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).