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

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: March 3, 2016 107153 

________________________________

THE PEOPLE OF THE STATE OF

NEW YORK,

Respondent,

v MEMORANDUM AND ORDER

JAMES D. GUYETT,

Appellant.

________________________________

Calendar Date: January 19, 2016

Before: Egan Jr., J.P., Rose, Lynch and Clark, JJ.

__________

Michael C. Ross, Bloomingburg, for appellant.

Gwen Wilkinson, District Attorney, Ithaca (Andrew J.

Bonavia of counsel), for respondent.

__________

Appeal from a judgment of the County Court of Tompkins

County (Rowley, J.), rendered September 4, 2014, which revoked

defendant's probation and imposed a sentence of imprisonment.

Defendant pleaded guilty to driving while intoxicated and

was sentenced to five years of probation. Thereafter, a

violation of probation petition was filed against him. County

Court issued an arrest warrant and, over two years later,

defendant was located after he was arrested in Schenectady County

for driving while intoxicated. Defendant admitted to violating

the terms of his probation by failing to report. County Court

revoked his probation and resentenced him to a prison term of 1a

to 4 years. Defendant now appeals, contending that his sentence

is harsh and excessive.
-2- 107153 

We affirm. Initially, although defendant was released from

prison in September 2015, his appeal is not moot inasmuch as he

remains on parole (see People v Donnelly, 80 AD3d 797, 798

[2011]; People v Stewart, 185 AD2d 381, 382 [1992], lv denied 80

NY2d 977 [1992]). "A sentence that is within the permissible

statutory range will not be disturbed unless the sentencing court

abused its discretion or extraordinary circumstances exist

warranting a modification" (People v Ciarleglio, 299 AD2d 571,

572 [2002] [citations omitted]; accord People v Lowe, 53 AD3d

982, 983 [2008]). Here, defendant had been unable to comply with

the conditions of his probation. Further, the resentence imposed

was both authorized and within the range that defendant agreed to

prior to admitting his violation of probation. Under the

circumstances presented herein, we find no abuse of discretion or

extraordinary circumstances warranting the reduction of the

sentence in the interest of justice (see People v McCann, 100

AD3d 1150, 1151 [2012]; People v Smurphat, 91 AD3d 980, 981

[2012], lv denied 18 NY3d 962 [2012]). 

Egan Jr., J.P., Rose, Lynch and Clark, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger

Clerk of the Court
Exhibit 32

Certification of Chief Executive Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Pattern Energy Group Inc. (the
Company) hereby certifies, to such officers knowledge, that:

(i) the accompanying Annual Report on Form
10-K/A of the Company for the annual period ended December 31, 2013 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as
amended; and

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



|                  |  |  |  |  |  |                             
|----------------- |  |  |  |  |  | ----------------------------
|Date: May 5, 2014 |  |  |  |  |  | By    /s/ Michael M. Garland
|                  |  |  |  |  |  | Michael M. Garland          
|                  |  |  |  |  |  | Chief Executive Officer     

Certification of Chief Financial Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Pattern Energy Group Inc. (the
Compan ) hereby certifies, to such officers knowledge, that:

(i) the accompanying Annual Report on Form
10-K/A of the Company for the annual period ended December 31, 2013 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as
amended; and

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



|                  |  |  |  |  |  |                          
|----------------- |  |  |  |  |  | -------------------------
|Date: May 5, 2014 |  |  |  |  |  | By    /s/ Michael J. Lyon
|                  |  |  |  |  |  | Michael J. Lyon          
|                  |  |  |  |  |  | Chief Financial Officer
H. Res. 23

In the House of Representatives, U.S.,

February 1, 2005.

Whereas America’s Catholic schools are internationally acclaimed for their academic excellence, but provide students more than a superior scholastic education;

Whereas Catholic schools ensure a broad, values-added education emphasizing the lifelong development of moral, intellectual, physical, and social values in America’s young

people;

Whereas the total Catholic school student enrollment for the

2004–2005 academic year is about 2.5 million and the

student-teacher ratio is 15 to 1;

Whereas Catholic schools teach a diverse group of students;

Whereas more than 26 percent of school children enrolled in

Catholic schools are from minority backgrounds, and

nearly 14 percent are non-Catholics;

Whereas Catholic schools produce students strongly dedicated

to their faith, values, families, and communities by providing an intellectually stimulating environment rich in

spiritual, character, and moral development;

Whereas in the 1972 pastoral message concerning Catholic

education, the National Conference of Catholic Bishops

stated: ‘‘Education is one of the most important ways by

which the Church fulfills its commitment to the dignity
2

•HRES 23 EH

of the person and building of community. Community is

central to education ministry, both as a necessary condition and an ardently desired goal. The educational efforts

of the Church, therefore, must be directed to forming

persons-in-community; for the education of the individual

Christian is important not only to his solitary destiny,

but also the destinies of the many communities in which

he lives.’’; and

Whereas January 30 to February 5, 2005, has been designated as Catholic Schools Week by the National Catholic Educational Association and the United States Conference of Catholic Bishops: Now, therefore, be it

Resolved, That the House of Representatives—

(1) supports the goals of Catholic Schools Week, an

event co-sponsored by the National Catholic Educational

Association and the United States Conference of Catholic Bishops and established to recognize the vital contributions of America’s thousands of Catholic elementary

and secondary schools; and

(2) congratulates Catholic schools, students, parents, and teachers across the Nation for their ongoing

contributions to education, and for the key role they play

in promoting and ensuring a brighter, stronger future

for this Nation.

Attest:

Clerk.
Case 3:06-cv-00733-MHT-TFM Document 25 Filed 05/18/2007 Page 1 of 7
Case 3:06-cv-00733-MHT-TFM Document 25 Filed 05/18/2007 Page 2 of 7
Case 3:06-cv-00733-MHT-TFM Document 25 Filed 05/18/2007 Page 3 of 7
Case 3:06-cv-00733-MHT-TFM Document 25 Filed 05/18/2007 Page 4 of 7
Case 3:06-cv-00733-MHT-TFM Document 25 Filed 05/18/2007 Page 5 of 7
Case 3:06-cv-00733-MHT-TFM Document 25 Filed 05/18/2007 Page 6 of 7
Case 3:06-cv-00733-MHT-TFM Document 25 Filed 05/18/2007 Page 7 of 7
EXHIBIT 31.1


                                 CERTIFICATIONS


CERTIFICATION BY JACOB LUSTGARTEN PURSUANT TO SECURITIES EXCHANGE ACT
RULE 13A-14

I, Jacob Lustgarten, certify that:


1. I have reviewed this quarterly report on Form 10-QSB of Clean Systems
Technology Group, Ltd.;


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


3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;


4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:


a) designed such disclosure controls and procedures to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this quarterly report is being prepared;



b) evaluated the effectiveness of the registrant's disclosure controls and
procedures as of the end of the period covered by this quarterly report (the
"Evaluation Date"); and



c) presented in this quarterly report our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;


5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent function):


a) all significant deficiencies in the design or operation of internal controls
which could adversely affect the registrant's ability to record, process,
summarize and report financial data and have identified for the registrant's
auditors any material weaknesses in internal controls; and


b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and


6. The registrant's other certifying officers and I have indicated in this
quarterly report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses.


Date: June 6, 2004





/S/ JACOB LUSTGARTEN
---------------------
CHIEF EXECUTIVE OFFICER AND CHAIRMAN







<PAGE>
#### In the Matter of Adult Home at Erie Station, Inc., Respondent, v Assessor and Board of Assessment Review of City of Middletown et al., Appellants.

Submitted January 7, 2008;

decided January 10, 2008

Reported below, 36 AD3d 699.

Motion by Healthcare Association of New York State, Inc. for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served and 24 copies filed within seven days.
§ 221.35 Contractual requirements. ( a ) No supplier may discriminate against an order or contract on which a priority rating has been placed under this part by charging higher prices, by imposing terms and conditions for such orders or contracts different from other generally comparable orders or contracts, or by any other means.
( b ) Contracts with priority ratings shall be subject to all applicable laws and regulations which govern the making of such contracts, including those specified in 10 CFR 211.26(e).
Salary Information for CEO, CFO and Named Executive Officers



 Exhibit 10.19 
  
 SALARY INFORMATION FOR CEO, CFO 
 AND NAMED EXECUTIVE OFFICERS 
  
 The following table sets forth as of February 17, 2010, the current annual salary of WellPoint, Inc.’s (the “Company”)
Chief Executive Officer and Chief Financial Officer and each of the “Named Executive Officers” who were employed by the Company as of December 31, 2009. The Named Executive Officers are as determined for the Company’s Proxy
Statement for its 2009 Annual Meeting of Shareholders, which was based on total compensation for 2008 (less the amount of Change in Pension Value and Nonqualified Deferred Compensation Earnings) as required by the Instructions to Item 402(a)(3)
of Regulation S-K, because the Company has not yet determined the amount of non-equity incentive plan compensation for 2009 and therefore the identities of the other Named Executive Officers for the Company’s Proxy Statement for its 2010 Annual
Meeting of Shareholders are not yet known. 
  

				
	 Named Executive Officer
	  	Salary
	 Angela F. Braly
	  	$	1,144,000
	 Wayne S. DeVeydt
	  	$	700,000
	 Ken R. Goulet
	  	$	700,000
	 Dijuana K. Lewis
	  	$	650,000
	 Bradley M. Fluegel
	  	$	550,000
Subpart 1219.2—Policies    **Parent topic:** PART 1219—SMALL BUSINESS PROGRAMS1219.201 General policy.       (c) The Director, Office of Small and Disadvantaged Business Utilization (OSDBU) shall be a member of the Senior Executive Service and appointed by the Secretary of Transportation. (15 U.S.C. 637, 644, and 657)          (d) The responsible HCA for each OA shall appoint a Small Business Specialist (SBS). The SBS will assist the OSDBU Director in carrying out the functions and duties prescribed in FAR 19.201(d). A list of DOT SBS is provided at OSDBU's website at *https://www.transportation.gov/osdbu/procurement-assistance/talk-dot-sm....*1219.201-70 Procurement goals for small business.       As required by the Small Business Act, the Secretary shall establish annual goals for small business participation in DOT contracts and subcontracts. Each contracting activity in consultation with the OSDBU on behalf of the Secretary shall establish annual goals that present, for that activity, the maximum practicable opportunity for small business concerns to participate in the performance of the activity's contracts and subcontracts.1219.202 Specific policies.       OSDBU is responsible for reviewing procurement strategies and subcontracting efforts, establishing review thresholds and making recommendations to further the implementation of this part. The OSDBU Director may waive review of certain classes of acquisitions that the Director identifies as providing limited or no opportunity for small business participation or may delegate review of such acquisitions to the OA Small Business Specialists.1219.202-70 Procurement Forecast.       The OSDBU shall prepare and maintain DOT's Procurement Forecast in coordination with DOT Operating Administrations. The forecast will be published every year on or before October 1st and can be found at *https://www.transportation.gov/osdbu/procurement-forecast/summary.* Contracting officers and small business specialists will work with the OSDBU to maintain accurate procurement forecast information.
Exhibit No. 12.

Questar Pipeline Company and Subsidiaries
Ratio of Earnings to Fixed Charges
(Unaudited)
<TABLE>
<CAPTION>
                                                12 months ended March 31,
                                                    2000        1999
                                                (Dollars in Thousands)
<S>                                             <C>         <C>
Earnings

Income (loss) before income taxes                  ($13,402)    $44,325
Plus debt expense                                    17,988      15,199
Plus allowance for borrowed
   funds used during construction                     2,605       1,326
Plus interest portion of rental expense                 201         342
                                                     $7,392     $61,192

Fixed Charges

Debt expense                                        $17,988     $15,199
Plus allowance for borrowed
   funds used during construction                     2,605       1,326
Plus interest portion of rental expense                 201         342
                                                    $20,794     $16,867

Ratio of Earnings to Fixed Charges                     0.36        3.63

</TABLE>
336.570 Contract clause.

(a) The contracting officer shall insert the clause at 352.236-70, Design-Build Contracts, in all

solicitations and contracts for all design-build requirements.

(b) The contracting officer shall use Alternate I to the clause at 352.236-70, Design-Build Contracts,

in all solicitations and contracts for construction when Fast-Track procedures are being used.

(c) Due to the importance of maintaining consistency in the contractor's personnel during designbuild construction, the contracting officer should consider including the clause at 352.237-75, Key

personnel.

Parent topic: Subpart 336.5 - Contract Clause
exv4w3w9






Exhibit 4.3.9




REDGATE MEDIA GROUP




AMENDMENT AGREEMENT TO SHAREHOLDERS AGREEMENT


This AMENDMENT AGREEMENT TO THE SHAREHOLDERS AGREEMENT (“Agreement”), effective as of December
14, 2009 (the “Effective Date”), is made and entered into by and among Redgate Media Group,
a corporation organized under the laws of the Cayman Islands (the “Company”), and the undersigned
The Gladiator Fund, a Cayman Island corporation (the “Purchaser”) with reference to the material
facts and circumstances set forth in the Recitals below.




RECITALS



A. The Purchaser is acquiring an aggregate of two thousand thirty-seven point seven (2,037.70)
shares of Class G Preference Shares (the “Shares”).



B. The Shares were acquired by previous purchasers pursuant to that certain Class G Preference
Share Purchase Agreement on December 4, 2009.



C. The previous purchasers also became parties to the Shareholders Agreement by executing that
certain Fourth Amendment to the Shareholders Agreement (the “SHA”) dated December 4, 2009.



D. Pursuant to the terms of the SHA all provisions contained therein shall be binding on all
subsequent purchasers and transferees.




AMENDMENT



NOW, THEREFORE, in consideration of the issuance of Shares, the mutual promises and acknowledgments
hereinafter made, and other good and valuable consideration receipt of which is hereby
acknowledged, the parties agree as follows:



1. Purchaser acknowledges having received and reviewed a copy of the SHA attached hereto as
Exhibit A respectively, including all exhibits, schedules, and amendments thereto, and
understands the contents thereof.



2. Purchaser hereby joins the SHA as a “Shareholder” as defined therein, and acknowledges, accepts
to be bound by, and agrees to the terms of the SHA.



3. Purchaser’s execution of this Agreement shall be deemed an execution of the SHA and unless
specified in this Agreement the terms and conditions thereof shall be included herein by this
reference.









 









 







IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have caused this
Amendment Agreement to be executed as of the date first set forth above.




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Company	 	 	 	Purchaser	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	REDGATE MEDIA GROUP,	 	 	 	THE GLADIATOR FUND,	 	 
	A Cayman Islands corporation	 	 	 	A Cayman Islands corporation	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	By:	 	/s/ Peter Bush Brack	 	 	 	By:	 	/s/ Paul Pheby	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 

	 	Name:
	 	Peter Bush Brack
	 	 	 	 	 	Name:
	 	Paul Pheby	 	 
	 

	 	Title:
	 	Chairman & CEO
	 	 	 	 	 	Title:
	 	Director	 	 






 









 






EXHIBIT A




SHAREHOLDERS AGREEMENT



[See Exhibit 4.3.5]
#### The People of the State of New York, Respondent, v Gregg M. Gagnier, Appellant.

[813 NYS2d 685]

Appeal from a judgment of the County Court of Clinton County (McGill, J.), rendered November 5, 2004, which revoked defendant’s probation and imposed a sentence of imprisonment.

Defendant was convicted in August 2002 of criminal possession of a weapon in the fourth degree and was sentenced to a three-year period of probation. In September 2004, he was charged with violating the terms of his probation by failing to meet with his probation officer, working outside Clinton County without authorization and smoking marihuana. Defendant subsequently admitted to violating the terms of his probation. County Court did not agree to impose any particular sentence, but defendant was advised that he could receive up to one year in jail. In November 2004, County Court revoked defendant’s probation and sentenced him to a jail term of six months. He now appeals.

Inasmuch as defendant has already served his six-month jail term, his challenge to the severity of the sentence is moot *(see People v La Motte,*285 AD2d 814, 817 [2001]; *People v Durham,*248 AD2d 820, 823 [1998], *lv denied*91 NY2d 972 [1998]). Accordingly, the appeal must be dismissed.

Crew III, J.P., Carpinello, Mugglin, Lahtinen and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.
#### In the Matter of Betty Karl, Respondent, v New Venture Gear et al., Appellants. Workers’ Compensation Board, Respondent.

Submitted October 9, 2007;

decided December 18, 2007

Reported below, 41 AD3d 1024, 2007 NY Slip Op 77195(U).

Motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument or, in the alternative, leave to appeal to the Court of Appeals, dismissed upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied.
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 17 - 0033 STATE OF MONTANA,

Plaintiff and Appellee,
v. SHANE CLARK JOHNSON,

Defendant and Appellant.

ORDER Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including April 20 , 2020 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

March 10 2020

03/10/2020

Case Number: DA 17-0033
Subpart 922.1 - Basic Labor Policies

Parent topic: PART 922 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION

922.103 Overtime.

922.103-4 Approvals.

(d)

(1) Where the cost to the Government may be affected, approval of hours of work in excess of the

normal workweek is justified only in those instances and for those employees where it can be shown

that overtime would provide needed and demonstrable impetus to the accomplishment of

Department of Energy (DOE) objectives and that all other means of meeting these objectives have

been considered and found inadequate or not feasible. Accordingly, the Heads of Contracting

Activities shall -

(i) Establish controls to prevent excess casual overtime and to assure that such overtime work is in

the best interest of the Government. Casual overtime means -

(A) Work in excess of the normal workweek (or in excess of an authorized extended workweek)

which cannot be regularly scheduled in advance; or

(B) Regularly scheduled work in excess of the normal workweek for a period of four consecutive

weeks or less; and

(ii) Establish controls to assure that any use of any extended workweek schedule is in the best

interest of the Government. Extended workweek means a workweek regularly scheduled and

established in excess of the normal workweek for a period in excess of four consecutive weeks.

922.103-5 Contract clauses.

In accordance with 48 CFR 22.101-1(e) and 48 CFR 22.103-5, the contracting officer shall insert the

clause at 48 CFR 52.222-1, Notice to the Government of Labor Disputes, in all solicitations and

contracts for protective services at DOE owned facilities requiring continuity of services for public

safety and national security reasons. The contracting officer may insert this clause in other

solicitations and contracts where a significant need for continuity in contract performance exists.

See subpart 937.70, Protective Services Contracting, for additional policy guidance regarding

protective services.