MATTER OF HANDEL v. HANDEL

Order affirmed, with costs, and the question certified answered in the affirmative in the following memorandum:

The order of the Appellate Division should be affirmed, with costs, and question certified answered in the affirmative on the ground that respondent-appellant failed to move for a protective order under CPLR 3122 or to show cause why his failure to so move was excusable ( Zeif v. Zeif, 31 A.D.2d 625; Coffey v. Orbachs, Inc., 22 A.D.2d 317, 319-320), and neither the Appellate Division nor the Family Court exercised discretion to excuse compliance with CPLR 3122, a discretion which either court undoubtedly had. No other issue is passed upon.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.