Opinion
September 28, 1970
Appeal from order of the Supreme Court, Richmond County, dated June 17, 1970, dismissed as academic, without costs. It appears from the record that the lien involved expired on July 1, 1970 (Lien Law, § 17). While the stay in the bankruptcy proceeding may have barred the owner from attacking the lien in the State court without permission of the bankruptcy court (cf. Matter of Union Hill Cash Carry Lbr. Co. v. Lesco, 21 A.D.2d 738), it did not relieve the trustee of the responsibility to keep the lien alive ( Matter of Gabler, 57 Misc. 148; see Jensen, Mechanics' Liens [4th ed.], § 294, p. 298). Christ, P.J., Rabin, Munder, Martuscello and Latham, JJ., concur.