Bork v. City of New York

Appeal from order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about August 6, 1996, which, insofar as appealed from, directed plaintiff, "[i]n the event that [he] decides to produce a vocational expert to testify to his inability or limited ability to be employed”, to produce a copy of his vocational expert’s report and to submit to an examination by defendant’s vocational expert, unanimously dismissed, without costs, as taken from a nonappealable order.

The subject preliminary conference order is nonappealable since it was not made on notice (see, Everitt v…