Appellate Division: Second Judicial Department

M61156

E/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2007-03787 The People, etc., respondent, v Douglas Canas, appellant. (Ind. No. 2862/01)

ORDER TO SHOW CAUSE

Appeal by the defendant from a purported judgment of the Supreme Court, Queens County, dated March 28, 2007.

Now, on the Court's own motion, it is

ORDERED that the appellant show cause before this court why an order should or should not be made and entered dismissing the appeal from the purported judgment upon 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 July 25, 2003, 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, 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 by ordinary mail pursuant to CPL 470.60(2), and upon the attorney, if any, who last appeared for him, and upon the District Attorney, by regular mail.

MILLER, J.P., GOLDSTEIN, SKELOS and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court