People ex rel. Mallin v. Kuh , 38 N.Y.2d 982 ( 1976 )

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 NY 80; People v Del Rio, 14 NY2d 165; People v Sullivan, 28 NY2d 900; cf. Matter of James H., 36 NY2d 794).