alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.2

Section 1350 certification of Chief Financial Officer

In
connection with the quarterly report of Puradyn Filter Technologies
Incorporated (the Company) on Form 10-Q for the three-month period ended
March 31, 2010 as filed with the Securities and Exchange Commission (the
Report), I, Alan J. Sandler, Secretary to the Board, Vice President and
principal financial officer, certify, pursuant to 18 U.S.C. SS. 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.

Dated: May 24, 2010

| |                                                             
| | ------------------------------------------------------------
| | /s/ Alan J.
 Sandler                                        
| |                                                             
| | Alan J.
 Sandler, Secretary to the Board, Vice President and
| | principal
 financial officer                                

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 has been provided to the Company and will be retained by the Company
and furnished to the Securities and Exchange Commission or its staff upon
request.

---
Exhibit
31.2





CERTIFICATION





Pursuant
to Section 302 of the Sarbanes Oxley Act of 2002





I, Carol
Russell, certify that:





1.              I
have reviewed this quarterly report on Form 10-Q of Capital Beverage
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 quarterly
report;





3.              Based
on my knowledge, the financial statements, and other financial information
included in this quarterly 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 quarterly report;





4.              I
am 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 I have:





a)
designed such internal controls to ensure that material information relating to
the registrant and its subsidiaries (collectively, the "Company") is made known
to me by others within the Company, particularly during the period in which this
quarterly report is being prepared;





b)
evaluated the effectiveness of the registrant's internal controls as of a date
within 90 days prior to the filing date of this quarterly report (the
"Evaluation Date"); and





c)
presented in this quarterly report my conclusions about the effectiveness of the
disclosure controls and procedures based on my evaluation as of the Evaluation
Date;





5.              I
have disclosed, based on our most recent evaluation, to the registrant's
auditors and the audit committee of the registrant's board of
directors:





a) all
significant deficiencies (if any) in the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls;
and





b) any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant's internal controls; and





6.              I
have indicated in this quarterly report whether or not there were significant
changes in internal controls or in other factors that could significantly affect
internal controls subsequent to the date of our most recent evaluation,
including any corrective actions with regard to significant deficiencies and
material weaknesses.





Date: November 20,
      2009
            /s/
      Carol
      Russell


Carol
Russell


Treasurer
#### § 274.129 Form N-PX, annual report of proxy voting record.

This form shall be used by registered management investment companies, other than small business investment companies registered on Form N-5 (§§ 239.24 and 274.5 of this chapter), for annual reports to be filed not later than August 31 of each year, containing the company's proxy voting record for the most recent twelve-month period ended June 30, pursuant to section 30 of the Investment Company Act of 1940 and § 270.30b1-4 of this chapter.

[68 FR 6584, Feb. 7, 2003]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form N-PX, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
<TABLE> <S> <C>

<ARTICLE>                                        5
<LEGEND>
     This schedule contains summary financial information extracted from the
consolidated financial statements of the Company for the period ended March 31, 
1998 and is qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER>                                 1,000 
<CURRENCY>                              U. S. Dollars
       
<S>                                     <C>
<PERIOD-TYPE>                                 3-MOS
<FISCAL-YEAR-END>                       DEC-31-1998
<PERIOD-START>                          JAN-01-1998
<PERIOD-END>                            MAR-31-1998
<EXCHANGE-RATE>                                1.0   
<CASH>                                       5,184
<SECURITIES>                                     0
<RECEIVABLES>                               32,418
<ALLOWANCES>                                 2,307
<INVENTORY>                                 28,936
<CURRENT-ASSETS>                            65,136
<PP&E>                                      25,508
<DEPRECIATION>                               3,220
<TOTAL-ASSETS>                             198,246
<CURRENT-LIABILITIES>                       25,508
<BONDS>                                    102,534
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                       150
<OTHER-SE>                                  60,713
<TOTAL-LIABILITY-AND-EQUITY>               198,246
<SALES>                                     31,797
<TOTAL-REVENUES>                            31,797
<CGS>                                       15,378
<TOTAL-COSTS>                               15,378
<OTHER-EXPENSES>                                 0
<LOSS-PROVISION>                               103
<INTEREST-EXPENSE>                           2,837
<INCOME-PRETAX>                               (836)
<INCOME-TAX>                                  (335)
<INCOME-CONTINUING>                           (501)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                  (501)
<EPS-PRIMARY>                                (0.03)
<EPS-DILUTED>                                (0.03)
        
 

</TABLE>
### §19051. Broader impacts

#### (a) Assessment

Not later than 120 days after August 9, 2022, the Director shall enter into an agreement with a qualified independent organization to assess how the Broader Impacts review criterion is applied across the Foundation and make recommendations for improving the effectiveness for meeting the goals established in section 1862p–14 of this title.

#### (b) Activities

The Director shall make awards on a competitive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support activities to increase the efficiency, effectiveness, and availability of resources for implementing the Broader Impacts review criterion, including—

(1) training and workshops for program officers, merit review panelists, award office administrators, faculty, and students to improve understanding of the goals and the full range of potential broader impacts available to researchers to satisfy this criterion;

(2) repositories and clearinghouses for sharing best practices and facilitating collaboration; and

(3) tools for evaluating and documenting societal impacts of research.

(Pub. L. 117–167, div. B, title III, §10341, Aug. 9, 2022, 136 Stat. 1557.)
### §14135a. Transferred

#### **Editorial Notes**

#### Codification

Section 14135a was editorially reclassified as section 40702 of Title 34, Crime Control and Law Enforcement.
#### § 30.8 [Reserved]
#### Caroline Smulczeki, Respondent, v. City Center of Music and Drama, Inc., Appellant.

In an action to recover damages for personal injuries sustained by plaintiff in a fall down a flight of steps in defendant’s theater, defendant appeals from a judgment in favor of plaintiff upon a jury verdict. Judgment reversed and a new trial granted, with costs to abide the event. Plaintiff was descending a stairway in the theater, missed the first step below a landing, and fell to the floor, seven steps below. Testimony given by plaintiff and her witnesses, who were her daughter, daughter-in-law and a friend, in general was that the landing was “ dark ”, that the lighting was “ poor ”, “ dim ”, and that an electric light bulb in the ceiling fixture above the landing was not lit. On the other hand, the undisputed evidence was that on the wall, alongside the landing, there was a sixty-watt electric light bulb which was lit, and that in each of two fixtures on the walls near the foot of the stairway — the nearer one being above a point which was but six feet therefrom — six twenty-five watt bulbs were lit. We are of the opinion that the verdict was against the weight of the credible evidence. Wenzel, Acting P. J., MacCrate, Beldock, Murphy and Ughetta, JJ., concur.
#### § 270.6c-3 Exemptions for certain registered variable life insurance separate accounts.

A separate account which meets the requirements of paragraph (a) of Rule 6e-2 (17 CFR 270.6e-2) or paragraph (a) of Rule 6e-3(T) (17 CFR 270.6e-3(T)) and registers as an investment company under section 8(a) of the Act (15 U.S.C. 80a-8(a)), and the investment adviser, principal underwriter and depositor of such separate account, shall be exempt from the provisions of the Act specified in paragraph (b) of Rule 6e-2 or paragraph (b) of Rule 6e-3(T), except for sections 7 (15 U.S.C. 80a-7) and 8(a) of the Act, under the same terms and conditions as a separate account claiming exemption under Rule 6e-2 or Rule 6e-3(T).

(Secs. 6(c); 15 U.S.C. 80a-6(C) and 38(a))

[49 FR 49228, Dec. 3, 1984]
#### Eduardo MARTINEZ-TULL, Appellant, v. Carlos M. GONZALEZ-ALEMAN.

No. 06-4861.

United States Court of Appeals, Third Circuit.

Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B) May 3, 2007.

Filed: May 31, 2007.

Eduardo Martinez-Tull, Fort Dix, NJ, pro se.

Before: RENDELL, SMITH and JORDAN, Circuit Judges.

*85OPINION

PER CURIAM.

Eduardo Martinez-Tull appeals from the District Court’s dismissal of his complaint as frivolous. Because we determine that the appeal is lacking in arguable legal merit, we will dismiss it under 28 U.S.C. § 1915(e)(2)(B).

While incarcerated at FCI Fort Dix, Martinez-Tull filed a complaint in the District Court pursuant to 42 U.S.C. § 1988 that named Carlos M. Gonzalez-Aleman as defendant. Martinez-Tull alleges that Gonzalez-Aleman, his former criminal defense attorney, violated his Sixth Amendment right to counsel by failing to provide adequate representation on direct appeal, and also stole ten thousand dollars from Martinez-Tull. (Compl. at 1-2.) He seeks compensatory and punitive damages totaling $1,500,000. (Id. at 2.)

The District Court dismissed Martinez-Tull’s complaint as frivolous, reasoning that “[tjhe complaint filed in this case does not allege or even suggest that the defendant ... acted under color of state law with respect to plaintiffs claim.” (Order at 2.) The dismissal was without prejudice to Martinez-Tull’s right to file an action against Gonzalez-Aleman for breach of contract and related claims in an appropriate forum. (Id.) Martinez-Tull filed a timely notice of appeal.

His appeal is clearly devoid of legal merit. A plaintiff cannot state a viable claim under § 1983 without alleging that the violation of federal rights of which he complains “was committed by a person acting under color of state law.” *See Harvey v. Plains Twp. Police Dep’t,*421 F.3d 185, 189 (3d Cir.2005). Criminal defense attorneys such as Gonzalez-Aleman do not act under color of state law. *See Polk County v. Dodson,*454 U.S. 312, 319-25, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981)(function of defense lawyer is “essentially ... private” and performed without “state office and authority,” even though lawyer is licensed by government and even if he is employed by government as public defender).

“[A] public defender does not act under color of state law when performing a lawyer’s traditional functions as counsel to a defendant in a criminal proceeding.” *Id.*at 325, 102 S.Ct. 445. Martinez-Tull does not allege that Gonzalez-Aleman was employed by or even appointed to represent him by the state.

Indisputably, a claim will not lie against Gonzalez-Aleman under § 1983 because he did not act under color of state law. Therefore, we will dismiss this appeal under § 1915(e)(2).
§ 39.35 Default rules and procedures for uncovered credit losses or liquidity shortfalls (recovery) for systemically important derivatives clearing organizations and subpart C derivatives clearing organizations. ( a ) *Allocation of uncovered credit losses.* Each systemically important derivatives clearing organization and subpart C derivatives clearing organization shall adopt explicit rules and procedures that address fully any loss arising from any individual or combined default relating to any clearing members' obligations to the systemically important derivatives clearing organization or subpart C derivatives clearing organization. Such rules and procedures shall address how the systemically important derivatives clearing organization or subpart C derivatives clearing organization would: ( 1 ) Allocate losses exceeding the financial resources available to the systemically important derivatives clearing organization or subpart C derivatives clearing organization;
( 2 ) Repay any funds it may borrow; and
( 3 ) Replenish any financial resources it may employ during such a stress event, so that the systemically important derivatives clearing organization or subpart C derivatives clearing organization can continue to operate in a safe and sound manner.
( b ) *Allocation of uncovered liquidity shortfalls.* ( 1 ) Each systemically important derivatives clearing organization and subpart C derivatives clearing organization shall establish rules and/or procedures that enable it promptly to meet all of its settlement obligations, on a same day and, as appropriate, intraday and multiday basis, in the context of the occurrence of either or both of the following scenarios: ( i ) An individual or combined default involving one or more clearing members' obligations to the systemically important derivatives clearing organization or subpart C derivatives clearing organization; or
( ii ) A liquidity shortfall exceeding the financial resources of the systemically important derivatives clearing organization or subpart C derivatives clearing organization.
( 2 ) The rules and procedures described in paragraph (b)(1) of this section shall: ( i ) Enable the systemically important derivatives clearing organization or subpart C derivatives clearing organization promptly to meet its payment obligations in all relevant currencies;
( ii ) Be designed to enable the systemically important derivatives clearing organization or subpart C derivatives clearing organization to avoid unwinding, revoking, or delaying the same-day settlement of payment obligations; and
( iii ) Address the systemically important derivatives clearing organization's or subpart C derivatives clearing organization's process to replenish any liquidity resources it may employ during a stress event so that it can continue to operate in a safe and sound manner.
§ 130.5 Fee or commission. ( a ) *Fee or commission* means, except as provided in paragraph (b) of this section, any loan, gift, donation or other payment of $1,000 or more made, or offered or agreed to be made directly or indirectly, whether in cash or in kind, and whether or not pursuant to a written contract, which is: ( 1 ) To or at the direction of any person, irrespective of nationality, whether or not employed by or affiliated with an applicant, a supplier or a vendor; and
( 2 ) For the solicitation or promotion or otherwise to secure the conclusion of a sale of defense articles or defense services to or for the use of the armed forces of a foreign country or international organization.
( b ) The term fee or commission does not include: ( 1 ) A political contribution or a payment excluded by § 130.6 from the definition of political contribution;
( 2 ) A normal salary (excluding contingent compensation) established at an annual rate and paid to a regular employee of an applicant, supplier or vendor;
( 3 ) General advertising or promotional expenses not directed to any particular sale or purchaser; or
( 4 ) Payments made, or offered or agreed to be made, solely for the purchase by an applicant, supplier or vendor of specific goods or technical, operational or advisory services, which payments are not disproportionate in amount with the value of the specific goods or services actually furnished.
[58 FR 39323, July 22, 1993, as amended at 71 FR 20554, Apr. 21, 2006]
### §1973bb. Transferred

#### **Editorial Notes**

#### Codification

Section 1973bb was editorially reclassified as section 10701 of Title 52, Voting and Elections.
#### In the Matter of Sabina Jessica S. Suffolk County Department of Social Services, Appellant; Pasquale S., Respondent.

[820 NYS2d 525]

In a proceeding pursuant to Social Services Law § 384-b to terminate the father’s parental rights on the ground of abandonment, the petitioner appeals from an order of the Family Court, Suffolk County (Genchi, J.), dated February 17, 2005, which, after a fact-finding hearing, denied the petition and, in effect, dismissed the proceeding.

Ordered that the order is reversed, on the law and the facts, without costs or disbursements, it is determined that the father abandoned the subject child, and the matter is remitted to the Family Court, Suffolk County for a dispositional hearing.

*858Contrary to the Family Court’s determination, the evidence at the fact-finding hearing established, by clear and convincing evidence, that the father abandoned his child during the six-month period prior to the filing of the petition *(see*Social Services Law § 384-b [4] [b]; *Matter of Saquan L.E.,*19 AD3d 418, 419 [2005]; *Matter of Orange County Dept. of Social Servs. [Diane A.],*203 AD2d 367 [1994]). Accordingly, the Family Court erred in finding that the appellant failed to establish abandonment. Florio, J.P., Rivera, Fisher and Lunn, JJ., concur.
Exhibit 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER





I, Cindy Lea Gimler, Chief Financial Officer of Puradyn Filter Technologies
Incorporated ("the Company"), certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

1.   The quarterly Report on Form 10-QSB of the Company for the quarter ended
     June 30, 2005 (the "Report") fully complies with the requirements of
     Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C.78m); and

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

                                 August 15, 2005



                                 /s/ Cindy Lea Gimler
                                 --------------------
                                 Name: Cindy Lea Gimler
                                 Title: Chief Financial Officer
#### American Condiment Company, Inc., v. 472 Greenwich Street Corporation et al.

Present — Glennon, J. P., Dore, Callahan, Van Voorhis and Shientag, JJ. [See *ante,*p. 817.]
#### The People of the State of New York, Respondent, v Robert Bochet Cole, Appellant.

Judgment, Supreme Court, Bronx County, convicting the defendant on November 19, 1975, on his plea of guilty of manslaughter in the first degree, and sentencing him to an indeterminate term of 11 Vi years to 23 years unanimously reversed, as a matter of discretion in the interest of justice and remanded for resentence only. The plea and sentence minutes both show that the court intended to sentence the defendant to a maximum of 23 years, to run concurrently with a previously imposed reformatory term. However, section 75.10 (subd 2, par [c], cl [ii]) of the Penal Law (subsequently repealed L. 1974, ch 652, § 7), mandates that the unexpired reformatory term run consecutively with the subsequent term, thus frustrating the court’s intention. Although it appears defendant is a predicate felon, the comment of the court on the scope of a predicate felony hearing was erroneous and misleading. Accordingly, defendant should be afforded a hearing, if requested, on sufficient grounds, to controvert his predicate felon status. Concur — Birns, J. P., Silverman, Evans and Capozzoli, JJ.