alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### William Link, Respondent, v City of New York et al., Appellants.

[825 NYS2d 518]

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Partnow, J.), dated December 21, 2005, which denied *758their motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action or, in the alternative, for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, that branch of the motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action is granted, and that branch of the motion which was for summary judgment dismissing the complaint is denied as academic.

“A police officer seeking to recover under General Municipal Law § 205-e must identify a statute or ordinance with which the defendant failed to comply and must, in addition, set forth facts from which it may be inferred that the defendant’s negligence directly or indirectly caused harm to him or her” *(Quinto v New York City Tr. Auth.,*7 AD3d 689, 689-690 [2004]; *see Williams v City of New York, 2*NY3d 352 [2004]; *Galapo v City of New York,*95 NY2d 568 [2000]). Liberally construing the allegations of the complaint, as amplified by the bill of particulars, accepting the allegations of the complaint as true, and providing the plaintiff with the benefit of every possible favorable inference *(see AG Capital Funding Partners, L.P. v State St. Bank & Trust Co.,*5 NY3d 582, 591 [2005]; *Leon v Martinez,*84 NY2d 83, 87 [1994]), the complaint fails to allege a specific statute, ordinance, or regulatory predicate for relief pursuant to General Municipal Law § 205-e.

Neither the general public safety standard codified in Labor Law § 27-a nor the requirements of the New York City Police Department Patrol Guide are adequate for this purpose *(see Williams v City of New York, supra*at 367-368; *Galapo v City of New York, supra*at 574-576; *Flynn v City of New York,*258 AD2d 129 [1999]). Moreover, the Occupational Safety and Health Administration regulations relied upon by the plaintiff apply to environmental and construction hazards and therefore do not constitute “a well-developed body of law containing particularized mandates or imposing a clear legal duty” on the defendants *(Abbadessa v City of New York,*269 AD2d 341, 341-342 [2000]; *see Desmond v City of New York,*88 NY2d 455, 464 [1996]). Finally, since the plaintiff was performing his official duties as a police officer at the time of the incident, his common-law negligence cause of action is barred by General Obligations Law § 11-106 *(see Brady v City of New Rochelle,*296 AD2d 365, 366 [2002]). Adams, J.P., Ritter, Mastro and Lifson, JJ., concur.
#### Gertrude M. Leyden, Respondent, v. The Brooklyn Heights Railroad Company, Appellant.

Judgment-and order" of the County Court of Kings county affirmed, with costs. Ho opinion. Jenks, Hooker and Rich, JJ., concurred; Woodward and Miller, JJ., dissented.
Exhibit 31.1
Certification Pursuant to Section 302 of Sarbanes-Oxley Act of 2002

 I, James F. Warsaw, certify that:

 1. I have reviewed this quarterly report on Form 10-Q of Mid-Wisconsin
Financial Services, Inc. (the "registrant");

 2. Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were
made, not misleading with respect to the period covered by this report;

 3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects
the financial condition, results of operations and cash flows of the registrant
as of, and for, the periods presented in this report;

 4. The registrant's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:

       (a) designed such disclosure controls and procedures, or caused such
      disclosure controls and procedures to be designed under our supervision,
      to ensure that material information relating to the registrant, including
      its consolidated subsidiaries, is made known to us by others within those
      entities, particularly during the period in which this report is being
      prepared;

       (b) evaluated the effectiveness of the registrant's disclosure controls
      and procedures and presented in this report our conclusions about the
      effectiveness of the disclosure controls and procedures, as of the end of
      the period covered by this report based on such evaluation; and

       (c) disclosed in this report any change in the registrant's internal
      control over financial reporting that occurred during the registrant's
      most recent fiscal quarter (the registrant's fourth fiscal quarter in the
      case of an annual report) that has materially affected, or is reasonably
      likely to materially affect, the registrant's internal control over
      financial reporting; and

 5. The registrant's other certifying officer(s) and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to
the registrant's auditors and the audit committee of registrant's board of
directors (or persons performing the equivalent functions):

       (a) all significant deficiencies and material weaknesses in the design
      or operation of internal control over financial reporting which are
      reasonably likely to adversely affect the registrant's ability to record,
      process, summarize and report financial information; and

       (b) any fraud, whether or not material, that involves management or
      other employees who have a significant role in the registrant's internal
      control over financial reporting.


Date:  August 15, 2006    JAMES F. WARSAW
                          James F. Warsaw
                          President and Chief Executive Officer
                          (Principal Executive Officer)
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# Secretary of the Navy Awards Navy Cross to Retired Korean War Veteran 

Press Release

WASHINGTON – Secretary of the Navy (SECNAV) Carlos Del Toro has awarded the Navy Cross to retired Navy Capt. E. Royce Williams for his actions on November 18, 1952.This is an upgrade of the Silver Star Medal previously awarded to then-Lt. Williams on May 7, 1953, for his actions during the Korean War where he led a division of three fighter planes against seven enemy MiG-15s.“Having reviewed the findings of now numerous investigations related to the case of Capt. Royce Williams, I have determined this case to be special and extraordinary,” said Del Toro. “Lt. Williams took the lead of an incredibly critical mission during the Korean War which led to the protection of Task Force 77 from enemy attack. I authorize the Navy Cross be awarded for his valorous actions committed from personal bravery and self-sacrifice to country. His actions clearly distinguished himself during a high-risk mission and deserves proper recognition.”10 U.S.C. 1130 is a provision that allows Service Secretaries consideration of proposals for decorations not previously submitted, or the upgrade of awards.

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Exhibit 32.2






CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with the Annual Report of Pazoo, Inc. (the “Company”) on Form 10-K for the year ended December 31, 2013, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Gregory Jung, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted by the Sarbanes-Oxley Act of 2002, that:




(1)   The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and




(2)   The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.






By:
/s/ Gregory JungChief Financial OfficerMarch 31, 2014







This certification is made solely for purpose of 18 U.S.C. Section 1350, subject to the knowledge standard contained therein, and not for any other purpose.
Exhibit 10.2



| |  |  |  |                        
| |  |  |  | -----------------------
| |  |  |  | Critical Path, Inc.    
| |  |  |  | Two Harrison Street    
| |  |  |  | Second Floor           
| |  |  |  | San Francisco, CA 94105

MEMORANDUM



|      |  |                                                 
|----- |  | ------------------------------------------------
|Date: |  | August 10, 2007                                 
|      | 
|To:   |  | Mark Palomba                                    
|      | 
|From: |  | Michael Plumleigh, General Counsel and Secretary
|      | 
|Re:   |  | Confirmation of Compensation Changes            



On behalf of the Company and the Board of
Directors, I am pleased to confirm the Compensation Committees approval of the following changes to your compensation in recent Committee meetings:

On April 13, 2007, the Compensation Committee approved an increase in your base salary to $325,000.

On July 20, 2007, the Compensation
Committee approved a further increase in your base salary to $375,000, retroactive to June 15, 2007, in connection with your promotion and appointment as Chief Executive Officer. The Committee also approved the following changes to your 2007
incentive compensation plan effective for the second half of 2007: (i) your potential profitability incentive has been increased to $43,750 for each of the final two quarters of 2007 if the Company is profitable for the quarter on an adjusted
EBITDA basis; and (ii) an additional potential incentive bonus of up to $57,500 for achievement by the end of the fiscal year of certain performance objectives to be defined by the Committee. The other performance incentives in your current
compensation plan remain the same.

To the extent necessary, your Agreement is hereby deemed amended, effective as of the date hereof, consistent with the
foregoing. All other provisions of your Agreement remain in full force and effect.

Please acknowledge the foregoing by signing the enclosed copy below and
returning it to the Company. The original is for your records.



|                       |  | 
|---------------------- |  | 
|Acknowledged:         
|/s/ Mark Palomba      
|Mark Palomba          
|Dated: August 11, 2007
IV

106TH CONGRESS

1ST SESSION H. RES. 112

Congratulating the Government and the people of the Republic of El Salvador

on successfully completing free and democratic elections on March 7, 1999.

IN THE HOUSE OF REPRESENTATIVES

MARCH 15, 1999

Mr. GALLEGLY (for himself, Mr. ACKERMAN, Mr. BALLENGER, Ms. ROSLEHTINEN, Mr. DIAZ-BALART, Ms. ROYBAL-ALLARD, and Mr. DAVIS of

Florida) submitted the following resolution; which was referred to the

Committee on International Relations

RESOLUTION

Congratulating the Government and the people of the Republic of El Salvador on successfully completing free and

democratic elections on March 7, 1999.

Whereas on March 7, 1999, the Republic of El Salvador successfully completed its second democratic multiparty elections for President and Vice President since the signing

of the 1992 peace accords;

Whereas these elections were deemed by international and domestic observers to be free and fair and a legitimate nonviolent expression of the will of the people of the Republic

of El Salvador;

Whereas the United States has consistently supported the efforts of the people of El Salvador to consolidate their de-
2

•HRES 112 IH

mocracy and to implement the provisions of the 1992

peace accords;

Whereas these elections demonstrate the strength and diversity of El Salvador’s democratic expression and promote

confidence that all political parties can work cooperatively

at every level of government; and

Whereas these open, fair, and democratic elections of the new

President and Vice President should be broadly commended: Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) congratulates the Government and the peo3 ple of the Republic of El Salvador for the successful

4 completion of democratic multiparty elections held

5 on March 7, 1999, for President and Vice President;

6 (2) congratulates President-elect Francisco

7 Guillermo Flores Perez and Vice President-elect

8 Carlos Quintanilla Schmidt on their recent victory

9 and their continued strong commitment to democ10 racy, national reconciliation, and reconstruction;

11 (3) congratulates El Salvadoran President

12 Armando Caldero ́n Sol for his personal commitment

13 to democracy, which has helped in the building of

14 national unity in the Republic of El Salvador;

15 (4) commends all Salvadoran citizens and politi16 cal parties for their efforts to work together to take

17 risks for democracy and to willfully pursue national
3

•HRES 112 IH

1 reconciliation in order to cement a lasting peace and

2 to strengthen democratic traditions in El Salvador;

3 (5) supports Salvadoran attempts to continue

4 their cooperation in order to ensure democracy, na5 tional reconciliation, and economic prosperity; and

6 (6) reaffirms that the United States is un7 equivocally committed to encouraging democracy and

8 peaceful development throughout Central America.

Æ
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# USS John Finn Joins Task Force 71 in Japan

By Lt.Cmdr. Joseph Keiley Commander, Task Force 71/Destroyer Squadron 15

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INDOPACOM
[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Notices]
[Page 9039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3429]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3317-EM; Docket ID FEMA-2011-0001]


Missouri; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends the notice of an emergency declaration for 
the State of Missouri (FEMA-3317-EM), dated February 3, 2011, and 
related determinations.

DATES: Effective Date: February 5, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-3886.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident 
period for this emergency is closed effective February 5, 2011.

    The following Catalog of Federal Domestic Assistance Numbers 
(CFDA) are to be used for reporting and drawing funds: 97.030, 
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster 
Unemployment Assistance (DUA); 97.046, Fire Management Assistance 
Grant; 97.048, Disaster Housing Assistance to Individuals and 
Households In Presidentially Declared Disaster Areas; 97.049, 
Presidentially Declared Disaster Assistance--Disaster Housing 
Operations for Individuals and Households; 97.050, Presidentially 
Declared Disaster Assistance to Individuals and Households--Other 
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially 
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-3429 Filed 2-15-11; 8:45 am]
BILLING CODE 9111-23-P
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7604
AHMED MALACHI ABDEL-AZIZ, Petitioner - Appellant, versus PATRICIA R. STANSBERRY, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Dever, III, District Judge. (5:06-hc-02140-D; 7:00-cr-00075-F) Submitted: December 21, 2006 Decided: January 4, 2007 Before NIEMEYER, WILLIAMS, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Ahmed Malachi Abdel-Aziz, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Ahmed Malachi Abdel-Aziz, a state prisoner, appeals the district court’s order denying relief on his 28 U.S.C. § 2241 (2000) petition. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Abdel-Aziz v. Stansberry , Nos. 05:06-hc02140-D; 7:00-cr-00075-F (E.D.N.C. Sept. 7, 2006). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
#### § 115.404 What information will be provided in a minor's statement of performance?

A minor's statement of performance will identify the source, type, and status of the funds deposited and held in the account; the beginning balance; the gains and losses; receipts and disbursements, if any; and the ending balance of the quarterly statement period for the minor's supervised account.
EXHIBIT 32.1





CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350 (AS ADOPTED


PURSUANT
TO SECTION 906 OF THE


SARBANES-OXLEY
ACT OF 2002)





In
connection with the Quarterly report of General Metals Corporation (the
“Company”) on Form 10-Q for the period ended October 31, 2009, as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
I, Stephen Parent, President and Chief Executive Officer, certify to my
knowledge and in my capacity as an officer of the Company, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that:





1.
            The
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934, as amended;
  and,





2.
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the Company
      as of the dates and for the periods expressed in the
    Report.





Date:  December 21,
2009





/s/ Stephen
      ParentStephen
      ParentPresident
      and Chief Executive Officer
              (Principal
      Executive Officer)







The
foregoing certification is provided solely for purposes of complying with the
provisions of Section 906 of the Sarbanes-Oxley Act of 2002.
### Geomorphology and forest ecology of a mountain region in the central Appalachians

By: John Tilton HackJohn C. Goodlett

                            https://doi.org/10.3133/pp347

#### Links

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- Plate:  **Plate 1**                            (pdf)
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

#### Study Area

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
#### § 1000.138 How are indirect cost rates determined?

The Department's Office of the Inspector General (OIG) or other cognizant Federal agency and the Tribe/Consortium negotiate indirect cost rates. These rates are based on the provisions of the Office of Management and Budget (OMB) Circular A-87 or other applicable OMB cost circular and the provisions of Title I of Pub. L. 93-638 (See § 1000.142). These rates are used generally by all Federal agencies for contracts and grants with the Tribe/Consortium, including self-governance agreements.