Jones v. State of New York

Opinion

Jones v State of New York

2026 NY Slip Op 04606

July 24, 2026

Appellate Division, Fourth 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.

DANIEL JONES, CLAIMANT-APPELLANT,

v

STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 140050.)

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on July 24, 2026

395 CA 25-00143

Present: Whalen, P.J., Bannister, Montour, Nowak, And Hannah, JJ.

DANIEL JONES, CLAIMANT-APPELLANT PRO SE.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (TAYLOR A. SUTTON OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Court of Claims (Anthony Brindisi, J.), entered October 25, 2024. The order granted the motion of defendant to dismiss and dismissed the claim.

[*1]

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Claimant appeals from an order granting defendant's motion to dismiss claimant's claim for certain relief with respect to allegedly misappropriated property. We take judicial notice of the fact that, while this appeal was pending, the Court of Claims granted that part of claimant's motion seeking leave to reargue his opposition to defendant's motion to dismiss and, upon reargument, again dismissed the claim. Although the subsequent order purported to grant leave to reargue only in part, the court further ordered that it was adhering to its prior decision dismissing the claim in its entirety, and we therefore conclude that the subsequent order completely supersedes the present one and that this appeal must be dismissed (see Lampack v Andrews, 246 AD3d 1484, 1485 [4th Dept 2026]; see generally CPLR 5701 [a] [2] [viii]; Matter of Jean G.S., 59 AD3d 998, 998 [4th Dept 2009]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court