alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Third Department,

November, 1963

(November 8, 1963)

#### The People of the State of New York, Respondent, v. George W. Rice, Appellant.

The indictment, in charging that defendant " operated and drove a motor vehicle in a reckless and culpably negligent manner whereby one Barbara Papiek, a human being, was killed” (Penal Law, § 1053-a), set forth the “plain and concise statement of the act constituting the crime” required by the statute (Code Grim. Pro., § 275, subd. 2); and the bill of particulars, in proper amplification thereof, set forth the evidentiary basis of the negligence charged by alleging that defendant (1) drove his vehicle into the path of another vehicle (2) without signaling or warning (3) while his ability to operate such vehicle was impaired, due to the use of alcoholic beverages. The bill of particulars was ordered in accordance with common-law practice and not pursuant to the provisions governing simplified indictments (Code Grim. Pro., §§ 295g-295k; see *People*v. Bubin, 170 Mise. 969) and thus the authorities upon which appellant relies are not in point; but we find, in any event, no basis upon which the indictment and bill of particulars could be found improper or insufficient. It follows that the court properly received evidence of concentration of alcohol in defendant’s blood of .11% and the testimony of a physician who said, in substance, that defendant was *912so far under the influence of alcohol as to render him incompetent to drive and who expressed the conclusion, based on his own observation of defendant, that defendant was “moderately to acutely intoxicated”. The other specifications of negligence alleged in the bill of particulars were proven without contradiction or explanation. Judgment affirmed. Bergan, P. J., Gibson, Herlihy and Taylor, JJ., concur.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FOURTH
QUARTER 1996 FINANCIAL STATEMENTS 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-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                            2849
<SECURITIES>                                     15216
<RECEIVABLES>                                    21006
<ALLOWANCES>                                      5062
<INVENTORY>                                       7320
<CURRENT-ASSETS>                                 47038
<PP&E>                                           15912
<DEPRECIATION>                                    8822
<TOTAL-ASSETS>                                   59841
<CURRENT-LIABILITIES>                             5851
<BONDS>                                            333
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         15331
<OTHER-SE>                                       38326
<TOTAL-LIABILITY-AND-EQUITY>                     59841
<SALES>                                          70630
<TOTAL-REVENUES>                                 70630
<CGS>                                            18459
<TOTAL-COSTS>                                    18459
<OTHER-EXPENSES>                                 37751
<LOSS-PROVISION>                                  2216
<INTEREST-EXPENSE>                                  69
<INCOME-PRETAX>                                  15215
<INCOME-TAX>                                      5858
<INCOME-CONTINUING>                               9357
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      9357
<EPS-PRIMARY>                                     1.08
<EPS-DILUTED>                                     1.08


</TABLE>
### §1713. Machine-readable visa fees

#### (a) Omitted

#### (b) Fee amount

The machine-readable visa fee charged by the Department of State shall be the higher of $65 or the cost of the machine-readable visa service, as determined by the Secretary of State after conducting a study of the cost of such service.

#### (c) Surcharge

The Department of State is authorized to charge a surcharge of $10, in addition to the machine-readable visa fee, for issuing a machine-readable visa in a nonmachine-readable passport.

#### (d) Availability of collected fees

Notwithstanding any other provision of law, amounts collected as fees described in this section shall be deposited in the Consular and Border Security Programs account to recover costs of providing consular services. Amounts so credited shall be available, until expended, for the same purposes as the appropriation to which credited.

(Pub. L. 107–173, title I, §103, May 14, 2002, 116 Stat. 547; Pub. L. 115–31, div. J, title VII, §7081(b), May 5, 2017, 131 Stat. 716.)

#### **Editorial Notes**

#### Codification

Section is comprised of section 103 of Pub. L. 107–173. Subsec. (a) of section 103 of Pub. L. 107–173 amended provisions set out as a note under section 1351 of this title.

#### Amendments

2017—Subsec. (d). Pub. L. 115–31 substituted "deposited in the Consular and Border Security Programs account" for "credited as an offsetting collection to any appropriation for the Department of State".
### §511l. Act of agent as that of principal

In construing and enforcing the provisions of this chapter; 1 the act; 1 omission, or failure of any agent, officer, or other person acting for or employed by an association, partnership, corporation, or firm, within the scope of his employment or office, shall be deemed to be the act, omission, or failure of the association, partnership, corporation, or firm, as well as that of the person.

(Aug. 23, 1935, ch. 623, §13, 49 Stat. 734.)

1 So in original. The semicolon probably should be a comma.
### §2355. Effect of defective execution

Any document to be filed in the Plant Variety Protection Office and which is required by any law or regulation to be executed in a specified manner may be provisionally accepted by the Secretary despite a defective execution, provided a properly executed document is submitted within such time as may be prescribed.

(Pub. L. 91–577, title I, §25, Dec. 24, 1970, 84 Stat. 1545.)
### §1407. Persons living in and born in Guam

(a) The following persons, and their children born after April 11, 1899, are declared to be citizens of the United States as of August 1, 1950, if they were residing on August 1, 1950, on the island of Guam or other territory over which the United States exercises rights of sovereignty:

(1) All inhabitants of the island of Guam on April 11, 1899, including those temporarily absent from the island on that date, who were Spanish subjects, who after that date continued to reside in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality; and

(2) All persons born in the island of Guam who resided in Guam on April 11, 1899, including those temporarily absent from the island on that date, who after that date continued to reside in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality.

(b) All persons born in the island of Guam on or after April 11, 1899 (whether before or after August 1, 1950) subject to the jurisdiction of the United States, are declared to be citizens of the United States: Provided, That in the case of any person born before August 1, 1950, he has taken no affirmative steps to preserve or acquire foreign nationality.

(c) Any person hereinbefore described who is a citizen or national of a country other than the United States and desires to retain his present political status shall have made, prior to August 1, 1952, a declaration under oath of such desire, said declaration to be in form and executed in the manner prescribed by regulations. From and after the making of such a declaration any such person shall be held not to be a national of the United States by virtue of this chapter.

(June 27, 1952, ch. 477, title III, ch. 1, §307, 66 Stat. 237.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (c), was in the original, "this Act", meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
### §7809. Confidentiality

#### (a) Prohibition

No information regarding names of voters or how a person voted in a referendum conducted under this chapter shall be made public.

#### (b) Penalty

Any person who knowingly violates subsection (a) or the confidentiality terms of an order, as described in section 7804(m)(2) of this title, shall be subject to a fine of not less that $1,000 nor more than $10,000 or to imprisonment for not more than 1 year, or both. If the person is an officer or employee of the Department of Agriculture or the Board, the person shall be removed from office.

#### (c) Additional prohibition

No information obtained under this chapter may be made available to any agency or officer of the Federal Government for any purpose other than the implementation of this chapter or an investigatory or enforcement action necessary for the implementation of this chapter.

#### (d) Withholding information from Congress prohibited

Nothing in this chapter shall be construed to authorize the withholding of information from Congress.

(Pub. L. 106–387, §1(a) [title XII, §1210], Oct. 28, 2000, 114 Stat. 1549, 1549A–96.)
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN THE INTEREST OF J.A.R, D.R., J.R., 

J.N.R, K.L.R, AND A.M.G., CHILDREN,

 Appellant,

§

§

§

§

§

§

No. 08-22-00164-CV

Appeal from the

65th Judicial District Court

of El Paso County, Texas 

(TC# 2021DCM3784)

O R D E R

The Court GRANTS the Appellant M.G.’s second motion for extension of time within 

which to file the brief until November 6, 2022. NO FURTHER MOTIONS FOR EXTENSION 

OF TIME TO FILE THE APPELLANT’S BRIEF WILL BE CONSIDERED BY THIS COURT. 

It is further ORDERED that the Hon. Celia A. Villasenor, the Appellant M.G.’s attorney, 

prepare the Appellant M.G.’s brief and forward the same to this Court on or before November 6,

2022.

IT IS SO ORDERED this 26th day of October, 2022.

PER CURIAM

Before Rodriguez, C.J., Palafox, and Alley, JJ.
#### 1504.670 [Reserved]
#### 1307.103 Agency-head responsibilities.

The designee authorized as responsible for compliance with FAR 7.103 is set forth in CAM 1301.70.
1632.770 Contingency reserve payments. ( a ) Payments from the contingency reserve shall be made in accordance with 5 CFR 890.503.
( b ) A carrier for an FEHB plan may apply to OPM at any time for a payment from the contingency reserve that is in addition to those amounts, if any, paid under 5 CFR 890.503(c)(1) through (c)(4), if the carrier can show good cause, such as, unexpected adverse claims experience. OPM will decide whether to allow the request in whole or in part and will advise the carrier of its decision. However, OPM shall not unreasonably withhold approval for amounts requested that exceed the plan's preferred minimum balance for the contingency reserve.
### §7999. Availability of incentive payments for certain producers

#### (a) Incentive payments required

Subject to subsection (b), the Secretary shall make available a total of $20,000,000 of funds of the Commodity Credit Corporation during the 2003 through 2005 crop years to provide incentive payments to producers of hard white wheat.

#### (b) Conditions on implementation

The Secretary shall implement subsection (a)—

(1) only with regard to production that meets minimum quality criteria; and

(2) on not more than 2,000,000 acres or the equivalent volume of production.

#### (c) Demand for wheat

To be eligible to obtain an incentive payment under subsection (a), a producer shall demonstrate to the satisfaction of the Secretary that buyers and end-users are available for the wheat to be covered by the incentive payment.

(Pub. L. 107–171, title I, §1616, May 13, 2002, 116 Stat. 222.)
### §612c–4. Purchase of specialty crops

#### (a) General purchase authority

Of the funds made available under section 612c of this title, for fiscal year 2002 and each subsequent fiscal year, the Secretary of Agriculture shall use not less than $200,000,000 each fiscal year to purchase fruits, vegetables, and other specialty food crops.

#### (b) Purchase of fresh fruits and vegetables for distribution to schools and service institutions

The Secretary of Agriculture shall purchase fresh fruits and vegetables for distribution to schools and service institutions in accordance with section 1755(a) of title 42 using, of the amount specified in subsection (a), not less than $50,000,000 for each of fiscal years 2008 through 2023.

#### (c) Definitions

In this section, the terms "fruits", "vegetables", and "other specialty food crops" shall have the meaning given the terms by the Secretary of Agriculture.

(Pub. L. 107–171, title X, §10603, May 13, 2002, 116 Stat. 511; Pub. L. 110–234, title IV, §4404(c), May 22, 2008, 122 Stat. 1138; Pub. L. 110–246, §4(a), title IV, §4404(c), June 18, 2008, 122 Stat. 1664, 1899; Pub. L. 113–79, title IV, §4201, Feb. 7, 2014, 128 Stat. 821; Pub. L. 115–334, title IV, §4202, Dec. 20, 2018, 132 Stat. 4655.)

#### **Editorial Notes**

#### Codification

The authorities provided by each provision of, and each amendment made by, Pub. L. 115–334, as in effect on Sept. 30, 2023, to continue, and authorities to be carried out, until the later of Sept. 30, 2024, or the date specified in the provision of, or amendment made by, Pub. L. 115–334, see section 102(a) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of the Agricultural Adjustment Act which comprises this chapter.

#### Amendments

2018—Subsec. (b). Pub. L. 115–334 substituted "2023" for "2018".

2014—Subsec. (b). Pub. L. 113–79 substituted "2018" for "2012".

2008—Subsec. (b). Pub. L. 110–246, §4404(c), added subsec. (b) and struck out former subsec. (b) which related to authority of the Secretary of Agriculture to purchase fresh fruits and vegetables for distribution to schools and service institutions and to provide for the Secretary of Defense to serve as the servicing agency for their procurement.

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

#### Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Amendment by section 4404(c) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
### §450h. Transferred

#### **Editorial Notes**

#### Codification

Section, act July 24, 1919, ch. 26, 41 Stat. 270, as amended, was transferred to section 2220 of this title.

Section was formerly classified to sections 67 and 564 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

          - RIN 1615-AC42

###### Department of Justice

###### Executive Office for Immigration Review

          - 8 CFR Parts 1235
          - [EOIR Docket No. 18-0102; A.G. Order No. 4922-2020]
          - RIN 1125-AA94

# AGENCY:

Department of Homeland Security; Executive Office for Immigration Review, Department of Justice.

# ACTION:

Final rule; correction.

# SUMMARY:

                        The Department of Justice is correcting a final rule that appeared in the                         **Federal Register**                         on December 11, 2020. That document amended Department of Homeland Security and Department of Justice (“the Departments”) regulations governing credible fear determinations. Individuals found to have a credible fear will have their claims for asylum, withholding of removal under Immigration and Nationality or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, adjudicated by an immigration judge within the Executive Office for Immigration Review in streamlined proceedings (rather than under section 240 of the Act). The final rule also specifid what standard of review applies in such streamlined proceedings.                    

# DATES:

Effective on January 11, 2021.

# FOR FURTHER INFORMATION CONTACT:

Lauren Alder Reid, Assistant Director, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Falls Church, VA 22041, telephone (703) 305-0289 (not a toll-free call).

# SUPPLEMENTARY INFORMATION:

                    In FR Rule Doc. 2020-26875, appearing on page 80400 in the                     **Federal Register**                     of Friday, December 11, 2020, the following correction is made:                

§ 1235.6 

1. On page 80400, in the third column, in part 1235, in amendatory instruction 38c is corrected to read “Revising paragraphs (a)(2)(i) and (iii); and”. 

Dated: January 7, 2021.

Rosemary Hart,

Special Counsel and Liaison to the Federal Register.

[FR Doc. 2021-00409 Filed 1-8-21; 8:45 am]

BILLING CODE 4410-30-P
#### Norman Silver, Respondent, v. Queensboro Farm Products, Inc., Appellant.

In an action to recover commissions alleged to be due pursuant to a contract, defendant appeals from so much of an order of the Supreme Court, Queens County, dated February 15, 1962, as denied its motion, made pursuant to subdivision 1 of rule 102 of the Rules of Civil Practice, to require plaintiff to serve a second amended complaint which shall be more definite and certain with respect to certain paragraphs of the present complaint. Order, insofar as appealed from, affirmed, with $10 costs and disbursements. No opinion. Beldock, P. J., Christ, Hill, Rabin and Hopkins, JJ., concur.
#### STATE OF NORTH CAROLINA v. CATHY ANN MILLS BARNES and DONALD RAY HOOKS

No. 66A97

(Filed 7 November 1997)

Appeal by defendants pursuant to N.C.G.S. § 7A-30(2) from the decision of á divided panel of the Court of Appeals, 125 N.C. App. 75, 479 S.E.2d 236 (1997), finding no error in a trial that resulted in judgments entered by Rousseau, J., on 30 January 1996 in Superior Court, Guilford County, sentencing defendants to active prison sentences upon their convictions by a jury of robbery with a dangerous weapon. On 8 May 1997, the Supreme Court retained defendants’ notice of appeal as to a substantial constitutional question pursuant to N.C.G.S. § 7A-30(1) and allowed discretionary review of an additional issue. Heard in the Supreme Court 15 October 1997.

*Michael F. Easley, Attorney General, by Sueanna P. Sumpter, Assistant Attorney General, for the State.*

*John Bryson for defendant-appellants.*

PER CURIAM.

AFFIRMED.
#### 1334.201 Policy.
**This item contains materials that cannot**  **be**

**uploaded to the federal docket. A C** **D containing**  **files submitted to EPA with miscellaneous file**  **extensions is available by contacting**  **docket staff**  **via email at Docket_ORD@epamail.epa.gov**
#### 1405.404 Release of long-range acquisition estimates.
#### Thomasine Hardy, as Administratrix of the Estate of Ellouise Johnson, Deceased, Respondent, v. New York City Housing Authority, Appellant.

Order, entered on August 5, 1964, unanimously reversed, on the law and on the facts, and in the exercise of discretion, without costs, and motion to dismiss for lack of prosecution granted but with leave to plaintiff to move to vacate the dismissal upon a proper showing of merit in the action, provided, however, the motion shall be made within 20 days after service of order hereon with notice of entry. The proceedings for trial were deferred because of the unavailability of the city hospital records, the delay in an examination before trial of resident building superintendent and in the return of the transcript of his testimony, and a rejection for defects, of note of issue, prepared for filing and service to place the matter on the calendar. Defendant acquiesced in the delay in prosecution and Special Term held that the “ delay * * * [was] not entirely the fault of the plaintiff.” Under all the circumstances in this case, the delay would be excusable upon a proper showing of merit to the action. *(Kallmm*v. *Wolf Corp.,*19 A D 2d 521; *Spira*v. *Harris 187th St. Market,*18 A D 2d 1063; *Sortino*v. *Fisher,*20 A D 2d 25.) The attorneys’ affidavit, however, as submitted, is insufficient for this purpose. (See *Rist*v. *234 Fast 33rd Corp.,*4 A D 2d 867; *Sigmund*v. *House of Cutlery,*7 A D 2d 565; *Keating*v. *Smith,*20 A D 2d 141.) The injured plaintiff is now deceased but his testimony had been taken by the defendant, there has been, as aforesaid, an examination before trial of the building superintendent and also at this stage of the action,- plaintiff’s investigation should be completed. Therefore, the plaintiff administratrix should be in a position to show the prima facie merit, if any, of the action. Concur — Botein, P. J., Rabin, Valente, Stevens and Eager, JJ.
16.603-3 Limitations. A letter contract may be used only after the head of the contracting activity or a designee determines in writing that no other contract is suitable. Letter contracts shall not— ( a ) Commit the Government to a definitive contract in excess of the funds available at the time the letter contract is executed;
( b ) Be entered into without competition when competition is required by part 6; or
( c ) Be amended to satisfy a new requirement unless that requirement is inseparable from the existing letter contract. Any such amendment is subject to the same requirements and limitations as a new letter contract.
[48 FR 42219, Sept. 19, 1983, as amended at 50 FR 1742, Jan. 11, 1985; 50 FR 52429, Dec. 23, 1985; 51 FR 31426, Sept. 3, 1986]
### §622. Omitted

#### **Editorial Notes**

#### Codification

Section, act June 26, 1934, ch. 753, §2, 48 Stat. 1223, related to refunding or crediting of taxes paid under section 616 of this title.