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#### Joseph Merendino et al., Appellants, v Thomas F. Lloyd et al., Respondents.

In an action, *inter alia,*to recover damages for legal malpractice and fraud, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Williams, J.), dated July 7, 1989, as granted the defendants’ cross motion to change the *595venue of the action from Kings County to Richmond County and referred the plaintiffs’ motion for consolidation of the action with two related actions pending in the Supreme Court, Richmond County, to that court.

Ordered that the order is reversed insofar as appealed from, on the law, and the motion and cross motion are denied; and it is further,

Ordered that the appellants are awarded one bill of costs.

The basis of venue herein being the county of residence of the plaintiff Joseph Merendino at the time of commencement of the action, we find that venue was properly placed in Kings County in the first instance *(see,*CPLR 503 [a]; *cf., Torriero v Austin Truck Rental,*143 AD2d 595, 596). Since the burden was on the party alleging improper venue, it was incumbent upon the defendants to produce evidence to establish that the plaintiffs residence was not in Kings County. This they failed to do. Hence, the defendants were not entitled to a change of venue as a matter of right *(see,*CPLR 510 [1]). Mangano, P. J., Brown, Harwood and Miller, JJ., concur.
I

103D CONGRESS

1ST SESSION H. R. 415

To amend the Internal Revenue Code of 1986 to repeal the excise taxes

on luxury items.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. STUMP introduced the following bill; which was referred to the Committee

on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to repeal

the excise taxes on luxury items.

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

3 SECTION 1. REPEAL OF LUXURY EXCISE TAXES.

4 (a) IN GENERAL.—Subchapter A of chapter 31 of the

5 Internal Revenue Code of 1986 (relating to certain luxury

6 items) is hereby repealed.

7 (b) TECHNICAL AMENDMENTS.—

8 (1) The material preceding paragraph (1) of

9 section 4221(a) of such Code is amended by striking

10 ‘‘subchapter A or C’’ and inserting ‘‘subchapter C’’.
2

•HR 415 IH

1 (2) Subsection (a) of section 4221 of such Code

2 is amended by striking the last sentence.

3 (3) Subsection (c) of section 4221 of such Code

4 is amended by striking ‘‘section 4001(c), 4002(b),

5 4003(c) 4004(a), or 4053(a)(6)’’ and inserting ‘‘sec6 tion 4053(a)(6)’’.

7 (4) Paragraph (1) of section 4221(d) of such

8 Code is amended by striking ‘‘subchapter A or C’’

9 and inserting ‘‘subchapter C’’.

10 (5) Subsection (d) of section 4222 of such Code

11 is amended by striking ‘‘section 4001(c), 4002(b),

12 4003(c) 4004(a), 4053(a)(6)’’ and inserting ‘‘section

13 4053(a)(6)’’.

14 (6) Section 4293 of such Code is amended by

15 striking ‘‘subchapter A of chapter 31,’’.

16 (7) The table of subchapters for chapter 31 of

17 such Code is amended by striking the item relating

18 to subchapter A.

19 (c) EFFECTIVE DATE.—The amendments made by

20 this section shall take effect on the date of the enactment

21 of this Act.

Æ
----

COMMUNICATION FROM THE COMMISSION PURSUANT TO ARTICLE 4(1)(a) OF COUNCIL REGULATION (EEC) No 2408/92

Revision by Ireland of public service obligation in respect of scheduled air services between Kerry and Dublin

(2005/C 39/05)

(Text with EEA relevance)

2.   The public service obligation is as follows:

2.1.   Minimum frequency and seating capacity:

The above requirements apply throughout each year.

2.2.   Type of aircraft used:

2.3   Timetables:

On weekdays, Monday to Friday, the flight schedules must include an early morning flight from Kerry to Dublin and a late evening flight from Dublin to Kerry to enable passengers, including passengers on business trips, to make a round trip within the day. This requirement applies throughout each year

2.4   Fares:

2.5   Marketing of flights

Flights must be marketed using at least one computerised reservations system. The carrier will be required to distribute fares for PSO services through one of the major travel Global Distribution Systems or through an internationally recognised internet based reservation system, or a major travel site.

2.6   Continuity and Reliability of services:

----
#### Nicholas MORLEY v. Liza MORLEY (2 cases).

Nos. 39213, 39214.

Supreme Court of Florida.

March 1970.

Certiorari denied without opinion. 227 So.2d 526.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 383 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 383

To amend the Anti-Drug Abuse Act of 1988 to eliminate the discretion of 
  the court in connection with the denial of certain Federal benefits 
               upon conviction of certain drug offenses.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

 Mr. Solomon introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend the Anti-Drug Abuse Act of 1988 to eliminate the discretion of 
  the court in connection with the denial of certain Federal benefits 
               upon conviction of certain drug offenses.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 5301 of 
the Anti-Drug Abuse Act of 1988 is amended--
            (1) in subsection (a)--
                    (A) by striking ``at the discretion of the court,'' 
                each place it appears;
                    (B) by striking ``any or'' each place it appears; 
                and
                    (C) by striking ``up to'' each place it appears; 
                and
            (2) in subsection (b)--
                    (A) in paragraph (1)(A), by striking ``and at the 
                discretion of the court--'' and all that follows 
                through clause (iv) of such paragraph, and inserting 
                ``be ineligible for any Federal benefits for one 
                year;'';
                    (B) in paragraph (1)(B)--
                            (i) by striking ``up to''; and
                            (ii) by striking ``as determined by the 
                        court''; and
                    (C) by striking ``The court shall continue'' and 
                all that follows through ``under clause (i).''.

                                 <all>
```
#### The People of the State of the State of New York, Respondent, v Jonathan Erickson, Appellant.

Judgment unanimously affirmed. Memorandum: The sentence imposed was not harsh and excessive. Defendant’s alleged inability to pay the restitution imposed by the court may be raised by him in an application made to the sentencing court for resentencing pursuant to CPL 420.10 (5). (Appeal from Judgment of *1071Steuben County Court, Harvey, J.—Forgery, 2nd Degree.) Present—Dillon, P. J., Doerr, Balio, Lawton and Davis, JJ.
Exhibit 32.1





Section 1350 Certification





In connection with the Quarterly Report on Form 10-Q of American Housing REIT Inc. (the "Company") for the quarter ended December 31, 2013 as filed with the Securities and Exchange Commission (the "Report"), the undersigned Conn Flanigan, Principal Executive Officer and Chief Financial Officer of the Company, certifies, 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:





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.




Date: May 15, 2014

/s/ Conn FlaniganConn FlaniganPrincipal Executive Officer and Chief Financial Officer


This certification accompanies this Annual Report on Form 10-K pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
**EXHIBIT 15.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

The Board of Directors 

Comtech Group, Inc.: 

We consent to the incorporation by reference in theregistration statement (No. 333-125696) on Form S-8 of Comtech Group, Inc. of our reports dated March 16, 2007, with respect to the consolidated balance sheet of Comtech Group, Inc. and its subsidiaries as of December 31, 2006, and therelated consolidated statements of earnings, stockholders’ equity and comprehensive income, and cash flows for the year ended December 31, 2006, management’s assessment of the effectiveness of internal control over financial reportingas of December 31, 2006 and the effectiveness of internal control over financial reporting as of December 31, 2006, which reports appear in the December 31, 2006 annual report on Form 10-K of Comtech Group, Inc. and to the referenceto our firm under the heading “Selected Financial Data” in the annual report. 

Our report dated March 16, 2007, on management’sassessment of the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial reporting as of December 31, 2006, contains an explanatory paragraph which states that the Company acquiredViewtran Cayman (the “Acquired Company”) on December 15, 2006, and management excluded from its assessment of the effectiveness of its internal control over financial reporting as of December 31, 2006 the Acquired Company’sinternal control over financial reporting associated with total assets representing approximately 7% of total consolidated assets and less than 1% of consolidated net sales of the Company as of and for the year ended December 31, 2006. Ouraudit of internal control over financial reporting of the Company excluded an evaluation of the internal control over financial reporting of the Acquired Company. 

**KPMG**

Hong Kong, China 

March 16, 2007
# ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA DA 19-0110
RICK WEMPLE,individually and as the assumed business name RICK WEMPLE OUTFITTING, d/b/a RICK WEMPLE'S SCHOOL OF GUIDING AND OUTFITTING;RICK WEMPLE BOOKING AGENCY,INC.; and RICK WEMPLE OUTFITTING,INC.,

Plaintiffand Appellee,
v. BEAU BURCH-LUCICH;DANIELLE HENRY, a/k/a DANIELLE BURCH-LUCICH;and MT HUNTING OUTFITTER,INC.,

Defendants and Appellants. 

# r" 7 i) AUG 1 0 2020 Bovven Cif eenwooci Clerk of Suprerne Court State c)f Montana ORDER

This appeal has been pending since February 2019 and has never been briefed. On May 30, 2019, cOunsel for Appellants moved unopposed for a stay of the proceedings, stating that the parties were finalizing a settlement. On May 31,2019,this Court stayed this appeal pending settlement. Nothing further has been filed. IT IS ORDERED that, within thirty days of the date of this Order, counsel for the Appellants shall file a report on the status of this appeal. The Clerk is directed to provide a copy ofthis Order to all counsel ofrecord. DATED this ) ofAugust, 2020. For the Court,

Chief Justice 08/10/2020

Case Number: DA 19-0110
Exhibit 10.1


 


February 11, 2016


 


Majesco

105 Fieldcrest Avenue, Suite #208

Edison, New Jersey 08837


 


Attn: Vice President, Finance


 





	Subject:
    Extension of that certain Credit Facility Agreement dated as of March 25, 2011 by and between Majesco (the
    “Borrower”) and ICICI Bank Limited, New York Branch (the “Bank”) (as such agreement has
    been amended, restated, extended or otherwise modified from time to time, the “Credit Facility
    Agreement”)







 


We refer to the above-captioned Credit
Facility Agreement. Capitalized terms used in this Extension Letter and not otherwise defined herein shall have the meanings ascribed
to such terms in the Credit Facility Agreement.


 


Subject to the conditions set forth below,
the Bank hereby exercises its sole and absolute discretion under Section 3.03(d) of the Credit Facility Agreement to extend the
Revolving Credit Loan Termination Date to May 09, 2016.


 


By executing this Extension Letter the
Borrower:


 


		1.	Agrees to the extension of the Revolving Credit Loan Termination Date to May 09, 2016;



		2.	Acknowledges and agrees that the Credit Facility Agreement shall continue to be and shall remain
unchanged and in full force and effect in accordance with its terms except as expressly amended hereby;



		3.	Repeats the Representations and Warranties in the Credit Facility Agreement; and



		4.	Confirms that an Event of Default as defined in the Credit Facility Agreement has not occurred
or, if an Event of Default has occurred, it is not continuing.



 


The extension of the Revolving Credit Facility
Agreement contemplated herein shall be effective only upon (1) receipt by the Bank of the attached signature page duly executed
by the Borrower and (2) receipt by the Bank from the Borrower of a processing fee in the amount of $12,500.00.


 


This Extension Letter shall be governed
by the laws of the State of New York.


 







     


     


    

 


Please confirm your agreement with the
foregoing terms by signing in the spaces provided below.


 


Very truly yours,


 


ICICI BANK LIMITED, NEW YORK BRANCH, as Bank


 


	By:	/s/ Akashdeep Sarpal	 
	 	Name:	Akashdeep Sarpal

	 
	 	Title:	Country Head -  USA

ICICI Bank Limited	 


 


We agree to the foregoing:


 


MAJESCO, as Borrower


 


	By:	/s/ Ketan Mehta	 
	 	Name: 	Ketan Mehta	 
	 	Title:	 CEO
PM-EX10.26_12.31.13-Q4






Exhibit 10.26


[LETTERHEAD OF PHILIP MORRIS SERVICES S.A.]








To: Matteo Pellegrini 
 
 
 Lausanne, December 12, 2013 
 
Dear Matteo, 
 
The Senior Management Team has decided to implement certain changes to the Global Variable                    Compensation Program (which includes both the Incentive Compensation Award and the Equity                                    Award) and to the Executive Banding structure.   
 
Details of the changes and their context were set out in the communication from Kevin Click on                                    October 17, 2013. 
 
Following these changes, your role has been designated as Grade 25. I am pleased to inform you that                            this represents an uplift to your grade as compared with the corresponding grade for your previous                             band.  Your annual base salary and position in range are unaffected by this change. The targets for                             Grade 25 for the Plan Year 2014 are as follows: 
 
		
	•
	Incentive Compensation award target based on an IC business rating of 100% and an                                 “Optimal” individual performance rating is 100%. 


		
	•
	Equity award target based on a stock business rating of 100% and an “Optimal” individual                 performance rating is 175%. 


 
Please note that the above targets may be amended at the discretion of the Company at any time                              without prior notice, and are in any event reviewed annually.  
 
These changes will take effect on January 1, 2014.  The changes will not affect any awards under the                            Global Variable Compensation Program in respect of 2013 (which are payable in 2014), but will be                           applicable to any awards in respect of 2014. 


Sincerely yours,
 
                        
  
 
/s/ KRISTIN HOLTER
Kristin Holter 
Director Human Resources Switzerland 



Philip Morris Services S.A., Avenue de Cour 107, 1001 Lausanne, Switzerland  
T:+41 (58) 242 00 00, F: +41 (58) 242 01 01
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 8113** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. LLOYD PRESTON KNIGHT , Defendant

- Appellant
.

Appeal from the United States District Court for the Western District of Virginia , at Charlottesville
. Norman K. Moon , Senior District Judge. ( 3:07

- cr - 00031

- NKM

- 5; 3:11

- cv - 80317

- NKM

RSB )

Submitted : May 30, 2013 Decided: June 4, 2013

Before SHEDD, DIAZ, and THACKER , Circuit Judges.

Dismissed by un published per curiam opinion
. Lloyd Preston Knight, Appellant Pro Se. Ray Burton Fitzgerald, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Ronald Mitchell Huber, Assistant United States Attorney, Charlottesville, Virginia, for Appellee.
Unpublished opin ions are not binding precedent in this circuit.2 PER CURIAM: Lloyd Preston Knight seeks to appeal the district court’s order denying relief on his 28 U.S.C. A. § 2255 ( West Supp. 2012 ) motion. The order is not appealable unless a circuit justice or judge i ssues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (B) (200 6 ). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (200 6 ). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- E l v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Knight has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal3 contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

DISMISSED
II 

113TH CONGRESS 

1ST SESSION S. 541 

To prevent human health threats posed by the consumption of equines raised 

in the United States. 

IN THE SENATE OF THE UNITED STATES 

MARCH 12, 2013 

Ms. LANDRIEU (for herself and Mr. GRAHAM) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To prevent human health threats posed by the consumption 

of equines raised in the United States. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safeguard American 

5 Food Exports Act of 2013’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) unlike cows, pigs, and other domesticated 

9 species, horses and other members of the equidae 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 541 IS

1 family are not raised for the purpose of human con2 sumption; 

3 (2) equines raised in the United States are fre4 quently treated with substances that are not ap5 proved for use in horses intended for human con6 sumption and equine parts are therefore unsafe 

7 within the meaning of section 409 of the Federal 

8 Food, Drug, and Cosmetic Act; 

9 (3) equines raised in the United States are fre10 quently treated with drugs, including phenylbuta11 zone, acepromazine, boldenone undecylenate, omep12 razole, ketoprofen, xylazine, hyaluronic acid, nitrofu13 razone, polysulfated glycosaminoglycan, clenbuterol, 

14 tolazoline, and ponazuril, which are not approved for 

15 use in horses intended for human consumption and 

16 equine parts are therefore unsafe within the mean17 ing of section 512 of the Federal Food, Drug, and 

18 Cosmetic Act; and 

19 (4) consuming parts of an equine raised in the 

20 United States likely poses a serious threat to human 

21 health and the public should be protected from these 

22 unsafe products. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•S 541 IS

1 SEC. 3. PROHIBITIONS. 

2 Section 301 of the Federal Food, Drug, and Cosmetic 

3 Act (21 U.S.C. 331) is amended by adding at the end the 

4 following: 

5 ‘‘(ccc) Notwithstanding any other provision of this 

6 section— 

7 ‘‘(1) equine parts shall be deemed unsafe under 

8 section 409 of this Act; 

9 ‘‘(2) equine parts shall be deemed unsafe under 

10 section 512 of this Act; and 

11 ‘‘(3) the knowing sale or transport of equines or 

12 equine parts in interstate or foreign commerce for 

13 purposes of human consumption is hereby prohib14 ited.’’. 

Æ 


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