Appellate Division: Second Judicial Department

M51685

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

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

DECISION & ORDER ON MOTION

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. By order to show cause dated January 22, 2007, the appellant was 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), and the motion was held in abeyance in the interim.

Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the order to show cause to dismiss the appeal is granted, and the appeal is dismissed 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); and it is further,

ORDERED that the appellant's motion is denied as academic.

PRUDENTI, P.J., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court