Opinion
November 15, 1985
Appeal from the Supreme Court, Erie County, Gaughan, J.
Present — Hancock, Jr., J.P., Doerr, Denman, O'Donnell and Pine, JJ.
Motion to dismiss appeal granted and appeal unanimously dismissed upon the ground appellant is not presently available to obey the mandate of the court in the event of an affirmance (see, People ex rel. Martinez v Walters, 63 N.Y.2d 727; People v Del Rio, 14 N.Y.2d 165).