| People v Kelly, Carlos, a/k/a McDonald, Ricardo |
| Motion No: 2005-10692 |
| Slip Opinion No: 2006 NYSlipOp 76383(U) |
| Decided on September 22, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M44802
A/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
FRED T. SANTUCCI
DANIEL F. LUCIANO, JJ.
|
2005-10692 The People, etc., respondent, v Carlos Kelly, a/k/a Ricardo McDonald, appellant. (Ind. No. 5220/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to vacate a decision and order on motion of this court dated March 15, 2006, which dismissed an appeal from a purported judgment of the Supreme Court, Kings County, rendered October 31, 2005, on the ground that no appeal lies from a 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.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
MILLER, J.P., CRANE, SANTUCCI and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court