IN THE MATTER OF RYAN JAMES REEDER V DANIEL MARTUSCELLO, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: TP 25-00111
Slip Opinion No: 2025 NY Slip Op 79659(U)
Decided on October 20, 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.


October 20, 2025

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

TP 25-00111

IN THE MATTER OF RYAN JAMES REEDER, PETITIONER,

V

DANIEL MARTUSCELLO, COMMISSIONER, NEW YORK STATE DEPARTMENT

OF CORRECTIONS AND COMMUNITY SUPERVISION, SUPERINTENDENT

GERARD JONES, SERGEANT M. MANWHIR AND SERGEANT R. PHILLIPS,

RESPONDENTS.


Petitioner having moved to vacate the dismissal of the proceeding transferred to this Court by order of the Supreme Court, Cayuga County, entered October 2, 2024,

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 motion is granted on the condition that petitioner's brief is filed and served in accordance with this Court's rules on or before December 19, 2025, and

It is further ORDERED that if petitioner's brief is so filed, then respondent's brief shall be filed and served in accordance with this Court's rules on or before January 23, 2026.

Entered: October 20, 2025

Ann Dillon Flynn

Clerk of the Court