In re the Estate of Heller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to SCPA 2103 to discover property relating to a partnership in which the decedent and the respondent, David Heller, were partners, the petitioner, as preliminary executrix of the decedent’s estate, appeals from so much of an order of the Surrogate’s Court, Nassau County (Radigan, S.), dated June 3,1992, as denied her motion to compel discovery.
Ordered that the appeal is dismissed, with costs.
"An order denying a motion to compel a witness to answer questions propounded at an examination before trial is akin to *394a ruling made in the course of the examination itself and…
2Cases cited2 opinions
- Roberts v. ModicaAppellate Division of the Supreme Court of the State of New York · 1984
- Ewell v. MooreAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by1 opinion
- Chevannes v. Lexington Garden AssociatesAppellate Division of the Supreme Court of the State of New York · 1999