alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Abdoulaye Traore, Appellant.

[803 NYS2d 566]

Judgment, Supreme Court, New York County (Michael R. Ambrecht, J.), rendered January 7, 2004, convicting defendant, after a jury trial, of three counts of rape in the third degree and three counts of sodomy in the third degree, and sentencing him, as a second felony offender, to an aggregate term of 2 to 4 years, unanimously affirmed.

During his cross-examination of the victim, defendant opened the door to evidence of defendant’s explanation to the victim as to why he had not attended her party *(see People v Torre,*42 NY2d 1036 [1977]). The explanation, that he had been driving with friends and had been “stopped,” did not constitute evidence of an uncharged crime *(see People v Flores,*210 AD2d 1 [1994], *lv denied*84 NY2d 1031 [1995]). Moreover, the nature of the explanation was relevant to a credibility issue that defendant developed during cross-examination.

To the extent that a portion of an officer’s testimony concerning his investigation of the crime could be viewed as lay opinion on the victim’s credibility, we find the error to be harmless *(see People v Crimmins,*36 NY2d 230 [1975]).

The challenged portions of the People’s summation consti*268tuted fair comment on the evidence *(see People v Overlee,*236 AD2d 133 [1997], *lv denied*91 NY2d 976 [1998]; *People v D’Alessandro,*184 AD2d 114, 118-119 [1992], *lv denied*81 NY2d 884 [1993]). Defendant placed the victim’s credibility at issue throughout the trial, including defendant’s summation, and the People’s responsive arguments did not constitute vouching and were not inflammatory *(People v Gonzalez,*298 AD2d 133 [2002], *lv denied*99 NY2d 614 [2003]). Concur—Tom, J.P., Marlow, Ellerin, Sweeny and Catterson, JJ.
Bonus Plan for Executive Officers



 EXHIBIT 10(iii).6 
 BALDOR ELECTRIC COMPANY 
 BONUS PLAN 
 FOR OFFICERS 
 Plan Administration 
 The Board of Directors of the Company has sole responsibility for installation, review, and revision of the Plan and all its provisions, at their discretion, including year-to-year implementation of the plan.

 Plan Participants 
 Participants include the
“Officers” of the Company as designated by the Board of Directors. Participation in the Plan does not constitute a guarantee of employment and incentive awards for plan participants whose employment is terminated for any reason may forfeit
their rights to the “Bonus”. Participants who retire or go on disability during the plan year will receive a prorated portion of their bonus earned. 
 Bonus Payment Date 
 The bonus will be paid in a lump sum as soon as practical after the Company’s financial results for the year
have been certified by the outside auditors. 
 Bonus Formula For The Year 
 The formula used in the Plan is based on the Company’s Sales and Profit Plan for each year the Plan is implemented. The formula is constructed so a bonus (using the percentage (%) as defined below) of base
compensation will be paid on a segment when that segment’s goal of the approved Company Plan is met. The formula for 2007 will have two independent segments made up of two components as specified below. 
 Bonus Formula 
  

											
	 	  	 	  	Plan	 	 	Stretch	 
	 Segment 1
	  	Sales	  	$	xxx.xx	 	 	$	xxx.xx	 
		  	Bonus based on sales goals	  	 	5	%	 	 	5	%
				
	 Segment 2
	  	Earnings per share	  	$	x.xx EPS	 	 	$	x.xx EPS	 
		  	Bonus based on financial performance	  	 	5	%	 	 	5	%

 Segment 1 – Sales Goals 
 The sales component will provide 50% of the Bonus Formula. For sales below Plan, 0% is earned. For sales at or above “Plan”, the bonus will be paid on a straight line pro-rata basis up to the percentages
indicated as “Stretch.” For sales above “Stretch”, the bonus will be paid on a straight line pro-rata basis based on the ratio of Sales between “Plan” and “Stretch”. 
 Segment 2 – Financial Performance 
 The earnings component will
provide 50% of the Bonus Formula. For earnings below Plan, 0% is earned. For earnings at or above “Plan”, the bonus will be paid on a straight line pro-rata basis up to the percentages indicated as “Stretch”. For earnings above
“Stretch”, the bonus will be paid on a straight line pro-rata basis based on the ratio of earnings between “Plan” and “Stretch”.
| (logo)  WELLS FARGO | **Commercial  Mortgage Servicing**D1050-084,  8th Fl  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334 |
|---------------------|----------------------------------------------------------------------------------------------------------------|

 

 

**ANNUAL STATEMENT OFCOMPLIANCE**

 

ReferenceisherebymadetothatcertainTrustandServicingAgreementdatedasofSeptember 26, 2016, by and among J.P. Morgan Chase Commercial MortgageSecurities Corp., as Depositor, Wells Fargo Bank, National Association, asServicer and Special Servicer, Wells Fargo Bank, National Association, asCertificate Administrator and Wilmington Trust, National Association, asTrustee with respect to Commercial Mortgage Pass-Through Certificates Series2016-NINE (the "Agreement"). Capitalized terms used herein nototherwise defined shall have the meanings assigned in theAgreement.

 

Pursuant to Section 13.7 of thisAgreement, I, Daniel Marthinsen, Managing Director of Special Servicing dohereby certify that:

 

1.A review of the activities of the Special Servicer during the period fromJanuary 1, 2017 through December 31, 2017 (the “Reporting Period”), and of itsperformance per the Agreement during such period has been made under mysupervision,and

 

2.To the best of my knowledge, based on such review, the Special Servicer hasfulfilled all of its obligations under the Agreement in all material respectsthroughout the ReportingPeriod.

 

 

IN WITNESS WHEREOF, the undersigned hasexecuted this Certificate as of the 28th day ofFebruary2018.

 

/s/ Daniel Marthinsen

Daniel Marthinsen, Managing Director

Wells Fargo Bank

 

 

| Wells Fargo Bank,  N.A. | (logo)  Together we’ll go far |
|-------------------------|-------------------------------------|
Second Amendment to the NCR Supplemental Pension Plan for AT&T Transfers



 Exhibit 10.16.2 
 SECOND AMENDMENT TO THE NCR SUPPLEMENTAL PENSION 
 PLAN FOR AT&T TRANSFERS 
 AMENDMENT TO THE NCR SUPPLEMENTAL PENSION PLAN FOR AT&T TRANSFERS (the “Plan”) as restated and in effect January 1, 1997 by NCR
Corporation (“NCR”). 
 WHEREAS, the Plan was amended and restated effective January 1, 1997 and amended by a First Amendment
effective January 1, 2006; and 
 NOW, THEREFORE, NCR does hereby amend the Plan, effective December 31, 2006, as follows:

  

	1.	Section 3.1 Calculation of Benefit is amended by the addition of the following new sentence at the end: 

 “Effective December 31, 2006, no additional benefits shall accrue under the Plan, and the benefits accrued as of December 31, 2006 shall be
determined as of such date based on service, compensation, the benefits accrued under the NCR Retirement Plans and the other components of the calculation determined as of such date, including the provisions of the AT&T plans, in effect as of
such date.” 
 IN WITNESS WHEREOF, NCR has caused this amendment to the Plan to
be executed this 18th day of December, 2006. 
  

			
	FOR NCR CORPORATION
		
	By:	 	 /s/ Bridie Fanning

		 	Bridie Fanning
		 	Senior Vice President, Human Resources
Mutual Termination Agreement



 EXHIBIT 10.18 
  
 MUTUAL TERMINATION AGREEMENT 
  

CB Richards Ellis, Inc. (“CBRE”) and Rob Blain (“Manager”) hereby enter into this Mutual Termination Agreement, which shall be
effective February 2, 2007 (“Effective Date”). 
  

	1.	Broker and Manager agree that the following agreement is terminated effective on the Effective Date and shall have no further force or effect: Offer of Employment (letter form)
executed by Manager and CBRE on January 23, 2002, along with any modifications or amendments thereto (“Employment Agreement”). 

  

	2.	By entering into this Mutual Termination Agreement, the parties hereby waive the provisions contained in the “Activities on Termination” and “Notice of
Termination” sections of the Employment Agreement. 

  

	3.	Notwithstanding the termination of the Employment Agreement, Manager will remain an employee of Broker in Manager’s current position and nothing contained herein alters
Manager’s “at will” employment status. 

  

									
	CB RICHARD ELLLIS, INC.	 	 	 	MANAGER
					
	By:	 	/S/    BRETT
WHITE        	 	 	 	By:	 	/S/    ROB
BLAIN        
	 	 	 Brett White
 Chief Executive Officer
	 	 	 	 	 	Rob Blain
			
	 Dated: February 2, 2007
	 	 	 	 Dated: February 2, 2007
Exhibit 35.21



|     |  |                                                                                                         
|---- |  | --------------------------------------------------------------------------------------------------------
|LOGO |  | Commercial Mortgage Servicing D1050-084, 8thFl 401 South Tryon Street
Charlotte, NC 28202 1-800-326-1334

ANNUAL STATEMENT OF COMPLIANCE

Reference is hereby made to that certain Pooling and Servicing Agreement dated as of December 1, 2016, by and among WELLS FARGO
COMMERCIAL MORTGAGE SECURITIES, INC., as Depositor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Master Servicer, LNR PARTNERS LLC, as Special Servicer, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Certificate Administrator, WILMINGTON TRUST, NATIONAL
ASSOCIATION, as Trustee and TRIMONT REAL ESTATE ADVISORS, LLC, as Operating Advisor and as Asset Representations Reviewer with respect to Commercial Mortgage Pass-Through Certificates Series 2016-C37 (the
Agreement). Capitalized terms used herein not otherwise defined shall have the meanings assigned in the Agreement.

Pursuant
to Section 11.09 of this Agreement, I, Daniel Bober, Executive Vice President of Commercial Mortgage Services do hereby certify that:



| | 1. | A review of the activities of the Master Servicer during the period from January 1, 2017 through December 31, 2017 (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 Master 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 28th day of
February 2018.



|                        
|------------------------
|LOGO                    
|                        
|Daniel Bober            
|Executive Vice President
|Wells Fargo Bank        



|                       |  |     
|---------------------- |  | ----
|Wells Fargo Bank, N.A. |  | LOGO
(Logo of Williams & Webster, P.S.)


                              WILLIAMS & WEBSTER PS
                          CERTIFIED PUBLIC ACCOUNTANTS
                        BANK OF AMERICA FINANCIAL CENTER
                           W 601 RIVERSIDE, SUITE 1940
                                SPOKANE, WA 99201
                                 (509) 838-5111


Board of Directors
Ramex Synfuels International, Inc.
Spokane, Washington

We consent to the use of  our review report dated May 26, 2000  on the financial
Statements of  Ramex Synfuels International, Inc. as of  April 30, 2000, for the
filing with and attachment to the Form 10Q for the period ending April 30, 2000.



/s/ Williams & Webster, P.S.


Williams  &  Webster,  P.S.
Certified  Public  Accountants
Spokane,  Washington
May  31,  2000
§ 40.6109-1 Tax return preparers furnishing identifying numbers for returns or claims for refund. ( a ) *In general.* Each return or claim for refund of any tax to which this part 40 applies prepared by one or more signing tax return preparers must include the identifying number of the preparer required by § 1.6695-1(b) of this chapter to sign the return or claim for refund in the manner stated in § 1.6109-2 of this chapter.
( b ) *Effective/applicability date.* This section is applicable to returns and claims for refund filed after December 31, 2008.
[T.D. 9436, 73 FR 78454, Dec. 22, 2008; 74 FR 5105, Jan. 29, 2009]
§ 1.851-1 Definition of regulated investment company. ( a ) *In general.* The term “regulated investment company” is defined to mean any domestic corporation (other than a personal holding company as defined in section 542) which meets ( 1 ) the requirements of section 851(a) and paragraph (b) of this section, and
( 2 ) the limitations of section 851(b) and § 1.851-2. As to the definition of the term “corporation”, see section 7701(a)(3).
( b ) *Requirement.* To qualify as a regulated investment company, a corporation must be: ( 1 ) Registered at all times during the taxable year, under the Investment Company Act of 1940, as amended (15 U.S.C. 80a-1 to 80b-2), either as a management company or a unit investment trust, or
( 2 ) A common trust fund or similar fund excluded by section 3(c)(3) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)) from the definition of “investment company” and not included in the definition of “common trust fund” by section 584(a).
#### H. B. NELSON CONSTRUCTION COMPANY v. THE UNITED STATES

[No. 43457]

[87 C. Cls. 375; 306 U. S. 661]

decided May 31, 1938;

Petition for writ of certiorari *denied*by the Supreme Court April 17, 1939.
www.gpo.gov

### §§270 to 270g. Repealed. Pub. L. 88–619, §3, Oct. 3, 1964, 78 Stat. 995

Sections 270 to 270c, act July 3, 1930, ch. 851, §§1–4, 46 Stat. 1005, 1006, related to international tribunals, the administration of oaths, perjury, testimony of witnesses, production of documentary evidence, subpoena power, contempt and its punishment, the authority of commissioners to take evidence, and to procedure. See section 1782 of Title 28, Judiciary and Judicial Procedure.

Sections 270d to 270g, act July 3, 1930, ch. 851, §§5–8, as added June 7, 1933, ch. 50, 48 Stat. 117, 118, related to international tribunals, issuance of subpoenas upon application of United States’ agent to United States district court, proceedings thereon, notice to foreign governments, forwarding of certified transcripts of testimony to agents of United States and any opposing government, perjury and contempt and the penalties therefor, and declared the Supreme Court of the District of Columbia to be a district court of the United States. See section 1782 of Title 28.
```

[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Page 12898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05538]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9025-9]

Environmental Impact Statements; Notice of Availability

AGENCY: Office of Federal Activities, General Information (202) 564-
7146 or http://www2.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EISs)
Filed 02/29/2016 Through 03/04/2016
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public 
its comments on EISs issued by other Federal agencies. EPA's comment 
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-nepa-public/action/eis/search.

EIS No. 20160054, Final, NPS, HI, Hawaii Volcanoes National Park 
General Management Plan, Review Period Ends: 04/11/2016, Contact: 
Danielle Foster 808-985-6303

EIS No. 20160055, Draft, USFS, ID, Lookout Pass Ski Area Expansion, 
Comment Period Ends: 04/25/2016, Contact: Kerry Arneson 208-769-3021

EIS No. 20160056, Draft Supplement, BLM, ID, Segments 8 and 9 of the 
Gateway West Transmission Line Project, Comment Period Ends: 06/09/
2016, Contact: Jim Stobaugh 775-861-6478

EIS No. 20160057, Final, USFS, MT, Bitterroot National Forest Travel 
Management Planning, Review Period Ends: 04/11/2016, Contact: Julie 
King 406-363-7121

EIS No. 20160058, Final, NOAA, WA, Analyze Impacts of NOAA's National 
Marine Fisheries Service Proposed 4(d) Determination under Limit 6 for 
Five Early Winter Steelhead Hatchery Programs in Puget Sound, Review 
Period Ends: 04/11/2016, Contact: Steve Leider 360-753-4650

    Dated: March 8, 2016.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal 
Activities.
[FR Doc. 2016-05538 Filed 3-10-16; 8:45 am]
 BILLING CODE 6560-50-P
```
#### South Park Floral Company *v.*Garvey.

[No. 22,711.

Filed December 17, 1914.

Petition to vacate order of dismissal denied January 19, 1915.]

1. *Appeal.*— Revieiv.—Dismissal.—Costs.—Where it appeared on appellee’s motion for dismissal that pending appeal from a judgment for appellee in an action to enjoin him from performing a contract for certain street improvements, he fully per*636formed the contract and that the work had been accepted and Xiaid for, a dismissal of the appeal was required, but at the cost of appellee.

Prom Henry Circuit Court; *Charles K. Bagot,*Special Judge.

Action by the South Park Floral Company against J ames Garvey. Prom a judgment for defendants, the plaintiff appeals.

*Appeal dismissed.*

*Forkner <& Forkner,*for appellant.

*Barnard & Brown,*for appellee.

Morris, J.

Appellant sued appellee to enjoin him from performing a contract for a street improvement in the city of Newcastle. Appellee’s demurrer to the complaint was sustained, and appellant declining to plead further judgment was rendered for appellee on July 9, 1914, and appellant prayed an appeal to this court which was granted. The transcript and appellant’s briefs were filed September 28, 1914. Jurisdiction of the appeal is in this court because of a constitutional question involved. On December 15, 1914, appellee filed a verified motion to dismiss the appeal, because as shown, on November 4, 1914, appellee fully completed the performance of the contract sought to be enjoined, and, on the same day, the city council by proper resolution accepted the work as fully completed, and afterwards, on November 16, .1914, the city authorities fully paid to appellee the contract price of the work.

It thus appears that because of appellee’s acts, since the appeal was taken there is nothing .on which an order of injunction could operate, and the motion to dismiss must be sustained, but the dismissal should be at appellee’s cost. *Ogborn*v. *City of Newcastle*(1912), 178 Ind. 161, 98 N. E. 869, and authorities cited. Appeal dismissed at appellee’s cost.

Note. — Reported in 107 N. E. 68. See, also, 3 Cyc. 188; 11 Cyc. 212.
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 State

          - [Public Notice 6497] 

# SUMMARY:

                        Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                         *et. seq.*; 22 U.S.C. 6501 note,                         *et. seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects in the exhibition: “Titian, Tintoretto, Veronese: Rivals in Renaissance Venice,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Museum of Fine Arts, Boston, MA, from on or about March 15, 2009, until on or about July 19, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the                         **Federal Register**                        .                     

# FOR FURTHER INFORMATION CONTACT:

For further information, including a list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: (202-453-8050). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001. 

Dated: January 22, 2009. 

C. Miller Crouch, 

Acting Assistant Secretary for Educational and Cultural Affairs, Department of State.

[FR Doc. E9-1929 Filed 1-28-09; 8:45 am] 

BILLING CODE 4710-05-P
#### Harvey E. TUNSTALL, Petitioner-Appellant, v. H.R. POWELL, Senior Corrections Warden, Respondent-Appellee.

No. 02-6580.

United States Court of Appeals, Fourth Circuit.

Submitted June 13, 2002.

Decided June 19, 2002.

Robert Bryan Rigney, Protogyrou & Rigney, P.L.C., Norfolk, Virginia, for Appellant. John H. McLees, Jr., Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Before WIDENER, LUTTIG, and 'WILLIAMS, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

PER CURIAM.

Harvey E. Tunstall seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.2001). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. *Tunstall v. Powell,*No. CA-01-572 (E.D. Va. Mar. 12 & Mar. 13, 2002). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*