In re the Arbitration between Allcity/Empire Insurance & Massillon

*152Appeal from judgment, Supreme Court, New York County (Kibble Payne, J.), entered March 7, 2003, which denied a petition to stay respondent insured’s demand for arbitration and dismissed the proceeding, unanimously dismissed, without costs, as moot.

After petitioner insurer obtained an order in 2000 staying arbitration on the ground that the second motorist in the accident was insured, the parties were advised that the second motorist’s insurer was insolvent and that the Security Fund was financially unable to provide coverage. Petitioner’s insured then made a second demand for arbitration, and…