alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## St at e of Ne w York Supre me Court , Appe llat e D i vi s i on T h i rd J udi ci al D e

part me n t Decided and Entered: November 10, 2016 107245

________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MEMORANDUM AND ORDER SUZETTE GUZMAN-MOORE, Appellant.

________________________________ Calendar Date: September 20, 2016 Before: McCarthy, J.P., Egan Jr., Rose, Devine and Clark, JJ.

__________ Donnial K. Hinds, Albany, for appellant. P. David Soares, District Attorney, Albany (Vincent Stark of counsel), for respondent.

__________ Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered August 28, 2014, convicting defendant upon her plea of guilty of the crimes of scheme to defraud in the first degree and identity theft in the second degree (three counts). Defendant waived indictment and pleaded guilty to scheme to defraud in the first degree and three counts of identity theft in the second degree. Defendant also orally waived her right to appeal and executed a written appeal waiver in open court. County Court sentenced defendant in accordance with the terms of the plea agreement to consecutive prison terms of 1 to 3 years on-2- 107245

each charge. Defendant appeals. 1 Defendant contends that the sentence imposed is harsh and excessive. Such challenge is precluded by defendant's unchallenged waiver of the right to appeal (see People v Mann, 140 AD3d 1532, 1533 [2016]; People v Perkins, 140 AD3d 1401, 1403 [2016]). To the extent that defendant contends that it was illegal for County Court to impose consecutive sentences, challenges to the legality of a sentence are not precluded by an appeal waiver (see People v Blair, 140 AD3d 1478, 1479 [2016], lv denied 28 NY3d 927 [2016]). However, we find this argument to be without merit, as "the allegations set forth in the superior court information[], combined with the facts adduced during the plea allocution, sufficiently establish that these crimes are distinct and [that] the charges arose from separate acts" (People v Woods, 141 AD3d 954, 956 [2016] [internal quotation marks and citation omitted]). McCarthy, J.P., Egan Jr., Rose, Devine and Clark, JJ., concur.
ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court

1 Defendant's challenge to the validity of the appeal waiver was raised for the first time in her reply brief and, therefore, is not properly before this Court (see People v Neal, 133 AD3d 920, 921 n 2 [2015]; People v Davenport 58 AD3d 892, 894 [2009], lv denied 12 NY3d 782 [2009]). Were we to consider this issue, we would find that defendant knowingly, voluntarily and intelligently waived the right to appeal (see People v Constantopoules, 141 AD3d 942, 942-943 [2016]).
<PAGE>
                                                                  Exhibit 3b(i) 

CONSENT OF SOLE STOCKHOLDER
OF BELL ATLANTIC - MARYLAND, INC.


The undersigned, which holds all of the outstanding stock of Bell Atlantic -
Maryland, Inc. (the "Corporation"), does hereby consent to and adopt the 
following resolution pursuant to Section 2-505 of the Maryland General 
Corporation Law:

RESOLVED, that the By-Laws of the Corporation be, and they hereby are, amended 
and restated in their entirety as set forth on Exhibit A attached hereto and 
made a part hereof.

IN WITNESS WHEREOF, the undersigned sole stockholder of Bell Atlantic - 
Maryland, Inc. has executed this consent as of the 15th day of December, 1995.

Bell Atlantic Corporation

By:
Raymond W. Smith
Chairman of the Board and 
Chief Executive Officer
#### § 76.60-5 Number required.

(a) All vessels except barges shall carry at least the minimum number of fire axes as set forth in table [76.60-5(a)](/on/2024-09-23/title-46/section-76.60-5#p-76.60-5(a)). Nothing in this paragraph shall be construed as limiting the Officer in Charge, Marine Inspection, from requiring such additional fire axes as he deems necessary for the proper protection of the vessel.

Table [76.60-5](/on/2024-09-23/title-46/section-76.60-5)(a)

| Gross tons | | Number of axes |
| --- | --- | --- |
| Over | Not over |
| | 50 | 1 |
| 50 | 200 | 2 |
| 200 | 500 | 4 |
| 500 | 1,000 | 6 |
| 1,000 | | 8 |

(b) Covered barges shall carry at least three fire axes and uncovered barges shall carry at least two fire axes.
Exhibit 10.39 Modification to
Operating Agreement for Health Diagnostic Management, LLC


 


MODIFICATION AND AMENDMENT


 


Modification and Amendment
effective as of February 13, 2013, to the Limited Liability Company Operating Agreement (the “Operating Agreement”)
of Health Diagnostics Management, LLC (“HDM”).


 


W I T N E S S E T H :


 


WHEREAS, Article
V, Section 9 of the Operating Agreement states, among other things that the depreciation of the assets of the Company shall be
allocated solely to the Class A Members of HDM, as provided therein;


 


WHEREAS, it was the
intention of the parties that amortization, as well as depreciation, be so allocated solely to the Class A Members of HDM; and


 


WHEREAS, the Class
B Member of HDM acknowledges that the amortization should be so allocated solely to the Class A Members;


 


NOW THEREFORE, in
consideration of the premises, representations and covenants contained herein:


 


1.Amortization to be Allocated
Solely to the Class A Members. The depreciation and amortization of the assets of the Company shall be allocated solely
to the Class A Members, unless and until their interests have been redeemed by HDM in full, and Article V, Section 9 of the Operating
Agreement shall be deemed to read in full as follows:


 


“Except as set forth
herein, the profits and losses and all items of income, gain or loss,


deduction or other allocations
of this Company, shall be allocated among the members


in the same proportions as their membership
interests in the Company bear to all the Class A and Class B membership interests of the Company in the aggregate outstanding.
Notwithstanding the foregoing, all of the depreciation and amortization of the assets of the Company shall be allocated solely
to the Class A Members, unless and until their interests have been redeemed by the Company in full, pursuant to the provisions
of this Agreement.”


 


2.Renunciation of Class B Member.
 The Class B Member of HDM hereby agrees that the depreciation and amortization of the assets of HDM, shall be allocated solely
to the Class A Members of HDM, as provided in Section 1 of this Amendment, unless and until their interests have been redeemed
in full by HDM.


 


3.Effect of Amendment.
Except to the extent modified by this Amendment, the terms and conditions of the Operating Agreement shall remain in full force
and effect.


 


4.Applicable Law. This
Amendment shall be governed and construed in accordance with the laws of the State of New York.


 


 


IN WITNESS WHEREOF,
this Amendment shall be effective as of the effective date first above written.


 


 


HEALTH MANAGEMENT CORPORATION OF AMERICA


(Sole Class B Member)
-----Original Message----- 

From: JudyRangel_37@hotmail.com [mailto:JudyRangel_37@hotmail.com] 

Sent: Wednesday, April 28, 2010 10:06 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 28, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Judy Rangel 

14367 Bent Tree Ct 

Poway, CA 92064
# EUR-Lex - 52004AP0391 - EN

Important legal notice

*|*

# 52004AP0391

**European Parliament decision on the nomination of Jacek Uczkiewicz for the office of Member of the Court of Auditors (C5-0204/2004 — 2004/0809G(CNS)) **

*
Official Journal 085 E , 07/04/2005 P. 0054 - 0054 *

P5_TA(2004)0391

Appointment of Jacek Uczkiewicz as a Member of the European Court of Auditors

European Parliament decision on the nomination of Jacek Uczkiewicz for the office of Member of the Court of Auditors (C5-0204/2004 — 2004/0809G(CNS))

The European Parliament,

- having regard to Article 247(3) of the EC Treaty, and Article 160b(3) of the EAEC Treaty, pursuant to which the Council consulted Parliament (C5-0204/2004),

- whereas at its meeting on 6 April 2004 the Committee on Budgetary Control heard the Council's nominee for the office of Member of the Court of Auditors, and at its meeting on 3 May 2004 considered the nominee's qualifications in the light of the criteria laid down by Articles 45b of the ECSC Treaty, 247(2) of the EC Treaty and 160b of the EAEC Treaty,

- having regard to Rule 35 of its Rules of Procedure,

- having regard to the report of the Committee on Budgetary Control (A5-0283/2004),

1. Delivers a favourable opinion on the appointment of Jacek Uczkiewicz as a Member of the Court of Auditors;

2. Instructs its President to forward this decision to the Council and, for information, to the Court of Auditors, the other institutions of the European Communities and the Audit Offices of the Member States.

--------------------------------------------------
## In This Section 

          -  Office of Financial Management               -  Organization and Staff                 -  Director 
              -  Deputy Director of Audit and Internal Controls 
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          -  Department of Interior Chief Financial Officers 
          -  Agency Financial Report 
          -  Policy               -  Departmental Manuals 
            -  Office of Secretary and Departmental Office Charge Card Program 
          -  G-Invoicing Implementation Plan 

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# Agency Financial Reports

The Agency Financial Report is our principal report to convey to the President, Congress, and the American people our commitment to sound financial management and stewardship of public funds. The Department of the Interior remains committed to effective governance and financial integrity and take seriously the responsibility to which we have been entrusted. To that end, we continue to work to improve our financial management and internal controls.

              - FY 2023 Agency Financial Report
              - FY 2022 Agency Financial Report
              - FY 2021 Agency Financial Report
              - FY 2020 Agency Financial Report
              - FY 2019 Agency Financial Report
              - FY 2018 Agency Financial Report
              - FY 2017 Agency Financial Report
              - FY 2016 Agency Financial Report
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              - FY 2010 Agency Financial Report

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#### Rachel Acker and others, *Appellants, v.*James English, *Respon*dent.

Judgment affirmed, with costs. Opinion by

Daniels, J.
```

[Journal of the House of Representatives, 1995]
[Wednesday, July 26, 1995 (102), Para 102.39 Adjournment]
[Page 1204]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.102.39  adjournment

  On motion of Mr. CHRYSLER, at 11 o'clock and 54 minutes p.m., the 
House adjourned.
```
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 
STATEMENT OF INCOME FOR THE YEAR ENDED DECEMBER 31, 1997 AND THE BALANCE SHEET
AT DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           7,134
<SECURITIES>                                         0
<RECEIVABLES>                                  140,657
<ALLOWANCES>                                     7,721
<INVENTORY>                                      1,929
<CURRENT-ASSETS>                               168,088
<PP&E>                                       1,652,123
<DEPRECIATION>                                 849,599
<TOTAL-ASSETS>                                 987,818
<CURRENT-LIABILITIES>                          255,628
<BONDS>                                        227,769
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       191,968
<OTHER-SE>                                     123,096
<TOTAL-LIABILITY-AND-EQUITY>                   987,818
<SALES>                                              0
<TOTAL-REVENUES>                               611,222
<CGS>                                                0
<TOTAL-COSTS>                                  517,275
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              18,932
<INCOME-PRETAX>                                 75,577
<INCOME-TAX>                                    30,272
<INCOME-CONTINUING>                             45,305
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    45,305
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
### ATTACHMENT B

PUBLIC MEETING TO CONSIDER PROPOSED AMENDMENTS TO THE AIRBORNE TOXIC CONTROL MEASURE FOR IN

- USE DIESEL

- FUELED TRANSPORT REFRIGERATION UNITS (TRU) AND TRU GENERATOR SETS, AND FACILITIES WHERE TRUs OPERATE

Staff’s Suggested Modifications to the Original Proposal

T O BE PRESENTED AT THE OCTOBER 20 , 2011 HEARING OF THE AIR RESOURCES BOARD

Shown below are the staff’s suggested modifications to the originally proposed amendments to the regulatory text set forth in Appendix A to the Staff Repor t: Initial Statement of Reasons, which was released August 31, 2011 , and in Attachment C to Resolution 11

- 35. Only those portions containing the suggested modifications are included. All proposed modifications will be made available to the public for a fifteen

- day comment p eriod prior to final adoption.

Section 2477.13 Requirements for TRU and TRU Generator Set Original Equipment Manufacturers

It was suggested that ARB allow TRU and TRU generator set (gen set) original equipment manufacturers ( OEM s ) that install flexibility engines in TRUs or TRU gen sets to provide a written disclosure document with the unit with instructions to the dealer that installs the TRU to notify the ultimate purchaser and provide the OEM’s written disclosure to the end

- user that the unit is equipped with a flexibility engine at point of sale. Staff agrees and will modify the amended language.

It was also suggested that ARB allow the OEM an alternative to providing a registration information document with each unit, and ins tead, allow them to provide an on

- line look

- up for the owner to get this information. Staff will modify the amended language to allow for alternatives to the registration information documentation

.

Section 2477.14 Requirements for TRU , TRU Gen Set
, and TRU

- Equipped Truck and Trailer Dealers

It was suggested the regulation should also require TRU , TRU gen set, and TRU

- equipped truck and trailer dealers to follow the OEM’s instructions to notify the end

- user and pass the disclosure document for flexibility engines to the end

- user. Staff agrees and will modify the amended language.
-----Original Message----- 

From: skoehle1@yahoo.com [mailto:skoehle1@yahoo.com] 

Sent: Sunday, April 25, 2010 5:28 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

shawn koehler 

7485 Midland 

allenton, WI 53002
#### A. Barton Hepburn, *as Receiver, etc., Appellant, v.*William H. Montgomery, *Respondent*(and two other actions in favor of the same plaintiff).

— Judgment in each action affirmed, with the costs of one appeal only and the disbursements in each. Opinion by

Smith, P. J.
II

Calendar No. 464

104TH CONGRESS

2D SESSION H. R. 2070

IN THE SENATE OF THE UNITED STATES

OCTOBER 18, 1995

Received; read twice and referred to the Committee on Foreign Relations

JUNE 26, 1996

Reported by Mr. HELMS, without amendment

AN ACT

To provide for the distribution within the United States

of the United States Information Agency film entitled

‘‘Fragile Ring of Life’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 2070 RS

1 SECTION 1. DISTRIBUTION WITHIN THE UNITED STATES OF

2 UNITED STATES INFORMATION AGENCY FILM

3 ENTITLED ‘‘FRAGILE RING OF LIFE’’.

4 Notwithstanding section 208 of the Foreign Relations

5 Authorization Act, Fiscal Years 1986 and 1987 (22

6 U.S.C. 1461–1(a)) and the second sentence of section 501

7 of the United States Information and Education Exchange

8 Act of 1948 (22 U.S.C. 1461)—

9 (1) the Director of the United States Informa10 tion Agency shall make available to the Archivist of

11 the United States a master copy of the film entitled

12 ‘‘Fragile Ring of Life’’; and

13 (2) upon evidence that necessary United States

14 rights and licenses have been secured and paid for

15 by the person seeking domestic release of the film,

16 the Archivist shall—

17 (A) reimburse the Director for any ex18 penses of the Agency in making that master

19 copy available;

20 (B) deposit that film in the National Ar21 chives of the United States; and

22 (C) make copies of that film available for

23 purchase and public viewing within the United

24 States.
3

•HR 2070 RS

1 Any reimbursement to the Director pursuant to this sec2 tion shall be credited to the applicable appropriation of

3 the United States Information Agency.
Calendar No. 464

104TH CONGRESS

2D SESSION H. R. 2070

AN ACT

To provide for the distribution within the United

film entitled ‘‘Fragile Ring of Life’’.States of the United States Information Agency

JUNE 26, 1996

Reported without amendment
-----Original Message----- 

From: jane_silverman@yahoo.com [mailto:jane_silverman@yahoo.com] 

Sent: Monday, April 26, 2010 8:16 AM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 26, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Jane Silverman 

8421 Ramath Dr 

Charlotte, NC 28211
-----Original Message----- 

From: seattlejohn@me.com [mailto:seattlejohn@me.com] 

Sent: Tuesday, April 27, 2010 4:53 AM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 27, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

John Sedgwick 

311 Oak St, #326 

Oakland, CA 94607
§ 222.49 Who may file Grade Crossing Inventory Forms? ( a ) Grade Crossing Inventory Forms required to be filed with the Associate Administrator in accordance with §§ 222.39, 222.43 and 222.47 of this part may be filed by the public authority if, for any reason, such forms are not timely submitted by the State and railroad.
( b ) Within 30 days after receipt of a written request of the public authority, the railroad owning the line of railroad that includes public or private highway rail grade crossings within the quiet zone or proposed quiet zone shall provide to the State and public authority sufficient current information regarding the grade crossing and the railroad's operations over the grade crossing to enable the State and public authority to complete the Grade Crossing Inventory Form.