Appellate Division: Second Judicial Department

M63885

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

MARK C. DILLON

RUTH C. BALKIN, JJ.

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

DECISION & ORDER ON MOTION

Appeal by the defendant from a purported judgment of the Supreme Court, Queens County, dated March 28, 2007. By order to show cause dated October 16, 2007, the appellant was directed to show cause before this court why this appeal should or should not be dismissed 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).

Upon the order to show cause and the papers having in response thereto, it is

ORDERED that the motion 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 July 25, 2003, to be brought to execution (see People v Crawford, 239 AD2d 514).

MILLER, J.P., CRANE, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court