*1 NOT FOR PUBLICATION IN WEST'S HAWAI (cid:35) I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-21-0000468 06-DEC-2021 10:04 AM Dkt. 28 OGMD NO. CAAP-21-0000468 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI (cid:35) I STATE OF HAWAI (cid:35) I, Plaintiff-Appellee, v.

GARY R. GADIENT, Defendant-Appellant APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT

(CASE NOS. 2CPC-21-0000062 and 2CPC-21-0000122)

ORDER GRANTING MOTION TO DISMISS APPEAL (By: Leonard, Presiding Judge, Wadsworth and Nakasone, JJ.) Upon review of Defendant-Appellant Gary R. Gadient's ( Gadient ) November 8, 2021 Motion to Dismiss Appeal, the papers in support, and the record, it appears that (1) the appeal has been docketed; (2) Gadient seeks to dismiss the appeal; (3) attached to the motion is Gadient's declaration showing he understands the consequences of voluntary dismissal, consistent with Hawai (cid:35) i Rules of Appellate Procedure ( HRAP ) Rule 42(c); and (4) dismissal is authorized by HRAP Rule 42(b) and (c).

Therefore, IT IS HEREBY ORDERED that the motion is granted, and the appeal is dismissed.

DATED: Honolulu, Hawai (cid:35) i, December 6, 2021.

/s/ Katherine G. Leonard Presiding Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Karen T. Nakasone Associate Judge