alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### 599 Ralph Avenue Development, LLC, Respondent, v 799 Sterling Inc., Appellant.

[825 NYS2d 129]

In an action, inter alia, for a judgment declaring the plaintiff to be the owner of certain real property, the defendant appeals from a judgment of the Supreme Court, Kings County (Rosenberg, J.), dated December 19, 2005, which, upon an order of the same court dated July 8, 2005, granting the plaintiffs motion for leave to enter a judgment upon the defendant’s failure to appear or answer and denying the defendant’s cross motion to compel the plaintiff to accept its verified answer, is in favor of the plaintiff and against it.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted the plaintiffs motion for leave to enter judgment against the defendant upon the plaintiffs submissions of proof of service of the summons and complaint, a factually-detailed verified complaint, and an affirmation from its attorney regarding the defendant’s default in appearing and answering *(see*CPLR 3215 [f]; *Giovanelli v Rivera,*23 AD3d 616 [2005]). The defendant’s contention that it was not properly served pursuant to CPLR 311 (a) (1) was not raised in opposition to the plaintiffs motion and therefore, may not be considered for the first time on appeal *(see Matter of Lewin v Lewin,*124 AD2d 730, 731 [1986]).

The Supreme Court providently exercised its discretion , in denying the defendant’s cross motion to compel the plaintiff to apcept its answer since the defendant failed to proffer a reasonable excuse for its default and a potentially meritorious defense *(see*CPLR 3012 [d]; *Elite Limousine Plus v Allcity Ins. Co.,*266 AD2d 259 [1999]; *Gurreri v Village of Briarcliff Manor,*249 AD2d 508 [1998]). Contrary to the defendant’s contention, the answer was due more than one month before the date it was actually served *(see*CPLR 320 [a]). Furthermore, the defendant’s verified answer failed to assert any facts sufficient to establish the existence of a potentially meritorious defense *(see McCaskill v City of New York,*192 AD2d 647 [1993]; *Vierya v Briggs & Stratton Corp.,*166 AD2d 645, 646 [1990]; *Stewart v Warren,*134 AD2d 585 [1987]). Miller, J.P., Santucci, Goldstein, Skelos and Lunn, JJ., concur.
### §355a. Laws applicable to added lands

The provisions of the Act of August 25, 1916, entitled "An Act to establish a national park service, and for other purposes," 1 and the Act of February 26, 1917, entitled "An Act to establish the Mount McKinley National Park, in the Territory of Alaska," [16 U.S.C. 347 et seq.] together with all Acts supplementary to and amendatory of said Acts are made applicable to and extended over the lands added to the park by section 355 of this title.

(Mar. 19, 1932, ch. 88, §2, 47 Stat. 69.)

#### **Editorial Notes**

#### References in Text

The Act of August 25, 1916, entitled "An Act to establish a national park service, and for other purposes,", referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

The Act of February 26, 1917, entitled "An Act to establish the Mount McKinley National Park, in the Territory of Alaska,", referred to in text, is act Feb. 26, 1917, ch. 121, 39 Stat. 938, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Tables.

Section 355 of this title, referred to in text, was in the original referred to by the word "hereby", meaning section 1 of act Mar. 19, 1932, ch. 88, 47 Stat. 68, which is classified to section 355 of this title.

#### Codification

Section was not enacted as part of act Feb. 26, 1917, ch. 121, 39 Stat. 938, which comprises this subchapter.

1 See References in Text note below.
#### Agnes V. Hoagland, Respondent, v. The City of New York, Appellant.

— Judgment and order unanimously affirmed, with costs. Ho opinion. Present — Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ.
#### § 42.415 Federal agency title VI enforcement plan.

Each federal agency subject to title VI shall develop a written plan for enforcement which sets out its priorities and procedures. This plan shall be available to the public and shall address matters such as the method for selecting recipients for compliance reviews, the establishment of timetables and controls for such reviews, the procedure for handling complaints, the allocation of its staff to different compliance functions, the development of guidelines, the determination as to when guidelines are not appropriate, and the provision of civil rights training for its staff.
### §410iiii–2. Establishment of the Civil Rights in Education: Brown v. Board of Education National Historical Park

#### (a) In general

There is hereby established as a unit of the National Park System the Brown v. Board of Education National Historical Park in the State of Kansas.

#### (b) Description

The historical park shall consist of the Monroe Elementary School site in the city of Topeka, Shawnee County, Kansas, as generally depicted on a map entitled "Brown v. Board of Education National Historic Site," numbered Appendix A and dated June 1992. Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

#### (c) Boundary adjustment

#### (1) Additions

In addition to the land described in subsection (b), the historical park shall include the land and interests in land, as generally depicted on the map entitled "Brown v. Board of Education National Historical Park Boundary Additions and Affiliated Areas", numbered 462/178,449, and dated February 2022, and more particularly described as—

(A) the Summerton High School site in Summerton, Clarendon County, South Carolina;

(B) the former Scott's Branch High School site in Summerton, Clarendon County, South Carolina; and

(C) approximately 1 acre of land adjacent to Monroe Elementary School in Topeka, Shawnee County, Kansas.

#### (2) Map

The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(Pub. L. 102–525, title I, §103, Oct. 26, 1992, 106 Stat. 3439; Pub. L. 117–123, §§2(c)(2)–(4), 3(e), May 12, 2022, 136 Stat. 1196, 1198.)

#### **Editorial Notes**

#### Amendments

2022—Pub. L. 117–123, §2(c)(3), substituted "Historical Park" for "Historic Site" in section catchline.

Subsec. (a). Pub. L. 117–123, §2(c)(2), substituted "National Historical Park" for "National Historic Site".

Subsec. (b). Pub. L. 117–123, §2(c)(4), substituted "historical park" for "historic site".

Subsec. (c). Pub. L. 117–123, §3(e), added subsec. (c).
### Martin , Michae l (OST ) From : Fran k Ber n i s [fbemis@bemisrossignol.com ] > --np'TATirv Sent : IVIonday , January23 , 201 2 4:3 9 P M ;^^y',.^^!^L'^; ' ^ To : EAS(OST ) .v : i'J^r:nA l iUri b Cc : scottw@flypresqueisle.co m Subject : Norther n Main e Regiona l AirportVA ] f^ R - 9 Ain.cc ; Dea rSir/Madam , I a m writin g i n suppor t o fth e airpor t i n Presqu e Isle . I us e th e airpor tregularl yfo rpersona l trips . I n th e las ttw o years , m ywif e an d I fle wt o California , La s Vegas , Boston , Ne wYor k an d Washington , DC . Th e ke yissue s fo rou rus e o fth e airpor t ar e fare s an d connection s (includin g termina l connections) . I fth e far e i s a tal l competitiv e wit h othe rairport s an d w e the n w e wil l alway s us e PQI . To ou rfamily , i tdoesn' tmatte rwhethe rBosto n o rth e Ne wYor k are a i s th e termina l o fchoic e fo rflight s ou t o fPresqu e isle . Fro m m ypersona l experienc e an d fro m m yservic e o n th e Presqu e Isl e Industria l Counci l an d th e Lorin g Developmen t Authorit yI ca n attes t tha t th e Norther n Main e Regiona l Airpor ti s a n economi clifelin e t o th e peopl e o fPresqu e Isl e an d al l o fAroostoo k

County . Anythin g tha t ca n b e don e t o retai n o rimprov e servic e t o thi s are a wil l b e greatl yappreciated . Franci s E . Bemis , Esq . Bemi s & Rossignol , LL C 45 4 Mai n Stree t Presqu e Isle , M E 04769 (207)764-291 0 offic e (207)764-453 2 fa x PRIVILES E AN D CONFIDENTIALIT YNOTIC E Thi s informatio n i n thi s e-mai l I s intende d fo rth e addresse d recipien tONLY . Thi s e-mai l contain s privilege d an d confidentia l material . I fyo u hav e receive d thi s e-mai l I n error , pleas e notif yth e sende r immediat e b yreplyin g t o thi s e-mai l o rb ytelephone . Pleas e D O NO Tdisclos e th e content s o fthi s e mal l t o anyone . Than k you .
### §7422. No regulatory authority

Nothing in this chapter shall be construed to confer any regulatory authority on any Federal, State, tribal, or local department or agency.

(Pub. L. 113–274, §3, Dec. 18, 2014, 128 Stat. 2972.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 113–274, Dec. 18, 2014, 128 Stat. 2971, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7421 of this title and Tables.
Case 16-30160-KLP Doc 11 Filed 02/29/16 Entered 02/29/16 12:09:54 Desc MainDocument Page 1 of 10Case 16-30160-KLP Doc 11 Filed 02/29/16 Entered 02/29/16 12:09:54 Desc MainDocument Page 2 of 10Case 16-30160-KLP Doc 11 Filed 02/29/16 Entered 02/29/16 12:09:54 Desc MainDocument Page 3 of 10Case 16-30160-KLP Doc 11 Filed 02/29/16 Entered 02/29/16 12:09:54 Desc MainDocument Page 4 of 10Case 16-30160-KLP Doc 11 Filed 02/29/16 Entered 02/29/16 12:09:54 Desc MainDocument Page 5 of 10Case 16-30160-KLP Doc 11 Filed 02/29/16 Entered 02/29/16 12:09:54 Desc MainDocument Page 6 of 10Case 16-30160-KLP Doc 11 Filed 02/29/16 Entered 02/29/16 12:09:54 Desc MainDocument Page 7 of 10Case 16-30160-KLP Doc 11 Filed 02/29/16 Entered 02/29/16 12:09:54 Desc MainDocument Page 8 of 10Case 16-30160-KLP Doc 11 Filed 02/29/16 Entered 02/29/16 12:09:54 Desc MainDocument Page 9 of 10Case 16-30160-KLP Doc 11 Filed 02/29/16 Entered 02/29/16 12:09:54 Desc MainDocument Page 10 of 10
#### In the Matter of the Claim of Paul J. Firenze, Appellant, v Mayflower Van Lines, Respondent. Workers’ Compensation Board, Respondent.

[823 NYS2d 611]

Rose, J.

Appeal from a decision of the Workers’ Compensation Board, filed November 10, 2004, which ruled that claimant’s application for workers’ compensation benefits was time-barred.

The sole issue presented on this appeal by claimant is whether his application for workers’ compensation benefits was barred by Workers’ Compensation Law § 28. We agree with the Workers’ Compensation Board that it was.

A workers’ compensation claim that is not filed within two years of the date of the accident is untimely unless the employer’s workers’ compensation carrier has made advance payment to the claimant in acknowledgment of liability *(see*Workers’ Compensation Law § 28; *Matter of Marker v Bell Atl.,*5 AD3d 818, 819 [2004]; *Matter of Petitt v Eaton & Van Winkle,*5 AD3d 822, 823 [2004]). Here, it is undisputed that claimant failed to file his claim within the requisite two-year period of time. Although various third-party administrators for the insurance company that provided workers’ compensation coverage to his employer did make advance payments to claimant, we find that substantial evidence in the record supports the Board’s decision that said payments were not made in recognition of workers’ compensation liability. Rather, as a third-party administrator indicated in correspondence to claimant’s treating chiropractor, the payments were made to claimant under an occupational accident policy as the matter was not considered a workers’ compensation case. Moreover, claimant’s chiropractor advised that he was never directed by the third-party administrators to submit any workers’ compensation documents in connection with his treatment of claimant. Accordingly, despite the existence of record evidence which could lead to a contrary conclusion, we affirm the Board’s decision *(see Matter of Walker v TNT Red Star Express,*25 AD3d 945, 946-947 [2006]; *Matter of Marques v Salgado,*12 AD3d 817, 819 [2004]).

Cardona, EJ., Spain, Carpinello and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.
San loaqu¡n Valley k!

ArR PflrruTrflil c0t{ïR0t 0tsTRtcT HEALTHY AIR LIVING"

September 25,2013

Mr. Richard Corey

Executive Officer

California Air Resources Board

1001 "1" Street

P.O. Box 2815

Sacramento, CA 95812

Dear Mr. Corey:

Enclosed is the State lmplementation Plan (SlP) Package for the San Joaquin

Valley Unified Air Pollution Control District (District) 2013 Plan for the Revoked 1-

Hour Ozone Standard. The District Governing Board adopted the 2013 PIan for

the Revoked 1-Hour Ozone Standard at a public hearing held on September 1 9,

2013. We request that the California Air Resources Board (ARB) transmit this

plan and the appropriate documentation to the United States Environmental

Protection Agency (EPA) as a SIP revision.

lncluded in this SIP Package are the following attachments:

1. ARB SIP Completeness Checklist

2. The 2013 Plan for the Revoked 1-Hour Ozone Standard with Appendices

3. Governing Board Resolution Adopting the 2013 Plan for the Revoked 1-Hour

Ozone Standard

4. Governing Board Memo

lf you have any questions regarding this plan, please contact Anna Myers at

Anna.Myers@vallevair.orq or Jessica Fierro at Jessica.Fierro@valleyair.oro or at

(559) 230-5800. The District thanks you and your staff for your assistance.

Since

Samir

r of Strategies and lncentives

Attachments

cc: S. Vanderspek
EXHIBIT 32.2
                                CFO CERTIFICATION



                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and
in connection with the Annual Report on Form 10-K/A Amendment No. 1 of
John H. Harland Company (the "Company") for the period ended December
31, 2003, as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), the undersigned, Senior Vice President and
Chief Financial Officer of the Company, certifies 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.




/s/ Charles B. Carden                         March 12, 2004
------------------------------                -------------------------
Charles B. Carden                             Date
Senior Vice President and
Chief Financial Officer
<PAGE>
 
                                                                   Exhibit 10.68

                           OMNIBUS AMENDMENT 1997-1

       WHEREAS, Great Western Financial Corporation ("GWFC") maintains the
following plans, trusts and agreements for the benefit of its employees and/or
directors (collectively, the "Plans"):

   .   Employment Agreements, amended and restated as of December 10, 1996:
       .  John F. Maher
       .  J. Lance Erikson
       .  Carl F. Geuther
       .  Michael M. Pappas
       .  A. William Schenck III
       .  Jaynie M. Studenmund

       .  Employment Agreement with Ray W. Sims, effective as of January 6, 1997

   .   GWFC 1988 Stock Option and Incentive Plan, as amended through December
       10, 1996

   .   GWFC Annual Incentive Compensation Plan for Executive Officers, as
       amended December 9, 1996 (the "Annual Incentive Plan")

   .   GWFC Senior Officers' Deferred Compensation Plan (1992 Restatement), as
       amended December 10, 1996

   .   GWFC Deferred Compensation Plan (1992 Restatement), as amended December
       10, 1996

   .   GWFC Directors' Deferred Compensation Plan (1992 Restatement), as amended
       December 10, 1996

   .   Great Western Supplemental Executive Retirement Plan (1988 Restatement),
       as amended through December 10, 1996

   .   Great Western Retirement Restoration Plan, as amended December 10, 1996
<PAGE>
 

 .  GWFC Umbrella Trust for Senior Officers (as amended through December 10,
   1996) and Umbrella Trust for Directors (as amended through December 10,
   1996)

 .  Employee Home Loan Program (revised and restated as of April 27, 1993), as
   amended December 10, 1996

 .  GWFC Special Severance Plan, effective December 10, 1996

       WHEREAS, the Compensation Committee of the Board of Directors of GWFC has
adopted this Omnibus Amendment 1997-1 with respect to the Annual Incentive Plan;
and

       WHEREAS, the Board of Directors of GWFC has adopted this Omnibus
Amendment 1997-1 with respect to all of the Plans other than the Annual
Incentive Plan;

       NOW, THEREFORE, subject to the succeeding paragraph hereof, each of the
Plans is amended to provide that the first clause of the third subparagraph of
the definition of "Change in Control" contained therein is amended by deleting
the phrase "at least 60%" and inserting in lieu thereof the phrase "at least
75%".

       The effective date of this Amendment shall be February 20, 1997; 
provided, however, that the amendment set forth herein shall be of no force and
--------  -------
effect with respect to any transaction that is intended to comply with "pooling
of interest" accounting rules, if and to the extent such amendment would prevent
the transaction from so complying.  Except as herein modified, the Plans shall
remain in full force and effect.

                         GREAT WESTERN FINANCIAL
                          CORPORATION



                         By: /s/ J. LANCE ERIKSON
                             --------------------
                         Executive Vice President, General
                         Counsel and Secretary


                                       2
#### § 549.74 Inmates without funds.

You will not be charged a health care service fee if you are considered indigent and unable to pay the health care service fee. The Warden may establish procedures to prevent abuse of this provision.
### §410aaa–81a. Transfer of land to Anza-Borrego Desert State Park

#### (a) In general

On termination of all mining claims to the land described in subsection (b), the Secretary shall transfer the land described in that subsection to the State of California.

#### (b) Description of land

The land referred to in subsection (a) is certain Bureau of Land Management land in San Diego County, California, comprising approximately 934 acres, as generally depicted on the map entitled "Proposed Table Mountain Wilderness Study Area Transfer to the State" and dated November 7, 2018.

#### (c) Management

#### (1) In general

The land transferred under subsection (a) shall be managed in accordance with the provisions of the California Wilderness Act (California Public Resources Code sections 5093.30–5093.40).

#### (2) Withdrawal

Subject to valid existing rights, the land transferred under subsection (a) is withdrawn from—

(A) all forms of entry, appropriation, or disposal under the public land laws;

(B) location, entry, and patent under the mining laws; and

(C) disposition under all laws relating to mineral and geothermal leasing.

#### (3) Reversion

If the State ceases to manage the land transferred under subsection (a) as part of the State Park System or in a manner inconsistent with the California Wilderness Act (California Public Resources Code sections 5093.30–5093.40), the land shall revert to the Secretary at the discretion of the Secretary, to be managed as a Wilderness Study Area.

(Pub. L. 103–433, title VII, §712, as added Pub. L. 116–9, title I, §1451, Mar. 12, 2019, 133 Stat. 710.)

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

#### "Secretary" Defined

Section 103 of Pub. L. 103–433 provided in part that in this subchapter "Secretary" means the Secretary of the Interior.
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Forneça treinamento a todos 

os funcionários sobre como 

reconhecer, evitar e reagir 

a situações potencialmente 

violentas.

Relate ameaças ou atos de 

violência reconhecidos a seu 

gerente ou supervisor, seguindo 

as eventuais políticas vigentes.

Esteja atento e ofereça apoio 

aos colegas de trabalho e clientes 

se ocorrer alguma situação 

ameaçadora ou violenta. 

Não discuta com um cliente se 

ele zer ameaças ou se tornar 

violento. Se preciso, dirija-se a 

uma área segura (o local ideal 

é uma sala que possa ser 

trancada por dentro, possua 

uma saída secundária e um 

telefone ou alarme silencioso).

Não tente forçar ninguém que 

pareça irritado ou violento a 

seguir as políticas de prevenção 

à COVID-19 ou outras políticas 

ou práticas associadas à 

COVID-19 (por exemplo, 

limitação do número de 

membros familiares ou 

produtos alimentícios).

CS319744-G 14/08/2020

cdc.gov/coronavirus

Supervisora

O que fazer O que não fazer

CS319484-G

Orientações básicas aos funcionários sobre o que fazer 

e não fazer para evitar situações de violência no local 

de trabalho