alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 780.15 Time limitations. ( a ) To the extent practicable, no later than 10 business days after an agency decision maker renders an adverse decision that affects a participant, FSA will provide the participant written notice of the adverse decision and available appeal rights.
( b ) A participant requesting an appealability review by the State Executive Director of an agency decision made at the county, area, district or State level that is otherwise determined by FSA not to be appealable must submit a written request for an appealability review to the State Executive Director that is received no later than 30 calendar days from the date a participant receives written notice of the decision.
( c ) A participant requesting reconsideration, mediation or appeal must submit a written request as instructed in the notice of decision that is received no later than 30 calendar days from the date a participant receives written notice of the decision. A participant that receives a determination made under part 1400 of this title will be deemed to have consented to an extension of the time limitation for a final determination as provided in part 1400 of this title if the participant requests mediation.
( d ) Notwithstanding the time limits in paragraphs (b) and (c) of this section, a request for an appealability review, reconsideration, or appeal may be accepted if, in the judgment of the reviewing authority with whom such request is filed, exceptional circumstances warrant such action. A participant does not have the right to seek an exception under this paragraph. FSA's refusal to accept an untimely request is not appealable.
( e ) Decisions appealable under this part are final unless review options available under this part or part 11 are timely exercised. ( 1 ) Whenever the final date for any requirement of this part falls on a Saturday, Sunday, Federal holiday, or other day on which the pertinent FSA office is not open for the transaction of business during normal working hours, the time for submission of a request will be extended to the close of business on the next working day.
( 2 ) The date when an adverse decision or other notice pursuant to these rules is deemed received is the earlier of physical delivery by hand, by facsimile with electronic confirmation of receipt, actual stamped record of receipt on a transmitted document, or 7 calendar days following deposit for delivery by regular mail.
[70 FR 43266, July 27, 2005, as amended at 71 FR 30574, May 30, 2006]
### CERTIFICATION OF PUBLIC HEARING 40 CFRPart 5l, Appendix V, 2.1(g)

### The State of New Hampshire 

## Department ofEnvironmental Services 

# .--NHDES Thomas S. Burack Commissioner

February 8, 2007 I Hereby Certify: That, in accordance with the provisions of NH RSA 541-A:11 and section 110(a) of the Clean Air Act, as amended, public notice was given specifying that a public hearing was to be held on October 14, 2004 at 9:30 a.m . in room114 of the offices of the NewHampshire Department of Environmental Services, Air Resources Division, 29 Hazen Drive, Concord, NH . The notice was published at least 30 days prior to the date of such hearing in a newspaper of general circulation. The notice stated that copies of documentation regarding revisions to the State Implementation Plan, specifically the proposed amendment of Env-A 803 and Env-A 1211 of the NH Code ofAdministrative Rules, could be examined at the offices ofthe Department's Air Resources Division. That the public hearing was held on October 14, 2004 at 9:30 a.m . in room114 of the offices of the New Hampshire Department of Environmental Services, Air Resources Division, 29 Hazen Drive, Concord, NH, in accordance with the public notice. That a complete record of the public hearing held on October 14, 2004 is available on tape at the offices of the NewHampshire Department of Environmental Services, Air Resources Division, 29 Hazen Drive, Concord, NH . That the above statements are true to the best of my knowledge and belief. right, Adrh' istrator Bureau of Permitting and Environmental Health Permitting 

# 010't Z~~

P.O . Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 Telephone: (603) 271-1370 Fax: (603) 271-1381 TDDAccess Relay NH1-800-735-2964
EXHIBIT 32.2 - CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO
               RULE 13a-14(b)

In connection with the Quarter Report of Gallery of History, Inc. (the
"Company") on Form 10-QSB for the quarter ended March 31, 2008 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Rod Lynam, Chief Financial Office of the Company, hereby certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge, that:

1.	 The Report fully complies with the requirements of Section 13(a) 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/ Rod Lynam
-------------
Rod Lynam
Chief Financial Officer

May 14, 2008
#### Mark Hodge, Respondent, v Losquadro Fuel Corp. et al., Appellants.

[814 NYS2d 531]

*862In an action, inter alia, to recover for damage to property, the defendants appeal from a judgment of the Supreme Court, Queens County (Weiss, J.), dated November 23, 2004, which, after a nonjury trial, and upon the denial of that branch of their motion which was for judgment pursuant to CPLR 4401 as a matter of law made at the close of the evidence, is in favor of the plaintiff and against them in the principal sum of $45,000.

Ordered that the judgment is reversed, on the law, with costs, that branch of the defendants’ motion which was for judgment as a matter of law is granted, and the complaint is dismissed.

“As this case was tried to the court, without a jury, this Court’s power to review the evidence is as broad as that of the trial court, with appropriate regard given to the decision of the trial judge who was in a position to assess the credibility of the witnesses” *(Bubba’s Bagels of Wesley Hills, Inc. v Bergstol,*18 AD3d 411, 412 [2005]; *see Northern Westchester Professional Park Assoc. v Town of Bedford,*60 NY2d 492, 499 [1983]).

Here, the Supreme Court’s conclusions were based upon the testimony of the plaintiffs expert witness. “ ‘[An expert] may not guess or speculate in drawing a conclusion’ ” *(Cappolla v City of New York,*302 AD2d 547, 549 [2003], quoting *Quinn v Artcraft Constr.,*203 AD2d 444, 445 [1994]). Upon our review of the record, we find that the plaintiffs expert’s testimony regarding the purported diminution of the value to the plaintiffs property was speculative and conclusory.

In light of the foregoing, we need not reach the defendants’ remaining contentions. Adams, J.P., Rivera, Skelos and Lifson, JJ., concur.
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA,

NORTHERN DIVISION

HAROLD KELLY MURPHY, )

)

Plaintiff. )

)

v. ) Case No.: 2:06-cv-618-MEF

)

SOUTHERN ENERGY HOMES, INC., )

et al., )

)

Defendants. )

DEFENDANT’S EVIDENTIARY SUBMISSION IN SUPPORT OF ITS

MOTION TO EXCLUDE TESTIMONY AND OPINIONS OF PLAINTIFF’S EXPERT

KONDNER DAUBERT AND REQUEST FOR IN LIMINE HEARING

COMES NOW Defendant Southern Energy Homes, Inc., submits the following as

evidence in support of its motion in the above-styled matter:

A. Complaint

B. Kondner Report in Murphy

C. Kondner Deposition Excerpts from Ford

D. Kondner Deposition in Murphy

E. Declaration of David Tompos

E-1 (CV)

E-2 (Expert Report)

F. HUD Letter

G. Parks Deposition Excerpts from Murphy

H. Kondner Reports in Deese, Ford, and Strickland

I. Parks Report in Murphy

I-1 (CV)

Case 2:06-cv-00618-MEF-SRW Document 73 Filed 02/08/2008 Page 1 of 3
2

I-2 (Expert Report)

Respectfully submitted,

/s/Thomas W. Thagard III

Lee E. Bains, Jr. (BA1005)

Thomas W. Thagard, III (THA006)

Edward S. Sledge, IV (SLE008)

Attorneys for Southern Energy Homes, Inc.

OF COUNSEL:

MAYNARD, COOPER & GALE, P.C.

1901 Sixth Avenue North

2400 AmSouth/Harbert Plaza

Birmingham, AL 35203

(205) 254-1000 (Telephone)

(205) 254-1999 (Facsimile)

E-mail: lbains@maynardcooper.com

E-mail: tthagard@maynardcooper.com

E-mail: sledge@maynardcooper.com

W. Scott Simpson

RITCHEY & SIMPSON, PLLC

3288 Morgan Drive, Suite 100

Birmingham, Alabama 35216-3084

205.876.1600 (Telephone)

205.876.1616 (Facsimile)

E-mail: wssimpson@ritcheysimpson.com

Case 2:06-cv-00618-MEF-SRW Document 73 Filed 02/08/2008 Page 2 of 3
3

CERTIFICATE OF SERVICE

I hereby certify that on February 8, 2007 I electronically filed the foregoing with the

Clerk of the Court using the CM/ECF system which will send notification of such filing to the

following:

Carter Gibson Vance

E-mail: gibson.vance@beasleyallen.com

Charles Lance Gould, Esq.

E-mail: lance.gould@beasleyallen.com

/s/Thomas W. Thagard III

Of Counsel

Case 2:06-cv-00618-MEF-SRW Document 73 Filed 02/08/2008 Page 3 of 3
UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

OFFICE OF THE CLERK

POST OFFICE BOX 711

MONTGOMERY, ALABAMA 36101-0711

DEBRA P. HACKETT, CLERK

TELEPHONE (334) 954-3600

July 17, 2007

 

NOTICE OF NON-COMPLIANCE AND CORRECTION

To: ALL COUNSEL OF RECORD

From: CLERK’S OFFICE

Case Style: Progressive American Insurance Company vs. Carol Thorn, et al

Case Number: 2:06cv717-ID

Referenced Pleading: Document #54- Amended Complaint

The referenced pleading was electronically filed on ***June 28, 2007*** in this case and is not

in compliance with the Middle District of Alabama Local Rule 15.1; therefore, this pleading

is hereby STRICKEN from the record and the parties are instructed to disregard the entry

of this pleading on the court’s docket and refer to the corrected Amended Complaint filed on

7/9/07 (Document #60).

Case 2:06-cv-00717-ID-SRW Document 63 Filed 07/17/2007 Page 1 of 1
II 

109TH CONGRESS 

2D SESSION S. 3307 

To suspend temporarily the duty on digital zoom camera lenses not exceeding 

20 ounces in weight. 

IN THE SENATE OF THE UNITED STATES 

MAY 26, 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 digital zoom camera 

lenses not exceeding 20 ounces in weight. 

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

3 SECTION 1. DIGITAL ZOOM CAMERA LENSES NOT EXCEED4 ING 20 OUNCES IN WEIGHT. 

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

6 the Harmonized Tariff Schedule of the United States is 

7 amended by inserting in numerical sequence the following 

8 new heading: 

‘‘ 9902.11.04 Lenses for digital cameras with focal 

length between 18 mm and 200 mm inclusive, greater than 18 oz. in weight and 

not exceeding 20 oz. (provided for in 

subheading 9002.11.90) .......................... Free No change No change On or before 

12/31/2009 ’’. 


cchase on PROD1PC60 with BILLS
2 

•S 3307 IS 

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 the enactment of this Act. 

Æ 


cchase on PROD1PC60 with BILLS
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3103 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3103

   To suspend temporarily the duty on seals, outboard, trailing edge.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2006

 Mr. Brownback introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on seals, outboard, trailing edge.

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

SECTION 1. SEALS, OUTBOARD, TRAILING EDGE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``      9902.59.11        Seals, outboard,        Free      No change       No change       On or before 12/
                           trailing edge                                                     31/2009          ''
                           (provided for in                                                                    .
                           subheading
                           5911.90.00)..........

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
II 

109TH CONGRESS 

2D SESSION S. 3181 

To extend the duty suspension on ORGASOL polyamide powders. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2006 

Mr. BUNNING introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To extend the duty suspension on ORGASOL polyamide 

powders. 

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

3 SECTION 1. ORGASOL POLYAMIDE POWDERS. 

4 (a) IN GENERAL.—Heading 9902.39.08 of the Har5 monized Tariff Schedule of the United States (relating to 

6 ORGASOL polyamide powders) is amended by striking 

7 ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’. 

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

9 subsection (a) applies with respect to goods entered, or 

10 withdrawn from warehouse for consumption, on or after 


cchase on PROD1PC60 with BILLS
2 

•S 3181 IS 

1 the date that is 15 days after the date of enactment of 

2 this Act. 

Æ 


cchase on PROD1PC60 with BILLS
COURTROOM DEPUTY’S MINUTES MIDDLE DISTRICT OF ALABAMA

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

/INITIAL APPEARANCE DATE: August 28, 2006

 BOND HEARING

 DETENTION HEARING Digital Recording 4:05 - 4:11

 PRELIMINARY (EXAMINATION)(HEARING)

 REMOVAL HEARING (R.40)

 ARRAIGNMENT

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

PRESIDING MAG. JUDGE: Susan Russ Walker DEPUTY CLERK: Joyce Taylor

CASE NO. 2:06mj79-SRW DEFENDANT NAME: Santo Coleman

AUSA: Terry Moorer DEFT. ATTY: Joe Reed

Type Counsel: (/ )Retained; ( ) CJA; ( ) Waived; ( ) FPD

USPO/USPTS: Sandra Wood

Interpreter needed: ( / ) NO; ( )YES Name:

____________________________________________________________________________

/ Date of Arrest August 28, 2006 or  Arrest Rule 40

/ Deft First Appearance. Advised of rights/charges.  Prob/Sup Rel Violator

 Financial Affidavit executed. ORAL MOTION for appointment of Counsel.

 ORAL ORDER appointing Federal Defender- Notice of Appearance to be filed

 Panel Attorney Appointed;  to be appointed - prepare voucher

 Deft. Advises he will retain counsel. Has retained _____________________

/  Government’s ORAL Motion for Detention Hrg.  to be followed by written

motion; / Government’s WRITTEN Motion for Detention Hrg. filed

/ Detention Hearing/Preliminary Examination set for 9/1/06 @ 2:00 p.m.

 ORDER OF TEMPORARY DETENTION PENDING HEARING to be entered

 ORDER OF DETENTION HEARING PENDING TRIAL to be entered

 Release order entered. Deft advised of conditions of release

  BOND EXECUTED (M/D AL charges) $. Deft released

 BOND EXECUTED (R. 40) - deft to report to originating district as ordered

 Bond not executed. Defendant to remain in Marshal’s custody

 Deft. ORDERED REMOVED to originating district

 Waiver of  preliminary hearing;  Waiver Rule 40 hearing

 Court finds PROBABLE CAUSE. Defendant bound over to the Grand Jury

 ARRAIGNMENT HELD. Plea of NOT GUILTY entered. Set for

DISCOVERY DISCLOSURE DATE: 

 WAIVER of Speedy Trial. CRIMINAL TERM: 

/ NOTICE to retained Criminal Defense Attorney handed to counsel

Case 2:06-mj-00079-SRW Document 20 Filed 08/28/2006 Page 1 of 1
**Exhibit 31.2**

 

**CERTIFICATION**

** **

I, James W. Dolan, certifythat:

 

1.               Ihave reviewed this quarterly report on Form 10-Q of MAI Systems Corporation;

 

2.               Basedon my knowledge, this quarterly report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this quarterlyreport;

 

3.               Basedon my knowledge, the financial statements, and other financial informationincluded in this quarterly report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the registrant asof, and for, the periods presented in this quarterly report;

 

4.               Theregistrant’s other certifying officers and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-14 and 15d-14) for the registrant and we have:

 

a)              designedsuch disclosure controls and procedures to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period inwhich this quarterly report is being prepared;

 

b)             evaluatedthe effectiveness of the registrant’s disclosure controls and procedures as ofa date within 90 days prior to the filing date of this quarterly report (the“Evaluation Date”); and

 

c)              presentedin this quarterly report our conclusions about the effectiveness of thedisclosure controls and procedures based on our evaluation as of the EvaluationDate;

 

5.               Theregistrant’s other certifying officers and I have disclosed, based on our mostrecent evaluation, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunction):

 

a)              allsignificant deficiencies in the design or operation of internal controls whichcould adversely affect the registrant’s ability to record, process, summarizeand report financial data and have identified for the registrant’s auditors anymaterial weaknesses in internal controls; and

 

b)             anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal controls; and

 

6.               Theregistrant’s other certifying officers and I have indicated in this quarterlyreport whether or not there were significant changes in internal controls or inother factors that could significantly affect internal controls subsequent tothe date of our most recent evaluation, including any corrective actions withregard to significant deficiencies and material weaknesses.

 

 
| Date: May 14, 2004 | By:                                   | /s/ James W. Dolan |
|--------------------|---------------------------------------|--------------------|
|               | James W. Dolan                        |
|               | Chief Financial and Operating Officer |

 

----
###### Editorial Note on Subpart A of Part 989

#### Editorial Note:

Nomenclature changes to part 989 appear at 83 FR 53973, Oct. 26, 2018.

#### § 989.22 District.

*District* means any one of the geographical areas referred to in § 989.26, and designated in the rules and regulations.

[48 FR 32974, July 20, 1983]
[877 NE2d 294, 846 NYS2d 76]

#### Tom Miro et al., Appellants, v Plaza Construction Corp. et al., Respondents, et al., Defendants. (And a Third-Party Action.)

Decided October 23, 2007

*949APPEARANCES OF COUNSEL

*Paul F. McAloon P.C.,*New York City *(Paul F. McAloon*of counsel), and *Harry I. Katz, P.C.,*for appellants.

*Barry McTiernan & Moore,*New York City *(Laurel A. Wedinger*of counsel), for respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, without costs, by denying summary judgment to defendants as to the Labor Law § 240 (1) claim and, as so modified, affirmed, and certified question answered in the negative. Assuming that the ladder was unsafe, it is not clear from the record how easily a replacement ladder could have been procured.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.
Case 2:06-cv-00693-ID-TFM Document 39 Filed 01/03/2008 Page 1 of 2
Case 2:06-cv-00693-ID-TFM Document 39 Filed 01/03/2008 Page 2 of 2
COURTROOM DEPUTY’S MINUTES MIDDLE DISTRICT OF ALABAMA

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

/INITIAL APPEARANCE DATE: August 8, 2006

 BOND HEARING

 DETENTION HEARING Digital Recording 3:33 - 3:46

 PRELIMINARY (EXAMINATION)(HEARING)

 REMOVAL HEARING (R.40)

 ARRAIGNMENT

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

PRESIDING MAG. JUDGE: Susan Russ Walker DEPUTY CLERK: Joyce Taylor

CASE NO. 2:06mj76-SRW DEFENDANT NAME: Eugene L. Cleckler

AUSA: Andrew Schiff DEFT. ATTY: Ron Brunson

Type Counsel: (/ )Retained; ( ) CJA; ( ) Waived; ( ) FPD

USPO/USPTS: Thweatt/Martin

Interpreter needed: ( / ) NO; ( )YES Name:

____________________________________________________________________________

/ Date of Arrest August 8, 2006 or  Arrest Rule 40

/ Deft First Appearance. Advised of rights/charges.  Prob/Sup Rel Violator

 Financial Affidavit executed. ORAL MOTION for appointment of Counsel.

 ORAL ORDER appointing Federal Public Defender - Notice of Appearance to be filed

 Panel Attorney Appointed;  to be appointed - prepare voucher

/ Deft. Advises he will retain counsel. Has retained Ron Brunson

  Government’s ORAL Motion for Detention Hrg.  to be followed by written

motion;  Government’s WRITTEN Motion for Detention Hrg. filed

 Detention Hearing  held; set for

 ORDER OF TEMPORARY DETENTION PENDING HEARING to be entered

 ORDER OF DETENTION HEARING PENDING TRIAL to be entered

/ Release order entered. Deft advised of conditions of release

/ / BOND EXECUTED (M/D AL charges) $25,00.00. Deft released

 BOND EXECUTED (R. 40) - deft to report to originating district as ordered

 Bond not executed. Defendant to remain in Marshal’s custody

 Deft. ORDERED REMOVED to originating district

/ Waiver of / preliminary examination;  Waiver Rule 40 hearing

 Court finds PROBABLE CAUSE. Defendant bound over to the Grand Jury

 ARRAIGNMENT HELD. Plea of NOT GUILTY entered. Set for

DISCOVERY DISCLOSURE DATE: 

 WAIVER of Speedy Trial. CRIMINAL TERM: 

/ NOTICE to retained Criminal Defense Attorney handed to counsel

**Court directs Government to amend complaint as offense is incorrectly stated on first page of the

complaint.

Case 2:06-mj-00076-SRW Document 7 Filed 08/08/2006 Page 1 of 1