Appellate Division: Second Judicial Department

M42029

Y/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

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

DECISION & ORDER ON MOTION

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. By order to show cause dated May 22, 2006, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled action on the grounds that the appeal from the judgment had been abandoned and no appeal lies from the purported judgment.

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the branch of the motion which is to dismiss the appeal from the purported judgment rendered March 14, 2006, is granted (see People v Crawford, 239 AD2d 515); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the judgment rendered September 3, 1999, is denied; and it is further,

ORDERED that the appellant is directed to perfect the appeal from the judgment rendered September 3, 1999, expeditiously in accordance with the rules and written directives of this court (see 22 NYCRR 670.8[f]).

SCHMIDT, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court