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 of Appeals in the event of an affirmance (see People v Genet, 59 NY 80; People v Del Rio, 14 NY2d 165; People v Sullivan, 28 NY2d 900; People v Parmaklidis, 38 NY2d 1005).