
    The People of the State of New York ex rel. Barry Mallin, on Behalf of Donald Beauchene, Appellant, v Richard H. Kuh, as District Attorney of the County of New York, et al., Respondents.
    Submitted February 23, 1976;
    decided March 25, 1976
    
      
      Robert M. Morgenthau, District Attorney (Edward A. McDonald of counsel), for motion.
    No one opposed.
   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).  