alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jacqueline Kasenetz, Appellant, v Henrietta E. C. Vieta, as Executrix of John Vieta, Deceased, Respondent.

Judgment, Supreme Court, New York County (Bruce McM. Wright, J.), rendered January 14, 1991, upon a jury verdict in favor of defendant dismissing the complaint, unanimously affirmed, without costs.

Plaintiff, a diabetic since the age of 10, brought this action against the executrix of Dr. John Vieta’s estate, to recover for personal injuries arising from a 1984 gall bladder surgery performed by Dr. John Vieta. Plaintiff, who was 37 years old at the time of the surgery, claimed that Dr. Vieta had failed to adequately inform the patient of the attendant risks of the surgery, or of the alternatives to surgery.

We find no error with respect to the trial court’s charge on defenses available to defendant pursuant to Public Health Law § 2805-d (4), as the charge read as a whole, conveyed the appropriate burden of proof. Similarly, the court’s charge that a right of action for lack of informed consent is limited to non-emergency treatment was proper. (Public Health Law § 2805-d [2].) Moreover, any error due to the lack of explicit testimony that plaintiff’s surgery was emergency related could not have prejudiced plaintiff, since the jury never reached this issue. Nor do any of the other claimed errors, in the court’s instruction warrant reversal. Concur—Sullivan, J. P., Wallach, Asch and Smith, JJ.
<TABLE> <S> <C>


<ARTICLE> 5

<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S FORM 10-K FOR THE YEAR ENDED DECEMBER 31, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
INCLUDED IN SUCH REPORT.
</LEGEND>


<S>                   <C>
<PERIOD-TYPE>         12-MOS
<FISCAL-YEAR-END>     DEC-31-1996
<PERIOD-END>          DEC-31-1996

<CASH>                        1,136,700
<SECURITIES>                       0
<RECEIVABLES>                   179,939
<ALLOWANCES>                     76,289
<INVENTORY>                      57,598
<CURRENT-ASSETS>                   0
<PP&E>                        4,423,602
<DEPRECIATION>                1,722,161
<TOTAL-ASSETS>                4,849,917
<CURRENT-LIABILITIES>              0
<BONDS>                            0
<COMMON>                           0
<PREFERRED-MANDATORY>              0
<PREFERRED>                        0
<OTHER-SE>                 (112,421,185)
<TOTAL-LIABILITY-AND-EQUITY>  4,849,917
<SALES>                      25,753,220
<TOTAL-REVENUES>             25,753,220
<CGS>                        19,151,522
<TOTAL-COSTS>                19,151,522
<OTHER-EXPENSES>             14,235,222
<LOSS-PROVISION>                   0
<INTEREST-EXPENSE>                 0
<INCOME-PRETAX>              (7,633,524)
<INCOME-TAX>                       0
<INCOME-CONTINUING>          (7,633,524)
<DISCONTINUED>                     0
<EXTRAORDINARY>              20,000,000
<CHANGES>                          0
<NET-INCOME>                 12,366,476
<EPS-PRIMARY>                     64.05
<EPS-DILUTED>                     64.05



</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Land Management

          - [LLCO922000-L13100000-FI0000; COC73670]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Notice of Proposed Reinstatement of Terminated Oil and Gas Lease.

# SUMMARY:

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC73670 from Hannon & Associates Inc., for lands in Huerfano County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

# FOR FURTHER INFORMATION CONTACT:

Milada Krasilinec, BLM Land Law Examiner, Fluid Minerals Adjudication, at (303) 239-3767.

Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at (800) 877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

# SUPPLEMENTARY INFORMATION:

                    The lessee has agreed to the amended lease terms for rentals and royalties at rates of $5 per acre or fraction thereof, per year and 16                    2/3                     percent, respectively. The lessee has paid the required $500 administrative fee and $163 to reimburse the Department for the cost of this                     **Federal Register**                     notice. The lessee has met all the requirements for reinstatement of the lease as set out in Section 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the BLM is proposing to reinstate lease COC73670 effective December 1, 2010, under the original terms and conditions of the lease and the increased rental and royalty rates cited above.                

Steven Hall,

Acting State Director.

[FR Doc. 2012-4322 Filed 2-23-12; 8:45 am]

BILLING CODE 4310-JB-P
[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1719-1720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-369]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCA 942000 L57000000 BX0000]


Filing of Plats of Survey: California

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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

SUMMARY: The plats of survey and supplemental plats of lands described 
below are scheduled to be officially filed in the Bureau of Land 
Management California State Office, Sacramento, California, thirty (30) 
calendar days from the date of this publication.

ADDRESSES: A copy of the plats may be obtained from the California 
State Office, Bureau of Land Management, 2800 Cottage Way, Sacramento, 
California 95825, upon required payment.

[[Page 1720]]

    Protest: A person or party who wishes to protest a survey must file 
a notice that they wish to protest with the California State Director, 
Bureau of Land Management, 2800 Cottage Way, Sacramento, California, 
95825.

FOR FURTHER INFORMATION CONTACT: Chief, Branch of Geographic Services, 
Bureau of Land Management, California State Office, 2800 Cottage Way, 
Room W-1623, Sacramento, California 95825, (916) 978-4310.

SUPPLEMENTARY INFORMATION: These surveys and supplemental plats were 
executed to meet the administrative needs of various federal agencies; 
the Bureau of Land Management, Bureau of Indian Affairs, General 
Services Administration or US Forest Service. The lands surveyed are:

Humboldt Meridian, California

T. 13 N., R. 1 E., dependent resurvey, subdivision of sections and 
metes-and-bounds survey accepted December 6, 2011.

Mount Diablo Meridian, California

T. 29 S., R. 39 E., protraction diagram for unsurveyed area accepted 
December 6, 2011.
T. 12 N., R. 9 E., supplemental plat of the SW \1/4\ of section 5 
accepted December 14, 2011.
T. 14 N., R. 9 E., supplemental plat of the S \1/2\ of section 35 
accepted December 20, 2011.
T. 15 N., R. 9 W., dependent resurvey, subdivision, and metes-and-
bounds survey accepted December 27, 2011.

San Bernardino Meridian, California

T. 9 N., R. 20 W., amended plat of dependent resurvey, subdivision 
of sections 34 and 35, and metes-and-bounds survey accepted December 
20, 2011.


    Dated: January 4, 2012, Authority: 43 U.S.C., Chapter 3.
Lance J. Bishop,
Chief Cadastral Surveyor, California.
[FR Doc. 2012-369 Filed 1-10-12; 8:45 am]
BILLING CODE 4310-40-P
III 

113TH CONGRESS 

2D SESSION S. RES. 564 

Honoring conservation on the centennial of the passenger pigeon extinction. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2014 

Mr. BROWN (for himself and Mr. PORTMAN) submitted the following resolution; which was referred to the Committee on Environment and Public 

Works 

DECEMBER 16, 2014 

Committee discharged; considered, amended, and agreed to with an amended 

preamble 

RESOLUTION 

Honoring conservation on the centennial of the passenger 

pigeon extinction. 

Whereas the death of Martha, the last passenger pigeon, on 

September 1, 1914, at the Cincinnati Zoo, and the extinction of the passenger pigeon helped to catalyze the 

American conservation movement of the early 20th century, resulting in new laws and practices that prevented 

the extinction of many species; 

Whereas the story of the passenger pigeon can serve to encourage communities to explore connections between humans and the natural world, and inspire people to build 

sustainable relationships with other species; 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•SRES 564 ATS 

Whereas the passenger pigeon (Ectopistes migratorius) was 

once the most abundant bird in North America, with a 

population exceeding 3,000,000,000 and with flocks so 

large that they could darken the skies for hours and even 

days at a time; 

Whereas due to unregulated market hunting in the 19th century and deforestation, the passenger pigeon population 

plummeted toward extinction; 

Whereas Project Passenger Pigeon, a consortium of over 150 

institutions, scientists, conservationists, educators, artists, musicians, filmmakers, and others throughout the 

Nation, is using the centenary of the extinction of the 

species to tell the story of the passenger pigeon; and 

Whereas the story of the passenger pigeon, once a symbol of 

never-ending natural abundance, and its subsequent extinction is unique in the annals of the history of the 

United States: Now, therefore, be it 

1 Resolved, That the Senate commemorates the impor2 tance of this centenary, our natural heritage, the sustain3 ability of our ecosystem, and the balanced and responsible 

4 conservation of our Nation’s wildlife. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
TS-CKHI02

Attachment #8

Pt. 2, Sec. B, End 

Worker/Occupational Exposure and Environmental Release Information on the 

New Chemical Substance at Industrial Sites Controlled by Others
Order entered March 26, 2015

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 14
- 01218
- CV STARWOOD MANAGEMENT, LLC, BY AND THROUGH NORMA GONZALEZ, Appellant V. DON SWAIM , ET AL. , Appellee s On Appeal from the 193rd Judicial Distric t Court

Dallas County, Texas Trial Court Cause No. DC
- 13
- 12760
- L



### O RDER
We GRANT appellees’ March 23, 2015 unopposed second motion for an extension of time to file a brief. Appellees shall file a brief by APRIL 27, 2015 . We caution appellees that no fur ther extension will be granted absent extraordinary circumstances.

/s/ ELIZABETH LANG

- MIERS JUSTICE
<PAGE>   1
                                                          EXHIBIT 23.1


The Board of Directors
Serv-Tech, Inc.:

We consent to incorporation by reference in the registration statement No.
33-62139 on Form S-8 of Serv-Tech, Inc. of our reports dated February 26,
1997, relating to the consolidated balance sheets of Serv-Tech, Inc. and
subsidiaries as of December 31, 1996 and 1995, and the related consolidated
statements of operations, changes in stockholders' equity and cash flows for
each of the years in the two-year period ended December 31, 1996, and the
related consolidated financial statement schedule, which reports appear in the
December 31, 1996 annual report on Form 10-K of Serv-Tech, Inc.

                                                KPMG PEAT MARWICK LLP

Houston, Texas
March 27, 1997
Jonathan B. Hill 

T: +1 202 776 2725 

jhill@cooley.com 

VIA EMAIL TRANSMISSION 

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM 

December 17, 2014 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

 Re: FAA Docket 2014-0715; Exemption Request Under Section 333 of the FAA 

 Modernization and Reform Act of 2012 and 14 C.F.R. Part 11 

Dear Sir or Madam: 

 With this letter, AeroVironment (AV) amends its application for a Section 333 exemption 

filed in the captioned docket to request Summary Approval of its exemption based upon its 

willingness to accept the relevant conditions for commercial operations contained in Exemption 

No. 11110 issued to Trimble Navigation LTD. on December 10, 2014. In all other respects, 

AeroVironment reaffirms it applications and related exhibits as contained in the captioned 

docket. 

 Specifically, AV will accept the following conditions and limitations: Conditions and 

Limitations 3-15; 17-35 in Exemption 11110. As to pilot training, AV refers the FAA to Exhibit 

6, AV Pilot Training conduct Support Document dated May 4, 2012.1

 As this amended exemption request conforms to an exemption already granted, notice of 

the amendment does not need to be published in the Federal Register, and AV requests that it 

receive summary approval of its Amended Exemption. 

 

 

1

 Should this request delay or otherwise impede or delay the processing of the Exemption in Docket 2014-0715, as 

originally filed, due to the fact that the FAA is prepared to issue an exemption to AV as originally filed sooner than 

it would if it proceeded with this amended application, AV respectfully asks that the FAA disregard this filing and 

proceed with the original filing. 
December 17, 2014 

Page Two

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM 

 Should there be any questions concerning this Amendment or any other matter related to 

AV’s exemption in this or any other docket, please contact the undersigned. 

Sincerely yours, 

Jonathan B. Hill 

M. Anne Swanson 

Counsel for AeroVironment, Inc. 

cc: James Williams 

 Robert Pappas 

 Jake Troutman 

 Dean Griffith 

 Joseph Morra 

 Thuy Cooper
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**1250 KA 14-00339** 
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND VALENTINO, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

RICKEY F. DILLEY, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BARBARA J. DAVIES OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DAVID A. HERATY OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendiges, J.), rendered January 21, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal contempt in the first degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal contempt in the first degree (Penal Law § 215.51 [b] [v]), defendant contends that his waiver of the right to appeal is unenforceable and that his sentence is unduly harsh and severe. Although we agree with defendant that the waiver of the right to appeal does not encompass his challenge to the severity of his sentence “inasmuch as there is no indication in the record of the plea allocution that defendant was waiving his right to appeal the severity of the sentence[]” ( People v Doblinger , 117 AD3d 1484, 1485; see People v Maracle , 19 NY3d 925, 928), we nevertheless perceive no basis in the record to disturb the sentence. We note that defendant has two prior felony convictions and showed no remorse for his conduct in this

case.

We reject defendant’s further contention that Supreme Court misstated the facts at sentencing by stating that “this was a very violent event” and that defendant presented “serious safety concerns” for the victim and the community at large. According to the presentence report, which the court reviewed prior to sentencing, the victim stated that defendant yanked her by the hair and caused her head to strike the wall. In her victim impact statement, the victim stated that her “head was split open from [her] left temple to the middle of the top of [her] skull,” and that she needed 35 staples and 27 stitches to close the wound. Although defendant told the police**-2- 1250 KA 14-00339** 

that the victim lost her balance when she “came swinging” at him and then struck her head on the wall, the court was not obligated to accept defendant’s exculpatory version of the incident.

Finally, defendant contends that the court, in setting the expiration date of the orders of protection, failed to give him credit for the time he had served in jail on the charge herein. That contention is unpreserved for our review ( see CPL 470.05 [2]) and, in any event, it is without merit inasmuch as CPL 530.12 (5) (A) (i) authorized the court to fix the duration of the orders of protection at eight years from the date of sentencing.

Entered: November 20, 2015 Frances E. Cafarell Clerk of the Court
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July 30, 2015

In accordance with the enclosed Memorandum Opinion, below is the judgment in the numbered cause set out herein to be entered in the Minutes of this Court as of the 30th day of July, 2015.

10-14-00141-CR	JAMES KENNETH KEELS, JR. v. THE STATE OF TEXAS - ON APPEAL FROM THE COUNTY COURT AT LAW OF NAVARRO COUNTY - TRIAL COURT NO. C-34855-CR – AFFIRMED - Memorandum Opinion by Justice Davis:

	“This cause came on to be heard on the transcript of the record of the Court below, and the same being considered, because it is the opinion of this Court that there was no error in the judgment, it is ordered, adjudged and decreed by the Court that the judgment be in all things affirmed, and that the appellant pay all costs in this behalf expended and that this decision be certified below for observance.”

# image1.png
Exhibit 32.2





CERTIFICATION OF CO-CHIEF EXECUTIVE OFFICER


PURSUANT TO 18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Mark Gatto, Co-Chief Executive Officer, in connection with the Quarterly Report of CĪON Investment Corporation (the “Company”) on Form 10-Q for the quarter ended June 30, 2017, as filed with the Securities and Exchange Commission on the date hereof (the “Quarterly Report”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





|   |                                                                                                                                            
|-- | -------------------------------------------------------------------------------------------------------------------------------------------
|1. | The Quarterly Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

|   |                                                                                                                                                               
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------
|2. | The information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: August 11, 2017


/s/ Mark Gatto


Mark Gatto


Co-Chief Executive Officer


(Principal Executive Officer)


CĪON Investment Corporation