November 22, 2011
THE HONORABLE GERALD H. KIBE, JUDGE OF THE DISTRICT COURT OF THE FIRST CIRCUIT,
STATE OF HAWAII, RESPONDENT.
ORIGINAL PROCEEDING (CIVIL NO. 1SC11-1-1620)
Electronically Filed Supreme Court SCPW-11-0000751 22-NOV-2011 12:34 PM
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
Upon consideration of the motion for reconsideration of the October 31, 2011 order denying the petition for a writ of mandamus, it appears that the motion for reconsideration -- filed on November 21, 2011 -- was not filed within 10 days after the filing of the October 31, 2011 order. See HRAP 40(a) ("A motion for reconsideration may be filed by a party only within 10 days after the filing of the opinion, dispositional order, or ruling unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved."). Therefore,
IT IS HEREBY ORDERED that the motion for reconsideration is denied as untimely.
/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ James E. Duffy, Jr. /s/ Sabrina S. McKenna
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