LAW L!BHAF`%V NQT F0R PIJBLICATION IN WEST'S HAWAI‘I REPQRTS AND PACIFIC REPQRTER No. 303e2 lN THE INTERMEDlATE COURT OF APPEALS OF THE STATE OF HAWAFl wing V. Z' "3 W 91 :‘:)nvszez

JOHN P. DUNBAR, Petitioner-Appellant, STATE OF HAWAfI, Respondent-Appellee APPEAL FRoM THE DISTR:CT coURT oF THE sEcoND CIRCUIT (cAsE No. 213'1'1-09-025858) ORDER DENYlNG MOTlON FOR RECONSlDERATlON (By: Fujise, Presiding Judge, Reifurth and Ginoza, JJ) Upon consideration of Petitioner-Appellant John P. the papers in 2010 Motion for Reconsideration, it appears that: (l) Dunbar's August 4, support, and the records and files herein, pursuant to Rule 40(a) of the Hawai‘i Rules of Appellate Procedure, the motion for reconsideration is untimely; and (2) notwithstanding Appellant's assertion that he sought to timely 20lO, file his notice of appeal, it was not filed until March 9, Accordingly, well after the appeal deadline.

IT ls HEREBY oRDERED that the motion for reconsideration is denied.

DATED= Honolulu, Hawai‘i, August 16, 2010. v g Judge w Presidin fi)&m;\lmu m Associate Judge

Associate Judge