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.