In the Matter of the Application of Sgarlato & Sgarlato

Motion No: M-1369

Slip Opinion No: 2018 NYSlipOp 72351(U)

Decided on May 15, 2018

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

May 15, 2018

In the Matter of the Application of

Sgarlato & Sgarlato, PLLC,

Petitioner,

For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules,

v

Hon. Joan Madden,a Justice of the

Supreme Court of the State of New York,

New York County,

Respondent.

Petitioner having filed in this Court for relief in the nature of a Writ of Mandamus, Now, upon reading and filing the correspondence from Michael D. Fitzgerald, Esq., of counsel, dated March 16, 2018, and due deliberation having been had thereon, It is ordered that the petition is deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: May 15, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding,Rosalyn H. Richter Richard T. Andrias Barbara R. Kapnick Troy K. Webber, Justices

M-1369

Index No. 100779/05