Opinion Excerpt

Smith v State of New York 2026 NY Slip Op 05653 October 2, 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. TERRY SMITH, CLAIMANT-RESPONDENT, v STATE OF NEW YORK, DEFENDANT-APPELLANT. (CLAIM NO. 122242.) Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department Decided on October 2, 2026 656 CA