Sayre v. Hoey

The court properly lifted the stay of this action, which had been imposed pending the conclusion of the related criminal proceedings (see CPLR 2201; Britt v International Bus Servs., 255 AD2d 143, 144 [1st Dept 1998]). As the court observed, there is no indication in the record that there are any criminal proceedings pending against Hoey (see Stuart v Tomasino, 148 AD2d 370, 373 [1st Dept 1989] [“Even if a criminal prosecution had been pending, however, the motion court was not obligated to stay the civil matter”]; see also Fortress Credit Opportunities I LP v Netschi, 59 AD3d 250 [1st Dept…