alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Giovana Tanzi, Appellant, v Town of Brookhaven et al., Respondents.

[775 NYS2d 592]

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Catterson, J.), dated November 6, 2003, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject motor vehicle accident *(see Toure v Avis Rent A Car Sys.,*98 NY2d 345 [2002]; *Gaddy v Eyler,*79 NY2d 955 [1992]). The affidavit of the plaintiffs chiropractor submitted in opposition to the defendant’s motion failed to establish the existence of a triable issue of fact *(see Jimenez v Kambli,*272 AD2d 581 [2000]; *Guzman v Michael Mgt.,*266 AD2d 508 [1999]; *Smith v Askew,*264 AD2d 834 [1999]; *Carroll v Jennings,*264 AD2d 494 [1999]; *Kauderer v Penta,*261 AD2d 365 [1999]; *Barrett v Howland, 202*AD2d 383 [1994]; *LeBrun v Joyner,*195 AD2d 502 [1993]).

The plaintiff’s statement that she was unable to return to work for one year following the accident was not supported by any competent medical evidence supporting her claim that she *514was unable to perform substantially all of her daily activities for not less than 90 of the first 180 days as a result of the subject accident *(see Sainte-Aime v Ho,*274 AD2d 569 [2000]; *Jackson v New York City Tr. Auth.,*273 AD2d 200 [2000]; *Greene v Miranda,*272 AD2d 441 [2000]; *Arshad v Gomer,*268 AD2d 450 [2000]; *Bennett v Reed,*263 AD2d 800 [1999]; *DiNunzio v County of Suffolk,*256 AD2d 498, 499 [1998]).

Accordingly, the defendants were entitled to summary judgment dismissing the complaint. Altman, J.P., Krausman, Goldstein and Mastro, JJ., concur.
903.405 Misrepresentations or violations of the Covenant Against Contingent Fees. ( b ) Before the Chief of the Contracting Office initiates appropriate action, the action shall be reviewed by Legal Counsel.
[76 FR 7690, Feb. 11, 2011]
1.
    
    I have reviewed this annual report on Form 20-F of Grupo Aeroportuario, S.A.B. de C.V.;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 company as of, and for, the periods presented
in this report;4.
    
    The company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)) and internal control over financial reporting (as defined in Exchange Act
Rules 13a-15(f) and 15d-15(f)) for the company and have:
     5.
    
    The companys other certifying officer(s) and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the companys auditors
and the audit committee of the companys board of directors (or persons performing the
equivalent functions):
    /s/ Fernando Chico PardoFernando Chico PardoChief Executive Officer
##### 



Exhibit 31-4 CERTIFICATION PURSUANT
TO RULE 13a-14(a) AND 15d-14(a) OF THE SECURITIES AND EXCHANGE ACT OF 1934 I, John L. Skolds, certify that:  1.
    
    I have reviewed this quarterly report on Form 10-Q of Commonwealth Edison Company;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 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
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 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: July 26, 2005
    
    /s/ John L. SkoldsPresident, Exelon Energy Delivery(Principal Executive Officer)
 4
#### Russell C. Clark, Jr, Appellant, v New York City Housing Authority et al., Respondents.

[777 NYS2d 450]

Order, Supreme Court, Bronx County (Stanley Green, J.), entered February 5, 2003, which granted defendants’ motion and cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

We affirm the grant of summary judgment dismissing the complaint on the ground that the record establishes that neither defendant received actual or constructive notice of the elevator door malfunction that led to plaintiff’s injury. With regard to defendant elevator maintenance contractor (Start), the deposition testimony of Start’s employee establishes that Start, whose contract to maintain the subject elevator began only one day prior to the accident, did not receive notice of the subject defect before the accident occurred, and the record contains no evidence to the contrary. With regard to defendant New York City Housing Authority (NYCHA), the evidence submitted by NYCHA was, contrary to the motion court’s view, sufficient to establish that NYCHA had neither actual nor constructive notice of the door malfunction prior to the accident *(see De Sanctis v Montgomery El. Co.,*304 AD2d 936, 936-937 [2003]; *Tashjian v Strong & Assoc.,*225 AD2d 907, 908-909 [1996]). While plaintiff and his father allege that prior complaints were made to NYCHA personnel concerning the malfunctioning doors, such allegations are too conclusory to raise a triable issue of fact *(see Carlos v New Rochelle Mun. Hous. Auth.,*262 AD2d 515, 516 [1999]). Finally, the affidavit of plaintiffs elevator repair expert failed to raise a triable issue as to whether the repairs that were made to the elevator a few *441days prior to the accident were related to the malfunction that caused plaintiff’s injuries *(see Nivens v New York City Hous. Auth.,*246 AD2d 520, 521 [1998], *lv denied*92 NY2d 805 [1998]).

In view of the foregoing, we need not reach plaintiffs remaining arguments. Concur—Mazzarelli, J.P., Saxe, Friedman, Marlow and Gonzalez, JJ.
9.501 Definition. *Marketing consultant,* as used in this subpart, means any independent contractor who furnishes advice, information, direction, or assistance to an offeror or any other contractor in support of the preparation or submission of an offer for a Government contract by that offeror. An independent contractor is not a marketing consultant when rendering— ( 1 ) Services excluded in subpart 37.2;
( 2 ) Routine engineering and technical services (such as installation, operation, or maintenance of systems, equipment, software, components, or facilities);
( 3 ) Routine legal, actuarial, auditing, and accounting services; and
( 4 ) Training services.
[55 FR 42685, Oct. 22, 1990, as amended at 66 FR 2128, Jan. 10, 2001]
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Squaw Pea k

Rd

Moenkopi - El Dorado 500kV

Mead-Liberty 345kV

Mead-Phoenix 500kV

Project Site

Second

Expansion

Area

Project Site

First

Expansion

Area

Eliminated 

Project

Site

Project Area

Pierce Ferry Rd

Temple 

Bar Rd

White Hills Rd

Temple Bar Rd

Temple Bar Back Rd

Lake

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¥¦17

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¥¦10

¥¦19

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Phoenix

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Tucson

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Kingman LEGEND

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First Expansion Area

Second Expansion Area

Eliminated Project Site

Road

! ! Existing Transmission Line

Lake

Township and Range Boundary

Surface Management

Bureau of Land Management

National Park Service

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Project Area

Mohave County

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EXHIBIT 32.1





CERTIFICATION
PURSUANT TO


18 U.S.C.
§1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Annual Report on Form 10-K of Vermont Pure Holdings, Ltd.
(the “Company”) for the year ended October 31, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), the
undersigned Chief Executive Officer of the Company, certifies, to the best
knowledge and belief of the signatory, pursuant to 18 U.S.C. §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/
      Peter
      K. BakerPeter
      K. BakerChief
      Executive Officer


Date:
January 25, 2010
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markm an Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra

, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

_________________________________________ Clerk June 25, 2012

p0618 

# Order

June 25, 2012

144572

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 144572

COA: 297224

Berrien CC: 2009

- 016004

- FC

LON L. HAMPTON,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the December 20, 2011

judgment of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the questions presented should be reviewed by this Court.
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## Breadcrumb

            -  Announcements 
            -           Training: Resilience Strategies for Institutions of Higher Education: Techniques for Self-Care and Compassion Fatigue Prevention      

# Training: Resilience Strategies for Institutions of Higher Education: Techniques for Self-Care and Compassion Fatigue Prevention

This training (PDF, 2 pages) presents approaches to resilience for faculty, staff, and administrators at institutions of higher education (IHEs) before, during, or after an emergency event. The training shares information on compassion fatigue, including occupational burnout, the unique aspects of IHE campus culture and climate, the relationship between trauma and resilience when crises occur, the development of a self-care plan, and Psychological First Aid. 

Participants will learn resilience strategies to increase their ability to work effectively with their peers, students, faculty, and staff impacted by stress, loss, and trauma brought on by emergency events. To request the free training, IHEs must complete and submit the Training by Request Host Site Application. **Learn more and apply** (PDF, 2 pages).
750.7107 Limitations upon exercise of authority. ( a ) Executive Order 11223 does not provide authority for: ( 1 ) The award of a cost-plus-a-percentage-of-cost contract;
( 2 ) The payment of profit or fees in excess of applicable limitations; or
( 3 ) The waiver of any requirement to post a bid, payment, performance, or other bond required by law.
( b ) ( 1 ) Executive Order 11223 does not authorize the issuance of a modification, unless: ( i ) With respect to cases falling within Section 4 of Executive Order 11223, the approving authority determines that the action is necessary to protect the foreign policy interests of the United States; and
( ii ) No other legal authority authorizes issuance of such modification.
( 2 ) A modification under paragraph (b)(1) of this section must be within the limits of the amounts appropriated and the statutory contract authorization as referenced in FAR 50.102-3.
( c ) No contract shall be modified unless the contractor submits a request prior to all obligations (including final payment) under the contract having been discharged.
( d ) An informal commitment must not be formalized unless: ( 1 ) The contractor submits a written request for payment within six months after furnishing, or arranging to furnish, supplies or services in reliance upon the commitment;
( 2 ) USAID has received the services satisfactorily performed, or has accepted property furnished in reliance on the commitment;
( 3 ) The USAID employee alleged to have made the informal commitment has affirmatively acknowledged responsibility for making the informal commitment in question; and
( 4 ) USAID has taken appropriate action to prevent recurrence.
[89 FR 4207, Jan. 23, 2024]
* Pursuant to 5TH CIR. R. 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 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

March 20, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-30486

Summary Calendar

JIM F. BLACKWELL,

Plaintiff-Appellant,

versus

OVERTON BROOKS MEDICAL CENTER; ADETOKUNBO DESILU;

GEORGE M. MOORE, JR.; STAFF OF VETERANS ADMINISTRATION

MEDICAL CENTER; KAREN MUNN; DALE E. ROBINSON; 

BILL CALLAHAN,

Defendants-Appellees.

--------------------

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 5:05-CV-415

--------------------

Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Jim F. Blackwell appeals the dismissal of his complaint filed

pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of

Narcotics, 403 U.S. 388 (1971). The district court noted that the

instant complaint was the sixth complaint Blackwell has filed in

relation to claims that the defendants have refused to provide him

with his preferred narcotic medication, Oxycontin. The district

court dismissed the complaint as frivolous.
No. 05-30486

-2-

Blackwell’s appellate brief is largely conclusional and

asserts that the district court failed to consider the merits of

his complaint. After reviewing the briefs and the record, we

conclude that the district court did not abuse its discretion. See

Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997); 28 U.S.C.

§ 1915(e)(2)(B)(i). This appeal is without arguable merit and is

dismissed as frivolous. See Howard v. King, 707 F.2d 215, 219-20

(5th Cir. 1983); 5TH CIR. R. 42.2.

APPEAL DISMISSED.
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