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Appellate Division, Third Department · November 5, 2026 · 2026 NY Slip Op 06505

Matter of Marshall-Gibson v Martuscello

Read the official decision: 2026 NY Slip Op 06505

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Holding The petition is dismissed as moot because the disciplinary determination was administratively reversed and the petitioner received all entitled relief. The court held that the petitioner is not entitled to further relief to be restored to his prior status.

The court’s words

the determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record

2026 NY Slip Op 06505, at the official text

Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot

2026 NY Slip Op 06505, at the official text
CourtAppellate Division, Third Department
DecidedNovember 5, 2026
Citation2026 NY Slip Op 06505
Area of lawPrison and Parole
WeekWeek ending November 7, 2026
Official textOfficial decision: 2026 NY Slip Op 06505
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1818

Recommended citation

ESQ HQ, New York Law Watch, Matter of Marshall-Gibson v Martuscello, 2026 NY Slip Op 06505 (Appellate Division, Third Department, November 5, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06505/

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 November 5, 2026. Updated November 5, 2026.