alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ellen Wollman, Respondent, v Brian Berliner, Appellant.

[816 NYS2d 127]

In an action to recover damages for chiropractic malpractice, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Silverman, J.), dated June 8, 2005, as granted those branches of the plaintiffs motion which were, in effect, to vacate the dismissal of the action pursuant to CPLR 3216, to “restore” the action to active status, and to extend her time to file a note of issue.

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

Contrary to the defendant’s contention, the compliance conference order dated March 10, 2004, cannot be deemed a 90-day demand pursuant to CPLR 3216 since it gave the plaintiff only 89 days within which to file the note of issue *(see Delgado v New York City Hous. Auth.,*21 AD3d 522 [2005]; *Vasquez v Big Apple Constr. Corp.,*306 AD2d 465 [2003]; *Beepat v James,*303 AD2d 345 [2003]). Furthermore, the subsequent so-ordered stipulations between the parties which extended the plaintiffs deadline for filing a note of issue were also insufficient to constitute 90-day demands since they did not provide the required 90-day notice and failed to advise the plaintiff that the failure to comply with the demands would serve as the basis for a motion to dismiss the action *(see Delgado v New York City Hous. Auth., supra; O’Connell v City Wide Auto Leasing,*6 AD3d 682 [2004]; *Akpinar v John Hancock Mut. Life Ins. Co.,*302 AD2d 337 [2003]). Since the Supreme Court was not authorized to dismiss the action on its own motion pursuant to CPLR 3216 *(see Schwartz v Nathanson,*261 AD2d 527 [1999]), the action was properly restored to active status. Florio, J.P., Santucci, Mastro, Rivera and Covello, JJ., concur.
* Pursuant to 5 TH C IR . 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED June 22, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-50710 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JUAN PEDRO HIPOLITO-TREVINO, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 2:03-CR-851-1-WWJ

-------------------- Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM: * Juan Pedro Hipolito-Trevino (Hipolito) appeals the 41-month sentence he received after pleading guilty to one count of illegal reentry into the United States after having been deported. See 8 U.S.C. § 1326. Hipolito contends that his sentence violated due process and should have been limited to two years because his indictment failed to allege the prior drug-trafficking conviction. As heNo. 04-50710 -2- concedes, this contention is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224 (1998). Hipolito also contends that he is entitled to resentencing because the district court sentenced him under a mandatory application of the guidelines that has been prohibited by United States v. Booker , 125 S. Ct. 738, 756-57, 769 (2005). Because Hipolito did not raise this issue in the district court, we review for plain error. United States v. Valenzuela-Quevedo , 407 F.3d 728, 732 (5th Cir. 2005). Although there was an error under Booker , Hipolito fails to demonstrate that the district court would have imposed a different sentence under advisory guidelines. Id. at 733. He therefore fails to show that the error affected his substantial rights as is necessary under the plain-error standard. See id. ; United States v. Mares , 402 F.3d 511, 521-22 (5th Cir. 2005), petition for cert. filed (Mar. 31, 2005) (No. 04-9517). The judgment of the district court is AFFIRMED.
<PAGE>

                                                       Exhibit 21
                                
               List of Subsidiaries of Registrant
                                
                                  State or Other Jurisdiction
Name of Subsidiary                   of Incorporation

O'Brien Energy Services Company              Delaware
NRGG Parlin Supply Corporation               Delaware
NRGG Newark Supply Corporation               Delaware
NRG Generating (Newark) Cogeneration Inc.    Delaware
NRG Generating (Parlin) Cogeneration Inc.    Delaware
NRGG Schuylkill Cogeneration Inc.            Delaware
SDN Power, Inc.                              Delaware
NRGG (Asia), Inc.                            Delaware
Power Service Company                        Delaware
O'Brien (Philadelphia) Cogeneration, Inc.    Delaware
O'Brien Fuels, Inc.                          Delaware
O'Brien Mobile Power Rental Company          Delaware
O'Brien Power Equipment, Inc.                Texas
NRG Generating Ltd.                          United Kingdom
Puma Manufacturing Ltd.                      United Kingdom
Puma Export Finance, Ltd.                    United Kingdom
Puma Freight Forwarding Ltd.                 United Kingdom
Puma Far East Ltd.                           United Kingdom
Enercol Energy Systems, Ltd.                 United Kingdom
O'Brien Energy Europe                        United Kingdom

                               42
#### In the Matter of Raymond M. Thompson, Petitioner, v New York City Transit Authority, Respondent.

— Proceeding pursuant to CPLR article 78 to review a determination of. the respondent dated January 15, 1979 and made after a hearing, which found petitioner guilty of certain misconduct and dismissed him from his position as a railroad clerk. Petition granted to the extent that the determination is modified, on the law, by adding thereto a provision that petitioner is entitled to back pay for the period beginning 30 days after his suspension and ending on the date of his dismissal from service (excluding any delay occasioned by the petitioner), less any moneys received during that period as provided in subdivision 3 of section 75 of the Civil Service Law. As so modified, determination otherwise confirmed and proceeding dismissed on the merits, without costs or disbursements. On the record before us we hold that there was substantial evidence to support the findings that petitioner was guilty of certain misconduct. Under such circumstances we are compelled to confirm said findings (see *Matter of Pell v Board of Educ.,*34 NY2d 222). Moreover, in the light of petitioner’s prior disciplinary history, we see no basis for disturbing the imposed penalty of dismissal (see *Matter of La Rosa v Police Dept, of City of N. Y.,*55 AD2d 890; *Matter of Williams v New York City Tr. Auth.,*58 AD2d 585). Notwithstanding his dismissal, petitioner is entitled to back pay for the period of his suspension in excess of 30 days, excluding any delay occasioned by him, less any moneys received during that period as provided ■in subdivision 3 of section 75 of the Civil Service Law (see *Matter of Amkraut v Hults,*21 AD2d 260; *Matter of Coping v New York City Tr. Auth.,*57 AD2d 621). We have examined petitioner’s other points and find them to be without merit. Damiani, J. P., Gibbons, Rabin and Margett, JJ., concur.
EXHIBIT 32.1
  CERTIFICATION
    PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
    PURSUANT
 TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  Form 10-K
  (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.  Dated January 26, 2010

/s/  JEFFREY
    T. MEZGERJeffrey
    T. Mezger
    President and Chief Executive Officer
    (Principal Executive Officer)
Exhibit
      32.1




CERTIFICATION
      PURSUANT TO


18
      U.S.C.
      SECTION 1350,


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





Each
      of the undersigned hereby certifies, in his capacity as an officer of Sino
      Gas
      International Holdings, Inc. (the “Company”), for the purposes of 18 U.S.C.
      Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
      of
      2002, that to the best of his knowledge:





(1)
       The Quarterly Report of the Company on Form 10-Q Amendment No. 1 for the
      fiscal period ended March 31, 2008 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:
      June 18, 2008





/s/
                Yuchuan LiuYuchuan
                LiuChief
                Executive Officer/s/
                Yong ZhangYong
                ZhangChief
                Financial Officer





A
      signed
      original of this written statement required by Section 906 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.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Food and Drug Administration

          - [Docket No. FDA-2010-N-0180]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Notice.

# SUMMARY:

The Food and Drug Administration (FDA) is announcing that a collection of information entitled “Adoption of FDA Food Code by Local, State and Tribal Governments” has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

# FOR FURTHER INFORMATION CONTACT:

                        Denver Presley, Office of Information Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville, MD 20850, 301-796-3793,                         *Denver.Presley@FDA.HHS.GOV.*

# SUPPLEMENTARY INFORMATION:

                    In the                     **Federal Register**                     of June 24, 2010 (75 FR 36097), the agency announced that the proposed information collection had been submitted to OMB for review and clearance under 44 U.S.C. 3507. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has now approved the information collection and has assigned OMB control number 0910-0448. The approval expires on October 31, 2013. A copy of the supporting statement for this information collection is available on the Internet at                     *http://www.reginfo.gov/​public/​do/​PRAMain.*

Dated: November 19, 2010.

Leslie Kux,

Acting Assistant Commissioner for Policy.

[FR Doc. 2010-29688 Filed 11-24-10; 8:45 am]

BILLING CODE 4160-01-P
#### §§ 3550.12-3550.49 [Reserved]
<TABLE> <S> <C>
 
<ARTICLE> 5
<LEGEND> 
This schedule contains summary financial information extracted from the 
Statement of Financial Condition at October 31, 1997 (Audited) and the 
Statement of Income for the Year Ended October 31, 1997 (Audited).  It is 
qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                                    <C>                   
<PERIOD-TYPE>                          YEAR 
<FISCAL-YEAR-END>                      Oct-31-1997
<PERIOD-END>                           Oct-31-1997
<CASH>                                     0
<SECURITIES>                                     0
<RECEIVABLES>                              105,677
<ALLOWANCES>                                     0
<INVENTORY>                                202,019
<CURRENT-ASSETS>                           375,134
<PP&E>                                     152,113
<DEPRECIATION>                             124,123
<TOTAL-ASSETS>                             496,670
<CURRENT-LIABILITIES>                      363,189
<BONDS>                                          0
<COMMON>                                   281,001
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<OTHER-SE>                                       0
<TOTAL-LIABILITY-AND-EQUITY>               496,670
<SALES>                                    650,846
<TOTAL-REVENUES>                           650,846
<CGS>                                      259,336
<TOTAL-COSTS>                              514,638
<OTHER-EXPENSES>                            21,317
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                               0
<INCOME-PRETAX>                           (144,445)
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                              0
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                              (144,445)
<EPS-PRIMARY>                                 0.02 
<EPS-DILUTED>                                 0.02

</TABLE>
Exhibit 32.1 

**CERTIFICATION PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

I, Richard Moore, hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 

| 1.     | the quarterly report on Form 10-Q of Fox Petroleum Inc. for the period ended August 31, 2009 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Fox Petroleum Inc..                                          |

Dated: October 20, 2009 

|   | */s/ Richard Moore*                               |
|--------|---------------------------------------------------|
|   | Richard Moore                                     |
|   | President, Chief Executive Officer, Chairman, and |
|   | Director                                          |
|   | (Principal Executive Officer, Principal Financial |
|   | Officer, and Principal Accounting Officer)        |

 

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 required by Section 906, has been provided to Fox Petroleum Inc. and will be retained by Fox Petroleum Inc. and furnished to the Securities and Exchange Commission or its            staff upon request.
Case 4:97-cv-00085-WS-WCS Document 79 Filed 08/25/98 Page 1 of 2
Case 4:97-cv-00085-WS-WCS Document 79 Filed 08/25/98 Page 2 of 2
#### § 3418.6 Prohibition.

A recipient institution shall not require input from stakeholders as a condition of receiving the benefits of, or participating in, the agricultural research, education, or extension programs of the recipient institution.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THERMO
INSTRUMENT SYSTEMS INC.'S ANNUAL REPORT ON FORM 10-K FOR THE YEAR ENDED JANUARY
3, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-03-1998
<PERIOD-END>                               JAN-03-1998
<CASH>                                         468,848
<SECURITIES>                                     8,328
<RECEIVABLES>                                  386,861
<ALLOWANCES>                                    22,786
<INVENTORY>                                    264,719
<CURRENT-ASSETS>                             1,189,368
<PP&E>                                         317,605
<DEPRECIATION>                                  97,666
<TOTAL-ASSETS>                               2,351,153
<CURRENT-LIABILITIES>                          576,702
<BONDS>                                        364,194
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,265
<OTHER-SE>                                     865,293
<TOTAL-LIABILITY-AND-EQUITY>                 2,351,153
<SALES>                                      1,592,314
<TOTAL-REVENUES>                             1,592,314
<CGS>                                          842,009
<TOTAL-COSTS>                                  842,009
<OTHER-EXPENSES>                               106,356
<LOSS-PROVISION>                                 4,366
<INTEREST-EXPENSE>                              45,894
<INCOME-PRETAX>                                248,017
<INCOME-TAX>                                    88,113
<INCOME-CONTINUING>                            147,258
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   147,258
<EPS-PRIMARY>                                     1.21
<EPS-DILUTED>                                     1.09
        


</TABLE>
§ 3201.39 Floor strippers. ( a ) *Definition.* Products that are formulated to loosen waxes, resins, or varnishes from floor surfaces. They can be in either liquid or gel form, and may also be used with or without mechanical assistance.
( b ) *Minimum biobased content.* The preferred procurement product must have a minimum biobased content of at least 78 percent, which shall be based on the amount of qualifying biobased carbon in the product as a percent of the weight (mass) of the total organic carbon in the finished product.
( c ) *Preference compliance date.* No later than May 14, 2009, procuring agencies, in accordance with this part, will give a procurement preference for qualifying biobased floor strippers. By that date, Federal agencies that have the responsibility for drafting or reviewing specifications for items to be procured shall ensure that the relevant specifications require the use of biobased floor strippers.
[73 FR 27994, May 14, 2008]
#### § 2901.8 Judicial review.

Any person aggrieved or adversely affected by a final agency action taken on a request for an adjustment under this section may obtain judicial review in accordance with section 506 of the Natural Gas Policy Act of 1978.
## 4 

# ffi I nve

nto ry Ex p e rtS e rvice
A division of the American Chemical Society

October 21,2013 Baze Chemical

Company ATTN: Mr. David

C. Madoux 15A2 Fort Worth Street Liberty, TX77575
Dear Mr. Madoux: Thank you for yourInventory

Expert Service (lES) order of October

10, 2013. The processing

results are attached. To ensure

efficient processing

of your substance(s),

it is important

that these results are included with your PMN report

for whenreporting

to the EPA. An invoice

will be issued

for the cost of the technical

processing

foryourorder. Thank youfor the opportunity

to provide

thisservice.lf you have any questions,

please do not hesitate to contacJ

me. Sincerely, Jennifer Moore CASClient

Services Enclosure(s) Phone : 80&63 1 -1 884, 61 4-447 -387 O Fax: 61 4-447-3747 E-mail: answers@cas.org Web : www.cas.

org/products/other-cas-products/client-services/

CAS . 2540

Olentangy

RiverRoad . P.O.

Box 3343 . Columbus, OH 4.i1210-0334 . USA

# I nve

nto ry Ex p e rtS e rvice
A division

of the American Chemical Society Phone: 800-631 -1 884, 614-447-3870 Fax:614-447-3747 E-mail : answers@cas.org Web: www.cas.org/products/other-cas-products/client-services/



## INVENTORY

EXPERT SERVICE

REPORT

IES Order Number: 363902 Registry Number : !4597 3B-7O-5 CA Index Name: 1., G-Hexanediamine, N L - ( 6-aminohe:ryl) -, polymer with 2- (chloromethyl) oxirane, N-(dithiocarboxy) derivs., sodium salts

Please print the above

CA Index

Name on the appropriate

page of your PMN.

lf this box is checked, CAS has made correction(s) marked in red to your IES order. Please make the same corrections to your PMN before submitting it to the EPA.

CAS , 2540

Olentangy

River Road . P.O.

Box3343 Cof

umbus, OH 43210-0334 USA
§ 3550.204 Payment assistance. Borrowers who are eligible may be offered payment assistance in accordance with subpart B of this part. Borrowers who are not eligible for payment assistance because the loan was approved before August 1, 1968, or the loan was made on above-moderate or nonprogram (NP) terms, may refinance the loan in order to obtain payment assistance if: ( a ) The borrower is eligible to receive a loan with payment assistance;
( b ) Due to circumstances beyond the borrower's control, the borrower is in danger of losing the property; and
( c ) The property is program-eligible.
II 

109TH CONGRESS 

2D SESSION S. 2301 

To suspend temporarily the duty on synthetic quartz or synthetic fused 

silica. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2006 

Mr. SCHUMER (for himself and Mrs. CLINTON) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on synthetic quartz or 

synthetic fused silica. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TEMPORARY SUSPENSION OF DUTY ON SUB4 STRATES OF SYNTHETIC QUARTZ OR SYN5 THETIC FUSED SILICA. 

6 (a) IN GENERAL.—Subchapter II of chapter 99 of 

7 the Harmonized Tariff Schedule of the United States is 

8 amended by striking heading 9902.70.06 and inserting the 

9 following: 


rwilkins on PROD1PC63 with BILLS
2 

•S 2301 IS

‘‘ 9902.70.06 Substrates of synthetic 

quartz or synthetic fused 

silica imported in bulk or in 

forms or packages for retail 

sale (provided for in subheading 7006.00.40) ............ Free No change No change On or before 

12/31/2008 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of enactment of this Act. 

Æ 


rwilkins on PROD1PC63 with BILLS
###### Editorial Note on Part 3406

#### Editorial Note:

Nomenclature changes to part 3406 appear at 76 FR 4809, Jan. 27, 2011.

#### § 3406.22 When and where to submit a proposal.

The program announcement will provide the deadline date for submitting a proposal, the number of copies of each proposal that must be submitted, and the address to which proposals must be submitted.