Electronically Filed Supreme Court SCWC-29603 29-APR-2011 10:49 AM

SCWC-29603

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

KENNETH MATHISON, Petitioner/Plaintiff-Appellant,

vs.

STATE OF HAWAI'I, Respondent/Defendant-Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 29603; CR. NO. 93-473)

ORDER VACATING ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI AS UNTIMELY FILED ON APRIL 4, 2011 (By: Nakayama, J., for the court1 ) The Order Dismissing Application for Writ of Certiorari as Untimely filed on April 4, 2011, is hereby vacated.

DATED: Honolulu, Hawai'i, April 29, 2011.

FOR THE COURT: /s/ Paula A. Nakayama Associate Justice

Considered by: Recktenwald, C.J., Nakayama, Acoba, Duffy and McKenna, JJ.