alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Neil B. Webb et al., Respondents, v Torrington Industries, Inc., Appellant.

(Appeal No. 3.)

[803 NYS2d 487]

Appeal from an order and judgment (one paper) of the Supreme Court, Oswego County (James W. McCarthy, J.), entered June 14, 2004 in a breach of contract action. The order and judgment awarded plaintiffs attorneys’ fees of $41,652 and disbursements of $2,956.81.

It is hereby ordered that the order and judgment so appealed *1125from be and the same hereby is unanimously affirmed without costs for the reasons stated at Supreme Court. Present—Kehoe, J.P., Martoche, Pine, Lawton and Hayes, JJ.
Exhibit 32.2

                            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 Quarterly Report of Krupp Government Income Trust (the
"Trust") on Form 10-Q for the period ending March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Alan
Reese, Chief Accounting Officer of the Trust, certify, pursuant to18 U.S.C. ss.
1350, as adopted pursuant to ss. 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; and

      (2)   The information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Trust as of March 31, 2004 (the last date of the period
            covered by the Report).

/s/ Alan Reese
------------------------
Alan Reese
Chief Accounting Officer

Date: May 5, 2004


                                      -16-
#### The People of the State of New York, Respondent, v Douglas E. McCawley, Appellant.

[803 NYS2d 490]

Appeal from a judgment of the Herkimer County Court (Patrick L. Kirk, J.), rendered September 8, 2004. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree (two counts), criminal use of a firearm in the first degree (two counts) and robbery in the first degree (four counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of two counts each of burglary in the first degree (Penal Law § 140.30 [1], [4]) and criminal use of a firearm in the first degree (§ 265.09 [1] [b]) and four counts of robbery in the first degree (§ 160.15 [2], [4]). We reject the contention of defendant that County Court failed to ensure that his plea was knowingly, intelligently, and voluntarily entered *(see People v Vincent,*305 AD2d 1108, 1109 [2003], *lv denied*100 NY2d 588 [2003]; *People v Norman,*284 AD2d 933 [2001], *lv denied*96 NY2d 905 [2001]). Nothing in the plea colloquy calls into question defendant’s mental capacity or the knowing and intelligent nature of the plea *(see People v Smith,*5 AD3d 1095 [2004], *lv denied 2*NY3d 807 [2004]; *People v D'Adamo,*281 AD2d 751, 752 [2001]). We thus conclude that the court did not abuse its discretion in accepting the plea or in denying defendant’s subsequent motion to withdraw the plea on the ground that defendant allegedly was so “heavily medicated” and “sedated” that he was unable to plead guilty in a knowing and intelligent manner. Moreover, the conclusory and unsubstantiated assertion of defendant at sentencing that his plea was coerced is refuted by defendant’s statements during the plea proceeding *(see People v McKinnon,*5 AD3d 1076 [2004], *lv denied 2*NY3d 803 [2004]; *People v Quijada-Lopez,*256 AD2d 478 [1998], *lv denied*93 NY2d 928 [1999]). Finally, the *1158bargained-for sentence is not unduly harsh or severe. Present— Pigott, Jr., P.J., Scudder, Kehoe, Smith and Pine, JJ.
[Federal Register Volume 74, Number 18 (Thursday, January 29, 2009)]
[Notices]
[Page 5173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1962]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Mental Health; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Mental Health Special 
Emphasis Panel; Research Education Grants.
    Date: March 20, 2009.
    Time: 8:30 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: St. Gregory Hotel, 2033 M Street, NW., Washington, DC 
20036.
    Contact Person: Allan F. Mirsky, PhD, Scientific Review 
Administrator, Division of Extramural Activities, National Institute 
of Mental Health, NIH, Neuroscience Center, 6001 Executive 
Boulevard, Rm. 6157, MSC 9609, Bethesda, MD 20892-9609, 301-496-
2551, <a href="/cdn-cgi/l/email-protection#c2a3a4afabb0b1a9bb82afa3abaeecacabaaeca5adb4"><span class="__cf_email__" data-cfemail="5130373c3823223a28113c30383d7f3f38397f363e27">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.242, 
Mental Health Research Grants; 93.281, Scientist Development Award, 
Scientist Development Award for Clinicians, and Research Scientist 
Award; 93.282, Mental Health National Research Service Awards for 
Research Training, National Institutes of Health, HHS)

    Dated: January 23, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-1962 Filed 1-28-09; 8:45 am]
BILLING CODE 4140-01-P


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EXHIBIT 35.4



LOGO

Officers Certificate

Pursuant to the requirements of the applicable Servicing Agreement for the transactions listed on Schedule I hereto, for which Midland Loan Services, a
Division of PNC Bank, National Association, as Master Servicer, and Berkeley Point Capital LLC, as Servicer, the undersigned, Ronald Steffenino, a Senior Managing Director of Berkeley Point Capital LLC, hereby certifies subject to any limitations
listed on Schedule I hereto, as of the date hereof, solely in his capacity as an officer and not in his individual capacity, as follows:



| | 1. | A review of the activities of the Servicer during the preceding calendar year (the Reporting Period) and of its performance under the Agreement has been made under my supervision; and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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

IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the 1st day of March, 2018.



|                                                        
|--------------------------------------------------------
|Berkeley Point Capital LLC                              
|                                                        
|/s/ Ronald Steffenino                                   
|Ronald Steffenino                                       
|Senior Managing Director, Servicing and Asset Management



---

LOGO

Schedule I

Multifamily Pass-Through Certificates, Berkeley Point Capital LLC as Sub-Servicer:

Series 2009-K4

Series 2010-K5

Series 2011-K10

Series 2011-K12

Series 2012-K709

Series 2013-K24

Series 2013-KF02

Series 2014-K503

Series
2014-KF06

Series 2015-KF07

Series 2015-KF08

Series
2015-KF10

Series 2015-KF12

Series 2016-KF13

Series
2016-KF16

Series 2016-KSW1

Series 2016-KF18

Series
2016-KF26

Series 2017-K71

Series 2017-K724

Series
2017-K725

Series 2017-K726

Series 2017-K727

Series
2017-K728

Series 2017-KF29

Series 2017-KF33

Series
2017-KF35

Series 2017-KF38

Series 2017-KSW2

Series
2017-KSW3



---

LOGO

Schedule I continued

Commercial Mortgage Pass-Through Certificates; Berkeley Point Capital LLC as Primary Servicer:

COMM 2014-CCRE 17 Mortgage Trust

COMM 2014-CCRE19 Mortgage Trust

Series 2014-GC24

COMM 2014-UBS4
Mortgage Trust

2015-CCRE23

COMM 2015 CCRE27 Mortgage Trust

Series 2015-GC30

2015-GS1

GSCCRE Commercial Mortgage Trust 2015-HULA

COMM 2015-LC19 Mortgage Trust

COMM 2015-LC21

CFCRE 2016-C3 Mortgage Trust

CGCMT 2016-C3

CFCRE 2016-C7

CCRESG Commercial Mortgage Trust 2016-HEAT

CCUBS Commercial Mortgage Trust 2017-C1

Citigroup Commercial Mortgage Trust 2017-C4

UBS Commercial Mortgage Trust 2017-C5
§ 31.3306(c)(17)-1 Fishing services. ( a ) *In general.* Subject to the limitations prescribed in paragraphs (b) and (c) of this section, services described in this paragraph are excepted from employment. Services performed by an individual in the catching, taking, harvesting, cultivating, or farming of any kind of fish, shell-fish (for example, oysters, clams, and mussels), crustacea (for example, lobsters, crabs, and shrimps), sponges, seaweeds, or other aquatic forms of animal and vegetable life are excepted. The exception extends to services performed as an officer or member of the crew of a vessel while the vessel is engaged in any such activity whether or not the officer or member of the crew is himself so engaged. In the case of an individual who is engaged in any such activity in the employ of any person, the services performed, by such individual in the employ of such person, as an ordinary incident to any such activity are also excepted. Similarly, for example, the shore services of an officer or member of the crew of a vessel engaged in any such activity are excepted if such services are an ordinary incident to any such activity. Services performed as an ordinary incident to any such activity may include, for example, services performed in such cleaning, icing, and packing of fish as are necessary for the immediate preservation of the catch.
( b ) *Salmon and halibut fishing.* Services performed in connection with the catching or taking of salmon or halibut, for commercial purposes, are not within the exception. Thus, neither the services of an officer or member of the crew of a vessel (irrespective of its tonnage) which is engaged in the catching or taking of salmon or halibut, for commercial purposes, nor the services of any other individual in connection with such activity, are within the exception.
( c ) *Vessels of more than 10 net tons.* Services described in paragraph (a) of this section performed on or in connection with a vessel of more than 10 net tons are not within the exception. For purposes of the exception, the tonnage of the vessel shall be determined in the manner provided for determining the register tonnage of merchant vessels under the laws of the United States.
###### Editorial Note on Part 10

#### Editorial Note:

Nomenclature changes to part 10 appear by T.D. 9359, 72 FR 54544, Sept. 26, 2007.

#### § 10.23 Prompt disposition of pending matters.

A practitioner may not unreasonably delay the prompt disposition of any matter before the Internal Revenue Service.
* Pursuant to Local Rule 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 Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 95-20552 Conference Calendar

__________________
CARL W. DAVIS, CHARLES J. CHANNELL, CLIFFORD RICE, ROBERT LAND, MICHAEL D. MILLER, ROBERT G. WHITE, MICHAEL BRYANT, GREGORY THARP, JOHN NEWELL, Plaintiffs, MICHAEL CAIN, Plaintiff-Appellant,

versus JOHNNY KLEVENHAGEN, Sheriff, et al., Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CA-H-94-1302

- - - - - - - - - - February 29 1996 Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM: * Michael Cain appeals from the district court's judgment dismissing his civil rights action with prejudice pursuant to 28 U.S.C. § 1915(d). Cain argues that the district court erred in dismissing the complaint without giving him an opportunity to plead his best case. We have reviewed the record and theNo. 95-20552 -2- district court's opinion and find no reversible error. A separate suit by individuals for equitable relief is disallowed to avoid interference with the orderly administration of the class action. See Gillespie v. Crawford , 858 F.2d 1101, 1103 (5th Cir. 1988) (en banc). Moreover, supervisory officials are not liable for the actions of subordinates on a theory of vicarious liability or respondeat superior. See Thompkins v. Belt , 828 F.2d 298, 303 (5th Cir. 1987). On appeal, Cain can present no legal points arguable on their merits, and the appeal is frivolous. See Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983). Because the appeal is frivolous, it is DISMISSED. See 5th Cir. Rule 42.2. The motions to amend the complaint, for appointment of counsel, and for an extension of time to file a brief are DENIED. We caution Cain that any additional frivolous appeals filed by him will invite the imposition of sanction. To avoid sanctions, Cain is further cautioned to review any pending appeals to ensure that they do not raise arguments that are frivolous because they have been previously decided by this court.
APPEAL DISMISSED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT
OF 1934 FOR THE QUARTERLY PERIOD ENDED DECEMBER 31, 1996.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-END>                               DEC-31-1996
<CASH>                                       1,018,727
<SECURITIES>                                 2,180,232
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,262,440
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              13,210,599
<CURRENT-LIABILITIES>                          273,949
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  11,780,981
<TOTAL-LIABILITY-AND-EQUITY>                13,210,599
<SALES>                                              0
<TOTAL-REVENUES>                               158,220
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               442,618
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (2,482,829)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,482,829)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,482,829)
<EPS-PRIMARY>                                  (66.69)<F1>
<EPS-DILUTED>                                  (66.69)<F1>
<FN>
<F1>EPS IS NET INCOME (LOSS) PER $1,000 LIMITED PARTNERSHIP UNIT.
</FN>
        

</TABLE>
Amendment Number Four to the EDS 1998 Supplemental Executive Retirement Plan



 Exhibit 10.5 
 AMENDMENT NUMBER FOUR 
 to the 
 EDS 1998 SUPPLEMENTAL EXECUTIVE RETIRMENT PLAN 
 Section 6.2(a) of the EDS
1998 Supplemental Executive Retirement Plan (the “Plan”) provides that the Compensation and Benefits Committee (the “Committee”) of the Board of Directors of Electronic Data Systems Corporation, a Delaware corporation
(“EDS”), may amend the Plan at any time. In accordance with that authority the Committee amended the Plan on October 20, 2005 in the manner set forth below. This is the fourth amendment to the Plan, with the first, second and third
amendments having been adopted on October 20, 2003, February 3, 2004 and July 23, 2004, respectively. 
 1.
Section 3.1(a) is deleted in its entirety and is replaced with the following new Section 3.1(a): 
  

	 	(a)	be designated as a Participant by the Compensation and Benefits Committee, which designation is reflected on the attached Schedule “A,” as amended from time to time.


 2. This Amendment is effective October 20, 2005. 
 IN WITNESS WHEREOF, this Amendment Number Four is executed on this 31st day of July, 2006. 
  

	
	COMPENSATION AND BENEFITS COMMITTEE OF THE BOARD OF DIRECTORS OF ELECTRONIC DATA SYSTEMS CORPORATION
	
	FOR THE COMMITTEE:
	
	/S/ M.E. PAOLUCCI
	Michael E. Paolucci, Secretary
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Mental Health Special Emphasis Panel; Research Education Grants.                    

*Date:*                         March 20, 2009.                    

*Time:*                         8:30 a.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         St. Gregory Hotel, 2033 M Street, NW., Washington, DC 20036.                    

*Contact Person:*                         Allan F. Mirsky, PhD, Scientific Review Administrator, Division of Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, 6001 Executive Boulevard, Rm. 6157, MSC 9609, Bethesda, MD 20892-9609, 301-496-2551,                         *afmirsky@mail.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.242, Mental Health Research Grants; 93.281, Scientist Development Award, Scientist Development Award for Clinicians, and Research Scientist Award; 93.282, Mental Health National Research Service Awards for Research Training, National Institutes of Health, HHS)

Dated: January 23, 2009.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-1962 Filed 1-28-09; 8:45 am]

BILLING CODE 4140-01-P
IA

104TH CONGRESS

1ST SESSION H. J. RES. 40

Proposing an amendment to the Constitution of the United States to restrict

annual deficits by limiting the public debt of the United States and

requiring a favorable vote of the people on any law to exceed such

limits.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. PICKETT introduced the following joint resolution; which was referred to

the Committee on the Judiciary

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United

States to restrict annual deficits by limiting the public

debt of the United States and requiring a favorable

vote of the people on any law to exceed such limits.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all

6 intents and purposes as part of the Constitution when

7 ratified by the legislatures of three-fourths of the several
2

HJ 40 IH

1 States within seven years after the date of its submission

2 for ratification:

3 ‘‘ARTICLE—

4 ‘‘SECTION 1. The public debt of the United States

5 shall not in any fiscal year increase by more than one per6 cent of the amount of the public debt outstanding at the

7 beginning of such year unless authorized by a law ap8 proved by a majority of the Members elected to each the

9 Senate and House of Representatives, which law shall not

10 take effect until it shall have been submitted to the people

11 at an election and a majority of those voting on the ques12 tion shall have approved such law.

13 ‘‘SECTION 2. Section 1 shall not apply to public debt

14 contracted—

15 ‘‘(1) to repel invasion of the United States;

16 ‘‘(2) to defend the United States in time of

17 war;

18 ‘‘(3) to support the Armed Forces of the United

19 States in time of war; or

20 ‘‘(4) to redeem a previous debt obligation of the

21 United States.

22 ‘‘SECTION 3. This article shall take effect beginning

23 with the second fiscal year beginning after its ratifica24 tion.’’.

Æ