REGAN v. N.Y. ST. DEPT. OF CIVIL SERVICE

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).