Appellate Division: Second Judicial Department

M44879

Y/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2006-05739 The People, etc., respondent, v Eric Walker, appellant. (Ind. No. 10358/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Queens County, rendered June 1, 2006, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. By order to show cause dated August 9, 2006, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal, 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 June 25, 2003, to be brought to execution (see People v Crawford, 239 AD2d 514), and the motion was held in abeyance in the interim.

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed (see People v Crawford, supra); and it is further,

ORDERED that the motion is denied as academic.

PRUDENTI, P.J., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court