Appellate Division: Second Judicial Department

M128722

K/nl

JOHN M. LEVENTHAL, J.

2010-03777 The People, etc., respondent, v Baruch Lebovits, appellant. (Ind. No. 11393/08)

DECISION & ORDER ON APPLICATION

Application by the appellant, in effect, to amend a decision and order on motion of this Court dated April 15, 2011, as amended September 27, 2011, which granted the appellant's motion pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Kings County, rendered April 12, 2010, and directed that he be released from incarceration upon certain conditions, to allow the appellant to attend a certain medical appointment on November 23, 2011.

Upon the papers filed in support of the application and upon the consent of the People, it is

ORDERED that the application is granted and the decision and order on motion of this Court dated April 15, 2011, as amended September 27, 2011, is further amended by adding to the provision thereof which imposed a condition that the appellant remain confined to house arrest and wear an electronic monitoring bracelet, with monitoring services to be provided by Secure Alert and paid for by the appellant, the following: "the appellant shall be allowed to attend a medical appointment with Dr. Scott M. Tenner on November 23, 2011, on condition that the appellant shall inform the District Attorney of Kings County and Secure Alert of the exact route he intends to follow to and from the site of the above-referenced medical appointment."

JOHN M. LEVENTHAL

Associate Justice