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.