Appellate Division: Second Judicial Department

M39861

S/sl

STEPHEN G. CRANE, J.P.

ROBERT A. SPOLZINO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

1999-09101, 2006-04592 The People, etc., respondent, v Jerry Green, appellant. (Ind. No. 3996/97)

ORDER TO SHOW CAUSE

Appeals by Jerry Green from (1) a judgment of the Supreme Court, Queens County, rendered September 3, 1999, and (2) a purported judgment of the same court rendered March 14, 2006. The appeal from the judgment rendered September 3, 1999, has not been perfected.

Now, upon the court's own motion, it is

ORDERED that the appellant show cause before this court why an order should or should not be made and entered (1) dismissing the appeal from the judgment rendered September 3, 1999, as abandoned (see CPL 460.70[2][c]; 22 NYCRR 670.8[f]) and (2) 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 September 3, 1999, to be brought to execution (see People v Crawford, 239 AD2d 515) by filing an affidavit on those issues with the Clerk of this court on or before June 16, 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 appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.

CRANE, J.P., SPOLZINO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court