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Michael C. Tierney v. Ted Sakai

November 14, 2012

MICHAEL C. TIERNEY, PETITIONER,
v.
TED SAKAI, INTERIM DIRECTOR, DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAII; SHARI KIMOTO; AND JEANETTE BALTERO, RESPONDENTS.



Electronically Filed Supreme Court SCPW-12-0000799 14-NOV-2012 08:07 AM

ORIGINAL PROCEEDING ORDER DENYING MOTION FOR RECONSIDERATION

(By: Recktenwald, C.J., Nakayama, McKenna, and Pollack, JJ. with Acoba, J., dissenting)

Upon consideration of petitioner Michael C. Tierney's motion for reconsideration of the October 9, 2012 order denying his petition for a writ of mandamus, which was electronically filed by the appellate clerk on November 2, 2012,

IT IS HEREBY ORDERED that the motion for reconsideration is denied.

s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack

DISSENT BY ACOBA, J.

I dissent and would grant the motion for reconsideration because HRS § 353H-7 evinces a mandatory request.

/s/ Simeon R. Acoba, Jr.

20121114

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