alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(January 11, 1979)

#### The People of the State of New York, Respondent, v William Green, Appellant.

— Appeal from a judgment of the County Court of Che-mung County, rendered March 25, 1977, upon a verdict convicting defendant of the crime of sexual abuse in the first degree. While the complainant’s testimony in this case could have been considered by a jury as essentially leading the defendant on to a point of sexual aggressiveness, the evidence is such as to constitute proof beyond a reasonable doubt of the crime of sexual abuse in the first degree. Accordingly, the contention of the defendant as to a failure of proof of a forcible compulsion is not established (see *People v Ayers,*65 AD2d 862). Furthermore, the defendant’s contention that the trial court abused its discretion in refusing to preclude the prosecution from cross-examination of defendant as to a prior conviction of menacing *(People v Sandoval,*34 NY2d 371) is not well founded *(People v Duffy,*36 NY2d 258, 262, 264). The defendant did not present any evidence at the hearing on this question to indicate that the underlying facts of the prior conviction were similar to the instant case. The intentional aspect of menacing (Penal Law, § 120.15) would tend to affect credibility as a deliberate disregard of other people’s rights. Finally, the defendant contends that the court erred in not charging the offense of menacing (Penal Law, § 120.15) as a lesser offense of the crime charged. CPL 300.50 (subd 1) empowers the court with the discretion to charge a lesser included offense "if there is a reasonable view of the evidence which would support a finding that the defendant committed such lesser offense but did not commit the greater”. The rule is well established that upon request by a party, the *757court must submit a lesser offense upon a finding that two conditions are satisfied. In *People v Henderson*(41 NY2d 233, 235), the rule was reiterated: "One of these conditions is that the relationship of the alternative crimes to one another must be such that it is 'impossible to commit a particular crime without concomitantly committing, by the same conduct, another offense of lesser grade or degree’, the statutory definition of a 'lesser included offense’ (CPL 1.20, subd 37). The second, summarily stated, is that there must exist a 'reasonable view of the evidence’ under which it could be found that a defendant committed the lesser included offense but did not commit the greater one *(People v Johnson, 39*NY2d 364, 367; *People v Shuman,*37 NY2d 302, 304; *People v Mussenden,*308 NY 558).” (See, also, *People v Johnson,*45 NY2d 546.) It should first be noted that menacing is not contained within article 130 of the Penal Law entitled "Sex Offenses”, but it is not necessary to decide what relationship may exist between sex offenses and menacing. It is sufficient here to state that there was under the above-cited cases no justification for the request to charge and the denial thereof was not error under the facts herein. Judgment affirmed. Mahoney, P. J., Sweeney, Kane, Staley, Jr., and Herlihy, JJ., concur.
#### Samuel Broder, appellee, v. Edith Rockefeller McCormick et al., appellants.

Gen. No. 31,006.

Assumpsit for services. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the second division of this court for the first

district at the March term, 1926.

Reversed and remanded.

Opinion filed October 5, 1926.

R. J. Hilliard, Matthias Con cannon and William H. Dillon, for appellants.

Wolfsohn & Fireman, for appellee; Elmer M. Leesman, of counsel.

Mr. Presiding Justice Gridley

delivered the opinion of the court.
#### Angelina Sinicropi, Petitioner, v State Division of Human Rights et al., Respondents.

— Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated October 24, 1978, which affirmed a determination of the State Division of Human Rights dismissing the complaint upon a finding of no probable cause. Order confirmed and proceeding dismissed, without costs or disbursements. The action of the State Division of Human Rights was well within its statutory powers and was not arbitrary or capricious. Mollen, P. J., Hopkins, Suozzi and Rabin, JJ., concur.
##### 



Exhibit-10.1
  Commonwealth Edison
    Company Long-Term Incentive Plan




---



##### 



Commonwealth
    Edison Company Long-Term Incentive Plan
  (Effective
    January 1, 2007)
  Establishment.
  Purpose.
  Definitions.
  Affiliate
  Award
  Board
  Cause
            Code
  Company
  Disability
  Eligible Executive
  Employee
  Exelon
  Incentive Pool




---



##### 



Participant
  Performance Cycle
  Performance Goals
  Plan
  Plan Year
  Retirement
  Subsidiary
  Participation.
  Generally.
  Individuals Who Become Eligible Executives During
    a Performance Cycle.
  Administration.




---



##### 



and/or
  Performance Goals.
  Establishment of Incentive
    Pool(s).
  Performance Goals.
  Impact of Extraordinary
    Items.
  Determination of Award Amounts for Any Plan
    Year.
  Determination of Attainment of Performance
    Goals.
  Board Discretion to Determine Amount of
    Award.
  Vesting and Timing of Payments.
  Timing of Payments 
    General.




---



##### 



Effect of Termination of Employment or Change in
    Position.
  Retirement, Death,
    Disability.
  Separation Under Severance
    Plan.
  Termination for Cause, Voluntary
    Resignation.
  Change in Employment
    Position.
  Leave of Absence.
  Source, Time and Manner of Payment,
    Interest.
  Designation of
    Beneficiaries.




---



##### 



No Assignment of Rights.
  No Greater Employment
    Rights.
  No Right to Ongoing
    Participation.
  No Personal Liability.
  Unfunded Plan.
  Facility of Payment.
  Withholding for Taxes and
    Benefits.
  Amendment and Termination.
  Applicable Law.
**Exhibit 32.2**

**Certification of CFO Pursuant to 18 U.S.C. Section1350, as AdoptedPursuant to Section 906 of the Sarbanes-Oxley Act of 2002**

Inconnection with the Quarterly Report of ev3 Inc. (the “Company”) on Form 10-Qfor the quarterly period ended April 1, 2007 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Patrick D. Spangler,Chief Financial Officer and Treasurer of the Company, certify, pursuant to 18U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that to the best of my knowledge:

(1) The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

(2) The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.
| Date: May 9, 2007 | /s/ Patrick D. Spangler               |
|-------------------|---------------------------------------|
|              | Patrick D. Spangler                   |
|              | Chief Financial Officer and Treasurer |
|              | (principal financial officer)         |

 

----
**Exhibit 21.1****SUBSIDIARIES OF PENSON WORLDWIDE, INC.**1. SAI Holdings, Inc. (a Texas corporation)2. Penson Financial Services, Inc. (a North Carolina corporation that is a subsidiary of SAIHoldings, Inc.)3. Nexa Technologies, Inc. (a Delaware corporation that is a subsidiary of SAI Holdings, Inc.)4. Penson Holdings, Inc. (a Delaware corporation that is a subsidiary of SAI Holdings, Inc.)5. Penson Financial Futures, Inc. (a Delaware corporation that is a subsidiary of SAI Holdings,Inc.)6. SAH, Inc. (a Delaware corporation that is a subsidiary of SAI Holdings, Inc.)7. Penson Financial Services Limited (a company incorporated in England that is a subsidiary ofPenson Holdings, Inc.)8. Worldwide Nominees Ltd. (a company incorporated in England that is a subsidiary of PensonFinancial Services Limited)9. Penson Financial Services Canada Inc. (a Canadian corporation that is a Subsidiary of PensonHoldings, Inc.)10. Penson Ventures, Inc. (a Canadian corporation that is a Subsidiary of Penson Holdings, Inc.)11. Penson Asia Limited (a Hong Kong company that is a subsidiary of Penson Holdings, Inc.)12. Market Essentials Group, Inc. (a Canadian corporation that is a subsidiary of PensonVentures, Inc.)13. Turnpike Trading Systems, Inc. (a Canadian corporation that is a Subsidiary of PensonVentures, Inc.)14. GHP1, Inc. (a Texas corporation that is a subsidiary of SAI Holdings, Inc.)15. GHP2, LLC (a Delaware limited liability company that is a subsidiary of GHP1, Inc.)16. Penson GHCO (an Illinois general partnership that is a subsidiary of GHP1, Inc. and GHP2,LLC)
Exhibit 32.02

                            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 Aradyme Corporation (the "Company") on
Form 10-KSB for the year ended September 30, 2006, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Scott A. Mayfield,
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, to the best of my knowledge and belief:

         (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/ James R. Spencer
-----------------------
James R. Spencer
Chief Financial Officer
January 16, 2007

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.
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## Breadcrumb

            -           Registered Apprenticeship      

# Registered Apprenticeship

Registered Apprenticeship provides young workers with structured, on-the-job training in industries like construction, manufacturing, health care, information technology, energy, telecommunications, and more. Read success stories of people who have participated with Registered Apprenticeship and learn how it could benefit you.

http://www.doleta.gov/oa/
#### MITTAL STEEL GALATI S.A. (formerly known as Ispat Sidex S.A.), Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Nucor Corporation, Defendant-Appellee, and Ipsco Steel, Inc., Defendant-Appellee.

No. 2007-1480.

United States Court of Appeals, Federal Circuit.

Oct. 15, 2007.

ON MOTION

*ORDER*

Upon consideration of the Mittal Steel Galati S.A.’s unopposed motion to voluntarily dismiss its appeal,

IT IS ORDERED THAT:

(1) The motion is granted.

*20(2) All parties shall bear their own costs.
#### 49.303-3 Audit of settlement proposal.

The TCO shall submit the settlement proposal to the appropriate audit agency for review (see 49.107). However, if the settlement proposal is limited to an adjustment of fee, no referral to the audit agency is required.

[48 FR 42447, Sept. 19, 1983. Redesignated at 61 FR 39221, July 26, 1996]
#### Madelaine Stein, Respondent, v Gary S. Stein, Appellant.

[775 NYS2d 850]

Order, Supreme Court, New York County *326(Laura Visitacion-Lewis, J.), entered January 17, 2003, which granted plaintiff pendente relief in a matrimonial action, and order, same court and Justice, entered October 3, 2003, which denied defendant’s motion for a downward modification, unanimously affirmed, without costs.

Defendant fails to show either exigent circumstances or a failure by the motion court to properly consider the factors specified in Domestic Relations Law § 236 (B) (6), § 237 (a) and § 240 (1-b) (c) and (f). His remedy for any perceived inequities in the award is a prompt trial *(see Anonymous v Anonymous,*241 AD2d 353 [1997]). Concur—Tom, J.P., Andrias, Saxe, Sullivan and Marlow, JJ.
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference inRegistration Statement Nos. 333-105699 and 333-121662 on Form S-3, and Registration Statement No. 333-60762 on Form S-8 of ATP Oil & Gas Corporation and Subsidiaries of our report dated March 15, 2006, relating to the financialstatements and financial statement schedule of ATP Oil & Gas Corporation and Subsidiaries and management’s report on the effectiveness of internal control over financial reporting, appearing in this Annual Report on Form 10-K of ATPOil and Gas Corporation and Subsidiaries for the year ended December 31, 2005 (which report expresses an unqualified opinion and includes an explanatory paragraph relating to a change in method of accounting for asset retirement obligations in2003). 

/s/ Deloitte & Touche LLP 

Houston, Texas 

March 15, 2006
#### 9904.420-10 [Reserved]
Exhibit  32.2

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

In  connection  with the Annual Report of Sequiam Corporation (the "Company") on
Form  10-KSB for the period ended December 31, 2003 as filed with the Securities
and  Exchange  Commission  on  the  date  hereof  (the  "Report"),  I,  Mark  L.
Mroczkowski,  Senior  Vice President and Chief Financial Officer of the Company,
certify,  pursuant  to 18 U.S.C. Sec.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/  Mark  L.  Mroczkowski
                               --------------------------
                               Mark  L.  Mroczkowski
                               Senior Vice President and Chief Financial Officer
                               April 14, 2004


                                       39
<PAGE>
#### WETTJE, Respondent, v. SILVERMAN, Appellant.

(Supreme Court, Appellate Division Second Department.

June 8, 1906.)

Action by George Wettje, Jr., against Arthur E. Silverman,

PER CURIAM.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event; on the ground that it was not shown that the defendant was in any way responsible for the falling of the brick, as tbe brickwork was being done by a contractor.
EXHIBIT 32.2


                           SECTION 1350 CERTIFICATION


     In connection with the Quarterly Report of Madison Explorations,  Inc. (the
"Company")  on Form 10-QSB for the quarter  ending  March 31, 2006 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Joel  Haskins,  Chief  Financial  Officer and Director 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, to my knowledge:

     (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.


Date: May 18, 2006



                                        By: /s/ JOEL HASKINS
                                            _____________________________
                                                Joel Haskins
                                                Chief Financial Officer
                                                and Director
§ 1131.71 Payments to the producer-settlement fund. Each handler shall make payment to the producer-settlement fund in a manner that provides receipt of the funds by the market administrator no later than the 13th day after the end of the month (except as provided in § 1000.90). Payments due the market administrator shall be deemed not to have been made until the money owed has been received at the market administrator's office, or deposited into the market administrator's bank account. Payment shall be the amount, if any, by which the amount specified in paragraph (a) of this section exceeds the amount specified in paragraph (b) of this section: ( a ) The total value of milk to the handler for the month as determined pursuant to § 1131.60.
( b ) The sum of: ( 1 ) The value at the uniform prices for skim milk and butterfat, adjusted for plant location, of the handler's receipts of producer milk; and
( 2 ) The value at the uniform price as adjusted pursuant to § 1131.75 applicable at the location of the plant from which received of other source milk for which a value is computed pursuant to § 1131.60(e).
914.502 Conditions for use. ( c ) Use of the two-step sealed bidding method shall be approved by the Head of the Contracting Activity. The contracting officer shall submit a written request for approval justifying its use in accordance with 48 CFR 14.502.
[50 FR 12184, Mar. 27, 1985, as amended at 76 FR 7692, Feb. 11, 2011]
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17
- 7506

SUNDARI K. PRASAD , Plaintiff

- Appellant ,

v. KARN ART, INC.; SEAN KARN, CEO; ATHENA KARN , Defendants

- Appellees

.

Appeal from the United States District Court for the Eastern District of Virginia , at Richmond

. M. Hannah Lauck , District Judge. ( 3:17

- cv
- 00062

- MHL

- RCY )

Submitted : February 22, 2018 Decided: February 27, 2018

Before TRAXLER and DUNCAN , Circuit Judges , and HAMILTON, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.
Sundari K. Prasad, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Sundari K. Prasad appeals the district court’s order dismissing as frivolous Prasad’s 42 U.S.C. § 1983 (2012) civil rights action because she failed to allege facts
establish ing that any of the named Defendants were acting under color of state law. * On appeal, we confine o ur review to the issues raised in the Appellant’s brief. See 4th Cir. R. 34(b). Prasad does not challenge the basis for the district court’s disposition in her informal brief. Thus, Prasad has forfeited appellate review of the court’s order. See
Willia ms v. Giant Food Inc. , 370 F.3d 423, 430 n.4 (4th Cir. 2004). Accordingly, we affirm the district court’s judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and
arg ument would not aid the decisional process.
AFFIRMED

* The district court dismissed this action after conducting frivolity review pursuant to 28 U.S.C. § 1915(e)(2) (2012).
**Exhibit 31.1**

**CERTIFICATION**

I, Ramon Chimelis, certify that:

1.

I have reviewed this Annual Report on Form 10-K of Big Sky Industries III, Inc.;

2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.

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

4.

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

(a)

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

(b)

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

(c)

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

5.

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

(a)

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

(b)

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

Date:  January 26, 2009

/s/ Ramon Chimelis

Ramon Chimelis

President (Principal Executive Officer)