PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, PERADOTTO, AND PINE, JJ.

DOCKET NO. CA 08-00983

CHAKA MOSI KAMAU ZULU, PLAINTIFF-APPELLANT, V PIONEER LIBRARY SYSTEM, ET AL., DEFENDANTS-RESPONDENTS.

Appellant having moved pursuant to CPLR 5704 (a) to vacate an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on April 7, 2008, for permission to proceed as a poor person, and for other relief,

Now, upon reading and filing the affidavits of Chaka Mosi Kamau Zulu sworn to May 1, 2008, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is ORDERED that the motion for permission to proceed as a poor person be, and the same hereby is, granted, and the motions are otherwise denied.

Memorandum: Because the order of Supreme Court was not granted ex parte, plaintiff's remedy is not by way of a motion to vacate the order pursuant to CPLR 5704 (a), but by way of an appeal. Petitioner has 30 days from the service of our order with notice of entry to file and serve a notice of appeal (see CPLR 5514 [a]; Matter of Sawma v Bane, 197 AD2d 938 [4th Dept 1993], appeal dismissed 82 NY2d 882 [1993], rearg denied 83 NY2d 846, 1001 [1994]).

Entered: August 21, 2008

JoAnn M. Wahl, Clerk