IN THE MATTER OF KEVIN STUART V DANIEL MARTUSCELLO, III, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
2026 NY Slip Op 67089(U)
March 30, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
IN THE MATTER OF KEVIN STUART, PETITIONER-APPELLANT,
v
DANIEL MARTUSCELLO, III, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.
Supreme Court of the State of New York, Appellate Division : Fourth Judicial Department
March 30, 2026
CA 26-00420 Index No: 22,323-25
Present: Whalen, P.J., Lindley, Curran, Bannister, And Montour, JJ.
[*1]Appellant having moved for waiver of costs, fees, and expenses on the appeal taken herein from a judgment of the Supreme Court, Wyoming County, entered February 6, 2026,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for permission to proceed with a waiver of costs, fees, and expenses is granted, and
It is further ORDERED that the Wyoming County Clerk provide appellant with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and
It is further ORDERED that appellant shall pay costs and fees and any sum expended by the County of Wyoming in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Entered: March 30, 2026
Ann Dillon Flynn
Clerk of the Court