Appellate Division: Second Judicial Department

M49710

E/sl

ROBERT W. SCHMIDT, J.P.

REINALDO E. RIVERA

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-10754 The People, etc., respondent, v Andres Molina, appellant. (Ind. No. 3367/02)

ORDER TO SHOW CAUSE

Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Queens County, rendered October 16, 2006, for leave to prosecute the appeal from the purported judgment as a poor person, and for the assignment of counsel.

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 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 January 4, 2005, 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 February 26, 2007; 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); and it is further,

ORDERED that the motion for poor person relief and the assignment of counsel is held in abeyance in the interim.

SCHMIDT, J.P., RIVERA, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court