Upon consideration of the petition filed on the 22nd day of November 2005 by Defendant (Mascenik) 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:
"Denied by order of the Court in conference, this the 8th day of March 2006."
Justice NEWBY recused.