IN THE MATTER OF BISHME SMITH V YOLANDA KING
Motion No: CAF 25-00554
Slip Opinion No: 2025 NY Slip Op 69926(U)
Decided on May 28, 2025
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.


May 28, 2025

PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.

CAF 25-00554
Docket No: V-04283-18/24K (Motion 5)
CAF 25-00556
Docket No: V-04283-18/24K

IN THE MATTER OF BISHME SMITH, PETITIONER-APPELLANT,

V

YOLANDA KING, RESPONDENT-RESPONDENT.

IN THE MATTER OF BISHME SMITH, PETITIONER-APPELLANT,

V

YOLANDA KING, RESPONDENT-RESPONDENT.


Petitioner-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Onondaga County, entered March 19, 2025, and March 20, 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 appeal from the order entered March 19, 2025 (CAF 25-00554), is dismissed on the ground that the order appealed from is not an order of disposition appealable as of right (see Family Court Act § 1112 [a]), and the motion is dismissed with respect to that appeal, and

It is further ORDERED that the motion is granted with respect to the appeal from the order entered March 20, 2025 (CAF 25-00556), and

It is further ORDERED that John Cirando, Esq., 250 South Clinton Street, Suite 350, Syracuse, New York 13202, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Onondaga County Family Court Clerk provide John Cirando Esq., 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 the record and briefs are to be filed and served within 60 days of the filing of the transcripts with the Onondaga County Family Court Clerk.

Entered: May 28, 2025

Ann Dillon Flynn

Clerk of the Court