alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Michele A. Andrew, Individually and as Parent and Natural Guardian of C.A., an Infant, Appellant, v Soo Hurh, M.D., et al., Respondents, et al., Defendants.

(Appeal No. 1.)

[824 NYS2d 546]

Appeal from a judgment of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered July 19, 2005 in a medical malpractice action. The judgment, upon a jury verdict, dismissed the complaint against defendants Soo Hurh, M.D., Lynn Hickox, C.N.M., and Community General Hospital.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: On appeal from a judgment entered following a jury trial dismissing the medical malpractice complaint against Soo Hurh, M.D., Lynn Hickox, C.N.M., and Community General Hospital (collectively, defendants), plaintiff contends that Supreme Court erred in allowing the testimony of Dr. Anthony Scalzo and Dr. Richard Aubry. Contrary to the contention of plaintiff, defendants were not required to provide plaintiff with CPLR 3101 (d) expert disclosure concerning Scalzo, inasmuch as “a treating physician may give expert opinion testimony . . . and may do so without prior notice pursuant to CPLR 3101 (d)” *(Krinsky v Rachleff,*276 AD2d 748, 750 [2000]; *see also Finger v Brande,*306 AD2d 104 [2003]; *but see Thomas v 14 Rollins St. Realty Corp.,*25 AD3d 317 [2006]). Contrary to the further contention of plaintiff, Scalzo’s testimony was not speculative *(see generally Cassano v Hagstrom,*5 NY2d 643, 646 [1959], *rearg denied*6 NY2d 882 [1959]).

Plaintiff further contends that the testimony of Scalzo should have been stricken because defense counsel conducted ex parte post-note of issue interviews with Scalzo, allegedly in violation of the Health Insurance Portability and Accountability Act of 1996. By failing to raise that contention until the posttrial motion to set aside the verdict, plaintiff failed to preserve it for our review *(see Wooten v State of New York,*302 AD2d 70, 72 [2002], *lv denied*1 NY3d 501 [2003]; *Taylor-Gove v St. Joseph’s Hosp. Health Ctr.,*242 AD2d 879, 880 [1997], *lv denied*91 NY2d 805 [1998]; *Delay v Rhinehart,*176 AD2d 1211 [1991]). By withdrawing her request for a *Frye*hearing concerning the testimony of *1332Aubry, plaintiff waived her current contention that Aubry’s testimony should have been stricken or that a *Frye*hearing should have been held *(see e.g. Matter of Dyandria D., 22*AD3d 354, 355 [2005], *lv denied*6 NY3d 704 [2006]; *Grimaldi v Spievogel, 300*AD2d 200 [2002]). Present—Kehoe, J.P., Martoche, Smith and Pine, JJ.
HEI Exhibit 32.1

Hawaiian Electric Industries, Inc.

Written Statement of Chief Executive Officer Furnished
Pursuant to

18 U.S.C. Section 1350,

as Adopted by

Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Hawaiian Electric Industries, Inc. (HEI) on Form 10-K for the year ended December 31, 2008 as filed with the
Securities and Exchange Commission (the Report), I, Constance H. Lau, Chief Executive Officer of HEI, certify, pursuant to 18 U.S.C. Section 1350, as adopted by Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge,
that:



|(1) | The Report fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934; and
|--- | ------------------------------------------------------------------------------------------------------------



|(2) | The consolidated information contained in the Report fairly presents, in all material respects, the financial condition as of December 31, 2008 and results of operations for
the year ended December 31, 2008 of HEI and its subsidiaries.
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                     
|-------------------------------------
|/s/ Constance H. Lau                 
|Constance H. Lau                     
|President and Chief Executive Officer
|Date: February 27, 2009              

A signed original of this written statement required by Section 906 has been provided to Hawaiian Electric
Industries, Inc. and will be retained by Hawaiian Electric Industries, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 12.2



CERTIFICATIONS



I, Toyoaki Nakamura, certify that:



1. I have reviewed this annual report on Form 20-F of Hitachi, Ltd. as amended by Amendments No. 1 and No. 2 thereto; and



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



|                        |  |     |  |                                                             
|----------------------- |  | --- |  | ------------------------------------------------------------
|Date:    April 28, 2008 |  | By: |  | /s/ Toyoaki Nakamura                                        
|                        |  |     |  | Name:         Toyoaki Nakamura                              
|                        |  |     |  | Title:           Senior Vice President and Executive Officer
### §2513. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 95–625, title X, §1014, Nov. 10, 1978, 92 Stat. 3544, related to limitation of use of funds. See section 200511(e) of Title 54, National Park Service and Related Programs.
----

            COMMISSION REGULATION (EC) No 1589/2004

of 9 September 2004         

concerning tenders notified in response to the invitation to tender for the import of maize issued in Regulation (EC) No 1341/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 12(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 2 to 9 September 2004 in response to the invitation to tender for the reduction in the duty on imported maize issued in Regulation (EC) No 1341/2004.

Article 2

This Regulation shall enter into force on 10 September 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 September 2004.

For the Commission

Franz FISCHLER            

Member of the Commission

----

(1)OJ L 270, 21.10.2003, p. 78.

(2)OJ L 249, 23.7.2004, p. 7.

(3)OJ L 177, 28.7.1995, p. 4. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

----
Case 17-34665-KLP Doc 6839 Filed 04/05/19 Entered 04/05/19 14:23:08 Desc Main

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### §544n. Authorization of appropriations

#### (a) General authorizations

There are authorized to be appropriated for fiscal years after the fiscal year 1986 such sums as are described below; 1

(1) For the purpose of acquisition of lands, water and interests therein pursuant to sections 544 to 544p of this title: $40,000,000: Provided, That of this amount no more than $10,000,000 shall be available to acquire lands, water, and interests therein pursuant to section 544h of this title. Such amounts are authorized to be appropriated from amounts covered into the Land and Water Conservation Fund notwithstanding any allocation, apportionment, or limitation contained in chapter 2003 of title 54.

(2) For the purpose of providing payments to local governments pursuant to section 544l(c) of this title: $2,000,000.

#### (b) Specific authorizations

There are authorized to be appropriated for fiscal years after the fiscal year 1986, effective upon concurrence on the management plan pursuant to section 544d of this title:

(1) For the purpose of construction of an interpretive center to be located in the State of Oregon, and a conference center to be located in the State of Washington: $10,000,000.

(2) For the purpose of construction of recreation facilities pursuant to section 544e(d) of this title: $10,000,000.

(3) For the purpose of preparing a program and restoring and reconstructing the Old Columbia River Scenic Highway, Oregon pursuant to section 544j of this title: $2,800,000.

(4) For the purpose of providing economic development grants pursuant to section 544i of this title: $5,000,000 for each State: Provided, That funds authorized to be appropriated pursuant to this paragraph shall be available for the acquisition of lands and interests therein pursuant to section 544h of this title if, at the expiration of three years, the States have failed to carry out their respective function pursuant to section 544c of this title.

#### (c) Availability of funds

Funds appropriated under subsections (a)(2) and (b) shall not be made available for any county which does not have in effect a land use ordinance which has been found to be consistent by the Commission, and concurred on by the Secretary as consistent with the management plan pursuant to section 544f of this title.

(Pub. L. 99–663, §16, Nov. 17, 1986, 100 Stat. 4300; Pub. L. 113–287, §5(d)(17), Dec. 19, 2014, 128 Stat. 3265.)

#### **Editorial Notes**

#### Amendments

2014—Subsec. (a)(1). Pub. L. 113–287, which directed amendment of par. (1) by substituting "chapter 2003 of title 54" for "the Land and Water Conservation Fund (16 U.S.C. 460l–4 and following)", was executed by making the substitution for "the Land and Water Conservation Fund (16 U.S.C. 4601–4 and following)", to reflect the probable intent of Congress.

1 So in original. The semicolon probably should be a colon.
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You have  reached the Federal Depository Library Program Electronic Collection  (FDLP/EC) Archive. This archive assures ongoing access to publications in the  FDLP/EC. Access to publications in the archive is available through GPO's  suite of cataloging and locator services, including the Catalog of U.S.  Government Publications.
Title:  Monitored natural attenuation of inorganic contaminants in ground  water
SuDocs: EP  11.2:IN 7
Item No. 0431-Y (online)
System Number: 000798820
Volume 1 |  Volume 2  |   Volume  3
A service of the Superintendent of Documents,  U.S. Government Printing Office..

 

Last updated:  September 24,  2016  Page Name:  http://permanent.fdlp.gov/
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#### §§ 103.20-103.36 [Reserved]
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

ADMINISTRATIVE PROCEEDINGS RULINGS

Release No. 6893/December 21, 2022

ADMINISTRATIVE PROCEEDING

File No. 3-21243

In the Matter of :

:

THE REGISTRATION STATEMENT OF : ORDER

AMERICAN CRYPTOFED DAO LLC :

The Securities and Exchange Commission instituted this proceeding with an Order 

Instituting Proceedings (OIP) on November 18, 2022. The proceeding is a stop order 

proceeding, authorized pursuant to Section 8(d) of the Securities Act of 1933. As the 

Commission ordered, the hearing before the undersigned Administrative Law Judge in this 

proceeding commenced at 10:00 a.m. EST on December 1, 2022. Hearing sessions were held on 

December 1, 2, and 6, 2022.

1

 The Division of Enforcement (Division) concluded its presentation 

of its direct case on December 2. Tr. 396. Thereafter, following the undersigned’s explanation 

of procedure and applicable law on December 2 and 6, Respondent continued with the 

presentation of its direct case on December 6.

2

 Tr. 459. Hearing sessions are set to resume on 

January 18, 2023, at 10:00 a.m. EST (7:00 a.m. PST). Tr. 604.

Respondent proposed several Division attorneys as witnesses. Tr. 12.3 This request was 

denied. Tr. 451, 605. Respondent was ordered to submit, by December 20, 2022: a list of topics 

on which it would examine such a witness if it wished to renew its request; and a list of exhibits 

from the Division’s “Rule 230” production that it proposed to offer for admission. Tr. 436, 454, 

605.

 

1 Citations to the transcript are noted as “Tr. __.” 

2 Respondent’s direct examination of Justin Dobbie followed immediately after the Division’s 

examination of him in its direct case on December 1. See Tr. 7-8. 

3

See also Resp. Dec. 5, 2022, Motion to Request the Division of Enforcement to Produce a 

Witness.
Respondent did not provide a list of topics on which it would examine a Division witness. 

Its request that the Division produce a staff member as a witness has been denied, and it may not 

renew its request.

IT IS SO ORDERED. 

/S/ Carol Fox Foelak 

Carol Fox Foelak

Administrative Law Judge
## Breadcrumb

-  Inicio 
-  Loan And Guaranty Centers 

Parte o todo el contenido en esta página disponible solo en inglés.

# Loan and Guaranty Centers

Upload 7(a) and 504 loan documents to the appropriate center handling the loan.

If you have a servicing request, submit it to the appropriate center that’s handling the loan. For COVID-19 EIDL servicing, please refer to Manage your EIDL.Each of the following loan centers has its own Send This File portal. After you’ve successfully uploaded any files, you’ll receive an email notification.
                - Commercial Loan Service Center (Little Rock, AR and Fresno, CA)
                - National Guaranty Purchase Center (Herndon, VA)
                - Sacramento Loan Processing Center (Sacramento, CA)
                - Loan Guaranty Processing Center (Citrus Heights, CA and Hazard, KY)
                - National Disaster Loan Resolution Center (Santa Ana, CA)
                - Disaster Loan Servicing Center (El Paso, TX)
                - Disaster Loan Servicing Center (Birmingham, AL)
#### § 668.207 Federal share payable from emergency fund.

The Federal share payable under this program is 100 percent of the cost.

[43 FR 59485, Dec. 21, 1978]
UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

In re:

TOYS ‘R’ US, INC., et al.,

 Debtors. 

Chapter 11

Case No. 17-34665 

ORDER GRANTING MOTION PURSUANT TO LOCAL 

BANKRUPTCY RULE 2090-1(E)(2) FOR PRO HAC VICE ADMISSION 

Upon the Motion Pursuant to Local Bankruptcy Rule 2090-1(E)(2) for Pro Hac Vice 

Admission1; the Court having jurisdiction to consider the Motion and the relief requested therein 

pursuant to 28 U.S.C. §§ 157 and 1334; consideration of the Motion and the relief requested therein 

being a core proceeding pursuant to 28 U.S.C. § 157(b); venue being proper before this Court 

pursuant to 28 U.S.C. §§ 1408 and 1409; and after due deliberation and sufficient cause appearing 

therefore; 

IT IS HEREBY ORDERED as follows: 

1. The Motion is granted as set forth herein. 

2. Mr. Van Dyke is authorized to appear and practice pro hac vice as an attorney for 

the Trust in the above-captioned chapter 11 cases and any related proceedings in accordance 

with Local Bankruptcy Rule 2090-1(E)(2). 

3. The Application attached to the Motion as Exhibit B is approved. 

4. The terms and conditions of this Order shall be immediately effective and 

enforceable upon its entry.

1

 Capitalized terms not defined in this Order shall have the meanings ascribed to such terms in the Motion. 

Case 17-34665-KLP Doc 7592 Filed 01/18/22 Entered 01/18/22 08:35:14 Desc Main

Document Page 1 of 2
5. The Court retains jurisdiction to hear and determine all matters arising from or

related to this Order.

Date: January 10, 2022

Richmond, Virginia 

HONORABLE KEITH L. PHILLIPS

UNITED STATES BANKRUPTCY JUDGE

WE ASK FOR THIS:

/s/ Michael G. Wilson

Michael Wilson (VSB No. 48927)

MICHAEL WILSON PLC 

12733 Storrow Rd.

Henrico, VA 23233

Telephone: (804) 614-8301

Greg Dovel, Esq.

Sean Luner, Esq.

Christin Cho, Esq.

DOVEL & LUNER

201 Santa Monica Blvd, Suite 600

Santa Monica, CA 90401

Telephone: (310) 656-7066

greg@dovel.com

sean@dovel.com

christin@dovel.com

Co-Counsel for TRU Litigation Trust

/s/ Keith L Phillips

Jan 13 2022

Entered On Docket: Jan 18 2022

Case 17-34665-KLP Doc 7592 Filed 01/18/22 Entered 01/18/22 08:35:14 Desc Main

Document Page 2 of 2
#### George W. Cobb, Respondent, v. Rudolph H. Kissel, Individually, and Rudolph H. Kissel and Lucius H. Beers, as Trustees of the Estate of David P. Morgan, Deceased, and Another, Appellants.

Judgment and order affirmed, with costs. No opinion. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.
### §729. Price per acre

The Secretary of the Interior shall not pay for any land or land and water a price which shall exceed an average cost of $10 per acre: Provided, That this provision shall not apply to any land or land and water prior to May 12, 1928, acquired or contracted for under the provisions of this chapter.

(June 7, 1924, ch. 346, §10, 43 Stat. 652; Mar. 4, 1925, ch. 558, 43 Stat. 1354; May 12, 1928, ch. 534, 45 Stat. 502; 1939 Reorg. Plan No. II, §4 (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

#### **Editorial Notes**

#### Codification

Provisions of this section, which authorized an appropriation of $1,500,000 for the acquisition of authorized areas and for all necessary expenses thereto, were omitted. The text set out above constituted the first and second provisos to the omitted provisions.

#### Amendments

1928—Act May 12, 1928, substituted "which shall exceed an average cost of $10 per acre" for "which when added to the price of land or land and water theretofore purchased, shall exceed an average cost of $5 per acre", and inserted proviso making the provision of this section inapplicable to any land or land and water prior to May 12, 1928.

1925—Act Mar. 4, 1925, substituted proviso for restriction on availability of money for acquisition of areas.

#### **Executive Documents**

#### Transfer of Functions

Transfer of functions of Secretary of Agriculture to Secretary of the Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note set out under section 723 of this title.
### §459d–3. Reservation of oil, gas, and other minerals

(a) When acquiring land, waters, or interests therein, the Secretary shall permit a reservation by the grantor of all or any part of the oil and gas minerals in such land or waters and of other minerals therein which can be removed by similar means, with the right of occupation and use of so much of the surface of the land or waters as may be required for all purposes reasonably incident to the mining or removal of such from beneath the surface of these lands and waters and the lands and waters adjacent thereto, under such regulations as may be prescribed by the Secretary with respect to such mining or removal.

(b) Any acquisition hereunder shall exclude and shall not diminish any right of occupation or use of the surface under grants, leases, or easements existing on April 11, 1961, which are reasonably necessary for the exploration, development, production, storing, processing, or transporting of oil and gas minerals that are removed from outside the boundaries of the national seashore and the Secretary may grant additional rights of occupation or use of the surface for the purposes aforesaid upon the terms and under such regulations as may be prescribed by him.

(Pub. L. 87–712, §4, Sept. 28, 1962, 76 Stat. 651.)