| CARL WAYNE JAMES, CLAIMANT- V THE STATE OF NEW YORK |
| Motion No: CA 25-02121 |
| Slip Opinion No: 2026 NY Slip Op 61544(U) |
| Decided on January 27, 2026 |
| Appellate Division, Fourth Department, Motion Decision |
| 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. |
PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 25-02121
| CARL WAYNE JAMES, CLAIMANT-APPELLANT, V THE STATE OF NEW
YORK, DEFENDANT-RESPONDENT.
Index No: 136565
|
Appellant having moved for waiver of costs, fees and expenses on the appeal taken herein from an order of the Court of Claims, entered July 30, 2025,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, with leave to renew upon the filing and service of a new motion that includes, among other things, an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1250.4 [d] [2] [i]).
Memorandum: Assignment of counsel is not available.
Entered: January 27, 2026
Ann Dillon Flynn
Clerk of the Court