The nonappealability of evidentiary rulings and orders from in limine motions, even when made on notice, are exceptions to the general rule regarding appeals as of right as set forth in CPLR 5701(a)(2). Notably, this exception has its own exceptions.
The General Rule
CPLR 5701(a)(2) states, in pertinent part, that an appeal may be taken as of right from an order provided two conditions are met: that the motion “was made upon notice and” also satisfies one of eight enumerated categories. Categories (iv) (“involves some part of the merits” and (v) (“affects a substantial right”) are most common. The Practice Commentaries, Richard C. Reilly, state: “Item [v] especially, which makes an order appealable if it merely ‘affects a substantial right,’ can probably absorb most of the other entries on the list, and do the job alone.”
