People ex rel. De Capua v. Lape

17 A.D.3d 1041, 793 N.Y.S.2d 799, 2005 N.Y. App. Div. LEXIS 4519

Opinion

Appeal from an order of the Supreme Court, Oneida County (Norman I. Siegel, A.J.), entered February 26, 2004 in a proceeding pursuant to CPLR article 70. The order denied petitioner’s application pursuant to CPLR 1101 for permission to proceed as a poor person.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum: Petitioner appeals from an ex parte order denying his application pursuant to CPLR 1101 for permission to proceed as a poor person in the context of a habeas corpus proceeding. No appeal may be taken to this Court from an ex parte order (see Sholes v Meagher, 100 NY2d 333, 335 [2003]; see also Village of Savona v Soles, 84 AD2d 683, 684 [1981]). Petitioner can obtain an appealable order by reapplying for poor person status in Supreme Court on notice to the County Attorney pursuant to CPLR 1101 (c) (see generally CPLR 5701 [a] [2]). Present—Pigott, Jr., P.J., Hurlbutt, Martoche, Smith and Pine, JJ.