PEOPLE EX REL. MARTINEZ v. WALTERS

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).