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Appellate Division, Second Department:March 13, 2020

Appellate Division, Second Department:March 13, 2020

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Motion List released on: March 13, 2020

By Mastro, J.P., Roman, Maltese, Barros, JJ. U.S. BANK NATIONAL ASSOCIATION, ETC., app, v. FRANK MADAIA, ET AL., def, SUSAN MADAIA, res — Appeal from an order of the Supreme Court, Richmond County, dated August 21, 2017. The appellant perfected the appeal on August 16, 2018, and the respondent did not file a brief. On December 27, 2019, this Court emailed the appellant’s counsel inquiring whether there was any impediment to the calendaring of the appeal, counsel did not respond, and the matter was placed on the calendar for March 6, 2020. On February 19, 2020, the appellant’s counsel advised this Court that the action had voluntarily discontinued on July 22, 2019. On February 20, 2020, the appellant requested leave to withdraw the appeal. Now, on the Court’s own motion, it is ORDERED that Shapiro, DiCaro & Barak, LLC, counsel for the appellant, is directed to show cause before this Court why an order should not be made and entered imposing such sanctions and/or costs, if any, against it pursuant to 22 NYCRR 1250.2(c) as this Court may deem appropriate, by filing an affirmation or affidavit on that issue in the office of the Clerk of this Court, and by serving one copy of the affirmation or affidavit on each other, on or before April 2, 2020; and it is further, ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon Shapiro, DiCaro & Barak, LLC, by regular mail. MASTRO, J.P., ROMAN, MALTESE and BARROS, JJ., concur.

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