| People ex rel. De Capua v Lape |
| 2005 NY Slip Op 03396 [17 AD3d 1041] |
| April 29, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York ex rel. Steven De Capua, Appellant, v William Lape, as Superintendent of Marcy Correctional Facility, Respondent. |
—[*1]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.