alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Miguel Martinez, Appellant, v Muriel Dushko, Respondent. Adrian Padro et al., Nonparty Respondents.

[775 NYS2d 907]

In an action, inter alia, to impose a constructive trust on certain real property, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Leviss, J.H.O.), dated January 28, 2003, which, after a nonjury trial, inter alia, in effect, dismissed the complaint, and imposed a constructive trust in favor of the nonparties Adrian Padro, Michael Anthony Padro, and Sabrina Marie Padro.

Ordered that the judgment is modified, on the law, the facts, and as an exercise of discretion, by deleting the first through seventh decretal paragraphs thereof, inter alia, imposing a constructive trust in favor of the nonparties Adrian Padro, Michael Anthony Padro, and Sabrina Marie Padro; as so modified, the judgment is affirmed, without costs or disbursements.

*585A court’s determination after a nonjury trial should be upheld if it is based on a fair interpretation of the evidence *(see Vizzari v Hernandez,*1 AD3d 431 [2003]; *Southampton Commons Homeowners Assn. v Southampton Assoc.,*268 AD2d 580 [2000]; *Larkfield Landscapers v Cron,*204 AD2d 407 [1994]). Here, the trial court, which found that the plaintiff failed to establish, inter alia, the existence of a confidential or fiduciary relationship *(cf. Ellner v Pope,*285 AD2d 624 [2001]), or a promise to transfer title to the subject property *(cf. Matter of Steibel,*227 AD2d 408 [1996]), determined that he was not entitled to the imposition of a constructive trust in his favor *(see generally Sharp v Kosmalski,*40 NY2d 119 [1976]). Since this determination was based on a fair interpretation of the evidence, the complaint was properly dismissed.

However, the trial court improperly proceeded to impose a constructive trust in favor of the nonparties, as this relief was never requested *(see Alexander Ave. Kosher Rest. Corp. v Dragoon,*306 AD2d 298 [2003]; *Tuma v Galgano,*303 AD2d 675 [2003]; *Harrington v McManus,*303 AD2d 368 [2003]; *Matter of McAteer v Condon,*296 AD2d 412 [2002]; *Matter of Irons v Schneller,*258 AD2d 652 [1999]). Krausman, J.P., Adams, Cozier and Rivera, JJ., concur.
9905.502-50 Techniques for application. ( a ) The Fundamental Requirement is stated in terms of cost incurred and is equally applicable to estimates of costs to be incurred as used in contract proposals.
( b ) The Disclosure Statement to be submitted by the educational institution will require that the institution set forth its cost accounting practices with regard to the distinction between direct and indirect costs. In addition, for those types of cost which are sometimes accounted for as direct and sometimes accounted for as indirect, the educational institution will set forth in its Disclosure Statement the specific criteria and circumstances for making such distinctions. In essence, the Disclosure Statement submitted by the educational institution, by distinguishing between direct and indirect costs, and by describing the criteria and circumstances for allocating those items which are sometimes direct and sometimes indirect, will be determinative as to whether or not costs are incurred for the same purpose. Disclosure Statement as used herein refers to the statement required to be submitted by educational institutions as a condition of contracting as set forth in subpart 9903.2.
( c ) In the event that an educational institution has not submitted a Disclosure Statement, the determination of whether specific costs are directly allocable to contracts shall be based upon the educational institution's cost accounting practices used at the time of contract proposal.
( d ) Whenever costs which serve the same purpose cannot equitably be indirectly allocated to one or more final cost objectives in accordance with the educational institution's disclosed accounting practices, the educational institution may either use a method for reassigning all such costs which would provide an equitable distribution to all final cost objectives, or directly assign all such costs to final cost objectives with which they are specifically identified. In the event the educational institution decides to make a change for either purpose, the Disclosure Statement shall be amended to reflect the revised accounting practices involved.
( e ) Any direct cost of minor dollar amount may be treated as an indirect cost for reasons of practicality where the accounting treatment for such cost is consistently applied to all final cost objectives, provided that such treatment produces results which are substantially the same as the results which would have been obtained if such cost had been treated as a direct cost.
|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 the Quarterly Report of Central Vermont Public Service Corporation (the "Company") on Form 10-Q for the period ending March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I Jean H. Gibson, 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 results of operations of the Company.

/s/ Jean H. Gibson
Jean H. Gibson
Chief Financial Officer
May 10, 2005

A signed original of this written statement required by Section 906 has been provided to Central Vermont Public Service Corporation ("CVPS") and will be retained by CVPS and furnished to the Securities and Exchange Commission or its staff upon request.
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
August 8, 2016

Mr. Jason Boucher Simple Computers 101 428 Evangeline Street
Madawaska

, ME 04756

Re: FAA

– 2016

– 3214

Dear Mr. Boucher :

This letter is to provide notification that we have reviewed your petition for exemption, and have determined that we will continue to process your petition.

As referenced in the June 22, 2016, letter posted to your docket at www.regulations.gov

, we are reviewing pending Section 333 petitions to determine if the recently

- issued regulation, Operation and Certification of Small Unmanned Aircraft Systems, Title 14, Code of Federal Regulations, Part 107 ( www.faa.gov/uas ) will satisfy your request

. We have determined that

y our request requires further regulatory relief (Tier 3), and we will continue working on your petition for exemption

.

We have found that your petition, if granted, would set a precedent. Therefore, we will publish a summary of your petition in the Federal Register for public comments , if we have not done so already.

We will advise you of the agency’s final decision on your petition as soon as possible. If you have any questions regarding your petition, please contact me at 333exemptions@faa.gov

.

Sincerely,

/s/
Brenda Robeson Program A nalyst
#### Fred Friedfeld, as Administrator of the Estate of Essie Friedfeld, Deceased, Respondent, et al., Plaintiff, v. Chemical Corn Exchange Bank, Appellant.

In a negligence action to recover damages for personal injury, the defendant appeals from a judgment of the Supreme Court, Queens County, entered February 25, 1964 after trial upon a jury’s verdict in favor of the plaintiff administrator. The plaintiff’s intestate died before the trial; and during trial, her husband’s cause of action for loss'of services was discontinued. Judgment reversed on the law and the facts, without costs, and complaint dismissed on the law, without costs. In our opinion, the plaintiff failed to establish that the defendant had not exercised reasonable care in the maintenance of the premises under the weather conditions prevailing at the time of the accident (cf. *Spaulding*v. *Christakos,*269 App. Div. 909, affd. 295 N. Y. 973; *Miller*v. *Gimbel Bros.,*262 N. Y. 107; *Antenen*v. *New York Tel. Co.,*271 N. Y. 558; *Boccaccino*v. *Our Lady of Pity Roman Catholic Church,*18 A D 2d 1055; *Vaglio*v. *Our Lady of Mount Carmel R. C. Church,*22 A D 2d 815). Beldock, P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

Featured Grant OpportunityShare with Youth: NOAA Student Opportunities Database

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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)

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

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## Breadcrumb

            -           Rural Education Resource Center      

# Rural Education Resource Center

The Rural Education Resource Center is designed to disseminate information regarding research and practice to stakeholders on a wide range of topics of particular importance to schools and communities in rural America and to bring renewed attention to the problems and issues of students in rural schools.

http://www.ed.gov/rural-education
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1212 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 1212

 To amend the Controlled Substances Act to provide for punishment for 
 the knowing distribution of fentanyl, if death results, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2023

  Mr. Gosar introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To amend the Controlled Substances Act to provide for punishment for 
 the knowing distribution of fentanyl, if death results, 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 ``Death Penalty for Dealing Fentanyl 
Act of 2023''.

SEC. 2. KNOWING DISTRIBUTION OF FENTANYL WHERE DEATH RESULTS.

    Part D of the Controlled Substances Act is amended by adding at the 
end the following:

``SEC. 424. KNOWING DISTRIBUTION OF FENTANYL WHERE DEATH RESULTS.

    ``Any person who knowingly violates section 401(a)(1) or section 
416 by distributing, possessing with intent to distribute, or 
manufacturing fentanyl shall, if death results, be punished--
            ``(1) by death or imprisonment for any term of years or for 
        life; and
            ``(2) by a fine under title 18, United States Code.''.
                                 <all>
```
EXHIBIT 10.1


 





AMENDMENT NO. 1 to


LINE OF CREDIT PROMISSORY NOTE


 


 


 


This Amendment No. 1 to the Line of Credit Promissory Note dated
March 6, 2017 (“Note”) is made on June 6, 2017, by and between Payment Data Systems, Inc., 12500 San Pedro,
Ste. 120, San Antonio, TX 78216, and Singular Payments, LLC, 5203 Maryland Way, Suite 102, Brentwood, TN 37027.


 


By way of this Amendment No. 1 to the Note, the undersigned parties
hereby mutually extend the Interest Start Date from May 31, 2017 to the earlier of August 1, 2017, the date of the closing and
funding of the Proposed Transaction (as defined in the Note), the termination of the Letter of Intent (as defined in the Note),
or such extended date if Lender and Borrower mutually agree in writing (the “Extended Interest Start Date”).
All remaining terms and conditions of the Note shall remain in effect.


 


 





	 	 	PAYMENT DATA SYSTEMS, INC.
	 	 	 
	 	 	/s/ Louis Hoch
	 	 	By: Louis Hoch
	 	 	President and CEO
	 	 	 
	 	 	 
	 	 	Singular Payments, LLC
	 	 	 
	 	 	/s/ Vaden Landers
	 	 	By: Vaden Landers
	 	 	Manager
§ 1200.206 Execution of the order. ( a ) *Issuance of the order.* The Administrator shall, if the Administrator finds that it will tend to effectuate the purposes of the Act, issue the final order.
( b ) *Effective date of order.* No order shall become effective in less than 30 days after its publication in the Federal Register, unless the Administrator, upon good cause found and published with the order, fixes an earlier effective date.
( c ) *Notice of issuance.* After the Administrator issues the order, AMS will publish notice of the order's issuance in the Federal Register.
#### § 1200.11 Certification of the transcript.

The judge shall notify the hearing clerk of the close of a hearing as soon as possible thereafter and of the time for filing written arguments, briefs, proposed findings, and proposed conclusions and shall furnish the hearing clerk with such other information as may be necessary. As soon as possible after the hearing, the judge shall transmit to the hearing clerk an original and three copies of the transcript of the testimony and the original and all copies of the exhibits not already on file in the office of the hearing clerk. The judge shall attach to the original transcript of the testimony a certificate stating that, to the best of the judge's knowledge and belief, the transcript is a true transcript of the testimony given at the hearing, except in such particulars as the judge shall specify, and that the exhibits transmitted are all the exhibits as introduced at the hearing with such exceptions as the judge shall specify. A copy of such certificate shall be attached to each of the copies of the transcript of testimony. In accordance with such certificate the hearing clerk shall note upon the official record copy, and cause to be noted on other copies of the transcript, each correction detailed therein by adding or crossing out (but without obscuring the text as originally transcribed) at the appropriate place any words necessary to make the same conform to the correct meaning, as certified by the judge. The hearing clerk shall obtain and file certifications to the effect that such corrections have been effectuated in copies other than the official record copy.
Exhibit 32-6

Certificate Pursuant to Section 1350 of Chapter 63 of Title 18 United States Code

The undersigned officer hereby certifies, as to the quarterly report on Form 10-Q of Commonwealth Edison Company for the quarterly period ended September 30, 2007, that (i) the report fully complies
with the requirements of section 13(a) or 15(d) 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
Commonwealth Edison Company.



/s/    Robert K. McDonaldRobert K. McDonaldSenior Vice President, Chief Financial Officer, Treasurer and Chief Risk Officer


Date: October 26, 2007



194
**Exhibit 32.1**

**Certification ofChief Executive Officer and Chief Financial Officer**

**Pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002(18 U.S.C. Section 1350)**

The undersigned,the Chief Executive Officer, Chief Financial Officer and Chief AccountingOfficer of TransMontaigne GP L.L.C., a Delaware limited liability companyand general partner of TransMontaigne Partners L.P. (the “Company”), herebycertifies that, to his knowledge on the date hereof:

(a)          the Quarterly Report on Form 10-Qof the Company for the fiscal quarter ended September 30, 2006, filed onthe date hereof with the Securities and Exchange Commission (the “Report”)fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

(b)         theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

|        |     | /s/ RANDALL J. LARSON                                                            |
|--------|----------|----------------------------------------------------------------------------------|
|   |     | Randall J. Larson                                                                |
|   | * * | *Chief Executive Officer, Chief Financial Officer  and Chief Accounting Officer* |
|   |     | November 8, 2006                                                            |

 

----
#### § 1205.328 Alternate members.

An alternate member of the Board, during the absence of the member for whom the person is the alternate, shall act in the place and stead of such member and perform such other duties as assigned. In the event of death, removal, resignation or disqualification of a member, the alternate for the member shall act for the member until a successor for such member is selected and qualified. In the event that both a producer member of the Board and the member's alternate are unable to attend a meeting, the Board may designate any other alternate member from the same cotton-producing state or region to serve in such member's place and stead of such meeting. In the event that both an importer member and the member's alternate are unable to attend a meeting, the Board may designate any other importer alternate member to serve in such member's place and stead at such meeting.

[56 FR 64473, Dec. 10, 1991]
#### § 1051.76 Payments by a handler operating a partially regulated distributing plant.

See § 1000.76.
Motion Granted; Dismissed and Memorandum Opinion filed September 26, 2013.

In The

Fourteenth Court of Appeals

NO. 14-12-00469-CR

ANDREW SCOTT PARKE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 1202736

M E M O R A N D U M O P I N I O N

A written request to withdraw the notice of appeal, personally signed by appellant, 

has been filed with this court. See Tex. R. App. P. 42.2. Because this court has not 

delivered an opinion, we grant appellant’s request.

Accordingly, we order the appeal dismissed. We direct the clerk of the court to 

issue the mandate of the court immediately.

PER CURIAM

Panel consists of Justices Frost, McCally, and Busby.

Do Not Publish — Tex. R. App. P. 47.2(b).
#### George T. Piercy, Appellant, v Citibank, N. A., Formerly First National City Bank, Respondent.

— Judgment, Supreme Court, New York County, entered on July 6, 1978, affirmed on the opinion of H. Schwartz, J., at Special Term. Respondent shall recover of appellant $75 costs and disbursements of this appeal. Concur — Lane, Markewich and Silverman, JJ.

Kupferman, J. P., and Sandler, J.,

dissent in part in the following memorandum by Kupferman, J. P.: I dissent with respect to the third cause of action sounding in negligence and would deny the motion to dismiss the amended complaint with respect thereto. Inasmuch as the agreement involved was prepared by the defendant, it must be strictly construed against it. The absolution therein provided with respect to action or failure to take action has to do with the investments made or not made, but cannot be used to avoid liability with respect to the contention that there was no or little supervision. Mistakes of judgment are released, but failure even to exercise judgment does not come within such release.
#### 9904.416-20 Purpose.

The purpose of this standard is to provide criteria for the measurement of insurance costs, the assignment of such costs to cost accounting periods, and their allocation to cost objectives. The application of these criteria should increase the probability that insurance costs are allocated to cost objectives in a uniform and consistent manner.
#### § 1032.6 Supply plant.

See § 1000.6.
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 the Quarterly Report of Edgen Corporation (the
Company) on Form 10-Q for the fiscal quarter ended June 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, David L. Laxton, III, Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C.§1350, as adopted pursuant to §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 result of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------

August 14, 2006



|    |  |                                             
|--- |  | --------------------------------------------
|By: |  | /s/ DAVID L. LAXTON, III                    
|    |  | David L. Laxton, III Chief Financial
Officer