alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
J-S38005-18

*Retired Senior Judge assigned to the Superior Court.

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

ADRIENE WILLIAMS

:

:

:

:

:

:

:

:

IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 220 WDA 2017

Appeal from the Judgment of Sentence August 26, 2018

In the Court of Common Pleas of Allegheny County Criminal Division at

No(s): CP-02-CR-0009769-2015

BEFORE: BOWES, J., NICHOLS, J., and STRASSBURGER, J.*

CONCURRING MEMORANDUM BY STRASSBURGER, J.:

FILED DECEMBER 28, 2018

I agree with the Majority that Appellant’s judgment of sentence should

be affirmed. However, I believe that Appellant waived her mistrial claim by

waiting until the close of the Commonwealth’s case before renewing her

motion for mistrial. See Pa.R.Crim. P. 605(B); Commonwealth. v.

Randolph, 421 A.2d 469, 470–71 (Pa. Super. 1980) (finding mistrial claim

precluded where defense counsel waited until Commonwealth had concluded

its case to move for mistrial); see also Commonwealth v. Cornelius, 180

A.3d 1256, 1261–62 (Pa. Super. 2018) (finding claim challenging denial of

motion for mistrial waived where defense counsel failed to object at time of

alleged prejudice). Even if Appellant is not precluded from raising her mistrial
J-S38005-18

- 2 -

claim, I agree with the Majority that any such claim lacks merit as the defense

conceded at trial. See Majority Opinion at 8-9.
#### Banesto Banking Corporation, Respondent, v Stanley A. Teitler, Appellant.

Judgment, Supreme Court, New York County (Beverly S. Cohen, J.), entered April 2, 1990, which found in favor of plaintiff and against defendant for the principal sum due upon a promissory note of $160,000 with interest thereon for a total sum of $183,071.32, unanimously affirmed, with costs.

Plaintiff commenced this action by service of a summons and motion for summary judgment in lieu of complaint to collect the unpaid principal balance under a single payment consumer note executed by the defendant. Plaintiff established a *prima facie*right to recovery based upon proof that defendant executed the note and subsequently failed to make payment thereon in accordance with its terms *(Gateway State Bank v Shangri-La Private Club for Women,*113 AD2d 791, *affd*67 NY2d 627). It was incumbent upon defendant, therefore, to come forward with proof showing the existence of a triable issue of fact with respect to a bona fide defense *470
      *(Gateway State Bank v Shangri-La Private Club for Women, supra,*at 792). The affirmation submitted by defendant in opposition to summary judgment in this case contains nothing more than unsubstantiated conclusory allegations of fraudulent misrepresentations and purported oral agreements which are insufficient to meet this burden. *(See, Banner Indus. v Key B.H. Assocs.,*170 AD2d 246.) Concur—Sullivan, J. P., Rosenberger, Kupferman, Ross and Smith, JJ.
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Telephone Conversation

Phillip Esdaile

phil@davisairrepair .com 530 979 0893

I c ontacted Mr. Esdaile on April 1 4 , 2016. Discussed the exemption request submitted in an effort to understand the reason why the request is being made. The exemption is for 91.409b to increase the inspection interval to 150 hours on a Cessna 208 model aircraft. They operate aircraft with the P ratt and Whitney PT6 and Garrett TPE

- 331 model engines. He believes the aircraft are over maintained and could cause problems in maintenance due to the frequent disassembly of the aircraft. He thinks it could be improve reliability of the aircraft by moving the inspection intervals out to 150 hours. Mr. Esdaile could not provide any additional data to support his request. He think s he can produce the additional data to support the request. I explained he would need to provide data from Cessna and the engine manufacturer to support a program for the exemption. I also explained it may be in his best interest to create a program and get it approved by his local office. He stated it would be costly to develop a program and get it approved. I instructed him I would need the data to support the exemption within 10 days to proceed with the request.
<PAGE>
                                                                 EXHIBIT 23.1

                      CONSENT OF INDEPENDENT AUDITORS

   
We consent to the incorporation by reference in the Registration Statements 
and in the related prospectuses (Form S-3 No. 33-96756, Form S-3 No. 
33-95952, Form S-3 No. 333-17805, Form S-3 No. 333-19879, Form S-3 No. 
333-19879-01 and Form S-8 No. 33-90668) of Evans Withycombe Residential, Inc. 
of our report dated January 31, 1997, with respect to the consolidated 
financial statements and schedule of Evans Withycombe Residential, Inc. 
included in this Annual Report (Amendment No. 4 to Form 10-K/A) for the year 
ended December 31, 1996.
    
                                                            ERNST & YOUNG LLP

   
Phoenix, Arizona
March 24, 1997
VI 

113TH CONGRESS 

1ST SESSION S. 73 

For the relief of Miguel Santillan. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 23 (legislative day, JANUARY 3), 2013 

Mr. LEVIN introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

For the relief of Miguel Santillan. 

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

3 SECTION 1. ADJUSTMENT OF STATUS. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, for the purposes of the Immigration and Na6 tionality Act (8 U.S.C. 1101 et seq.), Miguel Santillan 

7 shall be deemed to have been lawfully admitted to, and 

8 remained in, the United States, and shall be eligible for 

9 adjustment of status to that of an alien lawfully admitted 

10 for permanent residence under section 245 of the Immi11 gration and Nationality Act (8 U.S.C. 1255) upon filing 

12 an application for such adjustment of status. 


smartinez on DSK6TPVN1PROD with 
2 

•S 73 IS

1 (b) APPLICATION AND PAYMENT OF FEES.—Sub2 section (a) shall apply only if the application for adjust3 ment of status is filed with appropriate fees not later than 

4 2 years after the date of the enactment of this Act. 

5 (c) REDUCTION OF IMMIGRANT VISA NUMBERS.— 

6 Upon the granting of permanent resident status to Miguel 

7 Santillan, the Secretary of State shall instruct the proper 

8 officer to reduce by 1, during the current or next following 

9 fiscal year, the total number of immigrant visas that are 

10 made available to natives of the country of the birth of 

11 Miguel Santillan under section 202(a)(2) of the Immigra12 tion and Nationality Act (8 U.S.C. 1152(a)(2)). 

Æ 


smartinez on DSK6TPVN1PROD with
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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 Annual Report of Shearson Mid-West Futures Fund (the ‘‘Partnership’’) on Form 10-K for the year ending December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the ‘‘Report’’), I, Jennifer Magro, Jr., Chief Financial Officer and Director of Citigroup Managed Futures LLC, 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 Partnership.

/s/ Jennifer MagroJennifer Magro
Citigroup Managed Futures LLC
Chief Financial Officer and DirectorMarch 28, 2008Date


---
UNITED STATES 

SECURITIES AND EXCHANGE COMMISSION 

Washington, D.C. 20549 

    

       

****

    

FORM 10-Q/A 

Amendment No. 1 

    

       

****

    

(Mark One) 

 

    

For the quarterly period ended March 30, 2013 

    

or 

    

 

    

For the transition period from              to              

    

Commission File Number: 333-173400 

    

       

****

    

MICHAEL FOODS GROUP, INC. 

(Exact name of registrant as specified in its charter) 

    

 

       

****

       

(952) 258-4000 

(Registrant’s telephone number, including area code) 

    

None 

(Former name, former address and former fiscal year, if changed since last report) 

    

       

****

    

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 (the “Exchange Act”) during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.    xYes     ̈   No 

    

 Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).   x Yes     ̈ No 

    

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer (as defined in Rule 12b-2 of the Exchange Act).    

    

 

    

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).     ̈ Yes    x No 

    

The registrant’s Common Stock is not publicly traded. The Registrant had 100 shares of $0.01 par value common stock outstanding as of November 5, 2013. 

    

    

----

EXPLANATORY NOTE 

This Amendment No. 1 on Form 10–Q/A is being filed to amend our Quarterly Report on Form 10–Q for the quarter ended March 30, 2013, as filed with the Securities and Exchange Commission on May 13, 2013, to revise certifications pursuant to the Sarbanes–Oxley Act of 2002 as Exhibits 31.1 and 31.2. This Amendment does not reflect events occurring after the date of the initial Quarterly Report on Form 10-Q or modify or update any disclosures that may have been affected by subsequent events. Other than the changes referred to above, all other information in the initial Quarterly Report on Form 10-Q, as amended, remains unchanged. 

PART II 

ITEM 6. EXHIBITS 

EXHIBIT INDEX 

    

 

    

----

SIGNATURES 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. 

    

    

 

    

----
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