NO. 22839


IN THE SUPREME COURT OF THE STATE OF HAWAI`I


SERGE M. HERIN, Claimant-Appellee

vs.

JIRAWAT AND TEERAPAT CORPORATION, dba KONA SU'S THAI KITCHEN,
Employer-Appellant

and

SU'S THAI KITCHEN, INC., and TIG P&C INSURANCE COMPANY,
Employer/Insurance Carrier-Appellee

and

SPECIAL COMPENSATION FUND, Appellee


APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD
(CASE NO. AB 99-383(WH))


ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.)

Upon review of the record, it appears that this appeal was stayed in bankruptcy and the bankruptcy stay was terminated in July 2000. Appellant did not file an opening brief and was ordered to show cause why the appeal should not be dismissed for lack of prosecution. Appellant's response to the order to show cause states that appellant "does not object to dismissal of the appeal[.]" Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed. HRAP 30.

DATED: Honolulu, Hawai`i, April 9, 2002.