GIGLIOTTI v. ALLSTATE INSURANCE COMPANY

Ordered that the order is affirmed, without costs or disbursements.

In the instant case, the Supreme Court did not improvidently exercise its discretion in denying the defendant's motion to depose a nonparty witness, made after the plaintiff filed a note of issue and certificate of readiness. The defendant failed to demonstrate "that unusual or unanticipated circumstances developed subsequent to the filing requiring additional pretrial proceedings to prevent substantial prejudice" (Mayo v. Lincoln Triangle Assocs., 248 A.D.2d 362; see, 22 NYCRR 202.21 [d]; Scocozza v. Tolia, 254 A.D.2d 475; Gill v. United Parcel Serv., 249 A.D.2d 265).

Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.