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JOHN MANNING REGAN, ON BEHALF OF HIMSELF AND ALL OTHER VESTEES WITHIN THE NEW YORK STATE HEALTH INSURANCE PLAN WHO ARE SIMILARLY SITUATED, PLAINTIFF-APPELLANT, v. NEW YORK STATE DEPARTMENT OF CIVIL SERVICE, METROPOLITAN LIFE INSURANCE COMPANY, UNITED HEALTHCARE SERVICE CORP., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. (APPEAL NO. 1.)

Order unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court (Corning, J.). We add only that plaintiff failed to demonstrate that further discovery would disclose evidence that would affect the parties' rights and duties under the group health insurance contract ( see, Dano v. Royal Globe Ins. Co., 89 A.D.2d 817, 818, affd 59 N.Y.2d 827; see also, Zuckerman v. City of New York, 49 N.Y.2d 557, 562).

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REGAN v. N.Y. ST. DEPT. OF CIVIL SERVICE
(Jun 8, 2001)