alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ted Singer et al., Appellants, v Martin Riskin et al., Defendants, and Maurice Guild, Respondent.

[821 NYS2d 120]

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Harkavy, J.), dated February 23, 2005, as, in effect, denied that branch of their motion which was pursuant to CPLR 1021 to substitute the estate of Maurice Guild in place of the deceased defendant Maurice Guild, and denied that branch of their motion which was for leave to serve an amended complaint.

Ordered that the appeal from so much of the order as denied that branch of the motion which was for leave to serve an amended complaint is dismissed, without costs or disbursements; and it is further,

Ordered that the order is modified by adding a provision thereto granting the plaintiffs leave to serve and file a renewed motion pursuant to CPLR 1021 to substitute the deceased defendant Maurice Guild’s personal representative as a party defendant, upon notice, as prescribed in CPLR article 3, to his personal representative or, in the event that no personal representative has been appointed, for the appointment of a personal representative for the deceased defendant Maurice Guild and, upon said appointment, for substitution of the personal representative as a party defendant; as so modified, the order is affirmed insofar as reviewed, without costs or disbursements, and so much of the order as denied that branch of the motion which was for leave to serve an amended complaint is vacated *(Klaus v Schepps,*15 AD3d 626 [2005]).

The death of a party divests the court of jurisdiction and stays the proceedings until a proper substitution has been made *840pursuant to CPLR 1015 (a) (see *Giroux v Dunlop Tire Corp.,*16 AD3d 1068 [2005]; *Gonzalez v Ford Motor Co.,*295 AD2d 474 [2002] ; *Kelly v Methodist Hosp.,*276 AD2d 672 [2000]). Moreover, any determination rendered without such substitution will generally be deemed a nullity (see *Hicks v Jeffrey,*304 AD2d 618 [2003] ; *Meehan v Washington,*242 AD2d 286 [1997]). “A motion for substitution pursuant to CPLR 1021 is the method by which the court acquires jurisdiction” over the deceased party’s personal representative, and such a motion “is not a mere technicality” *{Bossert v Ford Motor Co.,*140 AD2d 480 [1988]). Here, although the plaintiffs moved pursuant to CPLR 1021 for substitution of the deceased defendant Maurice Guild, they offered no evidence as to the date of his death, and the record is devoid of any indication that an executor or administrator of his estate has been appointed. Since the identity of the deceased defendant’s personal representative, if any, is unknown, substitution cannot be properly effected at this juncture. In the absence of such substitution, this Court has no jurisdiction to review the remainder of the order appealed from *(see Bluestein v City of New York,*280 AD2d 506 [2001]; *Bossert v Ford Motor Co., supra).*Prudenti, P.J., Florio, Krausman and Mastro, JJ., concur.
### **CHAPTER 113—STATE JUSTICE INSTITUTE**

Sec.
10701.
Definitions.
10702.
Establishment of Institute; duties.
10703.
Board of Directors.
10704.
Officers and employees.
10705.
Grants and contracts.
10706.
Limitations on grants and contracts.
10707.
Restrictions on activities of Institute.
10708.
Administrative provisions.
10709.
Presidential coordination.
10710.
Records and reports.
10711.
Audits.
10712.
Report by Attorney General.
10713.
Authorization of appropriations.
§ 970.212 Public notice, hearing and comment. ( a ) *Notice and comments.* The Administrator will publish in the Federal Register, for each application for an exploration license, notice that such application has been received. Subject to 15 CFR 971.802, interested persons will be permitted to examine the materials relevant to such application. Interested persons will have at least 60 days after publication of such notice to submit written comments to the Administrator.
( b ) *Hearings.* ( 1 ) After preparation of the draft EIS on an application pursuant to section 109(d) of the Act, the Administrator shall hold a public hearing on the application and the draft EIS in an appropriate location, and may employ such additional methods as he deems appropriate to inform interested persons about each application and to invite their comments thereon.
( 2 ) If the Administrator determines there exists one or more specific and material factual issues which require resolution by formal processes, at least one formal hearing will be held in the District of Columbia metropolitan area in accordance with the provisions of subpart I of 15 CFR part 971. The record developed in any such formal hearing will be part of the basis of the Administrator's decisions on an application.
( c ) Hearings held pursuant to this section and other procedures will be consolidated insofar as practicable with hearings held and procedures employed by other agencies.
[46 FR 45898, Sept. 15, 1981, as amended at 54 FR 547, Jan. 6, 1989]
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-6418

ANTONIO VERA ALANIS,

Plaintiff - Appellant,

v.

UNITED STATES OF AMERICA, (Federal Bureau of Prisons); 

SAMUEL STANLEY; W. MCCOLLUM; J. BRADFORD,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. William A. Webb, 

Magistrate Judge. (5:10-ct-03073-BO)

Submitted: June 21, 2012 Decided: June 26, 2012

Before GREGORY, SHEDD, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Antonio Vera Alanis, Appellant Pro Se. Seth Morgan Wood, OFFICE 

OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina; William 

Eric Freeman, MOORE & VAN ALLEN, Morrisville, North Carolina; 

Drew Kyle Kifner, MOORE & VAN ALLEN, Research Triangle Park, 

North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Antonio Vera Alanis appeals the district court’s order 

denying relief on his complaint filed pursuant to Bivens v. Six 

Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 

(1971) and the Federal Tort Claims Act. We have reviewed the 

record and find no reversible error. Accordingly, we affirm for 

the reasons stated by the district court. Alanis v. United 

States, No. 5:10-ct-3073-BO (E.D.N.C. Dec. 6, 2011). We 

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process.

AFFIRMED
NRC AMONG THE BEST PLACES TO WORK IN THE FEDERAL GOVERNMENT 

ACCORDING TO PARTNERSHIP FOR PUBLIC SERVICE LISTING

The Nuclear Regulatory Commission has again been ranked as one of the top federal 

agencies in which to work by the non-profit Partnership for Public Service. In the rankings 

announced today, the NRC, an independent agency of about 4,000 employees, was third of 22 

mid-sized agencies in the “Best Place to Work” listing.

The Partnership uses a subset of the Office of Personnel Management (OPM) survey data 

on which to base its ranking, focusing on organizational improvement. The NRC has historically 

placed among the top agencies, ranking second in the 2011 listing of agencies and first in 

previous rankings. 

“Employee satisfaction is an important metric of high performing organizations and 

contributes to the agency’s ability to carry out our important mission to protect public health and 

ensure the safety and security of the nation’s nuclear facilities. I am proud of the NRC’s ranking 

as one of the best places to work in the federal government,” said Chairman Allison Macfarlane. 

“It is crucial that we sustain our agency’s performance in this key dimension. We will work over 

the next year to identify and address areas where we can improve our performance.” 

The NRC continues to post top scores in four key measures of organizational success, 

according to the 2012 OPM survey. The NRC was first among federal agencies in the categories 

of talent management, and leadership and knowledge management; second in job satisfaction; 

and third in results-oriented performance culture. The NRC was also first in the category of 

global satisfaction and second in employee engagement.

“I would like to thank the NRC managers and staff for their continued dedication to the 

mission,” Macfarlane said. “The agency’s reputation for hard work, technical acumen and 

professionalism is well deserved and I am happy to a part of the NRC family.”

The full list of rankings is available here: 

http://bestplacestowork.org/BPTW/rankings/overall/mid.

###

News releases are available through a free Listserv subscription or by clicking on the EMAIL UPDATES 

link on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are 

posted to NRC's website. For the latest news, follow the NRC on www.twitter.com/NRCgov.

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200

Washington, D.C. 20555-0001

E-mail: opa.resource@nrc.gov Site: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. 12-127 December 13, 2012
#### Blanche L. Lightfoot, Appellant, v. Matthew A. Kane, Individually and as Executor, etc., and Others, Respondents.

Order affirmed, with ten dollars costs and disbursements. No opinion. Present—Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ.
[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Notices]
[Page 777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00352]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Diabetes and Digestive and Kidney Diseases; 
Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Diabetes and Digestive 
and Kidney Diseases Special Emphasis Panel; NIDDK KUH Fellowship 
Review.
    Date: February 8, 2019.
    Time: 8:00 a.m. to 4:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, 
MD 20814.
    Contact Person: Xiaodu Guo, MD, Ph.D., Scientific Review 
Officer, Review Branch, DEA, NIDDK, National Institutes of Health, 
Room 7023, 6707 Democracy Boulevard, Bethesda, MD 20892-5452, (301) 
594-4719, <a href="/cdn-cgi/l/email-protection#97f0e2f8efd7f2efe3e5f6b9f9fef3f3fcb9f9feffb9f0f8e1"><span class="__cf_email__" data-cfemail="6403110b1c24011c1016054a0a0d00000f4a0a0d0c4a030b12">[email protected]</span></a>.

    This meeting notice is being published less than 15 days in 
advance of the meeting due to the partial Government shutdown of 
December 2018.

Catalogue of Federal Domestic Assistance Program Nos. 93.847, 
Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive 
Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology 
and Hematology Research, National Institutes of Health, HHS)

    Dated: January 25, 2019.
Melanie J. Pantoja,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2019-00352 Filed 1-30-19; 8:45 am]
 BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
EXHIBIT 34.1

 



 

REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 



The Management Committee

BMW Financial Services NA, LLC



We have examined management's assertion, included in the accompanying Certification Regarding Compliance with Applicable Servicing Criteria, that BMW Financial Services NA, LLC (the "Company") complied with
      the servicing criteria set forth in Item 1122(d) of the Securities and Exchange Commission's Regulation AB for Asset-Backed Securities, BMW Vehicle Lease Trust 2019-1, excluding criteria 1122(d)(1)(ii), 1122(d)(1)(iii), 1122(d)(1)(iv),
      1122(d)(2)(vi), 1122(d)(4)(ix), 1122(d)(4)(x)(A)-(C), 1122(d)(4)(xi), 1122(d)(4)(xii), 1122(d)(4)(xiii), and 1122(d)(4)(xv) which management has determined are not applicable to the activities performed by the Company with respect to the asset-backed
      securities transactions being serviced as of December 31, 2019 and for the period from March 20, 2019 to December 31, 2019. Management is responsible for the Company's compliance with those servicing criteria. Our responsibility is to express an
      opinion on management's assertion about the Company's compliance with those servicing criteria based on our examination.



Our examination was conducted in accordance with the attestation standards of the Public Company Accounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence
      about the Company's compliance with the applicable servicing criteria, including tests on a sample basis of the servicing activities related to BMW Vehicle Lease Trust 2019-1, determining whether the Company performed those selected activities in
      compliance with the servicing criteria during the specified period, and performing such other procedures as we considered necessary in the circumstances. Our procedures were limited to selected servicing activities performed by the Company during the
      period covered by this report and, accordingly, such samples may not have included servicing activities related to each asset-backed transaction included in BMW Vehicle Lease Trust 2019-1. Further, an examination is not designed to detect
      noncompliance arising from errors that may have occurred prior to the period specified above that may have affected the balances or amounts calculated or reported by the Company during the period covered by this report. We believe that our
      examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Company's compliance with the servicing criteria specified in the first paragraph.



In our opinion, management's assertion that BMW Financial Services NA, LLC complied with the aforementioned applicable servicing criteria as of December 31, 2019 and for the period from March 20, 2019 to
      December 31, 2019 is fairly stated, in all material respects.



/s/ CohnReznick LLP



Roseland, New Jersey

March 18, 2020
I 

112TH CONGRESS 

1ST SESSION H. R. 3438 

To require the Department of Defense to meet the annual goal for participation in procurement contracts by small business concerns owned and 

controlled by veterans with service-connected disabilities. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2011 

Mr. FILNER introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Small 

Business, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require the Department of Defense to meet the annual 

goal for participation in procurement contracts by small 

business concerns owned and controlled by veterans with 

service-connected disabilities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


emcdonald on DSK5VPTVN1PROD with BILLS
2 

•HR 3438 IH

1 SECTION 1. REQUIREMENT FOR DEPARTMENT OF DE2 FENSE TO MEET CONTRACTING GOAL FOR 

3 SMALL BUSINESS CONCERNS OWNED AND 

4 CONTROLLED BY VETERANS WITH SERVICE5 CONNECTED DISABILITIES. 

6 (a) REQUIREMENT.—Each fiscal year, the Depart7 ment of Defense shall meet the goal for participation in 

8 procurement contracts that fiscal year by small business 

9 concerns owned and controlled by veterans with service10 connected disabilities under section 15(g)(1) of the Small 

11 Business Act (15 U.S.C. 644(g)(1)). 

12 (b) DEFINITION OF SMALL BUSINESS CONCERN

13 OWNED AND CONTROLLED BY VETERANS WITH SERVICE14 CONNECTED DISABILITIES.— 

15 (1) The term ‘‘small business concern owned 

16 and controlled by veterans’’ has the meaning pro17 vided in section 8127 of title 38, United States 

18 Code. 

19 (2) The term ‘‘service-connected’’ has the 

20 meaning provided in section 101(16) of title 38, 

21 United States Code. 

Æ 


emcdonald on DSK5VPTVN1PROD with BILLS
CERTIFICATION
      OF


CHIEF
      EXECUTIVE OFFICER AND


CHIEF
      FINANCIAL OFFICER


PURSUANT
      TO 18 U.S.C. SECTION 1350





In
      connection with the accompanying Amended Yearly Report on Form 10-KSB of Service
      Air Group, Inc. (f/k/a Segway V Corp.) for the year ending December 31, 2005,
      I,
      Mohammad Sultan, Chief Financial Officer and Chief Executive Officer of Service
      Air Group, 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
                Amneded Year End Report of Form 10-KSB for the year ending December
                31,
                2005, fully complies with the requirements of Section 13(a) or 15(d)
                of
                the Securities Exchange Act of 1934; and2.
            The
                information contained in such Amended Yearly Report on Form 10-KSB
                for the
                year ended December 31, 2005 fairly represents in all material respects,
                the financial condition and results of operations of Service Air
                Group,
                Inc.





Dated:
      March 30, 2007





SERVICE
      AIR GROUP, INC.








By: /s/
      Mohammad Sultan


Chief
      Financial Officer


Chief
      Executive Officer
Document Headings

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                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
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                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration 

          - [TA-W-53,929] 

Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on January 2, 2004 in response to a petition filed by a company official on behalf of workers of F/V Viking, Cordova, Alaska. 

The investigation revealed that the subject firm did not separate or threaten to separate a significant number or proportion of workers as required by Section 222 of the Trade Act of 1974. Significant number or proportion of the workers means that at least three workers in a firm with a workforce of fewer than 50 workers would have to be affected. Separations by the subject firm did not meet this threshold level; consequently the investigation has been terminated. 

Signed at Washington, DC, this 8th day of January, 2004. 

Linda G. Poole, 

Certifying Officer, Division of Trade Adjustment Assistance. 

[FR Doc. 04-2597 Filed 2-5-04; 8:45 am] 

BILLING CODE 4510-30-P
# 

The NLRB is an independent Federal agency created in 1935 to enforce the National Labor Relations Act. We conduct secret-ballot elections to determine whether employees want union representation and we investigate and remedy unfair labor practices by employers and unions. To find out more about your rights under the Act (as well as other labor laws) and how to file a charge or election petition, start by clicking the Help Desk button. **If you have a job-related question or problem that appears to be within our jurisdiction, please contact the local NLRB office nearest you.**

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Last Updated: August 15, 2003
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

VERNON LORENZO ROLLE
, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 20

- 1785

[ December 16, 2020 ]

Appeal of order denying rule 3.8 0 0 motion from the Circuit Court for

the Nineteenth Judicial Circuit, St. Lucie County ; Charles A. Schwab

, Judge; L.T. Case No. 1998

- CF

- 002853 A

.

Vernon Lorenzo Rolle, Columbus, Georgia, pro se.

No appearance required for appellee.

P ER C URIAM

.

Affirmed. Casiano v. State , 280 So. 3d 105, 107 (Fla. 4th DCA 2019) (affirmance does not preclude challenge to the application of the prison releasee reoffender statute in any future case in which the State seeks to apply it).

L EVINE

, C.J., C ONNER and K UNTZ

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 33 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                 H. R. 33

To amend the Securities Act of 1933 to specify when certain securities 
    issued in connection with church plans are treated as exempted 
                  securities for purposes of that Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 2011

 Mrs. Biggert introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
To amend the Securities Act of 1933 to specify when certain securities 
    issued in connection with church plans are treated as exempted 
                  securities for purposes of that Act.

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

SECTION 1. SECURITIES ACT OF 1933 AMENDMENT.

    Section 3(a)(2) of the Securities Act of 1933 (15 U.S.C. 77c(a)(2)) 
is amended--
            (1) by inserting ``(other than a retirement income account 
        described in section 403(b)(9) of the Internal Revenue Code of 
        1986, to the extent that the interest or participation in such 
        single trust fund or collective trust fund is issued to a 
        church, a convention or association of churches, or an 
        organization described in section 414(e)(3)(A) of such Code 
        establishing or maintaining the retirement income account or to 
        a trust established by any such entity in connection with the 
        retirement income account)'' after ``403(b) of such Code''; and
            (2) by inserting ``(other than a person participating in a 
        church plan who is described in section 414(e)(3)(B) of the 
        Internal Revenue Code of 1986)'' after ``section 401(c)(1) of 
        such Code''.
                                 <all>
```