IN THE MATTER OF APPLICATION OF MARIO ZAHGHI V DANIEL MARTUSCELLO, III, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT
Motion No: CA 25-00429
Slip Opinion No: 2025 NY Slip Op 69246(U)
Decided on April 28, 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.


April 28, 2025

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

CA 25-00429
Index No: 22,266-24

IN THE MATTER OF APPLICATION OF MARIO ZAHGHI, PETITIONER-APPELLANT,

V

DANIEL MARTUSCELLO, III, ACTING COMMISSIONER,

NEW YORK STATE DEPARTMENT OF CORRECTIONS AND

COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court, Wyoming County, entered February 25, 2025,

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

It is hereby ORDERED that the motions for permission to proceed as a poor person are 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: April 28, 2025

Ann Dillon Flynn

Clerk of the Court