NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER


NO. 28002





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I







ANTHONY LIMAS, Petitioner-Appellant,
v.
STATE OF HAWAI`I, Respondent-Appellee





APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(SPP NO. 05-1-0035(2))





ORDER DENYING THE OCTOBER 2, 2006 MOTION FOR RECONSIDERATION
(By: Burns, C.J., Watanabe and Lim, JJ.)

Upon review of (1) the September 21, 2006 order dismissing Petitioner-Appellant Anthony M. Limas's (Appellant Limas) appeal from the Honorable Shackley F. Rafetto's June 1, 2006 "Order Denying Petitioner's Motion for the Court to Issue an Order of Final Separate Judgment," (2) Appellant Limas's October 2, 2006 "Motion to Reinstate the Appeal," which we deem to be a motion for reconsideration pursuant to Rule 40 of the Hawai`i Rules of Appellate Procedure, and (3) the record,

IT IS HEREBY ORDERED that Appellant Limas's October 2, 2006 motion for reconsideration is denied.

DATED: Honolulu, Hawai`i, October 6, 2006.