IN THE MATTER OF THE APPLICATION OF THOMAS GOODSON, #90-T-1254 V DANIEL MARTUSCELLO, III, COMMISSIONER, NEW YORK STATE
Motion No: CA 26-00232
Slip Opinion No: 2026 NY Slip Op 63115(U)
Decided on February 23, 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.


February 23, 2026

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

CA 26-00232
Index No: 22,314-25

IN THE MATTER OF THE APPLICATION OF THOMAS GOODSON,

#90-T-1254, PETITIONER-APPELLANT,

V

DANIEL MARTUSCELLO, III, COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENT-RESPONDENT.


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 31, 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 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: February 23, 2026

Ann Dillon Flynn

Clerk of the Court