alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jon Rubensccastro, Respondent, v Stephanie Alfaro et al., Appellants, and Annette Ruiz et al., Respondents.

[815 NYS2d 514]

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered January 24, 2005, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The *437Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

This is a personal injury action which arises out of a motor vehicle accident that occurred on September 11, 2002. Plaintiff Jon Rubensccastro was a passenger in a vehicle owned by defendants Annette and Victor Ruiz. The vehicle was struck by a car owned and operated by defendants-appellants Stephanie and Hilda Alfaro.

In May 2003, plaintiff was examined by Dr. Shields who concluded that plaintiff suffered a permanent injury. It is uncontested that plaintiff has received no medical treatment in the three years since he was seen by Dr. Shields.

The Court of Appeals has often stated that the “legislative intent underlying the No-Fault Law was to weed out frivolous claims and limit recovery to significant injuries” *(Toure v Avis Rent A Car Sys.,*98 NY2d 345, 350 [2002], quoting *Dufel v Green,*84 NY2d 795, 798 [1995]). The issue of whether a claimed injury falls within the statutory definition of a “serious injury” is a question of law for the courts in the first instance, which may be decided on a motion for summary judgment *(Licari v Elliott,*57 NY2d 230, 237 [1982]; *Martin v Schwartz,*308 AD2d 318, 319 [2003]).

Once the proponent of a motion for summary judgment has set forth a prima facie case that the claimed injury is not serious, the burden shifts to the plaintiff to demonstrate, by the submission of objective proof of the nature and degree of the injury, that he/she did sustain such an injury, or that there are questions of fact as to whether the purported injury was “serious” (T*oure,*98 NY2d at 350; *Cortez v Manhattan Bible Church,*14 AD3d 466, 467 [2005]; *Martin v Schwartz, supra).*

However, “even where there is objective medical proof, when additional contributory factors interrupt the chain of causation between the accident and claimed *injury—such as a gap in treatment . . .*summary dismissal of the complaint may be appropriate” (P*ommells v Perez,*4 NY3d 566, 572 [2005] [emphasis added]).

In the instant case, plaintiffs expert fails to explain or even address the more than 18-month gap in medical treatment. This failure is fatal to plaintiffs case under *Pommells.*Therefore, defendants’ motion for summary judgment must be granted and the action dismissed *(Perez v Rodriquez,*25 AD3d 506 [2006]; *Toussaint v Claudio,*23 AD3d 268 [2005]). Concur—Tom, J.P., Friedman, Sullivan, Gonzalez and Catterson, JJ.
#### § 60.160 General requirements.

Operations of systems and components that have been identified as important to safety in the Safety Analysis Report and in the license shall be performed only by trained and certified personnel or by personnel under the direct visual supervision of an individual with training and certification in such operation. Supervisory personnel who direct operations that are important to safety must also be certified in such operations.
#### § 60.162 Physical requirements.

The physical condition and the general health of personnel certified for operations that are important to safety shall not be such as might cause operational errors that could endanger the public health and safety. Any condition which might cause impaired judgment or motor coordination must be considered in the selection of personnel for activities that are important to safety. These conditions need not categorically disqualify a person, so long as appropriate provisions are made to accommodate such conditions.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     PLM Equipment Growth Fund 2
</LEGEND>
<CIK>                         0000812072
<NAME>                        PLM Equipment Growth Fund 2
<MULTIPLIER>                                   1,000
<CURRENCY>                                     US

<S>                             <C>
<PERIOD-TYPE>                   9-mos
<FISCAL-YEAR-END>                              Dec-31-1999
<PERIOD-START>                                 Jan-1-1999
<PERIOD-END>                                   Sep-30-1999
<EXCHANGE-RATE>                                1
<CASH>                                         1,033
<SECURITIES>                                   0
<RECEIVABLES>                                  837
<ALLOWANCES>                                   (99)
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         33,218
<DEPRECIATION>                                 (26,031)
<TOTAL-ASSETS>                                 9,487
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     8,458
<TOTAL-LIABILITY-AND-EQUITY>                   9,487
<SALES>                                        0
<TOTAL-REVENUES>                               4,675
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               3,653
<LOSS-PROVISION>                               13
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                600
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            600
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   600
<EPS-BASIC>                                  0.06
<EPS-DILUTED>                                  0.06



</TABLE>
1236.570 Special precautions for work at operating airports.       Where any acquisition will require work at an operating airport, insert the clause at 1252.236–70, Special Precautions for Work at Operating Airports, in solicitations and contracts.    **Parent topic:** Subpart 1236.5—Contract Clauses
IV 

House Calendar No. 42 

109TH CONGRESS 

1ST SESSION H. RES. 291 

[Report No. 109–94] 

Providing for consideration of the bill (H.R. 2419) making appropriations 

for energy and water development for the fiscal year ending September 

30, 2006, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2005 

Mr. LINCOLN DIAZ-BALART, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered 

to be printed 

RESOLUTION 

Providing for consideration of the bill (H.R. 2419) making 

appropriations for energy and water development for the 

fiscal year ending September 30, 2006, and for other 

purposes. 

1 Resolved, That at any time after the adoption of this 

2 resolution the Speaker may, pursuant to clause 2(b) of 

3 rule XVIII, declare the House resolved into the Committee 

4 of the Whole House on the state of the Union for consider5 ation of the bill (H.R. 2419) making appropriations for 
2 

HRES 291 RH 

1 energy and water development for the fiscal year ending 

2 September 30, 2006, and for other purposes. The first 

3 reading of the bill shall be dispensed with. All points of 

4 order against consideration of the bill are waived. General 

5 debate shall be confined to the bill and shall not exceed 

6 one hour equally divided and controlled by the chairman 

7 and ranking minority member of the Committee on Appro8 priations. After general debate the bill shall be considered 

9 for amendment under the five-minute rule. Points of order 

10 against provisions in the bill for failure to comply with 

11 clause 2 of rule XXI are waived except for section 104. 

12 Where points of order are waived against part of a para13 graph, points of order against a provision in another part 

14 of such paragraph may be made only against such provi15 sion and not against the entire paragraph. During consid16 eration of the bill for amendment, the Chairman of the 

17 Committee of the Whole may accord priority in recognition 

18 on the basis of whether the Member offering an amend19 ment has caused it to be printed in the portion of the Con20 gressional Record designated for that purpose in clause 

21 8 of rule XVIII. Amendments so printed shall be consid22 ered as read. When the committee rises and reports the 

23 bill back to the House with a recommendation that the 

24 bill do pass, the previous question shall be considered as 

25 ordered on the bill and amendments thereto to final pas-
3 

HRES 291 RH 

1 sage without intervening motion except one motion to re2 commit with or without instructions. 
House Calendar No. 42 

109TH CONGRESS 

1ST SESSION H. RES. 291 

[Report No. 109–94] 

RESOLUTION 

Providing for consideration of the bill (H.R. 2419) 

30, 2006, and for other purposes. velopment for the fiscal year ending September making appropriations for energy and water deMAY 23, 2005 

Referred to the House Calendar and ordered to be 

printed
<SEQUENCE>3
<FILENAME>fountain10q1203exh311.txt


EXHIBIT 31.1
CERTIFICATION

Required by Rule 13a-14(a)

I, Reginald M. Fountain, Jr., 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 13, 2003


/s/Reginald M. Fountain, Jr.
Reginald M. Fountain, Jr.
President and Chief Executive Officer
PGI 213.201 General.       (g)(i) The higher micro-purchase thresholds in FAR 13.201(g) are authorized for purchases that have a clear and direct relationship to the support of a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq.; or to support response to an emergency or major disaster (42 U.S.C. 5122).          (ii) "United States," as used in this section, is defined in FAR 2.101(b).          (iii) Except as provided in paragraph (iv) of this section, the following tables illustrate the micro-purchase threshold based on the physical location of the Government purchaser and, for services, the place of performance:          (A) For supplies—          Government Purchaser Physical Location                      Authorized Micro-Purchase ThresholdInside United States                      $20,000Outside United States                      $35,000(B) For services—          Government Purchaser Physical Location                      Place of                         Performance                      Authorized                         Micro-Purchase ThresholdInside United States                      Inside or outside United States                      $20,000Outside United States                      Inside United States                      $20,000Outside United States                      Outside United States                      $35,000(iv)(A) Unless authorized by statute, Government purchasers physically located inside the United States are prohibited from using the micro-purchase threshold authorized for purchases made and/or with a place of performance outside the United States.          (B) The micro-purchase threshold for acquisitions subject to 41 U.S.C. chapter 67, Service Contract Labor Standards, remains $2,500.          (C) The $2,000 micro-purchase threshold for acquisitions of construction subject to 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction), remains unchanged in the event of a declared contingency operation; a cyber, nuclear, biological, chemical, or radiological attack; a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq.; or an emergency or major disaster (42 U.S.C. 5122), regardless of the criteria described above.          (D) The micro-purchase thresholds in paragraph (g)(iii) of this section are not authorized for acquisitions supporting humanitarian or peacekeeping operations.    **Parent topic:** PGI 213.2 -ACTIONS AT OR BELOW THE MICRO-PURCHASE THRESHOLD
Exhibit
32.1



CERTIFICATION
PURSUANT TO

18
U.S.C. SECTION 1350,

AS
ADOPTED PURSUANT TO

SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002



The
undersigned hereby certifies, in his capacity as an officer of Next Graphite, Inc. (the “Company”), for the purposes
of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his knowledge:



(1)
 The Annual Report of the Company on Form 10-K for the fiscal year ended December 31, 2014 fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



(2)
 The information contained in the Report fairly presents, in all material respects, the financial condition and results of
operations of the Company.



Dated: March
31, 2015



|/s/ Charles
    C. Bream III                                                                                                                                                                                              | 
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | 
|Charles
        C. Bream III
        Chief
        Executive Officer, Chief Financial Officer,
Treasurer and Director (principal executive officer,
principal financial officer
        and principal accounting officer) | 



A
signed original of this written statement required by Section 906 has been provided to Next Graphite, Inc. and will be retained
by Next Graphite, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT
32.1




CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350 (AS ADOPTED


PURSUANT
TO SECTION 906 OF THE


SARBANES-OXLEY
ACT OF 2002)





In
connection with the Amendment No. 1 to the Quarterly Report of Sionix
Corporation (the “Company”) on Form 10-Q for the period ended December 31,
2008, as filed with the Securities and Exchange Commission on the date hereof
(the “Report”), I, James R. Currier, Chief Executive Officer of the Company,
certify to my knowledge and in my capacity as an officer of the Company,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:




1.
            The
      Report fully complies with the requirements of Section 13(a) or 15(d)
      of the Securities Exchange Act of 1934, as amended;
  and,




2.
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the Company
      as of the dates and for the periods expressed in the
    Report.




Date:
January 13, 2010




/s/
      James R. CurrierJames
      R. CurrierChief
      Executive Officer and Principal Executive Officer




A
certification furnished pursuant to this Item will not be deemed “filed” for
purposes of section 18 of the Exchange Act (15 U.S.C. 78r), or otherwise subject
to the liability of that section. Such certification will not be deemed to be
incorporated by reference into any filing under the Securities Act or the
Exchange Act, except to the extent that the registrant specifically incorporates
it by reference.
#### § 590.203 Deficient applications.

If an application is incomplete or otherwise deemed deficient, the Assistant Secretary or the Assistant Secretary's delegate may require the applicant to submit additional information or exhibits to remedy the deficiency. If the applicant does not remedy the deficiency within the time specified by the Assistant Secretary or the Assistant Secretary's delegate, the application may be dismissed without prejudice to refiling at another time.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

# DATES:

Written comments should be received on or before February 22, 2011 to be assured of consideration.

## HR Connect

*OMB Number:*                     1505-0225.                

*Type of Review:*                     Renewal.                

*Title:*                     Information on Processing Garnishment Orders.                

*Description:*                     On April 19, 2010 Treasury, SSA, VA, RRB and OPM published a proposed rule to implement statutory restriction on the garnishment of Federal benefits. The Agencies took this action to alleviate the hardships being experienced by recipients of Federal benefit payments, which are statutorily exempt from garnishment, and to establish procedures for financial institutions to follow so that they are not compelled to freeze funds in an account as a result of the receipt of a court ordered garnishment. This collection of information is needed so that Treasury can gain a thorough understanding of the existing processing of court ordered garnishments served specifically on credit unions. The information obtained is necessary to devise a workable solution that balances the interests of individuals receiving federal benefit payments, which are statutorily exempt from garnishment, and financial institutions which provide deposit accounts.                

*Respondents:*                     Businesses or other for-profit institutions, and not-for-profit institutions.                

*Estimated Total Reporting Burden:*                     260 hours.                

*Agency Contact:*                     Barbara Wiss, (202) 622-5034, Room 1054, 1500 Pennsylvania Avenue, Washington, DC 20220.                

Robert Dahl,

Treasury PRA Clearance Officer.

[FR Doc. 2010-32002 Filed 12-20-10; 8:45 am]

BILLING CODE 4810-25-P
Editorial Note on Part 51
Editorial Note: Nomenclature changes to part 51 appear at 80 FR 74980, Dec. 1, 2015.

§ 51.16 Proprietary information. ( a ) Proprietary information, such as trade secrets or privileged or confidential commercial or financial information, will be treated in accordance with the procedures provided in § 2.390 of this chapter.
( b ) Any proprietary information which a person seeks to have withheld from public disclosure shall be submitted in accordance with § 2.390 of this chapter. When submitted, the proprietary information should be clearly identified and accompanied by a request, containing detailed reasons and justifications, that the proprietary information be withheld from public disclosure. A non-proprietary summary describing the general content of the proprietary information should also be provided.
[69 FR 2276, Jan. 14, 2004]
#### The People of the State of New York, Respondent, v Arminio Amato, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered January 18, 1977, convicting him of criminal sale of a controlled substance in the fifth degree, upon a plea of guilty, and imposing sentence. Judgment affirmed. We have reviewed the record and agree with defendant’s assigned counsel that there are no meritorious issues which could be raised on this appeal. Counsel’s application for leave to withdraw as counsel is granted (see Anders *v California,*386 US *738; People v Paige,*54 AD2d 631; cf. *People v Gonzalez,*47 NY2d 606). Mollen, P. J., Mangano, Margett and Weinstein, JJ., concur.