alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Juana Quintero, Respondent, v Town of Babylon Industrial Development Agency, Appellant.

?In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Suffolk County (Jones, J.), entered June 23, 1989, which granted the petitioner’s application.

Ordered that the order is reversed, on the law, and the application is denied, with costs.

After the petitioner was injured, she timely served a notice of claim and a summons and complaint upon the Town of Babylon. Subsequently learning that the proper defendant was the Town of Babylon Industrial Development Agency, she sought leave to serve a late notice of claim upon that latter entity. Although the relevant Statute of Limitations had expired *(see,*General Municipal Law § 880), the Supreme Court invoked the doctrine of equitable estoppel and granted the application. In support of this determination, the court relied on the "conduct” of the Town of Babylon which, "throughout this litigation * * * failed to hint that it was not the real party in interest”. This was an insufficient ground upon which to base the invocation of the doctrine of equitable estoppel against the Town of Babylon Industrial Development Agency *(see, Ceely v New York City Health & Hosps. Corp.,*162 AD2d 492; *Henderson v City of New York,*143 AD2d 884; *Nicholas v City of New York,*130 AD2d 470; *Albano v Long Is. R. R. Co.,*122 AD2d 923; *Soloff v Board of Educ.,*90 AD2d 829; *see also, Matter of Hamptons Hosp. & Med. Center v Moore,*52 NY2d 88, 93, n 1; *Rodriguez v City of New York,*169 AD2d 532; *cf., Bender v New York City Health & Hosps. Corp.,*38 NY2d 662). Mangano, P. J., Brown, Sullivan, Harwood and Miller, JJ., concur.
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<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           3,532
<INT-BEARING-DEPOSITS>                              38
<FED-FUNDS-SOLD>                                11,123
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      3,321
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                         80,898
<ALLOWANCE>                                        869
<TOTAL-ASSETS>                                 104,158
<DEPOSITS>                                      83,461
<SHORT-TERM>                                     9,528
<LIABILITIES-OTHER>                              1,720
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         7,746
<OTHER-SE>                                       1,703
<TOTAL-LIABILITIES-AND-EQUITY>                 104,158
<INTEREST-LOAN>                                  6,993
<INTEREST-INVEST>                                  418
<INTEREST-OTHER>                                   243
<INTEREST-TOTAL>                                 7,654
<INTEREST-DEPOSIT>                               3,023
<INTEREST-EXPENSE>                               3,460
<INTEREST-INCOME-NET>                            4,194
<LOAN-LOSSES>                                      213
<SECURITIES-GAINS>                                  42
<EXPENSE-OTHER>                                  3,445
<INCOME-PRETAX>                                  1,838
<INCOME-PRE-EXTRAORDINARY>                       1,838
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,157
<EPS-PRIMARY>                                      .61
<EPS-DILUTED>                                      .58
<YIELD-ACTUAL>                                    4.95
<LOANS-NON>                                         95
<LOANS-PAST>                                       172
<LOANS-TROUBLED>                                     0
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<ALLOWANCE-OPEN>                                   751
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<RECOVERIES>                                         6
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<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
[Federal Register Volume 77, Number 30 (Tuesday, February 14, 2012)]
[Notices]
[Page 8329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3355]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of Taxpayer Advocacy Panel Taxpayer Burden Reduction 
Project Committee

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Taxpayer Advocacy Panel Taxpayer Burden 
Reduction Project Committee will be conducted. The Taxpayer Advocacy 
Panel is soliciting public comments, ideas and suggestions on improving 
customer service at the Internal Revenue Service.

DATES: The meeting will be held Wednesday, March 21, 2012.

FOR FURTHER INFORMATION CONTACT: Audrey Y. Jenkins at 1-888-912-1227 or 
718-488-2085.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 
10 (a) (2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Taxpayer Advocacy Panel Taxpayer Burden 
Reduction Project Committee will be held Wednesday, March 21, 2012, at 
2:30 p.m. Eastern Time via telephone conference. The public is invited 
to make oral comments or submit written statements for consideration. 
Due to limited conference lines, notification of intent to participate 
must be made with Ms. Jenkins. For more information please contact Ms. 
Jenkins at 1-888-912-1227 or 718-488-2085, or write TAP Office, 10 
MetroTech Center, 625 Fulton Street Brooklyn, NY 11201, or post 
comments to the Web site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: February 8, 2012.
Shawn Collins,
Director, Taxpayer Advocacy Panel.
[FR Doc. 2012-3355 Filed 2-13-12; 8:45 am]
BILLING CODE 4830-01-P
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#### Homer M. ADKINS, Collector of Internal Revenue, Appellant, v. UNITED CORPORATION.

Circuit Court of Appeals, Eighth Circuit.

Jan. 27, 1940.

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Sp. Asst, to Atty. Gen., and Sam Rorex, U. S. Atty., ánd Gordon Frier-son, Asst. U. S. Atty., both of Little Rock, Ark., for appellant.

Moore, Burrow & Chowning, of Little Rock, Ark., for appellee.

PER CURIAM.

Appeal dismissed with costs, pursuant to stipulation.
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EX-10.39



 Exhibit 10.39 

*** INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. 
 EXECUTION VERSION

 AMENDMENT # 1 TO 

LICENSE, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT 

This Amendment # 1 to LICENSE, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT (“Amendment”), is entered into between Syndax
Pharmaceuticals, Inc., a Delaware corporation having a place of business at 400 Totten Pond Road, Suite 110, Waltham, MA 02451 USA (“Syndax”) and Kyowa Hakko Kirin Co., Ltd., a Japanese corporation having a place of business
at 1-6-1, Ohtemachi, Chiyoda-ku, Tokyo 100-8185, Japan (“KHK”). 
 Reference is made to that the LICENSE, DEVELOPMENT AND COMMERCIALIZATION
AGREEMENT by and between Syndax and KHK entered into as of December 19, 2014 (“Agreement”). The Agreement is hereby amended as set forth in this Amendment. Capitalized terms used but not defined herein shall have the meanings
assigned to such terms in the Agreement. 
 The parties agree that Section 8.5.2 (Korea) of the Agreement shall be replaced with the following new sentence.

 ‘The Parties shall separately discuss in good faith and determine within *** of the Effective Date the Transfer Price applicable to
Korea.’ 
 All other terms, obligations and conditions of the Agreement shall remain in full force and effect. 

This Amendment may be executed in one or more counterparts by the parties by a person having authority to bind the party, each of which when executed and
delivered by facsimile, electronic transmission or by mail delivery, will be an original and all of which shall constitute but one and the same Amendment. 
  

									
	Syndax Pharmaceuticals, Inc.	 		 	Kyowa Hakko Kirin Co., Ltd.
					
	By:	 	 /s/ Michael A. Metzger
	 		 	By:	 	 /s/ Tamao Watanabe

	Name:	 	Michael A. Metzger	 		 	Name:	 	Tamao Watanabe
	Title:	 	President & COO	 		 	Title:	 	Managing Officer, Director
		 		 		 		 	Business Development Department
					
	Date:	 	September 11, 2015	 		 	Date:	 	September 18, 2015
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
on Form 10-Q of AG Mortgage Investment Trust, Inc. (the "Company") for the quarterly period ended June 30, 2012 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"), I, Frank Stadelmaier, 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, 18 U.S.C. Section 1350, 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 at the dates of, and for the periods covered by, the Report.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



It is not intended that this statement be deemed to be filed
for purposes of the Securities Exchange Act of 1934.



| | /s/ Frank Stadelmaier       
| | ----------------------------
| | Frank Stadelmaier           
| | Chief Financial Officer and 
| | Principal Accounting Officer
| | August 8, 2012
1 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

February 12, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-10709

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE CARBAJAL-MARTINEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:03-CR-00035-ALL 

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

Before SMITH, DUHÉ, and WIENER, Circuit Judges.

PER CURIAM:1

Jose Carbajal-Martinez appeals his 180-month sentence

following his guilty-plea conviction for illegal reentry into the

United States following a deportation subsequent to a conviction

for an aggravated felony, in violation of 8 U.S.C. § 1326(a),

(b)(2). Carbajal contends that the district court erred in

departing upward from a guideline sentencing range of 77 to 96

months. 
2

Carbajal argues that the district court made several erroneous

factual findings. After reviewing the record, we conclude that the

district court’s factual findings regarding the nature and extent

of Carbajal’s criminal history were not clearly erroneous. See

United States v. Harris, 293 F.3d 863, 871 (5th Cir.), cert.

denied, 537 U.S. 950 (2002).

Carbajal also argues that the district court’s reasons

for departure were not supported by the facts of the case.

The district court correctly found that Carbajal’s criminal history

category significantly under-represented the seriousness of his

criminal history. Additionally, his criminal history category

failed to adequately reflect Carbajal’s likelihood for recidivism.

Thus, whether the standard of review is abuse of discretion or de

novo, the district court did not err in departing upward under

U.S.S.G. § 4A1.3, p.s. See U.S.S.G. § 4A1.3, p.s. 

The district court’s reasons for departure, which included

deterrence and the protection of the public, were acceptable. See

United States v. Ashburn, 38 F.3d 803, 807 (5th Cir. 1994) (en

banc). The extent of the departure was reasonable and, at

sentencing, the district court adequately articulated its reasons

for the extent of the upward departure. See United States v.

Daughenbaugh, 49 F.3d 171, 175 (5th Cir. 1995); United States v.

Lambert, 984 F.2d 658, 662-63 (5th Cir. 1993) (en banc).

Carbajal argues that the district court did not give

sufficiently specific written reasons for the extent of its upward
3

departure. This argument lacks merit. In the written order

of judgment, the district court adopted, by reference, as its

reasons the factual findings and legal conclusions found in

the presentence report and those made at sentencing. Thus, the

district court did give specific reasons for the extent of the

departure. See 18 U.S.C. § 3553(c).

AFFIRMED.