Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHN MARTINEZ, Appellant, v. WILSON WALTERS, as Superintendent of Ossining Correctional Facility, et al., Respondents. Motion 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. Wildes v New York State Bd. of Parole, 45 N.Y.2d 961; People ex rel. Mallin v Kuh, 38 N.Y.2d 982; People v Sullivan, 28 N.Y.2d 900; People v Del Rio, 14 N.Y.2d 165; People v Genet, 59 N.Y. 80).