Appellate Division: Second Judicial Department

M34347

S/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

JOSEPH COVELLO, JJ.

2005-10692 The People, etc., respondent, v Carlos Kelly, a/k/a Ricardo McDonald, appellant. (Ind. No. 5220/96)

ORDER TO SHOW CAUSE

Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Kings County, rendered October 31, 2005, for leave to prosecute the appeal from the purported judgment as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the court's own motion, the defendant is directed to show cause before this court why an order should or should not be entered dismissing the appeal from the purported judgment on the ground that no appeal lies from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered December 16, 1997, to be brought to execution (see People v Benn, 172 AD2d 756), by filing an affirmation on that issue with the Clerk of this court on or before February 3, 2006; and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the defendant, and the District Attorney by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the motion is held in abeyance in the interim.

SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court