Opinion
4123.
Decided on January 27, 2011.
Appeal from order, Supreme Court, New York County (Marcy S. Friedman, J.), entered June 7, 2010, which denied plaintiff's 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 and Kyra A. Grundeman of the Bar of the District of Columbia, admitted pro hac vice of counsel), for appellant.
Dorsey Whitney LLP, New York (Patrick J. Feeley of counsel), for respondent.
Gonzalez, P.J., Sweeny, Acosta, Freedman, 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., ___ NY3d ___, 2010 NY Slip Op 08376), the issue whether the motion court improperly declined to lift the stay has been rendered moot.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.