alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John Welch, Respondent, v. Albert Welch, Appellant.

Motion granted, on condition that the parties agree that -the bonds be deposited pending the action in escrow with some person or corporation to be chosen by them within five days, in default of which an undertaking to be approved by a justice of this *928court must be given; otherwise motion denied, with ten dollars costs. Present — Woodward, Jenks, Hooker, Rich and Miller, JJ.
#### In the Matter of Jason Reid, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, et al., Respondents.

[823 NYS2d 316]

Proceeding pursuant to CPLR article 78 (transferred to this *955Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

During an authorized mail watch, correction officials confiscated two letters sent by petitioner to his mother in which he requested her to bring drugs to the prison. As a result, he was charged in a misbehavior report with smuggling and conspiring to introduce drugs into the correctional facility. Following a tier III disciplinary hearing, he was found guilty of both charges. The determination of guilt was affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the testimony taken at the hearing as well as the confidential testimony considered by the Hearing Officer in camera, establish that petitioner sought to introduce drugs into the prison through letters to his mother and support the determination finding him guilty of the charges at issue *(see Matter of Vizcaino v Selsky,*26 AD3d 574, 574 [2006], *lv denied*7 NY3d 708 [2006]; *Matter of Santana v Selsky,*23 AD3d 722, 723 [2005]). While petitioner’s mother testified that the code words used in the letters did not refer to narcotics, this presented a credibility issue for the Hearing Officer to resolve *(see Matter of Williams v Goord,*23 AD3d 872, 872 [2005]). Petitioner’s claim of hearing officer bias is unpreserved due to his failure to raise it at the hearing and, in any event, it is without merit as the record does not indicate that the determination flowed from any alleged bias *(see Matter of Shicon v Goord,*27 AD3d 811, 812 [2006]). Petitioner’s remaining contentions, to the extent they are properly before us, have been considered and found to be unavailing.

Cardona, PJ., Crew III, Spain, Mugglin and Lahtinen, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Pension Benefit Guaranty Corporation 

81-33 

September 22, 1981 

REFERENCE: 

 [*1] 4203 Complete Withdrawal 

OPINION: 

 This is in response to your letter requesting an opinion concerning the application of the special withdrawal liability

rule for the building and construction industry under the Employee Retirement Income Security Act, as amended by the

Multimeployer Pension Plan Amendments Act of 1980 ("ERISA"). Specifically, you have asked whether certain

activities of the * * * and the * * * are eligible for this rule. 

Under section 4203 of ERISA, a construction industry employer incurs withdrawal liability only when it is no longer

obligated to contribute under the plan, and "continues to perform work in the jurisdiction of the collective bargaining

agreement of the type for which contributions were previously required, or resumes such work in that area within five

years after the date on which the obligation to contribute under the plan ceases. In addition, the section 4203 construction

industry provision applies only if "substantially all the employees with respect to whom an employer has an obligation

to contribute under the plan work in the building and construction industry, and the plan primarily covers employees in

the building and construction industry." 

ERISA [*2] does not specifically define those activities that are included within the term "building and construction

industry". The House report on the Multiemployer Act does indicate that, in applying this special rule, the term should

be "given the same meaning as has developed in administration of the Taft-Hartley Act." H.R. REPT. No. 96-869, Part

I 76 (April 2, 1980). 

Accordingly, if the activities of * * * or * * * are encompassed by the term "building and construction industry"

under Taft-Hartley Act, then they would be similarly treated under ERISA. 

 We hope this information will be useful to you. Should further questions arise, please contact us. 

Henry Rose 

General Counsel
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          24,718
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                24,718
<PP&E>                                           1,500
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  26,218
<CURRENT-LIABILITIES>                            3,750
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        51,394
<OTHER-SE>                                    (28,926)
<TOTAL-LIABILITY-AND-EQUITY>                    26,218
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                   15,282
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (15,282)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (15,282)
<EPS-BASIC>                                     (0.00)
<EPS-DILUTED>                                   (0.00)


</TABLE>
&,<€QUNITEDSTATESENVIRONMENTAL PROTECTIONAGENCYREGIONIll1650ArchStreetPhiladelphia, Pennsylvania19103-2029HonorableJohnA.Hughes,SecretaryDelaware DepartmentofNaturalResourcesandEnvironmental Control89Kings HighwayDover,Delaware 19901DearSecretaryHughes:On March12,2008,theU.S.EnvironmentalProtection Agency(EPA) revisedthenational ambient airquality standards(NAAQS)forozonetoprovideincreased protectionofpublic healthandwelfarefromozonepollution.Thenewprimary ozonestandardwasloweredfrom0.08parts permillion(ppm) to0.075 ppm based onnumerousepidemiologicalstudiesconducted duringthe pastdecadeinwhichmanyof the health effectsassociated withozoneexposurehavebeen demonstratedat andbelow the levelofthe0.08 ppmstandard,whichwaspromulgatedin 1997. These include a range ofseriousrespiratory effectsandincreasedprematuremortality. EPAalso strengthenedthesecondary8-hour ozonestandard, makingitidentical totherevisedprimary standard,to protect againstwelfareeffectssuchasimpactsonvegetationandforested ecosystems.Withinoneyearofpromulgationof aneworrevised NAAQS, section107(d)(l)(A)oftheCleanAirActrequires theGovernorofeachstatetosubmittoEPAa listof allareas in thestate,recommendingdesignations foreachas"attainment,""nonattainment,"or"unclassifiable"with respect totheneworrevisedstandard.Therefore,EPAasksthatyouprovide yourdesignationrecommendations, includingappropriate areaboundaries,toEPAbyMarch12,2009with respect totherevisedozoneNAAQS. Establishingarea designationsisakey stepin theprocessof providing the health protectionsthatthe CleanAir Actmandates.Areasthataredesignatedasnotattaining the air qualitystandards willberequiredto adopt plans to reduceambientconcentrations of ozone.Theenclosed memorandum provides guidancetostate and local airpollution controlagenciesandTribesontheprocessfordesignating areasunderthe2008 revised ozone standard.EPAplans to announce our intendeddesignationsasearlyas possibleafter receiptofyourrecommendations,butnolaterthan120days prior topromulgatingfinal designations.Followingtheannouncementofintended designations,statesandTribeswill havetheopportunity to commenton any modificationsEPAproposes totheirrecommendations.Inaccordance withsection107(d)(l)(B)of theClean AirAct,we intendtoissuefinaldesignationsbyMarch12,2010 (althoughthatdeadline may beextended upto oneadditional yearifEPAdetermines that insufficientinformation isavailabletoestablish designations bythat date). Ourdesignations willbebasedon the mostrecentthreeyearsofcertified, qualityassured monitoringdata available.Ozone nonattainment areaswillbeclassifiedat the timeofdesignation.TheapproachEPAwillusetoclassifynonattainment areas underthe2008 revised ozoneNAAQSwillbeestablished througha separatenotice-and-commentrulemaking.EPAlooksforwardtoworkingwithyouandyourstaffto developarea designationsunderthe2008revisedozone standards in atimelymanner. Asalways,please feelfreetocontactmeorMs.JudithKatz, Region111'sAir ProtectionDivision Director,at215-814-2654ifadditionalinformation isneeded.Sincerely,DonaldS.WelshRegional AdministratorEnclosurecc:Mr.AliMirzakhalili,ProgramAdministratorAir QualityManagementSectionDelaware DepartmentofNaturalResourcesandEnvironmental Control
10-Q

----

|   | (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 Issuer. |
|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                |   |   |                                     |   |
|-----------------------------------------------------|--------|--------|------------------------------------------|--------|
| /s/ Richard E. Dauch                                |   |   | /s/  Michael K. Simonte             |   |
| Richard E. Dauch                                    |   |   | Michael K. Simonte                       |   |
| Co-Founder, Chairman of the Board &   |   |   | Executive Vice President - Finance & |   |
| Chief Executive Officer              |   |   | Chief Financial Officer                  |   |
| July 30, 2010                                       |   |   | July 30, 2010                            |   |
### [§§2411, 2412. Repealed. Pub. L. 116–283, div. A, title XVIII, §1872(b)(1), Jan. 1, 2021, 134 Stat. 4289]

Section 2411, added Pub. L. 98–525, title XII, §1241(a)(1), Oct. 19, 1984, 98 Stat. 2605; amended Pub. L. 99–145, title IX, §919(a), Nov. 8, 1985, 99 Stat. 691; Pub. L. 99–500, §101(c) [title X, §956(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–174, and Pub. L. 99–591, §101(c) [title X, §956(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–174; Pub. L. 99–661, div. A, title IX, formerly title IV, §956(a), Nov. 14, 1986, 100 Stat. 3954, renumbered title IX, Pub. L. 100–26, §3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–180, div. A, title VIII, §807(b), Dec. 4, 1987, 101 Stat. 1128; Pub. L. 100–456, div. A, title VIII, §841(b)(2), Sept. 29, 1988, 102 Stat. 2025; Pub. L. 101–189, div. A, title VIII, §853(e), Nov. 29, 1989, 103 Stat. 1519; Pub. L. 102–25, title VII, §701(j)(5), Apr. 6, 1991, 105 Stat. 116; Pub. L. 102–484, div. A, title X, §1052(31), Oct. 23, 1992, 106 Stat. 2501; Pub. L. 115–91, div. A, title X, §1081(a)(36), Dec. 12, 2017, 131 Stat. 1596; Pub. L. 116–92, div. A, title VIII, §852(a), Dec. 20, 2019, 133 Stat. 1511; Pub. L. 116–283, div. A, title XVIII, §1872(a)(2), Jan. 1, 2021, 134 Stat. 4288; Pub. L. 117–81, div. A, title XVII, §1701(m)(1)(A), (B), Dec. 27, 2021, 135 Stat. 2144, provided definitions for this chapter. See section 4951 of this title.

Section 2412, added Pub. L. 98–525, title XII, §1241(a)(1), Oct. 19, 1984, 98 Stat. 2605; amended Pub. L. 99–145, title IX, §919(a), Nov. 8, 1985, 99 Stat. 692; Pub. L. 116–283, div. A, title XVIII, §1872(a)(3), Jan. 1, 2021, 134 Stat. 4287; Pub. L. 117–81, div. A, title XVII, §1701(m)(1)(A), (B), Dec. 27, 2021, 135 Stat. 2144, defined the purposes of the program authorized by this chapter. See section 4952 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of Repeal

Repeal effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
#### The People of the State of New York, Respondent, v William Jackson, Appellant.

[823 NYS2d 917]

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated July 5, 2006 *{People v Jackson,*31 AD3d 466 [2006]), affirming a judgment of the Supreme Court, Queens County, rendered August 26, 2004.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel *(see Jones v Barnes,*463 US 745 [1983]; *People v Stultz,*2 NY3d 277 [2004]). Crane, J.P., Mastro, Skelos and Dillon, JJ., concur.
###### Editorial Note on Part 900

#### Editorial Note:

Nomenclature changes to part 900 appear at 67 FR 34602, May 15, 2002.

#### § 900.55 What are the standards for inventories?

A physical inventory should be conducted at least once every 2 years. The results of the inventory shall be reconciled with the Indian tribe or tribal organization's internal property and accounting records.
ANFAVEA - Associação Nacional dos Fabricantes de Veículos AutomotoresAssessoria de Planejamento Econômico e EstatísticoIndústria Automobilística Brasileira - Empresas 

Tabela 11 - Vendas Atacado Mercado Interno por Tipo e Combustível - 2009

Janeiro Fevereiro Março Abril Maio Junho Julho Agosto Setembro Outubro TOTAL

TOTAL GERAL 189,174 204,550 274,026 238,475 261,485 291,452 278,447 288,418 305,312 303,145 2,634,484

1. AUTOMÓVEIS Total 145,786 160,272 216,327 190,041 209,074 230,612 224,607 229,192 242,433 239,593 2,087,937

GASOLINA 8,263 6,849 8,270 6,749 8,720 10,756 8,839 9,397 13,326 8,343 89,512

FLEX FUEL 137,523 153,423 208,057 183,292 200,354 219,856 215,768 219,795 229,107 231,250 1,998,425

2. COMERCIAIS LEVES Total 35,022 35,340 46,382 38,379 41,725 48,496 43,216 47,072 49,672 48,942 434,246

GASOLINA 7,473 5,749 10,779 7,602 7,444 8,123 6,758 7,625 10,375 7,350 79,278

FLEX FUEL 20,450 21,372 24,219 20,925 23,784 27,321 24,831 27,281 24,564 29,537 244,284

DIESEL 7,099 8,219 11,384 9,852 10,497 13,052 11,627 12,166 14,733 12,055 110,684

3. CAMINHÕES Total 6,669 7,137 9,389 8,171 8,531 10,094 8,684 9,740 11,044 12,381 91,840

DIESEL 6,669 7,137 9,389 8,171 8,531 10,094 8,684 9,740 11,044 12,381 91,840

4. ÔNIBUSTotal 1,697 1,801 1,928 1,884 2,155 2,250 1,940 2,414 2,163 2,229 20,461

DIESEL 1,697 1,801 1,928 1,884 2,155 2,250 1,940 2,414 2,163 2,229 20,461

Janeiro Fevereiro Março Abril Maio Junho Julho Agosto Setembro Outubro TOTAL

GASOLINA 15,736 12,598 19,049 14,351 16,164 18,879 15,597 17,022 23,701 15,693 168,790 0.064069

FLEX FUEL 157,973 174,795 232,276 204,217 224,138 247,177 240,599 247,076 253,671 260,787 2,242,709 0.85129

DIESEL 15,465 17,157 22,701 19,907 21,183 25,396 22,251 24,320 27,940 26,665 222,985

TOTAL GERAL189,174 204,550 274,026 238,475 261,485 291,452 278,447 288,418 305,312 303,145 2,634,484

1
as Associadas
English Translation of Agreement



 Exhibit 10.24 
 English Translation 
 AGREEMENT 
 Yuhuan Solar Energy Source Co., Ltd. (“Yuhuan”) 
 Zhejiang Yuhuan Solar Energy Source Co., Ltd.
(“Zhejiang Yuhuan”) 
 Zhejiang Yuhui Solar Energy Source Co., Ltd. (“Yuhui”) 
 This Agreement is entered into by and among Zhejiang Yuhuan, Yuhui and Yuhuan through friendly negotiation with respect to the settlement of account to the date of
May 31, 2006: 
  

	1.	Since Yuhuan owes RMB 2,100,000 to Yuhui and Yuhui owes RMB 800,000 to Yuhuan, it is agreed by Yuhuan and Yuhui that the net balance of such debt shall be RMB 1,300,000 after
set-off of debts; 

  

	2.	Yuhui owes RMB 6,320,226.13 to Zhejiang Yuhuan as a price for purchasing houses; 

  

	3.	It is agreed by all parties that Yuhui will assign its creditor’s right of RMB 1,300,000 against Yuhuan to Zhejiang Yuhuan, which shall be used to discharge some of the price
for purchasing houses owing to Zhejiang Yuhuan; 

  

	4.	Upon execution of this Agreement, all parties shall make adjustment to their accounts respectively in accordance with the terms and conditions of this Agreement as follows:


  

	(1)	The receivables and payables between Yuhuan and Yuhui as mentioned in Article 1 above have been completely settled. 

  

	(2)	Yuhui still owes to Zhejiang Yuhuan a sum of RMB 5,020,226.13 as the price for purchasing houses, and Yuhui agrees to pay the remaining amount before the due date as specified in
the Contract for Transfer of Real Estate and Land signed by Yuhui and Zhejiang Yuhuan; 

  

	(3)	The amount owed by Yuhuan to Zhejiang Yuhuan increases RMB 1,300,000. 

  

	
	 Yuhuan Solar Energy Source Co., Ltd. (Seal)

	
	 Authorized Representative:










	
	 Zhejiang Yuhuan Solar Energy Source Co., Ltd. (Seal)

	
	 Authorized Representative:

	
	 Zhejiang Yuhui Solar Energy Source Co., Ltd. (Seal)

	
	 Authorized Representative:


 May 31, 2006
# C_2006230EN.01004801.xml

| 23.9.2006 | EN | Official Journal of the European Union | C 230/48 |
| --- | --- | --- | --- |

23.9.2006

EN

Official Journal of the European Union

C 230/48

---

Publication of the final accounts for the financial year 2005

(2006/C 230/10)

The complete version of the final accounts may be found at the following address:

http://www.eda.europa.eu/finance

---
§ 81.33 How does the Secretarial Election Board respond to challenges? All challenges must be resolved by close of business on the third day after the date of the challenge deadline established by the Secretarial Election Board and all determinations of the Secretarial Election Board are final for the purpose of determining who can vote in the Secretarial election. ( a ) If the challenge was received after the deadline, the Secretarial Election Board must deny the challenge.
( b ) If the challenge was received on or before the deadline, the Secretarial Election Board will decide the challenge by reviewing the documentation submitted. Thereafter, the Secretarial Election Board will include the name of any individual whose name should appear or remove the name of any individual who should not appear on the Registered Voters List.
Exhibit 32.2

Certification Pursuant to

18 U.S.C. Section 1350,

as added by

Section 906 of the
Sarbanes-Oxley Act of 2002

In connection with the quarterly report of Pulaski Financial Corp. (the Company) on Form 10-Q
for the period ended March 31, 2009, as filed with the Securities and Exchange Commission (the Report), I, Paul J. Milano, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as added by § 906 of
the Sarbanes-Oxley Act of 2002, that:



|1. | The Report fully complies with the requirement 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 as of and for the period covered
by the Report.
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |  |  |                                                    
|----------------- |  |  |  | ---------------------------------------------------
|                  |  | 
|Date: May 8, 2009 |  |  |  | /s/ Paul J. Milano                                 
|                  |  |  |  | Name: Paul J. Milano Title: Chief Financial
Officer
§ 585.8 What is the process for pursuing settlement in an appeal to the Commission? ( a ) *General.* At any time after the commencement of a proceeding, but before the date scheduled for the Commission to issue a final decision under § 585.7, the parties may jointly move to stay the proceeding for a reasonable time to permit negotiation of a settlement or an agreement disposing of the whole or any part of the proceeding.
( b ) *Content.* Any agreement disposing of the whole or any part of a proceeding shall also provide: ( 1 ) A waiver of any further proceedings before the Commission regarding the specific matter(s) settled under the agreement; and
( 2 ) That the agreement shall constitute dismissal of the appeal of the specific matter(s) settled, a final order of the Commission, and final agency action.
( c ) *Submission.* Before the expiration of the time granted for negotiations, the parties or their authorized representatives may: ( 1 ) Notify the Commission that the parties have reached a full or partial settlement and have agreed to dismissal of all or part of the action, subject to compliance with the terms of the settlement agreement; or
( 2 ) Inform the Commission that an agreement cannot be reached.
( d ) *Disposition.* If the parties enter into a full or partial settlement agreement, it shall constitute: full or partial dismissal of the appeal, as applicable; a final order of the Commission; and final agency action.
[87 FR 76929, Dec. 16, 2022]
###### Editorial Note on Part 900

#### Editorial Note:

Nomenclature changes to part 900 appear at 67 FR 34602, May 15, 2002.

#### § 900.255 What obligation does the Indian tribe or tribal organization have with respect to returning property that was used in the operation of the rescinded contract?

On the effective date of any rescission, the Indian tribe or tribal organization shall, at the request of the Secretary, deliver to the Secretary all property and equipment provided under the contract which has a per item current fair market value, less the cost of improvements borne by the Indian tribe or tribal organization, in excess of $5,000 at the time of the retrocession.
§ 63.10 Purpose. The purpose of this part is to establish: ( a ) Procedures for determining suitability for employment and efficiency of service as mandated by the Indian Child Protection and Family Violence Prevention Act; and
( b ) *Minimum standards of character* to ensure that individuals having regular contact with or control over Indian children have not been convicted of certain types of crimes or acted in a manner that placed others at risk or raised questions about their trustworthiness.