alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### 730 Fifth Avenue Corporation v. William H. Plummer & Company, Limited.

— Motion for stay denied, with $10 costs. Concur —Botein, P. J., Breitel, McNally, Stevens and Noonan, JJ.
### §3197. Notification of reorganization

Not later than 30 days before the date of any reorganization of the offices, programs, or activities of the Economic Development Administration, the Secretary shall provide notification of the reorganization to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.

(Pub. L. 89–136, title V, §507, as added Pub. L. 105–393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3611.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 507 of Pub. L. 89–136 was classified to section 3187 of this title prior to repeal by Pub. L. 97–35, §1821(a)(8).

Prior sections 3201 to 3204 were repealed by Pub. L. 105–393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3597.

Section 3201, Pub. L. 89–136, title VI, §601(a), Aug. 26, 1965, 79 Stat. 569; Pub. L. 97–195, §1(c)(3), June 16, 1982, 96 Stat. 115, related to appointment of Assistant Secretary of Commerce and Administrator for Economic Development.

Section 3202, Pub. L. 89–136, title VI, §602, Aug. 26, 1965, 79 Stat. 570, related to National Public Advisory Committee on Regional Economic Development.

Section 3203, Pub. L. 89–136, title VI, §603, Aug. 26, 1965, 79 Stat. 570, authorized Secretary to consult with other persons and agencies.

Section 3204, Pub. L. 89–136, title VI, §604, as added Pub. L. 90–103, title II, §204, Oct. 11, 1967, 81 Stat. 268, conditioned assistance upon proper administration, operation, and maintenance of project.

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

#### Effective Date

Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
|    |                                                                                                               |
|----|---------------------------------------------------------------------------------------------------------------|
| 1. | CarMax Business Services, LLC is, as of the date hereof, the Servicer under the Sale and Servicing Agreement. |
|    |                                                                                       |
|----|---------------------------------------------------------------------------------------|
| 2. | The undersigned is duly authorized to execute and deliver this Officer's Certificate. |
|    |                                                                                                                                                                                                                                                                                                                                                                                                                                           |
|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 3. | A review of the activities of the Servicer during the period beginning on October 23, 2019 and ending on February 29, 2020 and of the Servicer's performance under the Sale and Servicing Agreement was made under my supervision.  To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Sale and Servicing Agreement in all material respects throughout such period. |
### §5119a. Transferred

#### **Editorial Notes**

#### Codification

Section 5119a was editorially reclassified as section 40102 of Title 34, Crime Control and Law Enforcement.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS INCLUDED IN THIS 10-Q AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                           2,515
<SECURITIES>                                    19,109
<RECEIVABLES>                                    7,728
<ALLOWANCES>                                     1,185
<INVENTORY>                                        852
<CURRENT-ASSETS>                                30,367
<PP&E>                                           3,509
<DEPRECIATION>                                   1,565
<TOTAL-ASSETS>                                  38,038
<CURRENT-LIABILITIES>                            6,622
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           128
<OTHER-SE>                                      30,470
<TOTAL-LIABILITY-AND-EQUITY>                    38,038
<SALES>                                         12,802
<TOTAL-REVENUES>                                15,687
<CGS>                                            2,767
<TOTAL-COSTS>                                    4,261
<OTHER-EXPENSES>                                10,804
<LOSS-PROVISION>                                  (59)
<INTEREST-EXPENSE>                                   3
<INCOME-PRETAX>                                    993
<INCOME-TAX>                                       268
<INCOME-CONTINUING>                                724
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       724
<EPS-BASIC>                                       0.06
<EPS-DILUTED>                                     0.05


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                           1,727
<SECURITIES>                                         0
<RECEIVABLES>                                   27,412
<ALLOWANCES>                                         0
<INVENTORY>                                      2,580
<CURRENT-ASSETS>                                36,470
<PP&E>                                          14,507
<DEPRECIATION>                                   3,221
<TOTAL-ASSETS>                                 106,727
<CURRENT-LIABILITIES>                           11,445
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            89
<OTHER-SE>                                      63,463 
<TOTAL-LIABILITY-AND-EQUITY>                   106,727
<SALES>                                         53,658
<TOTAL-REVENUES>                                53,658
<CGS>                                           37,147
<TOTAL-COSTS>                                   37,147
<OTHER-EXPENSES>                                 9,545
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 740
<INCOME-PRETAX>                                  6,226
<INCOME-TAX>                                     2,250
<INCOME-CONTINUING>                              3,878
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,878
<EPS-PRIMARY>                                     0.43
<EPS-DILUTED>                                     0.43
        

</TABLE>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 05-7174

TERRY SANJUAN HILL-BEY, Petitioner - Appellant,
versus JAMES V. PEGUESE, Warden; J. JOSEPH CURRAN, JR., Attorney General of the State of Maryland, Respondents - Appellees.
Appeal from the United States District Court for the District of Maryland, at Baltimore. Alexander Williams, Jr., District Judge. (CA-05-212-AW) Submitted: December 22, 2005 Decided: December 30, 2005 Before WIDENER, NIEMEYER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Terry Sanjuan Hill-Bey, Appellant Pro Se. Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Terry Hill-Bey, a Maryland prisoner, seeks to appeal the district court’s order dismissing his petition filed under 28 U.S.C. § 2254 (2000) as untimely under the Antiterrorism and Effective Death Penalty Act of 1996. An appeal may not be taken from the final order in a § 2254 proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue for claims addressed by a district court absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find both that the district court’s assessment of his constitutional claims is debatable or wrong and that any dispositive procedural rulings by the district court are also debatable or wrong. SeeMiller-El v. Cockrell , 537 U.S. 322, 336 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001).We have independently reviewed the record and conclude that HillBey has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED
### §3101. Congressional declaration of purpose

The purpose of this chapter is to assist and encourage the communities of the Nation fully to meet the needs of their citizens by making it possible, with Federal grant assistance, for their governmental bodies (1) to construct adequate basic water and sewer facilities needed to promote the efficient and orderly growth and development of our communities, (2) to construct neighborhood facilities needed to enable them to carry on programs of necessary social services, and (3) to acquire, in a planned and orderly fashion, land to be utilized in the future for public purposes.

(Pub. L. 89–117, title VII, §701, Aug. 10, 1965, 79 Stat. 489; Pub. L. 90–448, title VI, §603(a), Aug. 1, 1968, 82 Stat. 533.)

#### **Editorial Notes**

#### Amendments

1968—Pub. L. 90–448 substituted "in the future for public purposes" for "in connection with the future construction of public works and facilities" in cl. (3).

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

#### Short Title of 1970 Amendment

Pub. L. 91–431, §1, Oct. 6, 1970, 84 Stat. 886, provided: "That this Act [amending sections 3102 and 3108 of this title and enacting provisions set out as a note under section 3108 of this title] may be cited as the 'Emergency Community Facilities Act of 1970'."
#### Robert Pelc et al., Respondents, v Estate of Albert H. Wohlert, Deceased, et al., Appellants.

[716 NYS2d 627]

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendants’ motions for summary judgment dismissing the complaint. There is an issue of fact whether the injuries of plaintiff Robert Pele prevented him from performing substantially all of the material acts that constitute his usual and customary daily activities for at least 90 of the 180 days immediately following the accident *(see,*Insurance Law § 5102 [d]). (Appeals from Order of Supreme Court, Erie County, Notaro, J. — Summary Judgment.) Present— Hayes, J. P., Scudder, Kehoe and Lawton, JJ.
#### The People of the State of New York, Respondent, v Albert L. Davenport, Appellant.

Appeal from a judgment of the County Court of Albany County, rendered July 19, 1976, convicting defendant upon his plea of guilty to the crime of sodomy in the first degree, and sentencing him to an indeterminate term of imprisonment not to exceed 25 years. As a result of an incident involving a 13-year-old girl, defendant was indicted by the June 1976 Term of the Albany County Grand Jury for the crimes of rape in the first degree (Penal Law, § 130.35, subd 1) and sodomy in the first degree (Penal Law, § 130.50, subd 1). Subsequently, he pleaded guilty to the sodomy charge in full satisfaction of the indictment, and an indeterminate term of imprisonment not to exceed 25 years was imposed by the County Court. Defendant contends that his sentence was excessive and severe. We find no merit in this contention in view of the circumstances including a prior record and the heinous nature of the crime of which he stands convicted. Judgment affirmed. Koreman, P. J., Greenblott, Sweeney, Kane and Mahoney, JJ., concur.
### §4271. Establishment

There is established a permanent bipartisan commission to be known as the Advisory Commission on Intergovernmental Relations, hereinafter referred to as the "Commission".

(Pub. L. 86–380, §1, Sept. 24, 1959, 73 Stat. 703.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 2371 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1. Sept. 6, 1966, 80 Stat. 378.

#### **Executive Documents**

#### Executive Order No. 11455

Ex. Ord. No. 11455, eff. Feb. 14, 1969, 34 F.R. 2299, which established the Office of Intergovernmental Relations, was revoked by Ex. Ord. No. 11690, eff. Dec. 14, 1972, 37 F.R. 26815, set out as a note under section 301 of Title 3, The President.

#### Office of Intergovernmental Relations; Authorization of Appropriations; Compensation of Director; Appointment of Personnel; Experts and Consultants

Pub. L. 91–186, Dec. 30, 1969, 83 Stat. 849, authorized the appropriation of such sums as may be necessary for the expenses of the Office of Intergovernmental Relations, established by Ex. Ord. No. 11455, formerly set out above, prescribed the compensation of the Director of the Office, and authorized the Director to appoint such personnel as he deems necessary and to obtain the services of experts and consultants.

#### Executive Order No. 12303

Ex. Ord. No. 12303, Apr. 8, 1981, 46 F.R. 21341, which established the Presidential Advisory Committee on Federalism and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12399, §4(e), Dec. 31, 1982, 48 F.R. 380, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees.
### §3796ff. Transferred

#### **Editorial Notes**

#### Codification

Section 3796ff was editorially reclassified as section 10421 of Title 34, Crime Control and Law Enforcement.
§ 501.7 Appointment as Chief of Mission. ( a ) *Appointment by President.* Chiefs of mission are appointed by the President, by and with the advice and consent of the Senate. They may be career members of the Foreign Service or they may be appointed from outside the Service.
( b ) *Recommendation of Foreign Service career members.* On the basis of recommendations made by the Director of Broadcasting Board of Governors, the Secretary of State from time to time furnishes the President with the names of Foreign Service career members qualified for appointment as chiefs of mission. The names of these officers, together with pertinent information concerning them, are given to the President to assist him in selecting qualified candidates for appointment as chiefs of mission.
( c ) *Status of Foreign Service career members appointed as Chiefs of Mission.* Foreign Service career members who are appointed as chiefs of mission retain their career status as Foreign Service career members.
### §3797u–8. Transferred

#### **Editorial Notes**

#### Codification

Section 3797u–8 was editorially reclassified as section 10619 of Title 34, Crime Control and Law Enforcement.
### §3218. Records and audits

#### (a) Recordkeeping and disclosure requirements

Each recipient of assistance under this chapter shall keep such records as the Secretary shall require, including records that fully disclose—

(1) the amount and the disposition by the recipient of the proceeds of the assistance;

(2) the total cost of the project in connection with which the assistance is given or used;

(3) the amount and nature of the portion of the cost of the project provided by other sources; and

(4) such other records as will facilitate an effective audit.

#### (b) Access to books for examination and audit

The Secretary, the Inspector General of the Department, and the Comptroller General of the United States, or any duly authorized representative, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that relate to assistance received under this chapter.

(Pub. L. 89–136, title VI, §608, as added Pub. L. 105–393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3616.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 3218, Pub. L. 89–136, title VII, §708, Aug. 26, 1965, 79 Stat. 573, authorized delegation of functions and transfer of funds, prior to repeal by Pub. L. 105–393, §102(b)(3).

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

#### Effective Date

Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
### §3273. Contributions of State or other public agencies toward cost of soil surveys

It is further the sense of the Congress that the Secretary shall make a reasonable effort to assure that the contributions of any State or other public agency under any cooperative agreement which may be entered into between the Secretary and such State or other public agency with respect to a soil survey shall be a substantial portion of the cost of such soil survey.

(Pub. L. 89–560, §3, Sept. 7, 1966, 80 Stat. 706.)
Second Department,

June, 1959 *

(June 22, 1959)

#### The People of the State of New York, Respondent, v. Thomas Kling, Appellant.

Motion to dismiss appeal granted and appeal dismissed. Present — Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ.
Editorial Note on Part 217
Editorial Note: Nomenclature changes to part 217 appear at 68 FR 51362, Aug. 26, 2003.

§ 217.5 Assurances required. ( a ) *Assurances.* An applicant for Federal financial assistance to which this part applies shall submit an assurance, on a form specified by the Administrator, that the program or activity will be operated in compliance with this part. An applicant may incorporate these assurances by reference in subsequent applications to the Agency.
( b ) *Duration of obligation.* ( 1 ) In the case of Federal financial assistance extended in the form of real property or to provide real property or structures on the property, the assurance will obligate the recipient or, in the case of a subsequent transfer, the transferee, for the period during which the real property or structures are used for the purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.
( 2 ) In the case of Federal financial assistance extended to provide personal property, the assurance will obligate the recipient for the period during which it retains ownership or possession of the property.
( 3 ) In all other cases the assurance will obligate the recipient for the period during which Federal financial assistance is extended.
( c ) *Covenants.* ( 1 ) Where Federal financial assistance is provided in the form of real property or interest in the property from the Agency the instrument effecting or recording this transfer shall contain a covenant running with the land to assure nondiscrimination for the period during which the real property is used for a purpose involving the provision of similar services or benefits.
( 2 ) Where no transfer of property is involved but property is purchased or improved with Federal financial assistance, the recipient shall agree to include the covenant described in paragraph (c)(1) of this section in the instrument effecting or recording any subsequent transfer of the property.
( 3 ) Where Federal financial assistance is provided in the form of real property or interest in the property from the Agency the covenant shall also include a condition coupled with a right to be reserved by the Agency to revert title to the property in the event of a breach of the covenant. If a transferee of real property proposes to mortgage or otherwise encumber the real property as security for financing construction of new, or improvement of existing, facilities on the property for the purposes for which the property was transferred, the Administrator may, upon request of the transferee and if necessary to accomplish such financing and upon such conditions as he or she deems appropriate, agree to forbear the exercise of such right to revert title for so long as the lien of such mortgage or other encumbrance remains effective.
(April 11, 1955.)

#### Richard P. Charles, Respondent-Appellant, v. Elliott Murphy, Appellant-Respondent.

Motion by defendant-appellant-respondent for leave to appeal to the Court of Appeals denied. Present — Nolan, P. J., Wenzel, MacCrate, Beldock and Ughetta, JJ. [See 284 App. Div. 987.]
#### In the Matter of Rosemarie Molina, Respondent, v Richard Molina, Appellant.

[716 NYS2d 592]

—In a child custody proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from stated portions of an order of the Family Court, Suffolk County (Simeone, J.), entered August 25, 1998, which, *inter alia,*granted custody of the parties’ two children to the petitioner mother.

Ordered that the order is affirmed insofar as appealed from, with costs to the Law Guardian.

The record provides a sound and substantial basis for the Family Court’s determination that it is in the best interests of the children for the mother to have custody *(see, Eschbach v Eschbach,*56 NY2d 167; *Lohmiller v Lohmiller,*140 AD2d 497). Santucci, J. P., Sullivan, Altman and Krausman, JJ., concur.
_________________________________________ 

 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

January 30, 2006 Clifford W. Taylor,

 Chief Justice 

128330(48) Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, Plaintiff-Appellee, Justices 

v SC: 128330 

 COA: 252031 
 Wayne CC: 03-008352-01 

DONALD CHARLES, a/k/a DONALD 

CHILDS, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court’s order of 

September 28, 2005 is considered, and it is DENIED, because it does not appear that the 

order was entered erroneously. 

p0123 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

January 30, 2006 

Clerk