NOT FOR PUBLICATION

NO. 25274



IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I




WILLIAM J. COOKE, Plaintiff-Appellee, v.
THOMAS A. MARZEC, Defendant-Appellant





APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(Civil No. 1RC01-6954)




ORDER DISMISSING "DEFENDANT-APPELLANT THOMAS A. MARZEC'S
MOTION [FOR] RECONSIDERATION"
(By: Burns, C.J., Lim and Foley, JJ.)

On April 27, 2004, this court filed its Memorandum Opinion.

Defendant-Appellant Thomas A. Marzec (Marzec) timely filed a motion for extension of time to file motion for reconsideration.

On May 6, 2004, this court filed its "ORDER GRANTING MOTION FOR EXTENSION OF TIME [TO] FILE MOTION FOR RECONSIDERATION" extending Marzec's time to file a motion for reconsideration "from May 7, 2004 to June 1, 2004."

On June 2, 2004, Marzec filed "DEFENDANT-APPELLANT THOMAS A. MARZEC'S MOTION [FOR] RECONSIDERATION". Although this document and various included documents signed by Marzec all are dated "June 1, 2004", the entire package was filed on June 2, 2004. In other words, it was untimely filed and, for that reason, cannot be considered by this court and must be and hereby is dismissed.

DATED:  Honolulu, Hawai`i, June 15, 2004.


On the motion:


Thomas Adam Marzec
  Defendant-Appellant.