NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER


NO. 28072





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I




GLENN OKIMOTO, Former Comptroller, Department of Accounting
            and General Services, State of Hawai`i; MARY ALICE
            EVANS, Comptroller, Department of Accounting and
            General Services, State of Hawai`i; DIANNE MATSUURA,
            Personnel Officer, Department of Accounting and General
            Services; State of Hawai`i; JAMES RICHARDSON,
            Administrator, Central Services Division, Department of
            Accounting and General Services, State of Hawai`i; and
            DONALD INOUYE, manager, Physical Plant Operations and
            Maintenance Program, Department of Accounting and
            General Services, State of Hawai`i, Respondents-Appellants,

v.

UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO,
Complainant-Appellee,

and


HAWAII LABOR RELATIONS BOARD, BRIAN K. NAKAMURA,
Chairperson; CHESTER C. KUNITAKE, Board Member, and
KATHLEEN RACUYA-MARKRICH, Board Member, Appellees





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CV. NO. 03-1-1797-09)




ORDER DISMISSING APPEAL WITHOUT PREJUDICE
(By: Burns, C.J., Lim and Foley, JJ.)

Upon review of the record in this case, it appears that (1) the appellant filed a notice of appeal to the circuit court from an agency decision; (2) the notice of appeal was properly filed in the circuit court record, Civil No. 03-1-1797, but, by mistake, a copy of the notice of appeal to the circuit court was transmitted to the appellate court and docketed under No. 28072. Therefore,

IT IS HEREBY ORDERED that the appeal docketed as No. 28072 is dismissed without prejudice to the circuit court deciding the notice of appeal to the circuit court, which was filed in Civil No. 03-1-1797, and without prejudice to any subsequent appeal to the appellate court allowed by statute.

DATED:  Honolulu, Hawai`i, September 7, 2006