In Matter of John E. O'Malley, Sr., 141 Misc 2d 863 [Sur Ct, Rensselaer County 1988]) the court chose to extend the disqualification under the advocate-witness rule to the pretrial stages of the action. The court stated that "as an essential witness, proponent's counsel might not only be called upon to answer interrogatories or to be orally examined in pretrial stages, but he may also need to make factual affidavits in defense or in prosecution of motions to dismiss or for summary judgment" (id. at 866). "Since all of these events may occur in pretrial stages, the continued representation of proponent by present counsel poses the danger that proponent's counsel will be in the unseemly situation of arguing his own credibility" (id.). The court in O'Malley refused to follow the contention that disqualification should not take place until the time of the actual trial which has been the holding in some cases.