Upon consideration of the conditional petition filed on the 24th day of October 2005 by Defendants 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:
*825"Dismissed as moot by order of the Court in conference, this the 29th day of June 2006."
Justice TIMMONS-GOODSON recused.