NO. 24414

IN THE SUPREME COURT OF THE STATE OF HAWAI`I


MICHAEL T. MASUOKA, Claimant-Appellant

vs.

G.W. MURPHY CONSTRUCTION CO., ARGONAUT
INSURANCE COMPANY, KENNETH T. GOYA,
Respondents-Appellees

and

LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD,
STATE OF HAWAI`I, Party In Interest-Appellee



APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 00-1-3759)


ORDER DENYING MOTION FOR RECONSIDERATION
(By: Moon, C.J., Levinson,
Nakayama, Ramil, and Acoba, JJ.)

Upon consideration of Appellant's "Petition for Rehearing In Banc" of the October 8, 2001 order dismissing appeal, which shall be deemed a motion for reconsideration under HRAP 40(a), the papers in support, and the record, it appears the deadline for filing a motion for reconsideration of the October 8, 2001 order was October 18, 2001, ten days after the order was filed. 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."). Appellant was not granted additional time to file the motion for reconsideration. The motion for reconsideration, filed on October 29, 2001, is untimely. Therefore,

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

DATED: Honolulu, Hawai`i, November 5, 2001.
 

Michael Masuoka
appellant pro se
on the motion