People v Cano, Rudolfo
Motion No: 2004-09804
Slip Opinion No: 2007 NYSlipOp 82143(U)
Decided on October 25, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M61515

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)

DECISION & ORDER ON MOTION

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. By order to show cause dated March 16, 2007, the appellant was directed to show cause before this court, why an order should or should not be made and 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 appeal lies 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).

Upon the court's own motion and no papers having been filed in response thereto, it is

ORDERED that the appeals are dismissed.

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

ENTER:

James Edward Pelzer

Clerk of the Court