alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 1450.11 Administrative offset against amounts payable from Civil Service Retirement and Disability Fund. ( a ) Unless otherwise prohibited by law, FMCS may request that moneys which are due and payable to a debtor from the Civil Service Retirement and Disability Fund be administratively offset in reasonable amounts in order to collect in one full payment, or a minimal number of payments, debts owed to the United States by the debtor. Such requests shall be made to the appropriate officials of the Office of Personnel Management in accordance with such regulations as may be prescribed by the Director of that Office.
( b ) When making a request for administrative offset under paragraph (a) of this section, FMCS shall include a written certification that: ( 1 ) The debtor owes the United States a debt, including the amount of the debt;
( 2 ) The FMCS has complied with the applicable statutes, regulations, and procedures of the Office of Personnel Management; and
( 3 ) The FMCS has complied with the requirements of § 1450.10 of this subpart, including any required hearing or review.
( c ) Once FMCS decides to request adminstrative offset under paragraph (a) of this section, it will make the request as soon as practical after completion of the applicable procedures in order that the Office of Personnel Management may identify and “flag” the debtor's account in anticipation of the time when the debtor requests or become eligible to receive payments from the Fund. This will satisfy any requirement that offset be initiated prior to expiration of the applicable statute of limitations. At such time as the debtor makes a claim for payments from the Fund, if at least a year has elapsed since the offset request was originally made, the debtor should be permitted to offer a satisfactory payment plan in lieu of offset upon establishing that changed financial circumstances would render the offset unjust.
( d ) If FMCS collects part or all of the debt by other means before deductions are made or completed pursuant to paragraph (a) of this section, FMCS shall act promptly to modify or terminate its request for offset under paragraph (a) of this section.
( e ) This section does not require or authorize the Office of Personnel Management to review the merits of the FMCS determination with respect to the amount and validity of the debt, its determination as to waiver under an applicable statute, or its determination to provide or not provide a hearing.
**EXHIBIT 99.1**

 

**CEO CERTIFICATION**

** **

Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002 (18 USC §1350, as adopted), JoelA. Ronning, the Chief Executive Officer of Digital River, Inc. (the**“*Company*”),hereby certifies that, to the best of his knowledge:

** **

**1.    **TheCompany’s Annual Report on Form 10-K for the period ended December 31, 2002,and to which this Certification is attached as Exhibit 99.1 (the “*Annual Report*”) fully complies with therequirements of section 13(a) or section 15(d) of the Securities Exchange Actof 1934, and

** **

**2.    **Theinformation contained in the Annual Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.

 

**IN WITNESS WHEREOF**,the undersigned has set his hand hereto as of the 28th day of March, 2003.

 

 
|   | /s/ Joel A.  Ronning     |   |
|--------|--------------------------|--------|
|   | Joel A.  Ronning         |   |
|   | Chief  Executive Officer |   |

 

A signed original of thiswritten statement required by Section 906 has been provided to Digital River,Inc. and will be retained by Digital River, Inc. and furnished to theSecurities and Exchange Commission or its staff upon request.

 

This certification"accompanies" the Form 10-K to which it relates, is not deemed filedwith the Securities and Exchange Commission and is not to be incorporated byreference into any filing of the Company under the Securities Act of 1933, asamended, or the Securities Act of 1934, as amended (whether made before orafter the date of the Form 10-K), irrespective of any general incorporationlanguage contained in such filing.

----
#### The People of the State of New York, Respondent, v Richard Trivino, Appellant.

[699 NYS2d 60]

—Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Leone, J.), rendered February 27, 1997, convicting him of robbery in the second degree and unlawful imprisonment in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

On appeal the defendant contends that the record fails to support the trial court’s determination that his decision to represent himself was a competent, intelligent, and voluntary relinquishment of his right to counsel *(see, People v Sawyer,*57 NY2d 12, *cert denied*459 US 1178). However, a “careful and realistic” reading of the record supports the conclusion that the defendant’s decision to proceed *pro se*was a knowing and intelligent one *(see, People v Whitted,*113 AD2d 454, 455; *People v*
      *324
      *Vivenzio,*62 NY2d 775). A defendant’s prior exposure to legal procedures is relevant to resolving the question of whether his decision to proceed *pro se*was a voluntary and intelligent choice *(see, People v McIntyre,*36 NY2d 10).

Here, the defendant had been arrested on at least seven occasions on weapons possession charges and on many other occasions for a variety of other offenses and convicted of at least one felony. He also made repeated *pro se*motions in the instant matter and represented himself in a prior criminal action. In addition, the defendant’s court-appointed attorney actively participated in the defendant’s case by assisting the defendant during the *Sandoval*hearing and jury selection as well as other aspects of the trial and sentencing. Most significantly, the defendant was repeatedly warned that his case would be tried like any other case and that no concessions would be made because he was representing himself.

Under the facts of this case, the sentence imposed was not harsh or excessive *(see,*CPL 470.15 [6]; *People v Suitte,*90 AD2d 80). Thompson, J. P., Joy, McGinity and Feuerstein, JJ., concur.
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Water Gap Capital Partners, LLC, :

Appellant :

:

v. : No. 1304 C.D. 2021

:

Smithfield Township Board of :

Supervisors, John Shoemaker, :

William Buzzard, Terrence Fagan, :

Maryann Fagan, Neferetiti Campbell, :

Tony Ganci, Valerie Ganci, Joseph :

Iudicello, Marshall E. Anders, Patricia :

Anders, Bradley Rinschler, Terry Lynn :

Teel and Richard Oshrin :

PER CURIAM O R D E R

NOW, July 10, 2023, having considered Appellant’s application for 

reargument and Appellees’ answers in response thereto, the application is DENIED.
<PAGE>

Exhibit 23



INDEPENDENT AUDITORS' CONSENT


We consent to the incorporation by reference in Registration Statement No.
333-40362 of The Laclede Group, Inc. and Laclede Gas Company on Form S-3 and
Registration Statement No. 33-52357 of The Laclede Group, Inc. on Form S-3
and in Registration Statement Nos. 33-38413, 33-57573 and 33-64933 of The
Laclede Group, Inc. on Form S-8 of our report dated November 15, 2001
(November 29, 2001 as to Note 14), appearing in this Annual Report on Form
10-K of The Laclede Group, Inc. and Laclede Gas Company for the year ended
September 30, 2001.



Deloitte & Touche
St. Louis, MO
December 20, 2001
#### WAYNE-OHIO CO v WHARTON et

Ohio Appeals, 9th Dist, Summit Co .

No 1827.

Decided June 17, 1930

Musser, Kimber & Huffman, Akron, for Company. .•

Myers, Dinsmore & Whittemore, Akron, for Wharton, et.

*467PER CURIAM

We have carefully read the bill of exceptions and considered the law applicable thereto, and are of the opinion that said C. P. Wharton is entitled to a judgment against the Wayne-Ohio Company in an action at law for breach of contract in an amount equal to one-half of the judgment that was entered, but there being no evidence of the assignment by said J. L. Smith to said H. A. Whittemore, the other plaintiff below, of Smith’s right of .action against the plaintiff in error for breach of said contract to make the improvements, and it not being a covenant running with the land, said judgment against plaintiff in error and in favor of Whittemore for one-half of the damages caused by thq failure of plaintiff in error to comply with its original contract to make said improvements is erroneous and contrary to law.

The judgment of the Court of Common Pleas is' therefore modified by striking therefrom the name of H. A. Whittemore and reducing said judgment to one-half of the amount thereof, and as so modified the same is affirmed as to C. F. Wharton. The judgment as to H. A. Whittemore is reversed, and the cause as between him and the plaintiff in error is remanded to the Court of Common Pleas.

Funk, PJ, Pardee, J, and Washburn, J, concur.
#### Nassau County Trust Company, as Administrator of the Estate of Shaheenie Saleeby, Deceased, et al., Appellants, *v.*Nazura D. Saleeby et al., Individually and as Heirs at Law and Next of Kin of Shaheenie Saleeby, Deceased, et al., Respondents.

Argued April 19, 1937;

decided April 21, 1937.

*John R. Jones*for motion.

*Vito F. Lanza*opposed.

Motion granted and appeals dismissed, with costs, and ten dollars costs of motion, unless return on appeal is filed within fourteen days, in which event the motion is denied.
TRANSFER
      TECHNOLOGY INTERNATIONAL CORP.




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 Annual Report of Transfer Technology International Corp.
      (the "Company") on Form 10-KSB/A for the period ending December 31,
      2007, as filed with the Securities and Exchange Commission on the date hereof
      (the "Report"), I, Chris Trina, Chairman, President and Chief Executive Officer
      of the Company, 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) 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/  CHRIS
                TRINA
              Chris
                Trina
              Chairman,
                President and Chief Executive Officer
              July
                28, 2008




A
      signed
      original of this written statement required by Section 906 has been
      provided to the Company and will be retained by the Company and furnished to
      the
      Securities and Exchange Commission or its staff upon request.
Exhibit 32.02

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The certification set forth below is being submitted in connection with this quarterly report on Form 10-Q of Serena Software, Inc. for the fiscal quarter ended April 30, 2008 (the Report) for the purpose of complying with Rule
13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the Exchange Act) and Section 1350 of Chapter 63 of Title 18 of the United States Code.

I, Robert I. Pender, Jr., Chief Financial Officer of Serena Software, Inc. certify that, to my knowledge:



|(1) | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Exchange Act; and
|--- | --------------------------------------------------------------------------------------------------



|(2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Serena Software, Inc. at the dates and for
the periods indicated.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/    ROBERT I. PENDER, JR.Robert I. Pender, Jr. Senior Vice President,
Finance And Administration, Chief Financial Officer (Principal Financial And Accounting Officer)


Date: June 11, 2008

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.
#### § 100.609 Administrative collection of claims.

The NLRB shall aggressively collect all claims or debts. These collection activities will be undertaken promptly and follow up action will be taken as appropriate in accordance with 31 CFR chapter IX § 901.1.
Exhibit 32.2



Section 906 Certification of Chief Financial Officer



I, David M. Gernak, Chief Financial Officer of Patriot Motorcycle Corporation (the
Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



| | (1) | the Companys Quarterly Report on Form 10-QSB for the quarterly period ended December 31, 2004 (the Report) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 780(d)); and
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Dated: November 22, 2005



|                                       
|---------------------------------------
|/s/ David M. Gernak                    
|David M. Gernak Chief Financial
Officer
[Federal Register Volume 65, Number 96 (Wednesday, May 17, 2000)]
[Notices]
[Pages 31306-31307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12328]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Intent To File Application for a New License

May 11, 2000.
    Take notice that the following notice of intent has been filed with 
the Commission and is available for public inspection:
    a. Type of filing: Notice of Intent to File an Application for New 
License.
    b. Project No.: 178.
    c. Date filed: April 14, 2000.
    d. Submitted By: Pacific Gas and Electric Company.
    e. Name of Project: Kern Canyon.
    f. Location: On the Kern River in Kern County, California.
    g. Filed Pursuant to: Section 15 of the Federal Power Act, 18 CFR 
16.6.
    h. Pursuant to Section 16.19 of the Commission's regulations, the 
licensee is required to make available the information described in 
Section 16.7 of the regulations. Such information is available from the 
license at Pacific Gas and Electric Company, 77 Beal Street, San 
Francisco, California 94105. Interested parties can contact Cheryl 
Watkins on (415) 973-2189.
    i. FERC Contact: Patricia W. Gillis, (202) 208-0735, 
<a href="/cdn-cgi/l/email-protection#62120316100b010b034c050b0e0e0b1122040710014c0407064c1711"><span class="__cf_email__" data-cfemail="ef9f8e9b9d868c868ec188868383869caf898a9d8cc1898a8bc19a9c">[email protected]</span></a>.
    j. Expiration Date of Current License: April 30, 2005.
    k. The project consists of a dam, reservoir, tunnel, penstock, a 
powerhouse with one generator with a rated capacity of 10,600 kVA and 
transmission line.
    l. The licensee states its unequivocal intent to submit an 
application for a new license for Project No. 178. Pursuant to 18 CFR 
16.9(b)(1) each application for a new license and any competing license 
applications must be filed with the Commission at least 24 months prior 
to the expiration of the existing license. All applications for license 
for this project must be filed by April 30, 2003.
    m. A copy of the notice of intent is available for inspection and 
reproduction at the Commission's Public Reference Room, located at 888 
First Street, NE, Room 2A, Washington,

[[Page 31307]]

D.C. 20426, or by calling (202) 208-1371. The notice may be viewed on 
http://www.ferc.fed.us/online/rims.htm (call (202) 208-2222 for 
assistance). A copy is also available for inspection and reproduction 
at the address in item h above.

David P. Boergers,
Secretary.
[FR Doc. 00-12328 Filed 5-16-00; 8:45 am]
BILLING CODE 6717-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### In the Matter of the Claim of Gwen Brockington, Respondent, v University of Rochester et al., Appellants. Workers’ Compensation Board, Respondent.

[697 NYS2d 403]

*596—Mikoll, J.

Appeal from a decision of the Workers’ Compensation Board, filed December 12, 1997, which ruled that claimant has a causally related partial disability which contributed to her reduced earnings and made an award of reduced earnings.

The employer and its workers’ compensation insurance carrier contend that the Workers’ Compensation Board erred in rejecting their argument that claimant was not entitled to a reduced earnings award because she had voluntarily withdrawn from the labor market in June 1995. Whether a claimant has voluntarily withdrawn from the labor market is a question of fact for the Board to resolve and, if supported by substantial evidence in the record, the Board’s resolution of that issue will not be disturbed *(see, Matter of Griffin v Syracuse Rigging Co.,*259 AD2d 925).

Claimant testified that after the carrier’s physician advised her that she could return to work, she sought employment through two temporary employment agencies. She also explained why she limited her job search and the Board clearly accepted her explanation as reasonable. More importantly, claimant testified that her treating physician told her in June 1995 that she could do no work. Claimant also testified that although she began to receive Social Security disability benefits in May 1995, that was not the reason she did not thereafter look for work. Rather, she testified that she did not look for work because of her failing health. The treating physician’s report indicates that in June 1995, claimant was 50% disabled and continued to suffer chronic pain. The record also contains the report of a physician who conducted an independent medical examination in October 1995 and concluded that claimant’s chronic lumbar strain precluded her from returning to work, that her prognosis was guarded and that she would probably have periodic episodes of back pain for the rest of her life. Claimant’s testimony and medical evidence in the record provide the necessary substantial evidence to support the Board’s finding that claimant did not voluntarily withdraw from the labor market *(see, Matter of Walker v Low & Son,*154 AD2d 853, 854).

Cardona, P. J., Mercure, Yesawich Jr. and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.
Order entered October 

# q , 2012

In The 

### Court of Rppeatti jfiftb 4Notrirt of Texao at attas

No. 05-12-01323-CR ERIC JERMOND DAVIS, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 363rd District Court

Dallas County, Texas Trial Court Cause No. F11-59063



### ORDER The Court GRANTS appellant's motion for extension of time to file defendant's notice of appeal and pauper's oath. We consider the notice of appeal filed in this Court on September 27, 2012 timely filed.
[Federal Register Volume 65, Number 13 (Thursday, January 20, 2000)]
[Notices]
[Pages 3239-3240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1272]


=======================================================================
-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The application also will be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, 
nonbanking activities will be conducted throughout the United States.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than February 11, 2000.
    A. Federal Reserve Bank of Cleveland (Paul Kaboth, Banking 
Supervision), 1455 East Sixth Street, Cleveland, Ohio 44101-2566:
    1. Three Rivers Bancorp, Inc., Monroeville, Pennsylvania; to become 
a bank holding company by acquiring 100 percent of the voting shares of 
Three Rivers Bank and Trust Company, Monroeville, Pennsylvania.
    B. Federal Reserve Bank of St. Louis (Randall C. Sumner, Vice 
President), 411 Locust Street, St. Louis, Missouri 63166-2034:
    1. Commonwealth Bancshares, Inc., Shelbyville, Kentucky; to merge 
with

[[Page 3240]]

Commonwealth Financial Corporation, Louisville, Kentucky, and thereby 
indirectly acquire Commonwealth Bank & Trust Company, Middletown, 
Kentucky.

    Board of Governors of the Federal Reserve System, January 13, 
2000.
Robert deV. Frierson,
Associate Secretary of the Board.
[FR Doc. 00-1272 Filed 1-19-00; 8:45 am]
BILLING CODE 6210-01-P