OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), respondent’s submission is treated as a motion to discontinue, the order is reversed, without costs, and the matter remitted to Supreme Court, Suffolk County, with directions to enter an order discontinuing the proceeding with prejudice pursuant to CPLR 3217 (subd [b]).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.