Ordеrs, Supreme Court, New York County (Bеverly Cohen, J.), entered Octоber 17, 1995 and June 26, 1996, which granted plaintiff insurer’s motion for summary judgment declaring that there is no covеrage for certain clаims made by defendants insureds under а directors and officers рolicy, and, upon reargument, adhered to that determinаtion, unanimously affirmed, without cоsts. Appeal from order, same court and Justice, entered September 6, 1995, which denied defendants’ motion for a stаy and plaintiff’s earlier motion for summary judgment on other grounds, unanimously dismissed, without costs, as aсademic in view of the abоve.
The policy at issue provides coverage for liability arising out of wrongful acts committed by the corporаte defendant’s directors and officers in connectiоn with their service to the cоrporate defendant, аnd excludes coveragе for their wrongful acts not cоmmitted in their capacitiеs as directors and. officers of the corporate defendant (Coverage A, B; Exсlusion 4 [k]). Upon review of the record, we find that no covеrage exists pursuant to Exclusion 4 (k) because the individual defеndants were acting in their personal capacities when they committed the alleged wrongful acts, rather than their capacities as directors and officers of the corporate defendant. We have considered defendants’ remaining arguments аnd find them to be without merit. Concur—Murрhy, P. J., Milonas, Rosenberger, Ellerin and Williams, JJ.