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NO. 26690 IN THE SUPREME COURT OF THE STATE OF HAWAI#I CHASE MORTGAGE COMPANY-WEST, Plaintiff-Appellee vs. JAMES C. BUFALINI, JR., and MARY ANN BUFALINI, also known as MARY ANN V. BUFALINI, also known as MARYANNE V. BUFALINI, Defendants-Appellants and CITY BANK, UNITED STATES OF AMERICA, RELIABLE COLLECTION AGENCY, LTD., MARINER'S VALLEY TWO MAINTENANCE ASSOCIATION, and DIRECTOR OF DEPARTMENT OF TAXATION OF THE STATE OF HAWAI#I, Defendants-Appellees and BANK OF HAWAII, JOHN DOES 1-50, JANE DOES 1-50, DOE PARTNERSHIPS 1-50, DOE CORPORATIONS 1-50, DOE ENTITIES 1-50 and DOE GOVERNMENTAL UNITS 1-50, Defendants APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 02-1-2786) (By: ORDER Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon consideration of Defendants-Appellants' motion to dismiss their appeal as moot, the papers in support, and the records and files herein, it appears: (1) Appellants are appealing from the order approving the report of Commissioner's sale of property at public auction, directing distribution of proceeds, for a writ of possession and for disposal of personal property and subsequent judgment; (2) on September 14, 2004, the circuit court entered an order granting Plaintiff-Appellee Chase

Mortgage Company West's motion for cancellation of the sale; (3) inasmuch as the circuit court issued an order setting aside the sale or property that is the subject of this appeal, Appellants no longer wish to pursue their appeal. Therefore,

IT IS HEREBY ORDERED that Appellants' motion to dismiss appeal is granted, and the appeal is dismissed pursuant to HRAP Rule 42(b). this appeal. DATED: Honolulu, Hawai#i, October 18, 2004. Gary Victor Dubin for defendants-appellants on the motion The parties shall bear their own fees and costs of

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Hawaii Law