Appellate Division: Second Judicial Department

M95645

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2009-08102 The People, etc., respondent, v Carlos Mosquea, appellant. (Ind. No. 11203/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a purported judgment of the Supreme Court, Queens County, rendered June 25, 2009, as a poor person, and for the assignment of counsel. By order to show cause dated October 26, 2009, 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 appeal lies from the purported judgment, as the purported judgment was nothing more than a proceeding to cause a judgment of the same court rendered June 25, 2009, to be brought to execution, and the motion for poor person relief and the assignment of counsel was held in abeyance in the interim.

Upon the order to show cause and no papers having been 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.

SKELOS, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court