NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 30-MAY-2023 08:05 AM Dkt. 21 OGMD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellee, v. DAMIEN PALEKA, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CPC-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL (By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.)

Upon consideration of the Motion to Dismiss Appeal, filed May 5, 2023 (motion), by Defendant-Appellant Damien Paleka (Paleka), the papers in support, the record, and noting no opposition, it appears that (1) the appeal was docketed on November 15, 2022; (2) Paleka seeks to dismiss the appeal; (3) the motion is supported by Paleka's declaration showing Paleka 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, May 30, 2023.

/s/ Lisa M. Ginoza Chief Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Derrick H.M. Chan Associate Judge