Opinion
July 14, 1995
Appeal from the Supreme Court, Onondaga County, Hayes, J.
Present — Denman, P.J., Pine, Fallon, Callahan and Balio, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiff's motion to restore this matter to the calendar. The automatic stay pursuant to section 362 (a) (1) of the Bankruptcy Code ( 11 U.S.C. § 362 [a] [1]) does not apply to non-debtor defendants ( Central Buffalo Project Corp. v. Edison Bros. Stores, 205 A.D.2d 295, 297). Although an exception has been recognized when the bankrupt is obligated to indemnify a non-debtor defendant ( see, e.g., Robins Co. v. Piccinin, 788 F.2d 994, 999, cert denied 479 U.S. 876), the City of Syracuse has failed to show that such circumstance exists here.