alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Dinizio and Cook, Inc., Appellant, et al., Plaintiffs, v Duck Creek Marina at Three Mile Harbor, Ltd., et al., Respondents.

[821 NYS2d 649]

*990In an action, inter alia, to recover damages for unjust enrichment and for an accounting, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Werner, J.), dated January 18, 2005, which denied its motion pursuant to CPLR 5015 (d) for restitution of money paid to satisfy a judgment, and, sua sponte, amended the defendants’ first and second counterclaims to allege a 1998 default on the subject promissory note.

Ordered that on the Court’s own motion, the notice of appeal from so much of the order as, sua sponte, amended the defendants’ first and second counterclaims is treated as an application for leave to appeal from that portion of the order, and leave to appeal is granted; and it is further,

Ordered that the order is affirmed, with costs.

This matter has been before this Court previously, and the facts giving rise to this action are set forth in our earlier decision *(see Dinizio & Cook, Inc. v Duck Cr. Mar. at Three Mile Harbor, Ltd.,*9 AD3d 443 [2004]).

The determination whether to award restitution is within the discretion of the trial court *(see Gagen v Kipany Prods.,*6 AD3d 963, 965 [2004]; *Horvath v Grid Realty Corp.,*64 AD2d 691, 692 [1978]; *Stahl v Norwich,*205 App Div 424, 424 [1923]).

The Supreme Court providently exercised its discretion in denying the motion of the plaintiff Dinizio and Cook, Inc. (hereinafter the plaintiff) for restitution *(see Deli of Latham v Freije,*133 AD2d 889, 889-890 [1987]; *Key Bank of*W. *N.Y. v Kessler Graphics Corp.,*199 AD2d 978 [1993]). While the amount of $1,968,545 paid by the plaintiff on the judgment (principal, interest, and legal fees) may have been more than the plaintiff owes to the defendants, the determination of what the plaintiff actually owes requires the Supreme Court to make specific factual determinations.

Moreover, the Supreme Court providently exercised its discretion in amending the first and second counterclaims to allege a 1998 default on the subject promissory note. CPLR 3025 (c) permits a court to amend pleadings before or after judgment to conform them to the evidence *(see*CPLR 3025 [c]). Where no prejudice is shown, an amendment may be allowed “during or even after trial” *(Dittmar Explosives v A. E. Ottaviano, Inc.,*20 NY2d 498, 501 [1967]; *see also Matter of Denton,*6 AD3d 531, 532 [2004]). The Supreme Court found, and the plaintiff did not contest, that the note existed, that it matured in 1998, and that when the plaintiff made its last payment in April of 1994 there remained an unpaid principal balance in the sum of $1,152,750 *991on the $1,750,000 note. Thus, the plaintiff cannot claim to be surprised, by the claim that it breached the agreement in either 1994 or 1998. The plaintiff will be afforded an opportunity to defend this allegation in the Supreme Court. Therefore, the plaintiffs contention that it was prejudiced by the amendment is without merit (see *Matter of Denton, supra*at 533). Adams, J.P., Mastro, Fisher and Covello, JJ., concur.
<PAGE>
                                                                EXHIBIT 11

                           MARKWEST HYDROCARBON, INC.
                    COMPUTATION OF EARNINGS PER COMMON SHARE
                          (000S, EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>
                                                 FOR THE QUARTER ENDED    FOR THE NINE MONTHS ENDED
                                                   SEPTEMBER 30, 1999        SEPTEMBER 30, 1999
                                                 ---------------------    -------------------------
<S>                                              <C>                      <C>
Net income                                              $   59                    $  746
Weighted average number of outstanding
  shares of common stock                                  8473                     8,481
Basic earnings per share                                $ 0.01                    $ 0.09
                                                        ======                    ======
Net income                                              $   59                    $  746
Weighted average number of outstanding
  shares of common stock                                  8473                     8,481
Dilutive stock options                                       6                         7
                                                        ------                    ------
                                                          8479                     8,488
Earnings per share assuming dilution                    $ 0.01                    $ 0.09
                                                        ======                    ======

</TABLE>
Approval 

NUCLEAR REGULATORY COMMISSION 

FULL WRITTEN EXPLANATION 

1. The Nuclear Regulatory Commission voted to close the following meeting: 

Thursday, June 23, 2016 

9:00 AM Briefing on Security Issues (Closed - Ex. 3) 

The Commission voted 4 to O on June 1, 2016, to close this discussion on matters specially exempted 

from disclosure by statute. 

Attendance 

Commissioners and members of their staffs 

Representatives from the Commission Staff Offices 

Representatives from industry 

Contact Person for More Information 

Denise McGovern, Office of the Secretary (301-415-0681) 

DJlN\.AJ.)..,L /1\,~ 

Denise McGovern 

Office of the Secretary 

June 8, 2016
Exhibit 31.2
Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
I, Shirley L. Tyler, certify that:
1. I have reviewed this quarterly report on Form 10-QSB of United CommunityBankshares of Florida, Inc. 2 Based on my knowledge, the quarterly report does not contain any untruestatement of material fact or omit to state a material fact necessary tomake the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered bythis quarterly report. 3. Based on my knowledge, the financial statements, and other financialinformation included in this quarterly report, fairly present in allmaterial respects the financial condition, results of operations and cashflows of the registrant as of, and for, the periods presented in thisquarterly report; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand we have:
 a. designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the registrant, includingour consolidated subsidiary, is made known to us by others within thoseentities, particularly during the period in which this quarterly reportis being prepared;  b. evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end ofthe period covered by this report based on such evaluation; and  c. disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter that has materially affected, or is reasonablelikely to materially affect, the registrant’s internal control overfinancial reporting.
5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of registrant’s boardof directors (or persons performing the equivalent function):
 a. all significant deficiencies and material weaknesses in the design oroperation of the internal control over financial reporting which arereasonably 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 otheremployees who have a significant role in the registrant’s internalcontrol over financial reporting; and         Date: November 2, 2004 By: /s/ Shirley L. Tyler
#### The People of the State of New York, Respondent, v Juan Ortiz, Appellant.

[820 NYS2d 883]

Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered on or about April 22, 2004, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted *(see Anders v California,*386 US 738 [1967]; *People v Saunders, 52*AD2d 833 [1976]). We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal.

Pursuant to Criminal Procedure Law § 460.20, defendant *770may apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within 30 days after service of a copy of this order, with notice of entry.

Denial of the application for permission to appeal by the judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice. Concur— Buckley, P.J., Saxe, Williams, Sweeny and Malone, JJ.
§ 227.401 Exemption. A funding portal that is registered with the Commission pursuant to § 227.400 is exempt from the broker registration requirements of section 15(a)(1) of the Exchange Act (15 U.S.C. 78 o (a)(1)) in connection with its activities as a funding portal.
###### Editorial Note on Part 240

#### Editorial Note:

Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 240.18a-1c Consolidated Computations of Net Capital for Certain Subsidiaries and Affiliates of Security-Based Swap Dealers.

Every security-based swap dealer in computing its net capital pursuant to § 240.18a-1 shall include in its computation all liabilities or obligations of a subsidiary or affiliate that the security-based swap dealer guarantees, endorses, or assumes either directly or indirectly.

[84 FR 44065, Aug. 22, 2019]
### §15330. Transferred

#### **Editorial Notes**

#### Codification

Section 15330 was editorially reclassified as section 20930 of Title 52, Voting and Elections.
No: 14-025 April 3, 2014

CONTACT: Maureen Conley, 301-415-8200 

Online Registration Open for Fuel Cycle Information Exchange, 

June 10-11 in Rockville, Md.

Online registration is open for the Nuclear Regulatory Commission’s 9th annual Fuel Cycle

Information Exchange, to be held June 10-11 at the agency’s headquarters in Rockville, Md. This event 

allows NRC staff, licensees and interested stakeholders to discuss regulatory issues related to uranium 

enrichment and conversion, nuclear fuel fabrication, and the deconversion of depleted uranium tails.

NRC Chairman Allison Macfarlane will deliver a keynote address on June 10. The conference 

will include discussions and presentations on nuclear safety standards, guidance development and 

rulemaking, operating experience, security and safeguards, and emergency planning.

The conference will run from 8:30 a.m. to 4:30 p.m. each day in the NRC Auditorium and 

portions will be webcast. Visitors will need to enter at the agency’s One White Flint North building, 

11555 Rockville Pike, in Rockville. More information about the conference, including online

registration, is available at the NRC website.
§ 246.8 Federal National Mortgage Association and Federal Home Loan Mortgage Corporation ABS. ( a ) *In general.* A sponsor satisfies its risk retention requirement under this part if the sponsor fully guarantees the timely payment of principal and interest on all ABS interests issued by the issuing entity in the securitization transaction and is: ( 1 ) The Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation operating under the conservatorship or receivership of the Federal Housing Finance Agency pursuant to section 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4617) with capital support from the United States; or
( 2 ) Any limited-life regulated entity succeeding to the charter of either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation pursuant to section 1367(i) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4617(i)), provided that the entity is operating with capital support from the United States.
( b ) *Certain provisions not applicable.* The provisions of § 246.12(b), (c), and (d) shall not apply to a sponsor described in paragraph (a)(1) or (2) of this section, its affiliates, or the issuing entity with respect to a securitization transaction for which the sponsor has retained credit risk in accordance with the requirements of this section.
( c ) *Disclosure.* A sponsor relying on this section shall provide to investors, in written form under the caption “Credit Risk Retention” and, upon request, to the Federal Housing Finance Agency and the Commission, a description of the manner in which it has met the credit risk retention requirements of this part.
§ 201.350 Record in proceedings before hearing officer; retention of documents; copies. ( a ) *Contents of the record.* The record shall consist of: ( 1 ) The order instituting proceedings, each notice of hearing and any amendments;
( 2 ) Each application, motion, submission or other paper, and any amendments, motions, objections, and exceptions to or regarding them;
( 3 ) Each stipulation, transcript of testimony and document or other item admitted into evidence;
( 4 ) Each written communication accepted by the hearing officer pursuant to § 201.210;
( 5 ) With respect to a request to disqualify a hearing officer or to allow the hearing officer's withdrawal under § 201.112, each affidavit or transcript of testimony taken and the decision made in connection with the request;
( 6 ) All motions, briefs and other papers filed on interlocutory appeal;
( 7 ) All proposed findings and conclusions;
( 8 ) Each written order issued by the hearing officer or Commission; and
( 9 ) Any other document or item accepted into the record by the hearing officer.
( b ) *Retention of documents not admitted.* Any document offered into evidence but excluded shall not be considered a part of the record. The Secretary shall retain any such document until the later of the date upon which a Commission order ending the proceeding becomes final, or the conclusion of any judicial review of the Commission's order.
( c ) *Substitution of copies.* A true copy of a document may be substituted for any document in the record or any document retained pursuant to paragraph (b) of this section.
[60 FR 32796, June 23, 1995, as amended at 69 FR 13178, Mar. 19, 2004]
###### Editorial Note on Part 249

#### Editorial Note:

Nomenclature changes to part 249 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 249.1300T Form MA-T, for temporary registration as a municipal advisor, and for amendments to, and withdrawals from, temporary registration.

The form shall be used for temporary registration as a municipal advisor, and for amendments to, and withdrawals from, temporary registration pursuant to Section 15B of the Exchange Act, (15 U.S.C. 78*o*-4).

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form MA-T, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
Editorial Note on Part 240
Editorial Note: Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

§ 240.3a69-2 Definition of “swap” as used in section 3(a)(69) of the Act—additional products. ( a ) *In general.* The term *swap* has the meaning set forth in section 3(a)(69) of the Act (15 U.S.C. 78c(a)(69)).
( b ) *Inclusion of particular products.* ( 1 ) The term *swap* includes, without limiting the meaning set forth in section 3(a)(69) of the Act (15 U.S.C. 78c(a)(69)), the following agreements, contracts, and transactions: ( i ) A cross-currency swap;
( ii ) A currency option, foreign currency option, foreign exchange option and foreign exchange rate option;
( iii ) A foreign exchange forward;
( iv ) A foreign exchange swap;
( v ) A forward rate agreement; and
( vi ) A non-deliverable forward involving foreign exchange.
( 2 ) The term *swap* does not include an agreement, contract, or transaction described in paragraph (b)(1) of this section that is otherwise excluded by section 1a(47)(B) of the Commodity Exchange Act (7 U.S.C. 1a(47)(B)).
( c ) *Foreign exchange forwards and foreign exchange swaps.* Notwithstanding paragraph (b)(2) of this section: ( 1 ) A foreign exchange forward or a foreign exchange swap shall not be considered a swap if the Secretary of the Treasury makes a determination described in section 1a(47)(E)(i) of the Commodity Exchange Act (7 U.S.C. 1a(47)(E)(i)).
( 2 ) Notwithstanding paragraph (c)(1) of this section: ( i ) The reporting requirements set forth in section 4r of the Commodity Exchange Act (7 U.S.C. 6r) and regulations promulgated thereunder shall apply to a foreign exchange forward or foreign exchange swap; and
( ii ) The business conduct standards set forth in section 4s(h) of the Commodity Exchange Act (7 U.S.C. 6s) and regulations promulgated thereunder shall apply to a swap dealer or major swap participant that is a party to a foreign exchange forward or foreign exchange swap.
( 3 ) For purposes of section 1a(47)(E) of the Commodity Exchange Act (7 U.S.C. 1a(47)(E)) and this section, the term *foreign exchange forward* has the meaning set forth in section 1a(24) of the Commodity Exchange Act (7 U.S.C. 1a(24)).
( 4 ) For purposes of section 1a(47)(E) of the Commodity Exchange Act (7 U.S.C. 1a(47)(E)) and this section, the term *foreign exchange swap* has the meaning set forth in section 1a(25) of the Commodity Exchange Act (7 U.S.C. 1a(25)).
( 5 ) For purposes of sections 1a(24) and 1a(25) of the Commodity Exchange Act (7 U.S.C. 1a(24) and (25)) and this section, the following transactions are not foreign exchange forwards or foreign exchange swaps: ( i ) A currency swap or a cross-currency swap;
( ii ) A currency option, foreign currency option, foreign exchange option, or foreign exchange rate option; and
( iii ) A non-deliverable forward involving foreign exchange.
[77 FR 48356, Aug. 13, 2012]
Subpart 5315.3  — SOURCE SELECTION                         **Parent topic:** Part 5315 - Contracting by Negotiation5315.300  Scope of Subpart       See MP5315.3 for required Department of the Air Force Source Selection responsibilities and procedures.5315.371-4  Exceptions       (a)(2) See MP5301.601(a)(i).5315.371-5  Waiver       (a) When a waiver to the requirement at DFARS 215.371-2 is sought, the contracting officer should provide the following documentation to support the waiver request:         (1) Summary of market research that documents that competition was anticipated, process used to maximize competition pre-solicitation, and description of solicitation method;         (2) Rationale why re-advertising for an additional 30 days will likely not obtain two or more offers.         (3) Rationale for how the price/cost will be determined fair and reasonable with only one offeror.         See MP5301.601(a)(i).
### §14034. Transferred

#### **Editorial Notes**

#### Codification

Section 14034 was editorially reclassified as section 12404 of Title 34, Crime Control and Law Enforcement.
INDEPENDENT AUDITOR'S CONSENT

We consent to the use in this Registration Statement of HiEnergy Technologies,
Inc. and Subsidiaries on Pre-effective amendment No. 1 on Form SB-2/A (No.
333-108934) of our report, dated July 8, 2003, except for Note 2, as to which
the date is December 19, 2003, which includes an emphasis paragraph relating to
an uncertainty as to the Company's ability to continue as a going concern,
appearing in the Prospectus, which is part of this Registration Statement.

We also consent to the reference to our Firm under the captions "Experts" and
"Selected Financial Data" in the Prospectus.


SINGER LEWAK GREENBAUM & GOLDSTEIN, LLP

Los Angeles, California
December 22, 2003
§ 230.261 Definitions. As used in this Regulation A, all terms have the same meanings as in Rule 405 (§ 230.405), except that all references to *registrant* in those definitions shall refer to the issuer of the securities to be offered and sold under Regulation A. In addition, these terms have the following meanings: ( a ) Affiliated issuer . An affiliate (as defined in Rule 501 (§ 230.501)) of the issuer that is issuing securities in the same offering.
( b ) Business day . Any day except Saturdays, Sundays or United States federal holidays.
( c ) Eligible securities . Equity securities, debt securities, and securities convertible or exchangeable to equity interests, including any guarantees of such securities, but not including asset-backed securities as such term is defined in Item 1101(c) of Regulation AB.
( d ) Final order . A written directive or declaratory statement issued by a federal or state agency described in Rule 262(a)(3) (§ 230.262(a)(3)) under applicable statutory authority that provides for notice and an opportunity for hearing, which constitutes a final disposition or action by that federal or state agency.
( e ) Final offering circular . The more recent of: the current offering circular contained in a qualified offering statement; and any offering circular filed pursuant to Rule 253(g) (§ 230.253(g)). If, however, the issuer is relying on Rule 253(b) ((§ 230.253(b)), the Final Offering Circular is the most recent of the offering circular filed pursuant to Rule 253(g)(1) or (3) (§ 230.253(g)(1) or (3)) and any subsequent offering circular filed pursuant to Rule 253(g) (§ 230.253(g)).
( f ) Offering statement . An offering statement prepared pursuant to Regulation A.
( g ) Preliminary offering circular . The offering circular described in Rule 254 (§ 230.254).
[80 FR 21895, Apr. 20, 2015]
#### The People of the State of New York, Respondent, v. Arthur Epstein, William Cheresnek and Bernard Gurau, Appellants.

Judgment reversed and the information dismissed upon the ground that the guilt of the defendants was not established beyond a reasonable doubt. No opinion. Present — Peck, P. J., Cohn, Breitel, Bastow and Rabin, JJ. Breitel and Bastow, JJ., dissent and vote to affirm.
###### Editorial Note on Part 240

#### Editorial Note:

Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 240.15c2-6 [Reserved]
#### § 270.8b-14 Riders; inserts.

Riders shall not be used. If the registration statement or report is typed on a printed form, and the space provided for the answer to any given item is insufficient, reference shall be made in such space to a full insert page or pages on which the item number and caption and the complete answer are given.

[18 FR 8576, Dec. 19, 1953]
#### The People of the State of New York, Respondent, v. Benny Sabatino, Appellant.

Judgment and order affirmed. No opinion. Present—Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ.