alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York ex rel. Alice Wessell, on Behalf of Christine Wessell, Appellant, v. New York Foundling Hospital et al., Respondents.

Judgment (designated order) entered May 23, 1969, dismissing the petition for a writ of habeas corpus on behalf of the appellant mother, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs and without disbursements, and the proceeding remanded to Special Term for further hearings before the Justice who presided at the trial of this cause. It is asserted in the brief and not denied that the mother is about to be married and her fiancee is willing to adopt the child after the ceremony. Such purported subsequent events bearing as they do on the welfare of the child are a proper subject of inquiry. Since they must of necessity occur after the trial and determination herein, they furnish the reason for the remand and the hearing is accordingly restricted to any changed circumstances with respect to the situation of the appellant, particularly her marital status. A mother’s right to custody may he restored upon proof that the best interests of the child dictate her return to her parent as one fit, competent and able to support, educate and care for her. *{Matter of Roe*v. *New York Foundling Hosp.,*33 A D 2d 83, app. dsmd. 27 N Y 2d 533; *People ex rel. Hinckley*v. *Hinckley,*31 A D 2d 740.) Concur— Capozzoli, J. P., McGivern, Nunez, McNally and Tilzer, JJ.
Fiscal 2007 Annual Executive Team Bonus Plan summary



 EXHIBIT 10.1 
 Annual Executive Bonus Plan Summary Sheet for fiscal 2007 
  

						
	 Parameter
	  	 Payout (linear)
	  	Weight	 
	 Revenue Target
	  	Payout Parameters ranging from 40% to 200% depending on results achieved	  	33	%
	 Operating Profit Target
	  	Payout Parameters ranging from 40% to 200% depending on results achieved	  	33	%
	 Individual Management Objectives
	  	Actual Achievement	  	34	%
#### Willberry Corporation et al., Appellants, v Irving Schwartz et al., Respondents.

[814 NYS2d 537]

In an action to recover damages for fraud and breach of fiduciary duty, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Sproat, J.), dated January 31, 2005, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action to recover damages for fraud and breach of fiduciary duty based on the alleged failure of the defendant Irving Schwartz, who was the accountant of the plaintiff corporation, to disclose a purported conflict of interest, i.e., that he was also a co-executor of the estate of a shareholder of the corporation. The plaintiffs contend that they suffered losses and setbacks in their business venture due to the purported conflict of interest and nondisclosure, as well as Schwartz’s delay in turning over requested financial information and other purported unauthorized acts.

Schwartz and his accounting firm (hereinafter the defendants) made a prima facie showing of their entitlement to summary judgment by demonstrating that there was no evidence that the actions complained of by the plaintiffs were “ ‘a substantial factor’ in causing an identifiable loss” *(Gibbs v Breed, Abbott & Morgan,*271 AD2d 180, 189 [2000], quoting *Milbank, Tweed, Hadley & McCloy v Chan Cher Boon,*13 F3d 537, 543 [1994]). In opposition, the plaintiffs failed to raise a triable issue of fact as to whether the defendants’ actions had any causal connection to the lack of success of their business venture *(see Laub v Faessel,*297 AD2d 28, 31 [2002]; *Gibbs, supra*at 189; Frosser and Keeton, Torts § 41, at 263 [5th ed]). Further, the defendants demonstrated that the evidence submitted in opposition to the motion was insufficient to establish the necessary elements of a fraud cause of action *(see Lama Holding Co. v Smith Barney,*88 NY2d 413, 421 [1996]; *802 F Realty Corp. v American Intl.*
      *900
      *Specialty Lines Ins. Co.,*295 AD2d 398 [2002]), and the plaintiffs failed to raise a triable issue of fact, inter alia, as to whether they suffered any damages attributable to the defendants’ actions. Accordingly, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. Florio, J.P., Luciano, Spolzino and Fisher, JJ., concur.
#### § 2336.10 What does this part do?

This part adopts the Office of Management and Budget (OMB) guidance in subparts A through I of 2 CFR part 180, as supplemented by this part, as the SSA policies and procedures for nonprocurement debarment and suspension. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR 1989 Comp., p. 235) and 31 U.S.C. 6101 note (Section 2455, Pub. L. 103-355, 108 Stat. 3327).
#### In the Matter of the City *of*Rochester, Appellant, Relative To Acquiring Title to Property for an Urban Renewal Project in the Front Street Area Known as Genesee Crossroads. Esdomar Realty, Inc., Respondent

*885Judgment unanimously modified on the law and the facts by reducing the amount of the award from $111,640 to $100,354 and by reducing the extra allowance to respondent from $5,582 to $5,017.70, and as so modified affirmed without costs. Memorandum: The trial court erroneously allowed $26,000 for respondent’s building. The highest amount allowable on the evidence was $20,500. The award should, therefore, be reduced by the amount of $5,500. The trial court also erroneously allowed $14,000 for fixtures which had been installed 20 years before the appropriation. The amount was based on replacement cost of $19,164 depreciated 25% thereby attributing an economic life of 80 years to the fixtures. The building was given an economic life of 15 years from the appropriation date. The economic life of the fixtures could not extend beyond the economic life of the structure with which they were in permanent conjunctive use. *(Matter of City of New York [Maxwell],*15 A D 2d 153, 175, affd. 12 N Y 2d 1086; *Matter of City of New York [Harlem Riv. Houses*— *New Colonial Ice Co.],*22 A D 2d 882, 883.) The total useful life of the fixtures could not exceed 35 years from 1946 when they were installed. Their value at the time of the 1966 appropriation was therefore, 15/35th of $19,164 or $8,214. The award should, therefore, be reduced by $5,500 to reflect an award of $20,500 for the building and by $5,786 to reflect an award of $8,214 for the fixtures making the total award $100,354. The extra allowance should be reduced to 5% of this amount making it $5,017.70. (Appeal from judgment of Monroe Trial Term in condemnation proceeding.) Present — Del Veechio, J. P., Witmer, Gabrielli, Bastow and Henry, JJ.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-82,009-02

EX PARTE JAVIER URIAS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 20090D03338 IN THE 243rd DISTRICT COURT

FROM EL PASO COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of injury to a child

causing serious bodily injury and sentenced to forty-five years’ imprisonment. The Eighth Court of

Appeals affirmed his conviction. Urias v. State, No. 08-12-00090-CR (Tex. App.—El Paso Mar.

26, 2014) (not designated for publication).

Applicant contendsthat his appellate counsel rendered ineffective assistance because counsel

failed to timely notify Applicant that his conviction had been affirmed and failed to advise him of

his right to petition pro se for discretionary review.
2

Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,

466 U.S. 668 (1984); Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). In these

circumstances, additional facts are needed. Pursuant to Ex parte Rodriguez, 334 S.W.2d 294, 294

(Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. The trial court

shall order appellate counsel to respond to Applicant’s claim of ineffective assistance of counsel on

appeal. The trial court may use any means set out in TEX. CODE CRIM. PROC. art. 11.07, § 3(d).

If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. 

If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an

attorney to represent Applicant at the hearing. TEX. CODE CRIM. PROC. art. 26.04.

The trial court shall make findings of fact and conclusions of law as to whether Applicant’s

appellate counsel timely informed Applicant that his conviction had been affirmed and that he has

a right to file a pro se petition for discretionary review. The trial court shall also make any other

findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of

Applicant’s claim for habeas corpus relief.

This application will be held in abeyance until the trial court has resolved the fact issues. The

issues shall be resolved within 90 days of this order. A supplemental transcript containing all

affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or

deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall

be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall

be obtained from this Court.

Filed: December 17, 2014

Do not publish
IV 

109TH CONGRESS 

2D SESSION H. RES. 866 

Recognizing Sam Hornish, Jr. for winning the 90th running of the 

Indianapolis 500. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2006 

Mr. GILLMOR submitted the following resolution; which was referred to the 

Committee on Government Reform 

RESOLUTION 

Recognizing Sam Hornish, Jr. for winning the 90th running 

of the Indianapolis 500. 

Whereas Sam Hornish, Jr. was born in Defiance, Ohio, and 

currently resides in Napoleon, Ohio, both in Ohio’s 5th 

Congressional District; 

Whereas Sam Hornish, Jr. competes in the Indy Racing 

League with Team Penske and has twice won the championship of that league; and 

Whereas Sam Hornish, Jr. won the 90th running of the Indianapolis 500 on May 28, 2006: Now, therefore, be it 


bajohnson on PROD1PC61 with BILLS
2 

•HRES 866 IH

1 Resolved, That the House of Representatives recog2 nizes Sam Hornish, Jr. for his victory in the Indianapolis 

3 500. 

Æ 


bajohnson on PROD1PC61 with BILLS
#### § 962.2 Purpose.

The purpose of this part is to clarify the meaning of the term “byproduct material” under section 11e(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(1)) for use only in determining the Department of Energy's obligations under the Resource Conservation and Recovery Act (42 U.S.C. 6901 *et seq.*) with regard to radioactive waste substances owned or produced by the Department of Energy pursuant to the exercise of its responsibilities under the Atomic Energy Act of 1954. This part does not affect materials defined as byproduct material under section 11e(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)).
Webinar Attendees: Energy Conservation Standards for Residential Furnace Fans Meeting

Meeting Date: Friday, July 27, 2012

Name Title Organization Street City State Zip Phone Fax 

Bennani, Smires Youness

Senior Research Associate

LBL One Cyclotron Road Berkeley CA 94705 N/A N/A yf

Chase, Tom Staff Engineer Johnson Controls, Inc. 3110 N. Mead Wichita KS 67204-9014 316-832-6564 N/A thCocks, Rachele Senior Design Engineer Regal Beloit Corporation 1946 West Cook Road Fort Wayne IN 46818 260-416-5495 260-416-5460 raEdwards, Peter Principal Peter Edwards Co. 1277 Tredmore Dr. Mississauga ON L5J3V5 905-822-6524 N/A pGannon, Greg Marketing Manager First Company 8273 Moberly Lane Dallas TX 75208 214-388-5751 

x1109

214-388-2255 g

Hundley, John Product Manager LAU-Ruskin-Tomkins 4509 Springfield Street Dayton OH 45431 937-476-6553 N/A jhKeil, Heather Managing Consultant Navigant Consulting, Inc. 1400 Old Country Road, 

Suite 402

Westbury NY 11590 202-973-2400 202-973-2401 h

Lis, David Appliance Standards 

Program Manager

Northeast Energy Efficiency Partnerships (NEEP)

91 Hartwell Avenue Lexington MA 02421 781-860-9177 

x 127

781-860-9178 dj

Maddock, Ray Senior Product Engineer Weil Mclain 523 South New Street Eden NC 27288 336-627-6025 N/A rmMistry, Anuj Engineer, Certification Air-Conditioning, Heating and 

Refrigeration Institute (AHRI)

2111 Wilson Blvd. Suite 500,

Arlington VA 22201-3001 N/A N/A a

Small , Terrell J. CEO/Ower Mortex Products, Inc. 501 Terminal Road Fort Worth TX 76106 817-624-0820 

x 214

817-624-3694 ts

VerShaw, James T Chief Engineer Ingersoll Rand-Trane Residential 

Systems

6200 Troup Highway Tyler TX 75707-1948 903-730-4470 903-581-3280 jim

Wilson, Linda Environmental Scientist New York State Office of the 

Attorney General

120 Broadway New York NY 11710 212-416-8948 212-416-6007 L

Woodford, Michael Vice President, 

Standards

Air-Conditioning, Heating & Refrigeration Institute (AHRI)

2111 Wilson Boulevard,Suite 500

Arlington VA 22201 703-600-0328 703-528-3816 m
EXHIBIT 31.2

Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002

I, Toni Ann Tantillo, certify that:

1) I have reviewed this quarterly report on Form 10-Q of SITI-Sites.com, Inc.
(the "Registrant")

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 a date within 90 days prior to the filing date of 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 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 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: November 12, 2004


                                     By /s/ Toni Ann Tantillo
                                        ---------------------
                                        Toni Ann Tantillo
                                        Chief Financial Officer,
                                        Vice President, Secretary and Treasurer


                                       14
**Exhibit 31.2**
**Section 302 Certification**
I, Lee A. Whatcott, certify that:
1. I have reviewed this quarterly report on Form 10-Q of Westcorp; 2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have;
 a) Designed such disclosure controls and procedures, or caused suchdisclosure 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 otherswithin those entities, particularly during the period in which thisreport is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and  c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter inthe case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and
5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of registrant’s boardof directors (or persons performing the equivalent functions):
 a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial data; and  b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internalcontrol over financial reporting.
Date: November 8, 2004
By   /s/ Lee A. WhatcottLee A. WhatcottExecutive Vice President,Chief Financial Officer andChief Operating Officer (Principal Financial andAccounting Officer
#### Gerald M. Nicholson et al., Respondents, v City Garage of Ellicottville, Inc., Appellant.

Order unanimously affirmed, without costs, on condition that plaintiffs’ complaint is amended in accordance with memorandum within 20 days from the date of the order herein, and otherwise the order is reversed and the motion to dismiss granted. Memorandum: In this action for a declaration of easement arising by prescriptive use of real property, a temporary restraining order and, later, a preliminary injunction enjoining defendant from obstructing or blocking a strip of land were issued in favor of plaintiffs, Gerald M. and Gerald J. Nickolson. The 25-foot strip of land which is the subject of this litigation provides access from Washington Street — the main thoroughfare in the Village of Ellicottville — to Huey Alley upon which public street the Nickolsons operate a restaurant business. Affidavits in the record attest to the open, continuous and uninterrupted public use of this strip of land for over 50 years. In January, 1979 it was closed by defendant City Garage of Ellicottville, Inc., which leases and occupies a building adjacent to the subject strip of land. The record reveals that this real property is not owned by appellant, but by the estate of Raymond L. Marshall who was the sole owner of the garage until his death. The Marshall estate was not joined as a party defendant in this proceeding. For that reason and also because plaintiffs in their complaint alleged that the use of the subject land had been “permitted”, defendant moved to dismiss the complaint for failure to join a necessary party and for failure to state a cause of action. We affirm the order at Special Term which granted a preliminary injunction. For the purpose of sustaining the validity of the complaint, hostile use may be presumed under the circumstances alleged here (see *Weinberg v Shafler,*68 AD2d 944, 945, affd 50 NY2d 876). Nonetheless, plaintiffs should amend their complaint to add a necessary party to the action pursuant to CPLR 1003 and otherwise amend their complaint pursuant to CPLR 2001, if they are so advised, and serve the same within 20 days of the date of the order herein and the matter should thereafter promptly proceed to trial. (Appeal from order of Chautauqua Supreme Court — temporary injunction.) Present — Dillon, P. J., Cardamone, Simons, Callahan and Witmer, JJ.
#### The People of the State of New York, Respondent, v Rodney Snyder, Appellant.

[813 NYS2d 433]

Judgment, Supreme Court, Bronx County (Ira R. Globerman, J.) rendered March 15, 2002, convicting defendant, after a nonjury trial, of attempted murder in the second degree, assault in the second degree, criminal possession of a weapon in the fourth degree (two counts), endangering the welfare of a child and criminal contempt in the first degree (two counts), and sentencing him to concurrent terms of 18 years for the attempted murder conviction, 7 years for the assault conviction, and 1 year each for the criminal possession of a weapon and endangering the welfare of a child convictions, to run consecutively to consecutive terms of lVs to 4 years for the contempt convictions, unanimously affirmed.

The court was not obligated, sua sponte, to order a CPL article 730 examination *(see Pate v Robinson,*383 US 375 [1966]; *People v Tortorici,*92 NY2d 757 [1999], *cert denied*528 US 834 [1999]; *People v Morgan,*87 NY2d 878 [1995]). The court was familiar with defendant after observing him during numerous court appearances, and despite the fact that he made questionable decisions and disregarded the sound advice of counsel, there was no indication that defendant was unable to understand the proceedings and assist in his defense. Likewise, there is no evidence to cast doubt on the validity of defendant’s waiver of his right to a jury trial.

We perceive no basis for reducing the sentence.

We have considered and rejected defendant’s remaining contentions, including those contained in his pro se supplemental brief. Concur—Andrias, J.P., Saxe, Friedman, Williams and Malone, JJ.