NO. 23874



IN THE SUPREME COURT OF THE STATE OF HAWAII

______________________________________________________________________________



SURVIVORS OF RICHARD K. OHELO, Deceased, Claimant-Appellant



vs.



OAHU TRANSIT SERVICES, INC., Employer-Appellee, Self-Insured



and



JOHN MULLEN AND COMPANY, INC., Insurance Adjuster-Appellee



APPEAL FROM THE LABOR AND INDUSRIAL RELATIONS APPEALS BOARD

(CASE NO. AB 98-420 (2-93-27606))



ORDER DISMISSING APPEAL

(By: Moon, C.J., Levinson, Nakayama,

Ramil, and Acoba, JJ.)



Upon review of the record, it appears that (1) the supreme court clerk's office informed Appellant Survivors of Richard K. Ohelo, Deceased, by letter dated January 29, 2001 that the record on appeal cannot be filed without payment of the filing fee pursuant to Rule 3(f) of the Hawaii Rules of Appellate Procedure (HRAP) or an executed motion to proceed in forma pauperis pursuant to HRAP 24 and that the matter would be called to the attention of the court for such action as the court deemed proper pursuant to Rule 11(a), including dismissal of the appeal; and (2) appellant failed to pay the filing fee or submit a motion to proceed in forma pauperis; therefore,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawaii, February 16, 2001.