alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Stan Stuart, Doing Business as Silver River Marina, Respondent, v Linda Tennen Kushner, Appellant.

[833 NYS2d 187]

In an action, inter alia, to recover damages for legal malpractice, the defendant appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated March 14, 2006, which denied those branches of her motion which were pursuant to, inter alia, CPLR 3012 (d) to vacate her default in appearing or answering the complaint and for leave to serve an answer and, in effect, denied as academic that branch of her motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, those branches of the defendant’s motion which were to vacate her default in appearing or answering the complaint and for leave to serve an answer are granted, the answer is deemed served, and the matter is remitted to the Supreme Court, Nassau County, to determine *536on the merits that branch of the defendant’s motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (7).

The Supreme Court improvidently exercised its discretion in denying that branch of the defendant’s motion which was to vacate her default in timely appearing or answering the complaint. In light of the lack of any prejudice to the plaintiff resulting from the short two-month delay, the lack of willfulness on the part of the defendant, the existence of potentially meritorious defenses, and the public policy favoring the resolution of cases on the merits, the defendant’s default in appearing or answering the complaint should have been excused *(see*CPLR 2004; *Schonfeld v Blue & White Food Prods. Corp.,*29 AD3d 673, 674 [2006]; *Yonkers Rib House, Inc. v 1789 Cent. Park Corp.,*19 AD3d 687, 688 [2005]; *Trimble v SAS Taxi Co. Inc.,*8 AD3d 557, 558 [2004]), and leave to serve an answer should have been granted *(see*CPLR 3012 [d]).

In light of our determination, we remit the matter to the Supreme Court, Nassau County, to determine on the merits that branch of the defendant’s motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (7) *(see Campbell v Vakili,*30 AD3d 457 [2006]; *Korpalski v Lau,*17 AD3d 536, 538 [2005]; *Galati v Brice,*290 AD2d 530, 531 [2002]). Rivera, J.P., Spolzino, Fisher and Dickerson, JJ., concur.
§ 197.2 Applicability. This part applies to: ( a ) The Office of the Secretary of Defense (OSD), the Defense Agencies, and the DoD Field Activities in the National Capital Region that are serviced by Washington Headquarters Services (WHS) (referred to collectively in this part as the “WHS-Serviced Components”).
( b ) All historical researchers as defined in § 197.3.
( c ) Cabinet Level Officials, Former Presidential Appointees (FPAs) to include their personnel, aides and researchers, seeking access to records containing information they originated, reviewed, signed, or received while serving in an official capacity.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM 12/31/95
INCOME STATEMENT AND BALANCE SHEET AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                          10,129
<SECURITIES>                                         0
<RECEIVABLES>                                4,848,157
<ALLOWANCES>                                   101,355
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               5,057,874
<CURRENT-LIABILITIES>                        2,555,199
<BONDS>                                              0
<COMMON>                                        46,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     823,994
<TOTAL-LIABILITY-AND-EQUITY>                 5,057,874
<SALES>                                          2,687
<TOTAL-REVENUES>                               675,701
<CGS>                                            2,214
<TOTAL-COSTS>                                  183,728
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                58,549
<INTEREST-EXPENSE>                             202,090
<INCOME-PRETAX>                                231,334
<INCOME-TAX>                                    72,678
<INCOME-CONTINUING>                            158,656
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   158,656
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
</FN>
        

</TABLE>
### §1602. Separability

The institution of any one of the proceedings provided for in sections 1595, 1596, 1599 to 1601 of this title shall not bar institution of any of the others, except that action shall not be instituted under both subsections 1596(a) and (b) of this title for the same cause of action. Nothing in this chapter shall be construed as requiring the Secretary of Agriculture to recommend prosecution, or institution of civil penalty proceedings, libel proceedings, cease-and-desist proceedings, or proceedings for the enforcement of a cease-and-desist order, for minor violations of this chapter or the rules and regulations made and promulgated thereunder whenever he believes that the public interest will be adequately served by suitable written notice or warning.

(Aug. 9, 1939, ch. 615, title IV, §412, 53 Stat. 1288; July 9, 1956, ch. 520, §3, 70 Stat. 508.)

#### **Editorial Notes**

#### Amendments

1956—Act July 9, 1956, inserted references to civil penalties as well as criminal penalties under section 1596 of this title.

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

#### Effective Date of 1956 Amendment

Amendments made by act July 9, 1956, applicable only with respect to violations occurring after July 9, 1956, see section 4 of act July 9, 1956, set out as a note under section 1596 of this title.

#### Effective Date

See section 1610 of this title.
**Exhibit (32)(a)**

 

Certification Pursuant to 18 U.S.C. Section 1350,

As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

 

Inconnection with the Quarterly Report of The Empire District Electric Company(the “Company”) on Form 10-Q for the period ending September 30, 2010 as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),William L. Gipson, as Chief Executive Officer of the Company, certifies,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

(1)The Report fully complies with the requirements of section 13(a) of theSecurities Exchange Act of 1934; and

 

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

 

 
| **By**                                             | **/s/  William L. Gipson** |   |
|----------------------------------------------------|----------------------------|--------|
| Name:  William L. Gipson                           |
| Title:  President and Chief Executive Officer |
|                                               |                       |
| Date:  November 8, 2010                       |

 

 

Asigned original of this written statement required by Section 906 or otherdocument authenticating, acknowledging or otherwise adopting the signature thatappears in typed form within the electronic version of this written statementrequired by Section 906, has been provided to The Empire District ElectricCompany and will be retained by The Empire District Electric Company andfurnished to the Securities and Exchange Commission or its staff upon request.

 

----
### §1446c–2. Domestic casein industry

#### (a) Annual availability of surplus stocks of nonfat dry milk; bid basis

The Commodity Credit Corporation shall provide surplus stocks of nonfat dry milk of not less than 1,000,000 pounds annually to individuals or entities on a bid basis.

#### (b) Acceptance of bids at lower than resale price

The Commodity Credit Corporation may accept bids at lower than the resale price otherwise required by law, in order to promote the strengthening of the domestic casein industry.

#### (c) Nonfat dry milk sold to be used only for manufacture of casein

The Commodity Credit Corporation shall take appropriate action to ensure that the nonfat dry milk sold by the Corporation under this section is used only for the manufacture of casein.

(Pub. L. 99–198, title I, §105, Dec. 23, 1985, 99 Stat. 1367.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Food Security Act of 1985, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables.

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

#### Application of Section

This section not to affect any liability of any person under section 1446 of this title as in effect before Dec. 23, 1985, see section 108 of Pub. L. 99–198, set out as an Application of 1985 Amendments note under section 1446 of this title.
March 18,2010 

Memorandum to the North Dakota SIP File 

Docket ID # EPA-R08-0AR-2009-0556 

Subject: July 6,2009 Correspondence from the North Dakota Department of 

Health (SIP Revision) 

From: Gail Fallon, Environmental Engineer 

Environmental Protection Agency, Region 8 

This is to document that EPA replaced pages in the original SIP submittal as 

requested per the subject correspondence. Attached to this memorandum are the two 

pages containing errors which were removed. A copy ofthe subject correspondence and 

corrected pages is included in the docket. 
Ozone 0.075 parts per million (147 micrograms per cubic meter of 

air) daily maximum a-hour average concentration. 

The standard is met when the average of the 

annual fourth-highest daily maximum 8-hour average 

concentration at an ambient air quality monitoring site 

is less than or equal to 0.075 ppm, as determined in 

accordance with 40 CFR 50. Appendix I. 

Nitrogen 

Dioxide 

0.053 parts per million (100 micrograms per cubic meter of 

air), maximum annual arithmetic mean 

Lead 1.5 micrograms per cubic meter of air, maximum arithmetic 

mean averaged over a calendar quarter 

Historv: Amended effective December 1. 1994: Aoril 1. 2009. 

-

14.	 Any major source to which a national emission standard 

for hazardous air pollutants for source categories (40 

CFR 63) would apply.

-
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A19A0817. VERONICA H. SEWELL v. RICHARD T. SEWELL, JR.

The appellant in this case failed to comply with the notice of docketing mailed by this

Court and with Court of Appeals Rule 23 (a), regarding the filing of an enumeration of errors

and brief within twenty days after the appeal was docketed. See also Court of Appeals Rule

13.

On February 07, 2019, this Court ordered the appellant to file an enumeration

of errors and a brief no later than February 18, 2019. As of the date of this order, the

appellant’s enumeration of errors and brief still have not been filed. Accordingly, this

appeal is deemed abandoned and is hereby ordered DISMISSED. Court of Appeals

Rules 7, 23 (a). 

Nothing in this order shall preclude the appellant from filing a timely motion

for reconsideration and seeking reinstatement of the appeal.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

March 15, 2019

03/15/2019
<PAGE>

                                                                    EXHIBIT 32.B


                            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 on Form 10-Q for the period
ending June 30, 2003, of El Paso Natural Gas Company (the "Company") as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Greg G. Gruber, Senior Vice President, Chief Financial Officer and Treasurer
certify (i) that the Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and (ii) that
the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.


                                                /s/ Greg G. Gruber
                                           -------------------------------------
                                           Greg G. Gruber
                                           Senior Vice President, Chief
                                           Financial Officer and Treasurer
                                           (Principal Financial Officer)

                                           August 13, 2003



A signed original of this written statement required by Section 906 has been
provided to El Paso Natural Gas Company and will be retained by El Paso Natural
Gas Company and furnished to the Securities and Exchange Commission or its staff
upon request.
(June 2, 1960)

#### In the Matter of Joseph Lieberman against William S. Hults, as Commissioner of Motor Vehicles.

— Motion granted and the stay contained in the order of the Supreme Court, New York County, entered January 13, 1960, is vacated. Concur — Botein, P. J., Breitel, McNally, Stevens and Noonan, JJ.
§ 757.12 Statutory authorities. ( a ) *Medical Care Recovery Act* , 42 U.S.C. 2651-2653 (2005).
( b ) *Title 10 U.S.C. 1095* (Health Care Services Incurred on Behalf of Covered Beneficiaries: Collection from Third-Party Payers).
( c ) *Title 10 U.S.C. 1079a* (CHAMPUS: Treatment of Refunds and Other Amounts Collected).
[72 FR 53428, Sept. 19, 2007]
EXHIBIT 32 (a)

CERTIFICATE 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 Annual Report of Enzo Biochem, Inc., and Subsidiaries (the
Company) on Form 10-K for the fiscal year ended July 31, 2011 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Elazar Rabbani, Ph.D., Chief Executive 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.

|                         |     |                           
|------------------------ | --- | --------------------------
|Dated:
 October 14, 2011 |     |                           
|                         | By: | /s/ Elazar
 Rabbani, Ph.D.
|                         |     |                           
|                         |     | Elazar
 Rabbani, Ph.D.    
|                         |     | Chief
 Executive Officer  

A
signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version of this written
statement required by Section 906, has been provided to the Company and will be
retained by the Company and furnished to the Securities and Exchange Act
Commission or its staff upon request.

---
<PAGE>   1

                                                                      EXHIBIT 23









                        Consent of Independent Auditors



The Board of Directors and Stockholders
American Classic Voyages Co.

We consent to incorporation by reference in the registration statement No.
33-80614 on Form S-3 and No. 33-92382 on Form S-8 of American Classic Voyages
Co. of our report dated February 19, 1997, relating to the consolidated balance
sheets of American Classic Voyages Co. and subsidiaries as of December 31, 1996
and 1995, and the related consolidated statements of income, changes in
stockholders' equity, and cash flows for each of the years in the three-year
period ended December 31, 1996, and the related financial statement schedule,
which report appears in the December 31, 1996 annual report on Form 10-K of
American Classic Voyages Co.

                                                       /s/ KPMG Peat Marwick LLP

                                                           KPMG Peat Marwick LLP



Chicago, Illinois
March 26, 1997
§ 750.12 Claims: Action when suit filed. ( a ) *Action required of any Navy official receiving notice of suit.* The commencement, under the civil action provisions of the Federal Tort Claims Act (28 U.S.C. 1346(b)), of any action against the United States and involving the Navy, that comes to the attention of any official in connection with his official duties, shall be reported immediately to the Tort Claims Unit Norfolk to take any necessary action and provide prompt notification to the Judge Advocate General. The commencement of a civil action against an employee of the Navy for actions arising from the performance of official duties shall be reported in the same manner.
( b ) *Steps upon commencement of civil action.* Upon receipt by the Judge Advocate General or Tort Claims Unit Norfolk of notice from the DoJ or other source that a civil action involving the Navy has been initiated under the civil action provisions of the Federal Tort Claims Act, and there being no investigative report available at the headquarters, a request shall be made to the commanding officer of the appropriate Naval Legal Service Command activity for an investigative report into the incident. If there is not a completed investigation, the request shall be forwarded to the appropriate naval activity to convene and complete such a report. The commanding officer of the Naval Legal Service Command activity shall contact the Tort Claims Unit Norfolk to determine whether an administrative claim had been filed and, if available information indicates none had, the Tort Claims Unit Norfolk shall advise the Office of the Judge Advocate General (Claims and Tort Litigation Division) immediately.
[57 FR 4722, Feb. 7, 1992, as amended at 72 FR 53419, Sept. 19, 2007]
#### J. A. Morton, appellee, v. Phillipo DiCenso and Theresa DiCenso, appellants. Charles G. Wineteer, appellee.

Gen. No. 7,797.

Suit to foreclose mortgage. Decree for defendant and cross-complainant. Appeal from the Circuit Court of Sangamon county; the Hon. E. S. Smith, Judge, presiding. Heard in this court at the October term, 1924.

Affirmed.

Opinion filed March 6, 1925.

Bobert H. Patton, for appellants.

Edward F. Irwin, Adolph F. Bernard and Clayton J. Barber, for appellee.

Mr. Justice Crow

delivered the opinion of the court.
### §5912. Quarters in Government owned or rented buildings; employees in foreign countries

Under regulations prescribed by the head of the agency concerned and approved by the President, an employee who is a citizen of the United States permanently stationed in a foreign country may be furnished, without cost to him, living quarters, including heat, fuel, and light, in a Government owned or rented building. The rented quarters may be furnished only within the limits of appropriations made therefor.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 509.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 118a. | June 26, 1930, ch. 622, 46 Stat. 818.Sept. 6, 1960, Pub. L. 86–707, §511(c)(6), 74 Stat. 801. |

Statutes at Large

Sept. 6, 1960, Pub. L. 86–707, §511(c)(6), 74 Stat. 801.

The words "which appropriations are hereby authorized" are omitted as unnecessary in view of section 5509.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site. 
**Title:****Light air-cured tobacco marketreview [electronic resource].**
 
1970 | 1971| 1972 | 1973| 1974
 
SuDoc Number:A 88.34/5:
CGP systemNumber:000826820
 
August 29, 2019
#### JOSEPH McKINLEY BRYAN TAYLOR, Individually, and as Guardian Ad Litem of Joseph McKinley Bryan Taylor, Jr., and Martha Caroline McKellar Taylor, Minors; and MARY PRICE TAYLOR, Individually v. NATIONSBANK CORPORATION, formerly N.C.N.B. National Bank of North Carolina; E.S. MELVIN; and CAROLE W. FEE BRUCE, Trustees

No. 161PA97

(Filed 5 December 1997)

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 125 N.C. App. 515, 481 S.E.2d 358 (1997), affirming a judgment entered by Rousseau, J., on 3 June 1996 in Superior Court, Guilford County. Heard in the Supreme Court 18 November 1997.

*Tharrington Smith, L.L.R, by Wade M. Smith, Roger W. Smith, and Randall M. Roden, for plaintiff-appellees.*

*Smith Helms Mulliss & Moore, L.L.P., by James G. Exum, Jr., Larry B. Sitton, and Robert R. Marcus, for defendant-appellants.*

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

Justice FRYE did not participate in the consideration or decision of this case.