alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Don Juan Britt, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent.

[831 NYS2d 921]—

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner challenges a determination finding him guilty of violations of prison disciplinary rules prohibiting violent conduct, refusing a direct order and refusing a frisk. We confirm. The misbehavior report contained a factually specific account of the incident written by the correction officer involved and was endorsed by a witness employee. The misbehavior report, which was accompanied by supporting documentation that included a highly detailed report by a correction sergeant who observed the entire incident, provides substantial evidence supporting the determination of guilt *(see Matter of Foster v Coughlin,*76 NY2d 964, 966 [1990]; *Matter of Goncalves v Donnelly,*9 AD3d 721 [2004]). Petitioner’s exculpatory statements as to the nature of his acts presented a credibility issue for the Hearing Officer to resolve *(see Matter of Miller v New York State Dept. of Correctional Servs., 295*AD2d 714, 714-715 [2002]). Petitioner’s procedural objection is unpersuasive. A review of the misbehavior report reveals that it disclosed the relevant details with enough particularity to enable petitioner to prepare a defense *(see Matter of Quintana v Selsky,*268 AD2d 624, 625 [2000]).

Crew III, J.P., Peters, Carpinello, Mugglin and Rose, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Exhibit 32.2

Certification Pursuant  To 18 U.S.C. 1350,  As Adopted Pursuant to  Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Cyanotech Corporation (the "Company") on Form 10-K for the period ended
March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Deanna L. Spooner, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

Date: June 24, 2010

/s/ Deanna L. Spooner Deanna L. Spooner Vice PresidentFinance & Administration and CFO
(Principal Financial and Accounting Officer)


---



QuickLinks
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                      4,866,0000
<SECURITIES>                                         0
<RECEIVABLES>                               24,558,000
<ALLOWANCES>                                 1,207,000
<INVENTORY>                                  6,292,000
<CURRENT-ASSETS>                            42,013,000
<PP&E>                                     146,839,000
<DEPRECIATION>                              63,043,000
<TOTAL-ASSETS>                             130,315,000
<CURRENT-LIABILITIES>                       76,036,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       145,000
<OTHER-SE>                                  48,413,000
<TOTAL-LIABILITY-AND-EQUITY>               130,315,000
<SALES>                                     65,976,000
<TOTAL-REVENUES>                            65,976,000
<CGS>                                       45,171,000
<TOTAL-COSTS>                               45,171,000
<OTHER-EXPENSES>                            15,866,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           2,205,000
<INCOME-PRETAX>                              2,621,000
<INCOME-TAX>                                   786,000
<INCOME-CONTINUING>                          1,835,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,835,000
<EPS-PRIMARY>                                      .23
<EPS-DILUTED>                                      .23
        

</TABLE>
Exhibit 32.1

CERTIFICATION OF
PRESIDENT AND CHIEF EXECUTIVE OFFICER

18 U.S.C. 1350
Certification of Bruce C. Dale                       President and Chief Executive
Officer                                        of
                           Duckwall-ALCO Stores, Inc.

I, Bruce C. Dale,  President and
Chief Executive Officer of Duckwall-ALCO  Stores,  Inc., hereby certify,  in accordance
with 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

| | (a) | The
Quarterly Report on Form 10-Q for the quarter ended May 1,               2005, which
accompanies this certification, fully complies with               the requirements of
section 13(a) or 15(d) of the Securities               Exchange Act of 1934, as amended;
and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | (b) | The
information contained the Quarterly Report on Form 10-Q for               the quarter
ended May 1, 2005, which accompanies this               certification, fairly presents,
in all material respects, the               financial condition and results of operation
of Duckwall-ALCO               Stores, Inc.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

A signed original of this written
statement required by Section 906 has been provided to Duckwall-ALCO Stores, Inc. and
will be retained by Duckwall-ALCO Stores, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.

Dated:  June 10, 2005

| | By: | /s/
      Bruce C. Dale
      Bruce C. Dale 
      President and Chief Executive Officer
| | --- | ----------------------------------------------------------------------------------------

---
### §§1736s, 1736t. Repealed. Pub. L. 101–624, title XV, §1572(3), Nov. 28, 1990, 104 Stat. 3702

Section 1736s, Pub. L. 99–198, title XI, §1124, Dec. 23, 1985, 99 Stat. 1481; Pub. L. 99–260, §5, Mar. 20, 1986, 100 Stat. 49; Pub. L. 100–418, title IV, §4304, Aug. 23, 1988, 102 Stat. 1397; Pub. L. 101–239, title I, §1005(b), Dec. 19, 1989, 103 Stat. 2109, provided for targeted export assistance for fiscal years 1986 through 1990.

Section 1736t, Pub. L. 99–198, title XI, §1125, Dec. 23, 1985, 99 Stat. 1482; Pub. L. 100–418, title IV, §4402(a), Aug. 23, 1988, 102 Stat. 1400, provided for short-term export credits.

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

#### Export Credit Guarantee Program

Pub. L. 100–418, title IV, §4305, Aug. 23, 1988, 102 Stat. 1398, which stated the sense of Congress that, to the extent that the Commodity Credit Corporation made a specified allocation of credit guarantees available under the export credit guarantee program referred to in section 1736t for short-term credit extended to finance the export sales of United States agricultural commodities and products, such allocation was to be made on a country-only basis and not on a commodity basis or a commodity and country basis, was repealed by Pub. L. 101–624, title XV, §1571, Nov. 28, 1990, 104 Stat. 3702.
### §304104. Compensation of members of Council

The members of the Council specified in paragraphs (2), (3), and (4) of section 304101(a) of this title shall serve without additional compensation. The Chairman of the Council shall be compensated as provided in subsection (e) of section 304101. The other members of the Council shall receive $100 per diem when engaged in the performance of the duties of the Council. All members of the Council shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3211; Pub. L. 114–289, title V, §501(c)(2), Dec. 16, 2016, 130 Stat. 1490.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 304104 | 16 U.S.C. 470l. | Pub. L. 89–665, title II, §204, Oct. 15, 1966, 80 Stat. 918; Pub. L. 91–243, §1(f), May 9, 1970, 84 Stat. 204; Pub. L. 94–422, title II, §201(6), Sept. 28, 1976, 90 Stat. 1321; Pub. L. 96–515, title III, §301(h), Dec. 12, 1980, 94 Stat. 2999. |

Section

#### **Editorial Notes**

#### Amendments

2016—Pub. L. 114–289 inserted "The Chairman of the Council shall be compensated as provided in subsection (e) of section 304101." after "without additional compensation."
## Pc,~~s '2--3>

- 

### 3>3**~\-e.-<"\.\-\o(,)Q\\ ~** **g\Clf\~**

### l<l-\-~ \\-\-\ ON'-\\'{ 

## tj\O--\\**~**
##### 



ENNIS, INC. AND SUBSIDIARIES
FORM 10-Q
FOR THE QUARTERLY PERIOD ENDED NOVEMBER 30, 2007
 EXHIBIT 32.2
 SECTION 1350 CERTIFICATION OF CHIEF FINANCIAL OFFICER
  (1)
    
    The Quarterly Report on Form 10-Q of the Company for the period ended
November 30, 2007, as filed with the Securities Exchange Commission on
the date hereof (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 as of the dates and for the periods expressed in the
Report.
 /s/ Richard L. Travis, Jr.Richard L. Travis, Jr.Chief Financial OfficerDate: December 28, 2007
 The foregoing Certification is being furnished solely pursuant to 18 U.S.C. Section 1350; it is not
being filed for purposes of Section 18 of the Securities Exchange Act, and is not to be
incorporated by reference into any filing of the Company, whether made before or after the date
hereof, regardless of any general incorporation languages in such filing.
 44
Exhibit 32.1

CERTIFICATION PURSUANT TO  18 U.S.C. SECTION 1350,  AS ADOPTED PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18,
United States Code), each of the undersigned officers of EXCO Resources, Inc. (the "Company"), does hereby certify, to such officer's knowledge, that:

The
annual report on Form 10-K for the year ended December 31, 2007 (the "Form 10-K") of the Company fully complies with the requirements of
Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the Form 10-K fairly presents, in all material respects, the
financial condition and results of operations of the Company as of, and for, the periods presented in the Form 10-K.

|Date: February 28, 2008 |  | /s/DOUGLAS H. MILLERDouglas H. Miller
Chief Executive Officer
|----------------------- |  | -------------------------------------------------------------
|                        |  | /s/J. DOUGLAS RAMSEYJ. Douglas Ramsey
Chief Financial Officer

The
foregoing certification is being furnished as an exhibit to the Form 10-K pursuant to Item 601(b)(32) of Regulation S-K and
Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and, accordingly, is not being
filed as part of the Form 10-K for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.

---



QuickLinks
Exhibit 10.29


AMENDMENT NUMBER ONE



TO THE



NEW YORK STOCK EXCHANGE, INC.



SUPPLEMENTAL EXECUTIVE SAVINGS
PLAN


WHEREAS, New York
Stock Exchange, Inc. (“NYSE”) maintains the New York Stock Exchange, Inc.
Supplemental Executive Savings Plan, amended and restated effective as of
August 1, 1997 (the “Plan”);


WHEREAS, NYSE may
amend the Plan by action of its board of directors (the “Board”) or a person
designated by the Board; and


WHEREAS, the
undersigned has been duly authorized by the Board to amend the Plan, in his
sole and absolute discretion; and


WHEREAS, the undersigned
deems it advisable to amend the Plan.


NOW,
THEREFORE, pursuant to Section 16 of the Plan, the Plan is
hereby amended as follows:


1.             Effective January
1, 1999, Section 1(h) of the Plan is amended by substituting “twenty-four one
hundredths (.24)” where “twenty-two one hundredths (.22)” appears.


2.             Effective January
1, 1999, Section 2(b) of the Plan is amended by substituting “eighteen percent
(18%)” where “sixteen percent (16%)” appears.


 

















 


IN WITNESS WHEREOF, the undersigned
has caused this Amendment to be executed
this 3rd day of November, 1998.


 


	
   

  	
  NEW YORK STOCK EXCHANGE, INC.

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Frank
  Z. Ashen

  
	
   

  	
   

  	
   

  
	
   

  	
  Dated:

  	
          11/3/98

  



 


2
#### § 26.660 Recipient.

*Recipient* means any individual, corporation, partnership, association, unit of government (except a Federal agency) or legal entity, however organized, that receives an award directly from a Federal agency.
<PAGE>

                                                                    Exhibit 31.1

                                 CERTIFICATIONS

        I, John R. Peeler, certify that:

        1.      I have reviewed this quarterly report on Form 10-Q of Acterna
                Corporation;

        2.      Based on my knowledge, this quarterly report does 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 quarterly report;

        3.      Based on my knowledge, the financial statements, and other
financial information included in this quarterly report, fairly present in all
material respects the financial condition, results of operations and cash flows
of the registrant as of, and for, the periods presented in this quarterly
report;

        4.      The registrant's other certifying officer and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15e and 15d-15e for the registrant and have:

(a)     Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

(b)     Evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

(c)     Disclosed in this report any change in the registrant's internal control
over financial reporting that occurred during the registrant's most recent
fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5.      The registrant's other certifying officer and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

(a)     All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

(b)     Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.

                              Date: August 14, 2003

                                    /s/ John R. Peeler
                              -------------------------------------
                                        John R. Peeler
                              President and Chief Executive Officer
EXHIBIT 32.01

May 6, 2010

The
certification set forth below is being submitted in connection with the Quarterly Report on Form 10-Q for the quarter ended March 31, 2010 (the Report) of El Paso Electric Company (the Company) for the purpose of
complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the Exchange Act) and Section 1350 of Chapter 63 of Title 18 of the United States Code.

David W. Stevens and David G. Carpenter, each certifies that, to the best of his knowledge:



| | 1. | such Report fully complies with the requirements of Section 13(a) of the Exchange Act; 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/ David W. StevensDavid W. Stevens Chief
Executive Officer/s/ David G. CarpenterDavid G. Carpenter Senior
Vice President and Chief Financial Officer
### §422. Procurements for defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack

The authorities provided in this part apply to any procurement of property or services by or for an executive agency that, as determined by the head of the executive agency, are to be used to facilitate defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack, but only if a solicitation of offers for the procurement is issued during the 1-year period beginning on November 25, 2002.

(Pub. L. 107–296, title VIII, §852, Nov. 25, 2002, 116 Stat. 2235.)
#### In the Matter of Brooklyn Bar Association, Petitioner, v. John Marvin Crawford, Respondent.

This is a proceeding to discipline respondent, an attorney at law, for professional misconduct in that he wrongfully refused to return moneys received from a client for expenses incident to the prosecution of a divorce action. It appears from the petition that respondent failed to institute the action; that after a period of time the client informed respondent that she no longer desired to sue for divorce; that she thereupon requested the return of the money she had paid him for the expenses of the proposed lawsuit; and that respondent ignored such request. Respondent failed to appear before the Grievance Committee of the petitioner on the preliminary investigation of this charge. Respondent likewise failed to appear in this court in this proceeding or to serve an answer to the petition, although such petition and the order to show cause thereon were duly served upon him. Accordingly, the respondent is disbarred and his name is directed to be struck from the roll of attorneys and counselors at law. Beldock, P. J., Ughetta, Christ, Rabin and Hopkins, JJ., concur.
### SUBCHAPTER I—COLLEGE-AID LAND APPROPRIATION
|   | (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 result of operations of the Company. |

| /s/ Deborah Meinert                        |   |
|--------------------------------------------|--------|
| Vice President and Chief Financial Officer |   |
| (On behalf of the registrant and in her    |   |
| capacities as Principal Financial Officer  |   |
| and Principal Accounting Officer)          |   |
| April 21, 2011                             |   |

----
### §2008i. Short form certification of farm program borrower compliance

The Secretary shall develop and utilize a consolidated short form for farm program borrowers to use in certifying compliance with any applicable provision of law (including a regulation) that serves as an eligibility prerequisite for a loan made under this chapter.

(Pub. L. 87–128, title III, §374, as added Pub. L. 104–127, title VI, §649, Apr. 4, 1996, 110 Stat. 1105.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this title", meaning title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, known as the Consolidated Farm and Rural Development Act, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out under section 1921 of this title and Tables.

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

#### Effective Date

Section effective 90 days after Apr. 4, 1996, see section 663(b) of Pub. L. 104–127, set out as an Effective Date of 1996 Amendment note under section 1922 of this title.