Appellate Division: Second Judicial Department

M68528

E/sl

DAVID S. RITTER, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2008-02623 In the Matter of Zhour Hijri, respondent, v Nasser Fargaly, appellant. (Index No. 08-2623)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to appeal to this court from an order of the Family Court, Westchester County, dated March 14, 2008, to direct his release from the Valhalla Correctional Facility and to stay enforcement of the order pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal to this court is denied as unnecessary and the appellant's motion papers are deemed a timely notice of appeal (see CPLR 5701[c]); and it is further,

ORDERED that the branch of the motion which is to direct the appellant's release from the Valhalla Correctional Facility and to stay enforcement of the order pending hearing and determination of the appeal is granted, and enforcement of the order dated March 14, 2008, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 9, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 9, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the Warden of the Valhalla Correctional Facility, or his or her agents, is directed to immediately release the appellant from the Valhalla Correctional Facility, upon receipt of a certified copy of this decision and order on motion; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., COVELLO, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court