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
| Court | Appellate Division, Third Department |
|---|---|
| Decided | September 24, 2026 |
| Citation | 2026 NY Slip Op 05445 |
| Area of law | Administrative Law · Freedom of Information Law |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05445 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 369 |
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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