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RIVERA v. DEPARTMENT OF LABOR AND INDUS.

No. 24827.

60 P.3d 298 (2002)

100 Hawai`i 348

Alphonso D. RIVERA, Plaintiff-Appellant, v. DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, Employment Security Division, AOAO Evergreen Terrace c/o Certified Management, Inc., Defendants-Appellees, and Doe Entities 1-10, Defendants.

Supreme Court of Hawai`i.

December 26, 2002.

Attorney(s) appearing for the Case

Carl M. Varady, Honolulu, for Plaintiff-Appellant, Alfonso D. Rivera, Jr.

Li-Ann Yamashiro, Deputy Attorney General, for Defendant-Appellee, Department of Labor and Industrial Relations.

Philip S. Uesato, of Ayabe Chong Nishimoto Sia & Nakamura, Honolulu, for Defendant-Appellee, AOAO Evergreen Terrace.

MOON, C.J., LEVINSON, NAKAYAMA, and RAMIL, JJ., and ACOBA, J., dissenting.

Opinion of the Court by RAMIL, J.

Plaintiff-Appellant Alphonso D. Rivera appeals in this secondary appeal from a circuit court judgment dismissing his agency appeal. Rivera filed an agency appeal with the circuit court1 pursuant to Hawai`i Revised Statutes ("HRS") § 91-14, appealing a decision of the Department of Labor and Industrial Relations ("DILR") disqualifying Rivera from unemployment

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