THE PEOPLE EX REL. MARTHA RAYNER, ESQ., ON BEHALF OF STEVE COLEMAN V DANIEL F. MARTUSCELLO III, COMMISSIONER, NEW YORK
Motion No: KAH 25-00059
Slip Opinion No: 2025 NY Slip Op 61637(U)
Decided on January 24, 2025
Appellate Division, Fourth 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.


January 24, 2025

PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.

KAH 25-00059

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

MARTHA RAYNER, ESQ., ON BEHALF OF STEVE COLEMAN, PETITIONER-APPELLANT,

V

DANIEL F. MARTUSCELLO III, COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENT-RESPONDENT.



Petitioner-appellant having moved upon the return of an order to show cause granted by Honorable Craig D. Hannah on January 17, 2025, for a calendar preference on the appeal taken herein from an order of the Supreme Court, Erie County, entered October 9, 2024,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that respondent-respondent shall file and serve an answering brief on or before February 7, 2025, and

It is further ORDERED that petitioner-appellant shall file and serve a reply brief on or before February 13, 2025, and

It is further ORDERED that the appeal is added to the day calendar of the Court for February 26, 2025.

Entered: January 24, 2025

Ann Dillon Flynn

Clerk of the Court