alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Far Realty Associates Inc. et al., Appellants, v RKO Delaware Corporation et al., Respondents.

[823 NYS2d 403]

Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered May 25, 2005, which dismissed the complaint after a nonjury trial, unanimously affirmed, without costs.

Plaintiff Far Realty Associates and defendant RKO Corporation entered into a brokerage agreement giving the former the *262“sole and exclusive agency to lease the premises.” The agreement also contemplated that Far Realty would receive a commission if “able to sell the premises,” with the amount of commission dependent on the sale price. When Far Realty thereafter failed to lease or sell the property expeditiously, defendants advised Far Realty that RKO Corporation wished to be released from the brokerage agreement. More than two years later, the premises were sold by the owner. Although it is undisputed that the transaction was not the result of any efforts on the part of Far Realty, it joined in bringing this action for the purpose of recovering a commission.

A broker is entitled to a commission upon the sale of the property by the owner only where the broker has been given the exclusive right to sell; an exclusive agency merely precludes the owner from retaining another broker in the making of the sale (see *Solid Waste Inst. v Sanitary Disposal,*120 AD2d 915 [1986]; *Hammond, Kennedy & Co. v Servinational, Inc.,*48 AD2d 394, 397 [1975]). A contract will not be construed to create an exclusive right to sell unless it expressly and unambiguously provides for a commission upon sale by the owner or excludes the owner from independently negotiating a sale (see *CV Holdings, LLC v Artisan Advisors, LLC,*9 AD3d 654, 656 [2004]; *Harvard Assoc. v Hayt, Hayt & Landau,*264 AD2d 814 [1999]).

The agreement between these parties was for an exclusive agency, and then only with respect to leasing the premises. A separate paragraph provided for a commission if Far Realty could sell the premises, but there was no exclusive right granted in that regard. Nothing in the agreement expressly and unambiguously declared that Far Realty would be due a commission upon sale by the owner, or otherwise excluded the owner from independently arranging for a sale.

We have considered plaintiffs’ other arguments and find them unavailing. Concur—Andrias, J.E, Friedman, Marlow, Nardelli and Sweeny, JJ.
UNITED STATES OF AMERICA

before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934

Release No. 99917 / April 8, 2024

INVESTMENT ADVISERS ACT OF 1940

Release No. 6582 / April 8, 2024

Admin. Proc. File No. 3-21030

In the Matter of 

LEON VACCARELLI

ORDER GRANTING EXTENSION OF TIME

Respondent Leon Vaccarelli requests a 30-day extension of time to respond to a 

February 7, 2024 Commission order.1 Vaccarelli states that, due to circumstances outside his 

control, he cannot currently afford the postage necessary to file and serve his response. Under 

the circumstances, it appears appropriate to grant the extension request for good cause shown.2

Accordingly, it is ORDERED that Vaccarelli file the response directed by the February 7, 

2024 order by April 23, 2024. 

For the Commission, by the Office of the General Counsel, pursuant to delegated 

authority. 

Vanessa A. Countryman

Secretary

1

See Leon Vaccarelli, Exchange Act Release No. 99485, 2024 WL 473706 (Feb. 7, 2024)

(requiring filing of response by March 24, 2024).

2

See Rule of Practice 161(a), 17 C.F.R. § 201.161(a) (requiring good cause showing for 

extensions); see also In re Pending Administrative Proceedings, Exchange Act Release 

No. 88415, 2020 WL 1322001 (Mar. 18, 2020) (providing that, pending further order of the 

Commission, reasonable requests for extensions of time will not be disfavored as stated in 

Commission Rule of Practice 161).
3MEnvironmental, Health and 3M Center, Building 0224-05-W-03 p. 1 Safety Operations St. Paul, MN 55144-1000



### April 29, 2010 UPS Express Mail Director, Chemical Control Division (7405M) Office of Pollution Prevention and Toxics (OPPT) Room 4146 EPA East U .S. Environmental Protection Agency 1201 Constitution Avenue, NW Washington, DC 20460 

# M,e h'- 

# aa6s6~ F 11VF-0 

## 10 APR 30

Attention: Docket No. OPPT 2004-0112

PFOA Site-Related Environmental Assessment Program 

## 9 : 48

Subject : Status Report Pursuant to the Memorandumof Understanding between

and 3M Company and Dyneon LLCdated October 2004 Dear Sir or Madam, On November 19, 2009, U .S. EPA approved the Phase 3 Work Plan under the subject Memorandum

ofUnderstanding (MOU) . Accordingly, and per the MOU, 3M and Dyneon are resuming the submittal of quarterly status reports. Enclosed for your information and records are two paper copies of this report and one electronic version that has been copied to a CD . Per agreement with EPAstaff, the time period from November 19, 2009 through December 31, 2009 has also been included as part of this initial Phase 3 report. Two paper copies ofthe report and a CD have also been sent to the referenced docket as noted in the cc list below . Ifthere are any questions or comments concerning this matter, please contact me at 651 737-3570. 

### Gary lHohenstein Mariager, Environmental &Regulatory Affairs Environmental, Health and Safety Operations 3M - Building 224-5W-03 St . Paul, MN 55144 651737-3570 gahohensteingmmm

.com 

## CONTAINS NOCBIcc: Gloria Davis - Mail Code 7405M (w/o attachments) TSCA Confidential Business Information Center (7407M) EPAEast - Room6428 Attn: EPA-HQ-OPPT-2004-0112 1201 Constitution Avenue, NW 

### Washington, DC 20004-3302 Enclosures
§ 83.505 How are violations of this part determined for recipients who are individuals? An individual recipient is in violation of the requirements of this part if the Attorney General or designee determines, in writing, that— ( a ) The recipient has violated the requirements of subpart C of this part; or
( b ) The recipient is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity.
§ 51.15 Enabling legislation and contingent or nonuniform requirements. ( a ) With respect to legislation ( 1 ) that enables or permits the State or its political subunits to institute a voting change or
( 2 ) that requires or enables the State or its political sub-units to institute a voting change upon some future event or if they satisfy certain criteria, the failure of the Attorney General to interpose an objection does not exempt from the preclearance requirement the implementation of the particular voting change that is enabled, permitted, or required, unless that implementation is explicitly included and described in the submission of such parent legislation.
( b ) For example, such legislation includes— ( 1 ) Legislation authorizing counties, cities, school districts, or agencies or officials of the State to institute any of the changes described in § 51.13,
( 2 ) Legislation requiring a political subunit that chooses a certain form of government to follow specified election procedures,
( 3 ) Legislation requiring or authorizing political subunits of a certain size or a certain location to institute specified changes,
( 4 ) Legislation requiring a political subunit to follow certain practices or procedures unless the subunit's charter or ordinances specify to the contrary.
Exhibit 32

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


         In connection with the Quarterly Report of Equality Investments,  Inc.,
on Form  10-QSB  for the  period  ending  September  30,  2002 as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  the
undersigned, B. Stephen Bailey, Chief Executive Officer and Principal Accounting
Officer of the Company,  certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to ss. 906 of the  Sarbanes-Oxley  Act of 2002,  that to the best of my
knowledge and belief:

         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 result of  operations of the
Company.


Date: April 19, 2004

/s/ B. Stephen Bailey
B. Stephen Bailey
President
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.
§ 541.50 Release from a control unit. ( a ) Only the Executive Panel may release an inmate from a control unit. The following factors are considered in the evaluation of an inmate's readiness for release from a control unit: ( 1 ) Relationship with other inmates and staff members, which demonstrates that the inmate is able to function in a less restrictive environment without posing a threat to others or to the orderly operation of the institution;
( 2 ) Involvement in work and recreational activities and assignments;
( 3 ) Adherence to institution guidelines and Bureau of Prisons rules and policy;
( 4 ) Personal grooming and cleanliness; and
( 5 ) Quarters sanitation.
( b ) An inmate released from a control unit may be returned: ( 1 ) To the institution from which the inmate was originally transferred;
( 2 ) To another federal or non-federal institution; or
( 3 ) Into the general population of the institution which has a control unit.
[49 FR 32991, Aug. 17, 1984, as amended at 60 FR 46485, Sept. 6, 1995]
#### § 94.41 Interim emergency payment.

Claimants may apply for an interim emergency payment, prior to a determination under § 94.21(a). If the Director determines that such payment is necessary to avoid or mitigate substantial hardship that may result from delaying reimbursement until complete and final consideration of an application, such payment may be made to cover immediate expenses such as those of medical care, funeral and burial, short-term lodging, and emergency transportation. The amount of an interim emergency payment shall be determined on a case-by-case basis, and shall be deducted from the final award amount.
§ 35.201 Exceptions. The requirements of § 35.200 do not apply to the following: ( a ) *Archived web content.* Archived web content as defined in § 35.104.
( b ) *Preexisting conventional electronic documents.* Conventional electronic documents that are available as part of a public entity's web content or mobile apps before the date the public entity is required to comply with this subpart, unless such documents are currently used to apply for, gain access to, or participate in the public entity's services, programs, or activities.
( c ) *Content posted by a third party.* Content posted by a third party, unless the third party is posting due to contractual, licensing, or other arrangements with the public entity.
( d ) *Individualized, password-protected or otherwise secured conventional electronic documents.* Conventional electronic documents that are: ( 1 ) About a specific individual, their property, or their account; and
( 2 ) Password-protected or otherwise secured.
( e ) *Preexisting social media posts.* A public entity's social media posts that were posted before the date the public entity is required to comply with this subpart.
#### Victor Schadenburg et al., Respondents, v. Spector Motor Service, Inc., Appellant.

No ] opinion. Present — Martin, P. J., TJntermyer, Dore, Cohn and Callahan, JJ.
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 98705 / October 10, 2023

ADMINISTRATIVE PROCEEDING

File No. 3-21535

In the Matter of

Quantstamp, Inc.,

Respondent.

:

:

:

:

:

:

:

EXTENSION ORDER

The Division of Enforcement (“Division”) has requested an extension of time until 

October 10, 2024 to submit a Proposed Plan of Distribution under Rule 1101(a) of the 

Commission’s Rules on Fair Fund and Disgorgement Plans, 17 C.F.R. § 201.1101(a).

On July 21, 2023, the Commission issued an Order Instituting Cease-and-Desist 

Proceedings Pursuant to Section 8A of the Securities Act of 1933, Making Findings, and 

Imposing a Cease-and-Desist Order (the “Order”)1against Quantstamp, Inc. (“Quantstamp” or 

the “Respondent”). In the Order, the Commission found that from October to November 2017, 

Quantstamp offered and sold crypto asset securities to fund the development of an automated 

smart contract security auditing protocol. Quantstamp broadly marketed the sale of its crypto 

asset security, named QSP, including in the United States. Quantstamp raised approximately 

$28.35 million in ether and USD through the sale of QSP to more than 5,000 investors. The 

Commission found that Quantstamp violated Sections 5(a) and 5(c) of the Securities Act of 1933 

1

 Securities Act Rel. No. 11215 (July 21, 2023).
2

by offering and selling the QSP tokens as investment contracts without a registration statement 

or an exemption from registration. 

The Commission ordered the Respondent to pay $1,979,201.00 in disgorgement, 

$494,314.00 in prejudgment interest, and a $1,000,000.00 civil money penalty, for a total of 

$3,473,515.00, to the Commission. The Commission also created a Fair Fund, pursuant to 

Section 308(a) of the Sarbanes-Oxley Act of 2002, so the penalty paid, along with the 

disgorgement and interest paid, can be distributed to harmed investors (the “Fair Fund”).

The Fair Fund consists of the $3,473,515.00 paid by the Respondent. The Fair Fund has 

been deposited in a Commission-designated account at the U.S. Department of the Treasury, and 

any accrued interest will be added to the Fair Fund.

In its request for an extension of time, the Division states that additional time is needed to 

complete the fund administrator solicitation and appointment process, develop the distribution 

methodology, and prepare the proposed plan of distribution.

Accordingly, for good cause shown, IT IS HEREBY ORDERED that the Division’s 

request for an extension of time until October 10, 2024 to submit a Proposed Plan of Distribution 

is granted.

For the Commission, by the Division of Enforcement, pursuant to delegated authority.2

Vanessa A. Countryman

Secretary 

2

 17 C.F.R. § 200.30-4(a)(21)(i).
Me vacunaré contra la influenza.

No se puede vacunar a los bebés menores de 

6 meses contra la influenza, pero ellos presentan

un alto riesgo de sufrir complicaciones a causa 

de la enfermedad. Ellos dependen de usted 

para que los proteja. Vacúnese.

Aún que usted sea saludable, si vive o cuida 

de alguien que presente alto riesgo de sufrir 

complicaciones serias debido a la influenza, 

usted debe vacunarse. Los grupos de alto 

riesgo incluyen a los bebés y a las mujeres 

embarazadas. 

Protegeré a mi bebé. 

CS212299-J

Para obtener más información, visite 

http://www.flu.gov or http://www.cdc.gov/flu
### §4244. Definitions

In this chapter—

(1) the term "African elephant" means any animal of the species loxodonta africana;

(2) the term "CITES" means the Convention on the International Trade in Endangered Species of Wild Fauna and Flora;

(3) the term "CITES Ivory Control System" means the ivory quota and marking system established by CITES to curtail illegal trade in African elephant ivory;

(4) the term "Fund" means the account established by division A, section 101(e), title I of Public Law 105–277 under the heading "multinational species conservation fund" [16 U.S.C. 4246];

(5) the terms "import" and "importation" have the meanings such terms have in the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(6) the term "intermediary country" means a country that exports raw or worked ivory that does not originate in that country;

(7) the term "ivory producing country" means any African country within which is located any part of the range of a population of African elephants;

(8) the term "ivory quota" means a quota submitted by an ivory producing country to the CITES Secretariat in accordance with the CITES Ivory Control System;

(9) the term "personal effects" means articles which are not intended for sale and are part of a shipment of the household effects of a person who is moving his or her residence to or from the United States, or are included in personal accompanying baggage;

(10) the term "raw ivory" means any African elephant tusk, and any piece thereof, the surface of which, polished or unpolished, is unaltered or minimally carved;

(11) the term "Secretary" means the Secretary of the Interior;

(12) the term "United States" means the fifty States, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the territories and possessions of the United States; and

(13) the term "worked ivory" means any African elephant tusk, and any piece thereof, which is not raw ivory.

(Pub. L. 100–478, title II, §2305, Oct. 7, 1988, 102 Stat. 2322; Pub. L. 107–111, §6(a)(4), Jan. 8, 2002, 115 Stat. 2096.)

#### **Editorial Notes**

#### References in Text

Division A, section 101(e), title I of Public Law 105–277, referred to in par. (4), is Pub. L. 105–277, div. A, §101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–232. Provisions under the heading "multinational species conservation fund" in Pub. L. 105–277, §101(e) [title I] appear at 112 Stat. 2681–237, and are classified in part to section 4246 of this title.

The Endangered Species Act of 1973, referred to in par. (5), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

#### Amendments

2002—Par. (4). Pub. L. 107–111 substituted "the account established by division A, section 101(e), title I of Public Law 105–277 under the heading 'multinational species conservation fund' " for "the African Elephant Conservation Fund established by section 4212 of this title".
§ 541.6 Mentally ill inmates. If it appears you are mentally ill at any stage of the discipline process, you will be examined by mental health staff. ( a ) *Competency to Participate in Disciplinary Proceedings.* If evidence indicates that you cannot understand the nature of the disciplinary proceedings, or cannot help in your own defense, disciplinary proceedings may be postponed until you are competent to participate. The Unit Disciplinary Committee or Discipline Hearing Officer will make this decision based on evidence, including evidence presented by mental health staff.
( b ) *Responsibility for Conduct.* You will not be disciplined for conduct committed when, as the result of a severe mental disease or defect, you were unable to appreciate the nature and quality, or wrongfulness of the act. The UDC or DHO will make this decision based on evidence, including evidence presented by mental health staff.
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, 2010 (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 7, 2010



|                        |  |  |  |                        
|----------------------- |  |  |  | -----------------------
|/s/    MORTEZA EJABAT   |  |  |  | /s/    KIRK MISAKA     
|Morteza Ejabat          |  |  |  | Kirk Misaka            
|Chief Executive Officer |  |  |  | Chief Financial Officer
### §450kk. Fort Union National Monument; acquisition of site and other lands; reversions and reservations

In order to preserve and protect, in the public interest, the historic Old Fort Union, situated in the county of Mora, State of New Mexico, and to provide adequate public access thereto, the Secretary of the Interior is authorized to acquire on behalf of the United States by donation, or he may procure with donated funds, the site and remaining structures of Old Fort Union, together with such additional land, interests in land, and improvements thereon as the Secretary in his discretion may deem necessary to carry out the purposes of this section and section 450kk–1 of this title. Donated lands may be accepted subject to such reservations, terms, and conditions as may be satisfactory to the Secretary, including right of reversion to donor, or its successors and assigns, upon abandonment as a national monument, and reservation of mineral rights subject to condition that surface of donated lands may not be used or disturbed in connection therewith, without the consent of the Secretary.

(June 28, 1954, ch. 401, §1, 68 Stat. 298.)
§ 522.13 Relationship between existing civil contempt commitment orders and new criminal sentences imposed under the U.S. or D.C. Code. ( a ) Except as stated in (b), if a civil contempt commitment order is in effect when a criminal sentence of imprisonment is imposed under the U.S. or D.C. Code, the criminal sentence runs consecutively to the commitment order, unless the sentencing judge orders otherwise.
( b ) *For federal criminal sentences imposed for offenses committed before November 1, 1987, under 18 U.S.C. Chapter 227 :* If a civil contempt commitment order is in effect when a criminal sentence of imprisonment is imposed, the criminal sentence runs concurrent with the commitment order, unless the sentencing judge orders otherwise.
#### § 633.101 Purpose.

To prescribe for Federal-aid highway proposals and construction contracts the method for inclusion of required contract provisions of existing regulations which cover employment, nonsegregated facilities, record of materials and supplies, subletting or assigning the contract, safety, false statements concerning highway projects, termination of a contract, and implementation of the Clean Air Act and the Federal Water Pollution Control Act, and other provisions as shall from time-to-time be required by law and regulation as conditions of Federal assistance.
#### § 5.501 Inspection of books and records.

Officials of the National Security Division and the Federal Bureau of Investigation are authorized under section 5 of the Act to inspect the books and records listed in § 5.500(a).

[Order No. 376-67, 32 FR 6362, Apr. 22, 1967, as amended by Order No. 523-73, 38 FR 18235, July 9, 1973; Order No. 2865-2007, 72 FR 10068, Mar. 7, 2007]