NO. 27293



IN THE SUPREME COURT OF THE STATE OF HAWAI`I




JANICE LYNN SUSSMAN, Respondent-Appellee,


vs.


ROGER LEE SUSSMAN, Petitioner-Appellant.





CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(FC-D NO. 04-1-0468)





ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI AS UNTIMELY
(By: Nakayama, J., for the court (1))

Petitioner-Appellant's application for writ of certiorari filed on December 7, 2006, is hereby dismissed as untimely.

DATED: Honolulu, Hawai`i, December 18, 2006.


Elizabeth C. Melehan
for petitioner-appellant,
on the application




1.     Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.