alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Bonnie Kwoh, Appellant, v Delum Builders & Suppliers, Inc., et al., Respondents.

Order, Supreme Court, New York County (Lawrence Kahn, J.), entered May 1, 1990, which, *inter alia,*granted defendants’ motion *in limine*for an order precluding certain evidence at trial pursuant to CPLR 4519, unanimously affirmed, without costs.

Plaintiff brought an action alleging, among other things, breach of contract, conversion and breach of fiduciary duty against her aunt, defendant Catherine L. Ho, who sold all of the outstanding stock of defendant Delum to defendant S.S.D. following the death of defendant Ho’s husband (the deceased). The assets of Delum included three buildings which plaintiffs family corporation at one time owned, and in which they continue to reside. In 1978, the Kwoh’s experienced financial difficulties, and sought assistance from the deceased, who, through defendant Delum, acquired the buildings at a foreclosure sale. Plaintiff claims that the deceased agreed to give her a 50% interest in Delum in exchange for a small capital contribution, and the assistance of her mother in managing the three brownstones.

Plaintiff now argues that the Dead Man’s Statute (CPLR 4519) should not be applied to preclude her (and her mother) from testifying with respect to prior communications with the deceased, because the underlying action is not against the estate of the deceased, but rather, against the decedent’s wife individually, for her alleged "misconduct” in selling ownership of the realty corporation following the death of her husband. To the contrary, plaintiffs testimony, being offered in derogation of the interest of a survivor of the deceased, who derived her interest in the corporate assets "from, through or under” the decedent, is barred by the statute *(Apple Corps v Adirondack Group,*124 Misc 2d 351). Further, plaintiffs mother is a "person” "interested” in the outcome of the action insofar as she stands to lose—should there be an adverse judgment— capital contributions she allegedly made at the time of the foreclosure purchase, as well as her family’s continued occupancy of one of the brownstones *(see generally, Matter of Manchester,*279 App Div 254).

*327Plaintiff contends that the laws of the State of California should govern the instant proceeding, as the decedent’s estate is subject to probate in California. We disagree. The property is located in New York *(Plum Tree v Winston Corp.,*351 F Supp 80), the action was brought in New York *(Matter of Cepeda [Cohane],*233 F Supp 465) and the transactions underlying the foreclosure sale took place in New York. Concur— Murphy, P. J., Sullivan, Ellerin, Ross and Rubin, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
consolidated financial statements of Personnel Group of America, Inc. for the
year ended December 29, 1996 and is qualified in its entirety by reference to
such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-29-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-29-1996
<CASH>                                           6,087
<SECURITIES>                                         0
<RECEIVABLES>                                   68,917
<ALLOWANCES>                                    (1,068)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                80,807
<PP&E>                                          15,539
<DEPRECIATION>                                  (7,694)
<TOTAL-ASSETS>                                 314,327
<CURRENT-LIABILITIES>                           44,095
<BONDS>                                         78,875
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           120
<OTHER-SE>                                     183,137
<TOTAL-LIABILITY-AND-EQUITY>                   314,327
<SALES>                                        366,545
<TOTAL-REVENUES>                               366,545
<CGS>                                          263,277
<TOTAL-COSTS>                                  270,966
<OTHER-EXPENSES>                                 5,969
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,432
<INCOME-PRETAX>                                 19,849
<INCOME-TAX>                                     8,332
<INCOME-CONTINUING>                             11,517
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    11,517
<EPS-PRIMARY>                                     1.13
<EPS-DILUTED>                                     1.13
        

</TABLE>
Exhibit 23.1



Consent of Independent Registered Public Accounting Firm



The Board of Directors

Diedrich Coffee, Inc.:



We consent to the incorporation by reference in the registration statements
(Nos. 333-111669, 333-66744, 333-74626, 333-52190, 333-61269, 333-50412, 333-61271, 333-50127, 333-50129) on Form S-8 and Form S-3 of Diedrich Coffee, Inc. of our report dated August 20, 2004, except as to Note 2, which is as of September 22, 2005,
with respect to the consolidated balance sheets of Diedrich Coffee, Inc. and subsidiaries as of June 30, 2004 and July 2, 2003, and the related consolidated statements of operations, stockholders equity, and cash flows for each of the years in
the three-year period ended June 30, 2004, and the related financial statement schedule, which report appears in the June 30, 2004, annual report on Form 10-K/A of Diedrich Coffee, Inc.



Our audit report refers to the restatement of the consolidated financial statements for all periods presented.



|                      
|----------------------
|/s/ KPMG LLP          
|                      
|Costa Mesa, California
|September 22, 2005
#### In the Matter of 30 Seaman Avenue Company, Appellant, v Richard Higgins, as Commissioner of the New York State Division of Housing and Community Renewal, et al., Respondents.

Order and judgment (one paper), Supreme Court, New York County (Martin Schoenfeld, J.), entered on December 27, 1990, which, *inter alia,*granted the petitioner’s CPLR article 78 petition challenging a final order of respondent Division of Housing and Community Renewal (DHCR) dated January 30, 1990 only to the extent of remanding the proceeding to the DHCR for determination of amount, if any, of damages that should be awarded for such periods of time in which respondent Brenda Ratliff did not pay rent to petitioner and for a modification of the treble damages award accordingly, and otherwise denied the article 78 petition, and granted respondent Ratliff judgment against the petitioner in the amount of $19,632.33, unanimously modified, on the law and the facts and in the interest of justice, to delete the last two decretal paragraphs, and otherwise affirmed. Judgment of the same court entered on January 7, 1991, in favor of respondent Ratliff in the total amount of $23,984.46, unanimously reversed, on the law, the facts and in the exercise of discretion, and vacated without prejudice to the entry of a judgment in favor of respondent Ratliff on the basis of respondent DHCR’s determination on remand, without costs.

On appeal, DHCR concedes, and we agree that a final money judgment should not have been entered in favor of the tenant until after DHCR renders a final order on the remand, to which DHCR consented. Otherwise, we find the determination of DHCR that there was a willful overcharge of rent, despite allegations of improvements made to the subject apartment for the period December 1, 1986 through August 31, 1988, supported by the record. The landlord had ample opportunity to demonstrate the legitimate expenditure of $12,160 and failed to do so *(see, Matter of 985 Fifth Ave. v State Div. of Hous. & Community Renewal,*171 AD2d 572).

*372We have reviewed petitioner’s remaining arguments and find them to be without merit. Concur—Sullivan, J. P., Carro, Rosenberger, Ross and Smith, JJ.
----

----

| (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. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| August      8, 2008 | /s/      David J. Bryant                                  |
|---------------------|-----------------------------------------------------------|
|                | David      J. Bryant                                      |
|                | Chief      Financial Officer and Chief Accounting Officer |
|                |                                                      |

----

----
EXHIBIT 32.1

CERTIFICATION OF
CHIEF EXECUTIVE OFFICER OF
TORO VENTURES INC.
FORM 10-Q FOR THE  NINE MONTH PERIOD ENDED MARCH 31, 2011
PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Joseph Arcaro, am the
Chief Executive Officer of Toro Ventures Inc., a Nevada corporation (the "Company"). I am delivering this
certificate in connection with the Quarterly Report on Form 10-Q of the Company for the  nine month period ended March 31,
2011 and filed with the Securities and Exchange Commission ("Quarterly Report").

Pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I hereby certify that, to the best of my knowledge, the Quarterly
Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 and that the
information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of
operations of the Company.



|Date: June 17, 2013                                                                     
|----------------------------------------------------------------------------------------
|By: /s/ Joseph Arcaro
        Joseph Arcaro
        Chief Executive Officer and Director
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 Force Minerals Corporation, (the “Company”) on Form 10-Q for the quarter ending August 31, 2015, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Nate Lewis, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:  (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/Nate Lewis By: Nate Lewis Principal Executive Officer and Principal Financial Officer Dated: October 15, 2015  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 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.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1774 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1774

               For the relief of Hotaru Nakama Ferschke.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 13, 2009

  Mr. Webb (for himself, Mr. Alexander, Mr. Corker, and Mr. Udall of 
   Colorado) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
               For the relief of Hotaru Nakama Ferschke.

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

SECTION 1. PERMANENT RESIDENT STATUS FOR HOTARU NAKAMA FERSCHKE.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Hotaru Nakama Ferschke 
shall be eligible for issuance of an immigrant visa or for adjustment 
of status to that of an alien lawfully admitted for permanent residence 
upon filing an application for issuance of an immigrant visa under 
section 204 of such Act or for adjustment of status to lawful permanent 
resident.
    (b) Adjustment of Status.--If Hotaru Nakama Ferschke enters the 
United States before the filing deadline specified in subsection (c), 
she shall be considered to have entered and remained lawfully and 
shall, if otherwise eligible, be eligible for adjustment of status 
under section 245 of the Immigration and Nationality Act as of the date 
of the enactment of this Act.
    (c) Deadline for Application and Payment of Fees.--Subsections (a) 
and (b) shall apply only if the application for issuance of an 
immigrant visa or the application for adjustment of status is filed 
with appropriate fees within 2 years after the date of the enactment of 
this Act.
    (d) Reduction of Immigrant Visa Number.--Upon the granting of an 
immigrant visa or permanent residence to Hotaru Nakama Ferschke, the 
Secretary of State shall instruct the proper officer to reduce by 1, 
during the current or next following fiscal year, the total number of 
immigrant visas that are made available to natives of the country of 
the alien's birth under section 203(a) of the Immigration and 
Nationality Act or, if applicable, the total number of immigrant visas 
that are made available to natives of the country of the alien's birth 
under section 202(e) of such Act.
                                 <all>
```
<PAGE>


                                                                      EXHIBIT 23


INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in the Registration Statements
(Nos. 33-98440, 33-98444, 33-98442, 33-98446, 333-21799, 333-21795, 333-70599,
333-35812, 333-35814, and 333-50322) on Form S-8 and the Registration Statements
(Nos. 333-94757 and 333-50494) on Form S-3 of CheckFree Corporation of our
reports dated August 8, 2002, appearing in and incorporated by reference in the
Annual Report on Form 10-K of CheckFree Corporation for the year ended June 30,
2002.

/s/ Deloitte & Touche LLP

Atlanta, Georgia
September 25, 2002
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 Alternate Marketing Networks,
Inc., a Delaware corporation (the "Company"), on Form 10-KSB for the year
ending December 31, 2002 as filed with the Securities and Exchange Commission
(the "Report"), the undersigned Chief Executive Officer of the Company does
hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that, to the knowledge of the
undersigned:

     (1) The Report fully complies with the requirements of Section 13 (a) or
15(d), as applicable, 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 as of the date(s) and for the period(s) indicated.



     Date: March 31, 2003      By:     /s/Adil Khan
                                  Name:   Adil Khan
                                  Title:  Chief Executive Officer
FPL PEEC Cultural Reources Assessment

Kosky, Ken to: Andrew Parks 08/02/2012 12:02 PM

Cc: "Andy.Flajole@fpl.com", "Foster, Stacy (Stacy.Foster@fpl.com)", 

"Sobol, Justin (Justin.Sobol@fpl.com)"

Andrew: The cultural resources assessment is included in the Site Certification Application 

(SCA) as Appendix 10.7.2. This appendix is the desktop analysis and a site visit although 

actual shovel tests were not conducted due to the nature of the site. The SCA was sent to Laura 

A. Kammerer, Historic Preservationist Supervisor, Florida Bureau of Historical Resources, 

Bureau of Historic Preservation, Division of Historical Resources, R. A. Gray Building, Room 

423, 500 South Bronough Street, Tallahassee, Florida 32399 in January 2012. This agency is a 

party of the SCA process and is the designated State Historic Preservation Officer (SHPO) for 

Florida. Let me know if you have problems finding the cultural analysis or any questions. 

Regards, Ken

Kennard F. Kosky, P.E. | Principal | Golder Associates Inc.         

6026 NW 1st Place, Gainesville, Florida, USA 32607          

T: +1 (352) 336-5600 | F: +1 (352) 336-6603 | E: Ken_Kosky@golder.com | www.golder.com          

Work Safe, Home Safe  

This email transmission is confidential and may contain proprietary information for the exclusive use of the intended recipient. Any

use, distribution or copying of this transmission, other than by the intended recipient, is strictly prohibited. If you are not the intended 

recipient, please notify the sender and delete all copies. Electronic media is susceptible to unauthorized modification, deterioration, 

and incompatibility. Accordingly, the electronic media version of any work product may not be relied upon.    

Golder, Golder Associates and the GA globe design are trademarks of Golder Associates Corporation.    

Please consider the environment before printing this email.
#### The People of the State of New York, Respondent, v Earl Davis, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered August 8, 1989, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention to the contrary notwithstanding, the Supreme Court did not improvidently exercise its discretion when ruling that the prosecutor could cross-examine the defendant about the facts underlying his prior convictions for theft-related offenses rather than restricting inquiry to the mere fact of their existence. Those convictions, which were dissimilar to the crimes for which the defendant was then being tried, were material and relevant on the issue of the defendant’s credibility *(see, People v Sandoval,*34 NY2d 371, 377), and the Supreme Court was not obliged to make use of the *"Sandoval*Compromise” *(see, People v Padilla,*123 AD2d 364; *People v Hicks,*88 AD2d 519; *see also, People v Bearthea,*171 AD2d 751; *People v Hamilton,*171 AD2d 882). Moreover, the sentence was not excessive *(see, People v Suitte,*90 AD2d 80). Kooper, J. P., Harwood, Rosenblatt and Ritter, JJ., concur.
EXHIBIT 32.1

CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Triple Crown Media, Inc. (the Company) on Form 10-Q for the fiscal quarterly period ended December 31, 2006 as filed
with the Securities and Exchange Commission on the date therein specified (the Report), the undersigned Chief Executive Officer of the Company, certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that to the best of his individual knowledge and belief:



|(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: February 19, 2008



|        |  |                                      
|------- |  | -------------------------------------
|Signed: |  | /s/ ROBERT S. PRATHER, JR.           
|        |  | Robert S. Prather, Jr.               
|        |  | President and Chief Executive Officer

The foregoing certification is being furnished pursuant to 18 U.S.C. Section 1350. It 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 the Company, regardless of any general incorporation language in said filing.
<PAGE>   1
                                                                    EXHIBIT 23.1


               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
(Forms S-8, No. 333-17029, 333-58955, 333-87183 and 333-91607) pertaining to the
1996 Equity Incentive Plan, Employee Stock Purchase Plan, 1996 Non-Employee
Directors' Stock Option Plan, Non-Plan Option Grants and the 1999 Non-Officer
Equity Incentive Plan and in the Registration Statements (Forms S-3, No.
333-41649, 333-50505 and 333-87185) of Aviron of our report dated February 17,
2000, with respect to the financial statements of Aviron included in this Annual
Report (Form 10-K/A) for the year ended December 31, 1999.

                                       /s/ Ernst & Young LLP

Palo Alto, California
April 3, 2000