This matter is before the court on relator's "petition for writ of mandamus." Specifically, petitioner seeks an order from this court directing Erie County Court of Common Pleas Judge Maschari to rule on his motion to dismiss. A judgment entry denying relator's motion to dismiss was filed on January 21, 1999. Accordingly, relator's petition is dismissed at his costs.

WRIT DISMISSED.

Peter M. Handwork, P.J. ------------------------- JUDGE

Melvin L. Resnick, J. ------------------------- JUDGE

Richard W. Knepper, J. CONCUR. ------------------------- JUDGE