NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 06-DEC-2021 10:04 AM Dkt. 28 OGMD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, v. GARY R. GADIENT, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NOS. 2CPC-XX-XXXXXXX and 2CPC-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL (By: Leonard, Presiding Judge, Wadsworth and Nakasone, JJ.)

Upon review of Defendant-Appellant Gary R. Gadient's (Gadient) November 8, 2021 Motion to Dismiss Appeal, the papers in support, and the record, it appears that (1) the appeal has been docketed; (2) Gadient seeks to dismiss the appeal; (3) attached to the motion is Gadient's declaration showing he understands the consequences of voluntary dismissal, consistent with Hawai#i Rules of Appellate Procedure (HRAP) Rule 42(c); and (4) dismissal is authorized by HRAP Rule 42(b) and (c).

Therefore, IT IS HEREBY ORDERED that the motion is granted, and the appeal is dismissed.

DATED: Honolulu, Hawai#i, December 6, 2021.

/s/ Katherine G. Leonard Presiding Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Karen T. Nakasone Associate Judge