alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Vladimir Kirkorov, Petitioner, v Justices of Supreme Court of Queens County et al., Respondents.

[818 NYS2d 920]

Proceeding pursuant to CPLR article 78 in the nature of prohibition and mandamus, inter alia, to prohibit Robert C. McGann, a Justice of the Supreme Court, Queens County, from proceeding with the trial in a criminal action entitled *People v Kirkorov,*pending in the Supreme Court, Kings County, under indictment No. 2674/03. Motion by the petitioner to stay all proceedings in the Supreme Court, Queens County, under indictment Nos. 2674/03 and 808/05 pending the hearing and determination of this proceeding.

Motion by the respondent Country-Wide Insurance Company to dismiss the proceeding insofar as asserted against it on the ground that this Court is without jurisdiction.

Ordered that the motion to stay all proceedings under Kings County indictment Nos. 2674/03 and 808/05 pending hearing and determination of this proceeding is denied; and it is further,

Ordered that the motion by Country-Wide Insurance Company to dismiss the proceeding insofar as asserted against it is granted *(see*CPLR 506 [b]), and the proceeding insofar as asserted against Country-Wide Insurance Company is dismissed, without costs or disbursements; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed insofar as asserted against the remaining respondents, without costs or disbursements.

“Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court — in cases where judicial authority is challenged — acts or threatens to act either without jurisdiction or in excess of its authorized powers” *(Matter of Holtzman v Goldman,*71 NY2d *431564, 569 [1988]; *see Matter of Rush v Mordue,*68 NY2d 348, 352 [1986]). Similarly, the extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only when there exists a clear legal right to the relief sought *(see Matter of Legal Aid Socy. of Sullivan County v Scheinman,*53 NY2d 12, 16 [1981]).

The petitioner here has failed to demonstrate a clear legal right to the relief sought. Prudenti, PJ., Florio, Miller and Schmidt, JJ., concur.
###### Editorial Note on Part 40

#### Editorial Note:

Nomenclature changes to part 40 appear at 71 FR 34520 and 34521, June 15, 2006.

#### § 40.32 Terrorist activities. [Reserved]
#### Mary E. Giardina, Appellant, v. Charles A. Giardina, Respondent.

Motion granted and appeal dismissed, without costs.
#### § 229.440 Health and insurance benefits and services.

Subject to § 229.235(d), in providing a medical, hospital, accident, or life insurance benefit, service, policy, or plan to any of its students, a recipient shall not discriminate on the basis of sex, or provide such benefit, service, policy, or plan in a manner that would violate §§ 229.500 through 229.550 if it were provided to employees of the recipient. This section shall not prohibit a recipient from providing any benefit or service that may be used by a different proportion of students of one sex than of the other, including family planning services. However, any recipient that provides full coverage health service shall provide gynecological care.
United States District Court

For the Northern District of California

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United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

ERIC JAMES BAKER, 

Plaintiff,

 v.

COUNTY OF SONOMA,

Defendants. /

No. 08-03433 EDL

ORDER GRANTING APPLICATION TO

APPEAR TELEPHONICALLY

 On February 1, 2010, Plaintiff’s counsel filed a request to appear telephonically at the motion

hearing set for February 2, 2010 at 4:00 p.m. The Court notes that the request was made less than 36

hours before the hearing, and does not set forth good cause for the request. However, the Court

understands that lead counsel for Plaintiff is based in New York and as a practical matter has

probably made the request too late to make travel arrangements to appear in person. Therefore, the

Court reluctantly GRANTS the Request.

Counsel shall stand by beginning at the date and time above until called by the Court. The

Court will call counsel at (646) 723-2454 when the courtroom deputy calls this case. Counsel shall

be ready to answer the Court’s call personally. 

Dated: February 1 , 2010 

ELIZABETH D. LAPORTE

United States Magistrate Judge

Case 3:08-cv-03433-EDL Document 144 Filed 02/01/10 Page 1 of 1
### §§297w, 297x. Repealed. Pub. L. 116–136, div. A, title III, §3404(a)(12), Mar. 27, 2020, 134 Stat. 394

Section 297w, act July 1, 1944, ch. 373, title VIII, §861, formerly §851, as added Pub. L. 107–205, title I, §102, Aug. 1, 2002, 116 Stat. 812; renumbered §861, Pub. L. 111–148, title V, §5310(b)(9)(A), Mar. 23, 2010, 124 Stat. 631, related to public service announcements by the Secretary to promote the nursing profession.

A prior section 861 of act July 1, 1944, was classified to section 298c of this title, prior to the reorganization and amendment of this subchapter by Pub. L. 90–490.

Another prior section 861 of act July 1, 1944, was classified to section 298c–1 of this title, prior to renumbering as section 846 by Pub. L. 94–63, transfer to section 297k of this title, and subsequent repeal.

Section 297x, act July 1, 1944, ch. 373, title VIII, §862, formerly §852, as added Pub. L. 107–205, title I, §102, Aug. 1, 2002, 116 Stat. 812; renumbered §862, Pub. L. 111–148, title V, §5310(b)(9)(A), Mar. 23, 2010, 124 Stat. 631, related to State and local public service announcements to promote the nursing profession.

A prior section 862 of act July 1, 1944, was classified to section 298c–1 of this title, prior to the reorganization and amendment of this subchapter by Pub. L. 90–490.
§ 214.36 Records of advisory committees. ( a ) The A.I.D. Advisory Committee Representative is to maintain the records of the advisory committee in a location known to the A.I.D. Advisory Committee Management Officer.
( b ) Such records are to include the reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents which were made available to, or prepared for or by, the advisory committee.
( c ) Advisory committee records are maintained and disposed of according to procedures prescribed in the Agency's Handbook 21—*Communications,* Part III, Records Filing and Disposition Manual.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2502 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2502

  To suspend temporarily the duty on Phosphonic acid (2-chloroethyl) 
                              (Ethephon).

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2005

 Mr. McCrery introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To suspend temporarily the duty on Phosphonic acid (2-chloroethyl) 
                              (Ethephon).

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

SECTION 1. PHOSPHONIC ACID (2-CHLOROETHYL) (ETHEPHON).

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.08.12       Phosphonic acid    Free         No change        No change        On or before 12/  ''.
                         (2-chloroethyl)                                                    31/2008
                         (Ethephon) (CAS
                         No. 16672-87-0)
                         (provided in
                         subheading
                         2931.00.90)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
**Exhibit 10.9**

 

**ARNOLD E. DITRI**

** **

** **

** **

May9, 2002

 

 

 

 

Mr. Robert Voelk

Chief Executive Officer

Omtool, Ltd

8 Industrial Way

Salem, NH 03079

 

 

 

Dear Bob,

 

                Outlinedbelow is the role that would best allow me to help you increase the overallsuccess and shareholder value for Omtool. I would plan to spend an average oftwo days per month working with you on:

 
| • |   | Corporate business and  strategic development;                |
|--------|--------|---------------------------------------------------------------|
|   |   |                                                          |
| • |   | Advisory activities in the  areas of Marketing and Sales; and |
|   |   |                                                          |
| • |   | Consulting services with  you and Omtool management.          |

 

                Myproactive involvement with the Company would also enable me to be a soundingboard on key senior management decisions and problems.

 

                Aswe discussed, Bob, I normally bill at an hourly rate. My current rate will beprovided to you from time to time. My actual out of pocket expenses, whileminimal, would be billed separately. Services will be provided as agreedmutually between Omtool and me.

 

                Ithas been my experience, Bob, that building complete trust and open cooperationbetween senior company managers and the Board of Directors is best achieved bycreating a strong common sense of winning. This proposal, I hope, will help mework effectively with you and your Omtool team.

 

| Regards,            |
|---------------------|
|                |
|                |
| /s/ Arnold E. Ditri |

 

 

 

 

 

**DITRI MANAGEMENT LLC, 2 WALSH LANE, GREENWICH, CT 06830 (203)661-1701**

**FAX: (203) 622-0554 E-MAIL: ARNOLDDITRI@AOL.COM**

** **

----
#### Charles N. Wilkinson, Appellant, v. State of New York, Respondent.

(Claim No. 30979.)

— Judgment unanimously affirmed, without costs of this *621appeal to either party. (Resubmission of appeal from judgment of the Court of Claims dismissing a claim for property damage to claimant’s automobile and for damages for loss of services of, and medical attendance for, claimant’s wife.) Present — Williams, P. J., Bastow, Halpem, McClusky and Henry, JJ.
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2003PTP204PYP

-1-

(PROPOSED) ORDER PERMITTING EQUIPMENT (C08-3630 BZ)

HOWARD MOORE, JR., (STATE BAR NO. 55228)

JANE BOND MOORE, (STATE BAR NO. 72000)

MOORE & MOORE

1563 Solano Avenue, #204

Berkeley, CA 94707-2116

Telephone: (510) 452-7172

Facsimile: (510) 528-3024

E-mail: moorlaw@aol.com

PAMELA Y. PRICE, ESQ. (STATE BAR NO. 107713)

JESHAWNA R. HARRELL, ESQ. (STATE BAR NO. 257773)

PRICE AND ASSOCIATES

A Professional Law Corporation

The Latham Square Building

1611 Telegraph Avenue, Suite 1450

Oakland, CA 94612

Telephone: (510) 452-0292

Facsimile: (510) 452-5625

E-mail: pypesq@aol.com

Attorneys for Plaintiff

ANDREA GORDON

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ANDREA GORDON, 

Plaintiff,

v.

THE BAY AREA AIR QUALITY

MANAGEMENT DISTRICT, 

Defendant.

 

)

)

)

)

)

)

)

)

)

)

)

NO. C08-3630 BZ

[PROPOSED] ORDER PERMITTING

PLAINTIFF TO USE CERTAIN

EQUIPMENT DURING JURY TRIAL

AND TO BRING SUCH EQUIPMENT

INTO COURTHOUSE 

HON. BERNARD ZIMMERMAN

 Being that a jury trial is scheduled to begin in the above-entitled matter on May 10,

2010, and being that a request has been made by Plaintiff ANDREA GORDON to allow the use of a

projector, a table for projection purposes, an easel, a camera, a set of laptop speakers, three (3)

laptops, and a printer during said jury trial,

IT IS HEREBY ORDERED that the request to use said equipment during the jury

trial is hereby GRANTED; and

Case 3:08-cv-03630-BZ Document 144 Filed 05/03/10 Page 1 of 2
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2003PTP204PYP

-2-

(PROPOSED) ORDER PERMITTING EQUIPMENT (C08-3630 BZ)

IT IS FURTHER ORDERED that said equipment may be brought into the courthouse

commencing on Friday, May 7, 2010, for the jury trial, scheduled to begin May 10, 2010.

Dated: _____________ 

HON. BERNARD ZIMMERMAN

MAGISTRATE JUDGE 

UNITED STATES DISTRICT COURT

May 3, 2010

Case 3:08-cv-03630-BZ Document 144 Filed 05/03/10 Page 2 of 2
Aviston Harris of Avee Tech Solutions,LLC

909 Deddingfield dr Knightdale, NC 27545

I am petitioning for exemption for the following CFR’s . Part 21 Airworthiness Certification 21, Subpart H Part 91 General Operating and Flight Rules: 91.417 , 91.409, 91.407, 91.405, 91.151, 91.121, 91.119, 91.109, 91.105, 91.103(b)(2)

An exe mption till allow Aviston Harris at Avee Tech Solutions, LLC. To operate the DJI Phantom 3 quad copter unmanned aircraft system (UAS) to conduct aerial videography and cinematograp hy to

I will abide by the rules of safety to operate my DJI Phantom 3 in s afe environments that are firmly controlled, away from power lines, airpo rts, raised or elevated lights and active populated areas . To safely operate my DJI Phantom 3 I will condu ct extensive preflight inspections of each component. During flight I will adhere to safety flight protocol. T he DJI Phantom 3 is restricted from attempting to fly in any no fly zone s due to a safety feature written in the software that maps no fly zone areas. This feature will forbid the aircraft from entering the area. This feature will forbid the aircraft from entering the area. Also, I have researched and located all no fly zones in my area of use to make sure that I am not in the path

. I will keep my DJI Phantom 3 at below 400 feet of maximum altitude when in flight while maintaining full visibility at all times. I will include all documentation that is included with the DJI Phantom 3 UAS that covers features, operations and safety. The UAS or DJI Phantom 3, is comprised of a unmanned aircraft and a transportable ground station. The DJI Phantom is a quad copter with a max weight of 3 pounds. Its equipped with 4 rotors that are battery powered. There’s a built in camera on the UAS that I will use in the state of North Carolina record real estate listing videos and pictures. Since the size, weight, speed and limited operating area the aircraft utilizes limits this aircraft I would like to become exempt from the following below. I will mark the aircra ft with identifiable lettering so that anyon assisting me will be able to spot the aircraft also there are distinctive LED lights that illuminate. The aircraft does not have a cockpit, or pilot station to mark certain words or phrases. I would request exem ption for maintenance inspections for aircraft with airworthiness certificates. I willpeform preflight checks on my UAS before each flight that’s outlined in the operating documents. Since

the UAS does not carry any passenger or pilot . A pilots license i s not necessary , a license will not ensure remote control piloting skills. The risks of a UAS is a very low risk compared to that of a commercial aircraft with passengers and pilots. I have completed hours of training by flying numerous practice flights i n remote areas as a hobbyist in several different weather conditions and environments, also using my flight simulator that is designed for the aircraft.
WaveCloud

Formedbystronghorizontal

windsoveruneventerrain

ShelfCloud

Representstheleadingedge

ofstrongwindsinadvance

ofathunderstorm

WallCloud

Loweringoftherainfree

baseofathunderstorm,often

priortotornadoformation

Tornado

Rapidlyrotatingcolumn

underacumulonimbuscloud

thattouchestheground

Mammatus

Droopingundersideof

heavy,rain-saturatedclouds

L9:Cumulonimbus

Withfibroustop,often

withananvil

L8:Cumulus&Stratocumulus

Notspreading,basesat

differentlevels

L7:StratusFractus

and/orCumulusFractus

occurswithrainorsnow

L6:Stratus

Inacontinuouslayer

and/orraggedshreds

L5:Stratocumulus

Notfrom thespreading

andflatteningofcumulus

L4:Stratocumulus

From thespreadingand

flatteningofcumulus

L3:Cumulonimbus

Topsnotfibrous,outlinenot

completelysharp,noanvil

L2:Cumulus

Moderate/strongvertical

extent,ortoweringcumulus

L1:Cumulus

Cumulusoffairweather

withflattenedappearance

M9:Altocumulus

Chaoticsky,cloudbases

atseverallevels

M8:Altocumulus

Withcumulus-liketufts

orturrets

M7:Altocumulus

Oneormoreopaquelayers,

w/altostratusornimbostratus

M6:Altocumulus

From thespreadingof

cumulusorcumulonimbus

M5:Altocumulus

Oneormorebandsorlayers,

expanding,thickening

M4:Altocumulus

Lens-shaped,orcontinually

changingshapeandsize

M3:Altocumulus

Semi-transparent,onelevel,

cloudelementschangeslowly

M2:Altostratusor

Nimbostratus

Denseenoughtohide

thesunormoon

M1:Altostratus

Mostlysemi-transparent,sun

ormoonmaybedimlyvisible

H9:Cirrocumulus

Aloneorwithsomecirrus

orcirrostratus

H8:Cirrostratus

Notincreasing,not

coveringthewholesky

H7:Cirrostratus

Translucent,completely

coveringthesky

H6:Cirrostratus

Cirrusbands,increasing,

veilabove45°elevation

H5:Cirrostratus

Cirrusbands,increasing,

below45°elevation

H4:Cirrus

Inhooksorfilaments,

increasing,becomingdenser

H3:Cirrus

Oftenanvilshapedremains

ofacumulonimbus

H2:Cirrus

Dense,inpatchesorsheaves,

notincreasing,orwithtufts

H1:Cirrus

Intheform offilaments,

strands,orhooks

LowClouds:cloudbasesUpto6,500ft(0-2km)

MiddleClouds:cloudbases6,500-23,000ft(2-7km)

HighClouds:cloudbases16,000-50,000ft(5-15km)

SpecialphotocreditthankstoJimW.Lee,EricKurth,BrianKlimowski,andEricHelgeson

http://www.weather.gov/os/brochures/cloudchart.pdf

TypicalTypes:Stratus(St),Stratocumulus(Sc),Cumulus(Cu),Cumulonimbus(Cb)

TypicalTypes:Altostratus(As),Altocumulus(Ac),Nimbostratus(Ns)

TypicalTypes:Cirrus(Ci),Cirrostratus(Cs),Cirrocumulus(Cc)

SKYWATCHERCHART
§ 502.4 Media or organization one-time requests for broadcast quality agency program materials. Upon request, the Agency may provide a broadcast-quality copy of Agency program materials to media entities, educational organizations, not-for-profit corporations, or other requestors. Requestors will be informed if materials are subject to third party content holders' restrictions. One-time requests for broadcast quality copies of Agency program materials should be directed to: ( a ) The Voice of America Office of Public Relations for broadcast-quality copies of Voice of America program materials; and
( b ) The TV Marti Division of the Office of Cuba Broadcasting for broadcast-quality copies of TV or Radio Marti program materials.
[78 FR 67026, Nov. 8, 2013]
# Delegation of Certain Reporting Authority

# Memorandum for the Chairperson of the National Endowment for the Arts 

By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby delegate to you the functions conferred upon the President in the National Foundation on the Arts and Humanities Act of 1965, as amended (20 U.S.C. 959(d)) to provide the specified report relating to the National Endowment for the Arts to the Congress. 

                    You are authorized and directed to publish this memorandum in the                     **Federal Register**                    .                 

[FR Doc. 04-27467

Billing code 3195-01-P
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Uni

ted 

Stat

es D

istr

ict C

ourt

For t

he N

orth

ern 

Dis

trict

 of C

alifo

rnia

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

VIOLETTA HOANG, et al.,

Plaintiffs,    v.

REUNION.COM, INC.,

Defendant.                                                                      /

No. C-08-3518 MMC

ORDER DENYING WITHOUTPREJUDICE DEFENDANT’S MOTION TOSTRIKE

Before the Court is defendant’s Motion to Strike Portions of Plaintiffs’ First Amended

Complaint, filed April 23, 2010.  Plaintiffs have filed opposition, to which defendant has

replied.

By separate orders filed concurrently herewith, the Court has granted defendant’s

Motion to Certify March 31, 2010 Order for Interlocutory Review and defendant’s

Application to Stay Discovery Pending Appeal.  In the interests of judicial economy, the

Court finds it appropriate to defer consideration of the Motion to Strike until such time as

the Ninth Circuit either declines to permit appeal of the certified Order or issues a final

decision determining the issues addressed in the Court’s March 31, 2010 Order.

Accordingly, the Motion to Strike is hereby DENIED, without prejudice to defendant’s

renoticing the motion upon the lifting of the stay of discovery.

IT IS SO ORDERED.

Dated:  June 9, 2010                                                   MAXINE M. CHESNEYUnited States District Judge

Case 3:08-cv-03518-MMC   Document 132   Filed 06/09/10   Page 1 of 1

    -       - Superintendent of Documents
      - 2018-03-13T02:07:59-0400
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
IN THE SUPREME COURT OF THE STATE OF MONTANA DA 20

- 0459

_________________ B.Y.O.B., Inc., a Montana Corporation, JIM GLANTZ, Individually and as PERSONAL REPRESENTATIVE OF THE ESTATE OF DONNA GLANTZ, Deceased, ON BEHALF OF THE ESTATE OF DONNA GLANTZ, BARBARA RILEY, MEADOW LAKE REAL ESTATE a/b/n of CYA, Inc., GILDO, LLC, a Montana Limited Liabilit y Co mpany, TERIN GILDEN, and NATHAN GILDEN,

Plaint iffs and Appellants,

v. STATE OF MONTANA, a governmental ent it y; THE MONTANA DE PARTMENT OF REVENUE, a polit ical subdivisio n of the State of Montana; and DOES A

- Z, Defendants and Appellees. O R D E R

_________________ 

### Pursuant to the Internal Operating Rules of this Court, this cause is classified for submiss ion on briefs to a five

- justice panel of this Court. The Clerk is directed to provide a copy hereof to all counsel of r ecord and to the Honorable Jon A. Oldenburg , District Judge

. For the Court,

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

April 28 2021

04/28/2021

Case Number: DA 20-0459