| BISHME SMITH V GREELEY'S AUTO AND TIRE, INC. |
| Motion No: CA 25-01080 |
| Slip Opinion No: 2025 NY Slip Op 78779(U) |
| Decided on September 22, 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. |
PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 25-01080
Index No: SC-000190-23/SY
| BISHME SMITH, PLAINTIFF-APPELLANT, V GREELEY'S AUTO AND TIRE,
INC., DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal and for permission to proceed as a poor person on the appeal taken herein from an order of the County Court, Onondaga County, signed on July 3, 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 insofar as it seeks to vacate the dismissal of the appeal is granted on the condition that the appeal is perfected on or before November 21, 2025, and
It is hereby ORDERED that the motion for permission to proceed as a poor person is granted, and
It is further ORDERED that the Onondaga County Clerk provide appellant 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 appellant shall pay costs and fees and any sum expended by the County of Onondaga in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Entered: September 22, 2025
Ann Dillon Flynn
Clerk of the Court