alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1048 

CA 11-00506 

PRESENT: FAHEY, J.P., PERADOTTO, LINDLEY, SCONIERS, AND GREEN, JJ. 

 

IN THE MATTER OF ERIN DEVOGELAERE, 

PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER

WEBSTER ZONING BOARD OF APPEALS, 

RESPONDENT-RESPONDENT. 

 

THE ANDERSON LAW FIRM, P.C., ROCHESTER (RICHARD F. ANDERSON OF

COUNSEL), FOR PETITIONER-APPELLANT. 

CHARLES J. GENESE, TOWN ATTORNEY, WEBSTER, FOR RESPONDENT-RESPONDENT.

Appeal from a judgment of the Supreme Court, Monroe County (David

Michael Barry, J.), entered January 14, 2011 in a proceeding pursuant

to CPLR article 78. The judgment dismissed the petition. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed without costs.

Memorandum: Petitioner owns property in the Town of Webster

(Town) located in a Large Lot Single Family Residential District. 

Beginning in 2007, she rented the property for periods ranging from

one night to approximately three months. In 2010 the Town amended its

zoning ordinance to prohibit transient rental, i.e, “[r]ental of a

dwelling unit for a period of less than 28 continuous days” (Code of

the Town of Webster § 225-3; see § 225-80 [B]). Petitioner commenced

this CPLR article 78 proceeding seeking, inter alia, to annul the

determination denying her “application to appeal” from the

determination of the Town’s Code Enforcement Official that her use of

the property for transient rentals was not permitted and directing her

to cease the offending use.

Supreme Court properly dismissed the petition. “ ‘[A] zoning

board’s interpretation of its zoning ordinance is entitled to great

deference . . . and judicial review is generally limited to

ascertaining whether [its] action was illegal, arbitrary and

capricious, or an abuse of discretion’ ” (Matter of Falco Realty, Inc.

v Town of Poughkeepsie Zoning Bd. of Appeals, 40 AD3d 635, 636, lv

denied 9 NY3d 807). Here, respondent reasonably determined that

petitioner’s serial rental of the subject property was prohibited

under the zoning ordinance and that it did not constitute a legal

nonconforming preexisting use, and thus petitioner had no right to

continue such use (see generally Matter of Marino v Town of Smithtown,
-2- 1048 

CA 11-00506 

61 AD3d 761, 762; Matter of Quatraro v Village of Kenmore Zoning Bd.

of Appeals, 277 AD2d 1001).

Entered: September 30, 2011 Patricia L. Morgan

Clerk of the Court
# EUR-Lex - 31991D0400 - EN

Avis juridique important

*|*

# 31991D0400

**91/400/ECSC, EEC: Decision of the Council and the Commission of 25 February 1991 on the conclusion of the fourth ACP-EEC Convention **

*
Official Journal L 229 , 17/08/1991 P. 0001 - 0002 Finnish special edition: Chapter 11 Volume 17 P. 0057 Swedish special edition: Chapter 11 Volume 17 P. 0057 *

DECISION OF THE COUNCIL AND THE COMMISSION

of 25 February 1991

on the conclusion of the Fourth ACP-EEC Convention

(91/400/ECSC, EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Coal and Steel Community,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 238 thereof,

Having regard to the assent of the European Parliament (1),

Whereas the Fourth ACP-EEC Convention, signed in Lomé on 15 December 1989, should be approved,

HAVE DECIDED AS FOLLOWS:

Article 1

The Fourth ACP-EEC Convention, the Protocols and declarations annexed thereto and the declarations attached to the Final Act are hereby approved on behalf of the European Coal and Steel Community and the European Economic Community.

The texts of the Convention, the Protocols and declarations annexed thereto and the Final Act are attached to this Decision.

Article 2

The President of the Council shall, as regards the European Coal and Steel Community and the European Economic Community, deposit the act of notification provided for in Article 360 of the Convention.

Done at Brussels, 25 February 1991.

For the Council

For the Commission

The President

The President

J.-C. JUNCKER

Jacques DELORS

(1) OJ No C 149, 18. 6. 1990, p. 71.
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<PAGE>

<ARTICLE> BD

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<PERIOD-END>                               SEP-30-1999             SEP-30-1998
<CASH>                                               0                       0
<RECEIVABLES>                               12,571,633               1,976,276
<SECURITIES-RESALE>                                  0                       0
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<TOTAL-ASSETS>                              12,571,633              12,071,938
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<COMMISSIONS>                                  131,362                 213,476
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</TABLE>
#### FEDERMAN, Appellant, v. RIEGER, Respondent.

(Supreme Court, Appellate Division, Second Department.

February 19, 1915.)

Action by Philip Federman against Carl Rieger.

PER CURIAM.

Judgment modified, by adding at the foot thereof a provision directing that there be credited and applied thereon all moneys paid on the judgment in Lo Re v. Federman, 151 N. Y. Supp. 1127, decided herewith, as stated in the conclusion of law at folios 290 and 291 of the record on appeal, and, as so modified, judgment affirmed, without costs.
#### § 501.13 Appeal.

There is no administrative appeal of any final administrative action to which this part applies.
IV 

109TH CONGRESS 

1ST SESSION H. RES. 597 

Recognizing and congratulating Don Ho on his career in music. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 13, 2005 

Mr. ABERCROMBIE (for himself, Mr. LARSON of Connecticut, Mr. CAPUANO, 

Mr. DOYLE, Mr. SHERMAN, Mr. HOLT, Mr. MURTHA, Mr. RYAN of Ohio, 

Mr. PETERSON of Pennsylvania, Mr. PASCRELL, Mr. KANJORSKI, Mr. 

UDALL of New Mexico, Mr. LEWIS of Georgia, Mr. MCNULTY, Mr. 

HOLDEN, Mr. BRADY of Pennsylvania, Ms. WATERS, Ms. HOOLEY, Mrs. 

MCCARTHY, Mr. FATTAH, Ms. SCHWARTZ of Pennsylvania, Mr. VISCLOSKY, Ms. LINDA T. SA ́NCHEZ of California, Mr. MENENDEZ, Mr. 

FARR, Mr. HOYER, Mr. SERRANO, Ms. MCCOLLUM of Minnesota, Mr. 

GEORGE MILLER of California, Mr. BERRY, Mr. ETHERIDGE, Mr. BOYD, 

Ms. DELAURO, Mr. CARDOZA, Mr. CROWLEY, Mr. THOMPSON of California, Mr. ALLEN, Mr. BARROW, Ms. KAPTUR, Mr. EDWARDS, Mr. MARKEY, Mr. SANDERS, Mr. INSLEE, Mr. GENE GREEN of Texas, Mr. NADLER, Mr. RUSH, Mr. DEFAZIO, Mr. DELAHUNT, Mr. FILNER, Mr. TANNER, and Mr. HASTINGS of Florida) submitted the following resolution; 

which was referred to the Committee on Education and the Workforce 

RESOLUTION 

Recognizing and congratulating Don Ho on his career in 

music. 

Whereas Don Ho is one of Hawaii’s and the world’s best 

known and most beloved musical performers; 

Whereas Don Ho has entertained and shared Hawaii’s Aloha 

Spirit with millions of visitors to the State and others 

around the world; 
2 

•HRES 597 IH 

Whereas, after being discharged from the United States Air 

Force, Don Ho received his start in show business at 

Honey’s cocktail lounge in Kaneohe, Hawaii; 

Whereas in 1962, Don Ho began performing at Duke’s in 

Waikiki, which became his home venue; 

Whereas Don Ho has for years been backed by the five Aliis 

playing piano, drums, guitars, xylophone, and other instruments; 

Whereas Don Ho’s fame and popularity has earned him triumphant engagements at the Cocoanut Grove in Hollywood, the Sands in Las Vegas, Harrahs at Lake Tahoe, 

the Palmer House in Chicago, and the Americana Hotel’s 

Royal Box in New York; and 

Whereas Don Ho has made television guest appearances with 

Johnny Carson, Joey Bishop, and Art Linkletter: Now, 

therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) congratulates Don Ho on his splendid ca3 reer; 

4 (2) recognizes Don Ho for his efforts to share 

5 Hawaii’s Aloha Spirit with his audiences and others 

6 around the world; and 

7 (3) conveys its best wishes for continuing suc8 cess in his musical career. 

Æ
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from 10-QSB March
31, 1997, and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         189,736
<SECURITIES>                                         0
<RECEIVABLES>                                1,162,420
<ALLOWANCES>                                  (35,000)
<INVENTORY>                                    745,461
<CURRENT-ASSETS>                             2,095,327
<PP&E>                                       1,390,296
<DEPRECIATION>                             (1,072,215)
<TOTAL-ASSETS>                               2,715,139
<CURRENT-LIABILITIES>                        1,946,288
<BONDS>                                        212,531
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       265,332
<OTHER-SE>                                     290,988
<TOTAL-LIABILITY-AND-EQUITY>                 2,715,139
<SALES>                                      2,315,040
<TOTAL-REVENUES>                             2,315,040
<CGS>                                        1,226,613
<TOTAL-COSTS>                                1,226,613
<OTHER-EXPENSES>                             1,189,530
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              24,872
<INCOME-PRETAX>                              (165,777)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (165,777)
<EPS-PRIMARY>                                   (0.01)
<EPS-DILUTED>                                   (0.01)
        

</TABLE>
#### § 52.87 Referral to the Advisory Committee on Reactor Safeguards (ACRS).

The Commission shall refer a copy of the application to the ACRS. The ACRS shall report on those portions of the application that concern safety and shall apply the standards referenced in § 52.81, in accordance with the finality provisions in § 52.83.
Editorial Note on Part 72
Editorial Note: Nomenclature changes to part 72 appear at 80 FR 74981, Dec. 1, 2015, and at 81 FR 86910, Dec. 2, 2016.

§ 72.6 License required; types of licenses. ( a ) Licenses for the receipt, handling, storage, and transfer of spent fuel or high-level radioactive waste are of two types: general and specific. Licenses for the receipt, handling, storage, and transfer of reactor-related GTCC are specific licenses. Any general license provided in this part is effective without the filing of an application with the Commission or the issuance of a licensing document to a particular person. A specific license is issued to a named person upon application filed pursuant to regulations in this part.
( b ) A general license is hereby issued to receive title to and own spent fuel, high-level radioactive waste, or reactor-related GTCC waste without regard to quantity. Notwithstanding any other provision of this chapter, a general licensee under this paragraph is not authorized to acquire, deliver, receive, possess, use, or transfer spent fuel, high-level radioactive waste, or reactor-related GTCC waste except as authorized in a specific license.
( c ) Except as authorized in a specific license and in a general license under subpart K of this part issued by the Commission in accordance with the regulations in this part, no person may acquire, receive, or possess— ( 1 ) Spent fuel for the purpose of storage in an ISFSI; or
( 2 ) Spent fuel, high-level radioactive waste, or radioactive material associated with high-level radioactive waste for the purpose of storage in an MRS.
[66 FR 51839, Oct. 11, 2001]
```

[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Notices]
[Page 80544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32138]

=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-286; NRC-2010-0562]

Entergy Nuclear Operations, Inc.; Notice of Withdrawal of 
Application for Amendment to Facility Operating License

    The U.S. Nuclear Regulatory Commission (NRC, the Commission) has 
granted the request of Entergy Nuclear Operations, Inc. (the licensee) 
to withdraw its December 15, 2009, application for proposed amendment 
to Facility Operating License No. DPR-64 for the Indian Point Nuclear 
Generating Unit No. 3, located in Westchester County, New York.
    The proposed amendment would have revised the Technical 
Specifications pertaining to the auxiliary feedwater system.
    The Commission had previously issued a Notice of Consideration of 
Issuance of Amendment published in the Federal Register on December 21, 
2009 (74 FR 67932). However, by letter dated November 17, 2010, the 
licensee withdrew the proposed change.
    For further details with respect to this action, see the 
application for amendment dated December 15, 2009, and the licensee's 
letter dated November 17, 2010, which withdrew the application for 
license amendment. Documents may be examined, and/or copied for a fee, 
at the NRC's Public Document Room (PDR), located at One White Flint 
North, Public File Area O1 F21, 11555 Rockville Pike (First Floor), 
Rockville, Maryland. Publicly available records will be accessible 
electronically from the Agencywide Documents Access and Management 
System (ADAMS) Public Electronic Reading Room on the internet at the 
NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do 
not have access to ADAMS or who encounter problems in accessing the 
documents located in ADAMS should contact the NRC PDR Reference staff 
by telephone at 1-800-397-4209, or 301-415-4737 or by email to 
[email protected].

    Dated at Rockville, Maryland, this 13th day of December 2010.

    For the Nuclear Regulatory Commission.
John P. Boska,
Senior Project Manager, Plant Licensing Branch I-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-32138 Filed 12-21-10; 8:45 am]
BILLING CODE 7590-01-P
```
03/10/201 0 14:5 9 FA X 202493514 2 FA A + DM S [gl002/00 4

ERI C A . SEITZ ATTORNE Y A T LAW A LAW CORPORATIO N ERI C A . SEIT Z 141 2 LAWRENC E L KAWASAKI 582 0 DELL A A . BELATT l 794 5 RONAL D N.W . KI M 830 6 82 0 Mililan i Stree t Suit e 71 4 Honolulu , Hawai i 9681 3 Telephone : (808 ) 533-743 4 Facsimile : (808 ) 545-360 8 Attorney s fo

r Responden t U. S DEPARTMEN T O FTRANSPORTATIO N

OFFIC E O FHEARING S WASHINGTON , D.C . I N TH E MATTE RO F RAYMON D H . FESSLE R .;:.r i U " 1 • . :•^•^,l/^liUi• l

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y Action ) DM S No . FAA-2010-002 0 RESPONDENT FESSLER' S MEMORANDUM R E VENUE ; CERTIFICAT E O FSERVIC E RESPONDEN T FESSLER' S MEMORANDUM RE VENU E Responden t

Raymon dH . Fessle r

i s indigen t

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affor dt o retai n an dpay counse l and/o r to incur any expense s fo

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a03/10/201 0 14;5 9 FA X 202493514 2 FA A + DM S l2|003/00 4 hearing . Ta x return s an dothe r documentatio n o f

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i s responsibl e fo

r th e car e o f

hi s recentl y decease dsister' s tw o mino r children , h e i s unabl e t o b e away fromhi s hom e i n Idah o fo r any prolonge dperio d o f time . Accordingly , in th e interest s o f justice , Mr . Fessler

request s that

tli c hearin g in thi s matte r

b e conducte di

n Honolulu , Hawaii , where th e relevan t event s occurre dan dwher e hi s counse l an dcertai n o f th e witnesse s are locate dandtha t th e Responden t

b e permitte dt o appea

r an dparticipat e b y lon g distanc e telephone , DATED : Honolulu , Hawaii , Marc h 9 , 2010 .

ERI C A . SEITZ LAWRENC E I . KAWASAK I DELL A A . BELATT l RONALD N.W . KI M Attorney s fo

r Responden t03/10/201 0 15:0 0 FA X 202493514 2 FA A • > DM S 0004/00 4 fftO M <TL'E>MA R a 201 0 10:&-ry&T . 10:3*/'Mo . T'OOOOOO.^O V P '

CERTIFICAT E O FSERVIC E I D O HEREB Y CERTIF Y tha t on e cop y o f

th e withi n wa s dul y serve dthi s dat e b y facsimil e an dUnite dState s mail , firs t clas s postag e prepaid , addresse dt o th e following :

CHRISTOPHE RI . MERJRILL , ESQUIR E Offic e o f th e Regiona

l Counse l Western-Pacifi c Region , AWP- 7 Federal Aviatio n Adminisatratio n P.O . Bo x 9200 7 Lo s Angeles , Californi a90009-200 7 Attorne y fo r

Complaintan t DATED : Honolulu , Hawaii . Marc h 9 , 201 0

ERI C A . SEITZ
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

November 9, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 05-10652

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANDRES ALARCON-AROS, also known as Andres

Adrian Alarcon, also known as Andres Alarcon,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 1:04-CR-71-ALL

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

Before REAVLEY, GARZA, and BENAVIDES, Circuit Judges. 

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Andres AlarconAros raises arguments that are foreclosed by Almendarez-Torres v.

United States, 523 U.S. 224, 235 (1998), which held that a prior

conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and

not a separate criminal offense. The Government’s motion for

summary affirmance is GRANTED, and the judgment of the district

court is AFFIRMED.
I Date: December 17, 2008

Record of Co I tacts

AVS

Quality Management

System

Title: Domestic Change Worksheet

QPM#

AIR-ANM-030-F4

Revision

1

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FDMS Docket No. FAA..aIl9

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"OrganiZation ~- Peno~Contacted Date

Boeing Bhupinder Singh I 4/27/09

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With wbom outside the FAA has this proposal been discussed (F'g., ATA, RAA, ALPA, etc.)?
#### § 770.11 When does a claim “accrue” for purposes of notifying the Field Office Manager under § 770.9(a) of this part?

For purposes of § 770.9(a) of this part, a claim “accrues” on the date on which the person asserting the claim knew, or reasonably should have known, that the injury to person or property was caused or contributed to by the release or threatened release of a hazardous substance, pollutant, or contaminant as a result of DOE activities at the defense nuclear facility on which the real property is located.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
The Schedule contains summary financial  information
extracted  from the financial  statements for Summit
Tax Exempt L.P. III and is qualified in its entirety
by reference to such financial statements           
</LEGEND>
<CIK>                         0000812220
<NAME>                        Summit Tax Exempt L.P. III
<MULTIPLIER>                                   1
       
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<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-1-1997
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<CASH>                                         274,370
<SECURITIES>                                   44,869,792
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</TABLE>