alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Avilas, Inc., Appellant.

[816 NYS2d 136]

In an action pursuant to RPAPL article 15 to compel the determination of a claim to real property, the defendant appeals from an order of the Supreme Court, Suffolk County (Henry, J.), dated June 21, 2005, which denied its motion to dismiss the complaint as time-barred and declined to cancel the notice of pendency filed by the plaintiff.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed, and the notice of pendency filed by the plaintiff is cancelled.

*765This action involves a parcel of real property in Suffolk County acquired by the defendant under the condition that it continue to be used as a sump for the collection of drain waters. The plaintiff commenced this action to regain title to the property based on a claim of reverter, alleging that the property was no longer being used for drainage purposes.

Contrary to the Supreme Court’s determination, the plaintiff must comply with the 10-year statute of limitations period set forth in Real Property Actions and Proceedings Law § 612 (1) for a claim based on reverter. The plaintiff relies on the 20-year limitations period set forth in CPLR 211 (c), which applies generally to actions involving claims to real property. However, the Hmitations period set forth in the CPLR must yield when a different time is prescribed by another statute (see CPLR 201; *see generally*CPLR 101; *Matter of Brusco v Braun,*84 NY2d 674, 681 [1994]; *Matter of Board of Mgrs. of Park Place Condominium v Town of Ramapo,*247 AD2d 537 [1998]). Furthermore, a prior general statute must yield to a later more specific statute (see *Matter of Dutchess County Dept. of Social Servs. v Day,*96 NY2d 149, 153 [2001]; *Matter of Lupoli,*275 AD2d 44, 50 [2000]). Here, therefore, CPLR 211 (c) must yield to RPAPL 612 (1), which specifically addresses the limitations period for an action based on reverter.

There is no dispute that the plaintiff commenced this action more than 10 years after its claim accrued, and therefore its claims are barred by RPAPL 612 (1). Accordingly, the notice of pendency filed by the plaintiff should be cancelled (see CPLR 6501; *Gallagher Removal Serv. v Duchnowski,*179 AD2d 622 [1992]).

The plaintiff’s remaining contentions are without merit. Florio, J.P., Luciano, Spolzino and Fisher, JJ., concur.
§ 62.207 Official assessment. Official assessment of an applicant's program shall include: ( a ) *Documentation assessment.* Auditors and other USDA officials shall review the applicant's program documentation and issue the finding of the review to the applicant.
( b ) *Program assessment.* Auditors and USDA officials shall conduct an onsite assessment of the applicant's program to ensure provisions of the applicant's program documentation have been implemented and conform to program procedures.
( c ) *Program determination.* Applicants determined to meet or not meet program procedures or requirements shall be notified of their approval or disapproval.
( d ) *Corrective and/or preventative actions.* Applicants may be required to implement corrective and/or preventative actions upon completion of an assessment. After implementation of the corrective and/or preventative actions, the applicant may request another assessment.
Subpart 728.1—Bonds

Parent topic: PART 728—BONDS AND INSURANCE

728.105-1 Advance payment bonds.

(a) Generally, advance payment bonds will not be required in connection with USAID contracts

containing an advance payment provision. In lieu thereof, contracting officers will follow procedures

set forth in (48 CFR) FAR 32.409–3.

(b) Whenever a contracting officer considers that an advance payment bond is necessary, the

contracting officer will:

(1) Establish a bond penalty that will adequately protect interests of the Government;

(2) Use the USAID Advance Payment Bond format;

(3) Place bond with a surety currently approved by the U.S. Treasury Department according to the

latest Treasury Department Circular 570; and

(4) Stipulate that the cost of the bond shall not exceed a rate of $7.50 per $1,000 per annum based

on the penalty of the bond, without the prior written approval of the Bureau for Management, Office

of Acquisition and Assistance, Policy Division (M/OAA/P).

(c) Where the surety's obligation under an advance payment bond covers all advances made to the

contractor during the term of the contract, no release should be issued to the surety until all

advances made and to be made under the contract have been fully liquidated in accordance with the

provisions of the contract, such as no-pay vouchers, reports of expenditures, or by refund. Where the

surety's obligation under the bond is limited to advances made during a specified period of time, no

release should be issued to the surety until all advances made and to be made during the specified

period have been liquidated as aforesaid.
Editorial Note on Subchapter A of Chapter VIII
Authority: 7 U.S.C. 71-87K, 1621-1627.

Editorial Note on Subchapter A of Chapter VIII
Editorial Note: Nomenclature changes to subchapter A appear at 84 FR 45645, Aug. 30, 2019.

§ 800.45 Availability of official services. ( a ) *Original inspection and weighing services.* Original inspection and weighing services on grain are available according to this section and §§ 800.115 through 800.118 when requested by an interested person.
( b ) *Reinspection, review of weighing, and appeal inspection services.* Reinspection, review of weighing, appeal inspection, and Board appeal inspection services are available when requested by an interested person, according to §§ 800.125 through 800.129 and §§ 800.135 through 800.139.
( c ) *Proof of authorization.* If an application for official services is filed by a person representing the applicant, the agency or the field office receiving the application may require written proof of the authority to file the application.
(Approved by the Office of Management and Budget under control number 0580-0012) (Secs. 8, 9, 10, 13 and 18, Pub. L. 94-582, 90 Stat. 2870, 2875, 2877, 2880, and 2884, 7 U.S.C. 79, 79a, 79b, 84, 87, and 87e)
[49 FR 30913, Aug. 2, 1984, as amended at 50 FR 45392, Oct. 31, 1985; 54 FR 5924, Feb. 7, 1989]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from 
Springhill Lake Investors Limited Partnership 1998 Third Quarter 10-QSB and 
is qualified in its entirety by reference to such 10-QSB filing.
</LEGEND>
<CIK> 0000763399
<NAME> SPRINGHILL LAKE INVESTORS LIMITED PARTNERSHIP
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                    9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998   
<CASH>                                           2,804
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                         101,020
<DEPRECIATION>                                (48,159)   
<TOTAL-ASSETS>                                  62,045   
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                         57,451     
<PREFERRED-MANDATORY>                                0     
<PREFERRED>                                          0  
<COMMON>                                             0
<OTHER-SE>                                       (598)    
<TOTAL-LIABILITY-AND-EQUITY>                    62,045    
<SALES>                                              0
<TOTAL-REVENUES>                                18,413    
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                17,440    
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,134    
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       759     
<EPS-PRIMARY>                                    1,111<F2>
<EPS-DILUTED>                                        0
<FN>
<F1>Registrant has an unclassified balance sheet.
<F2>Multiplier is 1.
</FN>
        



</TABLE>
434.005-6 Full production.

The Secretary or the USDA key executive designated by the Secretary for the specific program is the

agency head for the purposes of FAR 34.005-6.

Parent topic: Subpart 434.0 - General
**Exhibit 35.1**

**WASHINGTON MUTUAL BANK **

**OFFICER’S CERTIFICATEANNUAL STATEMENT OF COMPLIANCE**

            I, H. John Berens, an authorized officer of Washington Mutual Bank (the “Servicer”), do hereby certify to WaMu AssetAcceptance Corp. (the “Depositor”), pursuant to the Pooling and Servicing Agreement dated as of  October 1, 2006 (as amended, the “Servicing Agreement”) by and between the Depositor, the Servicer, LaSalle Bank, NationalAssociation, as Trustee, and Christiana Bank & Trust Company, as Delaware Trustee,  the following with respect to Washington Mutual Mortgage Pass-Through Certificates WMALT Series 2006-AR9 Trustfor the 2006 fiscal year (the “Relevant Year”):

1.                  A review of the activities of the Servicer during the Relevant Year and of performance under the Servicing Agreement has beenmade under my supervision.

2.                  To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the ServicingAgreement in all material respects throughout the Relevant Year. 

Dated as of February 22, 2007.

|  /s/ H. John Berens___________________________________________Name:  H. John BerensTitle:    Senior Vice President |
|---------------------------------------------------------------------------------------------------------------------------------------------|
§ 799.14 FSA as cooperating agency. ( a ) FSA will act as a cooperating agency if requested by another agency, as specified in 40 CFR 1501.6 and defined in 40 CFR 1508.5. However, FSA may decline another agency's request if FSA determines the proposed action does not fall within FSA's area of expertise or FSA does not have jurisdiction by law. If FSA declines such a request to cooperate, that will be documented in writing to the requesting agency and a copy will be provided to CEQ.
( b ) FSA may request to be designated as a cooperating agency if another agency's proposed action falls within FSA's area of expertise.
**Exhibit 32.1**

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

In connection withthe Quarterly Report of Particle Drilling Technologies, Inc. (the “Company”)on Form 10-Q for the period ending June 30, 2007 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, Jim B.Terry, Chief Executive 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:

(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.
| /s/ JIM B. TERRY          |   |
|---------------------------|--------|
| Jim B. Terry              |   |
| *Chief Executive Officer* |   |
| * *                  |   |
| Date: August 7, 2007      |

 

A signed original of this written statement requiredby Section 906 has been provided to Particle Drilling Technologies, Inc.and will be retained by Particle Drilling Technologies, Inc. and furnishedto the Securities and Exchange Commission or its staff upon request.

 

21

----
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#### The Office of National Drug Control Policy (ONDCP) is a component of the Executive Office of the President. 

ONDCP leads and coordinates the nation’s drug policy so that it improves the health and lives of the American people. ONDCP is responsible for the development and implementation of the National Drug Control Strategy and Budget. ONDCP coordinates across 19 federal agencies and oversees a $41 billion budget as part of a whole-of-government approach to addressing addiction and the overdose epidemic. ONDCP also provides hundreds of millions of dollars to help communities stay healthy and safe through the High Intensity Drug Trafficking Areas Program and the Drug-Free Communities Program.

Learn more about actions the Biden-Harris Administration has taken to address addiction and the overdose epidemic.

Follow @ONDCP on Twitter.

For help locating behavioral health, including substance use disorder services near you, visit here or call 1-800-662-HELP.

### Recent News: 

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September 13, 2024•Press Releases

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#### The People of the State of New York, Respondent, v Juan Torres, Appellant.

[813 NYS2d 308]

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated December 20, 2004 *(People v Torres,*13 AD3d 562 [2004]), affirming a judgment of the Supreme Court, Queens County, rendered April 30, 2001.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel *(see Jones v Barnes,*463 US 745 [1983]; *People v Stultz, 2*NY3d 277 [2004]). Prudenti, P.J., Krausman, Spolzino and Lifson, JJ., concur.
II 

109TH CONGRESS 

2D SESSION S. 3404 

To reauthorize the Mni Wiconi Rural Water Supply Project. 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2006 

Mr. JOHNSON (for himself and Mr. THUNE) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To reauthorize the Mni Wiconi Rural Water Supply Project. 

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

3 SECTION 1. MNI WICONI RURAL WATER SUPPLY PROJECT, 

4 SOUTH DAKOTA. 

5 Section 10(a) of the Mni Wiconi Project Act of 1988 

6 (Public Law 100–516; 102 Stat. 2571; 116 Stat. 3033) 

7 is amended in the second sentence by striking ‘‘2008’’ and 

8 inserting ‘‘2012’’. 

Æ 


wwhite on PROD1PC61 with BILLS
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

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

May 3, 2019

p0402 

# Order

Clerk May 3, 2019

159206

- 7

In re M.J. DAWKINS, Minor.

SC: 159206

- 7

COA: 344285; 344316

Bay CC Family Division:

16

- 012182

- NA

_____________________________________/

On order of the Court, the application for leave to appeal the February 5, 2019

judgment of the Court of Appeals is consid ered and, it appearing to this Court that the

case of In re Ferranti (Docket No. 157907

- 8) is pending on appeal before this Court and

that the decision in that case may resolve an issue raised in the present application for

leave to appeal, we ORDER that t he application be held in ABEYANCE pending the

decision in that case.
Electronically Filed 

Supreme Court 

SCPW-11-0001091 

25-JAN-2012 

01:51 PM 

NO. SCPW-11-0001091
 

IN THE SUPREME COURT OF THE STATE OF HAWAI'I
 

MICHAEL C. TIERNEY, Petitioner,
 

vs.
 

DISTRICT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I,


Respondent.
 

ORIGINAL PROCEEDING
 

ORDER
 

(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
 

Upon consideration of petitioner Michael C. Tierney's 


petition for a writ of mandamus and the papers in support, it
 

appears that petitioner claims that the district court neglected
 

to file a notice of appeal that petitioner submitted for filing
 

in 1998 in Case No. Case No. 98306130. Petitioner provides no
 

evidence in support of his claim and fails to demonstrate a clear
 

and indisputable right to relief. Therefore, petitioner is not
 

entitled to mandamus relief. See HRS § 602-5(3) (2010) (“The
 

supreme court shall have jurisdiction and power . . . [t]o
 

exercise original jurisdiction in all questions . . . arising
 

under writs of mandamus directed to public officers to compel
 
them to fulfill the duties of their offices[.]”); In re 

Disciplinary Bd. of Hawaii Supreme Court, 91 Hawai'i 363, 368, 

984 P.2d 688, 693 (1999) (Mandamus relief is available to compel 

an official to perform a duty allegedly owed to an individual 

only if the individual’s claim is clear and certain, the 

official’s duty is ministerial and so plainly prescribed as to be 

free from doubt, and no other remedy is available.). 

Accordingly, 

IT IS HEREBY ORDERED that the clerk of the appellate
 

court shall process the petition for writ of mandamus without
 

payment of the filing fee.
 

IT IS FURTHER ORDERED that the petition for a writ of
 

mandamus is denied.
 

DATED: Honolulu, Hawai'i, January 25, 2012. 

/s/ Mark E. Recktenwald 

/s/ Paula A. Nakayama 

/s/ Simeon R. Acoba, Jr. 

/s/ James E. Duffy, Jr. 

/s/ Sabrina S. McKenna 

2
---

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 

I, Audrey Lew, Chief Financial Officer of Global Health
Ventures Inc., hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

|(1) | the Annual Report on Form 10-K of Global Health Ventures
      Inc. for the year ended May 31, 2009 (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 Global Health Ventures Inc..                                                         

Dated: August 4, 2009

| | /s/
      Audrey Lew                                       
| | -----------------------------------------------------------
| | Audrey Lew                                                 
| | President, Secretary and Treasurer                         
| | (Principal Financial Officer and Principal
      Accounting
| | Officer)                                                   
| | Global Health Ventures Inc.                                

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 Global Health
Ventures Inc. and will be retained by Global Health Ventures Inc. and furnished
to the Securities and Exchange Commission or its staff upon request.

---
[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78268-78269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31473]


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

DEPARTMENT OF JUSTICE

Office of Justice Programs

[OJP (NIJ) Docket No. 1537]


Draft NIJ Selection and Application Guide to Ballistic-Resistant 
Body Armor for Law Enforcement, Corrections, and Public Safety

AGENCY: National Institute of Justice.

ACTION: Notice of Draft NIJ Selection and Application Guide to 
Ballistic-Resistant Body Armor for Law Enforcement, Corrections, and 
Public Safety.

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

SUMMARY: In an effort to obtain comments from interested parties, the

[[Page 78269]]

U.S. Department of Justice, Office of Justice Programs, National 
Institute of Justice (NIJ) will make available to the general public 
the draft ``NIJ Selection and Application Guide to Ballistic-Resistant 
Body Armor for Law Enforcement, Corrections, and Public Safety.'' The 
opportunity to provide comments on this document is open to industry 
technical representatives, criminal justice agencies and organizations, 
research, development and scientific communities, and all other 
stakeholders and interested parties. Those individuals wishing to 
obtain and provide comments on the draft document under consideration 
are directed to the following Web site: http://www.justnet.org.

DATES: The comment period will be open until January 21, 2011.

FOR FURTHER INFORMATION CONTACT: Casandra Robinson, by telephone at 
202-305-2596 [Note: this is not a toll-free telephone number], or by e-
mail at <a href="/cdn-cgi/l/email-protection#52313321333c3620337c203d303b3c213d3c122721363d387c353d24"><span class="__cf_email__" data-cfemail="3d5e5c4e5c53594f5c134f525f54534e52537d484e595257135a524b">[email protected]</span></a>.

Dr. John H. Laub,
Director, National Institute of Justice.
[FR Doc. 2010-31473 Filed 12-14-10; 8:45 am]
BILLING CODE 4410-18-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### In the Matter of Richard A. Zalk (Admitted as Richard Alan Zalk), an Attorney, Appellant. Departmental Disciplinary Committee for the First Judicial Department, Respondent.

Submitted October 15, 2007;

decided October 23, 2007

Reported below, 45 AD3d 42.

Motion by the Association of the Bar of the City of New York for leave to file a memorandum amicus curiae on the motion for leave to appeal herein granted and the memorandum is accepted as filed.