alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jane S. Coons, Appellant, v Teachers Insurance and Annuity Association of America et al., Respondents.

Resettled order unanimously modified by striking the second, third and fourth ordering paragraphs thereof and, as modified, affirmed, without costs. Memorandum: Petitioner obtained a judgment against her former husband, Steven Anson Coons, which was entered in Onondaga County Clerk’s office on August 16, 1976 in the sum of $20,089.55. She ascertained that respondents were obligated to him on two life annuity contracts with a guaranteed 20-year period of payments from June 1, 1976, one yielding $49.47 per month and the other $76.65 per month, totaling $126.12 per month. Pursuant to CPLR 5222, on August 25, 1976 she served a notice on respondents restraining them from making such annuity payments to Mr. Coons; and in December, 1976 she petitioned Special Term for an order requiring respondents to make such payments to her until her said judgment is satisfied. Notice of the application was given to Mr. Coons. He retained an attorney to appear specially in the proceeding to contest the court’s jurisdiction; but he submitted nothing by way of denial of the judgment debt nor anything to show that he needs these annuity payments for his current living expenses. The affidavit of his attorney with respect to Mr. Coon’s financial condition was without probative value. Special Term properly denied Mr. Coon’s motion to dismiss the petition and granted the petition; but the court erred in giving weight to the attorney’s affidavit and deferring the operation of its order granting the petition until further order of the court. There being no denial of the debt and no showing that Mr. Coons needs the annuity payments for his living expenses, there was no basis for the court to exercise its discretion to defer *1139the operation of the order in any respect under the authorities (see *Wetmore v Wetmore,*149 NY 520; *Weigold v Weigold,*236 App Div 126; *Fordyce v Fordyce,*80 Misc 2d 909). This decision is made without prejudice to an application by Mr. Coons at Special Term to invoke the exercise of the court’s discretion to defer such payments in the future in whole or in part upon appropriate evidentiary showing. (Appeal from order of Onondaga Supreme Court—satisfy judgment for unpaid alimony.) Present—Marsh, P. J., Moule, Simons, Denman and Witmer, JJ.
#### In the Matter of Morton Miller, Respondent, v. Maurice Waller et al., as Successor Trustees under the Will of Thomas W. Waller, Deceased, Appellants.

Order, entered on March 31, 1961, unanimously affirmed, with $20 costs and disbursements to the respondent. No opinion. -Concur — Botein, P. J., Stevens, Eager, Steuer and Bergan, JJ.
### §2688p. Repealed. Pub. L. 91–296, title IV, §401(b)(2), June 30, 1970, 84 Stat. 352

Section, Pub. L. 88–164, title II, §262, as added Pub. L. 90–574, title III, §303(a), Oct. 15, 1968, 82 Stat. 1010, authorized use of up to 1 per centum of appropriated funds by Secretary for evaluation of programs authorized by this subchapter.

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

#### Effective Date of Repeal

Pub. L. 91–296, title IV, §401(b)(2), June 30, 1970, 84 Stat. 352, provided that the repeal by that section is effective with respect to appropriations for fiscal years beginning after June 30, 1970.
§ 120.12 Commodity jurisdiction determination requests. ( a ) Upon electronic submission of a Commodity Jurisdiction Determination Form (Form DS-4076), the Directorate of Defense Trade Controls (DDTC) shall provide a determination of whether a particular article or service is covered by the U.S. Munitions List in part 121 of this subchapter. The determination, consistent with §§ 120.2, 120.3, and 120.4, entails consultation among the Departments of State, Defense, Commerce, and other U.S. Government agencies and industry in appropriate cases. State, Defense, and Commerce will resolve commodity jurisdiction determination disputes in accordance with established procedures. State shall notify Defense and Commerce, and other U.S. Government agencies as appropriate, of the initiation and conclusion of each case.
( b ) A determination that an article or service meets the criteria of a defense article or defense service, or provides the equivalent performance capabilities of a defense article on the U.S. Munitions List, is made on a case-by-case basis, taking into account: ( 1 ) The form and fit of the article;
( 2 ) The function and performance capability of the article; and
( 3 ) Other applicant-provided information, to include a history of the product's design, development, and use, as well as specifications and any other relevant data as described in brochures and other related documents.
( c ) A determination that an article or service has a critical military or intelligence advantage such that it warrants control under Category XXI of § 121.1 of this subchapter is made, on a case-by-case basis, taking into account: ( 1 ) The function and performance capability of the article; and
( 2 ) The nature of controls imposed by other nations on such items (including the Wassenaar Arrangement and other multilateral controls).
( d ) DDTC will provide a preliminary response within 10 working days of receipt of a complete request for commodity jurisdiction determination. If after 45 days DDTC has not provided a final commodity jurisdiction determination, the applicant may request in writing to the Director, Office of Defense Trade Controls Policy that this determination be given expedited processing.
( e ) A person may appeal a commodity jurisdiction determination by submitting a written request for reconsideration to the Deputy Assistant Secretary of State for Defense Trade Controls. The Deputy Assistant Secretary's determination of the appeal will be provided, in writing, within 30 days of receipt of the appeal. If desired, an appeal of the Deputy Assistant Secretary's decision can then be made to the Assistant Secretary of State for Political-Military Affairs.
( f ) Registration with DDTC as described in part 122 of this subchapter is not required prior to submission of a commodity jurisdiction determination request.
### §284d. Definitions

#### (a) Health service research

For purposes of this subchapter, the term "health services research" means research endeavors that study the impact of the organization, financing and management of health services on the quality, cost, access to and outcomes of care. Such term does not include research on the efficacy of services to prevent, diagnose, or treat medical conditions.

#### (b) Clinical research

As used in this subchapter, the term "clinical research" means patient oriented clinical research conducted with human subjects, or research on the causes and consequences of disease in human populations involving material of human origin (such as tissue specimens and cognitive phenomena) for which an investigator or colleague directly interacts with human subjects in an outpatient or inpatient setting to clarify a problem in human physiology, pathophysiology or disease, or epidemiologic or behavioral studies, outcomes research or health services research, or developing new technologies, therapeutic interventions, or clinical trials.

(July 1, 1944, ch. 373, title IV, §409, as added Pub. L. 102–321, title I, §121(b), July 10, 1992, 106 Stat. 358; amended Pub. L. 103–43, title XX, §2016(a), June 10, 1993, 107 Stat. 218; Pub. L. 106–505, title II, §206, Nov. 13, 2000, 114 Stat. 2329.)

#### **Editorial Notes**

#### Amendments

2000—Pub. L. 106–505 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

1993—Pub. L. 103–43 inserted at end "Such term does not include research on the efficacy of services to prevent, diagnose, or treat medical conditions."

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

#### Effective Date

Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102–321, set out as an Effective Date of 1992 Amendment note under section 236 of this title.
3413.000 Scope of part.

Parent topic: PART 3413—SIMPLIFIED ACQUISITION PROCEDURES
### §1993. Repealed. Pub. L. 85–315, pt. III, §122, Sept. 9, 1957, 71 Stat. 637

Section, R.S. §1989, authorized President to employ land or naval forces to aid in execution of judicial process issued under sections 1981 to 1983 or 1985 to 1992 of this title, or to prevent violation and enforce due execution of sections 1981 to 1983 and 1985 to 1994 of this title. See section 252 of Title 10, Armed Forces.
**EXHIBIT 13.1**



**CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 906 OF**

**THE SARBANES-OXLEY ACT OF 2002**



In connection with the Amendment No. 1 to Annual Report of CN ENERGY GROUP. INC. (the “Company”) on Form 20-F for the year ended September 30, 2023, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Xinyang Wang, Chief 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 to my knowledge:



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



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



Date: February 15, 2024





|By: | */s/ Xinyang Wang* |                        
|--- | ------------------ | -----------------------
|    | Name:              | Xinyang Wang           
|    | Title:             | Chief Executive Officer
§ 23.205 Real-time public reporting. ( a ) *Real-time public reporting of swap transaction and pricing data.* Each swap dealer and major swap participant shall report all information and swap transaction and pricing data required to be reported in accordance with the real-time public reporting requirements in part 43 of this chapter.
( b ) *Electronic reporting of swap transaction data.* Each swap dealer and major swap participant shall have the electronic systems and procedures necessary to transmit electronically all information and data required to be reported in accordance with part 43 of this chapter.
[77 FR 20202, Apr. 3, 2012, as amended at 88 FR 8753, Feb. 10, 2023]
5323.9001 Contract Clause

The contracting officer may insert DAFFARS clause 5352.223-9001 in solicitations and contracts,

other than for construction, which require performance on a Government installation if needed. The

contracting officer should coordinate these requirements with the Chief Engineer and include this

clause only for efforts where these requirements are not already spelled out in the technical

requirements documents which will also be included in the resultant contract.

Parent topic: Subpart 5323.90 — HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS
[Federal Register Volume 69, Number 236 (Thursday, December 9, 2004)]
[Notices]
[Page 71412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27184]


=======================================================================
-----------------------------------------------------------------------

FEDERAL ELECTION COMMISSION


Sunshine Act Meeting

AGENCY: Federal Election Commission

DATE & TIME: Tuesday, December 14, 2004 at 10 a.m.

PLACE: 999 E Street, NW., Washington, DC.

STATUS: This meeting will be closed to the public.

ITEMS TO BE DISCUSSED:
    Compliance matters pursuant to 2 U.S.C. 437g.
    Audits conducted pursuant to 2 U.S.C. 437g, section 438(b), and 
Title 26, U.S.C.
    Matters concerning participation in civil actions or proceedings or 
arbitration.
    Internal personnel rules and procedures or matters affecting a 
particular employee.
* * * * *

DATE & TIME: Thursday, December 16, 2004 at 10 a.m.

PLACE: 999 E Street, NW., Washington, DC (Ninth Floor).

STATUS: This meeting will be open to the public.

ITEMS TO BE DISCUSSED:
    Correction and Approval of Minutes.
    Merit and Service Awards.
    Election of Officers.
    Draft Advisory Opinion 2004-41: CUNA Mutual Insurance Society, by 
counsel Cleta Mitchell.
    Draft Advisory Opinion 2004-42: Pharmavite LLC, by counsel Robert 
K. Kelner.
    Draft Advisory Opinion 2004-43: Missouri Broadcasters Association, 
by counsel Gregg P. Skall.
    Draft Notice of Proposed Rulemaking on Overnight Mail.
    Draft Notice of Proposed Rulemaking on Payroll Deductions.
    Routine Administrative Matters.

PERSON TO CONTACT FOR INFORMATION: Mr. Robert Biersack, Press Officer, 
Telephone: (202) 694-1220.

Mary W. Dove,
Secretary of the Commission.
[FR Doc. 04-27184 Filed 12-7-04; 3:12 pm]
BILLING CODE 6715-01-M
#### § 1006.640 May a settlement include a voluntary exclusion?

Yes, if we enter into a settlement with you in which you agree to be excluded, it is called a voluntary exclusion and has governmentwide effect.
<PAGE>

                                                                    Exhibit 32.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of PSB Group, Inc. (the "Company") on
Form 10-Q for the period ended September 30, 2007 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, David A. Wilson,
Chief Financial 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
to the best of my knowledge:

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

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


/s/ David A. Wilson                     November 14, 2007
-------------------------------------   Date
David A. Wilson
Chief Financial Officer
Editorial Note on Part 3
Editorial Note: Nomenclature changes to part 3 appear at 89 FR 71806, Sept. 4, 2024.

§ 3.75 Delegation and reservation of authority. ( a ) The Commission hereby delegates, until such time as it orders otherwise, to the Director of the Market Participants Division or his or her designee the authority to grant or deny requests filed pursuant to § 3.12(g). The Director of the Market Participants Division may submit to the Commission for its consideration any matter which has been delegated to them pursuant to § 3.12(g). The Commission hereby delegates, until such time as it orders otherwise, the authority to perform all functions specified in subparts B through D of this part to the persons authorized to perform them thereunder.
( b ) Nothing in this subpart shall prevent the Commission from exercising the authority delegated therein.
( c ) The Commission reserves to itself the decision in any case to proceed by order, upon notice and hearing, to deny, suspend, condition or restrict the registration of any person pursuant to sections 8a(2), 8a(3) and 8a(4) of the Act.
( d ) Nothing in this part shall affect the authority of the Commission to institute a proceeding pursuant to section 6(c) of the Act.
( e ) The Commission may, by order of delegation, authorize a futures association registered pursuant to section 17 of the Act to perform all or any portion of the registration functions under subparts B through D in accordance with rules or procedures adopted by such futures association and submitted to the Commission pursuant to section 17(j) of the Act and subject to the applicable provisions of the Act.
[49 FR 8224, Mar. 5, 1984, as amended at 57 FR 23155, June 2, 1992; 59 FR 5315, Feb. 4, 1994; 77 FR 51909, Aug. 28, 2012]
**Exhibit 99.2**

 

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with theQuarterly Report of MarkWest Hydrocarbon, Inc. (the “Company”), on Form 10-Qfor the period ending March 31, 2003 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Donald C. Heppermann, ChiefFinancial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, asadopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Reportfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934.

 

(2) Theinformation contained in the Report fairly presents, in all material respects,the financial condition and result of operations of the Company.

 

 
| /s/ Donald  C. Heppermann |   |
|---------------------------|--------|
|                      |
| Donald C.  Heppermann     |
| Chief  Financial Officer  |
|                      |
| May 14, 2003              |

 

 

A SIGNED ORIGINAL OF THISWRITTEN STATEMENT REQUIRED BY SECTION 906 HAS BEEN PROVIDED TO MARKWESTHYDROCARBON, INC. AND WILL BE RETAINED BY MARKWEST HYDROCARBON, INC. ANDFURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.

 

----
#### Neil Cifuentes et al., Respondents, v Rose and Thistle, Ltd., Appellant.

[821 NYS2d 622]

In an action to recover damages for personal injuries, the defendant appeals from (1) an order of the Supreme Court, Suffolk County (Molia, J.), dated November 24, 2004, which granted the plaintiffs’ motion to confirm an arbitration award and denied its cross motion to vacate the award, and (2) a judgment of the same court dated November 30, 2004, which, upon the order, is in favor of the plaintiffs and against it.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiffs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action *(see Matter of Aho,*39 NY2d 241, 248 [1976]). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment *(see*CPLR 5501 [a] [1]).

An arbitration award may not be vacated unless it violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator’s power, or unless the rights of a party were prejudiced by the partiality of an arbitrator *(see Matter of Board of Educ. of Arlington Cent. School Dist. v Arlington Teachers Assn.,*78 NY2d 33, 37 [1991]; *Matter of Rockland County Bd. of Coop. Educ. Servs. v BOCES Staff Assn.,*308 AD2d 452, 453 [2003]; *Matter of GEICO Gen. Ins. Co. v Sherman,*307 AD2d 967, 968 [2003]). The defendant argues, in effect, that the award should be vacated because the arbitrator erred in his application of the law regarding negligence. However, “an arbitrator’s award will not be vacated for errors of law and fact committed by the arbitrator” *(Matter of Sprinzen [Nomberg],*46 NY2d 623, 629 [1979]; *see Kleinman v Drexel Burnham Lambert,*192 AD2d 512 [1993]), except under very limited circumstances where the award exhibits a manifest disregard of the law *(see Wien & Malkin LLP v Helmsley-Spear, Inc.,*6 NY3d 471 [2006]). Contrary to the defendant’s contentions, no such circumstances have been shown to exist on this record. Accordingly, the Supreme Court properly granted the plaintiffs’ motion to confirm the award and denied the defendant’s cross motion to vacate the award.

The defendant’s remaining contentions are without merit. Adams, J.P., Mastro, Fisher and Covello, JJ., concur.
#### In the Matter of Charles A. Castro, Petitioner, v Howard Safir, as Police Commissioner of the City of New York, et al., Respondents.

[717 NYS2d 44]

—Determination of respondent Police Commissioner dated December 30, 1998, which dismissed petitioner from his position as a police sergeant, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Franklin Weissberg, JJ, entered July 13, 1999), dismissed, without costs.

Substantial evidence supports respondent’s finding that petitioner’s admitted failure, in his first official departmental interview, to give an accurate account of his role in the matter under investigation was not due to the faulty recollection he claimed in his second interview and in the disciplinary proceeding, but was rather a deliberate falsehood likely intended to protect a fellow officer who was dismissed from the force between petitioner’s two interviews. No basis exists to disturb respondent’s findings of credibility (see, *Matter of Berenhaus v Ward,*70 NY2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness (cf., *Matter of Donofrio v City of Rochester,*144 AD2d 1027, 1028-1029). Concur — Rosenberger, J. P., Wallach, Saxe, Buckley and Friedman, JJ.
### §239l. Establishment

#### (a) United States Public Health Services Track

#### (1) In general

There is hereby authorized to be established a United States Public Health Sciences Track (referred to in this part as the "Track"), at sites to be selected by the Secretary, with authority to grant appropriate advanced degrees in a manner that uniquely emphasizes team-based service, public health, epidemiology, and emergency preparedness and response. It shall be so organized as to graduate not less than—

(A) 150 medical students annually, 10 of whom shall be awarded studentships to the Uniformed Services University of Health Sciences;

(B) 100 dental students annually;

(C) 250 nursing students annually;

(D) 100 public health students annually;

(E) 100 behavioral and mental health professional students annually;

(F) 100 physician assistant or nurse practitioner students annually; and

(G) 50 pharmacy students annually.

#### (2) Locations

The Track shall be located at existing and accredited, affiliated health professions education training programs at academic health centers located in regions of the United States determined appropriate by the Surgeon General, in consultation with the National Health Care Workforce Commission established in section 294q of this title.

#### (b) Number of graduates

Except as provided in subsection (a), the number of persons to be graduated from the Track shall be prescribed by the Secretary. In so prescribing the number of persons to be graduated from the Track, the Secretary shall institute actions necessary to ensure the maximum number of first-year enrollments in the Track consistent with the academic capacity of the affiliated sites and the needs of the United States for medical, dental, and nursing personnel.

#### (c) Development

The development of the Track may be by such phases as the Secretary may prescribe subject to the requirements of subsection (a).

#### (d) Integrated longitudinal plan

The Surgeon General shall develop an integrated longitudinal plan for health professions continuing education throughout the continuum of health-related education, training, and practice. Training under such plan shall emphasize patient-centered, interdisciplinary, and care coordination skills. Experience with deployment of emergency response teams shall be included during the clinical experiences.

#### (e) Faculty development

The Surgeon General shall develop faculty development programs and curricula in decentralized venues of health care, to balance urban, tertiary, and inpatient venues.

(July 1, 1944, ch. 373, title II, §271, as added Pub. L. 111–148, title V, §5315, Mar. 23, 2010, 124 Stat. 637.)