NO. 29802 IN THE INTERMEDIATE COURT OF APPEALS oF mss sTATE 0F HAwAr: §i ij

KENNETH P. B:LL:Nss, c1aiman:~Appei1ee, v. 53 sTATE 0F HAwAi?:, DEPARTMsNT 0F PUsL:c sAFETY, Empi@yer~App@11ant APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (AB 2004~464(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 ORDERED 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, HaWaiUH JaHU3FY 141 29lO- @@'z/ %zaM/\ Chief Judge