NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER


NO. 28016





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I





FREDRENE K. BALANAY, Claimant-Appellant,
v.
SHIMA'S MARKET, INC., and
ISLAND INSURANCE COMPANY, LTD.,
Employer/Insurance Carrier-Appellees





APPEAL FROM LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD
(CASE NO. AB-2005-004 (2-04-01912))




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

Upon review of (1) the September 26, 2006 order dismissing Claimant-Appellant Fredrene K. Balanay's (Appellant Balanay) untimely appeal from the State of Hawai`i Labor and Industrial Relations Appeals Board's April 27, 2006 decision and order and May 30, 2006 order denying Appellant Balanay's motion for reconsideration, (2) Appellant Balanay's October 2, 2006 motion for reconsideration of the September 26, 2006 dismissal order pursuant to Rule 40 of the Hawai`i Rules of Appellate Procedure, and (3) the record,

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

DATED: Honolulu, Hawai`i, October 5, 2006.