PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-00145
(INDEX NO. 2015-0145.)

IN THE MATTER OF MARVIN THOMAS, PETITIONER, V WILLIAM FITZPATRICK, ONONDAGA COUNTY DISTRICT ATTORNEY, RESPONDENT.

Petitioner having moved having moved for permission to proceed as a poor person and for leave to appeal a judgment (denominated "decision and order") of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 25, 2015,

Now, upon reading and filing the affidavit of Marvin Thomas sworn to January 11, 2016, and the statement dated January 11, 2016, the notice of motion with proof of service thereof, and the affirmation of James P. Maxwell, Esq., dated February 8, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as its seeks permission to proceed as a poor person is denied on the ground that the facts set forth by petitioner fail to demonstrate merit to the proceeding, and

It is further ORDERED that the motion insofar as it seeks leave to appeal is denied on the ground that, so long as petitioner's motion was timely, it appears petitioner has an appeal as of right from the judgment (denominated "decision and order") (see CPLR 411; 5701 [a] [1]).

Memorandum: When "a motion for permission to appeal is made and such . . . motion is denied and, except for time limitations in CPLR 5513, some other method of taking an appeal or of seeking permission to appeal is available, the time limited for such other method shall be computed from the . . . denial" (see CPLR 5514 [a]).

Entered: February 25, 2016

Frances E. Cafarell, Clerk