alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Joseph Museau, Appellant, v New York City Transit Authority et al., Respondents.

[823 NYS2d 908]

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated June 22, 2005, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

The defendants failed to establish their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident *(see Toure v Avis Rent A Car Sys.,*98 NY2d 345 [2002]; *Gaddy v Eyler,*79 NY2d 955 [1992]). The affirmed medical report of the defendants’ examining orthopedic surgeon conceded the existence of limitations in motion of the plaintiff s *773lumbar spine *(see Smith v Delcore,*29 AD3d 890 [2006]; *Sano v Gorelik,*24 AD3d 747 [2005]; *Spuhler v Khan,*14 AD3d 693, 694 [2005]), and neither defense medical expert addressed his claim that as a result of the accident the plaintiff sustained a medically determined injury which prevented him from performing substantially all of the material acts which constituted his usual and customary daily activities for not less then 90 days during the 180 days immediately following the injury or impairment *(see*Insurance Law § 5102 [d]; *Volpetti v Yoon Kap,*28 AD3d 750, 751 [2006]; *Sayers v Hot,*23 AD3d 453, 454 [2005]). Since the defendants failed to meet their initial burden of establishing a prima facie case, it is unnecessary to consider whether the plaintiffs papers submitted in opposition to the defendants’ motion were sufficient to raise a triable issue of fact *(see Coscia v 938 Trading Corp.,*283 AD2d 538 [2001]). Accordingly, the Supreme Court erred in granting the defendants’ motion for summary judgment dismissing the complaint. Florio, J.E, Crane, Spolzino and Covello, JJ., concur.
#### § 90.60 Scope.

The eligibility criteria, purpose areas, application requirements, and statutory priorities for this program are established by 42 U.S.C. 3796hh *et seq.*
### §410uu–2. Cooperative agreements

The Secretary may enter into a cooperative agreement with the Ohio Historical Society, the Archeological 1 Conservancy, and other public and private entities for consultation and assistance in the interpretation and management of the park.

(Pub. L. 102–294, §3, May 27, 1992, 106 Stat. 186.)

1 So in original. Probably should be "Archaeological".
#### The People of the State of New York, Respondent, v Jill Corey, Appellant.

(Appeal No. 1.)

[823 NYS2d 742]

Appeal from a judgment of the Yates County Court (W. Patrick Falvey, J.), rendered July 6, 2004. The judgment revoked defendant’s probation and imposed a sentence of incarceration.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed as moot *(see People v Griffin,*239 AD2d 936 [1997]). Present—Scudder, J.E, Kehoe, Gorski, Smith and Pine, JJ.
KPMG LLP

4200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN  55402

                          Independent Auditors' Consent

The Board of Directors of Allianz Life  Insurance  Company of North  America and
Contract Owners of Allianz Life Variable Account B:

We  consent  to the use of our  report  dated  March 19,  2004 on the  financial
statements of Allianz Life  Variable  Account B and our report dated January 19,
2004, on the consolidated financial statements of Allianz Life Insurance Company
of North America and  subsidiaries  included  herein and to the reference to our
Firm under the heading "EXPERTS".

Our report dated January 19, 2004 on the  consolidated  financial  statements of
Allianz Life  Insurance  Company of North America and  subsidiaries  refers to a
change in the method of accounting  for  derivative  instruments in 2001 and its
method of accounting for goodwill in 2002.

                                          /s/ KPMG LLP
                                          KPMG LLP



Minneapolis, Minnesota
April 2, 2004
§ 700.16 Access to records. ( a ) *Manner of access.* The Office, once it has made a determination to grant a request for access, shall grant the requester access to the requested record by— ( 1 ) Providing the requester with a copy of the record or
( 2 ) Making the record available for inspection by the requester at a reasonable time and place. The Office shall in either case charge the requester applicable fees in accordance with the provisions of § 700.17. If the Office provides access to a record by making the record available for inspection by the requester, the manner of such inspection shall not unreasonably disrupt the operations of the Office.
( b ) *Accompanying person.* A requester appearing in person to review his records may be accompanied by another individual of his own choosing. Both the requester and the accompanying person shall be required to sign a form stating that the Office of Independent Counsel is authorized to disclose the record in the presence of both individuals.
§ 33.11 Units of local government. ( a ) Units of local government are eligible to receive subgrants from a participating state. Unit of local government means any city, county, township, borough, parish, village, or other general purpose political subdivision of a state and includes Indian tribes which perform law enforcement functions as determined by the Secretary of the Interior. Section 901(a)(3) of the Act.
( b ) If the Bureau determines, during any fiscal year, that a portion of the funds allocated to a state will not be required, or that a state will be unable to qualify and receive funds, or that a state chooses not to participate in the program, then the Bureau shall award the funds allocated to the state directly to urban, rural, and suburban units of local government or combinations thereof within the state, giving priority to those jurisdictions with the greatest need. Section 407(d) of the Act.
### §450jj–1. Construction of memorial

#### (a) Plan; contracts; employment and compensation of personnel

The memorial authorized herein shall be constructed in general, in accordance with the plan approved by the United States Territorial Expansion Memorial Commission on May 25, 1948. The Secretary of the Interior is authorized to enter into such contracts as may be necessary to carry out the purposes of sections 450jj to 450jj–9 of this title. The Secretary is also authorized to employ, in his discretion, by contract or otherwise, landscape architects, architects, engineers, sculptors, artists, other expert consultants, or firms, partnerships, or associations thereof, and to include in any such contract provision for the utilization of the services and facilities, and the payment of the travel and other expenses, of their respective organizations, in accordance with the usual customs of the several professions and at the prevailing rates for such services and facilities, without regard to the civil-service laws or regulations, chapter 51 and subchapter III of chapter 53 of title 5, section 6101 of title 41, or any other law or regulation relating to either employment or compensation.

#### (b) Easements; above-ground parking

The Secretary of the Interior, in connection with the construction and operation of the memorial, is authorized to grant such easements as are in the public interest, and, in his discretion, to convey to the city of Saint Louis for above-ground parking structures, under such terms and conditions as he may consider to be compatible with maintaining the integrity, appearance, and purposes of said memorial, such portion of the historic site as may in his judgment be excluded therefrom without detriment thereto, subject, however, to reversion of such portion of the historic site to the United States if such excluded area ceases to be used for parking purposes by said city.

#### (c) Easements; public protection

The Secretary of the Interior is authorized to grant easements for the purpose of erecting under-ground structures suitable for public protection under such terms and conditions as he may consider to be compatible with maintaining the integrity, appearance, and purposes of said memorial.

(May 17, 1954, ch. 204, §2, 68 Stat. 99.)

#### **Editorial Notes**

#### References in Text

Herein, referred to in subsec. (a), means act May 17, 1954, which is generally classified to sections 450jj to 450jj–9 of this title. For complete classification of this Act to the Code, see Tables.

#### Codification

In subsec. (a), "chapter 51 and subchapter III of chapter 53 of title 5" substituted for "the Classification Act of 1949, as amended" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

In subsec. (a), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes, as amended" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
#### § 79.40 Scope of subpart.

The regulations in this subpart define the eligibility criteria for compensation under section 5 of the Act pertaining to miners, *i.e.,* uranium mine workers, and the nature of the evidence that will be accepted as proof of the various eligibility criteria. Section 5 of the Act provides for a payment of $100,000 to miners who contracted primary lung cancer or one of a limited number of nonmalignant respiratory diseases following exposure to a defined minimum level of radiation during employment in aboveground or underground uranium mines or following employment for at least one year in aboveground or underground uranium mines in specified states during the period beginning January 1, 1942, and ending December 31, 1971.
Draft Proposal CB-27 

This concept has been developed by the DOE Building Energy Codes Program (BECP) as a possible code

change proposal to the Commercial provisions of the 2012 International Energy Conservation Code

(IECC).   Interested parties are asked to submit any and all comments on DOE's initial concepts and draft

code change proposals. For instructions on submitting comments, visit:

www.energycodes.gov/development/commercial/codes/iecc/concepts/

Chiller Exception (CB-27) 

Objective:  Clarify the code with respect to the type of systems that need not comply with the

requirements.   

Suggested Code Change Proposal

Revise the Exception to Section C403.2.3.1 as follows:  

Exception: Centrifugal chillers designed to operate outside these the temperature and flow ranges 

indicated above need not comply with this code. 

Reason:  Clarification – “need not comply” is presumed in any exception.  The ranges in question

(temperature and flow above) should be stated to eliminate any confusion.    

Cost Impact:   There is no cost impact associated with this proposed change.
ናይ ምህርቲ ሰራሕተኛታት:

ዓርስኹምንካልኦትንካብ COVID-19 ንምሕላውኣብስራሕቦታንካብስራሕቦታወጻኢንክትገብርዎምትኽእሉነገራት።

CS 316954-M 06/29/2020

ኣብዝሓመምኩምሉግዘ ኣብገዛጽንሑ።

ክተስተውዕልዎም ዝግብኡኹም ምልክታት፡

• ሰዓል

• ትንፋስ ምሕጻር ወይ ምትንፋስ ምጽጋም

• ረስኒ

• ቁሪ-ቁሪ ምባል

• ናይ ጭዋዳ ቃንዛ

• ናይ ጎሮሮ ቃንዛ

• ሓድሽ ዝኾነ ናይ ምስትምቓር ወይ ናይ ምሽታት ስምዒት ምስኣን

ኣብ ዝሓመምኩምሉ ግዘ ምስ ካልኦት ዘለኩም ርክብ ኣወግዱ

• ብዝተኻእለ መጠን፣ ኣብ ሓንቲ ክፍሊ ጥራይ ብምኳን ካብ ካልኦት ሰባት ርሓቑ

• ብዛዕባ ናብ ስራሕ መዓዝ ክትምለሱ ከምትኽእሉ ምስ ዶክተርኩምን ተቖጻጻሪኹምን ተዘራረቡ

ምርካብ ዝከኣል ሕታም: https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-manufacturing-workers-employers.html

cdc.gov/coronavirus

6 ፊት

(2 ሜትራት)

ካብ ኣብ ስራሕን ኣብ ከባቢኹምን ካብ ዘለዉ ካልኦት ሰባት እንተንኢሱ 6 ፊት (2 ናይ ዓብዪ ሰብ ናይ ኢድ

ክንዲ ዝኸውን) 

• ኣብ ግዘ ዝርርብ፣ ኣብ ሎከር ክፍሊ፣ ኣብ ሆልወይ ወይ ኮሪደር፣ ከምኡውን ናብ ናይ ስራሕ ቦታኹም

ክትኣትዉን ክትወጹን ከለኹም እንተንኢሱ ካብ ካልኦት ሰባት 6 ፊት ረሓቑ

• መስተ ወይ መግቢ ምስ መሳርሕትኹም ኣይትካፈሉ

• ኣቑሑ ብተደጋጋሚ ክጸርዩን ዲስኢንፌክት ክግበሩን ኣለዎም፣ ብፍላይ ናይ ስራሕ ጣብያ ክትቅይሩ

ከለኹም ወይ ናብ ሓድሽ ናውቲታት ክትቅይሩ ከለኹም

• እንተተኻኢሉ፣ ኣብ መኪና ተኣኪብኩም ኣይትንቀሳቐሱ

ህዝቢ ኣብ ዝእከበሉ ቦታ ኣፍንጫኹምን ኣፍኩምን ዝሽፍን ካብ ጨርቅ ዝተሰርሓ ናይ ገጽ መሸፈኒ

ተጠቐሙ

• ናይ ገጽ መሸፈኒኹም ግጥም ኣቢልኩም ግበሩ፣ ኣብ ኣንጻር ጎኒ ገጽኩም በዝምቹ።

• ናይ ገጽ መሸፈኒኹም ክተውጽእዎ ከለኹም፣ ዓይንኹም፣ ኣፍንጫኹም ወይ ኣፍኩም ንዘይምንካእ

ፈትኑ ብቕልጡፍ ድማ ኣእዳውኩም ተሓጸቡ

• ናይ ገጽ መሸፈኒኹም ድሕሪ ምጥቃምኩም ሕጸብዎ ወይ ብኻልእ ተክእዎ

• እቲ ናይ ገጽ መሸፈኒኹም እንተተርኪሱ ወይ እንተረሲሑ ብኻልእ ተክእዎ

• ንልሙድ ስራሕኩም እቲ ዘድሊ ናይ ውልቃዊ መከላኸሊ ናውቲ (PPE) ምጥቃምኩም ቀጽሉ
cdc.gov/coronavirus

ዓይንኹም፣ ኣፍንጫኹም ወይ ኣፍኩም ከይትነኽኡ

• ብዘይተሓጸበ ኢድኩም

• ጓንቲ እናጌርኩም እንተለኩም

• ናይ ገጽኩም መሸፈኒ ወይ ናይ ደሕንነት መስትያትኩም ድሕሪ ምስትኽኻል

ኣእዳውኩም ብሳሙናን ማይን እንተንኢሱ ን 20 ሰከንድታት ተሓጸቡ ወይ እንተንኢሱ 60% ኣልኮል ዝሓዘ

ሳኒታይዘር ተጠቐሙ፡

• ቅድሚን ድሕሪን ናይ ስራሕ ሽፍቲታትን ዕረፍቲታትን

• ኣፍንጫኹም ድሕሪ ምንፋጥ፣ ድሕሪ ምስዓልን ምህንጣስን

• ሽንቲ ቤት ድሕሪ ምጥቃም

• ቅድሚ ምብላዕ

• ምግቢ ቅድሚን ድሕሪን ምድላው

• ናይ ገጽ መሸፈኒ ድሕሪ ምግባር፣ ምንካእ ወይ ምውጻእ።

ኣብ ክትስዕልሉ ወይድማ ሕንጥሸው እትብልሉ ግዜ ተሸፈኑ

• ኣፍኩምን ኣፍንጫኹምን ብሶፍት ሸፍኑ ወይ ሶፍት እንተዘይሃሊኩም ናይ ኢድኩም ኩርናዕ ተጠቐሙ

• ዝተጠቐምኩምሎም ሶፍትታት ናብ ጎሓፍ መኣከቢ ደርብዩ

• ድሕሪ ምስዓልን ምህንጣስን ኣእዳውኩም ተሓጸቡ ወይ እንተንኢሱ 60% ኣልኮል ዘለዎ ናይ ኢድ

ሳኒታይዘር ተጠቐሙ
佩戴口罩

确保它遮住您的鼻子和嘴,以帮助保护他人。

您可能已被感染但没有症状。

实行社交疏离

与他人保持6英尺(2臂长)的距离。

CS 317927-D 10/02/2020

保护自己和他人免受COVID-19的侵害
Desarrollando la comunidad a 

través de la salud y el bienestar.

La salud y el bienestar exigen que se cuide a la persona en forma integral: mente, cuerpo y espíritu. Pero, debido a que 

siempre estamos ocupados, es posible que nuestro bienestar sea lo último que atendemos.

Este año queremos que sea más fácil para usted y sus seres queridos poner su bienestar en primer lugar, haciendo que la 

vacunación contra la influenza esté más accesible.

La influenza puede ser una enfermedad grave, hasta para la gente sana. Todas las personas desde los 6 meses en adelante 

deben vacunarse contra la influenza todos los años.

Proteja a su familia, congregación y por ti mismo de recibir la vacuna contra la influenza.

Mente.

Información de la clinica/logo aquí .

CS226325-D

Espíritu.

Cuerpo.

Si quiere saber más, 

visite www.cdc.gov/flu 

(Seleccione “En 

Español”) o llame al 

1-800-232-4636

Para más información en español visite: 

http://www.cdc.gov/flu/

Departamento de 

Salud y Servicios Humanos

Centros para el Control y la 

Prevención de Enfermedades
#### § 68.47 Stipulations.

The parties may by stipulation in writing at any stage of the proceeding, or by stipulation made orally at the hearing, agree upon any pertinent facts in the processing. It is desirable that the facts be thus agreed upon so far as and whenever practicable. Stipulations may be received in evidence at a hearing or prior thereto, and when received in evidence, shall be binding on the parties thereto.

[54 FR 48596, Nov. 24, 1989. Redesignated by Order No. 1534-91, 56 FR 50053, Oct. 3, 1991]
(No. 79-CC-0483

#### David J. Pratt, Sr., Claimant, *v.*The State of Illinois, Respondent.

*Opinion filed July 15, 1982.*

David J. Pratt, Sr., *pro se,*for Claimant.

Tyrone C. Fahner, Attorney General (Sue Mueller, Assistant Attorney General, of counsel), for Respondent.

Poch, J.

The Claimant, while an inmate at the Department of Corrections, filed a *pro se*complaint for personal injuries, allegedly received while in the Cook County jail hospital. The Claimant did not file any notice of intent to sue or bring claim against the State as required by the provisions of section 22-1 of the Court of Claims Act. Ill. Rev. Stat. 1979, ch. 37, par. 439.22-1.

*686This cause was assigned to a commissioner of this Court to conduct a hearing. On August 9, 1979, a hearing was held before the commissioner. The Claimant conceded that his injury occurred at the Cook County jail hospital, a facility which is not within the jurisdictional control of the Illinois Department of Corrections, but which is operated by the County of Cook, or one of its subdivisions.

Subsequent to a general continuation of the hearing, the Respondent has filed a motion to. dismiss the claim and a motion for judgment on the pleadings. The Respondent is entitled to the relief requested in both motions.

The complaint of the Claimant is defective in several respects. It is not verified and fails to meet the pleading requirements of Rule 5A of this Court which, pursuant to Rule 9, is a basis for dismissal.

While the pleading defects are more formal than substantive and standing alone could result in dismissal with leave to replead, the Claimant never filed any notice of intent as required by section 22-1 of the Court of Claims Act. (Ill.Rev.Stat. 1979, ch. 37, par. 439.22-1.) Such failure to do so is a bar to this action which requires dismissal of his claim with prejudice. Ill.Rev.Stat. 1979, ch. 37, par. 439.22-2.

The Respondent is entitled to judgment in its favor based upon a review of the pleadings. The Claimant alleges he was injured while in the custody of the sheriff of Cook County in the Cook County jail hospital. The Cook County jail is governed by the provisions of the County Department of Corrections Act. (Ill.Rev.Stat. 1979, ch. 125, par. 201 *et seq.)*Section 3 (Ill.Rev.Stat. 1979, ch. 125, par. 203) provides that the county jail is operated by the Cook County Department of Corree*687tions, which is not a State agency. The jail hospital is operated by the Cook County Health and Hospital Governing Commission, which is not an agency of the State of Illinois. Ill.Rev.Stat. 1979, ch. 34, par. 5020.

Since the Claimant does not allege and the pleadings show he was not within the care, custody or control of any agency of the State, the Respondent is entitled to judgment in its favor on the pleadings.

It is therefore ordered:

That the complaint of the Claimant is dismissed with prejudice.
### §460dddd–2. San Rafael Swell Recreation Area Advisory Council

#### (a) Establishment

Not later than 180 days after March 12, 2019, the Secretary shall establish an advisory council, to be known as the "San Rafael Swell Recreation Area Advisory Council".

#### (b) Duties

The Council shall advise the Secretary with respect to the preparation and implementation of the Management Plan for the Recreation Area.

#### (c) Applicable law

The Council shall be subject to—

(1) the Federal Advisory Committee Act (5 U.S.C. App.); 1 and

(2) section 1739 of title 43.

#### (d) Members

The Council shall include 7 members, to be appointed by the Secretary, of whom, to the maximum extent practicable—

(1) 1 member shall represent the Emery County Commission;

(2) 1 member shall represent motorized recreational users;

(3) 1 member shall represent nonmotorized recreational users;

(4) 1 member shall represent permittees holding grazing allotments within the Recreation Area or wilderness areas designated in this part;

(5) 1 member shall represent conservation organizations;

(6) 1 member shall have expertise in the historical uses of the Recreation Area; and

(7) 1 member shall be appointed from the elected leadership of a Federally recognized Indian Tribe that has significant cultural or historical connections to, and expertise in, the landscape, archeological sites, or cultural sites within the County.

(Pub. L. 116–9, title I, §1223, Mar. 12, 2019, 133 Stat. 670.)

#### **Editorial Notes**

#### References in Text

The Federal Advisory Committee Act, referred to in subsec. (c)(1), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§1001 et seq.) of Title 5 by Pub. L. 117–286, §§3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

This part, referred to in subsec. (d)(4), is part II (§§1211–1255) of subtitle C of title I of Pub. L. 116–9, Mar. 12, 2019, 133 Stat. 667, which enacted this subchapter, amended section 1274 of this title, enacted provisions set out as notes under section 1274 of this title, and enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title and in a table of National Monuments set out under section 320301 of Title 54, National Parks Service and Related Programs.

1 See References in Text note below.
EXHIBIT 32.1

SECTION 1350 CERTIFICATION

Pursuant to 18 U.S.C. Section 1350, Morteza Ejabat, Chief Executive Officer of
Zhone Technologies, Inc. (the Company), and Kirk Misaka, Chief Financial Officer of the Company, each hereby certify that, to their knowledge:



|1. | The Companys Quarterly Report on Form 10-Q for the quarter ended March 31, 2007 (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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: May 8, 2007



|                                       |  |  |  |                                    
|-------------------------------------- |  |  |  | -----------------------------------
|/s/ MORTEZA EJABAT                     |  |  |  | /s/ KIRK MISAKA                    
|Morteza Ejabat Chief Executive Officer |  |  |  | Kirk Misaka Chief Financial
Officer
§ 50.3 Applications/pre-filing; rules and format. ( a ) Filings are subject to the formal paper and electronic filing requirements for proceedings before the Commission as provided in part 385 of this chapter.
( b ) Applications, amendments, and all exhibits and other submissions required to be furnished by an applicant to the Commission under this part must be submitted in electronic format.
( c ) When an application considered alone is incomplete and depends vitally upon information in another application, it will not be accepted for filing until the supporting application has been filed. When applications are interdependent, they must be filed concurrently.
( d ) All filings must be signed in compliance with § 385.2005 of this chapter.
( e ) The Commission will conduct a paper hearing on applications for permits for electric transmission facilities.
( f ) Permitting entities will be subject to the filing requirements of this section and the prompt and binding intermediate milestones and ultimate deadlines established in the notice issued under § 50.9.
( g ) Any person submitting documents containing critical energy infrastructure information must follow the procedures specified in § 388.113 of this chapter.
[71 FR 69465, Dec. 1, 2006, as amended at 89 FR 46730, May 29, 2024]