PEOPLE EX REL. MALLIN v. KUH

Motion granted and appeal dismissed, without costs, upon the ground that 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 N.Y. 80; People v Del Rio, 14 N.Y.2d 165; People v Sullivan, 28 N.Y.2d 900; cf. Matter of James H., 36 N.Y.2d 794).