alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Francis Kane, Petitioner, v. New York City Transit Authority, Respondent.

Proceeding under article 78 of the CPLR to review and annul a determination of the New York City Transit Authority dismissing petitioner from his position of railroad conductor, effective June 24, 1964, upon a charge that on May 22, 1964, in a transfer booth of a subway station, he had book-making records in his possession, and that he had been placed under arrest and accused of violating the Penal Law (§§ 986, 986-b). He was thereafter acquitted in the Criminal Court of the City of New York. By order of the Supreme Court, Kings County, made September 23, 1964 pursuant to statute (CPLR 7804, subd. [g]), the proceeding has been transferred to this court for disposition. Determination modified in the exercise of discretion, by striking out the penalty of dismissal and by substituting therefor the penalty of suspension for a period of six months commencing as of June 24, 1964. As so modified, the determination is confirmed, without costs. Under all the circumstances, we find that the penalty of dismissal imposed by the Transit Authority was excessive and an abuse of discretion, and that the penalty of a six-month suspension is adequate. Beldoek, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.
```

                          EXHIBIT 32.2

                   Section 1350 Certification
                 By Principal Financial Officer

     I,  Craig  R.  Jones, certify that the periodic  report,  to
which  this  Statement  is  attached,  fully  complies  with  the
requirements  of  Section 13(a) or 15(d) of  the  Securities  and
Exchange  Act  of  1934,  and the information  contained  in  the
periodic  report  to  which this Statement  is  attached,  fairly
present,  in  all material respects, the financial condition  and
results of operations of the registrant.

     A  signed  original  of  this  written  statement  has  been
provided  to the Company and will be retained by the Company  and
furnished to the SEC upon request.

     Dated October 1, 2003

                              /s/ Craig R. Jones
                              Craig R. Jones
                              Chief Financial Officer
```
exv10w194w1



 







Exhibit 10.194.1




AMENDMENT NO. 1 TO

INTERCREDITOR AGREEMENT




     This Amendment No. 1 to Intercreditor Agreement (the “Amendment”) is effective as of March 7,
2006, and amends the INTERCREDITOR AGREEMENT, dated as of February 9, 2006 (the “Agreement”), by
and among The Immune Response Corporation, a Delaware corporation (the “Company”), Cheshire
Associates, LLC, a Delaware limited liability company, Cornell Capital Partners, L.P., a Delaware
limited partnership, and Hudson Asset Partners, LLC, a Delaware limited liability company, as agent
for the holders from time to time of the Company’s 8% Senior Secured Convertible Notes and for
Qubit Holdings, LLC (“Qubit”) in respect of the 8% senior secured convertible promissory note in
the principal amount of $250,000 issued by the Company to Qubit on the same date.



     1. In the third WHEREAS clause of the Agreement, the number “Five Million Dollars
($5,000,000)” is amended to instead read “Eight Million Dollars ($8,000,000).”



     2. Except as expressly amended hereby, the Agreement remains unchanged and in full force and
effect.



     3. This Amendment may be executed in counterparts and each of such counterparts shall for all
purposes be deemed to be an original, and such counterparts shall together constitute one and the
same instrument.



     IN WITNESS WHEREOF, the undersigned have executed, or have caused to be executed, this
Amendment as of the date first written above.



	 	 	 	 	 
	 	 	Secured Parties:
	 
	 	 	 	 
	 	 	CHESHIRE ASSOCIATES, LLC
	 
	 	 	 	 
	 
	 	 	 	 
	 

	 	By:	 	 
	 

	 	 	 	 
	 

	 	 	 	Nonmember Manager
	 
	 	 	 	 
	 
	 	 	 	 
	 	 	CORNELL CAPITAL PARTNERS, L.P.
	 
	 	 	 	 
	 	 	By: Yorkville Advisors, LLC
	 	 	Its: General Partner
	 
	 	 	 	 
	 

	 	By:	 	 
	 

	 	 	 	 
	 	 	Name: Mark Angelo
	 	 	Title: Portfolio Manager
	 
	 	 	 	 
	 	 	HUDSON ASSET PARTNERS, LLC,
	 	 	as Agent for the Investors
	 
	 	 	 	 
	 

	 	By:	 	 
	 

	 	 	 	 
	 	 	Name:
	 	 	Title:
	 
	 	 	 	 
	 
	 	 	 	 
	 	 	The Company:
	 
	 	 	 	 
	 	 	THE IMMUNE RESPONSE CORPORATION
	 
	 	 	 	 
	 

	 	By:	 	 
	 

	 	 	 	 
	 

	 	 	 	Name:
	 

	 	 	 	Title:
#### The People of the State of New York, Respondent, v. Louise James, Appellant.

Judgment of conviction unanimously affirmed. No opinion. Concur—Breitel, J. P., Rabin, Yalente, Stevens and Eager, JJ.
#### Edward D. Gulczynski, Respondent, v. Harry P. Kirst, Appellant, et al., Defendants.

Order unanimously reversed, without costs of this appeal to any party, and motion granted, without costs. Memorandum: It now appears that the liens were vacated for failure to file notices of pendency. It also appears that the plaintiff may have a cause of action in contract that is not alleged in the complaint. However, the liens were vacated after these motions were submitted to Special Term and therefore the Special Term Justice had no opportunity to consider this phase of these matters. This dismissal is without prejudice to bringing any other cause of action that plaintiff may have against the defendant. (Appeal from an order of Erie Special Term denying motion to dismiss complaint.) Present — Williams, P. J., Bastow, Henry, Noonan and Del Veechio, JJ.
EXHIBIT 32.2
                                                                    ------------



                              FAB INDUSTRIES, INC.


                            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 of Fab Industries, Inc. (the "Company")
on Form 10-Q for the period ending August 30, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, David A. Miller,
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:

         (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.


/s/ David A. Miller
---------------------------
David A. Miller
Chief Financial Officer
October 14, 2003
**Exhibit 32.2**

 

**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 theQuarterly Report of Dynamic Materials Corporation (the “Company”) on Form 10-Qfor the period ending September 30, 2005 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Richard A. Santa,Vice President and Chief Financial Officer of the Company, certify pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 
| (i)    | The Report fully  complies with the requirements of Section 13(a) of the Securities  Exchange Act of 1934; and                               |
|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                   |
| (ii)   | The information  contained in the Report fairly presents, in all material respects, the  financial condition and results of operations of the Company. |

 

 
|   | /s/ Richard A.  Santa                       |   |
|--------|---------------------------------------------|--------|
|   | Richard A. Santa                            |
|   | Vice President  and Chief Financial Officer |
|   | of  Dynamic Materials Corporation           |

 

 

November 9,2005

 

----
### §7314. Reports

#### (a) Report on initial review

Not later than June 1, 1998, the Commission shall submit to the President, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of the initial review conducted under section 7313(a) of this title.

#### (b) Report on subsequent review

Not later than January 1, 2001, the Commission shall submit to the President and the congressional committees specified in subsection (a) a report containing the results of the subsequent review conducted under section 7313(b) of this title.

(Pub. L. 104–127, title I, §184, Apr. 4, 1996, 110 Stat. 940.)
Exhibit 12
 RATIO OF EARNINGS TO FIXED CHARGES
 
 Fiscal
Year2008
    
    
    2007
    
    
    2006Computation of Earnings:Income before income taxes
    
    $
    17,485
    
    
    $
    32,239
    
    
    $
    31,160Add:Minority interest
    
    
    2,392
    
    
    
    2,003
    
    
    
    3,218Interest expense
    
    
    37,231
    
    
    
    47,670
    
    
    
    47,648Amortization of debt
premium/discount and expenses
    
    
    2,449
    
    
    
    2,678
    
    
    
    2,638Interest portion of rent expense
    
    
    1,325
    
    
    
    1,299
    
    
    
    1,199Earnings as adjusted
    
    $
    60,882
    
    
    $
    85,889
    
    
    $
    85,863Computation of Fixed Charges:Interest expense
    
    $
    37,231
    
    
    $
    47,670
    
    
    $
    47,648Capitalized interest
    
    
    375
    
    
    
    405
    
    
    
    531Amortization of debt premium/discount and expenses
    
    
    2,449
    
    
    
    2,678
    
    
    
    2,638Interest portion of rent expense
    
    
    1,325
    
    
    
    1,299
    
    
    
    1,199Fixed charges
    
    $
    41,380
    
    
    $
    52,052
    
    
    $
    52,016Ratio of Earnings to Fixed Charges
    
    
    1.47
    
    
    
    1.65
    
    
    
    1.65
##### 



Exhibit 32.3 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 Current Report on Form 10-Q of Claires Stores,
Inc. (the Company) for the quarterly period ended May 1, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Ira D. Kaplan, Chief Financial Officer of the Company, hereby 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. /s/ Ira D. KaplanIra D. KaplanJune 10, 2004
    Chief Financial Officer
§ 536.88 Settlement authority for claims under the Federal Tort Claims Act. ( a ) *General.* Subject to the Attorney General's approval of payments in excess of $200,000 for a single claim, or if the total value of all claims and potential claims arising out of a single incident exceeds $200,000 (for which USARCS must write an action memorandum for submission to the Department of Justice), the following officials are delegated authority to settle (including payment in full or in part, or denial) and make final offers on claims under this subpart: ( 1 ) The Judge Advocate General (TJAG);
( 2 ) The Assistant Judge Advocate General (TAJAG); and
( 3 ) The Commander USARCS.
( b ) *ACO heads.* A head of an area claims office (ACO) is delegated authority to pay up to $50,000 in settlement of a claim, regardless of the amount claimed, and to disapprove or make a final offer in a claim presented in an amount not exceeding $50,000, provided the value of all claims and potential claims arising out of a single incident does not exceed $200,000.
( c ) *CPO heads.* A head of a claims processing office (CPO) with approval authority is delegated authority to approve, in full or in part, claims presented for $5,000 or less, and to pay claims regardless of amount, provided an award of $5000 or less is accepted in full satisfaction of the claim.
( d ) *Further guidance.* Authority to further delegate payment authority is set forth in § 536.3(g)(1) of this part. For further discussions related to approval, settlement and payment authority, see paragraphs 2-69 and 2-71 of DA Pam 27-162.
( e ) *Settlement of multiple claims from a single incident.* ( 1 ) Where a single act or incident gives rise to multiple claims cognizable under this subpart, and where one claim cannot be settled within the monetary jurisdiction for one claim of the authority acting on the claim or all claims cannot be settled within the monetary jurisdiction for a single incident, no final offer will be made. All claims will be forwarded, along with a recommended disposition, to the Commander USARCS.
( 2 ) If the Commander USARCS determines that all claims can be settled for a total of $200,000 or less, he may return claims to the field office for settlement. If the Commander USARCS, determines that all claims cannot be settled for a total of $200,000, he must request Department of Justice authority prior to settlement of any one claim. The field claims office must not concede liability by paying any one claim of lesser value.
|   | 1. | the      Quarterly Report on Form 10-Q of the Company for the quarterly period      ended July 10, 2009 (the “Report”) fully complies with the requirements of      Section 13(a) or 15(d) of the Securities      Exchange Act of 1934 (15 U.S.C. 78m or 780(d));  and |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 2. | the      information contained in the Report fairly presents, in all material      respects, the financial condition      and results of operations of theCompany. |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:      August 24, 2009   |   | /s/ Raymond      F. Lancy                 |   |
|-----------------------------------------|--------|------------------------------------------------|--------|
|                                    |   | Raymond      F. Lancy, Chief Financial Officer |   |
|                                    |   | (Principal      Financial Officer)             |   |
|                                    |   |                                           |   |
#### The People of the State of New York v. Thomas Grant.

Motion for an enlargement of time granted and the time within which to notice the appeal for argument is enlarged to the February Term of this court, said appeal to be argued or submitted when reached. Concur — Valente, J. p., McNally, Stevens, Eager and Bergan, JJ.
* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-30706 Summary Calendar

DORIS SMALL, Plaintiff-Appellant,

versus

DAVID RAMSEY, Secretary of Department of Health & Hospitals, d/b/a Natchitoches Mental Health Clinic, Defendant-Appellee.

Appeal from the United States District Court For the Western District of Louisiana

(92-CV-1820)

January 30, 1996
Before POLITZ, Chief Judge, SMITH and BARKSDALE, Circuit Judges.

PER CURIAM: *

Doris A. Small appeals an adverse judgment fo llowing a bench trial of her

employment-discrimination action under Title VII, 42 U.S.C. § 2000e et seq. She contends

that: (1) the district court made an erroneous evidentiary ruling, (2) the evidence was

insufficient to support the verdict, and (3) the defendant should not have been awarded the

costs of court. Our review of the briefs and pertinent parts of the record discloses no

reversible error. Accordingly, we AFFIRM.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>


PERIOD-TYPE                                  YEAR

FISCAL-YEAR-END                          DEC-31-1997

PERIOD-END                               DEC-31-1997

CASH                                         $85,592
SECURITIES                                         0
RECEIVABLES                                  595,295
ALLOWANCES                                   140,311
INVENTORY                                      5,293
CURRENT-ASSETS                               555,430
PP&E                                         185,771
DEPRECIATION                                 100,672
TOTAL-ASSETS                                 676,023
CURRENT-LIABILITIES                        2,074,391
BONDS                                              0
PREFERRED-MANDATORY                           80,450
PREFERRED                                     20,766
COMMON                                       134,515
OTHER-SE                                  (1,634,815)
TOTAL-LIABILITY-AND-EQUITY                   676,023
SALES                                      5,097,432
TOTAL-REVENUES                             5,097,432
CGS                                        3,601,005
TOTAL-COSTS                                3,601,005
OTHER-EXPENSES                             1,966,167
LOSS-PROVISION                                     0
INTEREST-EXPENSE                             134,710
LOSS-PRETAX                                 (604,450)
LOSS-TAX                                         100
LOSS-CONTINUING                             (604,550)   
DISCONTINUED                                       0
EXTRAORDINARY                                      0
CHANGES                                            0
NET-LOSS                                    (604,550)
EPS-BASIC                                       (.05)
EPS-DILUTED                                     (.05)


</TABLE>
1542.1203 Processing agreements. ( a ) The responsible contracting office shall: ( 1 ) Obtain from the Contractor a list of all affected contracts, the names and addresses of the contracting offices responsible for these contracts, and the required documentary evidence.
( 2 ) Verify the accuracy of the list of contracts through the Contract Information System.
( 3 ) Draft and execute a supplemental agreement to one of the contracts affected but covering all applicable outstanding and incomplete contracts affected by the transfer of assets or change of name. A supplemental agreement number need not be obtained for contracts other than for the one under which the supplemental agreement is written. The supplemental agreement will contain a list of the contracts affected and, for distribution purposes, the names and addresses of the contracting offices having contracts subject to the supplemental agreement.
( b ) Agreements and supporting documents covering successors in interest shall be reviewed for legal sufficiency by legal counsel.
( c ) After execution of the supplemental agreement, the designated office shall forward an authenticated copy of the supplemental agreement to the Director, Policy, Training and Oversight Division, and to each affected contract office.
[49 FR 8865, Mar. 8, 1984, as amended at 59 FR 18977, Apr. 21, 1994]
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 844 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                 S. 844

 To amend title 38, United States Code, to consider certain time spent 
 by members of reserve components of the Armed Forces while receiving 
medical care from the Secretary of Defense as active duty for purposes 
  of eligibility for Post-9/11 Educational Assistance, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                April 5 (legislative day, April 4), 2017

  Mr. Wyden (for himself, Mr. Boozman, and Mr. Markey) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend title 38, United States Code, to consider certain time spent 
 by members of reserve components of the Armed Forces while receiving 
medical care from the Secretary of Defense as active duty for purposes 
  of eligibility for Post-9/11 Educational Assistance, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``GI Bill Fairness Act of 2017''.

SEC. 2. CONSIDERATION OF CERTAIN TIME SPENT RECEIVING MEDICAL CARE FROM 
              SECRETARY OF DEFENSE AS ACTIVE DUTY FOR PURPOSES OF 
              ELIGIBILITY FOR POST-9/11 EDUCATIONAL ASSISTANCE.

    (a) In General.--Section 3301(1)(B) of title 38, United States 
Code, is amended by inserting ``12301(h),'' after ``12301(g),''.
    (b) Retroactive Application.--The amendment made by subsection (a) 
shall apply as if such amendment were enacted immediately after the 
enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 
(Public Law 110-252).
                                 <all>
```
EXHIBIT 3(b)

            RESOLVED, that the By-Laws of the Corporation be, and the same 
            hereby are, amended to include the following provisions relating
            to nominations to the Board of Directors:

            Section 2.14 Nomination for Director.  Nominations for election
            to the Board may be made by the Board or by any stockholder of any
            outstanding class of capital stock of the Corporation entitled to 
            vote for the election of Directors.  Nominations, other than those 
            made by or on behalf of the Board, shall be made in writing and
            shall be delivered to the President or the Chairman of the Board
            of the Corporation not less than (20) days prior to the applicable
            meeting; provided, however, that if the Corporation furnished less
            than thirty (30) days' notice of any meeting, such notification
            must be delivered not later than ten (10) days following the
            date on which the Corporation provided such notice but in no event
            less than five (5) days prior to the meeting.  The notification
            shall contain the following information to the extent known to the 
            notifying stockholder: (a) the name and address of each
            proposed nominee; (b) the principal occupation of each proposed
            nominee; (c) the total number of shares of capital stock of the
            Corporation that will be voted for each proposed nominee; (d) the
            name and residence address of the notifying stockholder; (e) the
            number of shares of capital stock of the Corporation owned by the 
            notifying stockholder; and (f) all other information required
            (in the President's judgement) to be included in the Corporation's
            proxy statement with respect to the applicable meeting of 
            stockholders.  Nominations not made in accordance herewith may, 
            in his discretion, be disregarded by the Chairman of the meeting,
            and upon his instructions, the inspectors of election shall 
            disregard all votes cast for each such nominee.