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

Appellate Division, Fourth Judicial Department

1106 

CA 16-00552 

PRESENT: WHALEN, P.J., CENTRA, LINDLEY, NEMOYER, AND TROUTMAN, JJ. 

 

M&T BANK, PLAINTIFF-RESPONDENT, 

V MEMORANDUM AND ORDER

RONALD R. BENJAMIN, ALSO KNOWN AS RONALD 

BENJAMIN, ALSO KNOWN AS RONALD R. BENJAMIN, ESQ., 

DEFENDANT-APPELLANT. 

(APPEAL NO. 2.) 

 

LAW OFFICE OF RONALD R. BENJAMIN, BINGHAMTON (MARY JANE MURPHY OF

COUNSEL), FOR DEFENDANT-APPELLANT. 

GETMAN & BIRYLA, LLP, BUFFALO (JOSEPH S. MONTAGNOLA OF COUNSEL), FOR

PLAINTIFF-RESPONDENT.

Appeal from a judgment of the Supreme Court, Erie County (John M.

Curran, J.), entered December 28, 2015. The judgment awarded

plaintiff money damages. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed without costs. 

Memorandum: In this action by plaintiff lender to collect debts

from defendant borrower, defendant appeals from a statement for

judgment entered in favor of plaintiff. Upon our review of the

judgment, we conclude that Supreme Court properly granted plaintiff’s

motion for summary judgment on the complaint and dismissal of

defendant’s counterclaim, and denied defendant’s cross motion for,

inter alia, leave to amend his answer and disclosure. We note with

respect to the cross motion that defendant failed to support the

request for leave to amend the answer with a copy of the “proposed

amended . . . pleading clearly showing the changes or additions to be

made” (CPLR 3025 [b]; see Barry v Niagara Frontier Tr. Sys., 38 AD2d

878, 878). We further note that, in opposition to the motion and in

support of that part of the cross motion seeking disclosure, defendant

did not demonstrate that “facts essential to justify opposition”

existed but could not then be stated because they were within the

exclusive knowledge and possession of plaintiff (CPLR 3212 [f]; see

HSBC Bank USA, N.A. v Prime, L.L.C., 125 AD3d 1307, 1308). 

With respect to the merits of plaintiff’s motion, we agree with

the court that the Term Note did not evidence a “home loan” within the

meaning of the statute inasmuch as the debt was not “incurred by the

borrower primarily for personal, family, or household purposes” (RPAPL
-2- 1106 

CA 16-00552 

1304 [5] [a] [ii]). In any event, as noted by the court, this is not

an action for foreclosure of a mortgage. Thus, the transaction is not

subject to the notice and the judicial conference requirements of

RPAPL 1304 and CPLR 3408 (a). Finally, we conclude that plaintiff

demonstrated its entitlement to judgment as a matter of law with

regard to defendant’s allegation that he was the victim of predatory

and deceptive lending practices by plaintiff, and defendant failed to

raise a triable issue of fact (see generally Zuckerman v City of New

York, 49 NY2d 557, 562).

Entered: December 23, 2016 Frances E. Cafarell

Clerk of the Court
No. 67148.

protests 59/29861, etc. (Galveston).

#### Transamerican Match Corporation *v.*United States,

Opinion by

Oliver, O.J.

In accordance with stipulation of counsel that the merchandise and issues are similar in all material respects to those involved in *Falcon Sales Company*and *J. J. Murphy & Co.*v. *United States*(47 Cust. Ct. 129, C.D. 2292), the claim of the plaintiff was sustained.
Exhibit 32.1

                     CERTIFICATION OF CEO AND CFO PURSUANT TO
                   SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Form 10-QSB of Bion Environmental Technologies, Inc.,
a company duly formed under the laws of Colorado (the "Company"), for the
quarter ended September 30, 2007, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), Mark A. Smith, President (Chief
Executive Officer) and Interim Chief Financial Officer (Principal Accounting
Officer) of the Company, hereby certifies, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of his knowledge, 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.



November 14, 2007                      /s/ Mark A. Smith
                                       Mark A. Smith
                                       Chief Executive Officer and
                                       Principal Financial Officer


This certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by
the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes
of Section 18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been
provided to Bion Environmental Technologies, Inc. and will be retained by
Bion Environmental Technologies, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
| 1.     | Such Annual Report on Form 10-K/A for the year ending December 31, 2010, 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 such Annual Report on Form 10-K/A for the year ending December 31, 2010, fairly presents, in all material respects, the financial condition and results of operations of Metha Energy Solutions Inc. |

|                 | Metha Energy Solutions Inc. |
|----------------------|-----------------------------|
|                 |                        |
| Date: April 15, 2011 | By:               | /s/ Jesper Toft |
|                 |                        | Jesper Toft |
|                 |                        | Chief Financial Officer, |
No. 57022.

protest 177967-K (New York).

#### Alfred Orlik, Inc. *v.*United States,

*317Opinion by

Mollison, J.

In accordance with stipulation of counsel that the merchandise consists of wooden boxes similar in all material respects to those the subject of *X-Acto Crescent Products Co., Inc.*v. *United States*(27 Cust. Ct. 190, C. D. 1368), the claim of the plaintiff was sustained.
#### The People of the State of New York, Respondent, v John Smith, Also Known as Anthony Romulus, Appellant.

[633 NYS2d 947]

—Judgment, Supreme Court, New York County (Howard Bell, J.), rendered on or about June 23, 1993, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted. *(See, Anders v California,*386 US 738; *People v Saunders,*52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no non-frivolous points which could be raised on this appeal.

Pursuant to CPL 460.20, defendant has the right to apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within thirty (30) days after service of a copy of this order, with notice of entry.

Denial of the application for permission to appeal by the Judge or Justice first applied to is final and no new application may thereafter be made to any other Judge or Justice. Concur—Sullivan, J. P., Rosenberger, Ross, Asch and Nardelli, JJ.
No. P67/316.

#### Aimcee Wholesale Corp. *v.*United States, protests 65/1268 and 65/2130 (New York).

Beckworth, J.

In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of synthetic rubber raincoats similar in all material respects to those the subject of *United States*v. *Weather-Rite Sportswear*Co., *Inc.*(52 CCPA 7, C.A.D. 848), the claim of the plaintiff was sustained.
[PROPOSED] ORDER AND STIPULATED DISMISSAL - 1 

Case No. CV06-5066 FDB

THE HONORABLE FRANKLIN D. BURGESS 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA 

GLOBAL DIVING & SALVAGE, INC., 

 Plaintiff, 

 v. 

F/V PREDATOR, INC., 

 Defendant. 

 IN ADMIRALTY 

Case No. CV06-5066 FDB 

[PROPOSED] ORDER AND 

STIPULATED DISMISSAL 

F/V PREDATOR, INC., 

 Third-Party Plaintiff, 

 v. 

COASTAL MARINE FUND, FEDERAL 

INSURANCE COMPANY THROUGH CHUBB

GROUP, and GREAT AMERICAN 

INSURANCE COMPANY OF NEW YORK, 

 Third-Party Defendants. 

 

NOTE FOR MOTION 

CALENDAR: June 27, 2006 

Plaintiff Global Diving & Salvage, Inc., and defendant F/V Predator, Inc., hereby 

stipulate and agree that all claims asserted by Global Diving & Salvage, Inc. can now be 

dismissed with prejudice, the parties having reached a settlement and agreement. 

This stipulated dismissal does not in any way alter the claims asserted by F/V 

Predator, Inc. against third-party defendants, who have not noted appearances in this 

Case 3:06-cv-05066-FDB Document 10 Filed 06/28/06 Page 1 of 2
[PROPOSED] ORDER AND STIPULATED DISMISSAL - 2 

Case No. CV06-5066 FDB

action. Accordingly, pursuant to Civil Rule 41(a)(1)(ii), this proposed order of dismissal 

can be entered without stipulation of third-party defendants. 

DATED: June 14, 2006 HOLMES WEDDLE & BARCOTT 

 /s/ 

Philip W. Sanford, WSBA #18593 

Attorney for Defendant 

DATED: June 13, 2006 BAUER MOYNIHAN & JOHNSON LLP 

 /s/ 

Thomas G. Johnson, WSBA #8929 

Attorney for Plaintiff 

ORDER 

IT IS SO ORDERED. All claims asserted by Global Diving & Salvage, Inc. 

against F/V Predator, Inc. are dismissed with prejudice and all parties to bear their own 

costs. 

DATED this 28th of June 2006. AFRANKLIN D. BURGESS 

UNITED STATES DISTRICT JUDGE 

Case 3:06-cv-05066-FDB Document 10 Filed 06/28/06 Page 2 of 2
No. 68178.

#### Hewlett Packard Co. and W. C. Anger & Co. et al. *v.*United States,

protests 62/15778, etc. (San Francisco).

Opinion by

Lawrence, J. In accordance with stipulation of counsel that the merchandise consists of meters, ammeters, testers, and multitesters similar in all material respects to those the subject of *United States*v. *G. L. Electronics, Inc., Arrow Sales, Inc.*(49 CCPA 111, C.A.D. 804), the claim of the plaintiffs was sustained.
| (1)   | the      annual Report on Form 10-K of Buyonate, Inc. for the year ended December      31, 2008 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 annual Report on Form 10-K for the year ended      December 31, 2008, fairly presents in all material respects, the financial      condition and results of operations of Buyonate,  Inc. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/Husni      Hassadiyeh                                                              |
|--------|---------------------------------------------------------------------------------------|
|   |                                                                                  |
| Name:  | Husni      Hassadiyeh                                                                 |
|   |                                                                                  |
| Title: | Principal      Executive Officer      and Director                                    |
|   |                                                                                  |
| Date:  | March      5, 209                                                                     |
|   |                                                                                  |
| By:    | /s/      Inbar Kuta                                                                   |
|   |                                                                                  |
| Name:  | Inbar      Kuta                                                                       |
|   |                                                                                  |
| Title: | Principal      Executive Officer, Principal Accounting Officer and      Director |
|   |                                                                                  |
| Date:  | March      5,2009                                                                     |
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ )

Application of )

)

PERFORMANCE AIR LTD. ) DOCKET OST

- 2009

- 0139

)

for an exemption from 49 U.S.C. § 41301 )

(Bahamas

- U.S. charters) )

__________________________________________)

APPLICATION OF PERFORMANCE AIR LTD.

FOR RENEWAL OR REISSUANCE OF AN EXEMPTION

Communications with respect to this document should be sent to:

John R. Mietus, Jr.

L aw Office of John Mietus, LLC

6701 Democracy Blvd., Suite 300

Bethesda, MD 20817

- 7500

(202) 747

- 5212

(240) 396

- 5362 fax

john@mietuslaw.com

Counsel for PERFORMANCE AIR LTD.

NOTICE: Any person may support or oppose this application by filing an answer

and serving a co py of the answer on counsel for Performance Air and upon

persons served with this application no later than January 2 , 2014.

December 17, 2013BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ )

Application of )

)

PERFORMANCE AIR LTD. ) DOCKET DOT

- OST

- 2009

- 0 1 39

) December 17, 2013

for an exemption from 49 U.S.C. § 41301 )

(Bahamas

- U.S. charters) )

__________________________________________)

APPLICATION OF PERFORMANCE AIR LTD.

FOR RENEWAL OR REISSUANCE OF AN EXEMPTION

Pursuant to 49 U.S.C. § 40109(c), Performance Air Ltd. (" Performance Air")

respectfully requests renewal or reissuance of the above

- captioned exemption, granted by

Notice of Action Taken dated November 15, 2012 (the “ Notice”), for a one

- year period.

The Notice permit ted Performance Air to engage in charter foreign air transportation of

persons, property, and mail between a point or points in the Bahamas and a point or

points in the United States , and other charters pursuant to 14 CFR Part 212 of the

Department’s regulations, using small aircraft. Performance Air inadvertently allowed its

exemption to expire , but it now is working toward the FAA authority necessary for it to

commence U.S. ope rations and therefore wishes to restore its DOT authority. In support

of this application, Performance Air states as follows:

1. Performance Air is a Bahamian flag carrier and intends to operate Bahamas

U.S. charter service under the above

- c aptioned charter authority. It remains licensed by

the Bahamian Department of Civil Aviation to perform charter air transportation, and

Bahamas

- U.S. charter operations remain governed by principles of comity and reciprocity

that support the Department’s continued grant of authority. See, e.g., Island Wings Limited,
Case No. 7,660.

#### KELLEY v. The PROSPERITY.

[The case reported under above title in Bee, 38, is published as a note to Case No. 15,331.]
No. 65237.

#### Frank P. Dow Co., Inc., and Unique Slide Rule Corp. et al. *v.*United States,

protests 59/31807, etc. (Los Angeles).

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the merchandise consists of acrylic plastic drawing instruments similar in all material respects to those the subject of Abstract 64292, the claim of the plaintiffs was sustained.
EXHIBIT 32

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Felipe A. Pati,  President,  Chief Executive  Officer and Director of Digital
Valleys Corp.  (the  "Company"),  hereby certify  pursuant to 18 U.S.C.  Section
1350,  as adopted  pursuant  to Section 906 of the  Sarbanes-Oxley  Act of 2002,
that, to the best of my knowledge:

     (a)  the  annual  report on Form 10-K of the  Company,  for the year  ended
          April 30, 2010, and to which this certification is attached as Exhibit
          32 (the  "Report")  fully  complies with the  requirements  of Section
          13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

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


By: /s/ Felipe A. Pati
   ---------------------------------------------------
Name:  Felipe A. Pati
Title: President Treasurer, Secretary, and Director
       (Principal Executive and Principal Financial
       and Accounting Officer)

Date: June 17, 2010

A signed  original  of this  written  statement  required  by Section 906 of the
Sarbanes-Oxley  Act of 2002  has been  provided  to the  Registrant  and will be
retained  by the  Registrant  and  furnished  to  the  Securities  and  Exchange
Commission or its staff upon request.

This certification  accompanies the Form 10-K to which it relates, 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
or the Securities Exchange Act of 1934 (whether made before or after the date of
this Form 10-K), irrespective of any general incorporation language contained in
such filing.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 777 Introduced in House (IH)]

110th CONGRESS
  1st Session
H. RES. 777

  Offering condolences regarding the tragic fire in Ocean Isle Beach, 
North Carolina, which killed six University of South Carolina students 
      and one student from Clemson University on October 28, 2007.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 30, 2007

Mr. Wilson of South Carolina (for himself, Mr. Brown of South Carolina, 
    Mr. Barrett of South Carolina, Mr. Clyburn, Mr. Inglis of South 
Carolina, Mr. Spratt, Ms. Moore of Wisconsin, Mr. Hayes, Ms. Bordallo, 
 Mr. Conaway, Mr. Aderholt, Mr. Bartlett of Maryland, Mr. Rothman, Mr. 
 Cohen, Mr. Lampson, Mr. Towns, Mr. McIntyre, Mr. Rogers of Michigan, 
 Mr. Johnson of Georgia, Mr. Issa, Mr. Barton of Texas, Mr. McCotter, 
 Mr. Akin, and Mr. Walberg) submitted the following resolution; which 
    was referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                               RESOLUTION

 
  Offering condolences regarding the tragic fire in Ocean Isle Beach, 
North Carolina, which killed six University of South Carolina students 
      and one student from Clemson University on October 28, 2007.

    Resolved, That the House of Representatives offers its heartfelt 
condolences to the victims and their families regarding the tragic fire 
on October 28, 2007, in Ocean Isle Beach, North Carolina, which killed 
six University of South Carolina students and one student from Clemson 
University, and to the students, faculty, administration and staff and 
their families who have been deeply affected by the tragic events that 
occurred there.
                                 <all>
```
`[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 56 Referred in House (RFH)]







105th CONGRESS
  1st Session
S. CON. RES. 56


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 23, 1997

              Referred to the Committee on House Oversight

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
   Authorizing the use of the rotunda of the Capitol for a ceremony 
honoring Leslie Townes (Bob) Hope by conferring upon him the status of 
     an honorary veteran of the Armed Forces of the United States.

    Resolved by the Senate (the House of Representatives concurring), 
That the rotunda of the Capitol is authorized to be used on October 29, 
1997, for a ceremony to honor Leslie Townes (Bob) Hope by conferring 
upon him the status of an honorary veteran of the Armed Forces of the 
United States. Physical preparations for the conduct of the ceremony 
shall be carried out in accordance with such conditions as may be 
prescribed by the Architect of the Capitol.

            Passed the Senate October 22, 1997.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.`
Exhibit
32.1




CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





Certification
of Chief Executive Officer





In
connection with the Annual Report of Moggle Inc. (the "Company") on Form 10-K
for the fiscal year  ended December 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Alfred
Villa, Chief Executive Officer certify, pursuant to 18 U.S.C. Section 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.




March 31,
      2010
              
              /s/
      Alfredo VillaAlfredo
      VillaChief
      Executive Officer








A signed
original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version of this written
statement 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. The foregoing certifications are accompanying the Company's
Form 10-K solely pursuant to section 906 of the Sarbanes-Oxley Act of 2002
(subsections (a) and (b) of section 1350, chapter 63 of title 18, United
States Code) and is not being filed as part of the Form 10-Q or as a separate
disclosure document.