alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §12645f. Restrictions on Federal Government and use of Federal funds

#### (a) General prohibition

Nothing in the national service laws shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school's curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this chapter.

#### (b) Prohibition on endorsement of curriculum

Notwithstanding any other prohibition of Federal law, no funds provided to the Corporation under this chapter may be used by the Corporation to endorse, approve, or sanction any curriculum designed to be used in an elementary school or secondary school.

#### (c) Prohibition on requiring Federal approval or certification standards

Notwithstanding any other provision of Federal law, not 1 State shall be required to have academic content or student academic achievement standards approved or certified by the Federal Government, in order to receive assistance under this chapter.

(Pub. L. 101–610, title I, §189C, as added Pub. L. 111–13, title I, §1612, Apr. 21, 2009, 123 Stat. 1540.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title.

1 So in original. Probably should be "no".
#### Verona Pinn et al., Appellants, v Baker’s Variety et al., Respondents.

[820 NYS2d 129]

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Parga, J.), dated December 11, 2003, as granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Verona Finn allegedly sustained injuries when she tripped and fell on a defective portion of a public sidewalk *464abutting the defendants’ variety store. Verona Finn and her husband brought the present action against the store and its owners.

The Supreme Court properly granted the defendants’ motion for summary judgment. “An owner of land abutting a public sidewalk does not, solely by reason of being an abutting owner, owe a duty to keep the sidewalk in a safe condition” *(Lehner v Boyle,*7 AD3d 677, 677 [2004]; *see Stanchic v Lim,*20 AD3d 411, 412 [2005]; *Conlon v Village of Pleasantville,*146 AD2d 736, 737 [1989]). An abutting landowner will not be liable to a pedestrian injured on a public sidewalk unless that landowner created the defective condition complained of, caused the defect to occur because of some special use, or a local ordinance or statute casts a duty upon the landowner to maintain and repair the sidewalk and imposes liability for injuries resulting from a breach of that duty *(see Stanchic v Lim, supra*at 412; *Lehner v Boyle, supra; Eidelman v Hochauser,*242 AD2d 596, 597 [1997]). Here, the defendants demonstrated their entitlement to judgment as a matter of law by presenting evidence that none of the elements necessary to impose liability upon an abutting landowner were present. In opposition, the plaintiffs failed to raise a triable issue of fact *(see Alvarez v Prospect Hosp.,*68 NY2d 320 [1986]).

The plaintiffs pleaded, inter alia, that the defendants were responsible for the sidewalk defect because they made a special use of the sidewalk. Their theory that the defendants’ special use of the sidewalk, in effect, tunneled the injured plaintiffs path of travel into the defective portion of the sidewalk was a theory materially different from those pleaded in the complaint and the bill of particulars. Raised for the first time in opposition to the motion for summary judgment, this theory should not have been considered as a basis for defeating summary judgment *(see Yaeger v UCC Constructors,*281 AD2d 990, 991 [2001]; *Otonoga v City of New York,*234 AD2d 592, 593 [1996]; *cf. Rosse-Glickman v Beth Israel Med. Ctr.*— Kings *Highway Div.,*309 AD2d 846 [2003]; *Orros v Yick Ming Yip Realty,*258 AD2d 387, 388 [1999]).

The plaintiffs’ remaining contentions are either unpreserved for appellate review or without merit. Florio, J.P., Crane, Mastro and Rivera, JJ., concur.
#### In the Matter of the Claim of Roslyn Kremsky, Appellant. Commissioner of Labor, Respondent.

[819 NYS2d 350]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 14, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant worked for a data processing company as the vice-president of sales for nine years. She resigned in February 2005, telling her employer that she wished to pursue a business that she had started in July 2004 selling cheesecakes from her home. Claimant was disqualified from receiving unemployment insurance benefits because the Unemployment Insurance Appeal Board found that she voluntarily left her employment without good cause. She now appeals.

We affirm. Initially, we note that resigning from a job to pursue another business endeavor does not constitute good cause for leaving employment *(see Matter of Magliaro [Commissioner of Labor],*252 AD2d 705, 706 [1998]). Claimant represented to her employer that she was leaving her job to run her cheesecake business. However, she testified at the hearing that she said this only because of her pride, and that she truly resigned because she was being treated unfairly and the work environment was uncomfortable. Even if claimant’s testimony were accepted as true, general dissatisfaction with one’s work environment does not constitute good cause for leaving employment *(see Matter of Fradys [Commissioner of Labor],*308 AD2d 672, 673 [2003]). In view of the foregoing, we find no reason to disturb the Board’s decision.

Mercure, J.P., Peters, Rose, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.
### §1989. United States magistrate judges; appointment of persons to execute warrants

The district courts of the United States and the district courts of the Territories, from time to time, shall increase the number of United States magistrate judges, so as to afford a speedy and convenient means for the arrest and examination of persons charged with the crimes referred to in section 1987 of this title; and such magistrate judges are authorized and required to exercise all the powers and duties conferred on them herein with regard to such offenses in like manner as they are authorized by law to exercise with regard to other offenses against the laws of the United States. Said magistrate judges are empowered, within their respective counties, to appoint, in writing, under their hands, one or more suitable persons, from time to time, who shall execute all such warrants or other process as the magistrate judges may issue in the lawful performance of their duties, and the persons so appointed shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged; and such warrants shall run and be executed anywhere in the State or Territory within which they are issued.

(R.S. §§1983, 1984; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

#### **Editorial Notes**

#### Codification

R.S. §§1983 and 1984 derived from acts Apr. 9, 1866, ch. 31, §§4, 5, 14 Stat. 28; May 31, 1870, ch. 114, §§9, 10, 16 Stat. 142.

Section was formerly classified to section 50 of Title 8, Aliens and Nationality.

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

"United States magistrate judges" and "magistrate judges" substituted in text for "magistrates" wherever appearing pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, "magistrates" substituted for "commissioners" pursuant to Pub. L. 90–578. See chapter 43 (§631 et seq.) of Title 28.

"District courts" substituted for "circuit courts" on authority of act Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167.
##### 



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 Quarterly Report on Form 10-Q of Brillian
Corporation (the Company) for the quarter ended March 31, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Vincent F. Sollitto Jr., President, Chief Executive Officer, and Director of
the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 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 (15 U.S.C.
78m(a) or 78o(d)); and(2)
    
    The information contained in the Report fairly presents, in
all material respects, the financial condition and results of
operations of the Company. /s/ Vincent F. Sollitto Jr.Vincent F. Sollitto Jr.President, Chief Executive Officer, and Director
 August 12, 2004
### §§1437aa to 1437ee. Repealed. Pub. L. 104–330, title V, §501(a), Oct. 26, 1996, 110 Stat. 4041

Section 1437aa, act Sept. 1, 1937, ch. 896, title II, §201, as added June 29, 1988, Pub. L. 100–358, §2, 102 Stat. 676; amended Nov. 28, 1990, Pub. L. 101–625, title V, §572(2), 104 Stat. 4236; Oct. 28, 1992, Pub. L. 102–550, title I, §122(a), 106 Stat. 3708, related to establishment of separate program of assisted housing for Indians and Alaska Natives.

Section 1437bb, act Sept. 1, 1937, ch. 896, title II, §202, as added June 29, 1988, Pub. L. 100–358, §2, 102 Stat. 676; amended Nov. 28, 1990, Pub. L. 101–625, title V, §§516, 572(1), 104 Stat. 4199, 4236; Oct. 28, 1992, Pub. L. 102–550, title I, §122(b), 106 Stat. 3709, related to mutual help homeownership opportunity program.

Section 1437cc, act Sept. 1, 1937, ch. 896, title II, §203, as added June 29, 1988, Pub. L. 100–358, §2, 102 Stat. 679; amended Nov. 28, 1990, Pub. L. 101–625, title V, §572(2), 104 Stat. 4236; Oct. 28, 1992, Pub. L. 102–550, title I, §122(c), 106 Stat. 3709, related to public housing maximum contributions, provision of related facilities and services, and accessibility to physically handicapped persons.

Section 1437dd, act Sept. 1, 1937, ch. 896, title II, §204, as added June 29, 1988, Pub. L. 100–358, §2, 102 Stat. 679; amended Nov. 28, 1990, Pub. L. 101–625, title V, §572(1), 104 Stat. 4236, related to annual report under section 3536 of this title.

Section 1437ee, act Sept. 1, 1937, ch. 896, title II, §205, as added June 29, 1988, Pub. L. 100–358, §2, 102 Stat. 680, related to issuance of regulations to carry out this subchapter.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of Repeal

Repeal effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as an Effective Date note under section 4101 of Title 25, Indians.
-79 -78 -77 -76 -75

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EDAS Meteorological DataSource★at 38.97 N 77.02 WMeters AGL
**
**Exhibit 35.1**

**SERVICER COMPLIANCE STATEMENT**

In connection with the Annual Report on Form 10-K of Drive Auto Receivables Trust 2019-3 for the fiscal year ended December 31, 2022, (the “Report”), the undersigned, a duly authorized officer of Santander Consumer USA Inc. (the “Servicer”), does hereby certify andrepresent that: 

 
 1.
A review of the activities and performance of the Servicer under the Sale and Servicing Agreement, dated as ofJune 19, 2019, among Santander Drive Auto Receivables LLC, Santander Consumer USA Inc., Drive Auto Receivables Trust 2019-3 and Wilmington Trust, National Association (the “Agreement”) duringthe period that is the subject of the Report has been made under my supervision. 

 
 2.
To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under theAgreement in all material respects throughout the period that is the subject of the Report. 

 
SANTANDER CONSUMER USA INC.By: 
/s/ Marc Womack
Name: Marc WomackTitle: EVP, Head of OperationsDate: March 31, 2023By: 
/s/ Vikas Gupta
Name: Vikas GuptaTitle: TreasurerDate: March 31, 2023**
#### Century Development Co., Inc., Appellant, v. Adolph Halbrecht et al., Respondents.

*(Radel*v. *134 West 25th St. Bldg. Corp.,*222 App. Div. 617, appeal dismissed 249 N. Y. 615.) Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur. [See *post,*p. 799.J
### §15093. Grants to States

#### (a) In general

The Secretary shall make grants to States on a competitive basis, in accordance with the provisions of this subchapter, to support systems change activities designed to assist States to develop and implement, or expand and enhance, a statewide system of family support services for families of children with disabilities that accomplishes the purposes of this subchapter.

#### (b) Award period and grant limitation

No grant shall be awarded under this section for a period of more than 3 years. No State shall be eligible for more than 1 grant under this section.

#### (c) Amount of grants

#### (1) Grants to States

#### (A) Federal matching share

From amounts appropriated under section 15101(a) of this title, the Secretary shall pay to each State that has an application approved under section 15094 of this title, for each year of the grant period, an amount that is—

(i) equal to not more than 75 percent of the cost of the systems change activities to be carried out by the State; and

(ii) not less than $100,000 and not more than $500,000.

#### (B) Non-Federal share

The non-Federal share of the cost of the systems change activities may be in cash or in kind, fairly evaluated, including plant, equipment, or services.

#### (2) Calculation of amounts

The Secretary shall calculate a grant amount described in paragraph (1) on the basis of—

(A) the amounts available for making grants under this section; and

(B) the child population of the State concerned.

#### (d) Priority for previously participating States

For the second and third fiscal years for which amounts are appropriated to carry out this section, the Secretary, in providing payments under this section, shall give priority to States that received payments under this section during the preceding fiscal year.

#### (e) Priorities for distribution

To the extent practicable, the Secretary shall award grants to States under this section in a manner that—

(1) is geographically equitable;

(2) distributes the grants among States that have differing levels of development of statewide systems of family support services for families of children with disabilities; and

(3) distributes the grants among States that attempt to meet the needs of unserved and underserved populations, such as individuals from racial and ethnic minority backgrounds, disadvantaged individuals, individuals with limited English proficiency, and individuals from underserved geographic areas (rural or urban).

(Pub. L. 106–402, title II, §204, Oct. 30, 2000, 114 Stat. 1730.)
### §12782. Priorities for capacity development

To carry out section 12781 of this title, the Secretary shall provide assistance under this part to—

(1) facilitate the exchange of information that would help participating jurisdictions carry out the purposes of this subchapter, including information on program design, housing finance, land use controls, and building construction techniques;

(2) improve the ability of States and units of general local government to design and implement comprehensive housing affordability strategies, particularly those States and units of general local government that are relatively inexperienced in the development of affordable housing;

(3) encourage private lenders and for-profit developers of low-income housing to participate in public-private partnerships to achieve the purposes of this subchapter;

(4) improve the ability of States and units of general local government, community housing development organizations, private lenders, and for-profit developers of low-income housing to incorporate energy efficiency into the planning, design, financing, construction, and operation of affordable housing;

(5) facilitate the establishment and efficient operation of employer-assisted housing programs through research, technical assistance and demonstration projects; and

(6) facilitate the establishment and efficient operation of land bank programs, under which title to vacant and abandoned parcels of real estate located in or causing blighted neighborhoods is cleared for use consistent with the purposes of this subchapter.

(Pub. L. 101–625, title II, §242, Nov. 28, 1990, 104 Stat. 4118; Pub. L. 102–550, title II, §214(a), Oct. 28, 1992, 106 Stat. 3759.)

#### **Editorial Notes**

#### Amendments

1992—Par. (6). Pub. L. 102–550 added par. (6).

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1992 Amendment

Amendment by Pub. L. 102–550 applicable to unexpended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifically provided, see section 223 of Pub. L. 102–550, set out as a note under section 12704 of this title.
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT 0F 2002

In connection with the Annual Report of Medical International Technology, Inc. (the "Company") on Form 10-KSB for the period ending September 30, 2005, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Karim Menassa, President and Principal Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 result of operations of the Company.
|   

|\s\ Karim MenassaKarim MenassaPresident and Principal Executive OfficerDecember 30, 2005
|----------------------------------------------------------------------------------------

---
§ 229.914 (Item 914) Pro forma financial statements: selected financial data. ( a ) In addition to the information required by § 229.302 (Item 302 of Regulation S-K), for each partnership proposed to be included in a roll-up transaction provide: cash and cash equivalents, total assets at book value, total assets at the value assigned for purposes of the roll-up transaction (if applicable), total liabilities, general and limited partners' equity, net increase (decrease) in cash and cash equivalents, net cash provided by operating activities, distributions; and per unit data for net income (loss), book value, value assigned for purposes of the roll-up transaction (if applicable), and distributions (separately identifying distributions that represent a return of capital). This information must be provided for the previous two fiscal years. Additional or other information must be provided if material to an understanding of each partnership proposed to be included in a roll-up transaction.
( b ) Provide pro forma financial information (including oil and gas reserves and cash flow disclosure, if appropriate), assuming: ( 1 ) All partnerships participate in the roll-up transaction; and
( 2 ) Participation in a roll-up transaction of those partnerships that on a combined basis have the lowest combined net cash provided by operating activities for the last fiscal year of such partnerships, *provided* participation by such partnerships satisfies all conditions to consummation of the roll-up transaction. If the combination of all partnerships proposed to be included in a roll-up transaction results in such lowest combined net cash provided by operating activities, this shall be noted and no separate pro forma financial statements are required.
( c ) The pro forma financial statements required by paragraph (b) of this Item (§ 229.914) shall disclose the effect of the roll-up transaction on the successor's: ( 1 ) Balance sheet as of the later of the end of the most recent fiscal year or the latest interim period;
( 2 ) Statement of income (with separate line items to reflect income (loss) excluding and including the roll-up expenses and payments), earnings per share amounts, and ratio of earnings to fixed charges for the most recent fiscal year and the latest interim period;
( 3 ) Statement of cash flows for the most recent fiscal year and the latest interim period; and
( 4 ) Book value per share as of the later of the end of the most recent fiscal year or the latest interim period.
*Instructions to Item 914.* (1) Notwithstanding the provisions of this Item (§ 229.914), any or all of the information required by paragraphs (b) and (c) of this Item (§ 229.914) that is not material for the exercise of prudent judgment in regard to the matter to be acted upon, may be omitted. (2) If the roll-up transaction is structured to permit participation by portions of partnerships, consideration should be given to the effect of such participation in preparing the pro forma financial statements reflecting a partial roll-up.
[56 FR 57247, Nov. 8, 1991, as amended at 86 FR 2128, Jan. 11, 2021]