Part II continues the examination of orders deciding in limine motions.
Orders for a ‘Frye’ Hearing
Generally, “no appeal lies from an order that denies a motion seeking a Frye hearing concerning proposed expert testimony.” Piorkowski v. Hosp. for Special Surgery, 116 A.D.3d 560, 560-61 (1st Dep’t 2014); Thornhill v. Degen, 185 A.D.3d 982 (2d Dep’t 2020). Such a ruling is, at best, an advisory opinion. Gonzalez v. Arya, 140 A.D.3d 925 (2d Dep’t 2016). Similarly, an order denying a motion to direct a witness to submit to a Frye hearing is, “at best, an advisory opinion which is neither appealable as of right nor by permission.” See also Fontana v. Larosa, 74 A.D.3d 1016 (2d Dep’t 2010).
Order From a Motion To Permit or Preclude Expert Testimony
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