alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

827 

KA 13-00653 

PRESENT: SMITH, J.P., CARNI, LINDLEY, VALENTINO, AND WHALEN, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

LATEEK DAVIS, DEFENDANT-APPELLANT. 

(APPEAL NO. 2.) 

 

WILLIAMS, HEINL, MOODY & BUSCHMAN, P.C., AUBURN (RYAN JAMES MULDOON OF

COUNSEL), FOR DEFENDANT-APPELLANT.

LATEEK DAVIS, DEFENDANT-APPELLANT PRO SE. 

JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (NATHAN J. GARLAND OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Cayuga County Court (Thomas G.

Leone, J.), rendered February 28, 2013. The judgment convicted

defendant, upon his plea of guilty, of criminal sale of a controlled

substance in the third degree. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Same Memorandum as People v Davis ([appeal No. 1] ___ AD3d ___

[July 3, 2014]).

Entered: July 3, 2014 Frances E. Cafarell

Clerk of the Court
----

| **NEVADA**                                                    | **36-4752858**                      |
|---------------------------------------------------------------|-------------------------------------|
| (State or other jurisdiction ofincorporation or organization) | (I.R.S. EmployerIdentification No.) |
|   | Large accelerated filer | ☐ | Accelerated filer         | ☐ |
|--------|-------------------------|---------|---------------------------|---------|
|   | Non-accelerated filer   | ☐ | Smaller reporting company | ☒ |

----

| 31.1   | Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. |
|--------|--------------------------------------------------------------------------|
|   |                                                                     |
| 31.2   | Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. |
|   |                                                                     |
| 32     | Certification pursuant to Section 906 of the Sarbanes-Oxley Act.         |

----

|              | MASCOTA RESOURCES CORP. |                                                      |
|-------------------|-------------------------|-----------------------------------------------------------|
|              |                    |                                                      |
|              |                    |                                                      |   |
| November 18, 2016 | By:                     | /s/ Dale Rasmussen                                        |   |
|              |                    | Dale Rasmussen, Principal Executive and Financial Officer |   |
exv10w5





Exhibit 10.5




	 	 	 

	POLICY REGARDING THE RECOUPMENT OF
CERTAIN 
PERFORMANCE-BASED COMPENSATION PAYMENTS

[also known as “Clawback” Policy]

	 	






Revised: March 31, 2010



The Board of Directors or Compensation Committee shall, in such circumstances as it determines
to be appropriate, require reimbursement of all or a portion of any performance-based short or
long-term cash or equity incentive payments to an employee at the vice-president level or more
senior position where:





(1) the amount of, or number of shares included in, any such payment was calculated based on
the achievement of financial results that were subsequently the subject of an accounting
restatement due to noncompliance with any financial reporting requirement under the securities
laws;




(2) a lesser payment of cash or shares would have been made to the employee based upon the
restated financial results; and




(3) the payment of cash or shares was received by the employee prior to or during the 12-month
period following the first public issuance or filing of the financial results that were
subsequently restated.


This policy does not limit any other remedies the Company may have available to it in the
circumstances, which may include, without limitation, dismissing an employee or initiating other
disciplinary procedures. The provisions of this policy are in addition to (and not in lieu of) any
rights to repayment the Company may have under Section 304 of the Sarbanes-Oxley Act of 2002
(applicable to the Chief Executive Officer and Chief Financial Officer only) and other applicable
laws.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 6 

1445 ROSS AVENUE, SUITE 1200 

DALLAS, TX 75202-2733 

Mr. Richard Goodyear 

Chief, Air Quality Bureau 

New Mexico Environment Department 

130 I Siler Road 

Building B 

Santa Fe, New Mexico 87507 

Dear Mr. Goodyear: 

SEP 0 7 2012 

We are writing to request that a copy of all New Source Review permit public notices be provided by 

the New Mexico Environment Department to the EPA Region 6 office pursuant to 20.2.72.206(A)(7) 

NMAC and 40 CFR 51.16l(d). We request that these public notices be provided to the Region 6 Air 

Permits Section either in electronic or hardcopy format. 

Please confirm receipt of this request and confirm that NMED will provide a copy of the public notice 

for each New Source Review permit action to the EPA Region 6 office. 

Should you have questions regarding this request, please feel free to contact Mr. Jeff Robinson of my 

staff at (214) 665-6435. 

Cc: Ms. Rita Bates, Planning Section Chief 

Air Quality Bureau, NMED 

Sincerely yours, 

~-1J-D,~ 

Thomas H. Diggs 

Associate Director 

Air Programs 

Mr. Ted Schooley, Acting Permit Program Manager 

Air Quality Bureau, NMED 

Internet Address (URL) • http:/twww.epa.gov 

Recycl&d/Recyclable • Ptlnted o'ilth Vegetable Oil Based Inks on Recyc~d Paper (Minimum 25~., Postconsumer)
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 Quarterly Report on Form 10-Q of APT Systems, Inc. (the "Company) for the quarter ended herein as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Glenda Dowie, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to 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.  A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.  Date:  June 20, 2016/s/ Glenda DowieGlenda DowieChief Executive Officer
**EXHIBIT 32.1**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Form 10-Q of Redpoint BioCorporation (the “Company”) for the period ended June 30, 2009 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), theundersigned, F. Raymond Salemme, President and Chief Executive Officer of theCompany, hereby certifies, pursuant to 18 U.S.C. Section 1350, that:

 

(1) TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2) Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
| Dated:  August 13, 2009 | /s/ F. Raymond Salemme                 |
|------------------------------|----------------------------------------|
|                         | F. Raymond Salemme                     |
|                         | President and Chief  Executive Officer |
|                         | (Principal Executive  Officer)         |

 

----

*                           A signed original of this writtenstatement required by Section 906 has been provided to Redpoint BioCorporation and will be retained by Redpoint Bio Corporation and furnished tothe Securities and Exchange Commission or its staff upon request.

 

----
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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  Quarterly  Report of FERMO GROUP, INC.  (the "Company")  on Form 10-Q/A for the period  ended  June 30, 2012  as filed with the Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  the undersigned,  in the  capacities  and  on  the  dates  indicated  below,  hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his 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: August 23, 2012





/s/ Ilia Sachin

Ilia Sachin , President,

Chief Executive Officer and

Chief Financial Officer
Exhibit 10(a)



 Exhibit 10(a) 

Consent of Independent Registered Public Accounting Firm 







 Consent of Independent Registered Public Accounting Firm 

We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in the Statement of Additional
Information and to the use of our reports: (1) dated April 19, 2010, with respect to the statutory-basis financial statements and schedules of Transamerica Life Insurance Company, and (2) dated April 26, 2010, with respect to the financial
statements of the subaccounts of Separate Account VA X, included in Post-Effective Amendment No. 13 to the Registration Statement (Form N-4 No. 333-125817) under the Securities Act of 1933 and related Prospectus of Flexible Premium Variable Annuity
- I. 
 /s/ Ernst & Young LLP 

Des Moines, Iowa 
 April 26, 2010
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 A **lock (lock )** or **https://** means you’ve safely connected to the .mil website. Share sensitive information only on official, secure websites.

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-  What DLA Offers    -  Excess Property Disposal             
  -  Document Services             
  -  Products             
  -  Services             
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  -  Small Business             
  -  Federal and International Cataloging             
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  -  Forms 
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  -  DLA Land and Maritime             
  -  DLA Troop Support             
  -  DLA CENTCOM & SOCOM             
  -  DLA Europe & Africa             
  -  DLA Indo-Pacific 
-  Customer Support    -  Self Help Tools             
  -  How to Order             
  -  Find Your Order             
  -  Customer Facing Offices             
  -  Training             
  -  Brochures             
  -  Warfighter Support             
  -  Customer Service Management 
-  Careers		 
-  About DLA    -  Contact Us             
  -  Locations             
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  -  Media Gallery             
  -  DLA Campaigns 

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# DLA Images

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Regulatory Evaluation

Docket No. FAA-2012 Directorate Identifier: 2011-NM-258-AD

If you make changes to the values in the table below, you must ensure the totals update accordingly. If 

they do not, click (or Tab) into and then out of the changed cell.

Estimated Costs:

Action

(e.g., Inspection, 

replacement)

Do not include oncondition costs here

Costs per Product (e.g., aircraft, engine, 

propeller, appliance)

Work-hours

(include 

access, testing, 

and close-up)

Labor 

cost 

(@$85/h

our)

Parts Cost Total Costs 

(labor + 

parts)

Number of 

U.S. 

Registered

Products

Total Cost 

for U.S. Fleet

Modification 3.0 $ 255.00 $203 $ 458.00 407 $186,406.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

The known number of products in compliance:

Total Costs of compliance for U.S. fleet: $186,406

Costs covered under warranty (if known) $

On-Condition Costs:

Action

(e.g., Inspection, 

replacement)

Work-hours

(include access, 

testing, and closeup)

Labor cost 

(@$85/hour)

Parts Cost Cost per Product

$ 0.00 $ 0.00

$ 0.00 $ 0.00

$ 0.00 $ 0.00

$ 0.00 $ 0.00

Special considerations for Economic Analysis (Use this field to explain anything in the Estimated Costs table 

that was assumed or might not be obvious. This field can also be used to explain warranty costs):
Executive Order 12866:

Could the AD be considered a “significant regulatory action”?

YES* NO 

*Explanation: 

DOT Regulatory Policies and Procedures:

Is the AD significant? 

YES* NO 

*Explanation: 

Regulatory Flexibility Act:

Will the AD have a significant economic impact on a substantial number of small entities? Explain for 

either a Yes or No answer.

YES NO 

Explanation: 

Intrastate Aviation in Alaska:

This AD could affect intrastate aviation in Alaska. Is it appropriate to include specific requirements for 

aircraft operated in Alaska where aviation might be the only mode of transportation?

YES* NO 

*Explanation:
<PAGE>   1
EXHIBIT 10.27

                            ELECTRONIC DESIGNS, INC.
                            EXECUTIVE INCENTIVE PLAN

The purposes of the Electronic Designs, Inc. Executive Incentive Plan (the
"Plan") are to motivate the Company's key employees to improve stockholder value
by linking a portion of their cash compensation to the Company's financial
performance, to reward key employees for improving the Company's financial
performance, and to help attract and retain key employees.

The Plan is administered by the Compensation Committee (the "Committee")of
Electronic Designs, Inc.'s Board of Directors. The Committee is comprised solely
of directors who are outside directors of the Company. The Committee may
delegate its administrative authority under the Plan to the Chief Executive
Officer. The Committee selects Key Employees to receive incentive payments
("Awards"), determines the terms and amounts of Awards and takes any and all
other action it deems necessary or advisable in connection with the Plan.

Any employee of the Company whose performance the Committee determines can have
a significant effect on the success of the Company may be considered a "Key
Employee" and be eligible to become a participant in the Plan.

The Committee grants Awards based on Company and/or business unit performance
goals and formulas. Awards are typically conditioned on the achievement of
pre-established Company and/or business unit goals for revenue, profitability
and/or common stock price. Awards may be in the form of a single lump sum or a
percentage of base compensation. Awards to any Key Employee for any fiscal year
will not exceed 100% of such employee's base compensation.

Participation in the Plan does not give any Key Employee any right to remain in
the employ of the Company. To the extent any person acquires a right to receive
payments from the Company under the Plan, such rights shall be no greater than
the rights of an unsecured creditor of the Company.

                                       44
. .

OFFICE OF T#E.AnORNEY GENERAL OFTEXAS AUSTIN

Honor~bbie

Ror?or Cnrrison,Sr., Director Dwnrtmont of Public Safety cm &,&y Austin, Taxza A \ \

ing our opinion roada 88 follownr. .

Honors+3 Homer ffarrison, Jr.,y-?np 2

, / gain of any structureon which may be played any game of any

kind or characterplayelxithballs, OUQB OP pins, vNoh 13 similar to pool or billiards. D.evis vs. State, 225 S.W. 532. St will be noted that the kind or oharaoter of gamy referredto must be played uith balls, mea or pins, and must be sir&Lar to pool or billiards.

Webster'sNou InternatAohal Dictionary,SeoondEd%-' t&on, defines "b~lllards" as; 'Any of severalgsmes played on an oblong table, nov made vith a ,slato bed covereduith gwen oloth, surroundedby au elastic e&e or

. cushion,vlth balls vhich are impelledby a oue. "In the American or French gnuo, the standard table is ten by five feet, outsidemsasuremerits, and la wlthout pockets, the balls are 2 3/8 lnchee in diem&m, and points are scored by aaromB only. Smaller table= are often uscd." 'Pool' is doflned in Webster'sXew Uternatlonal Diotlonarg,SeoondEdltion, as: ;

"Any of various games of billiardsplayed on a pool table with, usually, flftcen,,objeot balls marked or plain, and a quo ball. Tie Court of,.Z~titiI:rr?! Appeals in the case of Taylor va. State, 95 3.W. 119, speak- throtqh Judge Bondereon, saldt

"CenturyDictlonargdofines 'Pool"as a game played on a billLard tablo with six pockets by tvo or more persons. Xn the United States, the game 2s played vith flftoonballs, enah ball numbered and oountizq1 to 15. !Pho object of each player ie to pocket the balls; the $unber of each ball being plaocd to hts credit. machina" Your letter containsno descriptionof the 'pin ball

or "marbletables" rbforrod to, but ve assum these machInes or tables are built and oporateddn substantially ~ the sape grlnaipleaud are similar to the marble machine Condemned by the relative1 recent onsos of Ahsms VS. Antonlo Clv. App.) 88 3.W. (2d 3 503; Roborts vs. Qosaott (Civ. 8 SiV. (26) 507; and Houston v. Fox (Clv.Am.) 93 9-W. 781.

..

Bonorable Homer Oarrison, Page 3
Therefore,in vlev of the foregoi= authbrlties, 

### and in view 

### of the &vlous purpose of the LogLslatureIn enaolhg Article 4668, 3upra,you are respectfullyadvised that ,Lt

is the opinion of this Departmentthat your.questloa ohoulabe answered in the ;IsgatLve. remain Trusting that this @sposes of your Inquiry,we '

Your5 vary truly A'JZORIJEYOEKSR~II

OFD. Burle Dwlae Assistant
DBDiAW A~PROVEDDEC'~~, 1940
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 Earth Energy Reserves, Inc.
(the "Company") on Form 10-Q for the quarter ended September 30, 2010
as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Steven Kranker, Chief Executive 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 result of
operations of the Company.

/s/Steven Kranker
-----------------------------
Steven Kranker
Chief Executive Officer

November 15, 2010


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 Earth Energy Reserves,
Inc.(the "Company") on Form 10-Q for the quarter ended September 30,
2010, as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, W.A. Sikora, 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 result of
operations of the Company.

/s/Doyle Pennington
-----------------------------
Doyle Pennington
Interim Principal Financial Officer

November 15, 2010