alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: June 23, 2016 521620 

________________________________

In the Matter of the Claim of 

DANIEL O'BRIEN, 

Appellant, 

v

THE CAREY CENTER FOR GLOBAL MEMORANDUM AND ORDER

 GOOD et al.,

Respondents.

WORKERS' COMPENSATION BOARD, 

Respondent.

________________________________

Calendar Date: June 2, 2016

Before: McCarthy, J.P., Garry, Lynch, Devine and Aarons, JJ.

__________

Martin Harding & Mazzotti, LLP, Albany (Crystle A. Watts of

counsel), for appellant.

Stockton Barker & Mead, LLP, Troy (John B. Paniccia of

counsel), for The Carey Center for Global Good and another,

respondents.

__________

Lynch, J.

Appeal from a decision of the Workers' Compensation Board,

filed January 22, 2015, which, among other things, denied

claimant's request to amend his claim to include postconcussion

syndrome. 

Following a work-related accident wherein claimant slipped

and fell on ice, claimant established a workers' compensation

claim for injuries to his head, back and neck. Based upon
-2- 521620 

claimant's protracted recovery and continued medical treatment,

claimant sought to amend his claim to include, among other

things, a concussion and postconcussion syndrome. By decision

dated March 13, 2014, a Workers' Compensation Law Judge

(hereinafter WCLJ) credited the medical reports and testimony of

Patrick Hughes, a neurologist, finding, as is relevant to this

appeal, no postconcussion syndrome. The WCLJ amended the claim

to include a mild concussion and found that claimant exhibits a

moderate 50% partial disability, but denied any further relief. 

Upon review of the record, the Workers' Compensation Board

affirmed the WCLJ's decision and this appeal by claimant ensued.

We must reverse. "The resolution of conflicting medical

evidence lies within the province of the Board, but the opinions

relied upon must themselves constitute substantial evidence to

support the Board's decision" (Matter of Dingman v Town of Lake

Luzerne, 94 AD3d 1287, 1287-1288 [2012] [citations omitted]). 

Here, the Board relied on medical reports and testimony of Hughes

wherein he opined that claimant did not suffer from

postconcussion syndrome. Nevertheless, Hughes submitted an

addendum report that states that claimant "sustained a mild head

injury followed by a post concussion syndrome causally related to

his work injury." As there is an inherent contradiction in the

medical reports submitted by Hughes, they cannot constitute

substantial evidence to support the Board's decision (see id.;

Matter of Waldheim v Hudson Sheet Metal, Inc., 78 AD3d 1335, 1336

[2010]). 

McCarthy, J.P., Garry, Devine and Aarons, JJ., concur.
-3- 521620 

ORDERED that the decision is reversed, without costs, and

matter remitted to the Workers' Compensation Board for further

proceedings not inconsistent with this Court's decision.

ENTER:

Robert D. Mayberger

Clerk of the Court
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.                  

###### Small Business Administration

# ACTION:

Notice and request for comments.

# SUMMARY:

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Small Business Administration's intentions to request approval on a new and/or currently approved information collection.

# DATES:

Submit comments on or before January 28, 2011.

# ADDRESSES:

Send all comments regarding whether this information collection is necessary for the proper performance of the function of the agency, whether the burden estimates are accurate, and if there are ways to minimize the estimated burden and enhance the quality of the collection, to Dean Koppel, Assistant Administrator, Office of Policy and Research, Small Business Administration, 409 3rd Street, 6th Floor, Washington, DC 20416.

# FOR FURTHER INFORMATION CONTACT:

                        Dean Koppel, Assistant Administrator, Office of Policy and Research, 202-205-7332,                         *dean.koppel@sba.gov*                         Curtis B. Rich, Management Analyst, 202-205-7030                         *curtis.rich@sba.gov.*

# SUPPLEMENTARY INFORMATION:

A small business determined to be non responsible for award of a specific prime Government contract by a Government contracting office has the right to appeal that decision through the Small Business Administration (SBA). The information contained on this form, as well as, other information developed by SBA, is used in the evaluation process.

*Title:*                     “SBA Application for Certificate of Competency.”                

*Description of Respondents:*                     Prime Government Contractors.                

*Form Number:*                     1531.                

*Annual Responses:*                     275.                

*Annual Burden:*                     2,200.                

Jacqueline White,

Chief, Administrative Information Branch.

[FR Doc. 2010-29946 Filed 11-26-10; 8:45 am]

BILLING CODE 8025-01-P
`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2376 Reported in Senate (RS)]







                                                       Calendar No. 480
109th CONGRESS
  2d Session
                                S. 2376

 To designate the facility of the United States Postal Service located 
at 80 Killian Road in Massapequa, New York, as the ``Gerard A. Fiorenza 
                        Post Office Building''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7 , 2006

  Mrs. Clinton (for herself and Mr. Schumer) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

                             June 22, 2006

               Reported by Ms. Collins, without amendment

_______________________________________________________________________

                                 A BILL


 
 To designate the facility of the United States Postal Service located 
at 80 Killian Road in Massapequa, New York, as the ``Gerard A. Fiorenza 
                        Post Office Building''.

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

SECTION 1. GERARD A. FIORENZA POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 80 Killian Road in Massapequa, New York, shall be known and 
designated as the ``Gerard A. Fiorenza Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Gerard A. 
Fiorenza Post Office Building''.
                                                       Calendar No. 480

109th CONGRESS

  2d Session

                                S. 2376

_______________________________________________________________________

                                 A BILL

 To designate the facility of the United States Postal Service located 
at 80 Killian Road in Massapequa, New York, as the ``Gerard A. Fiorenza 
                        Post Office Building''.

_______________________________________________________________________

                             June 22, 2006

                       Reported without amendment`
#### Elmer AMENDT, Plaintiff-Appellant, v. LEXINGTON INSURANCE COMPANY; et al., Defendants-Appellees.

No. 06-15237.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 13, 2007 *.

Filed Aug. 22, 2007.

Elmer Amendt, Alberta, Canada, pro se.

Daniel E. Curriden, Esq., Christina Mallatt, Esq., Lewis Brisbois Bisgaard & Smith LLP, Brian K. Terry, Esq., Thorndal, Armstrong, Delk, Balkenbush & Eisinger a Professional Corporation Law Offices, Las Vegas, NV, Mark C. Metzger, Esq., Hinshaw & Culbertson, Crystal Lake, IL, for Defendants-Appellees.

Before: KLEINFELD, SILVERMAN, and M. SMITH, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Elmer Amendt appeals pro se from the district court’s order dismissing his diversity action alleging various injuries as a result of an insect bite he sustained while staying at a motel in Las Vegas. We have *438jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for lack of subject matter jurisdiction, *Crum v. Circus Circus Enterprises,*231 F.3d 1129, 1130 (9th Cir.2000), and we affirm.

For the reasons stated by the district court in its order entered on December 16, 2005, we agree that it is “apparent to a legal certainty” on the face of Amend’s First Amended Complaint that he cannot recover the amount of damages required for diversity jurisdiction. *See*28 U.S.C. § 1332(a); *St. Paul Mercury Indemnity Co. v. Red Cab Co.,*303 U.S. 283, 288-89, 58 S.Ct. 586, 82 L.Ed. 845 (1938). The district court therefore properly dismissed Amendt’s action.

Amendt’s remaining contentions lack merit.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
| (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: December 21 , 2012 | By:  | /s/ Arnold F. Sock                            |
|--------------------------|-----------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                     |      | Arnold F. SockPresident (Principal Executive Officer)                                                                                                                      |
|                     |      |                                                                                                                                                                            |
Editorial Note on Part 4290
Editorial Note: Nomenclature changes to part 4290 appear at 85 FR 16522, Mar. 24, 2020.

§ 4290.3010 Application and Approval Process for RBIC licensing without Leverage. ( a ) The provisions of § 4290.300 notwithstanding, the Agency will accept, at any time, applications for consideration as a Non-leveraged RBIC. The number of applications that the Agency will receive each year, and any fees and conditions, will be announced annually in a Federal Register notice.
( b ) The provision for evaluating applicants on a competitive basis, as specified in § 4290.340(a), does not apply to this subpart.
( c ) The provisions specified in § 4290.370(m) do not apply to this subpart.
[76 FR 80225, Dec. 23, 2011, as amended at 77 FR 4885, Feb. 1, 2012]
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              MAR-31-1999
<PERIOD-END>                                   MAR-31-1999
<CASH>                                         361,439
<SECURITIES>                                   0
<RECEIVABLES>                                  645,969
<ALLOWANCES>                                   30,000
<INVENTORY>                                    205,264
<CURRENT-ASSETS>                               1,250,273
<PP&E>                                         3,689,950
<DEPRECIATION>                                 1,916,623
<TOTAL-ASSETS>                                 3,386,374
<CURRENT-LIABILITIES>                          2,007,259
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       2,995
<OTHER-SE>                                     1,376,120
<TOTAL-LIABILITY-AND-EQUITY>                   3,386,374
<SALES>                                        4,050,215
<TOTAL-REVENUES>                               4,036,822
<CGS>                                          546,900
<TOTAL-COSTS>                                  546,900
<OTHER-EXPENSES>                               3,140,782
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             147,532
<INCOME-PRETAX>                                217,850
<INCOME-TAX>                                   79,736
<INCOME-CONTINUING>                            138,114
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   138,114
<EPS-BASIC>                                  .05
<EPS-DILUTED>                                  .05



</TABLE>
**The World Trade Organization Works For You**

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```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2363 Enrolled Bill (ENR)]

        S.2363

                       One Hundred Ninth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six

                                 An Act

 
  To extend the educational flexibility program under section 4 of the 
             Education Flexibility Partnership Act of 1999.

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

SECTION 1. EDUCATIONAL FLEXIBILITY PROGRAM EXTENSION.

    (a) Extension Authority.--Notwithstanding any other provision of 
law, the Secretary of Education is authorized to carry out the 
educational flexibility program under section 4 of the Education 
Flexibility Partnership Act of 1999 (20 U.S.C. 5891b), until the date 
of enactment of an Act that reauthorizes programs under part A of title 
I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 
et seq.), for any State that was an Ed-Flex Partnership State on 
September 30, 2004.
    (b) Designation.--
        (1) In general.--Any designation of a State as an Ed-Flex 
    Partnership State that was in effect on September 30, 2004, shall 
    be extended until the date of enactment of an Act that reauthorizes 
    programs under part A of title I of the Elementary and Secondary 
    Education Act of 1965, if the Secretary of Education makes the 
    determination described in paragraph (2).
        (2) Determination.--The determination referred to in paragraph 
    (1) is a determination that the performance of the State 
    educational agency, in carrying out the programs for which the 
    State has received a waiver under the educational flexibility 
    program, justifies the extension of the designation.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
FLN (Rev. 3/2007) Deficiency Order Page 1 of 1

5:91cr5008LAC - UNITED STATES OF AMERICA vs. THOMAS L. STEPHENS

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA

vs

THOMAS L. STEPHENS

Case No.5:91cr5008LAC

ORDER

Your document, MOTION REQUESTING THAT THIS HONORABLE COURT ISSUE

AMENDED ORDER, was referred to the undersigned with the following deficiencies:

The document does not have a Certificate of Service as required by Rule

5(b) and (d) of the Federal Rules of Civil Procedure, showing proper

service.

For these reasons, IT IS ORDERED that the Clerk shall return the document to the

filing party.

DONE and ORDERED this 17th day of September, 2007.

s/L.A. Collier

LACEY A. COLLIER

SENIOR UNITED STATES DISTRICT JUDGE

Case 5:91-cr-05008-WS-CAS Document 205 Filed 09/17/07 Page 1 of 1
**Exhibit 32.1**

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with theQuarterly Report on Form 10-Q of TWC Holding LLC (the “Company”) for thethirteen weeks and thirty-nine weeks ended September 30, 2006 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,Michael M. Thompson, President and Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of The Sarbanes-Oxley Act of 2002, that:

1.                                       TheReport fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange 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 Company.

Date: November 14, 2006

 
|        |   | By:    | /s/ Michael M. Thompson               |
|--------|--------|--------|---------------------------------------|
|   |   |   | Michael M. Thompson                   |
|   |   |   | President and Chief Executive Officer |

 

Asigned original of this written statement, or other document authenticating,acknowledging, or otherwise adopting the signature that appears in typed formwithin the electronic version of this written statement, has been provided tothe Company and will be retained by the Company and furnished to the Securitiesand Exchange Commission or its staff upon request.

----
Editorial Note on Part 4290
Editorial Note: Nomenclature changes to part 4290 appear at 85 FR 16522, Mar. 24, 2020.

§ 4290.1240 Funding of RBIC's draw request through sale to third-party. ( a ) *RBIC's authorization of the Agency to arrange sale of Debentures to third-party.* By submitting a request for a draw of Debenture Leverage, you authorize the Agency, or any agent or trustee the Agency designates, to enter into any agreements (and to bind you to such agreements) necessary to accomplish: ( 1 ) The sale of your Debenture to a third-party at a price approved by the Agency; and
( 2 ) The purchase of your Debenture from the third-party and the pooling of your Debenture with other Debentures with the same maturity date.
( b ) *Sale of Debentures to a third-party.* If the Agency arranges for the sale of your Debenture to a third-party, the sale price may be an amount discounted from the face amount of the Debenture.
Editorial Note on Part 5
Editorial Note: Nomenclature changes to part 5 appear at 62 FR 8361, Feb. 25, 1997.

§ 5.5 Publication of season average, calendar year, and parity price data. ( a ) New adjusted base prices for all of the commodities on a calendar year basis and for as many of the commodities on a marketing season average basis as are practicable shall be published on or about January 31 of each year. In cases where preliminary marketing season average price data are used in estimating the adjusted base prices published in January, any additional price data which becomes available shall be used in estimating a revised adjusted base price which shall be published prior to the beginning of the marketing season for the commodity.
( b ) The official parity prices determined under section 301(a)(1) and the regulations in this part and the indexes and relevant price data shall be published in the monthly report “Agricultural Prices” issued by the National Agricultural Statistics Service. Parity prices for all commodities for which parity prices are computed shall be so published in the January and July issues each year. The parity prices published in other issues may be restricted to those which the National Agricultural Statistics Service, after consultation with the Agricultural Marketing Service, the Farm Service Agency, and any other interested government agency, considers necessary or desirable. The parity prices determined in accordance with this part shall be the parity prices used in other reports, determinations, or documents of the Department.
[21 FR 763, Feb. 3, 1956, as amended by Amdt. 16, 30 FR 2521, Feb. 26, 1965]