Legal Opinion

Matter of Nicholas v. Martuscello

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 2026No. CV-25-0619Published

1Opinion of the Court

Matter of Nicholas v Martuscello (2026 NY Slip Op 00181)

Matter of Nicholas v Martuscello

2026 NY Slip Op 00181

Decided on January 15, 2026

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered:January 15, 2026

CV-25-0619

[*1]In the Matter of JB Nicholas, Appellant,

v

Daniel F. Martuscello III, as Commissioner of Corrections and Community Supervision, Respondent.

Calendar Date:November 13, 2025

Before:Clark, J.P., Reynolds…

2Cases cited23 opinions

  1. Press-Enterprise Co. v. Superior Court of Cal., County of RiversideSupreme Court of the United States · 1986
  2. Fry v. Village of TarrytownNew York Court of Appeals · 1997
  3. Ruffin v. LION CORP. & C.New York Court of Appeals · 2010
  4. Goldenberg v. Westchester County Health Care Corp.New York Court of Appeals · 2011
  5. Crain Communications, Inc. v. HughesNew York Court of Appeals · 1989

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