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

[804 NYS2d 268]

by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered May 21, 2004, convicting him of robbery in the second degree and grand larceny in the fourth degree, after a nonjury trial, and imposing sentence.

*680Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution, we find that it was legally sufficient to establish the defendant’s guilt of robbery in the second degree beyond a reasonable doubt *(see People v Contes,*60 NY2d 620 [1983]; Penal Law § 160.10 [1]). Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the trier of fact, which saw and heard the witnesses *(see People v Gaimari,*176 NY 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record *(see People v Garafolo,*44 AD2d 86, 88 [1974]). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see*CPL 470.15 [5]). Crane, J.P., Ritter, Goldstein and Lifson, JJ., concur.
§ 1.904(g)-2 Recapture of overall domestic losses. ( a ) *In general.* A taxpayer shall recapture an overall domestic loss as provided in this section. Recapture is accomplished by treating a portion of the taxpayer's U.S. source taxable income as foreign source income. The recharacterized income is allocated among and increases foreign source income in separate categories in proportion to the balances of the overall domestic loss accounts with respect to those separate categories. As a result, if the taxpayer chooses the benefits of section 901, the taxpayer's foreign tax credit limitation is increased. As provided in § 1.904(g)-1(e)(2), the balance in a taxpayer's overall domestic loss account with respect to a separate category is reduced at the end of each taxable year by the amount of loss recaptured during that taxable year. Recapture continues until the amount of U.S. source income recharacterized as foreign source income equals the amount in the overall domestic loss account.
( b ) *Determination of U.S. source taxable income for purposes of recapture.* For purposes of determining the amount of an overall domestic loss subject to recapture, the taxpayer's taxable income from U.S. sources shall be computed in accordance with the rules set forth in § 1.904(g)-1(c)(4). U.S. source taxable income shall be determined by taking into account adjustments for capital gains and losses and qualified dividend income in a similar manner to the adjustments made to foreign source taxable income under section 904(b)(2) and § 1.904(b)-1, following the principles of § 1.904(b)-1(h)(1)(i).
( c ) *Section 904(g)(1) recapture.* The amount of any U.S. source taxable income subject to recharacterization in a taxable year in which paragraph (a) of this section applies is the lesser of the aggregate balance of the taxpayer's overall domestic loss accounts or 50 percent of the taxpayer's U.S. source taxable income (as determined under paragraph (b) of this section).
( d ) *Effective/applicability date.* This section applies to taxpayers that sustain an overall domestic loss for a taxable year beginning on or after January 1, 2012. Taxpayers may choose to apply this section to overall domestic losses sustained in other taxable years beginning after December 31, 2006, including periods covered by 26 CFR 1.904(g)-2T (revised as of April 1, 2010).
[T.D. 9595, 77 FR 37581, June 22, 2012]
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 22-0722

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

BRYAN NEIL ARVIDSON,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including July 19, 2023, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

June 13 2023

06/13/2023

Case Number: DA 22-0722
§ 1010.915 Examination of witnesses and records. ( a ) *General.* Any delegate of the Secretary authorized under § 1010.912 of this chapter to issue a summons, or any officer or employee of the Treasury Department or any component thereof who is designated by that person (whether in the summons or otherwise), is hereby authorized to receive evidence and to examine witnesses pursuant to the summons. Any person authorized by law may administer any oaths and affirmations that may be required under this subpart.
( b ) *Testimony taken under oath.* Testimony of any person under this chapter may be taken under oath, and shall be taken down in writing by the person examining the person summoned or shall be otherwise transcribed. After the testimony of a witness has been transcribed, a copy of that transcript shall be made available to the witness upon request, unless for good cause the person issuing the summons determines, under 5 U.S.C. 555, that a copy should not be provided. If such a determination has been made, the witness shall be limited to inspection of the official transcript of the testimony.
( c ) *Disclosure of summons, testimony, or records.* Unless the Secretary or a delegate of the Secretary listed under § 1010.912(a) of this chapter so authorizes in writing, or it is otherwise required by law, no delegate of the Secretary listed under § 1010.912 (b) or (c) of this chapter or other officer or employee of the Treasury Department or any component thereof shall— ( 1 ) Make public the name of any person to whom a summons has been issued under this chapter, or release any information to the public concerning that person or the issuance of a summons to that person prior to the time and date set for that person's appearance or production of records; or
( 2 ) Disclose any testimony taken (including the name of the witness) or material presented pursuant to the summons, to any person other than an officer or employee of the Treasury Department or of any component thereof. Nothing in the preceding sentence shall preclude a delegate of the Secretary, or other officer or employee of the Treasury Department or any component thereof, from disclosing testimony taken, or material presented pursuant to a summons issued under this chapter, to any person in order to obtain necessary information for investigative purposes relating to the performance of official duties, or to any officer or employee of the Department of Justice in connection with a possible violation of Federal law.
#### § 403.42 Return of defective petition.

If the petition is defective in some correctable respect, the original of the petition will be returned by letter to the petitioner who will be allowed to submit a corrected petition, in triplicate, within a reasonable time.
#### § 1010.916 Enforcement of summons.

In the case of contumacy by, or refusal to obey a summons issued to, any person under this chapter, the Secretary or any delegate of the Secretary listed under § 1010.912 of this chapter shall refer the matter to the Attorney General or delegate of the Attorney General (including any United States Attorney or Assistant United States Attorney, as appropriate), who may bring an action to compel compliance with the summons in any court of the United States within the jurisdiction of which the investigation which gave rise to the summons being or has been carried on, the jurisdiction in which the person summoned is a resident, or the jurisdiction in which the person summoned carries on business or may be found. When a referral is made by a delegate of the Secretary other than a delegate named in § 1010.912(a) of this chapter, prompt notification of the referral must be made to the Director, FinCEN. The court may issue an order requiring the person summoned to appear before the Secretary or delegate of the Secretary to produce books, papers, records, or other data, to give testimony as may be necessary in order to explain how such material was compiled and maintained, and to pay the costs of the proceeding. Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any case under this section may be served in any judicial district in which such person may be found.
Exhibit 35.4

225 Franklin Street 18th Floor

Boston, MA 02110

T 877.526.3562

ngkf.com

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 d/b/a Newmark Knight Frank, as Primary Servicer, the undersigned, Ronald Steffenino, a Senior Managing Director of Berkeley Point Capital LLC d/b/a Newmark Knight Frank, 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 Primary 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 Primary 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 31st day of January, 2020.

Berkeley Point Capital LLC d/b/a Newmark Knight Frank

  /s/ Ronald Steffenino

Ronald Steffenino

Senior Managing Director,

Servicing and Asset Management

 

 

BPC d/b/a NKF Primary Servicer for Midland

 

----

Schedule I

Commercial Mortgage Pass-Through Certificates; Berkeley Point Capital LLC d/b/a Newmark Knight Frank as Primary Servicer:

COMM 2014-CCRE 17COMM 2014-CCRE19

GSMS 2014-GC24COMM 2014-UBS4

COMM 2015-CCRE23COMM 2015 CCRE27

GSMS 2015-GC30COMM 2015-LC19

COMM 2015-LC21CFCMT 2016-C3

CGCMT 2016-C3CFCRE 2016-C7

CCRESG 2016 HEATCCUBS 2017-C1

CGCMT 2017-C4UBS 2017-C5

BMARK 2018 B3MSCI 2018 L1

UBS 2018 C12UBS 2018 C14

UBS 2018 C8UBS 2018 C9

MSCI 2018 H4MSCI 2019 L2

 

BPC d/b/a NKF Primary Servicer for Midland
EXHIBIT 32.1
                                                                    ------------




                            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 on Form 10-Q of Able Laboratories,
Inc. (the "Company") for the quarter ended March 31, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned Chief Executive Officer and Chief Financial Officer of the Company
certify, to the best knowledge and belief of each signatory, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to Section 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
Company.


                                                 /s/ Dhananjay G. Wadekar
                                                 ------------------------
                                                 Dhananjay G. Wadekar
                                                 Chief Executive Officer
                                                (Principal Executive Officer)



                                                 /s/ Robert Weinstein
                                                 ------------------------
                                                 Robert Weinstein
                                                 Chief Financial Officer
                                                (Principal Financial Officer)

Date:     May 7, 2004
#### The People of the State of New York, Respondent, v John Aguste, Also Known as John Auguste, Appellant.

[804 NYS2d 244]

Judgment, Supreme Court, New York County (John Cataldo, J.), rendered May 5, 2003, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of three years to life, unanimously affirmed.

Defendant is not entitled, pursuant to the amelioration doc*307trine of *People v Behlog (74*NY2d 237 [1989]), to the benefit of the reduced penalty contained in the Drug Law Reform Act (L 2004, ch 738) because he was sentenced before the statute’s effective date *(People v Walker,*81 NY2d 661, 666-667 [1993]). Moreover, this Court has also concluded that the Legislature negated the amelioration doctrine by providing that the provisions of the new law upon which defendant relies apply only to crimes committed after the effective date of the section of the act containing those provisions *(People v Nelson,*21 AD3d 861 [2005]). Concur—Buckley, P.J., Mazzarelli, Ellerin, Catterson and McGuire, JJ.
§ 31.6205-2 Adjustments of underpayments of hospital insurance taxes that accrue after March 31, 1986, and before January 1, 1987, with respect to wages of State and local government employees. ( a ) *Adjustments without interest.* A State or local government employer who makes, or has made, an undercollection or underpayment of the hospital insurance taxes imposed by sections 3101(b) and 3111(b) that— ( 1 ) Are required to be paid by reason of section 3121(u)(2), and
( 2 ) Are required to be reported on returns due July 31, 1986, October 31, 1986, or February 2, 1987. may make an adjustment without interest with respect to such taxes provided that all such taxes for the time period specified in paragraph (a)(2) (except for amounts that are subsequently paid pursuant to an interest-free adjustment under § 31.6205-1) are paid on or before February 2, 1987.
( b ) *Example.* The application of the provisions of this section are illustrated by the following example:
Example. A State or local government employer should have withheld and paid $100 dollars in hospital insurance taxes for the quarter beginning April 1, 1986, and ending June 30, 1986. The due date for the return and payment for that period is July 31, 1986. If the employer made the payment by February 2, 1987, then, under section 6601, interest is not assessable with respect to the underpayment of the hospital insurance taxes. If the employer did not make the payment by February 2, 1987, the interest is assessable for the period from July 31, 1986, until the time of payment.
[T.D. 8156, 52 FR 33582, Sept. 4, 1987]
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, April 04, 2018. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, April 04, 2018 The Court of Appeals hereby passes the following order A18D0376. THE STATE v. MICHAEL DONOVAN ROSS.
Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this order. The Clerk of Superior Court is directed to include a copy of this order in the record transmitted to the Court of Appeals.
LC NUMBERS: 2014C48790
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 75 Agreed to Senate (ATS)]

103d CONGRESS
  1st Session
S. RES. 75

      To extend the ``Jacob K. Javits Senate Fellowship Program''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 3, 1993

   Mr. Ford (for Mr. Mitchell) (for himself, Mr. Dole, and Mr. Pell) 
 submitted the following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
      To extend the ``Jacob K. Javits Senate Fellowship Program''.

    Resolved, That this resolution may be cited as the ``Jacob K. 
Javits Senate Fellowship Program Extension Resolution''.

           fellowship program extended; eligible participants

    Sec. 2. (a) In order to encourage increased participation by 
outstanding students in a public service career, the Jacob K. Javits 
Senate Fellowship Program is hereby extended for five years.
    (b) The Jacob K. Javits Foundation, Incorporated, New York, New 
York, shall select Senate Fellowship participants. Each such 
participant shall complete a program of graduate study in accordance 
with criteria agreed upon by the Jacob K. Javits Foundation, 
Incorporated.

                 senate component of fellowship program

    Sec. 3. (a) The Secretary of the Senate (hereinafter ``Secretary'') 
is authorized from funds made available under section 4, to appoint and 
fix the compensation of each eligible participant selected under 
section 2 for a period determined by the Secretary. The period of 
employment for each participant shall not exceed one year. Compensation 
paid to participants under this resolution shall not supplement 
stipends received from the Secretary of Education under the Fellowship 
Program.
    (b) For any fiscal year no more than ten fellowship participants 
shall be so employed.
    (c) The Secretary, after consultation with the majority leader and 
the minority leader of the Senate, shall place eligible participants in 
positions in the Senate that are, within practical considerations, 
supportive of the fellowship participants' academic programs.

                                 funds

    Sec. 4. The funds necessary to compensate any such eligible 
participant shall be made available for five years to the Secretary and 
paid from the contingent fund of the Senate. For the succeeding five 
years of this program such funds shall not exceed $250,000 each year.

                           program extension

    Sec. 5. This program shall terminate September 30, 1998. Three 
months prior to such expiration the Secretary shall submit a report 
evaluating the program to the Majority Leader and the Senate along with 
recommendations concerning the program's extension and continued 
funding level.

                                 <all>
```
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 22 Introduced in House (IH)]

104th CONGRESS
  1st Session
H. J. RES. 22

  Proposing an amendment to the Constitution of the United States to 
                       require a balanced budget.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

   Mr. Volkmer 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 
                       require a balanced budget.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution, which shall be valid to all intents and 
purposes as part of the Constitution when ratified by the legislatures 
of three-fourths of the several States within seven years after the 
date of its submission to the States for ratification:

                              ``Article--

    ``Section 1. Total outlays for any fiscal year shall not exceed 
total receipts for that fiscal year, unless three-fifths of the whole 
number of each House of Congress shall provide by law for a specific 
excess of outlays over receipts by a rollcall vote.
    ``Section 2. The limits on the debt of the United States held by 
the public shall not be increased, unless three-fifths of the whole 
number of each House shall provide by law for such an increase by a 
rollcall vote.
    ``Section 3. Prior to each fiscal year, the President shall 
transmit to the Congress a proposed budget for the United States 
Government for that fiscal year, in which total outlays do not exceed 
total receipts.
    ``Section 4. No bill to increase revenue shall become law unless 
approved by a majority of the whole number of each House by a rollcall 
vote.
    ``Section 5. The Congress may waive the provisions of this article 
for any fiscal year in which a declaration of war is in effect. The 
provisions of this article may be waived for any fiscal year in which 
the United States is engaged in military conflict which causes an 
imminent and serious military threat to national security and is so 
declared by a joint resolution, adopted by a majority of the whole 
number of each House, which becomes law.
    ``Section 6. The Congress shall enforce and implement this article 
by appropriate legislation, which may rely on estimates of outlays and 
receipts.
    ``Section 7. Total receipts shall include all receipts of the 
United States Government except for those for repayment of debt 
principal.
    ``Section 8. This article shall take effect beginning with fiscal 
year 2001 or with the second fiscal year beginning after its 
ratification, whichever is later.''.
                                 <all>
```