alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 33.9 Unlawful activities. It shall be unlawful for any person: ( a ) Required to be registered with the Commission in accordance with the Act or these regulations expressly or impliedly to represent that the Commission, by declaring effective the registration of such person or otherwise, has directly or indirectly approved such person, or any commodity option transaction solicited or accepted by such person;
( b ) In or in connection with an offer to enter into, the entry into, the confirmation of the execution of, or the maintenance of any commodity option transaction, expressly or impliedly to represent that compliance with the provisions of the Act or these regulations constitutes a guarantee of the fulfillment of the commodity option transaction;
( c ) Upon acceptance of an order for a commodity option transaction, to fail unreasonably to secure prompt execution of such order or upon rejection of an order to fail to notify the person whose order has been rejected of such rejection;
( d ) To manipulate or attempt to manipulate the market price of any commodity option on or subject to the rules of any contract market: *Provided, however,* That for purposes of this paragraph (d), any action taken by a contract market pursuant to a rule approved by the Commission or any emergency action which a contract market is permitted to take pursuant to the Act or these regulations shall not be deemed to be a manipulation; and
( e ) Upon acceptance of an order for a commodity option transaction to bucket such order.
[46 FR 54529, Nov. 3, 1981; 46 FR 55925, Nov. 13, 1981]
LONNIE FRITTS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D14-1240

_____________________________/

Opinion filed July 16, 2014.

An appeal from the Circuit Court for Alachua County.

Mark W. Moseley, Judge.

Lonnie Fritts, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Michael McDermott, Assistant Attorney 

General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

VAN NORTWICK, CLARK, and SWANSON, JJ., CONCUR.
#### The People of the State of New York, Respondent, v Sergio Javier, Appellant.

[821 NYS2d 141]

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Weber, J.), imposed January 15, 2005, on the ground that the sentence is excessive.

Ordered that the sentence is affirmed. No opinion. Adams, J.E, Krausman, Spolzino and Dillon, JJ., concur.
#### Barbara C. McCormick et al., Appellants, v State of New York, Respondent.

Motion for permission to appeal to the Court of Appeals granted, without costs. No issue of fact was considered by this court. Pursuant to CPLR 5713, this court certifies that the following question of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals: "Did the Court of Claims err as a matter of law in denying the cross-motion by claimants for permission to amend the claim to include the East Hudson Parkway Authority as a party defendant?” Koreman, P. J., Greenblott, Mahoney, Main and Herlihy, JJ., concur.
### §272. Administration of oaths by quarantine officers

Medical officers of the United States, when performing duties as quarantine officers at any port or place within the United States, are authorized to take declarations and administer oaths in matters pertaining to the administration of the quarantine laws and regulations of the United States.

(July 1, 1944, ch. 373, title III, §369, 58 Stat. 706.)
###### Editorial Note on Part 217

#### Editorial Note:

Nomenclature changes to part 217 appear at 68 FR 51362, Aug. 26, 2003.

#### §§ 217.62-217.99 [Reserved]
#### Oscar Unz v. Lillian E. Fitzgerald.

Motion denied, with ten dollars costs. Defendant can obtain a stay upon giving an undertaking to secure the judgment. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.
§ 33.4 Applications. ( a ) *Applicant.* An eligible applicant for a guaranty agreement must: ( 1 ) Own or charter a U.S. fishing vessel; and
( 2 ) Submit with his application the fee specified in § 33.6 below.
( b ) *Application forms.* Application forms may be obtained by contacting the Office of Marine Conservation, Bureau of Oceans and International Environmental and Scientific Affairs, Room 7820, U.S. Department of State, Washington, DC 20520-7818; Telephone 202-647-3941.
( c ) *Where to apply.* Applications must be submitted to the Director, Office of marine Conservation, Bureau of Oceans and International Environmental and Scientific Affairs, Room 7820, U.S. Department of State, Washington, DC 20520-7818.
( d ) *Application approval.* Application approval will be by execution of the guaranty agreement by the Secretary or by the Secretary's designee.
#### DENNIS L. ADKINS *v.*COMMISSIONER OF CORRECTION

(AC 24972)

Lavery, C. J., and Schaller and Hennessy, Js.

Submitted on briefs February 24

officially released March 29, 2005

PER CURIAM.

After careful review of the record and briefs, we conclude that the petitioner has not demonstrated that the issues are debatable among jurists of reason, that a court could resolve the issues in a different manner or that the questions raised deserve encouragement to proceed further. See *Lozada*v. *Deeds,*498 U.S. 430, 431-32, 111 S. Ct. 860, 112 L. Ed. 2d 956 (1991); *Simms*v. *Warden,*230 Conn. 608, 616, 646 A.2d 126 (1994).

The appeal is dismissed.
### §19233. Review of contracts and agreements

#### (a) In general

In addition to existing authorities for preventing waste, fraud, abuse, and mismanagement of Federal funds, each Federal research agency shall have the authority to—

(1) require, upon request, the submission to such agency, by an institution of higher education or other organization applying for a research and development award, of supporting documentation, including copies of contracts, grants, or any other agreement specific to foreign appointments, employment with a foreign institution, participation in a foreign talent recruitment program and other information reported as current and pending support for all covered individuals in a research and development award application;

(2) require such institution of higher education or other organization to review any documents requested under paragraph (1) for compliance with the Federal research agency's award terms and conditions, including guidance on conflicts of interest and conflicts of commitment; and

(3) upon receipt and review of the information provided under paragraph (1) and in consultation with the institution of higher education or other organization submitting such information, initiate the substitution or removal of a covered individual from a research and development award, reduce the award funding amount, or suspend or terminate the award if the agency head determines such contracts, grants, or agreements include obligations that—

(A) interfere with the capacity for agency-supported activities to be carried out; or

(B) create duplication with agency-supported activities.

#### (b) Limitations

In exercising the authorities under subsection (a), each Federal research agency shall—

(1) take necessary steps, as practicable, to protect the privacy of all covered individuals and other parties specified in the documentation submitted under paragraph (1) of such subsection;

(2) endeavor to provide justification for requests for supporting documentation made under such paragraph;

(3) require that allegations be proven by a preponderance of evidence; and

(4) as practicable, afford subjects an opportunity to provide comments and rebuttal and an opportunity to appeal before final administrative action is taken.

(Pub. L. 117–167, div. B, title VI, §10633, Aug. 9, 2022, 136 Stat. 1666.)
### §3032h. Repealed. Pub. L. 114–144, §5(d), Apr. 19, 2016, 130 Stat. 342

Section, Pub. L. 89–73, title IV, §419, as added Pub. L. 106–501, title IV, §401, Nov. 13, 2000, 114 Stat. 2264; amended Pub. L. 109–365, title IV, §408, Oct. 17, 2006, 120 Stat. 2557, related to grants for multidisciplinary centers and multidisciplinary systems.
### §3938. Annual report of corporation; audit of accounts

(a)(1) The corporation shall submit an annual report to the President for transmittal to the Congress within six months after the end of its fiscal year. The report shall include a comprehensive and detailed report of the operations, activities, and financial condition of the corporation and the partnership under this chapter.

(2) The report shall contain a description of the activities undertaken under section 3936(a)(4) of this title, and shall specify, as a percentage of equity and in dollars, the extent of the corporation's and the partnership's investment in housing for the benefit of families and individuals of low or moderate income, the extent of the corporation's and the partnership's investment in other housing, and the extent of the corporation's and the partnership's activities which are undertaken under section 3936(a)(4) of this title.

(b) The accounts of the corporation and of the partnership shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States.

(Pub. L. 90–448, title IX, §908, Aug. 1, 1968, 82 Stat. 550; Pub. L. 98–479, title I, §104(c)(3), Oct. 17, 1984, 98 Stat. 2225.)

#### **Editorial Notes**

#### Amendments

1984—Subsec. (a). Pub. L. 98–479 designated existing provisions as par. (1) and added par. (2).

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

#### Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (a) of this section relating to transmittal of annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and item 2 on page 182 of House Document No. 103–7.
### §1997i. Disclaimer respecting standards of care

Provisions of this subchapter shall not authorize promulgation of regulations defining standards of care.

(Pub. L. 96–247, §11, May 23, 1980, 94 Stat. 354.)
#### § 216.4 Private applicants.

Programs, projects or activities for which financing from A.I.D. is sought by private applicants, such as PVOs and educational and research institutions, are subject to these procedures. Except as provided in § 216.2 (b), (c) or (d), preliminary proposals for financing submitted by private applicants shall be accompanied by an Initial Environmental Examination or adequate information to permit preparation of an Initial Environmental Examination. The Threshold Decision shall be made by the Mission Director for the country to which the proposal relates, if the preliminary proposal is submitted to the A.I.D. Mission, or shall be made by the officer in A.I.D. who approves the preliminary proposal. In either case, the concurrence of the Bureau Environmental Officer is required in the same manner as in § 216.3(a)(2), except for PVO projects approved in A.I.D. Missions with total life of project costs less than $500,000. Thereafter, the same procedures set forth in § 216.3 including as appropriate scoping and Environmental Assessments or Environmental Impact Statements, shall be applicable to programs, projects or activities submitted by private applicants. The final proposal submitted for financing shall be treated, for purposes of these procedures, as a Project Paper. The Bureau Environmental Officer shall advise private applicants of studies or other information foreseeably required for action by A.I.D.

[45 FR 70247, Oct. 23, 1980]
### §3789o. Repealed. Pub. L. 98–473, title II, §609B(e), Oct. 12, 1984, 98 Stat. 2093

Section, Pub. L. 90–351, title I, §826, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1214, required reimbursement of Federal assistance for unused equipment.
### §300aa–18. Repealed. Pub. L. 100–203, title IV, §4303(d)(2)(B), Dec. 22, 1987, 101 Stat. 1330–222

Section, act July 1, 1944, ch. 373, title XXI, §2118, as added Nov. 14, 1986, Pub. L. 99–660, title III, §311(a), 100 Stat. 3771, provided for annual increases for inflation of compensation under subsections (a)(2) and (a)(4) of section 300aa–15 of this title and civil penalty under section 300aa–27(b) of this title.
**Exhibit 31.2**

**CERTIFICATIONS**

I, Daniel A. Coccoluto,certify that:

1. I have reviewed thisquarterly report on Form 10-Q of Omtool, Ltd.;

2. Based on my knowledge,this report does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

3. Based on my knowledge,the financial statements, and other financial information included in thisreport, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, theperiods presented in this report;

4. The registrant’s othercertifying officers and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:

a) Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

**b)[Paragraph omitted in accordance with SEC transition instructions contained inSEC Releases 33-8760, 34-47986 and 33-8618.]**

c) Evaluated theeffectiveness of the registrant’s disclosure controls and procedures and presentedin this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this reportbased on such evaluation; and

d) Disclosed in thisreport any change in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

5. The registrant’s othercertifying officers and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the registrant’s auditors andthe audit committee of the registrant’s board of directors:

a) All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

b) Any fraud, whether ornot material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

Date: May 15, 2007
|        |   | By:    |   | /s/ Daniel A. Coccoluto |   |
|--------|--------|--------|--------|-------------------------|--------|
|   |   |   |   | Daniel A. Coccoluto     |
|   |   |   |   | Chief Financial Officer |

 

----
#### The People of the State of New York, Respondent, v Shawn Pauling, Appellant.

[715 NYS2d 648]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Friedman, J.), rendered September 10, 1996, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the verdict was legally insufficient is unpreserved for appellate review *(see,*CPL 470.05 [2]; *People v Gray,*86 NY2d 10; *People v Udzinski,*146 AD2d 245, 250). In any event, viewing the evidence in the light most favorable to the prosecution *(see, People v Contes,*60 NY2d 620), we find that the evidence was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury, which saw and heard the witnesses *(see, People v Gaimari,*176 NY 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record *(see, People v Garafolo,*44 AD2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence *(see,*CPL 470.15 [5]).

The defendant’s sentence is not excessive *(see, People v Suitte,*90 AD2d 80, 85-86).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. O’Brien, J. P., Goldstein, Florio and McGinity, JJ., concur.
#### Grenadeir Parking Corp., Respondent, v Landmark Associates, Appellant.

[716 NYS2d 300]

—Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered April 7, 2000, which, *inter alia,*denied defendant’s cross motion for summary judgment, unanimously affirmed, with costs.

Summary judgment was properly denied since the evidence submitted on the motion raises an issue of fact as to whether the deteriorated condition of the floors and surfaces of the subject premises is attributable to improper construction of the premises and consequently necessitates repairs properly deemed structural, or to plaintiff tenant’s failure to maintain the premises, in which case the required repairs would be of a non-structural sort. Although defendant landlord, relying on various provisions of the parties’ lease, contends that plaintiff bears responsibility for repairing the premises regardless of whether the needed repairs are structural or non-structural, the lease provisions cited by defendant do not clearly allocate the parties’ respective repair obligations in the manner urged and extrinsic evidence is necessary to resolve this issue *(see, Burger King Corp. v 111 Cedar St. Co.,*188 AD2d 379). Concur — Nardelli, J. P., Williams, Ellerin, Lerner and Rubin, JJ.
#### Nancy C. Hess, appellant, v. George A. Minier, appellee.

Action to recover the value of bonds kept in defendant’s safety deposit vault and lost by burglary. Judgment for defendant. Appeal from the Circuit Court of Pike county; the Hon. Harry Higbee, Judge, presiding. Heard in this court at the April term, 1922.

Reversed and remanded.

Opinion filed October 25, 1922.

Rehearing denied December 19, 1922.

William Mumford and Barry Mumford, for appellant. Williams & Williams, for appellee.

Mr. Presiding Justice Niehaus

delivered the opinion of the court.
### §300n–5. Funding for general program

#### (a) Authorization of appropriations

For the purpose of carrying out this subchapter, there are authorized to be appropriated $50,000,000 for fiscal year 1991, such sums as may be necessary for each of the fiscal years 1992 and 1993, $150,000,000 for fiscal year 1994, such sums as may be necessary for each of the fiscal years 1995 through 2003, $225,000,000 for fiscal year 2008, $245,000,000 for fiscal year 2009, $250,000,000 for fiscal year 2010, $255,000,000 for fiscal year 2011, and $275,000,000 for fiscal year 2012.

#### (b) Set-aside for technical assistance and provision of supplies and services

Of the amounts appropriated under subsection (a) for a fiscal year, the Secretary shall reserve not more than 20 percent for carrying out section 300n–3 of this title.

(July 1, 1944, ch. 373, title XV, §1510, formerly §1509, as added Pub. L. 101–354, §2, Aug. 10, 1990, 104 Stat. 415; renumbered §1510 and amended Pub. L. 103–183, title I, §§102(a)(1), (b), 103, Dec. 14, 1993, 107 Stat. 2229, 2230; Pub. L. 105–340, title II, §203(c)(2), Oct. 31, 1998, 112 Stat. 3194; Pub. L. 110–18, §2(4), Apr. 20, 2007, 121 Stat. 83.)

#### **Editorial Notes**

#### Prior Provisions

Prior sections 300n–5 and 300n–6 were repealed by Pub. L. 99–660, title VII, §701(a), Nov. 14, 1986, 100 Stat. 3799, effective Jan. 1, 1987.

Section 300n–5, act July 1, 1944, ch. 373, title XV, §1536, as added Jan. 4, 1975, Pub. L. 93–641, §3, 88 Stat. 2257; amended Aug. 1, 1977, Pub. L. 95–83, title I, §106(p), (q), 91 Stat. 385; Oct. 4, 1979, Pub. L. 96–79, title I, §104(c)(1), 93 Stat. 596; Aug. 13, 1981, Pub. L. 97–35, title IX, §935(a), 95 Stat. 571; Jan. 4, 1983, Pub. L. 97–414, §8(p), 96 Stat. 2062, made special provisions for certain States and territories.

Section 300n–6, act July 1, 1944, ch. 373, title XV, §1537, as added Aug. 13, 1981, Pub. L. 97–35, title IX, §933(b), 95 Stat. 570, authorized appropriations for grants and contracts under former sections 300l–5(a), 300m–4(a), and 300n–3(a) of this title.

#### Amendments

2007—Subsec. (a). Pub. L. 110–18 struck out "and" after "$150,000,000 for fiscal year 1994," and inserted before period at end ", $225,000,000 for fiscal year 2008, $245,000,000 for fiscal year 2009, $250,000,000 for fiscal year 2010, $255,000,000 for fiscal year 2011, and $275,000,000 for fiscal year 2012".

1998—Subsec. (a). Pub. L. 105–340 substituted "2003" for "1998".

1993—Pub. L. 103–183, §102(b), inserted "for general program" after "Funding" in section catchline.

Subsec. (a). Pub. L. 103–183, §103, struck out "and" after "1991," and inserted before period at end ", $150,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998".
I 

109TH CONGRESS 

1ST SESSION H. R. 245

To amend the Immigration and Nationality Act with respect to the record 

of admission for permanent residence in the case of certain aliens. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2005

Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL

To amend the Immigration and Nationality Act with respect 

to the record of admission for permanent residence in 

the case of certain aliens.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Date of Registry and 

5 Legal Amnesty Restoration Act of 2005’’. 

6 SEC. 2. RECORD OF ADMISSION FOR PERMANENT RESI7 DENCE IN THE CASE OF CERTAIN ALIENS. 

8 (a) IN GENERAL.—Section 249 of the Immigration 

9 and Nationality Act (8 U.S.C. 1259) is amended—
2

•HR 245 IH 

1 (1) in subsection (a), by striking ‘‘January 1, 

2 1972’’ and inserting ‘‘January 1, 1986’’; and 

3 (2) by striking ‘‘january 1, 1972’’ in the head4 ing and inserting ‘‘January 1, 1986’’. 

5 (b) EFFECTIVE DATES.—

6 (1) GENERAL RULE.—The amendments made 

7 by subsection (a) shall take effect on the date of the 

8 enactment of this Act. 

9 (2) EXTENSION OF DATE OF REGISTRY.—

10 (A) PERIOD BEGINNING JANUARY 1, 

11 2006.—Beginning on January 1, 2006, section 

12 249 of the Immigration and Nationality Act (8 

13 U.S.C. 1259) is amended by striking ‘‘January 

14 1, 1986’’ each place it appears and inserting 

15 ‘‘January 1, 1987’’. 

16 (B) PERIOD BEGINNING JANUARY 1, 

17 2007.—Beginning on January 1, 2007, section 

18 249 of such Act is amended by striking ‘‘Janu19 ary 1, 1987’’ each place it appears and insert20 ing ‘‘January 1, 1988’’. 

21 (C) PERIOD BEGINNING JANUARY 1, 

22 2008.—Beginning on January 1, 2008, section 

23 249 of such Act is amended by striking ‘‘Janu24 ary 1, 1988’’ each place it appears and insert25 ing ‘‘January 1, 1989’’. 
3

•HR 245 IH 

1 (D) PERIOD BEGINNING JANUARY 1, 

2 2009.—Beginning on January 1, 2009, section 

3 249 of such Act is amended by striking ‘‘Janu4 ary 1, 1989’’ each place it appears and insert5 ing ‘‘January 1, 1990’’. 

6 (E) PERIOD BEGINNING JANUARY 1, 

7 2010.—Beginning on January 1, 2010, section 

8 249 of such Act is amended by striking ‘‘Janu9 ary 1, 1990’’ each place it appears and insert10 ing ‘‘January 1, 1991’’.

Æ