Opinion
No. 4123.
January 27, 2011.
Appeal from order, Supreme Court, New York County (Marcy S. Friedman, J.), entered June 7, 2010, which denied plaintiffs motion to lift a stay of proceedings in this action pending an interlocutory appeal in a federal action titled Kramer v Lockwood Pension Servs., Inc. (US Dist Ct, SD NY, 08 Civ 2429, Batts, J.), unanimously dismissed as moot, without costs.
O'Melveny Myers LLP, Washington, DC (Brian P. Brooks of the District of Columbia Bar, admitted pro hac vice, of counsel), for appellant.
Dorsey Whitney LLP, New York (Patrick J. Feeley of counsel), for respondent.
Before: Gonzalez, P.J., Sweeny, Acosta, Freedman and Abdus-Salaam, JJ.
Inasmuch as the Court of Appeals issued a decision on November 17, 2010 answering the question certified to it by the Second Circuit in connection with the interlocutory appeal in the federal action ( see Kramer v Phoenix Life Ins. Co., 15 NY3d 539), the issue whether the motion court improperly declined to lift the stay has been rendered moot.