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

Appellate Division, Fourth Judicial Department

228 

KA 16-00647 

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, DEJOSEPH, AND SCUDDER, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

MICHAEL D. STEVENS, DEFENDANT-APPELLANT. 

 

KURT HAMELINE, NEW HARTFORD, FOR DEFENDANT-APPELLANT. 

SCOTT D. MCNAMARA, DISTRICT ATTORNEY, UTICA (STEVEN G. COX OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Oneida County Court (Michael L.

Dwyer, J.), rendered April 12, 2016. The judgment convicted

defendant, upon a jury verdict, of assault in the second degree and

resisting arrest. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed and the matter is remitted to Oneida County Court

for proceedings pursuant to CPL 460.50 (5).

Memorandum: Defendant appeals from a judgment convicting him

upon a jury verdict of assault in the second degree (Penal Law 

§ 120.05 [3]) and resisting arrest (§ 205.30). Defendant’s sole

contention on appeal is that the People failed to present legally

sufficient evidence establishing that the officers had probable cause

to arrest him for disorderly conduct, which resulted in the crimes of

which he was convicted. Defendant failed to renew his motion for a

trial order of dismissal after presenting evidence, and he therefore

failed to preserve his contention for our review (see People v Hines,

97 NY2d 56, 61, rearg denied 97 NY2d 678). In any event, we conclude

that defendant’s contention lacks merit (see People v Sowell, 25 AD3d

386, 387, lv denied 7 NY3d 763; People v Sekoll, 254 AD2d 797, 797, lv

denied 92 NY2d 1053; see also People v Tichenor, 89 NY2d 769, 776-777,

cert denied 522 US 918). 

Entered: March 24, 2017 Frances E. Cafarell

Clerk of the Court
-----Original Message----- 

From: cat.5@verizon.net [mailto:cat.5@verizon.net] 

Sent: Sunday, April 25, 2010 7:59 AM 

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, 

Joseph DeNatale 

61 Crescent Hill Ave 

Arlington, MA 02474
-----Original Message----- 

From: corrseekerman98@yahoo.com [mailto:corrseekerman98@yahoo.com] 

Sent: Monday, April 26, 2010 9:30 PM 

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, 

john corr 

2302517th ave s 

des moines, WA 98198
§ 240.205 Procedures for determining eligibility based on prior safety conduct. ( a ) Each railroad, prior to initially certifying or recertifying any person as an engineer for any class of service other than student, shall determine that the person meets the eligibility requirements of § 240.115 involving prior conduct as a motor vehicle operator, § 240.117 involving prior conduct as a railroad worker, and § 240.119 involving substance abuse disorders and alcohol/drug rules compliance.
( b ) In order to make the determination required under paragraph (a) of this section, a railroad shall have on file documents pertinent to the determinations referred to in paragraph (a) of this section, including a written document from its DAC either reflecting his or her professional opinion that the person has been evaluated as not currently affected by a substance abuse disorder or that the person has been evaluated as affected by an active substance abuse disorder and is ineligible for certification.
[85 FR 81314, Dec. 15, 2020]
§ 199.103 Use of persons who fail or refuse a drug test. ( a ) An operator may not knowingly use as an employee any person who— ( 1 ) Fails a drug test required by this part and the medical review officer makes a determination under DOT Procedures; or
( 2 ) Refuses to take a drug test required by this part.
( b ) Paragraph (a)(1) of this section does not apply to a person who has— ( 1 ) Passed a drug test under DOT Procedures;
( 2 ) Been considered by the medical review officer in accordance with DOT Procedures and been determined by a substance abuse professional to have successfully completed required education or treatment; and
( 3 ) Not failed a drug test required by this part after returning to duty.
[53 FR 47096, Nov. 21, 1988, as amended by Amdt. 199-2, 54 FR 51850, Dec. 18, 1989. Redesignated and amended by Amdt. 199-19, 66 FR 47118, Sept. 11, 2001]
-----Original Message----- 

From: themightybrian@gmail.com [mailto:themightybrian@gmail.com] 

Sent: Sunday, April 25, 2010 8:35 AM 

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. 

My own words {lets give the money back to the community} 

Sincerely, 

Brian Bailey 

6611 sw 79th st 

Miami, FL 33143
# Map            Sierra Leone.
§ 178.607 Cooperage test for bung-type wooden barrels. ( a ) *Number of samples.* One barrel is required for each different packaging.
( b ) *Method of testing.* Remove all hoops above the bilge of an empty barrel at least two days old.
( c ) *Criteria for passing the test.* A packaging passes the cooperage test only if the diameter of the cross-section of the upper part of the barrel does not increase by more than 10 percent.
-----Original Message----- 

From: gcanzanophd@comcast.net [mailto:gcanzanophd@comcast.net] 

Sent: Monday, April 26, 2010 8:48 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, 

Gail Canzano 

81 S Main St 

West Hartford, CT 06107
Editorial Note on Part 173
Editorial Note: Nomenclature changes to part 173 appear at 70 FR 56098, Sept. 23, 2005.

§ 173.477 Approval of packagings containing greater than 0.1 kg of non-fissile or fissile-excepted uranium hexafluoride. ( a ) Each offeror of a package containing more than 0.1 kg of uranium hexafluoride must maintain on file for at least two years after the offeror's latest shipment, and provide to the Associate Administrator on request, a complete safety analysis, including documentation of any tests, demonstrating that the package meets the requirements of § 173.420. An IAEA Certificate of Competent Authority issued for the design of the packaging containing greater than 0.1 kg of non-fissile or fissile-exempted uranium hexafluoride may be used to satisfy this requirement.
( b ) Prior to the first export shipment of a package containing greater than 0.1 kg of uranium hexafluoride from the United States, each offeror shall obtain a U.S. Competent Authority Certificate for the packaging design. For packagings manufactured outside the United States, each offeror shall comply with § 173.473.
( c ) Each request for a U.S. Competent Authority Certificate as required by the IAEA regulations must be submitted in writing, in triplicate, by mail or other delivery service to the Associate Administrator. Alternatively, the request with any attached supporting documentation submitted in an appropriate format may be sent by facsimile (fax) to (202) 366-3753 or (202) 366-3650, or by electronic mail (e-mail) to *ramcert@dot.gov .* Each request is considered in the order in which it is received. To allow sufficient time for consideration, requests must be received at least 90 days before the requested effective date. Each request for a U.S. Competent Authority Certificate must include the following information: ( 1 ) A safety analysis report which, at a minimum, provides a detailed description of the packaging and contents; a description of the manufacturing process used for the packaging; and details of the tests conducted and copy of their results, evidence based on calculative methods to show that the package is able to pass the tests, or other evidence that the package complies with § 173.420; and
( 2 ) For the original request for a Competent Authority Certificate, evidence of a quality assurance program.
[69 FR 3693, Jan. 26, 2004, as amended at 79 FR 40617, July 11, 2014]
Exhibit 3.3

                                    AMENDMENT

                                     TO THE

                                     BY-LAWS

                                       OF

                             ASCENT ASSURANCE, INC.

                                  April 5, 2000

Pursuant  to the  provisions  of Article XI Section  11.1 (B) of the Amended and
Restated By-laws of Ascent Assurance, Inc., the Board of Directors hereby adopts
the following amendment to Article II Section 2.7 of such By-laws.

                                   ARTICLE II

Section 2.7

The penultimate  sentence of Article II, Section 2.7 of the Amended and Restated
By-laws of the  Corporation  shall be,  and  hereby  is,  amended to read in its
entirety as follows:

"Whenever a special meeting is called pursuant to the preceding sentence, notice
of such special  meeting shall be given by the Secretary or by a person  calling
the meeting to each  director by mailing the same,  postage  prepaid,  not later
than the second  day  before the  meeting,  or  personally  or by  telegraphing,
telephoning or telecopying the same not later than the day before the meeting."
**Exhibit 99.1**

**Certification pursuant to 18U.S.C. Section 1350, as adopted pursuant to****Section 906 of the Sarbanes-Oxley Act of 2002**

In connection with the Quarterly Reportof Henry County Bancshares, Inc. (the “Company”) on Form 10-Q for the period ending September 30, 2002, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, David H. Gill, Chief ExecutiveOfficer 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. |

|  |  |        |                                                                                                                    |
|--|--|--------|--------------------------------------------------------------------------------------------------------------------|
|  |  |   | /s/ DAVID H.GILL**David H. Gill, President and C.E.O****(Principal Executive Officer)**
Date: November 12, 2002
23 |
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the National Heart, Lung, and Blood Institute Special Emphasis Panel, February 23, 2007, 8:30 a.m. to February 23, 2007, 3 p.m., Embassy Suites Hotel Washington Convention Ctr., Washington, DC 20001 which was published in the                     **Federal Register**                     on January 12, 2007, FR 07-100.                

The February 23, 2007 Meeting Panel Name was changed from Modified Hemoglobin Production to VAD Technologies. The meeting is closed to the public.

Dated: January 24, 2007.

Anna Snouffer,

Acting Director, Office of Federal Advisory Committee Policy.

[FR Doc. 07-397 Filed 1-30-07; 8:45 am]

BILLING CODE 4140-01-M
EXHIBIT
      10.1

    


    On
      March
      20, 2006, the Board of Directors of PubliCARD, Inc. approved a thirty-three
      percent reduction in compensation for all non-employee directors effective
      April
      1, 2006. As a result, the annual retainer for Harry I. Freund, Chairman of
      the
      Board of Directors, and Jay S. Goldsmith, Vice Chairman of the Board of
      Directors, was reduced from $100,000 to $66,667, and the annual retainer for
      all
      other non-employee directors was reduced from $24,000 to $16,000. These
      arrangements have indefinite terms and are terminable at any time by either
      party.
#### § 236.702 Arm, semaphore.

The part of a semaphore signal displaying an aspect. It consists of a blade fastened to a spectacle.
#### Will Jones v. The State.

*No. 672.*

*Decided June 22.*

1. Statement of Facts—Practice on Appeal.—A statement of facts which has not been filed in the lower court can not be entertained on appeal.

S. Charge Where There is No Statement of Facts.—In the absence of a statement of facts, if the charge of the court applies the law correctly to a state of case provable under the indictment, it will be held to be sufficient.

Appeal from the County Court of Runnels. Tried below before Hon. C. H. Willingham, County Judge.

This appeal is from a conviction for unlawfully permitting cards to be played in a public house under control of appellant, to wit, an outhouse, where people resorted for the purpose of gaming, the punishment being assessed at a fine of $25.

Ho statement necessary.

*Guión & Truly,*for appellant.

*Mann Trice,*Assistant Attorney-General, for the State.

DAVTDSOH, Judge.

Appellant was convicted of permitting gaming in a public house under his control, to wit, an outhouse, where people resorted for the purpose of gaming. The statement of facts, . not having been filed in the lower court, can not be entertained on appeal. Willson’s Crim. Stats., secs. 2560, 2561, 2564.

The charge correctly applies the law to a state of facts provable under the indictment, and, in the absence of the testimony, the charge as given seems to be correct. The special charge asked by defendant, that if there was any reasonable doubt that appellant was in control of the house where the games were played he should be acquitted, may not have been called for by the evidence. The evidence may have been overwhelmingly against him on this question. The charge as given correctly instructs the jury in regard to the reasonable doubt as applied to the whole case. The judgment, under the record before us, must be affirmed; and it is so ordered.

*Affirmed.*

Judges all present and concurring.
I

104TH CONGRESS

1ST SESSION H. R. 236

To amend the Food Stamp Act of 1977 to permit participating households

to use food stamp benefits to purchase nutritional supplements of vitamins, minerals, or vitamins and minerals.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. EMERSON introduced the following bill; which was referred to the

Committee on Agriculture

A BILL

To amend the Food Stamp Act of 1977 to permit participating households to use food stamp benefits to purchase

nutritional supplements of vitamins, minerals, or vitamins and minerals.

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

3 SECTION 1. FINDINGS.

4 The Congress finds the following:

5 (1) The dietary patterns of Americans do not

6 result in nutrient intakes that fully meet Rec7 ommended Dietary Allowances (RDAs) of vitamins

8 and minerals.
2

HR 236 IH

1 (2) The elderly often fail to achieve adequate

2 nutrient intakes from diet alone.

3 (3) Pregnant women have particularly high nu4 trient needs, which they often fail to meet through

5 dietary means alone.

6 (4) Many scientific studies have shown that nu7 tritional supplements that contain folic acid (a B vi8 tamin) can prevent as many as 60 to 80 percent of

9 neural tube birth defects. The Public Health Service,

10 in September 1992, recommended that ‘‘all women

11 of childbearing age in the United States who are ca12 pable of becoming pregnant should consume 0.4 mg

13 of folic acid per day for the purpose of reducing

14 their risk of having a pregnancy affected with spina

15 bifida or other neural tube birth defects.’’ The Food

16 and Drug Administration (FDA) has also approved

17 a health claim for folic acid to reduce the risk of

18 neural tube birth defects.

19 (5) Infants who fail to receive adequate intakes

20 of iron may be somewhat impaired in their mental

21 and behavioral development.

22 (6) Children in low-income families often fail to

23 achieve nutritional goals from diet alone.

24 (7) A massive volume of credible scientific evi25 dence strongly suggests that increasing intake of
3

HR 236 IH

1 specific nutrients over an extended period of time

2 may be helpful in protecting against diseases or con3 ditions such as osteoporosis, cataracts, cancer, and

4 heart disease.

5 SEC. 2. AMENDMENT.

6 Section 3(g)(1) of the Food Stamp Act of 1977 (7

7 U.S.C. 2012(g)(1)) is amended by striking ‘‘or food prod8 uct’’ and inserting ‘‘food product, or nutritional supple9 ments of vitamins, minerals, or vitamins and minerals.’’

Æ
```

[Journal of the House of Representatives, 1995]
[Tuesday, August 1, 1995 (106), Para 106.14 Permission to File Report]
[Page 1235]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.106.14  permission to file report

  On motion of Mr. CLINGER, by unanimous consent, the Committee on 
Government Reform and Oversight was granted permission until midnight 
tonight to file reports on the bills (H.R. 1670) to revise and 
streamline the acquisition laws for the Federal Government, to 
reorganize the mechanisms for resolving Federal procurement disputes, 
and for other purposes; and (H.R. 2108) to permit the Washington 
Covention Center Authority to expend revenues for the operation and 
maintenance of the existing Washington Convention Center and for 
preconstruction activities relating to a new convention center in the 
District of Columbia, to permit a designated authority of the District 
of Columbia to borrow funds for the preconstruction activities relating 
to a sports arena in the District of Columbia and to permit certain 
revenues to be pledged as security for the borrowing of such funds, and 
for other purposes.
```
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-17-00752-CV

Erlinda RODRIGUEZ,

Appellant

v.

Johnny NEWMAN,

Appellee

From the 83rd Judicial District Court, Val Verde County, Texas

Trial Court No. 33215

Honorable Robert Cadena, Judge Presiding

BEFORE CHIEF JUSTICE MARION, JUSTICE ANGELINI, AND JUSTICE RIOS

In accordance with this court’s opinion of this date, this appeal is REINSTATED on the 

docket of this court. This cause is REVERSED AND REMANDED to the trial court for further 

proceedings. Costs of this appeal are taxed against the parties who incurred them.

SIGNED March 28, 2018.

_________________________________

Irene Rios, Justice
```

[Journal of the House of Representatives, 1995]
[Monday, October 30, 1995 (136), Para 136.21 Committees and Subcommittees to Sit]
[Page 1802]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.136.21  committees and subcommittees to sit

  On motion of Mr. CANADY, by unanimous consent, the following 
committees and their subcommittees were granted permission to sit during 
the 5-minute rule on Tuesday, October 31: the Committee on Commerce, the 
Committee on Economic and Educational Opportunities, the Committee on 
Government Reform and Oversight, the Committee on International 
Relations, the Committee on the Judiciary, the Committee on Resources, 
the Committee on Science, the Committee on Small Business, the Committee 
on Transportation and Infrastructure, and the Permanent Select Committee 
on Intelligence.
```