alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### C OURT OF 

### A PPEALS FOR THE



### F IRST 

### D ISTRICT OF 

### T EXAS AT 

### H OUSTON



### N OTICE OF 

### O RDER ON 

### M OTION

November 7, 2008 Revision Cause number s : 01

- 12

- 00049

- CV

Style: Joe Anthony Romero

Kroger Company/ KrogerCo./aka Kroger Texas L.P., Sedgwick Claims Management

Services Osha,Phillips, Akers and WOMAC

Date motion filed * : February 15 , 2013

Type of motion: Motion for e x tension of t ime to file brief

Party filing motion: Appellant

Document to be filed: Appellant ’ s Brief

If motion to extend time:

Deadline to file document: February 27, 2013

Number of previous extensions granted: 0

Length of extension sought: 120 days

Ordered that motion is:

 Granted in part, denied in part

If document is to be filed, document due: A p ril 29, 2013

 The Clerk is instructed to file the document as of the date of this order

 Absent extraordinary circumstances, the Court will not grant additional motions to extend

time

 Denied

 Dismissed ( e.g. , want of jurisdiction, moot)

Judge's signature: /s/ Laura C. H igley

 Acting in dividually  Acting for the Court

Panel consists of

______________________________ .

Date: February 19 , 2013
#### Helen Bulvas et al., Appellants, v Fred Dubrowsky, Respondent.

[716 NYS2d 337]

—In an action to recover damages for dental malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Rockland County (Sherwood, J.), dated September 9, 1999, which, upon a jury verdict, is in favor of the defendant and against them, dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiffs’ contention that the verdict was not based on legally sufficient evidence is not preserved for appellate review, as it was never raised in the trial court (see, *Matter of Star Leslie W.,*63 NY2d 136, 145; *Nelson v Times Sq. Stores Corp.,*110 AD2d 691). In any event, the evidence provided the jury with a basis to rationally conclude that the defendant did not commit dental malpractice (see, *Mirand v City of New York,*84 NY2d 44, 49-50; *Cohen v Hallmark Cards,*45 NY2d 493, 499; *Altman v Alpha Obstetrics & Gynecology,*255 AD2d 276, 277). The plaintiffs’ contention that the verdict was against the weight of the evidence is also without merit, as the verdict was supported by a fair interpretation of the evidence (see, *Voiclis v International Assn. of Machinist & Aerospace Workers,*239 AD2d 339; *Corcoran v People's Ambulette Serv.,*237 AD2d 402, 403; *Nicastro v Park,*113 AD2d 129, 134). Ritter, J. P., Altman, H. Miller and Smith, JJ., concur.
Editorial Note on Part 161
Editorial Note: Nomenclature changes to part 161 appear at 85 FR 32296, July 13, 2020.

§ 161.11 Environmental review and consultation requirements. In addition to the environmental review requirements of NEPA the Department has other statutory environmental review and consultation requirements. Departmental officials, in cooperation with the Office of Environmental Quality and Transboundary Issues and the Office of the Legal Adviser shall, to the maximum extent possible, conduct environmental review and consultation for these additional requirements concurrently with and integrated with preparation of assessments, and environmental impact statements. The principal additional requirements affecting the Department of State's actions are outlined below. ( a ) Section 7 of the Endangered Species Act, as amended, 16 U.S.C. 1531 *et seq.,* requires identification of and consultation on aspects of any Departmental action that may have effects in the United States on listed species or their habitat. As appropriate, written request for consultation, along with the draft environmental document, shall be conveyed by the Office of Environmental Quality and Transboundary Issues to the Regional Director of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, as appropriate, for the Region in the United States where the action will be carried out.
( b ) Section 106 of the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470(f), requires identification of National Register properties, eligible properties, or properties in the United States which may be eligible for the National Register within the area of the potential impact of a proposed Departmental action. Evaluation of the impact of the action on such properties shall be discussed in draft environmental impact statements and transmitted to the Advisory Council on Historic Preservation for comments.
( c ) Executive Order 11988 (Floodplains Management) and Executive Order 11990 (Wetlands), requires identification of actions which will occur in or affect a floodplain or wetland (e.g., in areas along the boundary with Canada or Mexico). A comparative evaluation of such actions shall be discussed in draft environmental impact statements and transmitted to the U.S. Water Resources Council for comments.
( d ) Fish and Wildlife Coordination Act, 16 U.S.C. 661 *et seq.*
( e ) Section 309 of the Clean Air Act of 1955, as amended, 42 U.S.C. 7609.
( f ) Clean Water Act of 1977, 33 U.S.C. 1251 *et seq.*
( g ) Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451 *et seq.*
( h ) Marine Protection, Research and Sanctuaries Act of 1972, as amended, 16 U.S.C. 1401 *et seq.*
( i ) Deepwater Port Act of 1974, as amended, 33 U.S.C. 1501 *et seq.*
( j ) Marine Mammal Protection Act of 1972, 16 U.S.C. 1361 *et seq.*
#### The People of the State of New York, Respondent, v. James Alton Keys, Appellant.

Motion by appellant to dispense with printing granted. The appeal will be heard on the original papers (including the typed minutes) and on appellant's typewritten brief. The appellant is directed to file six copies of his typewritten brief and to serve one copy on the District Attorney. Appellant’s time to perfect the appeal is enlarged to the April Term, beginning March 27, 1961; appeal ordered on the calendar for said term. Motion for assignment of counsel granted. Sara Halbert, 150 East 23rd Street, New York, New York, is assigned as counsel to prosecute the appeal. Nolan, P. J., Beldock, Ughetta, Christ and Brennan, JJ., concur.
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Omtool, Ltd. (the “Company”) on Form 10-Q for theperiod ended September 30, 2008 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Daniel A. Coccoluto, ChiefFinancial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to myknowledge, that:

 

(1) The Report fullycomplies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

 

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

 
| /s/ Daniel A. Coccoluto |   |
|-------------------------|--------|
| Daniel A. Coccoluto     |   |
| Chief Financial Officer |   |
| November 13, 2008  |   |

 

----
[Federal Register Volume 69, Number 245 (Wednesday, December 22, 2004)]
[Notices]
[Pages 76829-76830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28007]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Aging Transport Systems Rulemaking Advisory Committee Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of public meeting.

-----------------------------------------------------------------------

SUMMARY: This notice announces a public meeting of the FAA's Aging 
Transport Systems Rulemaking Advisory Committee (ATSRAC).

DATES: The ATSRAC will meet January 12 and 13, 2005, from 8:30 a.m. to 
5 p.m. MST (10:30 a.m. to 7 p.m. EST).

ADDRESSES: Sheraton Tucson Hotel & Suites, 5151 E. Grant Road, Tucson, 
AZ 85712.

FOR FURTHER INFORMATION CONTACT: Shirley Stroman, Office of Rulemaking, 
ARM-208, FAA, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone (202) 267-7470; fax (202) 267-5075; or e-mail 
<a href="/cdn-cgi/l/email-protection#c0b3a8a9b2aca5b9eeb3b4b2afada1ae80a6a1a1eea7afb6"><span class="__cf_email__" data-cfemail="daa9b2b3a8b6bfa3f4a9aea8b5b7bbb49abcbbbbf4bdb5ac">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This notice announces a meeting of the Aging 
Transport Systems Rulemaking Advisory Committee. The FAA will hold the 
meeting at the location listed under the ADDRESSES heading of this 
notice. The meeting agenda will include the following topics:
    <bullet> Small transport aircraft maintenance program development.
    <bullet> Review and approval of HWG13 final report.
    <bullet> Discussion of HWG12 recommendations.
    <bullet> MMEL wiring issues.
    <bullet> New requirements for design approval holders.
    <bullet> Future of ATSRAC--New charter.
    The meeting is open to the public; however, attendance will be 
limited by the size of the meeting room. The FAA will make the 
following services available if you request them by December 30, 2004.
    <bullet> Teleconferencing.
    <bullet> Sign and oral interpretation.
    <bullet> A listening device.
    Individuals using teleconferencing services and calling from 
outside the Washington, DC metropolitan area will be responsible for 
paying long-distance charges. To arrange for any of these services, 
contact the person listed under the FOR FURTHER INFORMATION CONTACT 
heading.
    The public may present written statements to the Committee by 
providing 20 copies to the Committee's Executive Director. Public 
statements at the meeting will be considered if time

[[Page 76830]]

allows. You may contact the individual under the FOR FURTHER 
INFORMATION CONTACT heading for additional instructions if you want to 
file a written statement.

    Issued in Washington, DC, on December 16, 2004.
Brenda Courtney,
Acting Director, Office of Rulemaking.
[FR Doc. 04-28007 Filed 12-21-04; 8:45 am]
BILLING CODE 4910-13-P


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</html>
§ 216.8 Public hearings. ( a ) In most instances AID will be able to gain the benefit of public participation in the impact statement process through circulation of draft statements and notice of public availability in CEQ publications. However, in some cases the Administrator may wish to hold public hearings on draft Environmental Impact Statements. In deciding whether or not a public hearing is appropriate, Bureaus in conjunction with the Environmental Coordinator should consider: ( 1 ) The magnitude of the proposal in terms of economic costs, the geographic area involved, and the uniqueness or size of commitment of the resources involved;
( 2 ) The degree of interest in the proposal as evidenced by requests from the public and from Federal, state and local authorities, and private organizations and individuals, that a hearing be held;
( 3 ) The complexity of the issue and likelihood that information will be presented at the hearing which will be of assistance to the Agency; and
( 4 ) The extent to which public involvement already has been achieved through other means, such as earlier public hearings, meetings with citizen representatives, and/or written comments on the proposed action.
( b ) If public hearings are held, draft Environmental Impact Statements to be discussed should be made available to the public at least fifteen (15) days prior to the time of the public hearings, and a notice will be placed in the Federal Register giving the subject, time and place of the proposed hearings.
[41 FR 26913, June 30, 1976. Redesignated at 45 FR 70249, Oct. 23, 1980]
#### Jacob I. Glickerman, trading as Independence Plumbing Company, appellee, v. Daniel J. Sullivan, appellant.

Gen. No. 27,148.

Action to recover for plumbing work and material. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. George J. Cowing, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1921.

Reversed.

Opinion filed November 29, 1922.

Charles Jules Michelet, for appellant. No appearance for appellee.

Mr. Presiding Justice Thomson

delivered the opinion of the court.
#### In the Matter of Charlotte Croman, Appellant, v City University of New York, Respondent.

[716 NYS2d 651]

—Order, Supreme Court, New York County (Louis York, J.), entered March 17, 2000, which denied petitioner tenured professor’s application to vacate an arbitration award suspending her employment with respondent City University without pay for one-half year, and granted respondent’s cross motion to confirm the award, unanimously affirmed, without costs.

Absent clear language in Education Law § 6212 (9) prohibiting arbitration of disciplinary matters involving tenured faculty, we reject petitioner’s argument that, since that section vests the power to remove tenured faculty solely in respondent’s Board of Trustees, public policy is violated by a collective bargaining agreement delegating the authority to discipline to an arbitrator at the employee’s option. “It is well settled that a contract provision in a collective bargaining agreement may modify, supplement, or replace the more traditional forms of protection afforded public employees.” *(Dye v New York City Tr. Auth.,*88 AD2d 899, *affd*57 NY2d 917.) Here, the collective bargaining agreement that governed petitioner’s employment gave her the option to either accept the penalty recommended by respondent’s designee or take the matter to arbitration. Petitioner elected arbitration. Public policy does not nullify the choice she made *(cf., Matter of Abramovich v Board of Educ.,*46 NY2d 450, *cert denied*444 US 845). Concur — Williams, J. P., Tom, Mazzarelli, Rubin and Saxe, JJ.
### §3606. Discrimination in the provision of brokerage services

After December 31, 1968, it shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status, or national origin.

(Pub. L. 90–284, title VIII, §806, Apr. 11, 1968, 82 Stat. 84; Pub. L. 93–383, title VIII, §808(b)(3), Aug. 22, 1974, 88 Stat. 729; Pub. L. 100–430, §6(b)(1), Sept. 13, 1988, 102 Stat. 1622.)

#### **Editorial Notes**

#### Amendments

1988—Pub. L. 100–430 inserted "handicap, familial status," after "sex,".

1974—Pub. L. 93–383 inserted ", sex" after "religion".

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

#### Effective Date of 1988 Amendment

Amendment by Pub. L. 100–430 effective on 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as a note under section 3601 of this title.
I 

109TH CONGRESS 

1ST SESSION H. R. 2606

To suspend temporarily the duty on Fludioxonil Technical. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 24, 2005

Mr. TERRY introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL

To suspend temporarily the duty on Fludioxonil Technical.

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

3 SECTION 1. FLUDIOXONIL TECHNICAL. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading:

‘‘ 9902.90.11 Fludioxonil Technical 1HPyrrole-3-carbonitrile, 4-

(2,2-difluoro- 1,3-

benzodioxol-4-yl)- (CAS No. 

131341–86–1)(provided for 

in subheading 2934.99.12) .. Free No change No change On or before 

12/31/2008 ’’. 
2

•HR 2606 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies with respect to goods entered, or 

3 withdrawn from warehouse for consumption, on or after 

4 the 15th day after the date of the enactment of this Act.

Æ
AM/MOATT

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

SHIRLEY VENOYA REMMERT,

 Petitioner,

 v.

THE STATE OF CALIFORNIA,

 Respondent.

No. 09-73566

ORDER

Before: SILVERMAN, PAEZ and BEA, Circuit Judges. 

The application for authorization to file a second or successive 28 U.S.C.

§ 2254 habeas corpus petition in the district court is denied. Petitioner has not

made a prima facie showing under 28 U.S.C. § 2244(b)(2) that:

(A) the claim relies on a new rule of constitutional law, made retroactive to

cases on collateral review by the Supreme Court, that was previously

unavailable; or

(B)(i) the factual predicate for the claim could not have been discovered

previously through the exercise of due diligence; and (ii) the facts

underlying the claim, if proven and viewed in light of the evidence as a

whole, would be sufficient to establish by clear and convincing evidence

that, but for constitutional error, no reasonable factfinder would have found

the petitioner guilty of the underlying offense.

All pending requests are denied as moot. 

FILED

JAN 21 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

Case 3:08-cv-01645-CRB Document 35 Filed 02/01/10 Page 1 of 2 Case: 09-73566 01/21/2010 Page: 1 of 2 DktEntry: 7202450
AM/MOATT 2 09-73566

No petition for rehearing or motion for reconsideration shall be filed or

entertained in this case. See 28 U.S.C. § 2244(b)(3)(E).

Case 3:08-cv-01645-CRB Document 35 Filed 02/01/10 Page 2 of 2 Case: 09-73566 01/21/2010 Page: 2 of 2 DktEntry: 7202450
### §3796kk–6. Transferred

#### **Editorial Notes**

#### Codification

Section 3796kk–6 was editorially reclassified as section 10517 of Title 34, Crime Control and Law Enforcement.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2449 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2449

     To extend the temporary suspension of duty on Bayowet FT-248.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2005

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

_______________________________________________________________________

                                 A BILL

 
     To extend the temporary suspension of duty on Bayowet FT-248.

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

SECTION 1. BAYOWET FT-248.

    (a) In General.--Heading 9902.02.15 of the Harmonized Tariff 
Schedule of the United States (relating to Bayowet FT-248) is amended 
by striking ``12/31/2006'' and inserting ``12/31/2009''.
    (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 enactment of this Act.
                                 <all>
```
### §5158. Availability of materials

The President is authorized, at the request of the Governor of an affected State, to provide for a survey of construction materials needed in the area affected by a major disaster on an emergency basis for housing repairs, replacement housing, public facilities repairs and replacement, farming operations, and business enterprises and to take appropriate action to assure the availability and fair distribution of needed materials, including, where possible, the allocation of such materials for a period of not more than one hundred and eighty days after such major disaster. Any allocation program shall be implemented by the President to the extent possible, by working with and through those companies which traditionally supply construction materials in the affected area. For the purposes of this section "construction materials" shall include building materials and materials required for repairing housing, replacement housing, public facilities repairs and replacement, and for normal farm and business operations.

(Pub. L. 93–288, title III, §315, formerly §318, May 22, 1974, 88 Stat. 152; renumbered §315, Pub. L. 100–707, title I, §105(l), Nov. 23, 1988, 102 Stat. 4694.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 315 of Pub. L. 93–288 was classified to section 5155 of this title prior to repeal by Pub. L. 100–707.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D2023

- 0604

_____________________________
D ENISE R IGDON , Appellant,

v.

C OMMONWEALTH L AND T ITLE I NSURANCE C OMPANY , in its own right and as subrogee of Jacquelyn Alligood,

Appellee.

_____________________________

On appeal from the Circuit Court for Lafayette County

. Darren K. Jackson , Judge

.

July 17, 2024

P ER C URIAM

.
A FFIRMED

.
R OBERTS , R AY , and K ELSEY , JJ.
, concur

.2 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Michelle S. Polom of Law Offices of Michelle S. Polom, P.A., Stuart
, for Appellant.

Michele A. Cavallaro and Alexander Ostrovsky of Fidelity National Law Group, Fort Lauderdale
, for Appellee.
§ 1471.7 Conduct of hearing and prehearing conference. ( a ) A designated representative of the Panel, when so appointed to conduct a hearing, shall have the authority on behalf of the Panel to: ( 1 ) Administer oaths, take the testimony or deposition of any person under oath, receive other evidence, and issue subpoenas;
( 2 ) Conduct the hearing in open or in closed session at the discretion of the designated representative for good cause shown;
( 3 ) Rule on motions and requests for appearance of witnesses and the production of records;
( 4 ) Designate the date on which posthearing briefs, if any, shall be submitted (an original and one (1) copy of each brief, accompanied by a statement of service, shall be submitted to the designated representative of the Panel with a copy to the other party); and
( 5 ) Determine all procedural matters concerning the hearing, including the length of sessions, conduct of persons in attendance, recesses, continuances, and adjournments; and take any other appropriated procedural action which, in the judgment of the designated representative, will promote the purpose and objectives of the hearing.
( b ) A prehearing conference may be conducted by the designated representative of the Panel in order to: ( 1 ) Inform the parties of the purpose of the hearing and the procedures under which it will take place;
( 2 ) Explore the possibilities of obtaining stipulations of fact;
( 3 ) Clarify the positions of the parties with respect to the issues to be heard; and
( 4 ) Discuss any other relevant matters which will assist the parties in the resolution of the dispute.
( c ) An official reporter shall make the only official transcript of a hearing. Copies of the official transcript may be examined and copied at the Office of the Executive Director in accordance with part 1411 of this chapter.