Scotto v. State, Department of Human Services

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Electronically Filed Supreme Court SCWC-12-0000662 12-DEC-2012 09:19 AM SCWC-12-0000662 IN THE SUPREME COURT OF THE STATE OF HAWAI#I LIVIA M. SCOTTO, Petitioner/Plaintiff-Appellant, vs. STATE OF HAWAI#I, DEPARTMENT OF HUMAN SERVICES, ET. AL., Respondents/Defendants-Appellees. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-12-0000662; CIV. NO. 11-1-002757) ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.) On November 5, 2012, petitioner Livia M. Scotto filed a document entitled Petition for Writ of Certiorari . To the extent petitioner seeks certiorari review of this court s October 31, 2012 order concerning the box of papers and other items Scotto delivered to the appellate clerk s office for filing, a copy of which is attached to the petition, such an order is not reviewable by the supreme court by application for a writ of certiorari. See HRAP 40.1(a) ( A party may seek review of the intermediate court of appeals decision by filing an application for a writ of certiorari in the supreme court. ); see also Haw. Rev. Stat. § 602-5(a) (Supp. 2011). Therefore, IT IS HEREBY ORDERED that the petition for a writ of certiorari is dismissed. DATED: Honolulu, Hawai#i, December 12, 2012. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack 2

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