FRANK GARCIA, CLAIMANT- V STATE OF NEW YORK

2026 NY Slip Op 68946(U)

May 12, 2026

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

FRANK GARCIA, CLAIMANT-RESPONDENT,

STATE OF NEW YORK, DEFENDANT-APPELLANT. Claim No.: 143707

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

May 12, 2026

CA 26-00058

Present: Whalen, P.J., Lindley, Curran, Bannister, And Montour, JJ.

[*1]

Respondent having moved to dismiss the appeal taken herein from an order of the Court of Claims, entered November 24, 2025, and for other relief,

Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is denied, and

It is further ORDERED that the motion insofar as it seeks permission to proceed with a waiver of costs, fees, and expenses is granted, and

It is further ORDERED that the Court of Claims Clerk provide respondent with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that respondent shall pay costs and fees and any sum expended by the Court of Claims in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.

Entered: May 12, 2026

Ann Dillon Flynn

Clerk of the Court