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REGAN v. NEW YORK STATE DEPARTMENT OF CIVIL SERVICE

284 A.D.2d 950 (2001)

725 N.Y.S.2d 917

JOHN M. REGAN, on Behalf of Himself and all Other Vestees Within the New York State Health Insurance Plan Similarly Situated, Appellant, v. NEW YORK STATE DEPARTMENT OF CIVIL SERVICE et al., Respondents, et al., Defendant. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided June 8, 2001.

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<...

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