| IN THE MATTER OF WILLIE STRONG V DANIEL MARTUSCELLO, III, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: CA 26-00028 |
| Slip Opinion No: 2026 NY Slip Op 63086(U) |
| Decided on February 9, 2026 |
| 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 26-00028
Index No: 22,306-25
| IN THE MATTER OF WILLIE STRONG, PETITIONER-APPELLANT, V DANIEL
MARTUSCELLO, III, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AND TOBIAS SHELLEY, ONONDAGA
COUNTY SHERIFF, RESPONDENTS-RESPONDENTS. |
Appellant having moved for waiver of costs, fees and expenses on the appeal taken herein from a judgment of the Supreme Court, Wyoming County, entered December 23, 2025, and for other relief,
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 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.
Memorandum: Assignment of counsel is not available.
Entered: February 9, 2026
Ann Dillon Flynn
Clerk of the Court