| IN THE MATTER OF JEREMIAH HERBERT V DANIEL MARTUSCELLO, III, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF |
| Motion No: CA 25-01642 |
| Slip Opinion No: 2025 NY Slip Op 79774(U) |
| Decided on November 3, 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. |
PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 25-01642
Index No: 22,279-24
| IN THE MATTER OF JEREMIAH HERBERT,
PETITIONER-APPELLANT, V DANIEL MARTUSCELLO, III, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT. |
Appellant having moved for a waiver of costs, fees and expenses on the appeal taken herein from a judgment of the Supreme Court, Wyoming County, entered August 27, 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 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, 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: November 3, 2025
Ann Dillon Flynn
Clerk of the Court