NO. 26573


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



HIEN QUANG LE, Plaintiff-Appellant


vs.


DR. ROY CHEN-JEN, Defendant-Appellee



APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 03-1-2435)



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

Upon consideration of the motion for reconsideration of the September 16, 2004 order dismissing appeal, the papers in support and the record, it appears that a motion for reconsideration of the September 16, 2004 order must have been filed by September 27, 2004 (Monday), ten days after the order was entered. See HRAP 40(a)("A motion for reconsideration may be filed by a party only within 10 days after the filing of the. . . dispositional order[.]"). The motion for reconsideration was filed on October 22, 2004 and is untimely. Therefore,

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

DATED: Honolulu, Hawai`i, October 29, 2004.