alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Alberto Lovario et al., Appellants, v Nicola Vuotto, Individually and Doing Business as Nick’s Iron Works, et al., Respondents.

[697 NYS2d 673]

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from (1) so much of an order of the Supreme Court, Kings County (Rappaport, J.), dated May 12, 1998, as granted that branch of the defendants’ motion which was to vacate a purported order of the same court, dated April 16, 1998, granting the plaintiffs motion to strike the defendants’ answer, (2) so much of an order of the same court, dated May 19, 1998, as denied that branch of their motion which was to strike the defendants’ answer, and (3) an order of the same court, dated June 23, 1998, which denied their motion to compel the court to sign the purported order dated April 16, 1998.

Ordered that the orders dated May 12, 1998, and May 19, 1998, are affirmed insofar as appealed from; and it is further,

Ordered that the order dated June 23, 1998, is affirmed; and it is further,

Ordered that the respondents are awarded one bill of costs.

The defendants’ demonstration of a valid excuse, based on law office failure, for their default in opposing a prior motion to strike their answer, and their demonstration of the existence of a meritorious defense, were sufficient to warrant an exercise of discretion in their favor *(see,*CPLR 5015 [al [1]; 2005; *see also, Alliance Prop. Mgt. & Dev. v Andrews Ave. Equities,*70 NY2d 831).

The plaintiffs’ remaining contentions are without merit. Santucci, J. P., Joy, Friedmann and Goldstein, JJ., concur.
CERTIFICATION PURSUANT TO
                               18 U.S.C. ss.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Skibo Financial Corp.(the  "Company")
on Form  10-QSB  for the  period  ending  December  31,  2003 as filed  with the
Securities and Exchange Commission on the date hereof (the "Report"), we, Walter
G. Kelly,  President and Chief Executive  Officer,  and Carol A. Gilbert,  Chief
Financial and Operating Officer,  Secretary and Treasurer,  certify, pursuant to
18 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)
               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.




<TABLE>
<CAPTION>
<S>                                     <C>

/s/Walter G. Kelly                          /s/Carol A. Gilbert
-------------------------------------       --------------------------------------
President and Chief Executive Officer       Chief Financial and Operating Officer,
(Principal Executive Officer)               Secretary and Treasurer
                                            (Principal Financial and Accounting Officer)

Date: January 27, 2004                      Date: January 27, 2004

</TABLE>
§ 2200.12 References to cases. ( a ) *Citing decisions by Commission and Judges* — ( 1 ) *Generally.* Parties citing decisions by the Commission should include in the citation the name of the employer, the OSHRC docket number, the year of the decision, and a citation to a print or electronic reference source. Citations to Commission and ALJ decisions published on the Commission's website (*www.oshrc.gov*) are also accepted. For example, ( i ) *Print:* ( A ) *Hackensack Steel Corp.,* 20 BNA OSHC 1387, 1388 (No. 97-0755, 2003).
( B ) *Hackensack Steel Corp.,* 2002-2004 CCH OSHD ¶ 32,690, p. 51,558 (No. 97-0755, 2003).
( ii ) *Electronic:* ( A ) *Hackensack Steel Corp.,* No. 97-0755, 2003 WL 22232017, at *4 (OSHRC Sept. 25, 2003).
( B ) *Hackensack Steel Corp.,* No. 97-0755, 2003 LEXIS 450392, at *2 (OSHRC Sept. 25, 2003).
( iii ) *Commission website ( www.oshrc.gov):* ( A ) PDF versions of cases should be cited as follows and identify the relevant page number: *Jacobs Field Servs. N. Am.,* No. 10-2659, at 5 (OSHRC 2015).
( B ) HTML versions of cases should be cited as follows and identify the relevant paragraph number: *Jacobs Field Servs. N. Am.,* No. 10-2659, at ¶ 9 (OSHRC 2015).
( 2 ) *Parenthetical statements.* When citing the decision of a Judge, the digest of an opinion, or the opinion of a single Commissioner, a parenthetical statement identifying that the decision is non-precedential (*e.g.* “ALJ”) must be included. For example, *Rust Engineering Co.,* 1984 CCH OSHD ¶ 27,023 (No.79-2090, 1984) (view of Chairman ______), *vacating direction for review of* 1980 CCH OSHD ¶ 24,269 (1980) (ALJ) (digest).
( b ) *References to court decisions.* ( 1 ) Citation to court decisions should be to the official reporter whenever possible. For example: ( i ) *W.G. Yates & Sons Constr. Co.* v. *OSHRC,* 459 F.3d 604, 608-09 (5th Cir. 2006).
( ii ) *Martin* v. *OSHRC (CF & I Steel Corp.),* 499 U.S. 144, 150-51 (1991).
( 2 ) *Name of employer to be indicated.* When a court decision is cited in which the first-listed party on each side is either the Secretary of Labor (or the name of a particular Secretary of Labor), the Commission, or a labor union, the citation should include in parenthesis the name of the employer in the Commission proceeding. For example, *Donovan* v. *Allied Industrial Workers (Archer Daniels Midland Co.),* 760 F.2d 783 (7th Cir. 1985); *Donovan* v. *OSHRC (Mobil Oil Corp.),* 713 F. 2d 918 (2d Cir. 1983).
Exhibit 10.22




April 28, 2003

Focus Enhancements Inc
1370 Dell Ave.
Campbell, CA  95008


BORROWER: Focus Enhancements, Inc. ("Focus")
LENDER:   Carl Berg


In  regards  to  the  Focus  Convertible  Promissory  Notes  in  the  amount  of
$2,362,494.20,  $1,000,000.00 and $650,000.00, dated October 26, 2000, April 24,
2001 and June 29, 2001, respectively, and currently due and payable on April 25,
2004, April 25, 2004 and January 3, 2004, respectively, I hereby agree to extend
the due date of such notes to November 25, 2004.

All other terms and conditions shall remain unchanged.


Sincerely,


/s/ Carl E. Berg
----------------
Carl E. Berg
<TABLE> <S> <C>

<ARTICLE> 7

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               DEC-31-2000
<DEBT-HELD-FOR-SALE>                       220,446,702
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                   1,366,982
<MORTGAGE>                                  23,864,291
<REAL-ESTATE>                                  404,108
<TOTAL-INVEST>                             255,757,039
<CASH>                                       3,324,447
<RECOVER-REINSURE>                             298,317
<DEFERRED-ACQUISITION>                      23,962,641
<TOTAL-ASSETS>                             365,935,745
<POLICY-LOSSES>                            290,096,285
<UNEARNED-PREMIUMS>                         23,816,171
<POLICY-OTHER>                               2,570,382
<POLICY-HOLDER-FUNDS>                        1,885,904
<NOTES-PAYABLE>                              2,000,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,151,323
<OTHER-SE>                                  36,102,995
<TOTAL-LIABILITY-AND-EQUITY>               365,935,745
<PREMIUMS>                                  47,939,399
<INVESTMENT-INCOME>                         17,017,723
<INVESTMENT-GAINS>                           (599,238)
<OTHER-INCOME>                               1,069,180
<BENEFITS>                                  26,629,623
<UNDERWRITING-AMORTIZATION>                (1,313,166)
<UNDERWRITING-OTHER>                        37,866,910
<INCOME-PRETAX>                              2,243,697
<INCOME-TAX>                                   737,330
<INCOME-CONTINUING>                          1,506,367
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,506,367
<EPS-BASIC>                                       1.31
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0


</TABLE>
§ 102.99 Contents of petition for advisory opinion. ( a ) A petition for an advisory opinion, when filed by an agency or court of a State or territory, must allege the following: ( 1 ) The name of the agency or court.
( 2 ) The names of the parties to the proceeding and the docket number.
( 3 ) The nature of the proceeding, and the need for the Board's opinion on the jurisdictional issue to the proceeding.
( 4 ) The general nature of the business involved in the proceeding and, where appropriate, the nature of and details concerning the employing enterprise.
( 5 ) The findings of the agency or court or, in the absence of findings, a statement of the evidence relating to the commerce operations of such business and, where appropriate, to the nature of the employing enterprise.
( b ) The petition or request must be submitted to the Board in Washington, DC.
[82 FR 11767, Feb. 24, 2017]
# EUR-Lex - 31998D0571 - EN

Avis juridique important

*|*

# 31998D0571

**98/571/EC: Commission Decision of 12 October 1998 amending Decision 97/20/EC establishing the list of third countries fulfilling the equivalence conditions for the production and placing on the market of bivalve molluscs, echinoderms, tunicates and marine gastropods (notified under document number C(1998) 2967) (Text with EEA relevance) **

*
Official Journal L 277 , 14/10/1998 P. 0042 - 0043 *

COMMISSION DECISION of 12 October 1998 amending Decision 97/20/EC establishing the list of third countries fulfilling the equivalence conditions for the production and placing on the market of bivalve molluscs, echinoderms, tunicates and marine gastropods (notified under document number C(1998) 2967) (Text with EEA relevance) (98/571/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs (1), as last amended by the Directive 97/79/EC (2), and in particular Article 9(3)(a) thereof,

Whereas Commission Decision 97/20/EC (3) of 17 December 1996, last amended by Decision 97/565/EC (4), establishes the list of third countries from which imports of bivalve molluscs, echinoderms, tunicates and marine gastropods in whatever form are authorised for human consumption;

Whereas Commission Decision 98/569/EC (5) lays down special conditions for the import of live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Tunisia;

Whereas it is therefore necessary to add Tunisia on the list of third countries from which importation of bivalve molluscs, echinoderms, tunicates and marine gastropods are authorized;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 97/20/EC is replaced by the Annex of the present Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 12 October 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 268, 24. 9. 1991, p. 1.

(2) OJ L 24, 30. 1. 1998, p. 31.

(3) OJ L 6, 10. 1. 1997, p. 46.

(4) OJ L 232, 23. 8. 1997, p. 15.

(5) See page 31 of this Official Journal.

ANNEX

List of third countries from which imports of bivalve molluscs, echinoderms, tunicates and marine gastropods in whatever form for human consumption are authorised

I. Third countries which have been the subject of a specific decision based on Council Directive 91/492/EEC

Australia

Chile

Morocco

Peru

South Korea

Tunisia

Turkey

II. Third countries which may be the subject of a provisional decision based on Council Decision 95/408/EC

Canada

Faeroes

Greenland

New Zealand

Thailand (only for products sterilised or heat-treated under the conditions laid down in Commission Decision 93/25/EEC)

United States of America
# EUR-Lex - 31999D0635 - EN

Avis juridique important

*|*

# 31999D0635

**1999/635/EC: Commission Decision of 13 September 1999 refusing to grant the Turks and Caicos Islands a derogation concerning the definition of the concept of 'originating products' with regard to rice of CN code 1006 30 (notified under document number C(1999) 2899) **

*
Official Journal L 249 , 22/09/1999 P. 0035 - 0035 *

COMMISSION DECISION

of 13 September 1999

refusing to grant the Turks and Caicos Islands a derogation concerning the definition of the concept of "originating products" with regard to rice of CN code 1006 30

(notified under document number C(1999) 2899)

(1999/635/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community(1) as amended at mid-term by Decision 97/803/EC(2), and in particular Article 30 of Annex II thereto,

(1) Whereas Article 30 of Annex II to the said Decision concerning the definition of the concept of "originating products" and methods of administrative cooperation provides that, under certain conditions, derogations from the rules of origin may be granted whenever the development of an existing industry or the establishment of a new one in a country or territory warrants it;

(2) Whereas the Government of Turks and Caicos Islands has requested a derogation from the rule of origin in Annex II for non-ACP rice processed and exported from the Turks and Caicos Islands from 1 July 1999 to 29 February 2000, for 9000 tonnes per annum;

(3) Whereas Article 6 of Annex II provides for ACP/OCT cumulation; whereas Turks and Caicos Islands have the possibility to purchase rice, originating in the ACP countries of the region; whereas therefore the application of the existing rules of origin does not affect the ability of their industry to export rice to the Community; whereas, as a result, the requested derogation is not duly justified within the meaning of Article 30(1) of Annex II, and more in particular with regard to Article 30(3) and the cumulation provisions referred to in Article 30(4).

HAS ADOPTED THIS DECISION:

Article 1

The request submitted on 24 June 1999 by the Govemment of Turks and Caicos Islands for a derogation from the definition of the concept of "originating products" with regard to its production of rice of HS heading 1006 30, is hereby rejected.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 13 September 1999.

For the Commission

Mario MONTI

Member of the Commission

(1) OJ L 263, 19.9.1991, p. 1.

(2) OJ L 329, 29.11.1997, p. 50.
#### §§ 2205.136-2205.139 [Reserved]
#### § 1990.101 Scope.

This part establishes criteria and procedures for the identification, classification, and regulation of potential occupational carcinogens found in each workplace in the United States regulated by the Occupational Safety and Health Act of 1970 (the Act). The procedures contained in this part supplement the procedural regulations in other parts of this chapter. In the event of a conflict, the procedures contained in this part shall govern the identification, classification, and regulation of potential occupational carcinogens. This part may be referred to as “The OSHA Cancer Policy.”
#### § 1917.20 Interference with communications.

Cargo handling operations shall not be carried on when noise-producing, maintenance, construction or repair work interferes with the communication of warnings or instructions.

[62 FR 40197, July 25, 1997]
Editorial Note on Part 1926
Editorial Notes: 1. At 44 FR 8577, Feb. 9, 1979, and corrected at 44 FR 20940, Apr. 6, 1979, OSHA reprinted without change the entire text of 29 CFR part 1926 together with certain General Industry Occupational Safety and Health Standards contained in 29 CFR part 1910, which have been identified as also applicable to construction work. This republication developed a single set of OSHA regulations for both labor and management forces within the construction industry. 2. Nomenclature changes to part 1926 appear at 84 FR 21597, May 14, 2019.

§ 1926.1205 Permitting process. ( a ) Before entry is authorized, each entry employer must document the completion of measures required by § 1926.1204(c) by preparing an entry permit.
( b ) Before entry begins, the entry supervisor identified on the permit must sign the entry permit to authorize entry.
( c ) The completed permit must be made available at the time of entry to all authorized entrants or their authorized representatives, by posting it at the entry portal or by any other equally effective means, so that the entrants can confirm that pre-entry preparations have been completed.
( d ) The duration of the permit may not exceed the time required to complete the assigned task or job identified on the permit in accordance with § 1926.1206(b).
( e ) The entry supervisor must terminate entry and take the following action when any of the following apply: ( 1 ) Cancel the entry permit when the entry operations covered by the entry permit have been completed; or
( 2 ) Suspend or cancel the entry permit and fully reassess the space before allowing reentry when a condition that is not allowed under the entry permit arises in or near the permit space and that condition is temporary in nature and does not change the configuration of the space or create any new hazards within it; and
( 3 ) Cancel the entry permit when a condition that is not allowed under the entry permit arises in or near the permit space and that condition is not covered by paragraph (e)(2) of this section.
( f ) The entry employer must retain each canceled entry permit for at least 1 year to facilitate the review of the permit-required confined space program required by § 1926.1204(n). Any problems encountered during an entry operation must be noted on the pertinent permit so that appropriate revisions to the permit space program can be made.
[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Notices]
[Page 31150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12360]


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

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meetings

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 11 a.m., Friday, June 16, 2000.

PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Conference Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.

Jean A. Webb,
Secretary of the Commission.
[FR Doc. 00-12360 Filed 5-12-00; 11:31 am]
BILLING CODE 6351-01-M
Exhibit 32.01

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 Serena Software, Inc. (the Company) for the fiscal quarter ended
April 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John Nugent, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §
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 at the dates and for
the periods presented.
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/    JOHN NUGENTJohn NugentPresident and Chief Executive Officer And Director


Date: June 14, 2011

A signed original of this written statement required by Section 906 has been provided to Serena Software, Inc. and will be retained
by Serena Software, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

This
Certification is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the registrant under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as
amended (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.
#### Hessian Hills Country Club, Inc., et al., Appellants, *v.*Home Insurance Company, Respondent. Hessian Hills Country Club, Inc., et al., Appellants, *v.*Hartford Fire Insurance Company et al., Respondents.

Argued April 30, 1937;

decided May 25, 1937.

*Alfred B. Nathan*and *Milton J. Gordon*for appellants.

*Harry A. Gair*and *Benjamin H. Sijf*for respondents.

In each case: appeal dismissed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.