Appellate Division: Second Judicial Department

M108037

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2010-03732 The People, etc., respondent, v Leroy Johnson, appellant. (Ind. No. 2012/03)

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 January 5, 2010, as a poor person, and for the assignment of counsel. By order to show cause dated July 7, 2010, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal 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 April 3, 2008, to be brought to execution, and the appellant's motion 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 is denied as academic.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court