Opinion
Submitted May 8, 1978
Decided June 13, 1978
Motion to dismiss the appeal herein granted and the appeal dismissed upon the ground that the appellant is not presently available to obey the mandate of the court in the event of an affirmance (see People ex rel. Mallin v Kuh, 38 N.Y.2d 982; People v Del Rio, 14 N.Y.2d 165; People v Genet, 59 N.Y. 80).