From Casetext: Smarter Legal Research

People ex rel. De Capua v. Lape

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 29, 2005
17 A.D.3d 1041 (N.Y. App. Div. 2005)

Opinion

KAH 04-00644.

April 29, 2005.

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.

V. MICHAEL LICCIONE, WHITESBORO, FOR PETITIONER-APPELLANT.

Present — Pigott, Jr., P.J., Hurlbutt, Martoche, Smith and Pine, JJ.


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; see also Village of Savona v. Soles, 84 AD2d 683, 684). 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]).


Summaries of

People ex rel. De Capua v. Lape

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 29, 2005
17 A.D.3d 1041 (N.Y. App. Div. 2005)
Case details for

People ex rel. De Capua v. Lape

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. STEVEN DE CAPUA, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 29, 2005

Citations

17 A.D.3d 1041 (N.Y. App. Div. 2005)
793 N.Y.S.2d 799

Citing Cases

People ex rel. Sotov. Unger

Now, upon reading and filing the affidavit of Anselmo Soto, Jr. sworn to June 28, 2012, the notice of motion…

People ex rel. Charles B. v. McCulloch

Initially, we reject respondent's contention that the appeal should be dismissed because it is an appeal from…