IN THE MATTER OF JOSEPH M. FUSCO III V HON. JOHN B. GALLAGHER, JR., IN HIS OFFICIAL CAPACITY AS JUSTICE OF THE SUPREME
Motion No: OP 26-00065
Slip Opinion No: 2026 NY Slip Op 63132(U)
Decided on February 24, 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 24, 2026

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

OP 26-00065

IN THE MATTER OF JOSEPH M. FUSCO III, PETITIONER,

V

HON. JOHN B. GALLAGHER, JR., IN HIS OFFICIAL CAPACITY

AS JUSTICE OF THE SUPREME COURT, RESPONDENT.


Petitioner having moved for a waiver of costs, fees, and expenses in this original CPLR article 78 proceeding,

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 is denied.

Entered: February 24, 2026

Ann Dillon Flynn

Clerk of the Court