NOT FOR I’[FBLICATION I,N WEST'S HAVV'AI‘I R.E.P()R]``S ANI) P.AC’IFIC REI’()R"I``ER NO. 29803 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAITf ,,... §§ KENNETH P. BILLlNGS, Claimant-Appellee, v.t »a; § sTATE oF HAwArI, DEPARTMENT oF PUBLIc sAFETY, Emp1oyer~AppeliaHt APPEAL FRoM THB LABoR AND :NDUsTR:AL RELATioNs APPEALs BoARD (AB 2006~464 ORDER GRANTING MOTION TO DISMISS APPEAL (By: Nakamura, C.J., Foley and Leonard, JJ.) Upon consideration of Employer~Appellant State of Hawaii, Department of Public Safety's Motion to Dismiss Appeal Pursuant to HRAP Rule 42(b)and the statement of no opposition to the dismissal filed by Claimant-Appellee Kenneth Billings, IT IS HEREBY GRDERED that the motion to dismiss appeal is granted, and this appeal is dismissed without prejudice to Claimant-Appellee‘s pending request for attorney's fees and costs. DATED: Honolulu, HawaiUq January l4, 20lO. Chief Judge Y~ \. Associate Judge