Opinion
March 16, 1990
Appeal from the Supreme Court, Erie County, McGowan, J.
Present — Denman, J.P., Pine, Lawton, Davis and Lowery, JJ.
Order unanimously affirmed without costs. Memorandum: Upon this appeal from an order denying defendant's motion for a protective order and in the absence of a defense motion for accelerated judgment, the merits of plaintiff's complaint are not before us (see, CPLR 3211 [a] [7]; 3212).