MATTER OF LAMON MCKOY V DANIEL MARTUSCELLO, III, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: CA 25-00667
Slip Opinion No: 2025 NY Slip Op 75253(U)
Decided on August 18, 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.


August 18, 2025

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

CA 25-00667
Index No: 22,280-24

MATTER OF LAMON MCKOY, 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 April 3, 2025,

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 as a poor person 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: August 18, 2025

Ann Dillon Flynn

Clerk of the Court