Appellate Division: Second Judicial Department

M40408

C/sl

ANITA R. FLORIO, J.P.

STEVEN W. FISHER

ROBERT J. LUNN

MARK C. DILLON, JJ.

2006-02123 The People, etc., respondent, v Crispin Mendez, appellant. (Ind. No. 04443/95)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Queens County, rendered February 9, 2006, for leave to prosecute the appeal from the purported judgment as a poor person, and for the assignment of counsel. By order to show cause dated April 17, 2006, the appellant was 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 May 17, 1996, to be brought to execution (see People v Crawford, 239 AD2d 515), and the motion was held in abeyance in the interim.

Now on the court's own motion, and no papers having been filed in opposition or relation thereto, and upon the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss is granted and the appeal is dismissed; and it is further,

ORDERED that the motion for leave prosecute the appeal as a poor person and for the assignment of counsel is denied as academic.

FLORIO, J.P., FISHER, LUNN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court