Appellate Division: Second Judicial Department

M52152

S/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2004-09804, 2007-01678 The People, etc., respondent, v Rudolfo Cano, appellant. (Ind. No. 10535/03)

ORDER TO SHOW CAUSE

Appeals by the Rudolfo Cano from a judgment of the Supreme Court, Queens County, rendered October 21, 2004, and a purported judgment of the same court rendered February 17, 2007.

Now, upon the court's own motion, it is

ORDERED that the appellant show cause before this court, why an order should or should not be entered (1) dismissing the appeal from the judgment rendered October 21, 2004, as abandoned and (2) 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 the judgment rendered October 21, 2004, 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 April 20, 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).

RIVERA, J.P., SKELOS, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court