Appellate Division: Second Judicial Department

M45797

S/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2006-04055 The People, etc., respondent, v Glenn Mendoza, appellant. (Ind. No. 1683/01)

ORDER TO SHOW CAUSE

Appeal by the defendant from a purported judgment of the Supreme Court, Queens County, rendered April 3, 2006.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appellant is ordered 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 appeals lie from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered September 18, 2002, to be brought to execution (see People v Crawford, 239 AD2d 514), by filing an affidavit on that issue with the Clerk of this court on or before November 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, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

MILLER, J.P., ADAMS, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court