alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Total Coverage Agency, Inc., Appellant. Commissioner of Labor, Respondent.

[815 NYS2d 341]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 14, 2004, which assessed penalties against Total Coverage Agency, Inc. pursuant to Tax Law § 685 (v) (1).

Total Coverage Agency, Inc. (hereinafter TCA) failed to file quarterly combined withholding, wage reporting and unemployment insurance returns (NYS-45 forms) for eight quarters in 2001, 2002 and 2003. Finding that there was not reasonable cause for the failure to file the NYS-45 forms, the Unemployment Insurance Appeal Board sustained an assessment of penal*1237ties pursuant to Tax Law § 685 (v) (1) in the amount of $8,000. TCA appeals, contending that there was reasonable cause for its failure to timely file the NYS-45 forms and, thus, the penalties should not have been imposed.

Tax Law § 685 (v) (1) imposes a minimum penalty of $1,000 per failure to file a NYS-45 form, “unless it is shown that such failure is due to reasonable cause and not due to willful neglect” (Tax Law § 685 [v] [1] [A] [i]; *see Matter of McGaughey v Urbach,*268 AD2d 802, 803 [2000]). Here, TCA’s president and sole employee testified that he relied completely upon TCA’s accountant to complete and file the NYS-45 forms. The accountant, although aware of the filing requirements, neglected to file the forms because he was preoccupied by stressful events in his personal life. Reliance upon erroneous professional advice, however, does not constitute reasonable cause to justify abatement of the tax penalties *(see Matter of Schibuk v New York State Tax Appeals Trib.,*289 AD2d 718, 721 [2001], *lv dismissed*98 NY2d 720 [2002] [applying the same statute]; *Matter of Gordon v Tax Appeals Trib.,*243 AD2d 828, 830-831 [1997] [same]).

Mercure, J.P., Crew III, Spain, Mugglin and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.
EXHIBIT 31.2

CERTIFICATION

Required by Rule 13a-14(a)



I, Irving L. Smith, certify that:



1.

I have reviewed this Quarterly Report on Form 10-Q of Fountain Powerboat Industries, Inc.;



2.

Based on my knowledge, this 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 report;



3.

Based on my knowledge, the financial statements, and other financial information included in this 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 report;



4.

The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a 15(e) and 15d 15(e)) for the registrant and have:



a.

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, 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 report is being prepared;



b.

Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and



c.

Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5.

The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):



a.

All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and



b.

Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.



|                        |  |     |                         | 
|----------------------- |  | --- | ----------------------- | 
|Date: February 14, 2008 |  | By: | /s/ Irving L. Smith     | 
|                        |  |     | Irving L. Smith         | 
|                        |  |     | Chief Financial Officer |
###### Editorial Note on Part 34

#### Editorial Note:

Nomenclature changes to part 34 appear at 79 FR 75739, Dec. 19, 2014.

#### § 34.5 Interpretations.

Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission, other than a written interpretation by the General Counsel, will be recognized to be binding upon the Commission.
Exhibit
32








Certification


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


(Subsections
(a) and (b) of Section 1350, Chapter 63 of Title 18, United States
Code)








Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code), each of the
undersigned officers of FNB United Corp., a North Carolina corporation (the
“Corporation”), does hereby certify that:





The
Quarterly Report on Form 10-Q for the quarter ended March 31, 2008 (the “Form
10-Q”) of the Corporation fully complies with the requirements of section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and information contained in the
Form 10-Q fairly presents, in all materials respects, the financial condition
and results of operations of the Corporation.








Date:
            May
      12, 2008
            /s/Michael
      C. MillerMichael
      C. MillerChief
      Executive OfficerDate:
            May
      12, 2008
            /s/Mark
      A. SeversonMark
      A. SeversonChief
      Financial Officer








The
foregoing certification is being furnished solely pursuant to section 906 of the
Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63
of title 18, United States Code) and is not being filed as part of the Form 10-Q
or as a separate disclosure document.
PART 737 [RESERVED]

Parent topic: SUBCHAPTER F—SPECIAL CATEGORIES OF CONTRACTING
1

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

BERYL JACKSON, TRACEY MARTIN,

LISA PITCHFORD, KIMBERLY LOVE,

PLAINTIFFS,

v.

U.S. FOODSERVICE, INC. and U.S.

FOODSERVICE, INC. -

MONTGOMERY DIVISION,

Defendants.

)

)

)

)

)

) CIVIL ACTION NO.:

)

) 2:06cv785-MHT

)

)

)

)

)

)

)

)

MOTION TO WITHDRAW

NOW COME, the undersigned, Maury S. Weiner, to withdraw as counsel for

Plaintiffs. In support of this Motion, Plaintiffs state as follows:

1. Attorney Maury S. Weiner is no longer with the law firm of Wiggins, Childs,

Quinn & Pantazis, LLC.

2. Attorney Jon C. Goldfarb and the firm of Wiggins, Childs, Quinn & Pantazis,

LLC will continue to represent Plaintiffs in this action.

WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully request that this

Honorable Court allow Maury S. Weiner to withdraw from the instant action.

Case 2:06-cv-00785-MHT-WC Document 73 Filed 03/03/2008 Page 1 of 2
2

Respectfully submitted,

s/ Maury S. Weiner

Jon C. Goldfarb

Maury S. Weiner

Ethan R. Dettling

Counsel for Plaintiff

OF COUNSEL:

WIGGINS, CHILDS, QUINN & PANTAZIS, LLC

The Kress Building

301 19

th Street North

Birmingham, AL 35203

Telephone No.: (205) 314-0500

Facsimile No.: (205) 254-1500

CERTIFICATE OF SERVICE

I do hereby certify that I have on February 20, 2008, filed the foregoing with the

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

the following:

Tammy L. Baker, Esq.

Jackson Lewis, LLP

First Commercial Bank Building

800 Shades Creek Parkway Suite 870

Birmingham, Alabama 35209

Facsimile No.: (205)332-3131

s/Maury S. Weiner

OF COUNSEL

Case 2:06-cv-00785-MHT-WC Document 73 Filed 03/03/2008 Page 2 of 2
###### Editorial Note on Part 1045

#### Editorial Notes:Nomenclature changes to part 1045 appear at 88 FR 41294, June 26, 2023, and 88 FR 82238, Nov. 24, 2023.

§ 1045.65 What are the responsibilities of a person with access to RD, FRD, or TFNI, if they see information in the open literature that they think is RD, FRD, or TFNI?

Editorial Notes:

Nomenclature changes to part 1045 appear at 88 FR 41294, June 26, 2023, and 88 FR 82238, Nov. 24, 2023.

(a) A person with access to RD, FRD, or TFNI, must not confirm or expand upon the classification status or technical accuracy of information in the open literature that is RD, FRD, or TFNI or suspected to be RD, FRD, or TFNI. Commenting on such information can cause greater damage to national security by confirming its location, classified nature, or technical accuracy.

(b) Because the open literature may contain information that is still classified as RD, FRD, or TFNI, a person who has access to RD, FRD, or TFNI who incorporates information from the open literature that is potentially classified as RD, FRD, or TFNI into matter must ensure the matter is reviewed as required under § 1045.125 to ensure the information incorporated is not classified.
§ 430.50 Purpose and scope. ( a ) This subpart establishes procedures for the submission and disposition of applications filed by manufacturers of covered consumer products with annual gross revenues that do not exceed $8 million to exempt them temporarily from all or part of energy conservation standards or water conservation standards (in the case of faucets, showerheads, water closets, and urinals) established by this part.
( b ) The purpose of this subpart is to provide content and format requirements for manufacturers of covered consumer products with low annual gross revenues who desire to apply for temporary exemptions from applicable energy conservation standards or water conservation standards (in the case of faucets, showerheads, water closets, and urinals) .
[54 FR 6080, Feb. 7, 1989, as amended at 63 FR 13319, Mar. 18, 1998]
1219.7000 General.       (a) The Small Business Administration provides general oversight to Federal mentor-protégé programs. However, DOT has its own program tailored to assist small business concerns in the transportation industry to enhance their capability to compete for Federal procurement opportunities. The program is administered by the DOT Office of Small and Disadvantaged Business Utilization (OSDBU) at *https://www.transportation.gov/osdbu/procurement-assistance/mentor-prot....*          (b) Small business concerns and large DOT prime contractors are encouraged to participate in the Department's Mentor-Protégé Program. Mentor firms provide eligible small business Protégé firms with developmental assistance to enhance their business capabilities and ability to obtain Federal contracts.          (c) Mentor firms are eligible small businesses and large DOT prime contractors or other socioeconomic firms capable of providing developmental assistance. Protégé firms are small businesses as defined in 13 CFR part 121.          (d) Developmental assistance is technical, managerial, financial, and other mutually beneficial assistance that assists Protégé firms. The costs for developmental assistance will not be reimbursed to the Mentor firm.          (e) Mentor and Protégé firms shall submit an evaluation of the overall experience in the program to OSDBU at the conclusion of the agreement or the voluntary withdrawal by either party from the program, whichever occurs first. At the end of each year, the Mentor and Protégé firms will submit a report regarding program accomplishments under their agreement.          (f) Mentor or Protégé firms shall notify OSDBU in writing, at least 30 calendar days in advance of the effective date of the firm's withdrawal from the program.    **Parent topic:** Subpart 1219.70—DOT Mentor-Protégé Program
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 418 Introduced in House (IH)]

109th CONGRESS
  1st Session
H. RES. 418

 Requesting the President to transmit to the House of Representatives 
     not later than 14 days after the date of the adoption of this 
resolution documents in the possession of the President relating to the 
    disclosure of the identity and employment of Ms. Valerie Plame.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2005

   Mr. Holt (for himself, Mr. Inslee, Mr. Grijalva, Mr. Conyers, Mr. 
 Kucinich, Mr. Tierney, Mr. McDermott, Mr. Ackerman, Mr. DeFazio, Mr. 
Hinchey, Mr. Delahunt, Mr. Doyle, Mr. Udall of Colorado, Mr. Visclosky, 
   Mr. McGovern, Mr. Pallone, Ms. Lee, and Ms. Matsui) submitted the 
  following resolution; which was referred to the Select Committee on 
                    Intelligence (Permanent Select)

_______________________________________________________________________

                               RESOLUTION

 
 Requesting the President to transmit to the House of Representatives 
     not later than 14 days after the date of the adoption of this 
resolution documents in the possession of the President relating to the 
    disclosure of the identity and employment of Ms. Valerie Plame.

    Resolved, That the President is requested to transmit to the House 
of Representatives not later than the date that is 14 days after the 
date of the adoption of this resolution, all documents, including 
telephone and electronic mail records, logs and calendars, personnel 
records, and records of internal discussions in the possession of the 
President relating to the disclosure of the identity of Ms. Valerie 
Plame as an employee of the Central Intelligence Agency during the 
period beginning on May 6, 2003, and ending on July 31, 2003.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> U.S DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                          38,529
<SECURITIES>                                         0
<RECEIVABLES>                                   73,638
<ALLOWANCES>                                    51,940
<INVENTORY>                                    527,465
<CURRENT-ASSETS>                               791,575
<PP&E>                                         849,216
<DEPRECIATION>                                 351,418
<TOTAL-ASSETS>                               2,076,374
<CURRENT-LIABILITIES>                        2,040,808
<BONDS>                                      2,931,336
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    432,330
<COMMON>                                        16,836
<OTHER-SE>                                 (3,484,532)
<TOTAL-LIABILITY-AND-EQUITY>                 2,076,374
<SALES>                                         40,025
<TOTAL-REVENUES>                                40,025
<CGS>                                           50,669
<TOTAL-COSTS>                                   50,669
<OTHER-EXPENSES>                               285,446
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              24,225
<INCOME-PRETAX>                               (62,081)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (62,081)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (62,081)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

GEORGE PARKER, #140 922, )

)

Plaintiff, )

 )

v. ) Civil Action No. 2:06cv649-WHA

) (WO) 

GWENDOLYN GIVENS, et al., )

)

Defendants. )

ORDER

The Magistrate Judge filed a Recommendation (Doc. #32) in this case to which no

timely objections have been filed. After a review of the Recommendation, and after an

independent review of the entire record, the Court finds that the Recommendation should be

adopted. Accordingly, it is 

ORDERED that the RECOMMENDATION (Doc. #32) of the Magistrate Judge is

ADOPTED. Defendants’ Motion for Summary Judgment (Doc. #12) is GRANTED for the

reasons stated in the Magistrate Judge’s Recommendation. Plaintiff’s complaint pursuant

to 42 U.S.C. § 1983 is DISMISSED with prejudice. An appropriate judgment will be

entered.

DONE this 27th day April, 2009.

/s/ W. Harold Albritton 

W. HAROLD ALBRITTON

SENIOR UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00649-WHA-WC Document 34 Filed 04/27/09 Page 1 of 1
#### In the Matter of Gerhard H. Roberts et al., Respondents, v. Board of Elections for the County of Suffolk et al., Respondents, and Vincent J. Hand, Appellant.

In a proceeding to validate petitions designating petitioners, Gerhard H. Roberts and Ingeborg F. Roberts, as candidates in the Democratic Party Primary Election to be held on June 23, 1970 for the Party position of Member of the County Committee for the 26th Election District, Third Assembly District, Town of Islip, Suffolk County, the appeal is by an objector from a judgment of the Supreme Court, Suffolk County, entered June 4, 1970, which validated said designating petitions, overruled the objections and directed that petitioners’ names be placed on the ballot. Judgment affirmed, without costs. No opinion. Christ, P. J., Hopkins, Martuscello, Brennan and Benjamin, JJ., concur.
#### Robert Smith, Individually and as Parent and Natural Guardian of Gary Smith, an Infant, Respondent, v. Mary Fahey et al., Appellants.

(Appeal No. 4.)

— Judgment and order unanimously modified on the law in accordance with the memorandum herein, and as so modified affirmed, without costs. Same memorandum as in *Liggett*v. *Fahey*(34 A D 2d 886). (Appeal from judgment and order of Onondaga Supreme Court, in declaratory judgment action.) Present — Del Vecchio, J. P., Witmer, Gabrielli and Henry, JJ.
ANNUAL STATEMENT OF COMPLIANCE







Reference
is hereby made to that certain Pooling and Servicing Agreement dated as of March 1, 2013, by and among DEUTSCHE MORTGAGE &
ASSET RECEIVING CORPORATION, as Depositor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Master Servicer, WELLS FARGO BANK, NATIONAL
ASSOCIATION, as Special Servicer, U.S. BANK NATIONAL ASSOCIATION, as Trustee, and DEUTSCHE BANK AND TRUST COMPANY AMERICAS, as
Certificate Administrator, Paying Agent and Custodian with respect to Commercial Mortgage Pass-Through Certificates, Series COMM
2013-CCRE6 (the “Agreement”). Capitalized terms used herein not otherwise defined shall have the meanings assigned
in the Agreement.



Pursuant
to Section 10.11 of this Agreement, I, Lea Land, Director of Commercial Mortgage Services do hereby certify that:



| | 1. | A review of the activities of the Special Servicer during the period from
January 1, 2014 through December 31, 2014 (the “Reporting Period”), and of its performance per the Agreement during
such period has been made under my supervision, and
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | To the best of my knowledge, based on such review, the Special Servicer
has fulfilled all of its obligations under this Agreement in all material respects throughout the Reporting Period.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------





IN
WITNESS WHEREOF, the undersigned has executed this Certificate as of the 6thday of March
2015.













Lea
Land, Director

Wells Fargo Bank















|Wells Fargo Bank, N.A. |  | 
|---------------------- |  |
§ 39.71 Security. ( a ) A logging supervisor must be physically present at a temporary jobsite whenever licensed materials are being handled or are not stored and locked in a vehicle or storage place. The logging supervisor may leave the jobsite in order to obtain assistance if a source becomes lodged in a well.
( b ) During well logging, except when radiation sources are below ground or in shipping or storage containers, the logging supervisor or other individual designated by the logging supervisor shall maintain direct surveillance of the operation to prevent unauthorized entry into a restricted area, as defined in § 20.1003 of this chapter.
[52 FR 8234, Mar. 17, 1987, as amended at 63 FR 39483, July 23, 1998]
Subpart 2027.3 - Patent Rights Under

Government Contracts

Parent topic: PART 2027 - PATENTS, DATA, AND COPYRIGHTS

2027.305-3 Follow-up by Government.

(a) The contracting officer shall, as a part of the closeout of a contract, require each contractor to

report any patents, copyrights, or royalties attained using any portion of the contract funds in

writing.

(b) If no activity is to be reported, the contractor shall provide the following written determination

before final payment and closeout of the contract:

(1) No inventions or discoveries were made,

(2) No copyrights were secured, produced, or composed,

(3) No notices or claims of patent or copyright infringement have been received by the contractor or

its subcontractors; and

(4) No royalty payments were directly involved in the contract or reflected in the contract price to

the Government, nor were any royalties or other payments paid or owed directly to others.

(c) The contracting officer may waive any of the requirements in paragraphs (b)

(1) through (4) of this section, after documenting the file to indicate the -

(1) Impracticality of obtaining the document(s); and

(2) Steps taken to attempt to obtain them.

(d) The contracting officer shall notify agency legal counsel responsible for patents whenever a

contractor reports any patent, copyright, or royalty activity. The contract officer shall document the

official file with the resolution to protect the Government's rights before making any final payment

and closing out the contract.

2027.305-70 Solicitation provisions and contract clauses.

The contracting officer shall insert the clause at 2052.227-70, Drawings, Designs, Specifications,

and Data, in all solicitations and contracts in which drawings, designs, specifications, or other data

will be developed and the NRC is required to retain full rights to them (except for the contractor's

right to retain a copy for its own use). When any of the clauses prescribed at FAR 27.409,

Solicitation Provisions and Contract Clauses, are included in the solicitation/contract, this clause will

not be used.