alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 509.116 Students or apprentices. ( a ) *General.* Under Article XIII of the convention, a student or apprentice, a nonresident alien who is a resident of Switzerland, who temporarily visits the United States exclusively for the purposes of study or for acquiring business or technical experience shall not include in gross income, and shall be exempt from United States tax with respect to, amounts derived by him in taxable years beginning on or after January 1, 1951, and received during such years from without the United States as remittances for the purposes of his maintenance or studies.
( b ) *Residence.* The exemption shall not apply to remittances received by an alien who is a resident of the United States or who is not a resident of Switzerland.
PROMISSORY NOTE


                                                                     Dated as of
$485,400                                                           April 1, 1998


                  FOR VALUE RECEIVED, the undersigned,  Paul A. Moore ("Maker"),
hereby  promises  to pay to the  order  of  WorldPort  Communications,  Inc.,  a
Delaware corporation ("Payee"), its successors and assigns, the principal amount
of FOUR HUNDRED EIGHTY-FIVE  THOUSAND FOUR HUNDRED DOLLARS ($485,400).  Interest
shall  accrue on the unpaid  principal at a rate of nine percent (9%) per annum.
The principal  amount of this Note and all accrued and unpaid  interest shall be
paid on August 1, 2000.

                  Payment  for  both  principal  and  interest  is to be made in
lawful money of the United  States of America by bank draft or certified  check.
This Note may be  prepaid  in whole or in part at any time  without  premium  or
penalty.

                  In addition to and not in limitation of the  foregoing,  Maker
hereby agrees,  subject only to any limitation imposed by applicable law, to pay
all  reasonable  expenses,   including  reasonable  attorneys'  fees  and  legal
expenses,  incurred  by the holder of this Note in  endeavoring  to collect  any
amounts payable hereunder which are not paid when due.

                  All  parties  hereto,   whether  as  makers,   endorsers,   or
otherwise,  severally waive presentment for payment, demand, protest, and notice
of dishonor.

                  THIS NOTE IS MADE UNDER AND  GOVERNED BY THE LAWS OF THE STATE
OF DELAWARE, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.




                                                              Paul A. Moore
July 2, 2015



### JUDGMENT 

## The Fourteenth Court of Appeals

HERITAGE OPERATING, L.P. , Appellant

NO. 14

- 14

- 00187

- CV V.

BARBER HILL INDEPEND ENT SCHOOL DISTRICT; CH AMBERS COUNTY
,

AND THE CITY OF MONT BELVIEU , Appellee s

________________________________ This cause, an appeal from the judgment in favor of appellee, Barber Hill Independent School District; Chambers County
, and the City of Mont Belvieu, signed February 6 , 2014, was heard on the transcript of the record. We have inspected the record and find no error in the judgment. We order the judgment of the court below AFFIRMED

. We order appellant, Heritage Operating, L.P., to pay all costs incurred in this appeal.

We further order this decision certified below for observance.
1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please

2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 

3 Please also note that this electronic memorandum opinion may contain computer-generated

4 errors or other deviations from the official paper version filed by the Court of Appeals and does

5 not include the filing date. 

6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

7 ASHWANI SHARMA,

8 Petitioner-Appellant,

9 v. NO. 30,250

10 SVETLANA SHARMA,

11 Respondent-Appellee.

12 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY

13 Angela J. Jewell, District Judge

14 Law Offices of Lynda Latta, LLC

15 Lynda Latta

16 Linda L. Ellison

17 Albuquerque, NM

18 for Appellant

19 Armand T. Carian

20 Albuquerque, NM

21 for Appellee

22 MEMORANDUM OPINION
2

1 CASTILLO, Judge.

2 Petitioner appeals from the district court’s judgment and final decree of

3 dissolution of marriage filed on January 11, 2010. [RP 673] Petitioner sought

4 reconsideration of the district court’s January 11th order by filing a motion for a new

5 trial or to reconsider on January 25, 2010. [RP 632] This Court issued a calendar

6 notice proposing to dismiss the appeal for lack of a final order. Petitioner has filed a

7 memorandum in support and request for mandate to the district court.

8 In this Court’s calendar notice, we pointed out that when a post-judgment

9 motion is filed that could alter, amend, or moot the judgment, the judgment is no

10 longer final for purposes of appeal, and the time for filing a notice of appeal begins

11 to run from the filing of the order disposing of the post-judgment motion. See

12 Grygorwicz v. Trujillo, 2009-NMSC-009, ¶ 8, 145 N.M. 650, 203 P.3d 865; Dickens

13 v. Laurel Healthcare LLC, 2009-NMCA-122, ¶ 6, 147 N.M. 303, 222 P.3d 675.

14 Based on this proposition, we proposed to conclude that Petitioner’s act of requesting

15 reconsideration of the district court’s decision rendered the underlying order non-final.

16 Further, because it appeared that the district court had not ruled on Petitioner’s

17 motion, we proposed to dismiss the appeal for lack of a final order.

18 To the extent Petitioner opposes this Court’s decision to dismiss her appeal as

19 premature [MIS 2 (“Appellant does oppose the proposed dismissal[.]”)], we note that
3

1 Petitioner has not provided any argument or authority to demonstrate that this matter

2 is final for purpose of appeal. “Our courts have repeatedly held that, in summary

3 calendar cases, the burden is on the party opposing the proposed disposition to clearly

4 point out errors in fact or law.” Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124

5 N.M. 754, 955 P.2d 683. We therefore dismiss Petitioner’s appeal as premature, and

6 request that the district court resolve the motions pending in this matter.

7 IT IS SO ORDERED.

8 ________________________________

9 CELIA FOY CASTILLO, Judge

10 WE CONCUR:

11 __________________________________

12 CYNTHIA A. FRY, Chief Judge

13 __________________________________

14 LINDA M. VANZI, Judge
<TABLE> <S> <C>

<ARTICLE>              9
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                      15,364,874
<INT-BEARING-DEPOSITS>                         149,598
<FED-FUNDS-SOLD>                             8,500,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 36,453,096
<INVESTMENTS-CARRYING>                      19,395,691
<INVESTMENTS-MARKET>                        19,271,324
<LOANS>                                    199,856,122
<ALLOWANCE>                                  3,323,262
<TOTAL-ASSETS>                             290,801,956
<DEPOSITS>                                 266,513,822
<SHORT-TERM>                                 1,697,941
<LIABILITIES-OTHER>                          1,386,333
<LONG-TERM>                                  1,025,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        27,975
<OTHER-SE>                                  20,150,885
<TOTAL-LIABILITIES-AND-EQUITY>             290,801,956
<INTEREST-LOAN>                              4,509,123
<INTEREST-INVEST>                              881,092
<INTEREST-OTHER>                               163,934
<INTEREST-TOTAL>                             5,554,149
<INTEREST-DEPOSIT>                           2,503,775
<INTEREST-EXPENSE>                           2,540,708
<INTEREST-INCOME-NET>                        3,013,441
<LOAN-LOSSES>                                  150,000
<SECURITIES-GAINS>                             106,251
<EXPENSE-OTHER>                              2,245,764
<INCOME-PRETAX>                              1,054,965
<INCOME-PRE-EXTRAORDINARY>                   1,054,965
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   634,165
<EPS-PRIMARY>                                     0.23
<EPS-DILUTED>                                     0.23
<YIELD-ACTUAL>                                    4.38
<LOANS-NON>                                  5,205,321
<LOANS-PAST>                                   835,942
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                500,000
<ALLOWANCE-OPEN>                             3,354,311
<CHARGE-OFFS>                                  189,118
<RECOVERIES>                                     8,069
<ALLOWANCE-CLOSE>                            3,323,262
<ALLOWANCE-DOMESTIC>                         3,323,262
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
#### The People of the State of New York, Respondent, v Cynthia L. Bosse, Appellant.

[803 NYS2d 472]

Appeal from a judgment of the Livingston County Court (Ronald A. Cicoria, J.), rendered August 10, 2004. The judgment convicted defendant, upon her plea of guilty, of, inter alia, burglary in the third degree.

*1064It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of, inter alia, burglary in the third degree (Penal Law § 140.20). Contrary to the contention of defendant, County Court did not abuse its discretion in denying her request for youthful offender status *(see People v McDaniels,*19 AD3d 1071, 1072 [2005]; *People v Jefferson,*303 AD2d 1009, 1010 [2003], *Iv denied*100 NY2d 621 [2003]). We decline to exercise our interest of justice jurisdiction to adjudicate defendant a youthful offender *(see People v Potter,*13 AD3d 1191 [2004], *Iv denied*4 NY3d 889 [2005]; *People v Frens,*299 AD2d 893 [2002], *Iv denied*99 NY2d 614 [2003]; *People v Phillips,*289 AD2d 1021, 1022 [2001]). Present—Hurlbutt, J.P., Scudder, Gorski, Smith and Lawton, JJ.
Editorial Note on Subchapter A of Chapter II
Editorial Note: Nomenclature changes to subchapter A appear at 78 FR 60697, Oct. 2, 2013.

§ 281.7 Limitations. The following limitations apply to the purchase and holding of foreign exchange: ( a ) Unless otherwise authorized by the Secretary, no agency or accountable officer shall purchase, or direct the purchase of, foreign exchange from any source outside the Government of the United States, except when exchange for the purpose intended is not available for purchase from within the Government.
( b ) All foreign exchange acquired by agencies by transfer from the Treasury Department, without payment of dollars, for the purpose of making authorized expenditures, shall be placed with accountable officers for account of the agencies concerned.
( c ) Unless otherwise authorized by the Secretary, no accountable officer shall purchase foreign exchange which, together with the balance on hand at the time of purchase, would exceed estimated requirements for a thirty-day period.
( d ) To the maximum extent possible, foreign exchange accounts which are earmarked for specific programs shall be maintained on an unfunded basis. Each agency responsible for administering international agreements pertaining to the use of foreign exchange held in funded accounts shall review the agreement and other considerations relevant to each such account at least annually to determine if the account can be placed on an unfunded basis, and shall initiate appropriate action to accomplish the objective of minimizing the number of funded program accounts and the amounts therein. The resulting determinations and the status of actions undertaken shall be furnished in writing to the Treasury Department within 60 days from the date of this regulation and each time thereafter that there is a change of status of a particular account, or as requested by the Treasury Department. Exchange which becomes eligible for removal from a funded status either as a result of the foregoing determinations, or because of the expiration of the period of availability for restricted use under the terms of international agreements, or for other reasons, shall be released promptly by the program agency for transfer to a nonrestricted Treasury sales account.
[26 FR 10054, Oct. 26, 1961, as amended at 29 FR 11497, Aug. 11, 1964]
[Federal Register Volume 74, Number 157 (Monday, August 17, 2009)]
[Notices]
[Page 41415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19605]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13406-000]


Clean River Power MR-5, LLC; Notice of Preliminary Permit 
Application Accepted for Filing and Soliciting Comments, Motions To 
Intervene, and Competing Applications

August 6, 2009.
    On March 25, 2009, Clean River Power MR-5, LLC filed an 
application, pursuant to section 4(f) of the Federal Power Act, 
proposing to study the feasibility of the Malta Lock and Dam Water 
Power Project, to be located at the State of Ohio's Malta lock and dam 
on the Muskingum River in Morgan County, Ohio.
    The proposed Malta Lock and Dam Project would consist of: (1) The 
existing 15.2-foot-high, 472-foot-long concrete dam; (2) the existing 
442-acre reservoir with a 3,000 acre-foot storage capacity; (3) a new 
150-foot-long, 120-foot-wide intake structure; (4) a 200-foot-long, 
120-foot-wide power canal; (5) a new powerhouse containing three 
proposed generating units with a total installed capacity of 3.9 
megawatts; (6) a new 200-foot-long tailrace; (7) a new switchyard 
containing a single three-phase step-up transformer; and (8) a new 
1,200-foot-long, 34.5-kilovolt overhead transmission line. The project 
would have an estimated average annual generation of 15,800 megawatt-
hours.
    Applicant Contact: Mr. Alan Skelly, 8425 Beechmont Avenue, 
Cincinnati, OH 45255, phone (513) 375-9242.
    FERC Contact: Michael Spencer, (202) 502-6093.
    Deadline for filing comments, motions to intervene, competing 
applications (without notices of intent), or notices of intent to file 
competing applications: 60 days from the issuance of this notice. 
Comments, motions to intervene, notices of intent, and competing 
applications may be filed electronically via the Internet. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Web site 
under the ``e-Filing'' link. If unable to be filed electronically, 
documents may be paper-filed. To paper-file, an original and eight 
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For 
more information on how to submit these types of filings please go to 
the Commission's Web site located at http://www.ferc.gov/filing-comments.asp. More information about this project can be viewed or 
printed on the ``eLibrary'' link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13406) in the docket number field to access the document. For 
assistance, call toll-free 1-866-208-3372.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-19605 Filed 8-14-09; 8:45 am]
BILLING CODE P
[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Notices]
[Page 41700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19669]


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

FEDERAL COMMUNICATIONS COMMISSION

[Report No. 2895]


PETITION FOR RECONSIDERATION OF ACTION IN RULEMAKING PROCEEDING

Aug 10, 2009.
SUMMARY: Petitions for Reconsideration have been filed in the 
Commission's Rulemaking proceeding listed in this Public Notice and 
published pursuant to 47 CFR Section 1.429(e). The full text of these 
documents is available for viewing and copying in Room CY-B402, 445 
12th Street, SW, Washington, DC or may be purchased from the 
Commission's copy contractor, Best Copy and Printing, Inc. (BCPI) (1-
800-378-3160). Oppositions to these petitions must be filed by 
September 2, 2009. See Section 1.4(b)(1) of the Commission's rules (47 
CFR 1.4(b)(1)). Replies to an opposition must be filed within 10 days 
after the time for filing oppositions has expired.
    Subject: In The Matter of Digital Television Distributed 
Transmission System Technologies (MB Docket No. 05-312)
    NUMBER OF PETITIONS FILED: 2

Federal Communications Commission
Marlene H. Dortch,
Secretary.
[FR Doc. E9-19669 Filed 8-17-09; 8:45 am]
BILLING CODE 6712-01-S
II

104TH CONGRESS

2D SESSION H. J. RES. 165

IN THE SENATE OF THE UNITED STATES

MARCH 21, 1996

Received

JOINT RESOLUTION

Making further continuing appropriations for the fiscal year

1996, and for other purposes.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That Public Law 104–99 is further amended by striking

4 out ‘‘March 22, 1996’’ in sections 106(c), 112, 126(c),

5 202(c) and 214 and inserting in lieu thereof ‘‘March 29,
2

HJ 165 RDS

1 1996’’, and that Public Law 104–92 is further amended

2 by striking out ‘‘March 22, 1996’’ in section 106(c) and

3 inserting in lieu thereof ‘‘April 3, 1996’’.

Passed the House of Representatives March 21,

1996.

Attest: ROBIN H. CARLE,

Clerk.
#### The People of the State of New York ex rel. Gerald Ciccarelli, Appellant, v John Saxton, as Major at Niagara County Jail, et al., Respondents.

[804 NYS2d 211]

Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered April 6, 2004. The judgment dismissed the petition for a writ of habeas corpus.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum: This appeal by petitioner from a judgment dismissing his petition for a writ of habeas corpus has been rendered moot by his release to parole supervision *(see People ex rel. Faison v Travis,*277 AD2d 916 [2000], *lv denied*96 NY2d 705 [2001]; *People ex rel. Campbell v Filion,*255 AD2d 915 [1998]). Contrary to petitioner’s contention, no purpose would *1096be served by converting this proceeding to one brought pursuant to CPLR article 78 (cf. *People ex rel. Brown v New York State Div. of Parole,*70 NY2d 391, 398 [1987]). Petitioner’s challenges to the procedures employed at the preliminary parole revocation proceeding were rendered moot by the final parole revocation determination *(see People ex rel. McCummings v DeAngelo,*259 AD2d 794 [1999], *lv denied*93 NY2d 810 [1999]; *Matter of Westcott v New York State Bd. of Parole,*256 AD2d 1179, 1180 [1998]), and petitioner failed to exhaust his administrative remedies with respect to that determination, thus foreclosing judicial review thereof *(see Faison,*277 AD2d 916 [2000]). Present—Green, J.P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.
ex10-2.htm


Exhibit 10.2


 


 

 


 


To view Exhibit 10.2 refer to the attached:  ex10-2_pdf.pdf
§ 1025.520 Special information sharing procedures to deter money laundering and terrorist activity for insurance companies. ( a ) Refer to § 1010.520 of this chapter.
( b ) [Reserved]
[Federal Register Volume 74, Number 157 (Monday, August 17, 2009)]
[Notices]
[Page 41398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19661]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN: 0648-XR00


New England Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of a public meeting.

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

SUMMARY: The New England Fishery Management Council (Council) is 
scheduling a public meeting of its Scallop Survey Advisory Panel, in 
September, 2009, to consider actions affecting New England fisheries in 
the exclusive economic zone (EEZ). Recommendations from this group will 
be brought to the full Council for formal consideration and action, if 
appropriate.

DATES: This meeting will be held on Thursday, September 3, 2009 at 9 
a.m.

ADDRESSES: This meeting will be held at the Hotel Providence, 139 
Mathewson Street, Providence, RI 02903; telephone: (401) 861-8000; fax: 
(401) 861-8002.
    Council address: New England Fishery Management Council, 50 Water 
Street, Mill 2, Newburyport, MA 01950.

FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, 
New England Fishery Management Council; telephone: (978) 465-0492.

SUPPLEMENTARY INFORMATION: The Advisory Panel will review and discuss 
the results from the 2009 regular and experimental scallop surveys. 
Recommendations for calibration peer review, 2010 survey research, and 
integrated survey methodology may be developed. The panel may recommend 
changes to scallop survey research priorities. Other related scallop 
survey priorities. Other related scallop survey and research set aside 
issues may be discussed.
    Although non-emergency issues not contained in this agenda may come 
before this group for discussion, in accordance with the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 
those issues may not be the subject of formal action during this 
meeting. Actions will be restricted to those issues specifically 
identified in this notice and any issues arising after publication of 
this notice that require emergency action under Section 305(c) of the 
Magnuson-Stevens Act, provided the public has been notified of the 
Council's intent to take final action to address the emergency.

Special Accommodations

    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Paul J. Howard, Executive Director, at (978) 465-
0492, at least 5 days prior to the meeting date.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: August 12, 2009.
William D. Chappell,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-19661 Filed 8-14-09; 8:45 am]
BILLING CODE 3510-22-S
IA

104TH CONGRESS

1ST SESSION H. J. RES. 32

Proposing an amendment to the Constitution of the United States with

respect to physical desecration of the flag of the United States and

expenditure of money to elect public officials.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. JACOBS 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 with respect to physical desecration of the flag

of the United States and expenditure of money to elect

public officials.

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
2

HJ 32 IH

1 ratified by the legislatures of three-fourths of the several

2 States within seven years after the date of its submission

3 for ratification:

4 ‘‘ARTICLE—

5 ‘‘Neither the physical desecration of the flag of the

6 United States nor the expenditure of money for the elec7 tion of public officials is protected speech under the first

8 amendment to the Constitution of the United States.’’.

Æ