Upon consideration of the conditional petition filed on the 15th day of July 2005 by Respondent in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:
"Dismissed as moot by order of the Court in conference, this the 18th day of August 2005."
*508Justice BRADY recused.