alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

788 

KA 13-00201 

PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, LINDLEY, AND SCONIERS, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

RICHARD KESICK, DEFENDANT-APPELLANT.

 

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (VINCENT F. GUGINO OF

COUNSEL), FOR DEFENDANT-APPELLANT. 

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (NICHOLAS T. TEXIDO

OF COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Erie County Court (Thomas P.

Franczyk, J.), rendered December 12, 2012. The judgment convicted

defendant, upon his plea of guilty, of grand larceny in the third

degree. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Memorandum: On appeal from a judgment convicting him upon his

plea of guilty of grand larceny in the third degree (Penal Law §

155.35 [1]), defendant contends that his waiver of the right to appeal

is invalid. We reject that contention. County Court “engage[d] the

defendant in an adequate colloquy to ensure that the waiver of the

right to appeal was a knowing and voluntary choice . . . , and the

record establishes that defendant understood that the right to appeal

is separate and distinct from those rights automatically forfeited

upon a plea of guilty” (People v Blurts, 114 AD3d 1272, 1273, lv

denied 22 NY3d 1197 [internal quotation marks omitted]; see People v

Lopez, 6 NY3d 248, 256; People v Hicks, 89 AD3d 1480, 1480-1481, lv

denied 18 NY3d 924). We thus conclude that “[the plea colloquy and

the written waiver of the right to appeal signed [and acknowledged in

court] by defendant demonstrate that [he] knowingly, intelligently and

voluntarily waived the right to appeal” (People v Caleche, 94 AD3d

1418, 1419, lv denied 19 NY3d 959; see People v Pulley, 107 AD3d 1560,

1561, lv denied 21 NY3d 1076; People v Ramsey, 105 AD3d 1448, 1449, lv

denied 21 NY3d 1019).

Contrary to defendant’s further contention, the valid waiver of

the right to appeal encompasses his challenge to the severity of the

sentence, including the imposition and amount of restitution, the

terms of which were made a part of the plea agreement (see Lopez, 6

NY3d at 255; People v Graves, 96 AD3d 1466, 1466, lv denied 19 NY3d
-2- 788 

KA 13-00201 

1026; People v Butler, 81 AD3d 1465, 1465, lv denied 17 NY3d 805). 

Entered: July 3, 2014 Frances E. Cafarell

Clerk of the Court
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

# District: 4
Federal Reserve Bank of: Cleveland

## Filings received during the week ending July 15, 2006

|Filer             | Filing Type    | Filing Proposal                                                                                               | End of Comment Period                              
|----------------- | -------------- | ------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------
|FIFTH THIRD BANK  | * Branch       | Fifth Third Bank, Grand Rapids, MI to establish a branch at 2707 South 11th Street, Niles, MI.                | Newspaper:06/23/2006Federal Register:Not applicable
|Newspaper:        | 06/23/2006    
|Federal Register: | Not applicable
|FIFTH THIRD BANK  | * Branch       | Fifth Third Bank, Cincinnati, OH to establish a limited-service branch at 1800 Riverside Drive, Columbus, OH. | Newspaper:06/23/2006Federal Register:Not applicable
|Newspaper:        | 06/23/2006    
|Federal Register: | Not applicable

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

---

Home Banking information and regulation  Accessibility Contact 
  us
[Federal Register Volume 72, Number 12 (Friday, January 19, 2007)]
[Notices]
[Pages 2495-2496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-228]


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

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meetings

TIME AND DATE: 11 a.m., Friday, February 23, 2007.

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

STATUS: Closed.

[[Page 2496]]


MATTERS TO BE CONSIDERED: Surveillance Matters.

CONTACT PERSON FOR MORE INFORMATION: Eileen A. Donovan, 202-418-5100.

Eileen A. Donovan,
Acting Secretary of the Commission.
[FR Doc. 07-228 Filed 1-17-07; 11:27 am]
BILLING CODE 6351-01-M
§ 32.55-1 Ventilation of tank vessels constructed on or after July 1, 1951—TB/ALL. ( a ) On all tanks vessels, the construction or conversion of which is started on or after July 1, 1951, all enclosed parts of the vessel, other than cargo, fuel and water tanks, cofferdams and void spaces, shall be provided with efficient means of ventilation.
( b ) Compartments containing machinery where sources of vapor ignition are normally present shall be ventilated in such a way as to remove vapors from points near the floor level or the bilges. Effective steam or air actuated gas ejectors, blowers or ventilators fitted with heads for natural ventilation, with at least one duct extending to immediately below the floor plates will be approved for this purpose. Machinery spaces below the freeboard deck, in which fuels with flash point of 110 °F or lower are used, shall be equipped with power ventilation. (See § 32.60-20 for other requirements concerning pumprooms.)
§ 180.206 Survival craft—vessels operating on Great Lakes routes. ( a ) Except as allowed by paragraph (b) of this section, each vessel certificated to operate on a Great Lakes route must be provided with the survival craft required by § 180.205 (a) through (e), as appropriate.
( b ) Each vessel certificated to operate on a Great Lakes route within one mile of land is not required to carry survival craft if the OCMI determines that it is safe to do so, taking into consideration the vessel's scope of operation, hazards of the route, and availability of assistance.
[CGD 85-080, 61 FR 975, Jan. 10, 1996, as amended at 62 FR 51357, Sept. 30, 1997]
#### § 32.50-25 Cargo pumps and piping on tank vessels constructed prior to November 10, 1936—TB/ALL.

On tank vessels, the construction or conversion of which was started prior to November 10, 1936, cargo pumps and piping which do not fully comply with the regulations in this subchapter shall be made as nearly equal to the requirements for tank vessels constructed between November 10, 1936, and July 1, 1951, as is necessary in the interest of safety. Cargo pipe lines may pass through cargo pump engine compartments provided no cargo valves are located therein.
EPA and PMAA Meeting December 5 , 2013 Attendees EPA – Li nda Gerber, Paul Miller, Li z McDermott, Caroly n Hoskinson, Mark Barolo, Venu Ghanta, Rand y Deitz, Raquel Snyder, Pat Hammond PMAA – Rob Underwood, Mark Morgan Bjornson Oil Co. – Matt Bjornson ND Petroleum Marketers – Mike Rud Kelley Fuels Inc – Vern Kelley Senator Hoeven – Shawn Affolter EPA and PMAA met to discuss a number of issues from the proposed revisions to the UST regulations. The discussion was primaril y about compatibility .
§ 327.23 Insurance and other subrogated claims. ( a ) The claims of an insured (subrogor) and an insurer (subrogee) for damages arising out of the same incident constitute a single claim.
( b ) An insured (subrogor) and an insurer (subrogee) may file a claim jointly or separately. If the insurer has fully reimbursed the insured, payment will only be made to the insurer. If separate claims are filed, the settlement will be made payable to each claimant to the extent of that claimant's undisputed interest. If joint claims are filed, the settlement will be sent to the insurer.
( c ) Each claimant shall include with a claim, a written disclosure concerning insurance coverage including: ( 1 ) The names and addresses of all insurers;
( 2 ) The kind and amount of insurance;
( 3 ) The policy number;
( 4 ) Whether a claim has been or will be presented to an insurer, and, if so, the amount of that claim; and whether the insurer has paid the claim in whole or in part, or has indicated payment will be made.
( d ) Each subrogee shall substantiate an interest or right to file a claim by appropriate documentary evidence and shall support the claim as to liability and measure of damages in the same manner as required of any other claimant. Documentary evidence of payment to a subrogor does not constitute evidence of liability of the United States or conclusive evidence of the amount of damages. The Maritime Administration makes an independent determination on the issues of fact and law based upon the evidence of record.
#### § 30.10-57 Recognized classification society—TB/ALL.

The term *recognized classification society* means the American Bureau of Shipping or other classification society recognized by the Commandant.
§ 310.65 Graduation. ( a ) *Classes enrolled prior to April 1, 1982.* ( 1 ) A midshipman will be graduated from the Academy upon the successful attainment of the following requirements: ( i ) Completion of the required course of study;
( ii ) Fulfillment of the requirements for a license as an officer in the merchant marine of the United States;
( iii ) Filing for a commission in the USNR (including the Merchant Marine Reserve, USNR); and
( iv ) Compliance with the prescribed midshipman disciplinary and honor systems.
( 2 ) Graduates receive the degree of Bachelor of Science and a U.S. Coast Guard license either as third officer or third assistant engineer or both. They also may be granted commissions as Ensign, USNR (including the Merchant Marine Reserve, USNR) by the Department of the Navy.
( 3 ) In return for the education received at Government expense, each applicant shall sign an agreement to serve in one of the following categories immediately after graduation: ( i ) Sail on his or her license at sea for not less than six (6) months each year for three (3) consecutive years; or
( ii ) Sail on his or her license at sea for not less than four (4) months each year for four (4) consecutive years; or
( iii ) Apply for and serve on active duty for training on board a U.S. Navy ship for a minimum period of thirty (30) consecutive days each year for a period of three (3) consecutive years, and be either employed ashore for the balance of each year in some phase of the maritime industry or engaged in full-time graduate studies related to the maritime field; or
( iv ) Apply for and serve on full-time active duty as a commissioned officer in a uniformed service of the United States for a period of 3 consecutive years.
( b ) *Classes enrolled after April 1, 1982.* ( 1 ) A midshipman will be graduated from the Academy upon the successful attainment of the following requirements: ( i ) Completion of the required course of study;
( ii ) Fulfillment of the requirements for a license as an officer in the merchant marine of the United States;
( iii ) Application for an appointment, and acceptance if tendered of an appointment, as a commissioned officer in the USNR (including the Merchant Marine Reserve, USNR), the U.S. Coast Guard Reserve, or any other Reserve component of an armed force of the United States; and,
( iv ) Compliance with the prescribed midshipman disciplinary and honor systems.
( 2 ) Graduates receive the degree of Bachelor of Science and a U.S. Coast Guard license either as third officer or third assistant engineer or both. They also may be commissioned as a reserve officer in an armed force as described in paragraph (b)(1) of this section.
( 3 ) The service obligation incurred by graduates is prescribed in § 310.58 of this subpart.
124 STAT. 2496 PUBLIC LAW 111–236—AUG. 16, 2010 

LEGISLATIVE HISTORY—H.R. 5395: 

CONGRESSIONAL RECORD, Vol. 156 (2010): 

June 28, 30, considered and passed House. 

July 30, considered and passed Senate. 

Æ 

Public Law 111–236 

111th Congress 

An Act 

To designate the facility of the United States Postal Service located at 151 North 

Maitland Avenue in Maitland, Florida, as the ‘‘Paula Hawkins Post Office Building’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. PAULA HAWKINS POST OFFICE BUILDING. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 151 North Maitland Avenue in Maitland, Florida, 

shall be known and designated as the ‘‘Paula Hawkins Post Office 

Building’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Paula Hawkins Post Office Building’’. 

Approved August 16, 2010. 

Aug. 16, 2010 

[H.R. 5395] 


kgrant on DSKHRRP4G1PROD with PUBLAW
1 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

Mary Ann McBride, et. al., 

 Plaintiff, 

v. Case No. 15-11222 

 

Michigan Department of Corrections, Sean F. Cox 

et. al., United States District Court Judge 

 

 Defendant. 

______________________________/ 

ORDER STRIKING BRANDON RESCH’S OBJECTIONS (ECF No. 162); ADOPTING 

MAGISTRATE JUDGE GRAND’S MAY 26, 2020 REPORTS AND 

RECOMMENDATIONS (ECF Nos. 156 and 157); AND DENYING EDWARD BURLEY’S 

MOTIONS (ECF Nos. 133, 135, and 137) 

 On March 29, 2019, the Court entered an order granting the parties’ joint motion for final 

approval of class action settlement. (ECF No. 120). This order implemented a settlement 

agreement that had been reached by the parties. Thereafter, Edward Burley (who purports to be a 

class member) filed three pro se motions: (1) a motion for relief from judgment (ECF No. 133); 

(2) a motion to enforce compliance with the Settlement Agreement (ECF No. 135); and (3) a 

motion for temporary restraining order and preliminary injunction. (ECF No. 137). 

 On January 9, 2020, the Court referred Burley’s motions to Magistrate Judge David R. 

Grand. (ECF No. 147). On May 26, 2020, Judge Grand issued two Reports and Recommendations, 

wherein he recommends that the Court deny Burley’s three pending motions. (ECF Nos. 156 and 

157). 

Case 2:15-cv-11222-SFC-DRG ECF No. 164 filed 07/06/20 PageID.4842 Page 1 of 2
2 

 The time permitted to file objections has passed and Burley has not objected to Judge 

Grand’s recommended dispositions of his motions. Typically, that would resolve these motions. 

However, another purported class member, Brandon Resch, has objected to one of Judge Grand’s 

Reports and Recommendations. (ECF No. 162). Resch acknowledges that Burley’s motions are 

“outside of [his] purview,” and that he and Burley “have not talked nor corresponded in any 

manner whatsoever with one another to date.” (ECF No. 162, PageID 4823-4824). Nonetheless, 

Resch asks the Court to disregard Judge Grand’s recommended disposition of one of Burley’s 

motions. 

 Resch has no authority to object on Burley’s behalf. Accordingly, the Court STRIKES

Resch’s objections. (ECF No. 162). 

Because Burley has not filed any objection within the time permitted for objections, the 

Court ADOPTS Judge Grand’s Reports and Recommendations. (ECF Nos. 156 and 157). 

Accordingly, the Court DENIES the motion for relief from judgment (ECF No. 133); DENIES

the motion to enforce compliance with settlement agreement (ECF No. 135); and DENIES the 

motion for temporary restraining order and preliminary injunction. (ECF No. 137). 

IT IS SO ORDERED. 

 s/Sean F. Cox 

 Sean F. Cox 

 United States District Judge 

Dated: July 6, 2020

Case 2:15-cv-11222-SFC-DRG ECF No. 164 filed 07/06/20 PageID.4843 Page 2 of 2
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE STATf OF WASHINGTON, Respondent,

v. GARY CHARLES NESKEY, Appellant. No. 73011-8-1

UNPUBLISHED OPINION
FILED: July 18, 2016 o

CO ST.'

ro a • Schindler, J. — For the first time on appeal, Gary Charles Neskey argues the 

### mandatory deoxyribonucleic acid (DNA) feestatute is unconstitutional as applied to an 

### indigentdefendant and violates equal protection. We considered and rejected the same 

### arguments in State v. Shelton, No. 72848-2-I, slip op. at 1 (Wash. Ct. App. June 20, 

### 2016)| and Statev. Lewis, No. 72637-4-I, slip op. at 1(Wash. Ct. App. June27, 2016). Neskey also argues the courterred in ordering him tosubmit another DNA 

### sample. But Neskey does not showthe court abused its discretion in ordering him to submit a DNA sample. Lewis, slip op. at 10-11. Andbecause the statement of additional grounds does not inform us of the "nature andoccurrence of[the] alleged errors," we donotconsiderit. RAP 10.10(c);No. 73011-8-1/2 State v. Alvarado, 164 Wn.2d 556, 569, 192 P.3d 345 (2008). We affirm the judgment and sentence. 

# ^Q^WP.Eer
WE CONCUR:
#### § 131.970 Unauthorized lighting.

No master of a vessel may authorize or permit the vessel's carrying of any lighting not required by law that will interfere in any way with any other vessel's ability to distinguish the vessel's navigation lighting.
#### Lewis Brownell and others, *Respondents, v.*National Bank of Gloversville and others, Appellants.

Order affirmed, with ten dollars costs and printing disbursements. Mem. by

Bockes, J.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
THE CONSOLIDATED FINANCIAL STATEMENTS OF AERIAL COMMUNICATIONS, INC.
AS OF DECEMBER 31, 1997 AND FOR THE YEAR THEN ENDED, AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           5,012
<SECURITIES>                                       788
<RECEIVABLES>                                   31,282
<ALLOWANCES>                                     7,252
<INVENTORY>                                     25,949
<CURRENT-ASSETS>                                58,203
<PP&E>                                         642,122
<DEPRECIATION>                                  38,018
<TOTAL-ASSETS>                                 960,648
<CURRENT-LIABILITIES>                          109,769
<BONDS>                                        196,439
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        71,611
<OTHER-SE>                                     120,816
<TOTAL-LIABILITY-AND-EQUITY>                   960,648
<SALES>                                         23,645
<TOTAL-REVENUES>                                55,952
<CGS>                                           71,454
<TOTAL-COSTS>                                  274,117
<OTHER-EXPENSES>                                    21
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              27,065
<INCOME-PRETAX>                              (245,251)
<INCOME-TAX>                                     1,806
<INCOME-CONTINUING>                          (247,057)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (247,057)
<EPS-PRIMARY>                                   (3.45)
<EPS-DILUTED>                                   (3.45)


</TABLE>
Exhibit 32

Certification by the Chief Executive Officer and Chief Financial Officer

Relating to a Periodic Report
Containing Financial Statements

Each of, William J. Reuter, Chief Executive Officer, and Drew K. Hostetter, Chief Financial Officer, of
Susquehanna Bancshares, Inc. (the Company), hereby certifies that, based on his knowledge:

(1) The Companys periodic
report containing financial statements on Form 10-Q for the quarter ended March 31, 2007 (the Form 10-Q) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and

(2) The information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the
Company.

Date: As of May 9, 2007



|                        |  |  |  |                         |  | 
|----------------------- |  |  |  | ----------------------- |  | 
|CHIEF EXECUTIVE OFFICER |  |  |  | CHIEF FINANCIAL OFFICER |  | 
|                        |  |  | 
|/s/ William J. Reuter   |  |  |  | /s/ Drew K. Hostetter   |  | 
|William J. Reuter       |  |  |  | Drew K. Hostetter       |  |
EXHIBIT 32.1

                        ICY SPLASH FOOD & BEVERAGE, INC.
    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 amended Quarterly Report of Icy Splash Food & Beverage,
Inc. (the Company) on Form 10-QSB for the period ended June 30, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I,
Joseph Aslan, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

          (1) The Report fully complies with the requirements of section 13(a)
or 15(d) of the Securities Exchange Act of 1934; and

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

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

Date:  April 14, 2004


/s/ Joseph Aslan
----------------------------
    Joseph Aslan
    Chief Executive Officer