alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Greater New York Savings Bank, Respondent, v Travelers Insurance Company, Appellant, and Edward N. Rose et al., Defendants.

In an action to recover on a homeowners insurance policy for fire loss, the defendant Travelers Insurance Company appeals from so much of an order of the Supreme Court, Queens County (Leviss, J.), dated September 15, 1989, as denied its motion for summary judgment dismissing the complaint insofar as it is asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff The Greater New York Savings Bank (hereinafter Greater), in its capacity as the mortgagee of the insured premises, asserted a claim for fire loss under an insurance policy issued by the defendant Travelers Insurance Company (Travelers). Travelers disclaimed coverage approximately nine months after it was first notified of Greater’s claim and six months after having been informed that there had been a change in occupancy of the subject premises. The basis of Travelers’ disclaimer was Greater’s failure to afford prior written notice of the change in occupancy.

Notwithstanding the existence of a "non-waiver” agreement executed by Greater about three months after filing its claim, which provided, *inter alia,*that Travelers’ investigation of the claim would not constitute an admission of liability and reserved all rights and defenses available to Travelers under the policy, the court found that material issues of fact, with regard to the reasonableness of Travelers’ delay in denying coverage and the resulting prejudice to Greater, precluded the granting of summary judgment in this case. We agree.

The non-waiver agreement executed by Greater was not dispositive of the claim inasmuch as it merely allowed Travelers to ascertain the actual value of the property, to determine the amount of the loss, and to investigate the cause of the fire, without waiving its rights under the policy. It did not permit Travelers to unreasonably delay the exercise of those rights, to the detriment of the insured *(see, Allstate Ins. Co. v Gross,*27 NY2d 263, 269).

*522Although mere delay in disclaiming coverage does not suffice to estop an insurer from disavowing liability, the doctrine of estoppel has been applied where the insured has been prejudiced as a result of unreasonable delay in failing to disclaim *(see,*69 NY Jur 2d, Insurance, § 1285, at 746; *O’Dowd v American Sur. Co.,*3 NY2d 347, 355). Inasmuch as issues of fact were raised with respect to both the reasonableness of the delay and the resulting prejudice to Greater, summary judgment was properly denied. Mangano, P. J., Bracken, Kunzeman and Miller, JJ., concur.
Exhibit 32

CERTIFICATION PURSUANT TO SECTION

1350 OF CHAPTER 63 OF TITLE 18

OF THE UNITED STATES CODE AS

ADOPTED
PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the filing of the Quarterly Report on Form 10-Q of Cadence Pharmaceuticals, Inc. (Cadence) for the
quarterly period ended June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned officers of Cadence, hereby certifies, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that, to our knowledge:

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

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

The undersigned have executed this Certification effective as of August 6, 2009.



/s/ THEODORE R. SCHROEDERTheodore R. SchroederPresident, Chief Executive Officer andDirector(Principal Executive Officer)/s/ WILLIAM R. LARUEWilliam R. LaRueSenior Vice President, Chief FinancialOfficer,Treasurer and Assistant Secretary(Principal Financial and Accounting Officer)


The foregoing certification is being furnished solely to accompany the
Report pursuant to 18 U.S.C. Section 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of Cadence, whether made
before or after the date hereof, regardless of any general incorporation language in such filing. A signed original of this written statement required by Section 906 has been provided to Cadence and will be retained by Cadence and furnished to
the Securities and Exchange Commission or its staff upon request.
# L_2006092EN.01000501.xml

| 30.3.2006 | EN | Official Journal of the European Union | L 92/5 |
| --- | --- | --- | --- |

30.3.2006

EN

Official Journal of the European Union

L 92/5

---

COMMISSION REGULATION (EC) No 506/2006

of 29 March 2006

amending Regulation (EC) No 1061/2005 as regards the quantity covered by the standing invitation to tender for the export of common wheat held by the Polish intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1061/2005 (2) opened a standing invitation to tender for the export of 250 000 tonnes of common wheat held by the Polish intervention agency. |
| --- | --- |

(1)

Commission Regulation (EC) No 1061/2005 (2) opened a standing invitation to tender for the export of 250 000 tonnes of common wheat held by the Polish intervention agency.

| (2) | Poland has informed the Commission of its intervention agency’s intention to increase by 250 000 tonnes the quantity put out to tender for export. In view of the quantities available and the market situation, the request made by Poland should be granted. |
| --- | --- |

(2)

Poland has informed the Commission of its intervention agency’s intention to increase by 250 000 tonnes the quantity put out to tender for export. In view of the quantities available and the market situation, the request made by Poland should be granted.

| (3) | Regulation (EC) No 1061/2005 should therefore be amended. |
| --- | --- |

(3)

Regulation (EC) No 1061/2005 should therefore be amended.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

Article 2 of Regulation (EC) No 1061/2005 is replaced by the following:

‘Article 2

The invitation to tender shall cover a maximum of 500 000 tonnes of common wheat for export to third countries with the exception of Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the former Yugoslav Republic of Macedonia, Liechtenstein, Romania, Serbia and Montenegro (*1) and Switzerland.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 March 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

1

(2)  
  OJ L 174, 7.7.2005, p. 24.

2

---
5worable John C. Marburger 

county Atiorney 

R?yette County 

IAGranr,a,. Texas 

Dear Sir: Opinion No. O-d4ilO 

Re: Term of person appointed to i'ill 

vacancy in membership of the Board 

of Trustees of La Grange Independent 

School District. 

We are in receipt of your recent communication requesting an opinion from 

this depurtme?t on the above stated matter. The specific question 

submitted by you is: 

"If s vacancy occws by resignation on the Board of 

Trustees of the La Grange Independent School District 

and such vacancy is filed by appointment by the 

reollining Board Members, does such appointee serve 

until the next Trustee Electlon or does he serve for the 

unes:>irid term of the resigned member? 

After carefuliy considering the provisions of our statutes relating to 

the filling of vacancies in the mem'Dership of aoards of TrLISteeS of 

independent Schocl Districts, it is our opinion that the provisions of 

Article 27'7, Vernon's Annotated Civil Statutes, are applicable to the 

LaG-enge Independent School District. 

:Jith -9erence to the filling of vacancies in the membershis oL boards of 

trustees of independent school districts, 3ticl.e 2777, V. A. C. S., 

provides: 

"The members of the board remaining after a vacancy shall fill 

khe same for the unexpired term."' 

in view of the foregoing, it is our opin:on that when the Board of 

Trustees of La Grange Independent School Di.strict;fills a vacancy in the 

membership of said Board by appointment, the appointee is entitled to 

serve for the unexpired term of his or her predecessor. 
Honorable John C. Marburger, page #2 o-6480 

Trusting that the foregoing satisfactorily answers your inquiry, we 

remain 

Yours very truly 

ATTORNEY QXEZALOFTEXAS 

s/ J. A. Ellis 

BY 

J. A. Ellis 

Assistant 

JAE:ddt/ldw 

APPROVED MkR.27, 1945 

s/ Carlos C. Ashley 

FIRST ASSISTANT, 

AWORNEY GENERAL 

APPROVED OPINION COMMITTEE 

BY B. W. B. 

CHAIRMAN
#### Rebecca Sims LORD, Plaintiff and Respondent, v. David George LORD, Defendant and Appellant.

No. 19167.

Supreme Court of Utah.

Oct. 24, 1985.

Daniel A. Stratton, Salt Lake City, for defendant and appellant.

Michael D. Hughes, St. George, for plaintiff and respondent.

PER CURIAM:

Defendant appeals from a supplemental decree and judgment pertaining to distribution of property incident to a divorce decree filed on January 31, 1983. We dismiss the appeal as untimely.

On March 1, 1983, defendant mailed his motion to vacate judgment to court and opposing counsel. We accord that motion a liberal construction under Rule 1(a) of the Utah Rules of Civil Procedure, and interpret it to have been brought under Rule 52(b) or Rule 59 of the rules. Both rules mandate that a motion pursuant thereto must be made no later than ten days after judgment to terminate the running of the time for appeal. Utah R. Civil P. 73(a), in effect at the time here at issue. Defendant’s motion was mailed twenty-nine days after entry of judgment, so that the time for appeal was not tolled and ended on February 28, 1983. Rule 73(a), *supra. Armstrong Rubber Co. v. Bastian,*Utah, 657 P.2d 1346 (1983).1 Defendant’s motion was denied on March 21. Defendant then prepared a notice of appeal which is dated the 12th of April. However, the mailing certificate does not show on what date it was mailed. The notice was filed in the district court on April 25th, thirty-five days after the entry of the order denying the motion. The date of filing determines timeliness. *Isaacson v. Dorius,*Utah, 669 P.2d 849 (1983). This Court therefore lacks jurisdiction to reach the merits of either the *339supplemental judgment or the order denying defendant’s motion.

Appeal dismissed.

1

. Even if we considered defendant’s motion to have been brought under Rule 60(b), the outcome of this case would still be the same. Rule 60(b) motions do not toll the time for appeal.
EXHIBIT 32.1

CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(18 U.S.C. SECTION 1350)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of section 1350, chapter 63 of title 18, United States Code), each
of the undersigned officers of Vital Products, Inc., a Delaware corporation
(the "Company"), does hereby certify, to such officer's knowledge, that:

The quarterly report on Form 10-Q for the quarter ended January 31, 2011 (the
"Form 10-Q") of the Company fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the
information contained in the Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the Company.


Date: March 22, 2011


By: /s/ Michael Levine
----------------------------------------
Michael Levine, Chief Executive Officer,
Principal Executive Officer, President,
Chairman of the Board and Director



By: /s/ Michael Levine
----------------------------------------
Michael Levine, Chief Financial Officer,
Principal Financial Officer and
Principal Accounting Officer

<PAGE>
Exhibit 23(a)

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We  consent  to  the incorporation by reference in the registration statement on
Form  S-8  (Registration Nos. 333-16939, 333-33276 and 333-117057) of our report
dated  February  15,  2006, except note 4 as to which the date is March 3, 2006,
relating  to  our  audit of the financial statements for the year ended December
31,  2005  of Clean Diesel Technologies, Inc. included in the 2005 annual report
on  Form  10-K.




/s/  Eisner  LLP
New  York,  New  York
March  24,  2006
II 

111TH CONGRESS 

1ST SESSION S. 2089 

To suspend temporarily the duty on certain mixtures of perfluorocarbons. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Ms. KLOBUCHAR introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on certain mixtures of 

perfluorocarbons. 

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

3 SECTION 1. CERTAIN MIXTURES OF PERFLUOROCARBONS. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 Mixtures of C5–C18 

perfluorocarbon alkanes, 

perfluorocarbon amines, and/ 

or perfluorocarbon ethers 

(CAS No. 86508–42–1) (provided for in subheading 

3824.90.92) ........................... Free No change No change On or before 

12/31/2011 ’’. 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 2089 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
**Exhibit 32.1**

 

Certification ofPrincipal Executive Officer

Pursuant to 18U.S.C. § 1350,

As AdoptedPursuant to

Section 906of the Sarbanes-Oxley Act of 2002

 

In connection with theQuarterly Report of Reef Global Energy VI, L.P. (the “Partnership”) on Form 10-Qfor the quarter ended March 31, 2008 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Michael J. Mauceli,principal executive officer of Reef Oil & Gas Partners, L.P., themanaging general partner of Reef Global Energy VI, L.P., certify, pursuant to18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:

 

(1)                                  The Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)                                  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Partnership.

 
| Date: May 20, 2008 |   | Reef Oil & Gas  Partners, L.P.        |
|-------------------------|--------|------------------------------------------------|
|                    |   | Managing General  Partner                      |
|                    |   |                                           |
|                    |   | By: Reef Oil &  Gas Partners, GP, LLC |
|                    |   |                                           |
|                    |   | /s/ Michael J. Mauceli                         |
|                    |   | Michael J. Mauceli                             |
|                    |   | Manager and Member                             |
|                    |   | (Principal Executive  Officer)                 |

 

Thiscertification accompanies the Report pursuant to § 906 of the Sarbanes-OxleyAct of 2002 and shall not, except to the extent required by the Sarbanes-OxleyAct of 2002, be deemed filed by the Partnership for purposes of § 18 of theSecurities Exchange Act of 1934, as amended.

 

Asigned original of this written statement required by § 906 has been providedto the Partnership and will be retained by the Partnership and furnished to theSecurities and Exchange Commission or its staff upon request.

 

----
Exhibit
32
 CERTIFICATIONS
 
 
 Certification
of CEO and CFO Pursuant to18 U.S.C. Section 1350
 
 
 The
undersigned, Michael L. Asmussen and Ann B. Ruple, in their capacities as Chief
Executive Officer and Chief Financial Officer, respectively, of Clean Diesel
Technologies, Inc. (the “Registrant”) do each hereby certify with respect to the
Annual Report on Form 10-K of the Registrant for the period ended December 31,
2008, as filed with the Securities and Exchange Commission on the date thereof
(the “Report”), that, to the best of his or her 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 Registrant as of, and for,
the periods presented in this Report.
 
 
 /s/  Michael L.
      AsmussenMichael
      L. AsmussenPresident,
      Chief Executive Officer and DirectorMarch
      16, 2009/s/  Ann B. RupleAnn
      B. RupleChief
      Financial Officer, Vice President and TreasurerMarch
      16, 2009
 
 Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (the “Act”), this certification
accompanies the Report and shall not, except to the extent required by the Act,
be deemed filed by Registrant for purposes of Section 18 of the Securities
Exchange Act of 1934, as amended.
 
 A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, has been provided to Clean Diesel Technologies, Inc. and will be
retained by Clean Diesel Technologies, Inc. and will be furnished to the
Securities and Exchange Commission or its staff upon request.
**Exhibit
      32.2**







**RAVEN
      GOLD CORP.**





**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 Raven Gold Corp. on Form 10-QSB for
      the
      period ended October 31, 2007 as filed with the Securities and Exchange
      Commission on the date hereof (the “Report”), I, Bashir Virji, Chief Financial
      Officer of the Company, certify, pursuant to 18 U.S.C. ss.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 results of operations of the Company.





A
      signed
      original of this written statement required
      by
      Section 906 has been
      provided to Raven Gold Corp. and
      will be retained by Raven Gold Corp. and furnished to the Securities and
      Exchange Commission or its staff upon request.




December
                14, 2007
            By:
            /s/ *Bashir
              Virji*Bashir
              VirjiChief
                Financial Officer, actingPrincipal
                Financial Officer,
                andacting Principal
                Accounting Officer
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2134 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2134

    To suspend temporarily the duty on Poly-Pale, 25 KG Bag, China.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

  Mr. Alexander (for himself and Mr. Corker) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
    To suspend temporarily the duty on Poly-Pale, 25 KG Bag, China.

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

SECTION 1. POLY-PALE, 25 KG BAG, CHINA.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      Dimerized gum       Free         No change        No change        On or before 12/  ''.
                        (100%) rosin,                                                      31/2011.......
                        catalyzed with
                        sulfuric acid,
                        softening point
                        not less than 92
                        degrees
                        centigrade, acid
                        number not less
                        than 140, (CAS
                        No. 65997-05-9)
                        (provided for in
                        subheading
                        3806.90.00)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of enactment of this Act.
                                 <all>
```
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

KWILSON COLEMAN,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 706 MAL 2020

Petition for Allowance of Appeal

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 2nd day of June, 2022

, the Petition for Allowance of Appeal is

DENIED

.
|   | (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 fully presents, in all material respects, the financial condition and results of operations or the Company. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

|   | Global Gate Property Corp. |                                                                         |
|--------|----------------------------|------------------------------------------------------------------------------|
|   |                       |                                                                         |   |
|   | By:                        | /s/ Gary S. Ohlbaum                                                          |   |
|   |                       | Gary S. OhlbaumPresident, Chief Executive OfficerChief Financial Officer and |   |
|   |                       |                                                                         |   |
|   |                       |                                                                         |   |