In DeSiervi v. Liverzani (136 AD2d 527 [2d Dept 1988]) the Court upheld a stay of the action to declare the assignment of a mortgage null and void pending the resolution of the criminal action against the defendant Peter L. Cavalier. Mr. Cavalier was charged with causing a forged assignment of a mortgage to be recorded. The Second Department noted that a defendant does not have an absolute right under the U.S. or New York State Constitutions for a stay of a civil action pending the resolution of the criminal proceeding. However, the Court found that the protection of the defendant's right to invoke the Fifth Amendment against self-incrimination takes precedence over any inconvenience and delay to the plaintiff.