alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Reuben Reubenstein, Respondent, *v.*Sol. Silberfeld, Appellant.

(Supreme Court, Appellate Term,

July, 1898.)

District Court of Hew York — Jury trial.

Where the record of an action in a District Court of the city of New York shows that the defendant demanded a jury trial at the time of the joining of an issue of fact, in Conformity with section *2021372 of the Consolidation Act (Laws of 1882, chap. 410, as amended in 1891), a judgment rendered by the justice alone, in favor of the plaintiff, must be reversed, as the justice has no power to deprive the defendant of his statutory right to a jury trial.

Appeal from a judgment of the Fourth District Court, in favor of plaintiff.

N. S. Levy, for plaintiff.

M. Strassman, for defendant.

*Per Curiam.*

The justice’s return shows that issue was joined herein on September' 3, 1897, and that the cause was thereupon adjourned to September 29, 1897, and again, from time to time, until October 13, 1897, when the trial took place. The stenographer’s minutes, which form part of the record, show that on September 3, 1897, “ counsel for defendant asked for a trial by jury, which request the court refused to grant* on the ground that it was. made after issue had been joined, and after an adjournment of the case had been taken. Counsel for defendant excepted to the ruling.” The Appellate Term must go by the record, which, as ive have seen, -shows that issue'was joined and a demand made for a-jury trial on the same day, to-wit, September 3,1897. Presumably, therefore, in the absence of anything to show the contrary, both took place at the same time, within the meaning of the statute. Section 1372 of the Consolidation Act,'as amended by the Laws of 1891, provides as follows: “ A trial by jury must be demanded at the time of the joining of an issue of fact, and is waived if neither party then demand it,” The defendant claims that, .promptly upon the joinder of issue herein, he made his demand for a jury trial; and the.record appears to sustain his assertion. It is well settled that where a party exercises his right to a trial by jury, the justice cannot take it' away from him. Proceedings in District Courts must conform to the' statute, and a violation of the statute renders a resulting judgment erroneous. These courts of limited jurisdiction can assume no power by implication, but must keep within the powers expressly given to them; and if they go beyond them, their acts are void. See Blumburg v. Briggs, 10 N. Y. St. Repr. 242 Equitable Gas L. Co. v. French, 10 Misc. Rep. 750; Schwartz v. Wechler, 2 id. 71.

*203We are of opinion that the judgment should be reversed, upon the exception here presented; and, having reached this conclusion, we are not called upon to discuss the other questions raised upon this appeal. Judgment reversed, and a hew trial ordered, with costs to the appellant to abide the event.

Present: Beekman, P. J., Gildersleeve and Giegerich, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.
REGULATORY EVALUATION

DireNorate Identifier: 2009 -NM- 107 -AD

Executive Order 12866:

Could the AD be considered a "significant regulatory action"?

YES ( ) explain NO (X)

DOT Regulatory Policies and Procedures:

Is the AD significant?

YES () explain NO (Xl

Regulator)' Flexibility Act:

Wl1\ the AD have a significant economic impact on a substantial Ilumberofsmall entities?

YES ( ) explain NO (Xl

Intrastate Aviation in Alaska:

This AD could affect intrastate aviation in Alaska. Is it appropriate 10 include specific

requirements for aircraft operated in Alaska, where aviation might be the only mode of

transportation?

YES ( ) explain NO (X)
§ 456.434 Subsequent continued stay review dates. The UR plan must provide that— ( a ) The group performing UR assigns subsequent continued stay review dates in accordance with § 456.435.
( b ) The group assigns a subsequent continued stay review date each time it decides under § 456.436 that the continued stay is needed— ( 1 ) At least every 6 months; or
( 2 ) More frequently than every six months if indicated at the time of continued stay review; and
( c ) The group insures that each continued stay review date it assigns is recorded in the beneficiary's record.
§ 433.131 Waiver for noncompliance with conditions of approval and reapproval. If a State is unable to comply with the conditions of approval or of reapproval and the noncompliance will cause a percentum reduction in FFP, CMS will waive the FFP reduction in the following circumstances: ( a ) *Good cause.* If CMS determines that good cause existed, CMS will waive the FFP reduction attributable to those items for which the good cause existed. A waiver of FFP consequences of the failure to meet the conditions of approval or reapproval based upon good cause will not extend beyond two consecutive quarters.
( b ) *Circumstances beyond the control of a State.* The State must satisfactorily explain the circumstances that are beyond its control. When CMS grants the waiver, CMS will also defer all other system deadlines for the same length of time that the waiver applies.
( c ) *Waiver of deadline.* In no case will CMS waive the December 31, 2015 deadlines referenced in § 433.112(c) and § 433.116(j).
[50 FR 30848, July 30, 1985, as amended at 54 FR 41974, Oct. 13, 1989; 76 FR 21975, Apr. 19, 2011]
HomeOffice of the SpokespersonPress Releases...Overseas Buildings Operations Dedicates New U.S. Embassy in Port Moresby

# 									Overseas Buildings Operations Dedicates New U.S. Embassy in Port Moresby							

Media Note

Office of the Spokesperson

November 30, 2022

Highlighting the deep economic, political, and cultural ties between the United States and Papua New Guinea, Under Secretary of State for Management John Bass, Chargé d’Affaires Joseph E. Zadrozny, and local government officials dedicated the new U.S. Embassy in Port Moresby. The new embassy highlights the United States’ strong commitment to Papua New Guinea, Solomon Islands, Vanuatu, and the Indo-Pacific region.

The new campus is located on a 71⁄4 acre site in Harbor City, a new waterfront development adjacent to Port Moresby Harbor. It incorporates a combination of energy- and water-saving features that ensure the embassy is respectful of the region’s resources while providing a secure and sustainable space for the U.S. Mission.

KCCT of Washington, with Krueck Sexton Partners of Chicago, Illinois, were the architects for the project, and Framaco International Inc. of Rye Brook, New York, constructed the campus, injecting an estimated $50 million into the local economy.

Since the start of the Department’s Capital Security Construction Program in 1999, the Bureau of Overseas Buildings Operations (OBO) has completed 174 new diplomatic facilities. OBO currently has more than 50 active projects in the design phase or under construction worldwide.

OBO provides safe, secure, functional, and resilient facilities that represent the U.S. government to the host nation and that support U.S. diplomats in advancing U.S. foreign policy objectives abroad.

For further information, please contact OBO’s External Affairs Director Neda Brown at OBO-External-Affairs@state.gov or visit www.state.gov/obo.

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Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

June 28, 2011 

d0620 

Order 

 

June 28, 2011 

142806-7 

LOFTS ON THE NINE, LLC, 

Plaintiff-Appellant, 

v SC: 142806 

 COA: 294825 

Oakland CC: 2009-102996-CK 

KEVIN AKEY, 

Defendant-Appellee. 

_________________________________________/ 

LOFTS ON THE NINE, LLC, 

Plaintiff-Appellant, 

v SC: 142807 

 COA: 295977 

Oakland CC: 2009-101063-CK 

JAMES FLOWERS, 

Defendant-Appellee. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the February 10, 2011 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
BARTKOWSKI INVESTMENT GROUP, INC

v.
HAVERFORD TOWNSHIP ZONING HEARING BOARD : : : : : : : : : : : : : : : : : No. 140 MAL 2015 Petition for Allowance of Appeal from the Order of the Commonwealth Court

ORDER

PER CURIAM AND NOW , this 15th day of July, 2015, the Petition for Allowance of Appeal is DENIED

.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-7013
ERNEST BROWN, Plaintiff - Appellant, versus MICHAEL MOORE; ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA, Charles Molony Condon, Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Dennis W. Shedd, District Judge. (CA-95-2215-0-19BD) Submitted: March 13, 1997 Decided: March 18, 1997 Before HALL, ERVIN, and WILKINS, Circuit Judges. Dismissed by unpublished per curiam opinion. Ernest Brown, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Ernest Brown seeks to appeal the district court's order denying relief on his petition filed under 28 U.S.C. § 2254 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214. We have reviewed the record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Brown v. Moore , No. CA-95-2215-0- 19BD (D.S.C. June 14, 1996). We dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
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HomeOffice of Foreign Missions...Emergency Management

# 									Emergency Management							

The purpose of this section is to ensure that foreign missions, international organizations and their members have a source dedicated to providing current information on issues related to the U.S. Government’s response to various threats.

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COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

TEXAS DEPARTMENT OF STATE

HEALTH SERVICES

,

Appellant

,

v.

GUSTAVO RESENDIZ,

Appellee

. §

§

§

§

§

§ No. 08

- 1 9

- 00 27 3

- CV

Appeal from the

168 th Judicial District C ourt

o f El Paso

, Texas

(TC # 3207 10168 )

J U D G M E N T

The Court has considered this cause on the record and concludes there was error in the part

of the judgment denying Appellant’s plea to the jurisdiction on Appellee’s claims of national

origin

, disability , and gender discrimination, a s well as retaliation and quid pro quo sexual

harassment claims. The part of the judgment denying Appellant’s plea to the jurisdiction on

Appellee’s claim of sexual harassment based on hostile work environment is affirmed. We

therefore reverse the trial court’s judgment in pa rt and affirm in part, and we remand this matter

to the trial court for further proceedings based solely on Appellee’s claim of hostile work

environment. We further order that Appellant recover from Appellee all costs of this appeal, for

which let executi on issue. This decision shall be certified below for observance.2

IT IS SO ORDERED THIS 29TH DAY OF NOVEMBER, 2021.

JEFF ALLEY, Justice

Before Rodriguez, C.J., Palafox, and Alley, JJ.
Opinion issued August 20, 2020

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-20-00248-CV

———————————

JOHN PETER PAUK, Appellant

V.

FLOW CAPITAL CORPORATION, Appellee

On Appeal from the 55th District Court

Harris County, Texas

Trial Court Cause No. 2019-05042

MEMORANDUM OPINION

Appellant has filed an agreed motion to dismiss the appeal. See TEX. R. APP.

P. 10.3(a)(2), 42.1(a)(1). No opinion has issued. See TEX. R. APP. P. 42.1(c). 

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.

P. 42.1(a)(1). We dismiss all other pending motions as moot. 
2

PER CURIAM

Panel consists of Chief Justice Radack and Justices Lloyd and Countiss.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**672 CA 10-02265**  PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND MARTOCHE, JJ.

IN THE MATTER OF ROBERT P. MEEGAN, JR., INDIVIDUALLY AND AS PRESIDENT OF BUFFALO POLICE BENEVOLENT ASSOCIATION AND BUFFALO POLICE BENEVOLENT ASSOCIATION, INC., PETITIONERS-RESPONDENTS,

V ORDER

BYRON W. BROWN, AS MAYOR OF CITY OF BUFFALO, DANIEL DERENDA, AS ACTING COMMISSIONER OF POLICE, AND CITY OF BUFFALO, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.)

GOLDBERG SEGALLA LLP, BUFFALO (JULIE P. APTER OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

LAW OFFICES OF W. JAMES SCHWAN, BUFFALO (W. JAMES SCHWAN OF COUNSEL), FOR PETITIONERS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered March 3, 2010 in a proceeding pursuant to CPLR article 75. The order granted petitioners’ application for a preliminary injunction.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: June 10, 2011 Patricia L. Morgan Clerk of the Court
HomeOffice of the SpokespersonPress Releases...Mauritius National Day

# 									Mauritius National Day							

Press Statement

Antony J. Blinken, Secretary of State

March 12, 2021

On behalf of the Government of the United States of America, I congratulate you on the 53rd anniversary of independence.

The United States values the strong bilateral relationship we enjoy with Mauritius, which is reinforced by both of our countries’ adherence to democratic principles.  We commend the people and Government of Mauritius for their work to manage the COVID-19 pandemic based on scientific data and by closely following public health guidance.  We look forward to the continued strengthening of our partnership, particularly in maritime security cooperation and economic development, and collaboration on our shared interests in the region.

I send wishes for health and happiness to everyone in Mauritius on your independence day.

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Bureau of African AffairsMauritiusOffice of the SpokespersonThe Secretary of State

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JOSEPH JONES
,
Petitioner,

v.

STATE OF FLORIDA
, Respondent. ___________________________/ IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

C ASE NO. 1D 15

- 5249

Opinion filed February 5, 2016.

Petition for Belated Appeal

-- Original Jurisdiction

. Joseph Jones, pro se , Petitioner.

Pamela Jo Bondi, Attorney General, and Samuel Steinberg, Assistant Attorney General, Tallahassee , for Respon dent.

PER CURIAM.

Petitioner is granted a belated appeal of the April 21, 2015, order denying

defendant’s motion for postconviction relief in Duval County Circuit Court case

number 16

- 2006

- CF

- 008267

- AXXX

- MA. Upon issuance of mandate in this cause, a
copy of this opinion shall be provided to the clerk of the circuit court for treatment as

the notice of appeal. See Fla. R. App. P. 9.141(c)( 6 )(D).

OSTERHAUS, KELSEY, and WINOKUR, JJ., CONCUR.
#### Charles Lewis *et al.,*Appellants, *against*James A. Flack, Sheriff of the City and County of New York, Respondent.

(Decided June 2d, 1890.)

Where a sale of goods has been procured by false and fraudulent representations of the purchaser, the seller may recover them, on proof of the fraud, from a sheriff who has levied on them as the property of the purchaser.

Appeal from a judgment of the District Court in the City of New York for the Eleventh Judicial District.

The facts are stated in the opinion.

*Nathan*Lewis, for appellants.

. *David Tim,*for respondent.

Per Curiam.

[Present, Larremore, Ch. J., and Allen and. Bookstaveb, JJ.)—This action was brought to recover the possession of certain property fraudulently obtained from plaintiffs by the vendee and levied on by the defendant as sheriff.

The sheriff was not a purchaser for value, and where a sale of goods has been induced by false and fraudulent representations on the part of the vendee, the vendor may reclaim and retake them from the'possession of any one but a purchaser in good faith for value; and evidence of the false and fraudulent representations inducing the sale js admissible in an action brought against the sheriff to the same extent that it would be against the original vendee *(Guckenheimer*v. *Angevine,*81 N. Y. 394; *Stevens*v. *Brennan,*79 N. Y. 254; *Hathorne*v. *Hodges,*28 N. Y. 486).

It was therefore error to exclude evidence of the representations made by the vendee at the time of the purchase, the falsity of these representations, and the fact that the *241representations were relied on in making the sale, and, generally, evidence tending to show the fraudulent intent of the vendee in making the.purchase.

Besides, the defendant did not show that he detained the goods under any process of court, and the jury were erroneously directed to find a verdict for the defendant.

The judgmént must therefore be reversed and a new trial ordered, with costs to the appellant to abide the event.

Judgment reversed, with costs to abide event.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsLow-pressure performance of annular, high-pressure (40 atm) high-temperature (2480 K) combustion systemExperimental tests were conducted to develop a combustion system for a 40 atmosphere pressure, 2480 K exhaust gas temperature, turbine cooling facility. The tests were conducted in an existing facility with a maximum pressure capability of 10 atmospheres and where inlet air temperatures as high as 894 K could be attained. Exhaust gas temperatures were as high as 2365 K. Combustion efficiences were about 100 percent over a fuel air ratio range of 0.016 to 0.056. Combustion efficiency decreased at leaner and richer ratios when the inlet air temperature was 589 K. Data are presented that show the effect of fuel air ratio and inlet air temperature on liner metal temperature. Isothermal system pressure loss as a function of diffuser inlet Mach number is also presented. Data included exhaust gas pattern factors; unburned hydrocarbon, carbon monoxide, and oxides of nitrogen emission index values; and smoke numbers.Document ID19800023888Acquisition SourceLegacy CDMSDocument TypeTechnical Publication (TP)AuthorsWear, J. D.*(NASA Lewis Research Center Cleveland, OH, United States)*Date AcquiredSeptember 4, 2013Publication DateSeptember 1, 1980Subject CategoryAircraft Propulsion And PowerReport/Patent NumberNASA-TP-1713E-372Accession Number80N32396Funding Number(s)PROJECT: RTOP 505-04Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19800023888.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
Exhibit 10.44

LOGO

August 27,
1990

Mr. K
Y Lim

Dear
Mr. Lim:

On
behalf of Adaptec, Inc. I am pleased to offer you the position of Managing Director of Adaptec Mfg (S) Pte Ltd, reporting to me. Your monthly salary will be S$10,875, which
includes a S$375 companion travel allowance. A guaranteed one (1) month Annual Wage Supplement is payable at the end of each calendar year or prorated if less than one (1) year's
service. You will also be eligible for a quarterly bonus dependent upon Company and individual performance. This bonus is guaranteed at 15% of quarterly base salary through March 31, 1991.

You
will be on probation for a period of three months and upon confirmation, the notice period required is two (2) months for either party. During probation, the notice period for resignation
is one (1) month.

You
will first be eligible for a merit salary increase July 1, 1991. Your salary will not be increased at the end of your probationary period.

You
will be provided with the use of a Company maintained car with maximum S$130,000 value, together with a monthly car allowance of S$250 made as part of your remuneration package.

In
addition, I will recommend to Adaptec's Board of Directors that you be granted an option to purchase 7,500 shares of Adaptec stock in accordance with the Company's 1990 Stock Plan. This stock
option will vest 25% after the first year, and thereafter at the rate of 6.25% per quarter.

Adaptec
Mfg (S) Pte Ltd will provide a full range of company paid benefits including 100% paid medical insurance for you and your dependents. Group Term Life and Personal Accident
insurance are also provided for employees along with 14 days paid vacation beginning your first year. Further details are contained in our Company Policies manual.

I
am pleased that you are considering joining Adaptec Mfg (S) Pte Ltd. I know that your relationship with Adaptec will be beneficial for both you and the Company and that your
contribution will be significant.

Please
sign below indicating your acceptance of this offer and return one copy of this letter to me.

Sincerely,

|/s/SAM KAZARIANSam Kazarian
Vice President, Operations |  | 
|------------------------------------------------------ |  | 

I,
K Y Lim, accept the above offer and will start work on October 15, 1990.

|/s/K Y LIMK Y Lim |  | Sept. 4, 1990Date
|----------------- |  | -----------------

---
HomeOffice of the SpokespersonPress Releases...On the State Department’s Creation of a Public Webpage Dedicated to Data-Informed Diplomacy

# 									On the State Department’s Creation of a Public Webpage Dedicated to Data-Informed Diplomacy							

Media Note

Office of the Spokesperson

September 27, 2021

The U.S. Department of State has launched a central, online destination dedicated to demonstrating how the Department is enabling data-informed diplomacy. The landing page, www.state.gov/data-strategy, provides public access to the latest information about how the Department is enabling its global workforce with the data and analytics capabilities required to achieve its diplomatic mission.

The Department’s first-ever Enterprise Data Strategy (EDS), a document that provides a strategic framework for how the Department will advance the use of data analytics over the next three years, is a key resource available on this new site. The Office of Management Strategy and Solution’s Center for Analytics, which provides data management and analytics support to the Department, led the year-long development of the EDS in collaboration with more than 20 bureaus and 25 external chief data officers.

These new resources support President Biden’s Memorandum on Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking, the Executive Order on Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce, and several other federal laws and regulations.

For further information about the landing page, please send an email to CfA@state.gov.

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