LAVEj§HARY

No. 30638 ii §§ IN THE sUPREME c0URT or THE sTATE oF HAwA;€F §§ `i §§ M:cHAEL c. T1ERNEY, Petitioner, @‘ THE HoNoRABLE DERRIcK H. M. cHAN, JUDGE oF THE c;3cUIT §§ COURT OF THE FIRST CIRCUIT, STATE OF HAWAI‘I, ReSpondent.

ORIGINAL_PROCEEDING (CR. NO. 88-2209 and CR. NO. 89~OO24) oRDER (By: Duffy, J. for the courtU AUpon consideration of the motion for reconsideration of the Auqust 27, 2010 order denying the petition for a writ of mandamus, 4 IT IS HEREBY ORDERED that the motion for reconsideration is denied.

DATED: Honolulu, HawaiH4 september 15, 2010_ FOR THE COURT: q¢mn»§.£>H@QLQ1f Associate Justice

1 Considered by: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ. and Circuit Judqe Alm, assigned by reason of vacancy.