*981Motion to dismiss appeal granted and appeal dismissed, without costs, upon the ground that appellant is not presently available to obey the mandate of the court in the event of an affirmance (see, People ex rel. Martinez v Walters, 63 NY2d 727; People ex rel. Wildes v New York State Bd. of Parole, 45 NY2d 961; People v Sullivan, 28 NY2d 900; People v Del Rio, 14 NY2d 165; People v Genet, 59 NY 80).
