People v Fortune, Kweku
Motion No: 2008-09463
Slip Opinion No: 2010 NY Slip Op 64173(U)
Decided on February 24, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M98755

E/sl

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2008-09463

The People, etc., respondent,

v Kweku Fortune, appellant.

(Ind. No. 683/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue a motion to dismiss an appeal from a purported judgment of the Supreme Court, Kings County, rendered October 1, 2008, 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. The prior motion was determined by decision and order on motion dated December 11, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

FISHER, J.P., SANTUCCI, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court