Appellate Division: Second Judicial Department

M129562

K/nl

JOHN M. LEVENTHAL, J.

2011-07277 The People, etc., respondent, v Isidore Farkas, appellant. (Ind. No. 9106/06)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to amend a decision and order on motion of this Court dated August 18, 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 August 10, 2011, and directed that the appellant be released from incarceration upon certain conditions, inter alia, to allow the appellant to attend certain dental appointments.

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 to the extent that the decision and order on motion of this Court dated August 18, 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 two dental appointments with Dr. Mark Lefkowitz at 5019 20th Avenue in Brooklyn on December 12, 2011, and December 19, 2011, at 9:00 A.M., on condition that the appellant informs 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 dental appointments"; and it is further,

ORDERED that the motion is otherwise denied.

JOHN M. LEVENTHAL

Associate Justice