Appellate Division: Second Judicial Department

M71149

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 on an appeal from an order of the Supreme Court, Westchester County, dated March 14, 2008, in effect, to amend so much of a decision and order on motion of this court dated April 2, 2008, as conditioned a stay of enforcement of the order dated March 14, 2008, and directed the appellant's release from the Valhalla Correctional Facility, upon his perfection of the appeal on or before May 9, 2008.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion of this court dated April 2, 2008, is amended by deleting from the decretal paragraphs thereof the date "May 9, 2008," and substituting therefor the date "June 30, 2008"; and it is further,

ORDERED that the stay granted by the decision and order on motion dated April 2, 2008, is continued on the further condition that the appellant shall continue to attend the WAVE program pending hearing and determination of the appeal or submit proof, on or before June 16, 2008, that he has completed the WAVE program.

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

ENTER:

James Edward Pelzer

Clerk of the Court