***
NOT FOR PUBLICATION ***
NO.
26775
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
In
the Matter of the Request of Frank J. Lucketti to Place Operating
Authority on Inactive Status
APPEAL FROM THE PUBLIC UTILITIES COMMISSION
(DOCKET NO.
02-0124)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the
statements supporting and contesting jurisdiction and the record, it
appears that the June 29, 2004 order
of the Public Utilities Commission was a final order appealable by
appellant pursuant to HRS § 271-33, provided that the
order was subject to a motion for reconsideration filed within ten days
after the order was served on June 29, 2004. See
HRS §§ 271-32(b) and 271-33. Appellant's July 22, 2004 motion
for reconsideration was not filed within ten days after theJune 29,
2004
order was served. Accordingly, the jurisdictional requirements for
appealing the June 29, 2004 order were
not met and we lack jurisdiction over this appeal. Therefore,
IT IS HEREBY
ORDERED that this appeal is dismissed for lack of appellate
jurisdiction.
DATED: Honolulu,
Hawai`i, December 13, 2004.