alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Donnell McCallop, Appellant.

[826 NYS2d 12]

Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered September 23, 2004, convicting defendant, after a jury trial, of assault in the second degree (two counts), criminal mischief in the fourth degree, criminal possession of a weapon in the fourth degree, criminal possession of stolen property in the fifth degree, and possession of burglar’s tools, and sentencing him, as a persistent violent felony offender, to an aggregate term of 12 years to life, unanimously modified, on the law, to the extent of vacating the conviction of second-degree assault *361pursuant to Penal Law § 120.05 (6) and dismissing that count of the indictment, and otherwise affirmed.

We vacate defendant’s conviction for assault “[i]n the course of and in furtherance of the commission or attempted commission of a felony,” (Penal Law § 120.05 [6]) because he was acquitted of the underlying felony of criminal mischief in the third degree, and attempted criminal mischief (see Penal Law § 110.00) was neither submitted to the jury nor explained to it by the court (see *People v Sanchez,*128 AD2d 377 [1987]). In this respect, the verdict was repugnant under the court’s charge, and the court should have granted defendant’s timely application to resubmit these verdicts to the jury.

Defendant’s conviction for intentional assault (Penal Law § 120.05 [1]) is not against the weight of the evidence (see *People v Bleakley,*69 NY2d 490 [1987]). There is no basis for disturbing the jury’s determinations concerning credibility. Defendant’s intent to cause serious physical injury can be inferred from his actions (see *e.g. People v Walker,*30 AD3d 215 [2006], *lv denied*7 NY3d 796 [2006]).

Defendant’s constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit *(see Almendarez-Torres v United States,*523 US 224 [1998]; *People v Rivera,*5 NY3d 61, 67 [2005], *cert denied*546 US —, 126 S Ct 564 [2005]; *People v Rosen,*96 NY2d 329 [2001], *cert denied*534 US 899 [2001]). Concur—Buckley, PJ., Saxe, Williams, Sweeny and Malone, JJ.
<TABLE> <S> <C>


 <ARTICLE>                     5
 <LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
FINANCIAL  STATEMENTS  FOR THE PERIOD ENDED AUGUST 31, 2000, AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
 </LEGEND>
 <CIK>                         0001102065
 <NAME>                        3045 Corporation

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 <CASH>                                         206
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 <CURRENT-LIABILITIES>                         22,167
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 <PREFERRED-MANDATORY>                          0
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 <OTHER-SE>                                   (27,311)
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 <SALES>                                        0
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 <OTHER-EXPENSES>                              (6,625)
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</TABLE>
Case 17-04384-KRH Doc 1-2 Filed 06/07/17 Entered 06/07/17 21:13:06 Desc

Exhibit 2 Page 1 of 2
Case 17-04384-KRH Doc 1-2 Filed 06/07/17 Entered 06/07/17 21:13:06 Desc

Exhibit 2 Page 2 of 2
EXHIBIT 4.2

SERIES B
PREFERRED STOCK CERTIFICATE


Certificate No. _______ Shares ______


SWISS TECHNIQUE, INC
(A Nevada Corporation)

Series B Preferred Stock, $.001 par value;
100,000 shares authorized


This certifies that __________________________________ is the
owner of _____________ shares of Series B preferred Stock of Swiss
Technique, Inc., fully paid and nonassessable, transferable only
on the books of the Corporation in person or by duly authorized
attorney upon the surrender of this certificate properly endorsed,
and subject to the designations, rights, voting powers, preferences
and the other rights or restrictions set forth hereon.

		Witness the seal of the Corporation and the signature of its
authorized officers.
	DATED this ______ day of 1991.
	SWISS TECHNIQUE, INC.


		1.  Voting Rights.
The holders of record of said shares of Series B Preferred Stock shall be
entitled to one vote per share at all meetings of, shareholders of the
Corporation. The holders of record shares of the Series B Preferred Stock shall
vote such shares together with the holders of the Corporation's Common Stock,
and not as a separate class.

		2.  Liquidation' Rights.
In case of the dissolution, liquidation or winding-up of the Corporation,
whether voluntary or involuntary or in any instance, the holders of record of
shares of the Series B Preferred Stock then outstanding shall be entitled to
participate in the distributions, either in cash or in kind, of the
assets of the corporation on a priority basis but only to, the extent
of outstanding shares of Preferred Stock multiplied by its par value
per share.

		3.  Annual Dividends.
The Corporation shall pay an annual dividend of $0.l5 per share of outstanding
Series B Preferred Stock payable on a quarterly basis within 45 days after each
calendar quarter.

		4.  Other Dividends
The holders of record of shares of the Series B Preferred Stock outstanding
shall not be entitled to receive other dividends.

            5.  Optional Conversion
The Series B Preferred Stock shall convertible in whole or in part at the
option of the holder thereof to common stock of the Corporation on the basis
of one Series B Preferred share for one common share at any time.  The
conversion rights shall be automatically adjusted to reflect any common stock
splits.

	     6.  Mandatory Redemption.
The corporation must redeem, at $l.00 per share, plus accrued dividends, all
unconverted outstanding shares of Series B Preferred Stock which are
outstanding at the close of business on ___________ or as soon as practicable
after said date.

	     7.  Other Matters.
The holders of the shares of Series B Preferred Stock will have no pre-emptive,
redemption or other rights other that as established by applicable corporate
law.


<PAGE>
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

 

In connection with theAnnual Report of Hawkins, Inc. (the Company) on Form 10-K for the period endedMarch 28, 2004 as filed with the Securities and Exchange Commission on thedate hereof (the Report), I, Marvin E. Dee, Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to§ 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2) The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| /s/ Marvin E. Dee       |   |
|-------------------------|--------|
|                    |   |
| Marvin E. Dee           |   |
| Chief Financial Officer |   |
| June 10, 2004      |   |
|                         |        |  |

 

----
### §654. Omitted

#### **Editorial Notes**

#### Codification

Section, acts Mar. 3, 1893, ch. 208, 27 Stat. 585; Feb. 14, 1903, ch. 552, §7, 32 Stat. 828; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; 1939 Reorg. Plan No. II, §4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, §3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232, related to investigation as to seal life on the Pribilof Islands.
<PAGE>


EXHIBIT 32

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


In connection with the Quarterly Report on Form 10-Q of WRC Media Inc. and its
subsidiaries and Weekly Reader Corporation and its subsidiaries for the period
ended June 30, 2004 as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), each of the undersigned in his capacity as an
officer of the registrant, certify, pursuant to 18 U.S.C. ss. 1350, as adopted
pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, 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, results of operations
               and cash flows of the Company for the periods presented in the
               report.


Date:    August 13, 2004



/s/ Martin E. Kenney, Jr.
---------------------------------------
Martin E. Kenney, Jr.
Chief Executive Officer, WRC Media Inc.
and CompassLearning, Inc. and EVP, Weekly Reader Corporation


/s/ Richard Nota
---------------------------------------
Richard Nota
Senior Vice President-Finance and Principal Financial Officer
WRC Media Inc. and Weekly Reader Corporation





                                       81
### §460nnn–21. Management authorities and purposes

#### (a) In general

The Secretary shall manage all Federal lands included in the Cooperative Management and Protection Area pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable provisions of law, including this subchapter, in a manner that—

(1) ensures the conservation, protection, and improved management of the ecological, social and economic environment of the Cooperative Management and Protection Area, including geological, biological, wildlife, riparian, and scenic resources, North American Indian tribal and cultural and archaeological resource sites, and additional cultural and historic sites; and

(2) recognizes and allows current and historic recreational use.

#### (b) Management plan

Within 4 years after October 30, 2000, the Secretary shall develop a comprehensive plan for the long-range protection and management of the Federal lands included in the Cooperative Management and Protection Area, including the Wilderness Area. The plan shall—

(1) describe the appropriate uses and management of the Cooperative Management and Protection Area consistent with this subchapter;

(2) incorporate, as appropriate, decisions contained in any current or future management or activity plan for the Cooperative Management and Protection Area and use information developed in previous studies of the lands within or adjacent to the Cooperative Management and Protection Area;

(3) provide for coordination with State, county, and private local landowners and the Burns Paiute Tribe; and

(4) determine measurable and achievable management objectives, consistent with the management objectives in section 460nnn–12 of this title, to ensure the ecological integrity of the area.

#### (c) Monitoring

The Secretary shall implement a monitoring program for Federal lands in the Cooperative Management and Protection Area so that progress towards ecological integrity objectives can be determined.

(Pub. L. 106–399, title I, §111, Oct. 30, 2000, 114 Stat. 1659.)

#### **Editorial Notes**

#### References in Text

The Federal Land Policy and Management Act of 1976, referred to in subsec. (a), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.

This subchapter, referred to in subsecs. (a) and (b)(1), was in the original "this Act", meaning Pub. L. 106–399, Oct. 30, 2000, 114 Stat. 1655, known as the Steens Mountain Cooperative Management and Protection Act of 2000, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 460nnn of this title and Tables.
| 1. | I have reviewed this amendment to the quarterly report on Form 10-Q of Carbonics Capital Corporation for the period ended September 30, 2010. |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------|

| 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; |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 3. | Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  | June 17, 2011 |
|-------------|---------------|

|   | /s/  | Stephen J. Schoepfer    |   |
|--------|-----------|-------------------------|--------|
|   |      | Stephen J. Schoepfer    |   |
|   |      | Chief Financial Officer |   |
|   |      |                    |   |

----
[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Page 2432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-650]


-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[License No. 10/10-0194]


 Bancshares Capital, L.P.; Notice of Surrender Under 13 CFR 
107.1900

    Pursuant to the authority granted to the United States Small 
Business Administration under the Small Business Investment Act of 
1958, under section 309 of the Act and Section 13 CFR 107.1900 of the 
Small Business Administration Rules and Regulations Bancshares Capital, 
L.P., 16118 72nd Avenue West, Edmonds, Washington, 98026 (License 
number 10/10-0194), licensed September 28, 2000 as a Small Business 
Investment Company (SBIC), has surrendered; its license is hereby 
declared null and void.

    Date: June 6, 2010.
Sean J. Greene,
Associate Administrator for Investment.
[FR Doc. 2011-650 Filed 1-12-11; 8:45 am]
BILLING CODE 8025-01-P
[Federal Register Volume 76, Number 59 (Monday, March 28, 2011)]
[Notices]
[Page 17106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7217]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Secure Rural Schools Resource Advisory Committee (RAC) Meeting

AGENCY: Forest Service, U.S.D.A.

ACTION: Announcement of Meeting; Federal Advisory Committee meeting to 
be held authorized under the Secure Rural Schools Act and Community 
Self-Determination Act, Public Law 110-343.

-----------------------------------------------------------------------

SUMMARY: On April 14, 2011, the U.S Forest Service will host a meeting 
of the federally designated Secure Rural Schools Resource Advisory 
Committee (RAC). The public is invited to attend the meeting and 
provide input. A Secure Rural Schools RAC provides advice and 
recommendations to the Forest Service on the development and 
implementation of special projects as authorized under the Secure Rural 
Schools and Community Self-Determination Act, Public Law 110-343.

DATES: The meeting will be held on April 14, 2011 from 12-4.

ADDRESSES: The meeting location is U.S. Forest Service, Osceola Ranger 
District, 24874 U.S. Highway 90, Olustee, Florida 32072.

FOR FURTHER INFORMATION CONTACT: Denise Rains, Public Services Staff 
Officer, 850-523-8568, e-mail <a href="/cdn-cgi/l/email-protection#ea8e988b838499aa8c99c48c8f8ec49f99"><span class="__cf_email__" data-cfemail="0a6e786b6364794a6c79246c6f6e247f79">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Florida's RAC consists of 15 people selected 
to serve on the committee by Secretary of Agriculture Tom Vilsack. 
Members are from throughout the state and represent varied interests 
and areas of expertise. They will work collaboratively to improve 
working relationships among community members and national forest 
personnel.
    Five Florida counties, Liberty, Wakulla, Columbia, Baker and 
Marion, elected to set aside a percentage of their Secure Rural Schools 
payment. Counties receive a payment annually for having National Forest 
lands within their boundaries. The RAC will ultimately review and 
recommend projects to be funded from this money. Projects approved must 
benefit National Forests lands and can maintain infrastructure, improve 
the health of watersheds and ecosystems, protect communities, and 
strengthen local economies.

    Dated: March 21, 2011.
Susan Jeheber-Matthews,
Forest Supervisor.
[FR Doc. 2011-7217 Filed 3-25-11; 8:45 am]
BILLING CODE 3410-11-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
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§ 500.109 CMS. ( a ) For purposes of this part, congestion means the level at which transportation system performance is unacceptable due to excessive travel times and delays. Congestion management means the application of strategies to improve system performance and reliability by reducing the adverse impacts of congestion on the movement of people and goods in a region. A congestion management system or process is a systematic and regionally accepted approach for managing congestion that provides accurate, up-to-date information on transportation system operations and performance and assesses alternative strategies for congestion management that meet State and local needs.
( b ) The development of a congestion management system or process should result in performance measures and strategies that can be integrated into transportation plans and programs. The level of system performance deemed acceptable by State and local officials may vary by type of transportation facility, geographic location (metropolitan area or subarea and/or non-metropolitan area), and/or time of day. In both metropolitan and non-metropolitan areas, consideration needs to be given to strategies that manage demand, reduce single occupant vehicle (SOV) travel, and improve transportation system management and operations. Where the addition of general purpose lanes is determined to be an appropriate congestion management strategy, explicit consideration is to be given to the incorporation of appropriate features into the SOV project to facilitate future demand management strategies and operational improvements that will maintain the functional integrity of those lanes.
[72 FR 7285, Feb. 14, 2007]
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     
</LEGEND>
<CIK>                         0000047968      
<NAME>                        Arrow Environmental Group, Inc.
<MULTIPLIER>                                   1
<CURRENCY>                                     US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   DEC-31-1998
<EXCHANGE-RATE>                                1
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    32,400
<CURRENT-ASSETS>                               32,400
<PP&E>                                         22,096
<DEPRECIATION>                                 13,937
<TOTAL-ASSETS>                                 57,584
<CURRENT-LIABILITIES>                          451,923
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    3,000
<COMMON>                                       10,381
<OTHER-SE>                                     220,557
<TOTAL-LIABILITY-AND-EQUITY>                   57,584
<SALES>                                        26,242
<TOTAL-REVENUES>                               26,242
<CGS>                                          14,418
<TOTAL-COSTS>                                  14,418
<OTHER-EXPENSES>                               204,841
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             22,179
<INCOME-PRETAX>                                (215,196)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (215,196)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (215,196)
<EPS-PRIMARY>                                  (.21)
<EPS-DILUTED>                                  (.11)
        


</TABLE>
#### In the Matter of George L. Morris against William Wilson, as Commissioner of the Department of Housing and Buildings of the City of New York, et al.

Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.