Appellate Division: Second Judicial Department

M94083

S/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2008-09463 The People, etc., respondent, v Kweku Fortune, appellant. (Ind. No. 683/05)

ORDER TO SHOW CAUSE

Appeal by the defendant from a purported judgment of the Supreme Court, Kings County, rendered October 1, 2008.

Upon the court's own motion, it is

ORDERED that the appellant 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 October 26, 2006, 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 December 4, 2009; 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, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court