Electronically Filed Supreme Court SCPW-12-0000799 14-NOV-2012 08:07 AM

NO. SCPW-12-0000799

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

MICHAEL C. TIERNEY, Petitioner,

vs.

TED SAKAI, INTERIM DIRECTOR, DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAI#I; SHARI KIMOTO; and JEANETTE BALTERO, Respondents.

ORIGINAL PROCEEDING

ORDER DENYING MOTION FOR RECONSIDERATION (By: Recktenwald, C.J., Nakayama, McKenna, and Pollack, JJ. with Acoba, J., dissenting)

Upon consideration of petitioner Michael C. Tierney’s

motion for reconsideration of the October 9, 2012 order denying

his petition for a writ of mandamus, which was electronically

filed by the appellate clerk on November 2, 2012,

IT IS HEREBY ORDERED that the motion for

reconsideration is denied.

DATED: Honolulu, Hawai#i, November 14, 2012. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack DISSENT BY ACOBA, J. I dissent and would grant the motion for reconsideration because HRS § 353H-7 evinces a mandatory request. /s/ Simeon R. Acoba, Jr.

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