alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Claim of Aida C. Valentin, Respondent. Waverly Central School District, Appellant; Commissioner of Labor, Respondent.

[721 NYS2d 162]

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 22, 1999, which ruled that claimant was entitled to receive unemployment insurance benefits.

Claimant, a per diem food service employee, worked for the employer from January 1990 to April 1998. She resigned from her position following the employer’s decision to reduce her hours from 5 to 3V2 per day because of budget restraints. Thereafter, she applied for and received unemployment insurance benefits. The employer challenged claimant’s receipt of benefits on the ground that she voluntarily left her employment without good cause. The Unemployment Insurance Appeal Board ruled that claimant was eligible to receive benefits inasmuch as the reduction of her wages constituted good cause for leaving her employment. The employer appeals.

We reverse. While we are mindful that the issue of whether an employee voluntarily left his or her employment without good cause is a factual one for resolution by the Board, there nevertheless must be substantial evidence in the record to support the Board’s decision *(see, Matter of Viruet [McKenzie, McGhee & Harper*— Sweeney], 245 AD2d 707, 708). Moreover, it is well established that a claimant’s dissatisfaction with a position’s hours or wages does not constitute good cause for resigning *(see, Matter of King [Sweeney],*243 AD2d 802; *Matter of Cudnik [Sweeney],*235 AD2d 888), unless there has been a substantial change in the terms or conditions of employment *(see, Matter of Robert [Sweeney],*239 AD2d 809). Based on our review of this record, we cannot say that there is substantial evidence to support the Board’s finding that claimant left her employment because of a reduction in her wages sufficient to constitute a substantial change in the terms of her employment. To the contrary, claimant testified that she never inquired of her employer as to what her wages would be following the reduction of her hours. Rather, she testified that it had been her intention to increase her hours from five to six per day so that she would be eligible to obtain “contract” employment as opposed to “per diem” employment. She indicated that when the employer reduced her hours she perceived that she would no longer be eligible to become a contract employee and resigned from employment. Accordingly, the Board’s decision must be reversed.

*667Cardona, P. J., Mercure, Crew III, Peters and Lahtinen, JJ., concur. Ordered that the decision is reversed, without costs, and claim dismissed.
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 23-0319

JANICE M. DODDS

 Plaintiff and Appellant,

v.

GREGORY S. TIERNEY, M.D., 

BENEFIS HEALTH SYSTEM, and, 

JOHN and JANE DOES I-IV,

 Defendants and Appellee.

)

)

)

)

)

)

)

)

)

)

)

)

ORDER GRANTING 

UNOPPOSED MOTION TO 

DISMISS APPEAL AS TO

BENEFIS HEALTH SYSTEM, 

INC.

Pursuant to the Unopposed Motion to Dismiss Appeal as to Benefis Health 

System, Inc. and for good cause appearing, IT IS HEREBY ORDERED that 

Defendant and Appellee, Benefis Health System, Inc., (“Benefis”), is dismissed

from the above referenced appeal with prejudice, with each side to bear their own 

costs and fees.

10/16/2023

Case Number: DA 23-0319
Unopposed Motion to Dismiss Appeal as to Benefis Health System, Inc. - 2

Accordingly, the appeal may proceed only with respect to Appellant’s claims 

against Appellee Gregory S. Tierney, M.D.

ELECTRONICALLY SIGNED AND DATED BELOW.

cc: Julie A. Lichte

John Seidlitz

Gary Kalkstein

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

October 16 2023
#### H. L. MILLS and Kathryn Mills, Appellants, v. DADE COUNTY, a political subdivision of the State of Florida, Appellee.

No. 66-930.

District Court of Appeal of Florida. Third District.

Jan. 30, 1968.

Watson & Watson, Miami, for appellants.

Thomas C. Britton, County Atty., and St. Julien P, Rosemond, Asst. County Atty., for appellee.

Before PEARSON, BARKDULL and HENDRY, JJ.

PER CURIAM.

The appellants, as plaintiffs, brought a complaint for declaratory decree, injunction and other relief alleging that a portion of a Dade County Zoning Resolution was invalid and severable from the remainder of the Resolution. The appellee did not file an answer but did file a motion for summary decree on the grounds that there was no genuine issue of material fact. Also set forth in the motion was the following, “ * * * and in support hereof the defendant will show inter alia, that the plaintiffs are equitably estopped to take this action. * * * ” An affidavit of the Director of the Dade County Building and Zoning Department was filed in support of the motion for summary decree.

The lower court entered a final summary decree in favor of appellee. On this appeal, appellants contend that estoppel is not applicable, and that the portion of the Resolution challenged is an unconstitutional delegation of legislative power. The ap-pellee contends that appellants are estopped from pursuing their remedy, and further, that there are sufficient legislative guidelines within the Resolution.

Although not raised by the appellants, we are presented with a difficult procedural problem. The appellee did not raise the affirmative defense of estoppel by an appropriate pleading, but rather, by a motion for summary decree supported by an affidavit. Therefore, we are presented with the question of whether an affirmative defense can be raised in a motion for summary decree. The recent case of Meigs v. Lear, Fla.App.1966, 191 So.2d 286, has clearly established the principle that a summary judgment proceeding cannot be used as a substitute for the parties pleadings, and, therefore, affirmative defenses may not be asserted in the motion for summary judgment. This rule was followed in Strahan Manufacturing Co. v. Pile, Fla. App.1967, 194 So.2d 277, where defendants’ motion for summary judgment based on estoppel was granted in the lower court without the affirmative defense being raised in any pleading. The summary judgment appealed was reversed and remanded. See also Mark Leach Health Furniture Company v. Thai, Fla.App. 1962, 143 So.2d 64.

*228Since it is possible that estoppel was the basis for the summary decree, and since this defense was not properly raised, we must reverse and remand for further proceedings. The appellee shall be given an opportunity to answer and raise proper defenses.

Reversed and remanded.
AMHN, Inc. 10-K
 
 
 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




In connection with the annual report of AMHN, Inc. (the “Company”) on Form 10-K for the year ended December 31, 2010 (the “Report”), I, Jeffrey D. Howes, Chief Executive Officer and Chief Financial Officer 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 result of operations of the Company.





/s/ Jeffrey D. HowesJeffrey D. Howes

Chief Executive Officer

Chief Financial Officer

April 15, 2011





A signed original of this certification has been provided to the Company and will be retained by the Company and furnished to the Commission or its staff upon request.
Exhibit 32.2

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 Quarterly Report of Dynamic Health Products, Inc. (the Company)
on Form 10-QSB for the three months ended September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Cani I. Shuman, Chief Financial Officer of the Company, 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/s/ Cani I. Shuman     
|Cani I. Shuman         
|Chief Financial Officer
|November 13, 2006
#### H. & H. SEWER SYSTEMS, INC. v. INSURANCE GUARANTY ASSOCIATION.

No. 60631.

Supreme Court of Louisiana.

Oct. 26, 1977.

In re: Insurance Guaranty Association, applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge, 349 So.2d 965.

Writ denied. Judgment not final.
<PAGE>

                                                                    EXHIBIT 23.2

                       CONSENT OF INDEPENDENT ACCOUNTANTS

         We hereby consent to the incorporation by reference in this
Registration Statement on Form S-8 of our report dated December 17, 1998, except
as to Note A for which the date is August 7, 2000, relating to the financial
statements and financial statement schedule of SatCon Technology Corporation,
which appears in SatCon Technology Corporation's Annual Report on Form 10-K/A
for the year ended September 30, 1999.

                                        /s/ PricewaterhouseCoopers LLP
                                        PricewaterhouseCoopers LLP

Boston, Massachusetts
August 14, 2000
[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Notices]
[Pages 41139-41140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17818]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 10507]


E.O. 13224 Designation of Qassim Abdullah Ali Ahmed, aka Qassim 
al-Muamen, aka Qassim Al Muamen, aka Qassim Abdullah Ali, aka Qassim 
Abdullah as a Specially Designated Global Terrorist

    Acting under the authority of and in accordance with section 1(b) 
of Executive Order 13224 of September 23, 2001, as amended by Executive 
Order 13268 of July 2, 2002, and Executive Order 13284 of January 23, 
2003, I hereby determine that the person known as Qassim Abdullah Ali 
Ahmed, aka Qassim al-Muamen, aka Qassim Al Muamen, aka Qassim Abdullah 
Ali, aka Qassim Abdullah, committed, or poses a significant risk of 
committing, acts of terrorism that threaten the security of U.S. 
nationals or the national security, foreign policy, or economy of the 
United States. Consistent with the determination in section 10 of 
Executive Order 13224 that prior notice to persons determined to be 
subject to the Order

[[Page 41140]]

who might have a constitutional presence in the United States would 
render ineffectual the blocking and other measures authorized in the 
Order because of the ability to transfer funds instantaneously, I 
determine that no prior notice needs to be provided to any person 
subject to this determination who might have a constitutional presence 
in the United States, because to do so would render ineffectual the 
measures authorized in the Order.
    This notice shall be published in the Federal Register.

    Dated: July 18, 2018.
Michael R. Pompeo,
Secretary of State.
[FR Doc. 2018-17818 Filed 8-16-18; 8:45 am]
 BILLING CODE 4710-AD-P
# C_2013039EN.01002501.xml

| 12.2.2013 | EN | Official Journal of the European Union | C 39/25 |
| --- | --- | --- | --- |

12.2.2013

EN

Official Journal of the European Union

C 39/25

---

Euro exchange rates (1)

1

11 February 2013

2013/C 39/02

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3391 |
| JPY | Japanese yen | 125,12 |
| DKK | Danish krone | 7,4617 |
| GBP | Pound sterling | 0,85350 |
| SEK | Swedish krona | 8,5754 |
| CHF | Swiss franc | 1,2294 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,3795 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,240 |
| HUF | Hungarian forint | 291,72 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6995 |
| PLN | Polish zloty | 4,1537 |
| RON | Romanian leu | 4,4003 |
| TRY | Turkish lira | 2,3744 |
| AUD | Australian dollar | 1,3029 |
| CAD | Canadian dollar | 1,3494 |
| HKD | Hong Kong dollar | 10,3847 |
| NZD | New Zealand dollar | 1,6081 |
| SGD | Singapore dollar | 1,6599 |
| KRW | South Korean won | 1 464,81 |
| ZAR | South African rand | 11,9345 |
| CNY | Chinese yuan renminbi | 8,3458 |
| HRK | Croatian kuna | 7,5765 |
| IDR | Indonesian rupiah | 12 869,99 |
| MYR | Malaysian ringgit | 4,1492 |
| PHP | Philippine peso | 54,535 |
| RUB | Russian rouble | 40,4000 |
| THB | Thai baht | 39,972 |
| BRL | Brazilian real | 2,6429 |
| MXN | Mexican peso | 17,0970 |
| INR | Indian rupee | 72,1170 |

Currency

Exchange rate

USD

US dollar

1,3391

JPY

Japanese yen

125,12

DKK

Danish krone

7,4617

GBP

Pound sterling

0,85350

SEK

Swedish krona

8,5754

CHF

Swiss franc

1,2294

ISK

Iceland króna

NOK

Norwegian krone

7,3795

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,240

HUF

Hungarian forint

291,72

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6995

PLN

Polish zloty

4,1537

RON

Romanian leu

4,4003

TRY

Turkish lira

2,3744

AUD

Australian dollar

1,3029

CAD

Canadian dollar

1,3494

HKD

Hong Kong dollar

10,3847

NZD

New Zealand dollar

1,6081

SGD

Singapore dollar

1,6599

KRW

South Korean won

1 464,81

ZAR

South African rand

11,9345

CNY

Chinese yuan renminbi

8,3458

HRK

Croatian kuna

7,5765

IDR

Indonesian rupiah

12 869,99

MYR

Malaysian ringgit

4,1492

PHP

Philippine peso

54,535

RUB

Russian rouble

40,4000

THB

Thai baht

39,972

BRL

Brazilian real

2,6429

MXN

Mexican peso

17,0970

INR

Indian rupee

72,1170

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
#### In the Matter of Cathedral Arms, Inc., Petitioner, against Joseph D. McGoldrick, as State Rent Administrator, Respondent. 

Supreme Court, Special Term, New York County,

March 24, 1953.

*Freedman $ Lilienthal*for petitioner.

*Robert H. Schaffer*and Z. *Walton Bader*for respondent.

Eder, J.

This is a proceeding under article 78 of the Civil Practice Act to review and annul certain orders of the Temporary State Housing Bent Commission, referred to in the petition, which denied a certificate of eviction to the petitioner and to direct the respondent State Bent Administrator to issue a certificate of eviction.

The building in question comes within the provisions of section 83 of the Multiple Dwelling Law, which requires: “ Whenever there are thirteen or more families occupying any multiple dwelling and the owner does not reside therein, there shall be a janitor, housekeeper or some other person responsible on behalf of the owner who shall reside in and have charge of such dwelling ”.

Pursuant to the above enactment petitioner must employ a resident overseer who shall be in charge of the building. This is not in dispute. Accordingly, the petitioner sought a certificate of eviction under section 54 of the Bent and Eviction Begulations. Occupancy of the tenant’s apartment was sought for a resident superintendent. The certificate was denied, it being the policy of the respondent administrator not to issue a certificate of eviction unless it is shown that an actual violation has been placed against the building by the department of *626housing and buildings of the City of New York, which has jurisdiction of the enforcement of the provisions of said section 83 of the Multiple Dwelling Law.

In other words, until said city department actually files a violation against the building for failure to comply with said section 83, it follows that there is no need for a certificate of eviction.

There is no merit to this position. The manifest duty of the landlord, and it is an imperative and mandatory one, is that he must comply with the statute, and failure to do so is a violation thereof, per se, and it is stated may subject the landlord to criminal prosecution.

The petitioner is thus placed in the hazardous position of being obliged to wait the attitude or action of the said city department charging it with failure to comply with the statute before being held to be entitled to a certificate of eviction; that by the filing of a violation against the building then and only then has the landlord established an immediate and compelling necessity for the apartment desired for occupancy by a resident superintendent.

It is an erroneous and impossible view, both from a logical and legal standpoint and cannot be accepted.

The petitioner desires to comply with the statute, now, and is under no duty to wait until a violation has been filed against the building and it is subject to criminal prosecution. .

The determination of the respondent and the orders complained of are annulled and respondent is directed to issue a certificate of eviction as prayed for.

Settle order.
Exhibit
32


CERTIFICATIONS








Certification
of CEO and CFO Pursuant to18 U.S.C. Section 1350








The
undersigned, Bernhard Steiner and Ann B. Ruple, in their capacities as Chief
Executive Officer and Chief Financial Officer, respectively, of Clean Diesel
Technologies, Inc. (the “Registrant”) do each hereby certify with respect to the
Quarterly Report on Form 10-Q of the Registrant for the period ended March 31,
2008, as filed with the Securities and Exchange Commission on the date hereof
(the “Report”), that, to the best of his or her knowledge:





(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 Registrant as of, and
for, the periods presented in this Report.








/s/  Bernhard
    SteinerBernhard
      SteinerPresident,
      Chief Executive Officer and DirectorMay
      12, 2008/s/  Ann B. RupleAnn
      B. RupleChief
      Financial Officer, Vice President and TreasurerMay
      12, 2008





Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (the “Act”), this certification
accompanies the Report and shall not, except to the extent required by the Act,
be deemed filed by Registrant 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, or other document
authenticating, acknowledging or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, has been provided to Clean Diesel Technologies, Inc. and will be
retained by Clean Diesel Technologies, Inc. and will be furnished to the
Securities and Exchange Commission or its staff upon request.






-24-
0

10

20

30

40

50

60

70

80

90

100

Less than HS High School Some College At least 

Bachelor's 

Degree

Percent

Educational Attainment

Percent of Women Ever Having a Birth by 

Age Group

Women Age 25-34

Women Age 35-44

Source: 2000 CPS for ages 25-34 and 2010 CPS for ages 35-44

0

500

1000

1500

2000

2500

3000

Less than HS High School Some 

College

At least 

Bachelor's 

Degree

Number of Children Ever Born per 1,000 Women

Educational Attainment

Children Ever Born per 1,000 Women By 

Age Group

Women Age 25-34

Women Age 35-44

Source: 2000 CPS for ages 25-34 and 2010 CPS for ages 35-44
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#### Wilson *v.*California.

Sup. Ct. Cal. Certio-rari denied.
EXHIBIT 23.1



                          CONSENT OF ERNST & YOUNG LLP
                    INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS





We consent to the incorporation by reference in the Registration Statements
(Forms S-3 No. 33-78296, 33-84554, and 33-11765) of Hydron Technologies, Inc.
and in the related Prospectus of our report dated March 5, 1999, with respect to
the financial statements of Hydron Technologies, Inc. included in this Annual
Report (Form 10-K) for the year ended December 31, 1998.

/s/ Ernst & Young LLP

West Palm Beach, Florida
March 26, 1999