NOT FOR I’[FBLICATION I,N WEST'S HAVV'AI‘I R.E.P()R]`S ANI) P.AC’IFIC REI’()R"I`ER

NO. 29803 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAITf

,,... §§ KENNETH P. BILLlNGS, Claimant-Appellee, v.t »a; § sTATE oF HAwArI, DEPARTMENT oF PUBLIc sAFETY, Emp1oyer~AppeliaHt APPEAL FRoM THB LABoR AND :NDUsTR:AL RELATioNs APPEALs BoARD (AB 2006~464<H)> ORDER GRANTING MOTION TO DISMISS APPEAL (By: Nakamura, C.J., Foley and Leonard, JJ.)

Upon consideration of Employer~Appellant State of Hawaii, Department of Public Safety's Motion to Dismiss Appeal Pursuant to HRAP Rule 42(b)and the statement of no opposition to the dismissal filed by Claimant-Appellee Kenneth Billings, IT IS HEREBY GRDERED that the motion to dismiss appeal is granted, and this appeal is dismissed without prejudice to Claimant-Appellee‘s pending request for attorney's fees and costs.

DATED: Honolulu, HawaiUq January l4, 20lO.

Chief Judge Y~ \.

Associate Judge