Opinion
July 12, 1989
Present — Doerr, J.P., Denman, Boomer, Pine and Davis, JJ.
Motion to dismiss appeal granted. Memorandum: Appellant is not presently available to obey the mandate of the court in the event of an affirmance (see, People v Shaw, 72 N.Y.2d 838; People v Ward, 143 A.D.2d 538, 539).