alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Boris Vertsberger et al., Appellants, v City of New York et al., Defendants, and Welsbach Electric Corp., Respondent.

[776 NYS2d 836]

*698In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Knipel, J.), dated February 13, 2003, as granted that branch of the motion of the defendant Welsbach Electric Corp. which was for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Boris Vertsberger allegedly sustained injuries when he fell after his foot became lodged in iron rods sticking up from a street light pole foundation. The injured plaintiff alleges that the dangerous condition was created during a street light installation and relocation project performed by the defendant Welsbach Electric Corp. (hereinafter Welsbach) under a contract with the defendant City of New York. According to Welsbach, a protective base installed at this location covered the allegedly dangerous condition. However, Welsbach contends that the protective base was removed by an unknown third party at some point before the accident.

The injured plaintiff and his spouse sued the City, as owner of the public sidewalk, Welsbach, as the contractor on the streetlight replacement project, and Consolidated Edison, as the electric utility supplying power to the streetlights. Welsbach moved, inter alia, for summary judgment dismissing the complaint insofar as asserted against it, arguing that it owed no duty to the injured plaintiff with respect to the allegedly dangerous condition. The Supreme Court, inter alia, granted that branch of the motion. We affirm insofar as appealed from.

Welsbach established its prima facie entitlement to judgment as a matter of law *(see Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]). In response, the plaintiffs failed to raise a triable issue of fact. As a general rule, a party such as Welsbach, which enters into a contract to render services, has not assumed a duty of care to third parties outside the contract, such as the injured plaintiff, who allegedly was injured as a result of the negligent performance of such contractual obligation *(see Espinal v Melville Snow Contrs.,*98 NY2d 136, 138-139 [2002]). Furthermore, contrary to the plaintiffs’ assertion, there was no *699evidence that Welsbach created or exacerbated a hazardous condition so as to fall within an exception to the general rule *(see Espinal v Melville Snow Contrs., supra*at 141-142).

The plaintiffs’ remaining contentions are without merit. Smith, J.P., H. Miller, S. Miller and Luciano, JJ., concur.
Exhibit 32.1

** **

** **

                           Certification of CEO and CFO

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

**                              As Adopted Pursuant to**

**                   Section 906 of the Sarbanes-Oxley Act of 2002**

 

 

 

In connection with theAnnual Report on Form 10-K of Real Estate Associates Limited VI (the"Partnership"), for the fiscal year ended December 31, 2008 as filed with theSecurities and Exchange Commission on the date hereof (the "Report"), Steven D.Cordes, as the equivalent of the Chief Executive Officer of the Partnership, andStephen B. Waters, as the equivalent of the Chief Financial Officer of thePartnership, each hereby certifies, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to thebest of his knowledge:

 

(1)   The Reportfully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)   Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Partnership.

 

 

This certification isfurnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Act of2002 and shall not be deemed filed by the Partnership for purposes of Section 18of the Securities Exchange Act of 1934, asamended.
#### The People of the State of New York, Respondent, v. Frank Buonpane, Appellant.

Appeal by defendant from a judgment of the County Court, Kings County, rendered May 12, 1961 after a jury trial, convicting him of attempted robbery in the first degree, attempted grand larceny in the first degree, and assault in the second degree, and sentencing him, as a fourth felony offender, to serve a term of 15 years to life. Judgment affirmed. No opinion. Beldock, P. J., Ughetta, Kleinfeld, Christ and Hill, JJ., concur.
#### PEOPLE, Respondent, v. HARRER et al., Appellants.

(Supreme Court, Appellate Division, Fourth Department.

June 1, 1906.)

Proceedings by the people of the state of New York against John Harrer and another.

PER CURIAM.

Judgment and order affirmed.

WILLIAMS, J., not voting.
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

Featured Grant OpportunityShare with Youth: NOAA Student Opportunities Database

Featured Grant OpportunityShort Courses in Social Determinants of Health for Research Education in Nursing Research (Funding...

Featured Grant OpportunityComprehensive Partnerships to Advance Cancer Health Equity (CPACHE) Program (Funding Opportunity)

Featured Grant OpportunityRisk and Protective Factors of Family Health and Family Level Interventions (Funding Opportunity)

Featured Grant OpportunityPersonnel Development to Improve Services and Results for Children with Disabilities--Doctoral...

Featured Grant OpportunityStanding Announcement for Tribal Title IV-E Plan Development Grants (Funding Opportunity)

Featured Grant OpportunityProviding Research Education Experiences to Enhance Inclusivity for a Diverse Substance Use and...

Featured Grant OpportunityFY 2024 Research on School-Based Hate Crimes (Funding Opportunity)

Featured Grant OpportunityChallenge America (Funding Opportunity)

Featured Grant OpportunityResearch and Evaluation on Firearm Violence and Mass Shootings (Funding Opportunity)

Featured Grant OpportunityNational Juvenile Court Data Archive (Funding Opportunity)

Featured Grant OpportunityGraduate Research Fellowship (Funding Opportunity)

Featured Grant OpportunityCommunity Programs for Outreach and Intervention with Youth and Young Adults at Clinical High Risk...

Featured Grant OpportunityPrint and Disseminate Child Victims and Witnesses Support Materials (Funding Opportunity)

## Breadcrumb

            -  Evidence and Innovation 
            -  Investing in What Works 
            -           IWW Infographic Milestones      

# IWW Infographic Milestones

**What data should be collected to determine progress across the implementation bridge?**X

**What would an implementation monitoring plan look like? **X

**How much time does it take? **X
#### 9904.413-62 Exemption.

None for this Standard.
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

Featured Grant OpportunityShare with Youth: NOAA Student Opportunities Database

Featured Grant OpportunityShort Courses in Social Determinants of Health for Research Education in Nursing Research (Funding...

Featured Grant OpportunityResearch on Law Enforcement Responses to Opioid Overdoses (Funding Opportunity)

Featured Grant OpportunityComprehensive Partnerships to Advance Cancer Health Equity (CPACHE) Program (Funding Opportunity)

Featured Grant OpportunityRisk and Protective Factors of Family Health and Family Level Interventions (Funding Opportunity)

Featured Grant OpportunityPersonnel Development to Improve Services and Results for Children with Disabilities--Doctoral...

Featured Grant OpportunityStanding Announcement for Tribal Title IV-E Plan Development Grants (Funding Opportunity)

Featured Grant OpportunityProviding Research Education Experiences to Enhance Inclusivity for a Diverse Substance Use and...

Featured Grant OpportunityFY 2024 Research on School-Based Hate Crimes (Funding Opportunity)

Featured Grant OpportunityChallenge America (Funding Opportunity)

Featured Grant OpportunityResearch and Evaluation on Firearm Violence and Mass Shootings (Funding Opportunity)

Featured Grant OpportunityNational Juvenile Court Data Archive (Funding Opportunity)

Featured Grant OpportunityGraduate Research Fellowship (Funding Opportunity)

Featured Grant OpportunityCommunity Programs for Outreach and Intervention with Youth and Young Adults at Clinical High Risk...

Featured Grant OpportunityPrint and Disseminate Child Victims and Witnesses Support Materials (Funding Opportunity)

## Breadcrumb

            -           Share with Youth: Girlfriends' Health      

# Share with Youth: Girlfriends' Health

This resource describes how friends can reinforce positive health behaviors related to physical activity, healthy eating, sexual health, and quitting alcohol and tobacco. It also provides links to related information. 

http://www.cdc.gov/Features/GirlfriendsHealth/?utm_source=youth.gov&utm_medium=federal-links&utm_campaign=reports-and-resources
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 annual report of US Biodefense, Inc. (the "Company") on Form 10-KSB for the year ended November 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Scott Perren, acting in the capacity as the Chief Executive Officer of the Company, certify to the best of my knowledge, 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 result of operations of the Company.





/s/ Scott Perren

Scott Perren

Chief Financial Officer

April 15, 2005
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

Featured Grant OpportunityShare with Youth: NOAA Student Opportunities Database

Featured Grant OpportunityShort Courses in Social Determinants of Health for Research Education in Nursing Research (Funding...

Featured Grant OpportunityComprehensive Partnerships to Advance Cancer Health Equity (CPACHE) Program (Funding Opportunity)

Featured Grant OpportunityRisk and Protective Factors of Family Health and Family Level Interventions (Funding Opportunity)

Featured Grant OpportunityPersonnel Development to Improve Services and Results for Children with Disabilities--Doctoral...

Featured Grant OpportunityStanding Announcement for Tribal Title IV-E Plan Development Grants (Funding Opportunity)

Featured Grant OpportunityProviding Research Education Experiences to Enhance Inclusivity for a Diverse Substance Use and...

Featured Grant OpportunityFY 2024 Research on School-Based Hate Crimes (Funding Opportunity)

Featured Grant OpportunityChallenge America (Funding Opportunity)

Featured Grant OpportunityResearch and Evaluation on Firearm Violence and Mass Shootings (Funding Opportunity)

Featured Grant OpportunityNational Juvenile Court Data Archive (Funding Opportunity)

Featured Grant OpportunityGraduate Research Fellowship (Funding Opportunity)

Featured Grant OpportunityCommunity Programs for Outreach and Intervention with Youth and Young Adults at Clinical High Risk...

Featured Grant OpportunityPrint and Disseminate Child Victims and Witnesses Support Materials (Funding Opportunity)

## Breadcrumb

            -           Resource: TurnTheTideRx.org      

# Resource: TurnTheTideRx.org

This website provides information to healthcare providers about opioids, including risks, benefits, and prescribing guidance, in light of the growing opioid epidemic in the United States. TurnTheTideRx.org also includes a pledge that healthcare providers can take to show they are doing their part to end the opioid crisis. 

http://turnthetiderx.org/?utm_source=Youth.gov&utm_medium=Federal-Links&utm_campaign=Reports-and-Resources
#### 9904.407-10 [Reserved]
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-92,641-01

EX PARTE TIMOTHY TAYLOR, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W366-80945-2012-HC IN THE 366 DISTRICT COURT TH

FROM COLLIN COUNTY 

Per curiam. YEARY, J. dissents.

O P I N I O N

Applicant was convicted of continuous sexual abuse of a child and indecency with a child

and sentenced to life for the first charge and twenty years’ imprisonment for the second. The Fifth

Court of Appeals affirmed his convictions. Taylor v. State, No. 05-14-00821-CR (Tex.

App.—Dallas Dec. 27, 2016)(not designated for publication). Applicant filed this application for

a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. 

See TEX. CODE CRIM. PROC. art. 11.07. 

Applicant contends that the State withheld material exculpatory evidence in violation of

Brady v. Maryland, 373 U.S. 83 (1963). He alleges that a pre-grand jury interview of the

complainant which contained numerous inconsistent statements which could have been used for
2

impeachment purposes was not turned over to the defense.

The trial court has determined that the State inadvertently violated their duty to disclose

evidence and the evidence withheld was material. The trial court recommends granting relief. We

agree.

Relief is granted. The judgment in Cause No. 366-80945-2012 in the 366 District Court th

of Collin County is set aside, and Applicant is remanded to the custody of the Sheriff of Collin

County to answer the charges as set out in the indictment. The trial court shall issue any necessary

bench warrant within 10 days after the mandate of this Court issues.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional

Institutions Division and Pardons and Paroles Division.

Delivered: April 13, 2022

Do not publish
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

Featured Grant OpportunityShare with Youth: NOAA Student Opportunities Database

Featured Grant OpportunityShort Courses in Social Determinants of Health for Research Education in Nursing Research (Funding...

Featured Grant OpportunityResearch on Law Enforcement Responses to Opioid Overdoses (Funding Opportunity)

Featured Grant OpportunityComprehensive Partnerships to Advance Cancer Health Equity (CPACHE) Program (Funding Opportunity)

Featured Grant OpportunityRisk and Protective Factors of Family Health and Family Level Interventions (Funding Opportunity)

Featured Grant OpportunityPersonnel Development to Improve Services and Results for Children with Disabilities--Doctoral...

Featured Grant OpportunityStanding Announcement for Tribal Title IV-E Plan Development Grants (Funding Opportunity)

Featured Grant OpportunityProviding Research Education Experiences to Enhance Inclusivity for a Diverse Substance Use and...

Featured Grant OpportunityFY 2024 Research on School-Based Hate Crimes (Funding Opportunity)

Featured Grant OpportunityChallenge America (Funding Opportunity)

Featured Grant OpportunityResearch and Evaluation on Firearm Violence and Mass Shootings (Funding Opportunity)

Featured Grant OpportunityNational Juvenile Court Data Archive (Funding Opportunity)

Featured Grant OpportunityGraduate Research Fellowship (Funding Opportunity)

Featured Grant OpportunityCommunity Programs for Outreach and Intervention with Youth and Young Adults at Clinical High Risk...

Featured Grant OpportunityPrint and Disseminate Child Victims and Witnesses Support Materials (Funding Opportunity)

## Breadcrumb

            -  Announcements 
            -           Resource: Safeguarding Children of Arrested Parents: Implementing the Model Arrest Policy Archived Webinar      

# Resource: Safeguarding Children of Arrested Parents: Implementing the Model Arrest Policy Archived Webinar

This 90-minute webinar highlighted the Model Arrest Policy implementation and is recommended for law enforcement staff, probation officers, social services staff, youth serving organizations, and researchers. **Learn more.**
#### In the Matter of Frank Di Biasi, Petitioner, v. Mitchell D. Schweitzer, as a Justice of the Supreme Court of the State of New York, Respondent.

Petition, seeking an annulment of an order dated October 1, 1964 adjudging petitioner to be in criminal contempt of court and further seeking a vacatur or modification of an order dated September 17, 1964 holding him in $25,000 bail as a material witness, unanimously dismissed. The record establishes that the petitioner refused to testify before the Grand Jury pursuant to subpoena, despite the fact that he was offered immunity in a situation where such immunity could be validly conferred. As a result, the adjudication of contempt was properly made. The relief sought with respect to the order holding petitioner as a material witness is not available in this proceeding. In any event, no evidence is offered to indicate the impropriety of such order. Concur — Botein, P. J., Breitel, Rabin, Eager and Steuer, JJ.
#### 952.223-75 Preservation of individual occupational radiation exposure records.

As prescribed at 923.7003(h), insert the clause in contracts containing 952.223-71, Integration of environment, safety, and health into work planning and execution, or 952.223-72, Radiation protection and nuclear criticality:

# Preservation of Individual Occupational Radiation Exposure Records (APR 1984)

Individual occupational radiation exposure records generated in the performance of work under this contract shall be generated and maintained by the contractor in accordance with 36 CFR Chapter XII, Subchapter B, “Records Management,” the National Archives and Records Administration (NARA)-approved DOE Records Disposition Schedules, and shall be operated as a DOE Privacy Act system of records, in accordance with the Privacy Act.

(End of clause)

[49 FR 12042, Mar. 28, 1984; 49 FR 38952, Oct. 2, 1984, as amended at 59 FR 9109, Feb. 25, 1994; 62 FR 34862, June 27, 1997; 74 FR 36369, 36370, 36378, July 22, 2009; 79 FR 56285, Sept. 19, 2014]
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

Featured Grant OpportunityShare with Youth: NOAA Student Opportunities Database

Featured Grant OpportunityShort Courses in Social Determinants of Health for Research Education in Nursing Research (Funding...

Featured Grant OpportunityComprehensive Partnerships to Advance Cancer Health Equity (CPACHE) Program (Funding Opportunity)

Featured Grant OpportunityRisk and Protective Factors of Family Health and Family Level Interventions (Funding Opportunity)

Featured Grant OpportunityPersonnel Development to Improve Services and Results for Children with Disabilities--Doctoral...

Featured Grant OpportunityStanding Announcement for Tribal Title IV-E Plan Development Grants (Funding Opportunity)

Featured Grant OpportunityProviding Research Education Experiences to Enhance Inclusivity for a Diverse Substance Use and...

Featured Grant OpportunityFY 2024 Research on School-Based Hate Crimes (Funding Opportunity)

Featured Grant OpportunityChallenge America (Funding Opportunity)

Featured Grant OpportunityResearch and Evaluation on Firearm Violence and Mass Shootings (Funding Opportunity)

Featured Grant OpportunityNational Juvenile Court Data Archive (Funding Opportunity)

Featured Grant OpportunityGraduate Research Fellowship (Funding Opportunity)

Featured Grant OpportunityCommunity Programs for Outreach and Intervention with Youth and Young Adults at Clinical High Risk...

Featured Grant OpportunityPrint and Disseminate Child Victims and Witnesses Support Materials (Funding Opportunity)

## Breadcrumb

            -           A Comparison of College Attendance and High School Coursework from Two Cohorts of Youth      

# A Comparison of College Attendance and High School Coursework from Two Cohorts of Youth

The Department of Labor conducted an analysis that examines how the relationship between high school courses and college attendance may have changed between the late 1970s and the late 1990s. As time progressed, students began taking more rigorous coursework and that became a high predictor of who was likely to attend college. In the late 1970s, however, fewer students took advanced courses and the rigor of the courses did not seem to be a determining factor in college attendance. 

http://www.bls.gov/opub/btn/volume-1/a-comparison-of-college-attendance-and-high-school-coursework-from-two-cohorts-of-youth.htm
#### § 1032.18 Cooperative association.

See § 1000.18.
#### In the Matter of Solomie Kelly, Petitioner, v Fred J. Buscaglia, as Commissioner of the Erie County Department of Social Services, et al., Respondents.

— Determination unanimously confirmed and petition dismissed without costs. Memorandum: This proceeding pursuant to CPLR 7803 (subd 4) is brought to review a determination of the Commissioner of the State Department of Social Services, after a fair hearing, which affirmed the determination of the Commissioner of the Erie County Department of Social *1102Services denying petitioner the services of a homemaker. On December 8, 1976 petitioner underwent a modified right radical mastectomy. She was found also to have hypertensive vascular disease and mild diabetes mellitus. These conditions curtailed her ability to perform her occupation as a housekeeper and cook. She was likewise helpless to do rigorous household tasks. On March 4, 1977 her attending physician wrote on a prescription form "Solomie Kelly is physically unable to do heavier tasks of housework and has to employ someone to do housework for her.” On March 7,1977 she applied to the Erie County Department of Social Services for homemaker services. Supplementing her application was a medical form executed by her doctor (April 16, 1977) signifying "NO” to the inquiry "Does patient have a need for * * * housekeeping services”. The commissioner denied the request based on "medical form from your doctor stating that you are not currently in need of homemaker services.” This determination was affirmed after a fair hearing and is now before us for review. There is no room for judicial intervention where there is found to be a rational basis for the commissioner’s determination *(Matter of Speller v State of New York Drug Abuse Control Comm.,*67 AD2d 1079). The determination, however, must be supported by substantial evidence (CPLR 7803, subd 4). Section 365-a (subd 2, par [d]) of the Social Services Law provides for the services of a homemaker when prescribed by a physician in accordance with a plan of treatment. That the written directive contained on the doctor’s prescription blank here may comply with the prescriptive requirement (18 NYCRR 505.14 [a] [1]) does not render the finding herein improper or lacking a rational basis. The record discloses notice of the deficiency to the petitioner and ample opportunity to have the physician rectify any apparent inconsistency or to have another doctor of her choice submit a new form (K-839) on her behalf. It is logical to infer from the failure to cure the defect, if any, or resubmit new forms that no physician finds such need. The record establishes that petitioner’s attending physician has determined that petitioner is not currently in need of homemaker services. Thus the determination of the commissioner is supported by substantial evidence (see *Matter of Pell v Board of Educ.,*34 NY2d 222, 230-231), and rests upon a reasonable basis in law *(Matter of Howard v Wyman,*28 NY2d 434, 438; *Matter of Stork Rest.*v *Boland,*282 NY 256, 273-274). (Article 78 proceeding transferred by order of Erie Supreme Court.) Presents — Simons, J. P., Schnepp, Callahan, Doerr and Witmer, JJ.
#### Pennsylvania Railroad Company, appellant, v. Roberts & Scharfer Company, appellee.

Gen. No. 33,799.

Opinion filed January 27, 1930.

Rehearing denied February 10, 1930.

Loesch, Scofield, Loeseh & Richards, for appellant. H. L. Howard, William Greene and Burt A. Crowe, for appellee.

Mr. Justice O’Connor

delivered the opinion of the court.