
    The People of the State of New York ex rel. David Ward, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
    Submitted July 26, 1976;
    decided September 8, 1976
   Motion to dismiss the appeal herein granted and the 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 Parmaklidis, 38 NY2d 1005).  