¶1Bruce T. Cunningham, Jr., Southern Pines, for Robert Sartori.
¶2Daniel P. O'Brien, Assistant Attorney General, for State of North Carolina.
*628ORDER
¶4Upon consideration of the petition filed by Defendant on the 7th of October 2009 in this matter for a writ of certiorari to review the order of the Superior Court, Buncombe County, the following order was entered and is hereby certified to the Superior Court of that County:
¶5"Dismissed by order of the Court in conference, this the 28th of January 2010."