DANIEL JONES CLAIMANT APPELLANT v. STATE OF NEW YORK DEFENDANT RESPONDENT CLAIM NO 140050 (2026)

MEMORANDUM AND ORDER

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