NO. 24608


IN THE SUPREME COURT OF THE STATE OF HAWAI`I


NICHOLAS R. PAO, JR., Plaintiff-Appellant

vs.

MARK CHUNG, M.D. and STRAUB CLINIC
AND HOSPITAL, Defendants-Appellees


APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 98-5209)

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

This court having informed Plaintiff-Appellant Nicholas R. Pao, Jr. by letter dated January 25, 2002, that the record on appeal is in default and that pursuant to Rule 11(a) of the Hawai`i Rules of Appellate Procedure the matter would be called to the attention of the court for such action as the court deemed proper; and appellant having failed to respond to said letter or to otherwise oppose dismissal, therefore,

IT IS HEREBY ORDERED that this appeal is dismissed.

DATED: Honolulu, Hawai`i, March 5, 2002.