Merenda v. Lisi

Full title: JOSEPH MERENDA et al., Respondents, v. KENNETH M. LISI et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 24, 1997

244 A.D.2d 535 (N.Y. App. Div. 1997)

664 N.Y.S.2d 471

Opinion

November 24, 1997

Appeal from the Supreme Court, Nassau County (Lally, J.).

Ordered that the appeal is dismissed as academic, with costs.

The defendants' motion sought, in effect, to prevent the taking of a second deposition of a nonparty witness. Inasmuch as a stay was not obtained; and the second deposition has since taken place, the appeal is dismissed as academic ( see, People ex rel. Smalls v. Tekben, 193 A.D.2d 828; Matter of Niagara Mohawk Power Corp. v. New York State Dept. of Envtl. Conservation, 169 A.D.2d 943).

Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.