Opinion
Submitted August 17, 1999
October 25, 1999
In an action to recover damages for personal injuries, the plaintiff appeals (1), as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Seidell, J.).
ORDERED that the appeal from the order dated September 2, 1998, is dismissed, as that order was superseded by the order dated December 16, 1998, made upon reargument; and it is further,
ORDERED that the order dated December 16, 1998, is reversed insofar as appealed from, as a matter of discretion, that branch of the plaintiff's motion which was for a trial preference is granted, and the order dated September 2, 1998, is modified accordingly; and it is further,
ORDERED that the plaintiff is awarded one bill of costs.
The plaintiff sought a trial preference on the ground of his indigency (see, CPLR 3403[a] [3]; Cenname v. Lindholm, 69 A.D.2d 848 ). It is undisputed that the plaintiff is receiving Supplemental Security Income benefits and food stamps owing to his indigency. Under the circumstances of this case, the plaintiff's application for a trial preference should have been granted (see,Biengardo v. Terbush, 54 A.D.2d 570).
BRACKEN, J.P., THOMPSON, GOLDSTEIN, McGINITY, and SCHMIDT, JJ., concur.