PEOPLE EX REL. CAPUA v. LAPE

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]).