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Appellate Division, Third Department · September 24, 2026 · 2026 NY Slip Op 05445

Matter of Barletta v Martuscello

Read the official decision: 2026 NY Slip Op 05445

Holding The court held that while the request for the 2021 misbehavior report was moot, the petitioner substantially prevailed in the proceeding and is entitled to have the matter remitted for a determination of statutory litigation costs. The lower court’s dismissal of the fee request was reversed because the agency failed to respond within the statutory time and the petitioner obtained the requested documents.

The court’s words

the statutory prerequisites for an award of litigation costs have been satisfied

2026 NY Slip Op 05445, at the official text

petitioner has substantially prevailed because he obtained both the 2022 and the 2021 misbehavior reports

2026 NY Slip Op 05445, at the official text

the agency failed to respond to a request or appeal within the statutory time

2026 NY Slip Op 05445, at the official text
CourtAppellate Division, Third Department
DecidedSeptember 24, 2026
Citation2026 NY Slip Op 05445
Area of lawAdministrative Law · Freedom of Information Law
WeekWeek ending September 26, 2026
Official textOfficial decision: 2026 NY Slip Op 05445
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id369

Recommended citation

ESQ HQ, New York Law Watch, Matter of Barletta v Martuscello, 2026 NY Slip Op 05445 (Appellate Division, Third Department, September 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05445/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 24, 2026. Updated September 24, 2026.