Appellate Division: Second Judicial Department

M81618

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2008-09043 The People, etc., respondent, v Juan Urena, appellant. (Ind. No. 4407/96)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Kings County, rendered September 26, 2008, 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 December 11, 2008, the appellant was directed to show cause why an order should or should not be entered 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 a judgment of the same court rendered June 25, 1997, to be brought to execution (see People v Crawford, 239 AD2d 514) and the appellant's motion was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see People v Crawford, 239 AD2d 514); and it is further,

ORDERED that the motion for leave to prosecute the appeal from the purported judgment as a poor person and for the assignment of counsel is denied as academic.

RIVERA, J.P., MILLER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court