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

[833 NYS2d 508]

Judgments, Supreme Court, New York County (Marcy L. Kahn, J.), rendered January 11, 2005, convicting defendant, after a nonjury trial, of two counts of burglary in the third degree, *373and, upon his plea of guilty, of bail jumping in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 2Vs to 5 years for the burglary convictions, consecutive to a term of IV2 to 3 years for the bail jumping conviction, and concurrent with a term of 1 to 3 years for violation of probation, unanimously modified, on the law, to the extent of vacating the second felony offender adjudication only with respect to the burglary count alleging an offense committed on May 7, 2001 and remanding for resentencing on that count, and otherwise affirmed.

The burglary convictions were based on legally sufficient evidence. Defendant was convicted of two burglaries, both recorded by surveillance cameras, committed in 2001 and 2003 on different floors of the same secured corporate offices. The evidence supports the conclusion that in each instance defendant entered with intent to commit a crime. Among other things, in each instance defendant entered surreptitiously, there was no legitimate explanation for his presence, and he was carrying a bag suitable for stealing a laptop computer *(see e.g. People v Sainvil,*251 AD2d 46 [1998], *lv denied*92 NY2d 930 [1998]). Moreover, the similarities between the incidents reinforced the inference of criminal intent *(see generally People v Ingram,*71 NY2d 474 [1988]).

As the People concede, defendant should not have been adjudicated a second felony offender with respect to the burglary committed in 2001, since that offense predated the 2002 conviction that served as the predicate felony offense. The circumstances warrant a remand for resentencing on that conviction. We find no basis upon which to disturb the remaining sentences. Concur—Andrias, J.P, Saxe, Nardelli, Williams and Catterson, JJ.
### §403–3c. Transferred

#### **Editorial Notes**

#### Codification

Section 403–3c, comprising section 103C of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3028 of this title.
#### STATE v. HARDRICK

No. 607P97

Case below: 127 N.C.App. 755

Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 February 1998. Motion by Attorney General to dismiss appeal allowed 5 February 1998.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS FOUND ON PAGES F3 TO
F5 OF THE COMPANY'S 10K AND QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           1,227
<SECURITIES>                                         0
<RECEIVABLES>                                   18,020
<ALLOWANCES>                                       414
<INVENTORY>                                     36,166
<CURRENT-ASSETS>                                59,103
<PP&E>                                          63,458
<DEPRECIATION>                                  27,795
<TOTAL-ASSETS>                                 103,054
<CURRENT-LIABILITIES>                           36,512
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            91
<OTHER-SE>                                      44,385
<TOTAL-LIABILITY-AND-EQUITY>                   103,054
<SALES>                                        129,840
<TOTAL-REVENUES>                               129,840
<CGS>                                          108,154
<TOTAL-COSTS>                                  136,263
<OTHER-EXPENSES>                                 2,819
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,464
<INCOME-PRETAX>                                (7,068)
<INCOME-TAX>                                   (2,501)
<INCOME-CONTINUING>                            (4,567)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,567)
<EPS-BASIC>                                     (0.50)
<EPS-DILUTED>                                   (0.50)


</TABLE>
MEMORANDUM

TO: The Director

Office of State and Grantee Relations

FROM: James Lane

Delegated Authority to Perform the Functions and Duties of the 

Assistant Secretary for Elementary and Secondary Education

SUBJECT: · Redelegation of Authority for Certain Waivers and Determinations under the CRRSA 

Act and the ARP Act

I. DELEGATION OF AUTHORITY

Under the authority vested in me by a delegation from the Secretary, delegation EA/ES/103, 

certified on February 2, 2022, I delegate to you, or to anyone serving for you in an acting capacity 

or delegated the authority to perform the functions and duties of your position, the following 

authorities:

A. the authority to waive maintenance of effort requirements under Division M, section 317 of 

the Coronavirus Response and Relief Supplemental Appropriations (CRRSA), 2021, Pub. L. 

No. 116-260 (December 27, 2020);

B. the authority to waive maintenance of effort requirements under section 2004(a)(2) of the 

American Rescue Plan (ARP) Act of 2021, Pub. L. No. 117-2 (March 11, 2021); and

C. the authority to determine whether a local educational agency has demonstrated an 

exceptional or uncontrollable circumstance under section 2004(c)(2)(D) of the ARP Act.

Unless otherwise noted in future delegations of authority, amendments to the authorities 

delegated herein are included in the scope of this delegation.

II. RESERVATIONS

Unless otherwise noted in existing or future delegations of authority, the following are not 

delegated:

A. the authority to sign documents for publication in the Federal Register;

B. the authority to appoint, and fix compensation of, members of advisory councils; and

C. unless otherwise provide by law, the authority to submit reports to Congress or the President.

III. REDELEGATION
No further redelegation is authorized.

IV. CERTIFICATION AND EFFECTIVE DATE

This redelegation is effective upon certification by the Department's Principal Delegations 

Control Officer.

I hereby ratify actions within the scope of this redelegation taken by the addressee prior to the 

date of certification.

___________/s_____________

James Lane

OGC Clearance and Date: Debbie Friendly; 4/14/2022

Departmental Control Officer: Jim Clemmens

Control Number: ES/ES/105

Date Certified: 4/15/2022
### §2566. Time limitation on damages

(a) No recovery shall be had for that part of any infringement committed more than six years (or known to the owner more than one year) prior to the filing of the complaint or counterclaim for infringement in the action.

(b) In the case of claims against the United States Government for unauthorized use of a protected variety, the period between the date of receipt of written claim for compensation by the department or agency of the Government having authority to settle such claim, and the date of mailing by the Government of a notice to the claimant that the claim has been denied shall not be counted as part of the period referred to in the preceding paragraph.

(Pub. L. 91–577, title III, §126, Dec. 24, 1970, 84 Stat. 1556; Pub. L. 103–349, §13(u), Oct. 6, 1994, 108 Stat. 3144.)

#### **Editorial Notes**

#### Amendments

1994—Subsec. (b). Pub. L. 103–349 substituted "the" for "his" before "claim has been denied".

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

#### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
§ 553.20 Prohibition of interment, inurnment, or memorialization in an Army National Military Cemetery of persons who have committed certain crimes. ( a ) *Prohibition.* Notwithstanding §§ 553.12-553.16, 553.18, and 553.22, pursuant to 10 U.S.C. 985 and 38 U.S.C. 2411, the interment, inurnment, or memorialization in an Army National Military Cemetery of any of the following persons is prohibited: ( 1 ) Any person identified in writing to the Executive Director by the Attorney General of the United States, prior to his or her interment, inurnment, or memorialization, as a person who has been convicted of a Federal capital crime and whose conviction is final (other than a person whose sentence was commuted by the President).
( 2 ) Any person identified in writing to the Executive Director by an appropriate State official, prior to his or her interment, inurnment, or memorialization, as a person who has been convicted of a State capital crime and whose conviction is final (other than a person whose sentence was commuted by the Governor of the State).
( 3 ) Any person found under procedures specified in § 553.21 to have committed a Federal or State capital crime but who has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution. Notice from officials is not required for this prohibition to apply.
( 4 ) Any person identified in writing to the Executive Director by the Attorney General of the United States or by an appropriate State official, prior to his or her interment, inurnment, or memorialization, as a person who has been convicted of a Federal or State crime causing the person to be a Tier III sex offender for purposes of the Sex Offender Registration and Notification Act, who for such crime is sentenced to a minimum of life imprisonment and whose conviction is final (other than a person whose sentence was commuted by the President or the Governor of a State, as the case may be).
( b ) *Notice.* The Executive Director is designated as the Secretary of the Army's representative authorized to receive from the appropriate Federal or State officials notification of conviction of capital crimes referred to in this section.
( c ) *Confirmation of person's eligibility.* ( 1 ) If notice has not been received, but the Executive Director has reason to believe that the person may have been convicted of a Federal capital crime or a State capital crime, the Executive Director shall seek written confirmation from: ( i ) The Attorney General of the United States, with respect to a suspected Federal capital crime; or
( ii ) An appropriate State official, with respect to a suspected State capital crime.
( 2 ) The Executive Director will defer the decision on whether to inter, inurn, or memorialize a decedent until a written response is received.
<PAGE>

                                                                    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

The undersigned hereby certifies that to his knowledge the Quarterly Report on
Form 10-Q for the quarter ended September 27, 2003 of EDO Corporation (The
"Company") filed with the Securities and Exchange Commission on the date hereof
fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that the information contained in such report fairly
presents, in all material respects, the financial condition and results of
operations of the Company.

/s/ James M. Smith
------------------------
James M. Smith
Chief Executive Officer
November 10, 2003
#### MARTIN MARIETTA TECHNOLOGIES v. BRUNSWICK COUNTY

No. 421PA97

Case below: 126 N.C.App. 806

Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 allowed 6 November 1997 as to the following issue only: Does the Rule 54(b) certification contained in the trial court’s June 11, 1996 order together with a final determination on MM’s First through Fourth Causes of Action confer appellate jurisdiction pursuant to Rule 54(b)?
### §365. Transferred

#### **Editorial Notes**

#### Codification

Section, act Mar. 2, 1887, ch. 314, §4, 24 Stat. 441, as amended, was transferred to section 361d of this title. For provisions of section 365 of this title which related to issuance and free mailing by stations of bulletins or reports, see section 361f of this title.
#### § 767.14 Amendment, suspension, or revocation of permits.

The NHHC Deputy Director, or his/her designee may amend, suspend, or revoke a permit in whole or in part, temporarily or indefinitely, if in his/her view the permit holder has acted in violation of the terms of the permit or of other applicable regulations, or for other good cause shown. Any such action will be communicated in writing to the permit holder or the permit holder's representative and will set forth the reason for the action taken. The permit holder may request the Director of the NHHC reconsider the action in accordance with § 767.7(e).
#### Robert Lee Lowman, Jr., Appellant, v Mary Dankert, Respondent, et al., Defendants.

(Appeal No. 2.)

[832 NYS2d 857]—

Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered October 5, 2006. The order and judgment, among other things, granted the motion of defendant Mary Dankert for leave to reargue and, upon reargument, granted that part of the motion of defendants Mary Dankert, Paul North and Norm Peters for summary judgment dismissing the complaint against defendant Mary Dankert.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in *Lowman v Dankert*(39 AD3d 1273 [2007]). Present—Scudder, P.J., Hurlbutt, Green and Pine, JJ.
#### Nadine V. Hacker, Appellant, v Lincoln First Bank of Rochester, Formerly Lincoln Rochester Trust Company, as Trustee of the Trust Created between Lincoln Rochester Trust Company, as Trustee, and Elisabeth B. Frame, as Settlor, et al., Respondents.

Judgment unanimously affirmed, without costs, on the memorandum decisions at Special Term, Boomer, J. (see *Matter of Nichol,*24 AD2d 191, mod on other grounds 19 NY2d 207). (Appeal from judgment of Monroe Supreme Court—settle trustee's account.) Present-Moule, J. P., Cardamone, Simons, Dillon and Hancock, Jr., JJ.
T3CMIC.4L IlJ30miATI0N ON BUILDING MATERIALS

EOE USE IN THE DESIGN OE LOV/-COST HOUSING

TIBM - 7

THE NATIONAL BUEEAU OE STANDARDS

UNITED STATES DEPARTMENT OE COMMERCE

WASHINGTON, D. C.

A-pril 20, 19^)6.

THERIvLAL INSULATION

Coiiroarative Insulating Values of 8" Solid Brick Walls

Having Various T:/~pes of Interior Einishes

This is a Brief presentation of calculated thermal insulating

values of 8" solid Brick v/alls, having various common types of interior

finishes, Based on tests conducted By the National Bureau of Standards

and presented in detail in former Letter Circular 227, "Thermal Insulation", (April 19, 1927); a^^d Bureau of Standards Research Paper No. 29I

"Heat Transfer through Building Walls", (August 6, 193O) Ny M. S. Van

Dusen and J. L. Einck.

Out of print.

2

Out of print and not avail aBle By purchase But may Be consulted

in Government depository liBraries.

042436-2

C0:-IP-4RATIVE INSULATIII& YALUSS OF S" SOLID BRICK WALLS

HAYIl'TG VARIOUS TYPES OF INTERIOR FINISHES

Wall

g"

Solid

Brick

Interior Finisli

j/S" Furring, 3/^" Plaster and Metal Latli^

7/g" Fiirring, l/2" Plaster Board or Wall Board without Plas,ter

JlSL Furring, l/2" Rigid Ins-iulation Board without Plaster-^

Insulating

Values^

Wall Plus

Finish

3

f

i/2" Rigid Insulation Board, ' 7/S" Furring, 3/^" Plaster : and Metal Lath : 4.9

1/2’’ Rigid Insulation Board, 7/S" Furring, l/2” Plaster ; Board or Wall Board witjiout Plaster^ : 5*0

l/2" Rigid Insulation Board,"*" 7/S" Furring, l/2" Rigid ; Insulation Board without Plaster^?^ ; 6.

l/2" Flexihle Insulation,-" 7/S" Furring, 3/^” Plaster : and Metal Lath^ • 5*3

lf2^ Flesihle Insulation,^ 7/S" Furring_^ l/2" Plaster ; Board or Wall Board without Plaster-^ ; 5»3

l/2" Flexible Insulation, 5 7/S" Furring, l/2" Rigid : Insulation Board without Plaster-^ >

' : 6. 4

7/g" Furring ( air space filled with flexible insulation)

3/4" Plaster and Metal Lath^

7/S" Furring (air space filled with flexible insulation)

l/2" Plaster Board or Wall Board without Plaster-^

7/g" Furring ( air space filled v/ith flexible insulation)

l/2" Rigid Insulation Board without Plaster3;

2" Furring (air space filled with flexible insulation)

3/4" Plaster and Metal Lath^

2" Furring (air space filled with flexible insulation)

l/2" Plaster Board or Wall Board without Plaster3

2" Furring (air space filled with flexible insulation)

l/2" Rigid Insulation Board without Plaster3?4

5.6

5.6

6. S

9.g

9.S

11.0

The insulating value is defined as the number of hours required for the

passage of 1 Btu of heat tlirough 1 square foot of wall area, per degree Fahrenheit

temperature difference between the air on one side of the wall and the air on the

other.

If wood lath is used, add O.19.

^If 1/2" plaster is applied to board, add 0.22.

4

If 3/^" 1" rigid insulation board is used, add 0.75 1*51 respectively.

^If 3/^" 0^ 1" flexible insulation is used, add 0.93 1.S5 respectively-.

- 2 -
**EXHIBIT (12)**

 

**COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES**

 
| ** **                                                                                       | ** ** | **Twelve  Months Ended  September 30,  2007** | ** **     |
|--------------------------------------------------------------------------------------------------|------------|---------------------------------------------------------|----------------|
|                                                                                             |       |                                                    |           |
| Income from  continuing operations before provision for income taxes and fixed charges  (Note A) |       | $                                                       | 99,979,522     |   |
|                                                                                             |       |                                                    |           |
| Fixed charges:                                                                                   |       |                                                    |           |
| Interest on  long-term debt                                                                      |       | $                                                       | 29,940,899     |   |
| Interest on  short-term debt                                                                     |       | 2,750,336                                               |           |
| Interest on note  payable to securitization trust                                                |       | 4,250,000                                               |           |
| Other interest                                                                                   |       | 1,035,376                                               |           |
| Rental expense  representative of an interest factor (Note B)                                    |       | 153,887                                                 |           |
| ** **                                                                                       | ** ** | ** **                                              | ** **     |
| **Total  fixed charges**                                                                         | ** ** | **$**                                                   | **38,130,498** | ** ** |
| ** **                                                                                       | ** ** | ** **                                              | ** **     |
| Ratio of  earnings to fixed charges                                                              |       | 2.62                                                    | x              |

 

NOTEA:    For the purposeof determining earnings in the calculation of the ratio, net income fromcontinuing operations has been increased by the provision for income taxes,non-operating income taxes, minority interest and by the sum of fixed chargesas shown above.

 

NOTEB:    One-third ofrental expense (which approximates the interest factor).

 

----
### §5673. Contracting authority to expand agricultural export markets

#### (a) In general

The Secretary may contract with individuals for services to be performed outside the United States as the Secretary determines necessary or appropriate for carrying out programs and activities to maintain, develop, or enhance export markets for United States agricultural commodities and products.

#### (b) Not employees of United States

Individuals referred to in subsection (a) shall not be regarded as officers or employees of the United States.

(Pub. L. 95–501, title IV, §413, as added Pub. L. 101–624, title XV, §1531, Nov. 28, 1990, 104 Stat. 3685.)
### IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE May 9, 2000 Sess

ion TRACI SORRELLS v. DONALD LE E SORRELLS Direct Appeal from the Juvenile Court for Bradley County No. J-7822 C. Van Deacon, Jr., Judge FILED OCTOBER 5, 2000 No. E1999-01658-COA-R3-CV

C HARLES D. S USANO , J R ., J., concur ring.

I agree with the majority that the trial court’s “determination that parental rights should be terminated must be reversed and the cause

dismissed.” However, I would base the Court’s decision on a matter-of-law determination that the appellee, who is not attempting to

facilitate an adoption of the subject chi ld in or thr ough this proceeding, lacks standing to seek a termination of her former husband’s paren

tal rights. In T.C.A. § 36-1-113(b), thos e who have standin g to file a termin

ation-of-pare

ntal rights petition are iden

tified as follows: The prospective adoptive parent(s) of the child, any licensed childplacing agency h

aving custody

of the child, the c

hil d’s guardian ad litem, a court appointed special advocate (CASA) agency , or the department [of children’s services]... Since the appellee does not fall within any one of the categ

ories set forth in t

he statute, I w

ould hold that she did not have standin

g to file the petit

ion in the instant case. Cf. Winterroth v. Winterro th , 1995 WL 689735 (Tenn. Ct. App. E.S., filed November 22, 1995) (holding under the prior statute that a father in post-divorce litigation was not entitled to a judgment terminating his former wife’s parental rights). I recognize that the appellant did not raise the is sue of stand ing; however, I b elieve this is a fundamental issue that should be add ressed even though not raised as an issue in the briefs. See Tenn. R. App. P. 13(b).-2-

Accordingly, I concur f

or the reason stated.

___________________________________

CHARLES D. SUSANO, JR., JUDGE