alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

NO. CAAP-22-0000476

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

JO, Plaintiff-Appellee, v. NO, Defendant-Appellant

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT

(CASE NO. 1DV201007551)

ORDER DISMISSING APPEAL (By: Wadsworth, Presiding Judge, Nakasone and Chan, JJ.) Upon review of the record, it appears that: (1) On July 15, 2022, Defendant-Appellant NO electronically filed a notice of appeal in the underlying case, 1DV201007551. On August 4, 2022, NO electronically filed the same notice of appeal in this court, to create the appeal in CAAP-22-0000476. NO did not pay the filing fee or obtain a fee waiver in either court. See Hawai i Rules of Appellate Procedure (HRAP) Rules 3(a) & 24;

(2) On August 17, 2022, the appellate clerk notified NO's counsel to pay the filing fee or file a motion for leave to proceed on appeal in forma pauperison or before August 29, 2022, or the appeal could be dismissed;

(3) On September 19, 2022, the court granted NO's counsel's motion to withdraw as counsel, and the appellate clerk mailed a copy of the order to NO's address on record.

(4) The record on appeal was due on or before October 3, 2022, see HRAP Rule 11(b)(1), but was not filed because NO failed to pay the filing fee or obtain a fee waiver; Electronically Filed Intermediate Court of Appeals CAAP-22-0000476 07-MAR-2023 08:17 AM Dkt. 29 ODSDNOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(5) On October 26, 2022, the appellate clerk entered a default of the record on appeal, informing NO that the time to docket the appeal had expired, NO had not paid the filing fee or obtained an order allowing NO to proceed on appeal in forma pauperis , the matter would be brought to the court's attention on November 7, 2022, for action that may include dismissal of the appeal, and NO could seek relief from default by motion; and

(6) NO has not taken any further action in this appeal. An appeal may be dismissed where the record on appeal has not been prepared because the appellant failed to pay the required fees or obtain an order allowing the appellant to proceed in forma pauperis . HRAP Rule 11(b)(2), (c)(2).

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. IT IS FURTHER ORDERED that all pending motions are dismissed. DATED: Honolulu, Hawai i, March 7, 2023. /s/ Clyde J. Wadsworth Presiding Judge
/s/ Karen T. Nakasone Associate Judge
/s/ Derrick H.M. Chan Associate Judge

2
[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Notices]
[Page 6296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2778]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

[Program Announcement 04078]


Providing Technical Assistance Support for the Rapid 
Strengthening of Blood Transfusion Services in Selected Countries in 
Africa and the Caribbean Under the President's Emergency Plan for AIDS 
Relief; Amendment

    A notice announcing the availability of fiscal year (FY) 2004 funds 
for cooperative agreements for Providing Technical Assistance Support 
for the Rapid Strengthening of Blood Transfusion Services in Selected 
Countries in Africa and the Caribbean Under the President's Emergency 
Plan for AIDS Relief was published in the Federal Register on December 
1, 2003, volume 68, number 230, pages 67181-67186. The notice is 
amended as follows:
    On page 67183, in the first column under ``III.1. Eligible 
applicants,'' please include a fifth bullet allowing ``For profit 
organizations'' to apply.
    On page 67185, in the first column under ``IV.5. Funding 
restrictions,'' please incorporate the following as an additional 
restriction:

    In accordance with CFR 45 74.81, no HHS funds may be paid as 
profit to any recipient even if the recipient is a commercial 
organization. Profit is any amount in excess of allowable direct and 
indirect costs.

    Dated: February 4, 2004.
Sandra R. Manning,
Director, Procurement and Grants Office, Centers for Disease Control 
and Prevention.
[FR Doc. 04-2778 Filed 2-9-04; 8:45 am]
BILLING CODE 4163-18-P
### §300x–8. Definitions

For purposes of this subpart:

(1) The terms "adults with a serious mental illness" and "children with a serious emotional disturbance" have the meanings given such terms under section 300x–1(c)(1) of this title.

(2) The term "funding agreement", with respect to a grant under section 300x of this title to a State, means that the Secretary may make such a grant only if the State makes the agreement involved.

(July 1, 1944, ch. 373, title XIX, §1919, as added Pub. L. 102–321, title II, §201(2), July 10, 1992, 106 Stat. 388.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 300x–8, act July 1, 1944, ch. 373, title XIX, §1920, formerly §1919, as added Aug. 13, 1981, Pub. L. 97–35, title IX, §901, 95 Stat. 552; renumbered §1920, Oct. 19, 1984, Pub. L. 98–509, title I, §106(g), 98 Stat. 2359, authorized criminal penalty for false statements in connection with services furnished relative to alcohol, drug abuse, and mental health services block grant, prior to repeal by Pub. L. 102–321, §201(2).

A prior section 1919 of act July 1, 1944, was classified to section 300x–7 of this title prior to repeal by Pub. L. 102–321.
### §5774. Repealed. Pub. L. 100–690, title VII, §7286, Nov. 18, 1988, 102 Stat. 4460

Section, Pub. L. 93–415, title IV, §405, as added Pub. L. 98–473, title II, §660, Oct. 12, 1984, 98 Stat. 2127, provided for an Advisory Board on Missing Children.

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

#### Effective Date of Repeal

Repeal effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as an Effective Date of 1988 Amendment note under section 11101 of Title 34, Crime Control and Law Enforcement.
No. 89-5949.

No. 89-6199.

No. 89-6248.

No. 89-6356.

No. 89-6384.

No. 89-6396.

#### Mang Sun Wong *v.*United States; 493 U. S. 1082; Bond *v.*Raikes, Judge, et al., 493 U. S. 1062; Bynum *v.*United States, 493 U. S. 1085; Solon *v.*United States, 493 U. S. 1090; Scire *v.*United States, 493 U. S. 1090; and McCone *v.*Birge et al., *ante,*p. 1006.

Petitions for rehearing denied.
#### Sparks *v.*Ober *&*Sons Company.

June 13, 1912.

Motion to set aside judgment. Before Judge Eelton. Bibb superior court. May 4, 1911.

Evans, P. J.

This is a motion to set aside a judgment rendered in the absence of the defendant and her attorney, and to reinstate the ease. The evidence before the judge was sufficient to support a finding that the defendant was lacking in diligence, and there was no abuse of discretion in refusing to vacate the judgment and reinstate the case.

*Judgment affirmed.*

*All the Justices eoneur.*

*317*DuPont Guerry*and *A. L. Dasher,*for plaintiff in error.

*Hall & Hall,*contra.
#### § 901.16 Grievant.

*Grievant* means anyone who has filed a grievance and who is a member of the Service and is a citizen of the United States, or for the purposes of § 901.18(a)(7) a former member of the Service, or in the case of death of the member, the surviving spouse or, if none, another member of the family.
**CERTIFICATION
      PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**


**(18
      U.S.C. SECTION 1350)**





In
      connection with the accompanying Quarterly Report of Internet Infinity, Inc.
      (the “Company”) on Form 10-QSB for the quarter ended September 30, 2007 (the
“Report”), I, George P. Morris, Chief Financial Officer of the Company, hereby
      certify that to my knowledge:





(1)  The
      Report fully complies with the requirements of Section 15(d) of the Securities
      Exchange Act of 1934 (15 U.S.C. §78o(d)); and





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




Date:
                August 11, 2008*/s/
              George P. Morris*George
                P. Morris
              Chief
                Financial Officer




The
      above
      certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002 (18 U.S.C. §1350) and is not being filed as part of the Form 10-QSB
      or as a separate disclosure document.




Exhibit
      32.1
Exhibit 99.2





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of Roslyn Bancorp, Inc. (the Company) on Form 10-Q for the period ending September 30, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Michael P. Puorro, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:





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





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





/s/    Michael P.
PuorroMichael P. Puorro Chief
Financial Officer





October 31, 2002
#### In the Matter of Carlington Corp. et al., Appellants, v Harry J. Siegel et al., Constituting the Board of Zoning and Appeals of the Town of North Hempstead, Respondents.

a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of North Hempstead which, after a hearing, denied petitioners’ application, *inter alia,*for a conditional use permit, petitioners appeal from a judgment of the Supreme Court, Nassau County, dated April 21, 1977, which denied the application and dismissed the petition. Judgment affirmed, with costs. We agree that the petition was properly dismissed and that the board’s denial of petitioners’ application was supported by substantial evidence. However, we note that the board indicated in its findings that the prior nonconforming use of the premises as a retail grocery store had been abandoned and that, as a result, pursuant to section 70-208L of the Town Code the nonconforming status had been lost. This finding was improper. The issue was neither raised at the public hearing nor included in the board’s notice of decision. Furthermore, there is no abandonment of a nonconforming use when the discontinuance involves a temporary cessation of business, over which the owner has no control, or the inability to find a tenant, as occurred here (see 2 Rathkopf, Law of Zoning and Planning [3d ed], pp 61-9, 61-10; *City of Binghamton v Gartell,*275 App Div 457). Suozzi, J. P., Gulotta, Hargett and Hawkins, JJ., concur.
#### § 146.305 Preference in admission.

A recipient to which §§ 146.300 through 146.310 apply shall not give preference to applicants for admission, on the basis of attendance at any educational institution or other school or entity that admits as students only or predominantly members of one sex, if the giving of such preference has the effect of discriminating on the basis of sex in violation of §§ 146.300 through 146.310.
Certifications

I, Richard Simpson, certify that:


1.	I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Citigroup Commercial Mortgage Trust 2019-GC41 (the “Exchange Act periodic reports”);


2.	Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;


3.	Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;


4.	Based on my knowledge and the servicer compliance statement(s) required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements in all material respects; and


5.	All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report.  Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.


In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties:  Midland Loan Services, a Division of PNC Bank, National Association; Rialto Capital Advisors, LLC; Park Bridge Lender Services LLC; U.S. Bank National Association; Wells Fargo Bank, National Association; Situs Holdings, LLC; Computershare Trust Company, National Association; CoreLogic Solutions, LLC; Pentalpha Surveillance LLC; K-Star Asset Management LLC and Wilmington Trust, National Association.

Date:  March 28, 2024

/s/ Richard Simpson___________________Richard SimpsonPresident, Citigroup Commercial Mortgage Securities Inc.(senior officer in charge of securitization of the depositor)



CGCMT 2019-GC41 Certifications


---
United States District Court

For the Northern District of California

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

IN RE: 

CHARLES SCHWAB CORPORATION

SECURITIES LITIGATION.

This Document Relates

To All Cases.

 /

No. C 08-01510 WHA

ORDER SETTING HEARING

RE DEFENDANT’S

DISCOVERY DISPUTE

A further meet-and-confer is SET for THURSDAY, JANUARY 7, 2010, FROM

8:00–10:00 A.M., in connection with defendant’s discovery dispute outlined in counsel’s

letter of January 4. This will take place in the Court’s jury room on the 19th floor. At 10:00 a.m.,

the Court will hold a hearing in Courtroom 9. Plaintiff’s response is due by noon on January 6. 

Counsel are reminded that only those who participate in the further meet-and-confer may

argue at the hearing. 

IT IS SO ORDERED.

Dated: January 5, 2010. WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

Case 3:08-cv-02487-WHA Document 26 Filed 01/05/10 Page 1 of 1
#### Gloria Scott v. Henry Scott.

Motion for leave to appeal as a poor person granted insofar as to permit the appeal to be heard on the original record, without printing the same, and upon typewritten or mimeographed appellant’s points, on condition that the appellant serves one copy of the typewritten or mimeographed appellant’s points upon the Corporation Counsel, City of New York, and files 6 typewritten or 19 mimeographed copies of the appellant’s points together with the original record with this court on or before March 28, 1961, with notice of argument for the May 1961 Term of this court, said appeal to be argued or submitted when reached. In all other respects the motion is denied. Concur — Botein, P. J., Breitel, Rabin, Eager and Bastow, JJ.
#### UNITED STATES of America, Plaintiff—Appellee, v. Charles Ervin LADSON, Defendant—Appellant.

No. 06-4300.

United States Court of Appeals, Fourth Circuit.

Submitted: April 27, 2007.

Decided: May 8, 2007.

W. Michael Duncan, Austin, Lewis *&*Rogers, P.A., Columbia, South Carolina, for Appellant. Reginald I. Lloyd, United States Attorney, Anne Hunter Young, Assistant United State Attorney, Columbia, South Carolina, for Appellee.

Before WILKINSON, WILLIAMS, and MOTZ, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Charles Ervin Ladson was found guilty by a jury of conspiracy to commit an offense or to defraud the United States (bank fraud) in violation of 18 U.S.C. §§ 371, 1344 (2000). He was sentenced to forty-one months of imprisonment within his calculated advisory sentencing range under the federal Sentencing Guidelines. On appeal, Ladson argues: (1) that the district court erroneously allowed testimony from his co-Defendants regarding statements made by an unindicted co-conspirator * and (2) that his sentence is unreasonable. For the reasons that follow, we affirm.

First, we find no abuse of discretion in the district court’s decision to admit the statements at issue into evidence under Fed.R.Evid. 801(d)(2)(E). *United States v. Blevins,*960 F.2d 1252, 1255-56 (4th Cir.1992) (stating standard). Second, we find that the district court’s sentence, imposed within the advisory sentencing range and after considering the factors in 18 U.S.C.A. § 3553(a) (West 2000 & Supp. 2006), was reasonable. *United States v. Johnson,*445 F.3d 339, 341 (4th Cir.2006) (stating that a sentence within proper advisory Guidelines range is presumptively reasonable); *United States v. Green,*436 F.3d 449, 456 (4th Cir.) (noting a court must calculate the advisory Guidelines range and then consider whether that range serves the factors set forth in § 3553(a)), *cert. denied,*— U.S.—, 126 S.Ct. 2309,164 L.Ed.2d 828 (2006).

Accordingly, we affirm Ladson’s conviction and sentence. 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.

*AFFIRMED.*

*

 Upon the record before us it is not entirely clear as to whether the statements at issue were made by the same or two different co-conspirators.
(March 9, 1978)

#### In the Matter of the Claim of Joseph Pizzutti, Appellant, v Minjac Toy Supermarket et al., Respondents. Workmen’s Compensation Board, Respondent.

Appeal from a decision of the Workmen’s Compensation Board, filed September 18, 1975, which denied claimant’s application for a rehearing. Claimant sustained a compensable heart attack in 1966 for which he has been receiving benefits to date. In 1974, claimant suffered a second heart attack. After hearings, which included the presentation of medical evidence by both the attending physician and the carrier’s physician, the board found that the second heart attack was not causally related. Claimant requested the board to rehear and reconsider, which request was denied. From that denial, this appeal ensues. The application for a rehearing was based upon a letter from the claimant’s attending physician who had previously testified. The letter modified in some respects the doctor’s prior report. In his 1974 report the said physician expressed an opinion that there was no causal relationship between the 1966 heart attack and the 1974 heart attack. In the letter in question, he modified that by stating that the prior heart attack "could have” contributed to the 1974 heart attack. An application to reopen a hearing is addressed to the discretion of the board and, on an appeal from its refusal, this court must consider whether such a decision was arbitrary, capricious or an abuse of discretion *(Matter of Fell v A & W Prods.,*61 AD2d 855). There is substantial medical evidence in this record to support the determination of the board. The conflicting medical evidence falls within the fact-finding powers of the board in determining medical causality *(Matter of Trgo v Harris Structural Steel Corp.,*13 AD2d 856). We cannot say that the denial of the board of the request for reconsideration and rehearing based upon a letter from claimant’s doctor was an abuse of discretion or arbitrary or capricious. Decision affirmed, without costs. Greenblott, J. P., Kane, Larkin, Mikoll and Herlihy, JJ., concur.
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### §1437ff. Transferred

#### **Editorial Notes**

#### Codification

Section, Pub. L. 101–625, title IX, §959, Nov. 28, 1990, 104 Stat. 4423, which related to waiver of matching funds requirements in Indian housing programs, was transferred to section 4104 of Title 25, Indians.
|Exhibit 32.1
|------------

CERTIFICATIONS OF

CHIEF EXECUTIVE OFFICER AND TREASURER

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report on Form 10-Q of Capital Beverage Corporation (the "Company") for the quarter ended June 30, 2008 (the "Report"), I, Carmine N. Stella, hereby certify in my capacity as Chief Executive Officer of the Company, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

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

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

|Dated: August 12, 2008 | By:  /s/Carmine N. Stella     
|---------------------- | ------------------------------
|                       | Name: Carmine N. Stella       
|                       | Title: Chief Executive Officer

In connection with the quarterly report on Form 10-Q of Capital Beverage Corporation (the "Company") for the quarter ended June 30, 2008 (the "Report"), I, Carol Russell, hereby certify in my capacity as Treasurer of the Company, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

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

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

|Dated: August 12, 2008 | By: /s/ Carol Russell
|---------------------- | ---------------------
|                       | Name: Carol Russell  
|                       | Title: Treasurer     

---