Board of Tax Appeals, No. 91-G-827. This cause is pending before the court as an appeal and cross-appeal from the Board of Tax Appeals. Upon consideration of appellee/cross-appellant’s application for dismissal of the cross-appeal,

IT IS ORDERED by the court that the application for dismissal of the cross-appeal be, and hereby is, granted, effective February 8,1996.

The appeal of Roger W. Tracy, Tax Commissioner of Ohio, remains pending.