alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Notices]
[Page 41691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19764]


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DEPARTMENT OF ENERGY


State Energy Advisory Board (STEAB)

AGENCY: Department of Energy.

ACTION: Notice of open teleconference.

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SUMMARY: This notice announces a meeting of the State Energy Advisory 
Board. (STEAB). The Federal Advisory Committee Act (Pub. L. 92-463; 86 
Stat.770) requires that public notice of these meetings be announced in 
the Federal Register.

DATES: September 23, 2009, 2 to 3 p.m. EDT.

FOR FURTHER INFORMATION CONTACT: Gary Burch, STEAB Designated Federal 
Officer, Office of Commercialization and Project Management, Energy 
Efficiency Division, Golden Field Office, U.S. Department of Energy, 
1617 Cole Boulevard, Golden, CO 80401, Telephone 303-275-4801.

SUPPLEMENTARY INFORMATION: 
    Purpose of the Board: To make recommendations to the Assistant 
Secretary for the Office of Energy Efficiency and Renewable Energy 
regarding goals and objectives, programmatic and administrative 
policies, and to otherwise carry out the Board's responsibilities as 
designated in the State Energy Efficiency Programs Improvement Act of 
1990 (Pub. L. 101-440).
    Tentative Agenda: Discuss ways STEAB can support DOE's 
implementation of the Economic Recovery Act, and update members on the 
Board's routine business matters.
    Public Participation: The meeting is open to the public. Written 
statements may be filed with the Board either before or after the 
meeting. Members of the public who wish to make oral statements 
pertaining to agenda items should contact Gary Burch at the address or 
telephone number listed above. Requests to make oral comments must be 
received five days prior to the meeting; reasonable provision will be 
made to include requested topic(s) on the agenda. The Chair of the 
Board is empowered to conduct the meeting in a fashion that will 
facilitate the orderly conduct of business.
    Minutes: The minutes of the meeting will be available for public 
review and copying within 60 days on the STEAB Web site, http://www.steab.org.

    Issued at Washington, DC, on August 12, 2009.
Rachel Samuel,
Deputy Committee Management Officer.
[FR Doc. E9-19764 Filed 8-17-09; 8:45 am]
BILLING CODE 6450-01-P
#### § 7.465-4 Insufficient records.

If sufficient records do not exist to accurately determine under § 7.465-2 the amount which a taxpayer is at risk on the effective date, the amount at risk shall be the taxpayer's basis in the activity reduced (but not below zero) by the taxpayer's share of amounts described in section 465(b) (3) or (4) with respect to the activity on the day before the effective date.

[T.D. 7504, 42 FR 42198, Aug. 22, 1977]
#### Ana Maria Rodriguez et al., Respondents, v Frank H. Ng et al., Appellants.

[805 NYS2d 570]

*451In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Golia, J.), dated November 12, 2004, which granted the plaintiffs’ motion, in effect, to vacate a judgment entered March 29, 2004, upon their failure to oppose the defendants’ motion, inter alia, to dismiss the complaint for failure to comply with discovery demands.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the judgment entered March 29, 2004, is reinstated.

A judgment of dismissal based upon default was entered against the plaintiffs when they failed to oppose the defendants’ motion, inter alia, to dismiss the complaint for failure to comply with discovery requests. To vacate the judgment dismissing the complaint, the plaintiffs were required to proffer a reasonable excuse for their default and establish the existence of a meritorious cause of action *(see*CPLR 5015 [a] [1]; *Alliance Prop. Mgt. & Dev. v Andrews Ave. Equities,*70 NY2d 831 [1987]; *Seven Acre Wood St. Assoc. v Wood,*286 AD2d 432 [2001]; *McNeil v Milstein,*240 AD2d 549 [1997]). The record reveals an overall lack of diligence by the plaintiffs in responding to discovery demands and that the return date on the motion had been twice adjourned at their request. The plaintiffs’ only excuse, that their counsel erroneously believed that a preliminary conference order issued a week prior to the return date of the motion obviated the need to oppose the defendants’ motion, had no factual basis in the record and, in any event, did not constitute a valid excuse for their default *(see Everything Yogurt v Toscano,*232 AD2d 604 [1996]; *Martinez v Otis El. Co.,*213 AD2d 523 [1995]; *Clarke v New Rochelle Hosp. Med. Ctr.,*149 AD2d 559 [1989]; *Awad v Severino,*122 AD2d 242 [1986]). Furthermore, the plaintiffs failed to establish a meritorious cause of action *(see Cunningham v Diers,*14 AD3d 528 [2005]; *Uddin v Mirza,*10 AD3d 722 [2004]; *LaMacchia v Rogers,*8 AD3d 346 [2004]). Accordingly, the plaintiffs’ motion to vacate their default should have been denied. Schmidt, J.P., S. Miller, Mastro, Spolzino and Lunn, JJ., concur.
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7006

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. CHRISTOPHER MITCHELL, a/k/a Hassan Jones, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (2:90-cr-00020-2)
Submitted: August 20, 2009 Decided: August 27, 2009
Before WILKINSON and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Christopher Mitchell, Appellant Pro Se. John J. Frail, Assistant United States Attorney, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Christopher Mitchell appeals the district court’s order granting in part and denying in part his motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c) (2006). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district

court. United States v. Mitchell , No. 2:90-cr-00020-2 (S.D.W. Va. May 8, 2009). We deny Mitchell’s motion for appointment of counsel. 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.
AFFIRMED
#### § 15.737-25 Decision of the Administrative Law Judge.

As soon as practicable after the conclusion of a hearing and the receipt of any proposed findings and conclusions timely submitted by the parties, the Administrative Law Judge shall make the initial decision in the case. The decision shall include (a) a statement of findings and conclusions, as well as the reasons or basis therefor, upon all the material issues of fact, law, or discretion presented on the record, and (b) an order of suspension from practice before the Department or separate statutory agency thereof or other appropriate disciplinary action, or an order of dismissal of the complaint. The Administrative Law Judge shall file the decision with the Director and shall transmit a copy thereof to the respondent or his/her attorney of record. In the absence of an appeal to the General Counsel or review of the decision upon motion of the General Counsel, the decision of the Administrative Law Judge shall without further proceedings become the decision of the General Counsel 30 days from the date of the Administrative Law Judge's decision.
104TH CONGRESS

2D SESSION H. R. 1087

AN ACT

For the relief of Nguyen Quy An.
104TH CONGRESS

2D SESSION H. R. 1087

AN ACT

For the relief of Nguyen Quy An.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1087 EH

1 SECTION 1. WAIVER OF CERTAIN NATURALIZATION RE2 QUIREMENTS FOR NGUYEN QUY AN.

3 (a) IN GENERAL.—Notwithstanding the inability of

4 Nguyen Quy An to meet the requirements of section 316

5 of the Immigration and Nationality Act that relate to hav6 ing the status of an alien lawfully admitted for permanent

7 residence, and residence and physical presence in the

8 United States, if otherwise qualified he shall be considered

9 eligible for naturalization and, upon filing an application

10 for naturalization and being administered the oath of re11 nunciation and allegiance pursuant to section 337 of such

12 Act, shall be naturalized as a citizen of the United States.

13 (b) DEADLINE FOR APPLICATION AND PAYMENT OF

14 FEES.—Subsection (a) shall apply only if the application

15 for naturalization is filed with appropriate fees within 2

16 years after the date of the enactment of this Act.

Passed the House of Representatives September 27,

1996.

Attest:

Clerk.
IA

104TH CONGRESS

1ST SESSION H. J. RES. 99

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

the death penalty.

IN THE HOUSE OF REPRESENTATIVES

JUNE 30, 1995

Mr. GONZALEZ 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 prohibit the death penalty.

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, to be valid only if ratified

6 by the legislatures of three-fourths of the several States

7 within seven years after the date of the final passage of

8 this joint resolution:
2

HJ 99 IH

1 ‘‘ARTICLE—

2 ‘‘The death penalty shall not be imposed or executed

3 by the United States, or by any State, Territory or other

4 jurisdiction within the United States.’’.

Æ