alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[723 NYS2d 778]

#### In the Matter of David Isaac Berlowitz, an Attorney, Respondent. Grievance Committee of the Seventh Judicial District, Petitioner.

Fourth Department,

March 21, 2001

APPEARANCES OF COUNSEL

*Daniel A. Drake,*Rochester, for petitioner.

*David Isaac Berlowitz,*Rochester, respondent *pro se.*

OPINION OF THE COURT

Per Curiam.

Respondent was admitted to the practice of law by this Court on April 5, 1967, and maintained an office for the practice of *66law in Rochester. The Grievance Committee filed a petition charging respondent with acts of professional misconduct arising from his use and maintenance of his attorney trust account. Respondent filed an answer denying material allegations of the petition, and a Referee was appointed to conduct a hearing. The Referee filed a report, which the Grievance Committee moves to confirm.

The Referee found that respondent issued from his attorney trust account 22 checks that were dishonored for insufficient funds; that he allowed legal fees to accumulate in his trust account and withdrew the fees by issuing checks drawn on the trust account that were payable to cash; that the balance in the trust account was consistently less than the amount of his clients’ interests; and that he failed to keep required records.

We confirm the findings of fact made by the Referee and conclude that respondent violated the following Disciplinary Rules of the Code of Professional Responsibility:

DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7]) — engaging in conduct that adversely reflects on his fitness as a lawyer;

DR 9-102 (a) (22 NYCRR 1200.46 [a]) — misappropriating funds and commingling clients’ funds with personal funds;

DR 9-102 (b) (1) (22 NYCRR 1200.46 [b] [1]) — failing to maintain clients’ funds in a special account separate from his business or personal accounts;

DR 9-102 (c) (3) (22 NYCRR 1200.46 [c] [3]) — failing to maintain complete records of all funds, securities and other properties of a client or third person coming into his possession and render appropriate accounts to the client or third person regarding them; and

DR 9-102 (d) (1) (22 NYCRR 1200.46 [d] [1]) — failing to maintain required records of bank accounts.

We have considered the matters in mitigation, including respondent’s previously unblemished record and the fact that no client suffered a monetary loss as a result of respondent’s misconduct. Accordingly, after consideration of all of the factors in this matter, we conclude that respondent should be suspended for two years and until further order of the Court *(see, Matter of Morrison,*279 AD2d 246; *Matter of Bennett,*265 AD2d 33).

Green, J. P., Pine, Hayes, Scudder and Burns, JJ., concur.

Order of suspension entered.
<PAGE>   1
Exhibit A

With respect to the unaudited consolidated financial information for Pharmacia &
Upjohn, Inc., for each of the three-month and nine-month periods ended September
30, 1999 and 1998, PricewaterhouseCoopers LLP reported that they have applied
limited procedures in accordance with professional standards for a review of
such information. However, their separate report dated October 26, 1999
appearing below, states that they did not audit and they do not express an
opinion on that unaudited consolidated financial information. Accordingly, the
degree of reliance on their report on such information should be restricted in
light of the limited nature of the review procedures applied.
PricewaterhouseCoopers LLP is not subject to the liability provisions of Section
11 of the Securities Act of 1933 for their report on the unaudited consolidated
financial information because that report is not a "report" or "part" of the
registration statement prepared or certified by PricewaterhouseCoopers LLP
within the meaning of Sections 7 and 11 of the Act.


                         INDEPENDENT ACCOUNTANT'S REPORT

To the Shareholders and Board of Directors of Pharmacia & Upjohn, Inc.

We have reviewed the condensed consolidated balance sheets of Pharmacia &
Upjohn, Inc., and its subsidiaries (the "Company") as of September 30, 1999, and
December 31, 1998 and the related consolidated statements of earnings and
condensed consolidated statements of cash flows for each of the three-month and
nine-month periods ended September 30, 1999 and 1998. These financial statements
are the responsibility of the Company's management.

We conducted our review in accordance with standards established by the American
Institute of Certified Public Accountants. A review of interim financial
information consists principally of applying analytical procedures to financial
data and making inquiries of persons responsible for financial and accounting
matters. It is substantially less in scope than an audit conducted in accordance
with generally accepted auditing standards, the objective of which is the
expression of an opinion regarding the financial statements taken as a whole.
Accordingly, we do not express such an opinion.

Based on our review, we are not aware of any material modifications that should
be made to the accompanying financial statements for them to be in conformity
with generally accepted accounting principles.


PricewaterhouseCoopers LLP

Florham Park, New Jersey
October 26, 1999


                                       25
#### J. P. YOUNG, Sr., Petitioner, v. Christine M. HARMAN, etc., et al., Respondents.

No. 43673.

Supreme Court of Florida.

June 7, 1973.

Certiorari denied. 275 So.2d 71.

CARLTON, C. J., and ROBERTS, ERVIN, ADKINS and BOYD, JJ, concur.
Exhibit






AMENDMENT TO THE 
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
This Amendment (this “Amendment”) is made and entered into as of August 8, 2016, by and between Astoria Bank, a federal savings association (the “Bank”) and wholly owned subsidiary of Astoria Financial Corporation, a Delaware corporation (the “Company”), and Hugh J. Donlon (the “Executive”).
WHEREAS, the Bank and the Executive have entered into that certain Amended and Restated Employment Agreement, dated as of October 16, 2014 (the “Employment Agreement”);
WHEREAS, the Company has entered into that certain Agreement and Plan of Merger, dated as of October 28, 2015 (the “Merger Agreement”), with New York Community Bancorp, Inc., a Delaware corporation (“Parent”), pursuant to which, at the Effective Time (as defined in the Merger Agreement), the Company will merge with and into Parent, with the Parent surviving (the “Merger”);
WHEREAS, in connection with the Merger, the Bank and the Executive desire to amend the Employment Agreement as set forth herein; and
WHEREAS, Section 5.2 of the Company Disclosure Schedule (as defined in the Merger Agreement) permits the adoption of this Amendment.
NOW, THEREFORE, pursuant to Section 24 of the Employment Agreement, the Employment Agreement is hereby amended as follows, effective as of immediately prior to the Effective Time (as defined in the Merger Agreement):
		
	1.
	A new Section 11(c) is hereby added as follows:


(c)    From and after a Change of Control, whether or not the Executive’s employment terminates, at the Executive’s election, the Executive shall be entitled to purchase the automobile provided by the Bank that the Executive is using (or has ordered) as of October 28, 2015 at book value as reflected in the Company’s books, plus any sales tax and registration fees.
		
	2.
	Except as expressly amended by this Amendment, all terms and conditions of the Employment Agreement shall remain in full force and effect.  This Amendment shall be governed by and construed and enforced in accordance with the laws of the State of New York applicable to contracts entered into and to be performed entirely within the State of New York.  This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument.  If the Merger Agreement is terminated by the parties thereto without the consummation of the transactions contemplated thereby, this Amendment shall be null and void ab initio. 




W/2622864







[Signature Page Follows]




2










IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above.


ATTEST:                    ASTORIA BANK






/s/    Alan P. Eggleston            By:    /s/    Monte N. Redman        
Name:    Alan P. Eggleston                   Name:    Monte N. Redman
Title:    Senior Executive Vice President,           Title:    President & Chief Executive Officer
Chief Risk Officer & 
Assistant Secretary






/s/    Hugh J. Donlon        
Hugh J. Donlon








[Signature Page to A&R Employment Agreement Amendment]
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              An official website of the United States government Skip to main content   end of header Census.gov Newsroom Releases 2010 Census
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  https://www.census.gov/rdo http://2010.census.gov/news/press-kits/redistricting.html Please visit http://2010.census.gov/2010census/data/ for an interactive map showcasing county-level population change from 1960 to 2010, as well as state-level data on race and Hispanic or Latino origin for 2010. The widget will be updated as states are released and can be embedded on your website. Follow us on Twitter, Facebook, Flickr and YouTube (/uscensusbureau).
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[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Notices]
[Pages 40072-40073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17343]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Environmental Health Sciences; Notice of 
Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Environmental Health Sciences Review 
Committee; Environmental Health Sciences Core Centers P30 Clinical 
Trial Optional.
    Date: August 21-22, 2018.

[[Page 40073]]

    Time: 8:30 a.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Sheraton Imperial Hotel Raleigh-Durham, 4700 Emperor 
Boulevard, Durham, NC 27709.
    Contact Person: Linda K. Bass, Ph.D., Scientific Review Officer, 
Scientific Review Branch, Division of Extramural Research and 
Training, National Institute of Environmental Health Sciences 
Research, Triangle Park, NC 27709, 919-541-1307, <a href="/cdn-cgi/l/email-protection#ddbfbcaeae9db3b4b8b5aef3b3b4b5f3bab2ab"><span class="__cf_email__" data-cfemail="5537342626153b3c303d267b3b3c3d7b323a23">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.115, 
Biometry and Risk Estimation--Health Risks from Environmental 
Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety 
Training; 93.143, NIEHS Superfund Hazardous Substances--Basic 
Research and Education; 93.894, Resources and Manpower Development 
in the Environmental Health Sciences; 93.113, Biological Response to 
Environmental Health Hazards; 93.114, Applied Toxicological Research 
and Testing, National Institutes of Health, HHS)

    Dated: August 7, 2018.
Natasha M. Copeland,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2018-17343 Filed 8-10-18; 8:45 am]
 BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### TILLIE LEWIS FOODS, INC. v. C. A. McLAIN.

No. 49886.

Supreme Court of Mississippi.

Jan. 18, 1978.

Thompson, Alexander & Crews, James A. Alexander, Jr., Jackson, for appellant.

E. Howard Eaton, R. Charles Shultz, Tay-lorsville, for appellee.

Appeal from Circuit Court, Smith County; George B. Grubbs, Judge.

Before PATTERSON, C. J., and BROOM and LEE, JJ.

AFFIRMED.
Exhibit 32.1



SECTION 1350 CERTIFICATION



I, Paul R. Arena, Chairman of the Board and Chief Executive Officer of i2 Telecom International, Inc. (the Company), do hereby certify in accordance with 18
U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



| | 1. | The Quarterly Report on Form 10-QSB of the Company for the period ended March 31, 2005 (the Periodic 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 78o(d)); and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



Dated: May 16, 2005



/s/ Paul R. ArenaPaul R. Arena,Chairman of the Board andChief Executive Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-28-1997
<CASH>                                          18,974
<SECURITIES>                                         0
<RECEIVABLES>                                   38,026
<ALLOWANCES>                                       911
<INVENTORY>                                     27,931
<CURRENT-ASSETS>                                89,204
<PP&E>                                          38,371
<DEPRECIATION>                                  25,956
<TOTAL-ASSETS>                                 102,673
<CURRENT-LIABILITIES>                           25,768
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           124
<OTHER-SE>                                      73,074
<TOTAL-LIABILITY-AND-EQUITY>                   102,673
<SALES>                                         80,431
<TOTAL-REVENUES>                                80,431
<CGS>                                           42,540
<TOTAL-COSTS>                                   42,540
<OTHER-EXPENSES>                                31,354
<LOSS-PROVISION>                                    44
<INTEREST-EXPENSE>                               (263)
<INCOME-PRETAX>                                  6,701
<INCOME-TAX>                                     2,345
<INCOME-CONTINUING>                              4,356
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,356
<EPS-PRIMARY>                                      .20
<EPS-DILUTED>                                      .20
        

</TABLE>
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 15, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-30354

Summary Calendar

 

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

WILBERT WILSON

Defendant - Appellant

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

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 99-CR-50082-2 

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

Before KING, Chief Judge, and EMILIO M. GARZA and BENAVIDES,

Circuit Judges.

PER CURIAM:*

Wilbert Wilson appeals the district court’s order denying

his motion to compel the Government to perform on an alleged

agreement. Wilson argues that the district court has authority

to review the Government’s refusal to move for a downward

departure and that the district court should have conducted a

hearing prior to denying him relief. He argues that the

Government has acted in bad faith and has breached a cooperation

agreement. He asserts that the jurisdictional basis for his
No. 03-30354

-2-

motion is FED. R. CRIM. P. 35(b). Wilson’s motion cannot arise

under FED. R. CRIM. P. 35(b) because the motion was not filed by

the Government.

Wilson has appealed from the denial of a meaningless,

unauthorized motion. Accordingly, the district court’s denial of

Wilson’s motion is AFFIRMED because the district court lacked

jurisdiction to entertain the motion.

AFFIRMED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               SEP-30-1997
<CASH>                                             250
<SECURITIES>                                        30
<RECEIVABLES>                                      455
<ALLOWANCES>                                        50
<INVENTORY>                                      1,023
<CURRENT-ASSETS>                                 1,770
<PP&E>                                           5,311
<DEPRECIATION>                                   4,721
<TOTAL-ASSETS>                                   2,360
<CURRENT-LIABILITIES>                            1,760
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             5
<OTHER-SE>                                        (68)
<TOTAL-LIABILITY-AND-EQUITY>                     2,360
<SALES>                                          4,739
<TOTAL-REVENUES>                                 4,739
<CGS>                                            2,955
<TOTAL-COSTS>                                    2,955
<OTHER-EXPENSES>                                 3,074
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (1,290)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,290)
<EPS-PRIMARY>                                   (3.04)
<EPS-DILUTED>                                   (3.04)
        

</TABLE>
-82 -80 -78 -76 -74

 36

 38

 40

 42

★

▲ ▲

▲

▲

★ ▲ ▲ ▲

▲

 1000

 1500

 2000

 1000

18 12 06 00

08/25

NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 25 Aug 07

 EDAS Meteorological Data

Source

★ at 39.41 N 76.30 W Meters AGL
INDEPENDENT AUDITOR'S CONSENT





Board of Directors
Crompton & Knowles Corporation


We consent to incorporation by reference in the Registration Statements (No.'s
33-21246, 33-42280 and 33-67600) on Form S-8 of Crompton & Knowles Corporation
of our reports dated January 24, 1996, relating to the consolidated balance
sheets of Crompton & Knowles Corporation and subsidiaries as of December 30,
1995 and December 31, 1994, and the related consolidated statements of
earnings, stockholders' equity and cash flows and the related schedule for
each of the fiscal years in the three-year period ended December 30, 1995,
which reports appear or are incorporated by reference in the December 30, 1995
Annual Report on Form 10-K of Crompton & Knowles Corporation.  We also consent
to incorporation by reference in the Registration Statement (No. 33-21246) on
Form S-8 of Crompton & Knowles Corporation of our report dated March 15, 1996
relating to the statements of financial condition of Crompton & Knowles
Corporation Employee Stock Ownership Plan as of December 31, 1995 and 1994,
and the related statements of income and changes in plan equity for each of
the years in the three-year period ended December 31, 1995, as included in
Exhibit 29 of said Form 10-K.


                                                                               
                                                /s/ KPMG Peat Marwick LLP




Stamford, Connecticut
March 28, 1996
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              An official website of the United States government Skip to main content   end of header Census.gov Newsroom Releases American Community Survey (ACS)
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#### Charles TOWNS, Jr., Appellant, v. STATE of Florida, Appellee.

No. 72-532.

District Court of Appeal of Florida, Second District.

Jan. 31, 1973.

PER CURIAM.

Affirmed.