Opinion
NO. SCPW-12-0000799
11-14-2012
MICHAEL C. TIERNEY, Petitioner, v. 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.
Mark E. Recktenwald
Paula A. Nakayama
Sabrina S. McKenna
Richard W. Pollack
DISSENT BY ACOBA, J.
I dissent and would grant the motion for reconsideration because HRS § 353H-7 evinces a mandatory request.
Simeon R. Acoba, Jr.