DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiff's contention, his motion was premature since substantial discovery remains outstanding ( see generally Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 506). Accordingly, the Supreme Court properly denied the motion.
SMITH, J.P., McGINITY, LUCIANO and TOWNES, JJ., concur.