This cause is pending before the court as an appeal and cross-appeal from the Court of Appeals for Lake County. Upon consideration of appellee/cross-appellantfs application for dismissal of his cross-appeal,

IT IS ORDERED by the court that the application for dismissal of the cross-appeal be, and hereby is, granted.

IT IS FURTHER ORDERED by the court that the appeal of the state of Ohio remains pending and the appellant may file a reply brief pursuant to S.Ct.Prac.R. VI(3).