¶1 Justice Martin having recused, the Court is evenly divided. Under these circumstances, following the uniform practice of this Court, the decision of the Court of Appeals is affirmed, not as *329 precedent but as the decision in this case. Lynch v. Hazelwood, 312 N.C. 619, 324 S.E. 2d 224 (1985).
¶2 Affirmed.