Appellate Division: Second Judicial Department

M95831

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

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

DECISION & ORDER ON MOTION

Appeal by the defendant from a purported judgment of the Supreme Court, Kings County, rendered October 1, 2008. By order to show cause dated November 6, 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 October 26, 2006, to be brought to execution.

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that 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 October 26, 2006, to be brought to execution (see People v Crawford, 239 AD2d 514).

DILLON, J.P., FLORIO, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court