| THE PEOPLE EX REL., LAWRENCE MCCREA V DALE ARTUS, ACTING SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY |
| Motion No: KAH 11-02318 |
| Slip Opinion No: 2012 NY Slip Op 69349(U) |
| Decided on March 29, 2012 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KAH 11-02318
Index No: I-2011-3658
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., LAWRENCE MCCREA,
PETITIONER-APPELLANT, V DALE ARTUS, ACTING SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Petitioner having moved for leave to appeal from the order of Supreme Court, Erie County dated September 16, 2011,
Now, upon reading and filing the statement of Lawrence McCrea dated January 11, 2012, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed.
Memorandum: No appeal lies as of right from an ex parte order (see CPLR 5701[a][2]; Obot v Medaille College, 82 AD3d 1629; appeal dismissed 17 NY3d 756). Petitioner's remedy is to move for relief pursuant to CPLR 5704 (a) (see Tejeda ex rel. Pichardo v Woodycrest Realty, L.L.C, 39 AD3d 210; Anostario v Anostario, 249 AD2d 612).
Entered: March 29, 2012
Frances E. Cafarell, Clerk