| IN THE MATTER OF MAMADOU BARRY V DANIEL F. MARTUSCELLO, III, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF |
| Motion No: TP 25-01227 |
| Slip Opinion No: 2026 NY Slip Op 63143(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. |
PRESENT: BANNISTER, J.P., MONTOUR, SMITH, NOWAK, AND DELCONTE, JJ.
TP 25-01227
| IN THE MATTER OF MAMADOU BARRY, PETITIONER, V DANIEL F.
MARTUSCELLO, III, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
Respondent having moved to dismiss the proceeding transferred to this Court by an order of the Supreme Court, Wyoming County, entered July 16, 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 is denied as academic.
Entered: February 24, 2026
Ann Dillon Flynn
Clerk of the Court