Opinion Excerpt

Matter of Cruz v Martuscello 2026 NY Slip Op 05219 September 3, 2026 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This decision is uncorrected and subject to revision before publication in the Official Reports. In the Matter of Michael Cruz, Appellant, v Daniel F. Martuscello III, Respondent. Decided and Entered:September 3, 2026 CV-25-1272 Calendar Date: August 19, 2026 Before: Garry, P.J., Fisher, Powers, Corcoran And