— Motion to dismiss appeal granted upon the ground that appellant is not presently available to obey the mandate of this Court in the event of an affirmance. (See People v Casiel, 33 NY2d 791; People v Howe, 32 NY2d 766; People v Del Rio, 14 NY2d 165.) Concur — Markewich, J. P., Kupferman, Murphy and Nunez, JJ.