Electronically Filed Supreme Court 30723 06-OCT-2010 10:02 AM NO. 30723

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

MICHAEL C. TIERNEY, Petitioner,

vs.

THE HONORABLE GLENN S. HARA, JUDGE OF THE CIRCUIT COURT OF THE THIRD CIRCUIT, STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING (CIVIL NO. 00-1-0377)

ORDER (By: Duffy, J. for the court1 )

Upon consideration of the motion for reconsideration of

the September 16, 2010 order denying the petition for a writ of

mandamus,

IT IS HEREBY ORDERED that the motion for

reconsideration is denied.

DATED: Honolulu, Hawai'i, October 6, 2010.

FOR THE COURT: /s/ James E. Duffy, Jr. Associate Justice

Considered by: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ. and Circuit Judge Del Rosario, assigned by reason of vacancy.