alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Furman Avenue Realty Corporation, Respondent, against Board of Standards and Appeals of the City of New York et al., Respondents-Appellants, and John J. Dwyer et al., Interveners, Appellants.

The application to alter a cow stable' for the purpose of installing therein a processing plant must be denied under subdivision (a) of section 6 of the zoning resolution, which prohibits change or extension of use “ in such building ”, The 1920 certificate of occupancy, which adds nothing to the undisputed facts, is ambiguous and could not be deemed controlling beyond its purpose, which was to describe the use of an existing building, obviously not the cow stable, which had not been used prior to 1916 as a processing plant. If disposition, as a matter of law, of this application for alteration was not imperative, there would remain questions of fact requiring remission to the board of standards and appeals for determination. These are (1) as to "acquirement of a vested right to purchase milk from the outside for processing and (2) whether proposed alterations come within the *780limitation of one half of the value of the building. Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.
No: II-08-015 April 1, 2008 

CONTACT: Ken Clark (404)562-4416 E-mail: OPA2@nrc.gov 

 Roger Hannah (404)562-4417 

NRC TO DISCUSS 2007 PERFORMANCE OF 

SEQUOYAH NUCLEAR POWER PLANT 

The U.S. Nuclear Regulatory Commission staff has scheduled a meeting for Tuesday, 

April 8, with representatives of the Tennessee Valley Authority to discuss the agency’s 

assessment of safety performance during 2007 at the Sequoyah Nuclear Power Plant. The plant, 

operated by TVA, is northwest of Chattanooga, Tenn., near the town of Soddy-Daisy. 

The meeting, which will be open to the public, is scheduled to begin at 2:00 p.m. in the 

plant’s Training Center. 

After the formal presentation, NRC staff will be available to answer questions from the 

public on the safety performance of Sequoyah, as well as the NRC’s role in ensuring safe plant 

operation. 

“The NRC continually inspects and reviews the performance of Sequoyah and all 

commercial nuclear plants, issuing inspection reports throughout the year and an overall 

assessment at year’s end,” NRC Region II Administrator Victor McCree said. “This meeting is 

an opportunity to discuss that annual assessment with the company, local officials and people 

near the plant, and to answer any questions they may have.” 

The NRC said the Sequoyah plant operated safely during the 2007 assessment period, 

from Jan. 1 through Dec. 31, with all inspection findings being of very low safety significance 

and all performance indicators indicating performance at levels requiring no additional NRC 

oversight. As a result, the NRC plans to conduct routine baseline inspections at the plant during 

2008. 

A letter sent from the NRC Region II office to plant officials addresses the performance 

of the plant during 2007 and will serve as the basis for the meeting discussion. It is available on 

the NRC web site at: www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/seq_2007q4.pdf . 

Current performance information for the two units at the Sequoyah plant is available on 

the NRC web site at: www.nrc.gov/NRR/OVERSIGHT/ASSESS/SEQ1/seq1_chart.html and 

www.nrc.gov/NRR/OVERSIGHT/ASSESS/SEQ2/seq2_chart.html . 

### 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs, Region II 

61 Forsyth Street SW, Atlanta GA 30303 

Web Site: www.nrc.gov
**EXHIBIT 31.2**

**CERTIFICATIONS**

I, Ronald W.Ristau, certify that:

1.     I havereviewed this quarterly report on Form 10-Q of New York & Company, Inc.;

2.     Based onmy knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.     Based onmy knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the period presented in this report;

4.     Theregistrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant andhave:

a)     designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b)     evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c)     disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting and

5.     Theregistrant’s other certifying officer(s) and I have disclosed, based onour most recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):

a)     allsignificant deficiencies and material weaknesses in the design or operation ofinternal controls over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information and

b)     any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.
| Date: September 13,  2005 |   | /s/ RONALD  W. RISTAU                                  |
|--------------------------------|--------|--------------------------------------------------------|
|                           |   | Ronald W. Ristau                                       |
|                           |   | *Chief Operating Officer and  Chief Financial Officer* |

 

----
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, D.C. 20555-0001 E-mail: opa@nrc.gov 

Web Site: http://www.nrc.gov

 

No. 06-048 April 6, 2006

 

NRC ADVISORY COMMITTEE ON MEDICAL USES OF ISOTOPES 

TO MEET APRIL 25-26, 2006

The Nuclear Regulatory Commission’s Advisory Committee on Medical Uses of Isotopes will

hold a public meeting April 25 and 26 in Bethesda, Md. Committee members will discuss agenda

items including: (1) Updates on Proposed Regulations to Include Discrete Radium Sources and

Accelerator-Produced Radioactive Materials in 10 CFR 35; (2) the Regulatory Issue Summary on

Visitor Dose Limits; (3) Part 35, Training and Experience; (4) Supply of High Enriched Uranium for

Molybdenum-99 Generation; (5) Training and Experience for Use of Microspheres for Therapy; and

(6) ACMUI Review of Medical Events Involving I-131.

The public portion of the meeting will be from 10:30 a.m. to 5 p.m. on Tuesday and from 8 a.m.

to 12 p.m. on Wednesday. The meeting will be held at the National Institute of Health, Natcher

Conference Center, 45 Center Dr. Bethesda, Md., in Balcony B for the Tuesday session and Room

E1/E2 for the Wednesday portion. Any member of the public wishing to submit a written statement or

needing special assistance must contact Mohammad S. Saba, at 301-415-7608 or mss@nrc.gov . A

transcript and written comments will be available on the NRC’s Web site, at http://www.nrc.gov and

through the NRC Public Document Room on or about July 20, 2006.

###
EXHIBIT 31.2

CERTIFICATIONS
--------------

I, Keith E. Palmer, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of American Bio Medica
Corporation;

2. Based on my knowledge, this quarterly 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 small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officers and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and
have:

a) designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the small business issuer, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

b) [omitted]; and

c) evaluated the effectiveness of the small business issuer's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

d) Disclosed in this report any change in the small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

5. The small business issuer's other certifying officers and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer's board of directors (or persons performing the
equivalent functions):

a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer's ability to record,
process, summarize and report financial information; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuer's internal
control over financial reporting; and


/s/ Keith E. Palmer
-------------------
Chief Financial Officer & Executive Vice President

Date: May 13, 2005

                                       16
CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

     IN CONNECTION WITH THE ACCOMPANYING QUARTERLY REPORT ON FORM 10-QSB OF
ALTUS AEROSPACE INTERNATIONAL, INC. FOR THE QUARTER ENDED JUNE 30, 2003, I,
PETER GOLDSTEIN, CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER OF ALTUS
AEROSPACE INTERNATIONAL, INC. HEREBY CERTIFY PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002, TO THE
BEST OF MY KNOWLEDGE AND BELIEF, THAT:

     1.   Such Quarterly Report on Form 10-QSB for the period ended June 30,
          2003, 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 such Quarterly Report on Form 10-QSB for
          the period ended June 30, 2003, fairly presents, in all material
          respects, the financial condition and results of operations of Altus
          Aerospace International, Inc.

Dated:  August 18, 2003

ALTUS AEROSPACE INTERNATIONAL, INC.


By: /s/ Peter Goldstein
-------------------------------------
Chief Executive Officer and
Chief Financial Officer
### §88c–3. Transferred

#### **Editorial Notes**

#### Codification

Section 88c–3 was editorially reclassified as section 4915 of this title.
<PAGE> 1


                                                                   Exhibit 32.1

                      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 Report of Allegheny Bancshares, Inc. (the
"Company") on Form 10-QSB for the period ending September 30, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, William A. Loving, Jr., Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C.ss.1350, as adopted pursuant to 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 and results of operations of the
Company.

      No purchaser or seller of securities or any other person shall be entitled
to rely upon the foregoing certification for any purpose. The undersigned
expressly disclaim any obligation to update the foregoing certification except
as required by law.

                                          /s/ WILLIAM A. LOVING. JR.
                                          ------------------------
                                          William A. Loving, Jr.
                                          Chief Executive Officer

                                          November 10, 2003




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
required by Section 906, has been provided to Allegheny Bancshares, Inc. and
will be retained by Allegheny Bancshares, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.
Exhibit 32.1

CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER

UNDER

SECTION 906 OF THE SARBANES-OXLEY ACT

PACIFIC MERCANTILE BANCORP

Annual Report on Form 10-K

for the Year ended December 31, 2009

In connection with the accompanying Annual Report on Form 10-K of Pacific Mercantile Bancorp (the Company) for the fiscal year ended December 31, 2009 (the Annual Report), , and pursuant to 18 U.S.C. §1350,
as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2003, I, Raymond E. Dellerba, certify that:

(1) The Annual
Report fully complies with the requirements of Section 13(a) and 15(d) of the Securities Exchange Act of 1934; and

(2)
The information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated: March 31, 2010



/s/ RAYMOND E. DELLERBARaymond E. DellerbaPresident and Chief Executive OfficerA signed original of this written statement required by Section 906 has been provided to Pacific Mercantile Bancorp and will be retained by Pacific Mercantile Bancorp and
furnished to the Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1927 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 1927

    To amend the Internal Revenue Code of 1986 to include wireless 
      telecommunications equipment in the definition of qualified 
 technological equipment for purposes of determining the depreciation 
                      treatment of such equipment.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 2003

  Mr. Hulshof (for himself and Mr. Becerra) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
    To amend the Internal Revenue Code of 1986 to include wireless 
      telecommunications equipment in the definition of qualified 
 technological equipment for purposes of determining the depreciation 
                      treatment of such equipment.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WIRELESS TELECOMMUNICATIONS EQUIPMENT.

    (a) In General.--Subparagraph (A) of section 168(i)(2) of the 
Internal Revenue Code of 1986 (defining qualified technological 
equipment) is amended by striking ``and'' at the end of clause (ii), by 
striking the period at the end of clause (iii) and inserting ``, and'', 
and by adding after clause (iii) the following new clause:
                            ``(iv) any wireless telecommunications 
                        equipment.''
    (b) Wireless Telecommunications Equipment.--Section 168(i)(2) of 
the Internal Revenue Code of 1986 is amended by adding at the end the 
following new subparagraph:
                    ``(D) Wireless telecommunications equipment.--For 
                purposes of this paragraph, the term `wireless 
                telecommunications equipment' means all equipment used 
                in the transmission, reception, coordination, or 
                switching of wireless telecommunications service, other 
                than cell towers, buildings, T-1 lines or other cabling 
                connecting cell sites to mobile switching centers. For 
                purposes of the preceding sentence, the term `wireless 
                telecommunications service' includes any commercial 
                mobile radio service as defined in title 47 of the Code 
                of Federal Regulations.''
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service on or after the date of the 
enactment of this Act.
                                 <all>
```
**EXHIBIT 31.2**
 **CERTIFICATION PURSUANT TO**
 **SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**
 
 
 
 I, Almon C. Hall, certify that:
 
 1)
I have reviewed this quarterly report on Form 10-Q of Nortek, Inc.; 
 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; 
 4)
The registrants other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) for the registrant and have: 
 (a)
Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 
 (b)
Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 
 (c)
Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and 
 5)
The registrants other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions): 
 (a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and
 
 (b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.
 
 
 
 
 
 Dated: November 16, 2004
 
 
 /s/Almon C. Hall
 Almon C. Hall
 Vice President and Chief Financial Officer
 Nortek, Inc.
§ 550.186 Relationship to other payments. ( a ) Standby duty pay under § 550.141 and administratively uncontrollable overtime pay under § 550.151 may not be paid to a criminal investigator receiving availability pay. Receipt of availability pay does not affect an investigator's entitlement to other types of premium pay (including overtime pay under § 550.111) based on hours other than unscheduled duty hours. However, a criminal investigator receiving availability pay may not be paid any other premium pay based on unscheduled duty hours.
( b ) Availability pay is treated as part of basic pay or basic salary only for the following purposes: ( 1 ) 5 U.S.C. 5524a, pertaining to advances in pay;
( 2 ) 5 U.S.C. 5595(c), pertaining to severance pay;
( 3 ) 5 U.S.C. 8114(e), pertaining to workers' compensation;
( 4 ) 5 U.S.C. 8331(3) and 5 U.S.C. 8401(4), pertaining to retirement benefits;
( 5 ) Subchapter III of chapter 84 of title 5, United States Code, pertaining to the Thrift Savings Plan;
( 6 ) 5 U.S.C. 8704(c), pertaining to life insurance;
( 7 ) Sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act of 1980, as amended (Pub. L. 96-465), pertaining to Foreign Service retirement benefits; and
( 8 ) For any other purposes explicitly provided for by law or as the Office of Personnel Management or the Secretary of State (for matters exclusively within the jurisdiction of the Secretary) may prescribe by regulation.
( c ) The minimum wage and the hours of work and overtime pay provisions of the Fair Labor Standards Act do not apply to criminal investigators receiving availability pay.
[59 FR 66151, Dec. 23, 1994, as amended at 64 FR 4521, Jan. 29, 1999; 64 FR 36771, July 8, 1999]
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 the Quarterly Report of Manchester Inc. (the "Company") on
Form 10-QSB for the period ended February 29, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), the undersigned, in
the capacities and on the dates indicated below, hereby certifies pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to his knowledge:

  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.

Date: April 22, 2004


/s/ Jackson Buch
------------------------------------
Jackson Buch
Principal Financial Officer