alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Anthony Lobello, Appellant.

[831 NYS2d 721]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered February 5, 2004, convicting him of assault in the first degree, assault in the second degree, criminal possession of a weapon in the second degree, and menacing in the second degree (six counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review *(see*CPL 470.05 [2]; *People v Gray,*86 NY2d 10, 19-21 [1995]; *People v Ayala,*15 AD3d 496 [2005]; *People v Montalbo,*254 AD2d 504, 505 [1998]).

In any event, viewing the evidence in the light most favorable to the prosecution *(see People v Contes,*60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, resolution of issues of credibility is primarily a matter to be determined by the jury, which saw and heard the witnesses, and its determination should be accorded great deference on appeal *(see People v Romero,*7 NY3d 633, 644-645 [2006]; *People v Mateo,*2 NY3d *567383, 410 [2004], *cert denied*542 US 946 [2004]). Upon the exercise of our factual review power *(see*CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence *(see People v Romero, supra).*

The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]).

The defendant’s contentions raised in point II of his supplemental pro se brief relating to his right to confront witnesses are without merit. The remaining contentions raised in his supplemental pro se brief are unpreserved for appellate review, and we decline to reach them in the exercise of our interest of justice jurisdiction. Miller, J.E, Mastro, Ritter and Balkin, JJ., concur.
§ 202.11 Documenting RAB activities. ( a ) The installation shall document information on the activities of a RAB in the Information Repository. These activities shall include, but are not limited to: ( 1 ) Installation's efforts to survey community interest in forming a RAB,
( 2 ) Steps taken to establish a RAB where there is sufficient and sustained community interest,
( 3 ) How the RAB relates to the overall community involvement program, and
( 4 ) Steps taken to adjourn, dissolve, or reestablish the RAB.
( b ) When RAB input has been used in decision-making, it should be documented as part of the Administrative Record.
[71 FR 27617, May 12, 2006; 71 FR 30719, May 30, 2006]
§ 245.16 ATCSCC. ATCSCC will direct appropriate ARTCCs/CERAPs to implement ESCAT restrictions as specified by the appropriate military authority. ARTCCs/CERAPs will take the following actions when directed to implement ESCAT: ( a ) Provide the appropriate military authority feedback through the ATCSCC on the impact of restrictions and when the restrictions have been imposed.
( b ) Impose restrictions on air traffic as directed.
( c ) Disseminate ESCAT implementation instructions to U.S. civil and military air traffic control facilities and advise adjacent air traffic control facilities.
#### (A) In the Matter of Frederick A. Collins, Jr. et al. v. Lucia B. Collins. (B) Victor Rafkin v. Continental Diamond Mines, Inc.

[In each action] Motion to dismiss appeal denied, with $10 costs. Concur — Botein, P. J., Stevens, Eager, Steuer and Bergan, JJ.
### §3325. Appointments to scientific and professional positions

(a) Positions established under section 3104 of this title are in the competitive service. However, appointments to the positions are made without competitive examination on approval of the qualifications of the proposed appointee by the Office of Personnel Management on the basis of standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director of the Office of Personnel Management.

(b) This section does not apply to positions established under section 3104(c).

(c) The Director of the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out the purpose of this section.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 423; Pub. L. 95–454, title IX, §906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 102–378, §2(12), Oct. 2, 1992, 106 Stat. 1347; Pub. L. 110–372, §2(c)(3), Oct. 8, 2008, 122 Stat. 4044.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| (a) | 5 U.S.C. 1162(a). | Oct. 4, 1961, Pub. L. 87–367, §202 "Sec. 2(a)", 75 Stat. 790. |
| (b) | 5 U.S.C. 1161(g) (2d sentence). | Oct. 11, 1962, Pub. L. 87–793, §1001(a)(2) "(g) (2d sentence)", 76 Stat. 863. |

Statutes at Large

In subsection (a), the words "or its designee" are substituted for "or such officers or agents as the Commission may designate".

For repeal of the Act of Aug. 1, 1947, ch. 433, 61 Stat. 715, as amended, see revision note for section 3104.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

#### **Editorial Notes**

#### Amendments

2008—Subsec. (a). Pub. L. 110–372, §2(c)(3)(A), substituted "on the basis of standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director of the Office of Personnel Management" for "or its designee for this purpose".

Subsec. (c). Pub. L. 110–372, §2(c)(3)(B), added subsec. (c).

1992—Subsec. (b). Pub. L. 102–378 substituted "section 3104(c)" for "section 3104(a)(7) of this title".

1978—Subsec. (a). Pub. L. 95–454 substituted "Office of Personnel Management" for "Civil Service Commission".

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

#### Effective Date of 2008 Amendment

Amendment by Pub. L. 110–372 effective on the first day of the first pay period beginning on or after the 180th day following Oct. 8, 2008, see section 2(d) of Pub. L. 110–372, set out as a note under section 5376 of this title.

#### Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
Exhibit 15.3 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM We consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-111310 and 333-152335)
pertaining to the Employees Stock Option Plans of Elron Electronic Industries Ltd. of our report dated March 9, 2009
with respect to the consolidated financial statements of Netvision Ltd. included in this Annual Report on Form 20-F for
the year ended December 31, 2008. /s/ Kost Forer Gabbay & Kasierer Kost Forer Gabbay & Kasierer
A member of Ernst & Young Global Haifa, Israel

June 24, 2009
# FORM 6-K

SECURITIES
  AND EXCHANGE COMMISSION

Washington,
  D.C. 20549

# Report of
  Foreign Issuer

# Pursuant
  to Rule 13a-16 or 15d-16 of

# Securities
  Exchange Act of 1934

For the month
  of October 2004

ABBEY NATIONAL
  PLC 
  (Translation of registrants name into English)

Abbey National
  House, 2 Triton Square, Regent's Place
London NW1 3AN, England   
   (Address of principal executive offices)

|Indicate
      by check mark whether the registrant files or will file annual reports under
      cover Form 20-F or Form 40-F.
|-------------------------------------------------------------------------------------------------------------------------------

Form 20-F . . . .X. . . . Form 40-F . . . . . . . . Indicate
        by check mark whether the registrant by furnishing the information contained
        in this Form is also thereby furnishing the information to the Commission
        pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.  Yes
.. . . . . . . No . . .X. . . .


---

**Abbey National plc
7 October 2004**

Issued: 7 October 2004

**Rule 2.10 Announcement – Relevant Securities in Issue**

In accordance with Rule 2.10 of the City Code on Takeovers and Mergers, Abbey National plc (“Abbey”) confirms that, as at close of business on 6th October 2004, it had in issue 1,482,828,671 *(including those represented by ADSs)* ordinary shares of 10 pence each (“Abbey Shares”).

The International Securities Identification Number for the Abbey Shares is GB0000044551 and for the American Depositary Shares of Abbey is US0029201060.

Each American Depositary Share of Abbey represents two Abbey Shares.

Gail McGrath
Secretariat Assistant
Tel: 0207 756 4772

The directors of Abbey National plc accept responsibility for the information contained in this announcement and confirm that, to the best of their knowledge and belief (having taken all reasonable care to ensure that such is the case), the information contained in this announcement is in accordance with the facts and does not omit anything likely to affect the import of such information.

---

# SIGNATURES

Pursuant
  to the requirements of the Securities Exchange Act of 1934, the registrant has
  duly caused this report to be signed on its behalf by the undersigned, thereunto
  duly authorized.

|                            |  | **ABBEY NATIONAL PLC**                
|--------------------------- |  | --------------------------------------
|**Date: 7 th October 2004** |  | **By: /s/





     **Karen Carson****
|                            |  | **(Authorised Signatory)**
#### § 37.1230 Assistance.

The transfer of a thing of value to a recipient to carry out a public purpose of support or stimulation authorized by a law of the United States (*see* 31 U.S.C. 6101(3)). Grants, cooperative agreements, and technology investment agreements are examples of legal instruments used to provide assistance.
§ 536.139 Applicable law for claims under the Foreign Claims Act. ( a ) *Venue of incident and domicile of claimant.* In determining an appropriate award, apply the law and custom of the country in which the incident occurred to determine which elements of damages are payable and which individuals are entitled to compensation. However, where the claimant is an inhabitant of another foreign country and only temporarily within the country in which the incident occurred, the quantum of certain elements of damages, such as lost wages and future medical care, may be calculated based on the law and economic conditions in the country of the claimant's permanent residence. Where the decedent is the subject of a wrongful death case, the quantum will be determined based on the country of the decedent's permanent residence regardless of the fact that his survivors live in the U.S. or a different foreign country than the decedent. See § 536.77 for further damages guidance.
( b ) *Other guidance.* The guidance set forth in §§ 536.77(b) through (d) as to allowable elements of damages is generally applicable. Where moral damages, as defined in DA Pam 27-162, paragraph 2-53c(4), are permitted, such damages are payable. In some countries it is customary to get a professional appraisal to substantiate certain claims and pass this cost on to the tortfeasor. The Commander USARCS or the chief of a command claims service may, as an exception to policy, permit the reimbursement of such costs in appropriate cases. Where feasible, claimants should be discouraged from incurring such costs.
( c ) *Deductions for insurance.* ( 1 ) Insurance coverage recovered or recoverable will be deducted from any award. In that regard, every effort will be made to monitor the insurance aspect of the case and encourage direct settlement between the claimant and the insurer of the tortfeasor.
( 2 ) When efforts under paragraph (c)(1) of this section are of no avail, or when it otherwise is determined that an insurance settlement will not be reasonably available for application to the award, no award will be made until the chief of the command claims service or the Commander USARCS, has first granted consent. In such cases, an assignment of the insured's rights against the insurer will be obtained and, in appropriate cases, reimbursement action will be instituted against the insurer under applicable procedures.
( 3 ) If an insurance settlement is not available due to the insurer's insolvency or bankruptcy, a report on the bankruptcy will be forwarded to the Commander USARCS without delay, setting forth all pertinent information, including the alleged reasons for the bankruptcy and the facts concerning the licensing of the insurer.
( d ) *Deductions for amounts paid by tortfeasor.* Settlement authorities will deduct from the damages any direct payments by a member or civilian employee of the U.S. armed forces for damages (other than solatia).
#### § 1704.2 Definitions.

For purposes of this part:

*Control* means the authority of the agency that originates information, or its successor in function, to regulate access to the information. (32 CFR 2001.92)

*Day* means U.S. Federal Government working day, which excludes Saturdays, Sundays, and federal holidays. Three (3) days may be added to any time limit imposed on a requester by this part if responding by U.S. domestic mail; ten (10) days may be added if responding by international mail.

*D/IMD* means the Director of the Information Management Division and the leader of any successor organization, who serves as the ODNI's manager of the information review and release program.

*Federal agency* means any *Executive agency,* as defined in 5 U.S.C. 105; any *Military department,* as defined in 5 U.S.C. 102; and any other entity within the executive branch that comes into the possession of classified information.

*Information* means any knowledge that can be communicated or documentary material, regardless of its physical form, that is owned by, produced by or for, or under the control of the U.S. Government; it does not include information originated by the incumbent President, White House Staff, appointed committees, commissions or boards, or any entities within the Executive Office that solely advise and assist the incumbent President.

*Interested party* means any official in the executive, military, congressional, or judicial branches of government, or a U.S. Government contractor who, at the sole discretion of the ODNI, has a subject matter or other interest in the documents or information at issue.

*NARA* means the National Archives and Records Administration.

*ODNI* means the Office of the Director of National Intelligence.

*Order* means Executive Order 13526, “Classified National Security Information” (December 29, 2009) or successor Orders.

*Originating element* means the element that created the information at issue.

*Presidential libraries* means the libraries or collection authorities established under the Presidential Libraries Act (44 U.S.C. 2112) and similar institutions or authorities as may be established in the future.

*Referral* means coordination with or transfer of action to an interested party.

*Requester* means any person or organization submitting an MDR request.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 7497** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. JOSEPH NADIR NELSON, a/k/a Bam Bam, a/k/a Rockstar Bam , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh

. W. Earl Britt, Senior District Judge. ( 5:10

- cr - 00350

- BR

- 2 ; 5:12

- cv - 00609

- BR )

Submitted : December 15, 2015 Decided: December 18, 2015

Before GREGORY and FLOYD , Circuit Judges , and DAVIS, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

.
Joseph Nadir Nelson , Appellant Pro Se. Jane J. Jackson , Rudolf A. Renfer, Jr., Assistant United States Attorneys, Raleigh , North Car olina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Joseph Nadir Nelson seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion

.
We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. When the United States or its officer or agency is a party, the notice of appeal must be filed no more than 60 days after the entry of the district court ’ s fin al judgment or order, Fed. R. App. P. 4(a)(1)(B), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” Bowles v. Russell , 551 U.S. 205, 214 (2007).
The district court ’ s order was entered on the docket on November 21, 201 2 . The notice of appeal was filed on September
16, 2015

. * Because Nelson failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequate ly presented

* For the purpose of this appeal, we assume that the date appearing on the envelope containing the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack , 487 U.S. 266, 276 (1988).3 in the materials before th is court and argument would not aid
th e decisional process.

DISMISSED
##### 



(1)
    
    The Quarterly Report on Form 10-Q of the Company for the quarterly period March 31,
2006 (the Report) fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m); and(2)
    
    The information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
 /s/ Jeffrey A. LudrofJeffrey A. LudrofPresident and Chief Executive Officer/s/ Philip A. GarciaPhilip A. GarciaExecutive Vice President and Chief Financial Officer
   31
Exhibit 23.2

Consent of Independent Registered Public Accounting Firm

The
Board of Directors
Cyanotech Corporation:

We
consent to the incorporation by reference in the Registration Statement Nos. 33-63789, 333-42484, 333-141911, 333-141912 and
333-154165 on Form S-8 and 333-42486, 333-97755, and 333-101401 on Form S-3 of Cyanotech Corporation of our
reports dated June 26, 2008, with respect to the consolidated balance sheets of Cyanotech Corporation and subsidiaries as of March 31, 2008, and the related consolidated statements of
operations, stockholders' equity and comprehensive income (loss), and cash flows for each of the years in the two-year period ended March 31, 2008, and the related financial
statement schedule, which reports appear in the March 31, 2009 annual report on Form 10-K of Cyanotech Corporation.

/s/
KPMG

Honolulu,
Hawaii
June 24, 2009

---



QuickLinks
<PAGE>
                                                                  Exhibit 10-k-3

                                            ***TEXT OMITTED AND FILED SEPARATELY
                                                CONFIDENTIAL TREATMENT REQUESTED
                            UNDER 17 C.F.R. SECTIONS 200.80(b) (4) AND 240.24b-2
[UMC LOGO]

           AMENDMENT NO. 2 TO CAPACITY & RESERVATION DEPOSIT AGREEMENT

This Amendment to Capacity & Reservation Deposit Agreement ("Amendment") is
entered into as of August 1, 2000 by and between Conexant Systems, Inc., a
company incorporated in Delaware "Conexant") and UMC Group (USA), (collectively
the "Parties") and amends the Capacity & Reservation Deposit Agreement dated
March 20th 2000 ("the Agreement") previously entered between such Parties.

Background.

Pursuant to mutually agreed terms, sections 4.3 and 5.3 of the Agreement were
amended on March 24th 2000 ("Amendment No. 1"). The Parties now desire to enter
this Amendment No. 2 to specifically articulate wafer discount procedures
generally addressed under section 4.1.1 of the Agreement.

(1)   Replace section 4.1.1 of the Agreement as follows:

4.1.1    For all Wafer outs at 0.25um in any given quarter in excess of the
         Allocated Production Capacity for such feature size for such quarter as
         a result of Conexant's ordering additional quantities pursuant to
         Section 2.2 above, hereinafter referred to as "Excess Wafers," the
         price shall be discounted by [***] per each such Excess Wafer. With
         respect to orders for Excess Wafers placed prior to August 1, 2000, UMC
         shall issue a credit memo promptly, but no later than thirty (30) days
         following the end of the calendar quarter during which such orders were
         placed, [***]. With respect to orders for Excess Wafers placed on or
         after August 1, 2000, discounts earned shall be [***].

No other change to the Agreement or Amendment No. 1 is intended by this
Amendment No. 2. This Amendment No. 2 is not intended to have any effect on any
amounts paid or earned prior to the effective date of this Amendment No. 2.

ACCORDINGLY, each party represents and warrants that the representative signing
on their respective behalf is authorized to enter into this Amendment No. 2 and
to bind them to its terms.


                                     -1/2-
<PAGE>
<TABLE>
<CAPTION>
UMC GROUP (USA)                                      CONEXANT
<S>                                                  <C>
By: /s/ Jim Kupec                                   By: /s/ Terry Ellis
    - ---------------------                            -------------------

Name: Jim Kupec                                     Name: Terry Ellis
      ---------------------                               -----------------
Title: President, UMC (USA)                         Title: SVP, Operations
       --------------------                                ----------------

Date: March 17, 2000                                Date: 3/20/2000
      ---------------------                               -----------------


</TABLE>


                                     -2/2-
EXHIBIT 23.1

Consent of Independent Certified Public Accountants

We have issued our reports dated February 18, 1998 accompanying the consolidated
financial statements and schedule of Michael Foods, Inc. and subsidiaries which
are incorporated by reference or included in the Annual Report on Form 10-K of
Michael Foods, Inc. for the year ended December 31, 1997. We hereby consent to
the incorporation by reference of said reports in the Registration Statements of
Michael Foods, Inc. on Forms S-8 (File No. 33-31914 effective November 21, 1989,
and March 25, 1997 as amended; File Nos. 33-64076 and 33-64078 effective June 9,
1993, and March 25, 1997 as amended; File No. 33-57969 effective March 7, 1995,
and March 25, 1997 as amended; and File No. 333-23949 effective March 25, 1997).

                                                /s/GRANT THORNTON  LLP

Minneapolis, Minnesota
February 18, 1998
- 000100fc
- 000200fi
- 000300tp
- 00040000
- 00050001
- 00060002
- 00070003
- 00080000
- 00090000
- 00100000
- 001100bi
- 001200bc
Exhibit 32.1



Section 1350 Certification of the

Chief Executive Officer



I, James R. Bazet, the chief executive officer of Cobra Electronics Corporation, certify that (i) the Quarterly Report on Form 10-Q of Cobra Electronics Corporation for the quarterly period ended September 30, 2003 (the Form
10-Q) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of
operations of Cobra Electronics Corporation and its subsidiaries.



/s/    JAMES R. BAZETJames R. BazetNovember 14, 2003