Appellate Division: Second Judicial Department

M85994

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MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-11016 The People, etc., respondent, v Kester Sandy, appellant. (Ind. No. 765/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Queens County, rendered November 21, 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 March 17, 2009, the appellant was directed to show cause before this court, why an order should or should not be entered 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 a judgment of the same court rendered January 30, 2001, to be brought to execution (see People v Crawford, 239 AD2d 514), and the motion for poor person relief and the assignment of counsel is 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 opposition 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 appellant's motion for poor person relief and the assignment of counsel is denied as academic.

DILLON, J.P., FLORIO, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court