Appellate Division: Second Judicial Department

M74772

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 amended by decision and order on motion of this court dated May 30, 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 June 30, 2008. Cross motion by the appellant to vacate the stay granted by decision and order on motion dated April 2, 2008, as amended by decision and order on motion dated May 30, 2008, and to dismiss the appeal.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition 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 "June 30, 2008," and substituting therefor the date "September 22, 2008"; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the stay is further conditioned upon the appellant's continued attendance in the WAVE program pending hearing and determination of the appeal or the submission of proof, on or before September 4, 2008, that the appellant has completed the WAVE program; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court