alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Edwin Rodriguez, Appellant.

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Nassau County (Wexner, J.), imposed October 12, 1989.

Ordered that the sentence is affirmed.

The defendant contends that he was improperly adjudicated a second felony offender because the document relied upon by the sentencing court in reaching that adjudication failed to conform to CPL 400.22. We disagree. The only requirement lacking in the certificate signed by the superintendent of the correctional facility in which the defendant had been imprisoned upon his prior felony conviction is that it was not issued "under the seal of [the superintendent’s] office” (CPL 400.22). We conclude that the purpose of that requirement was served by the notarization of the superintendent’s signature, which is not required under CPL 400.22. This notarization served to render the certification reliable, and therefore, competent evidence under the applicable provisions *(cf., People v Acebedo,*156 AD2d 369; *People v Hines,*90 AD2d 621; *People v Gonzalez,*64 AD2d 534). Mangano, P. J., Brown, Sullivan, Balletta and Rosenblatt, JJ., concur.
**Exhibit 10.20**

 

**Director Compensation Arrangements**

 

Each of Verity’s non-employee directors receives a quarterly retainer of$6,250 and a per meeting fee of $2,500 for in-person meetings and $1,250 for telephonic meetings (up to a maximum of $5,000 per quarter). Committee members receive $2,000 for each committee meeting attended (up to a maximum of $4,000 per quarter).Chairpersons of the Audit Committee, the Compensation Committee and the Nominating and Corporate Governance Committee receive $1,500 per quarter for serving in such capacities. The members of the Board are also eligible for reimbursement for theirexpenses incurred in attending Board meetings in accordance with Verity’s policy. 

 

Each of Verity’s non-employee directors also receives stock option grants. Under current practice, each person who is first elected or appointed as a non-employee director (excluding any person who is already adirector at the time of first becoming a non-employee director) is granted an option to purchase 40,000 shares of Verity’s common stock on the date of such election or appointment. In addition, all directors who have served on the Board formore than six months and are not members of management receive a stock option to purchase 40,000 shares of Verity’s common stock on the date of each annual stockholders meeting. The exercise price of each option is the fair market value ofVerity’s common stock on the day of grant (based on the closing sales price reported on the Nasdaq National Market for the date of grant). Each such option vests over four years and generally must be exercised within ten years. In the event ofa merger of Verity with or into another corporation or a consolidation, acquisition of assets or other change-in-control transaction involving Verity, the vesting of each option will accelerate and the option will terminate if not exercised prior tothe consummation of the transaction.
Exhibit 34.2



LOGO

Report of Independent Registered Public Accounting Firm

To the Board of Directors

TransCentra, Inc.

We have examined managements assertion for those customers that management has informed us have requested confirmation of compliance, included in the
accompanying Managements Report on Assessment of Compliance with Regulation AB Servicing Criteria (Managements Assertion), that TransCentra, Inc. (the Company) complied with the servicing criteria set forth in
Item 1122(d)(2)(i) and Item 1122 (d)(4)(iv) of the Securities and Exchange Commissions (SEC) Regulation AB for services by the Company that are encompassed by contractual obligations to perform Regulation AB reporting (the
Platform) as of and for the year ended December 31, 2015. TransCentra has determined that the remainder of the servicing criteria are not applicable to the activities it performs with respect to the Platform covered by this report.
Management is responsible for the Companys compliance with the applicable servicing criteria. Our responsibility is to express an opinion on managements assertion about the Companys compliance with the applicable servicing criteria
based on our examination.

Our examination was conducted in accordance with attestation standards established by the American Institute of Certified
Public Accountants, as adopted by the Public Company Accounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence about the Companys compliance with the applicable servicing criteria, including
tests on a sample basis of the servicing activities related to the Platform, determining whether the Company performed those activities in compliance with the servicing criteria during the specified period and performing such other procedures as we
considered necessary in the circumstances. Our procedures were limited to selected servicing activities performed by the Company during the period covered by this report and, accordingly, such samples may not have included servicing activities
related to each asset-backed transaction in the Platform. Further, an examination is not designed to detect noncompliance arising from errors that may have occurred prior to the period specified above that may have affected the balances or amounts
calculated or reported by the Company during the period covered by this report. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Companys compliance with
the servicing criteria.

In our opinion, managements assertion that the Company complied with the aforementioned applicable servicing criteria as of
and for the year ended December 31, 2015, is fairly stated, in all material respects.

/s/ Porter Keadle Moore, LLC

February 1, 2016

235 Peachtree Street NE |
Suite 1800 | Atlanta, Georgia 30303 | Phone 404.588.4200 | Fax 404.588.4222

A member of Allinial Global
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT MOHAMMED MOOSAVI, Plaintiff-Appellant,

v. No. 99-6247 JAMES ZOOK, Director of Zoning Administration, Zoning Enforcement Branch, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-98-1780-A) Submitted: April 30, 1999 Decided: May 25, 1999 Before WIDENER and LUTTIG, Circuit Judges, and HALL, Senior Circuit Judge.

_________________________________________________________________ Affirmed by unpublished per curiam opinion.

_________________________________________________________________ COUNSEL Mohammed Moosavi, Appellant Pro Se. James Patrick Taves, Melissa Austin Long, COUNTY ATTORNEY'S OFFICE, Fairfax, Virginia, for Appellee.

_________________________________________________________________Unpublished opinions are not binding pr ecedent in this circuit. See Local Rule 36(c).

_________________________________________________________________ OPINION PER CURIAM:Mohammed Moosavi appeals the order of the district court dismissing his complaint for lack of subject matter jurisdiction. Moosavi, a resident of Fairfax County, Virginia, seeks to compel James Zook, the Director of Zoning Enforcement for Fairfax County, to address alleged violations of the county zoning ordinance. Federal trial courts are tribunals of limited jurisdiction dependent upon statutory grants of jurisdiction from the Congress. See In re Bulldog Trucking, Inc. , 147 F.3d 347, 352 (4th Cir. 1998). Accordingly, a plaintiff must assert jurisdiction either by raising a question based on the Constitution, laws or treaties of the United States, see28 U.S.C. § 1331 (1994), or by claiming jurisdiction based on diversity of citizenship, see 28 U.S.C.A. § 1332 (West 1993 & Supp. 1998). See also Fed. R. Civ. P. 8(a)(1) (stating that pleadings shall contain a statement of the grounds of jurisdiction). Moosavi alleged no basis for jurisdiction, and we can find none that supports his claims. Moosavi does not claim that the parties have diversity of citizenship, and the information in the record tends to refute this possibility. Furthermore, Moosavi raises no claims under federal law or the Constitution.*Accordingly, we affirm the decision of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED

_________________________________________________________________ *Because Moosavi failed to assert the subject matter jurisdiction of the district court, his case is distinguishable from Pomponio v. Fauquier County Bd. of Supervisors , 21 F.3d 1319 (4th Cir. 1994) (en banc), overruled in part by Quackenbush v. Allstate Ins. Co. , 517 U.S. 706 (1996).
2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET OF AEARO CORPORATION AS OF SEPTEMBER 30, 1996 AND THE STATEMENT OF
OPERATIONS OF AEARO CORPORATION FOR THE YEAR ENDED SEPTEMBER 30, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH BALANCE SHEET AND SUCH STATEMENT
OF OPERATIONS.
</LEGEND>
<CURRENCY> US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               SEP-30-1996
<EXCHANGE-RATE>                                      1
<CASH>                                           8,540
<SECURITIES>                                         0
<RECEIVABLES>                                   47,090
<ALLOWANCES>                                     1,200
<INVENTORY>                                     41,164
<CURRENT-ASSETS>                                98,342
<PP&E>                                          77,022
<DEPRECIATION>                                   8,310
<TOTAL-ASSETS>                                 338,436
<CURRENT-LIABILITIES>                           58,607
<BONDS>                                        241,520
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                      34,800
<TOTAL-LIABILITY-AND-EQUITY>                   338,436
<SALES>                                        243,459
<TOTAL-REVENUES>                               243,459
<CGS>                                          133,551
<TOTAL-COSTS>                                  216,279
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   400
<INTEREST-EXPENSE>                              20,703
<INCOME-PRETAX>                                  6,477
<INCOME-TAX>                                     4,286
<INCOME-CONTINUING>                              2,191
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,191
<EPS-PRIMARY>                                  (40.58)
<EPS-DILUTED>                                  (40.58)
        

</TABLE>
<PAGE>   1
                                                                   EXHIBIT 10.15

[ARV LETTERHEAD]

SENT VIA FACSIMILE AND U.S. MAIL

Mr. Stanley Diamond
CASTLE SERVICE CO., LLC 
c/o Castle American Enterprises, LLC 
405 Cedar Lane
Teaneck, New Jersey 07666


Dear Stanley:

In accordance with Section 2(a) of that certain buy-sell agreement in letter
form dated November 6, 1997 (the "Buy-Sell Agreement"), and Section 14.2 of that
certain Operating Agreement (the "Operating Agreement") of Prospect Park
Residence, LLC, ARV Assisted Living, Inc. ("ARV") hereby notifies Castle Service
Co., LLC ("Castle") that ARV hereby accepts the offer of Castle to purchase
ARV's interest in Prospect Park Residence, LLC. This letter constitutes a "Reply
Notice" within the meaning of Section 14.2 of the Operating Agreement.

As set forth in Section 2(a) of the Buy-Sell Agreement, the Closing (as defined
therein) shall occur within thirty (30) days after Castle's receipt of this
Reply Notice.

Should you have any questions, please do not hesitate to contact the
undersigned.

Very truly yours,

/s/ Sheila M. Muldoon
Sheila M. Muldoon
Vice President and General Counsel


cc:     Jonathan L. Mechanic, Esq. (via fax 212-859-8582)
        Douglas Flaum, Esq. (via fax 212-859-8584)
        Craig Brown, Esq. (via fax 212-859-8582)
        Leonard Kohl (via fax 201-836-5577)
        Robert P. Freeman, LFREI (via fax 212-332-5980)
        Murry N. Gunty, LFREI (via fax 212-332-5980)
        John A. Booty
        Graham P. Espley-Jones
        Eric K. Davidson
        Brian Flornes
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2019 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2019

To amend and extend the temporary duty suspension on certain capers in 
          immediate containers holding 3.4 kilograms or less.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

 Mr. Menendez introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend and extend the temporary duty suspension on certain capers in 
          immediate containers holding 3.4 kilograms or less.

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

SECTION 1. CERTAIN CAPERS IN IMMEDIATE CONTAINERS EACH HOLDING 3.4 
              KILOGRAMS OR LESS.

    (a) In General.--Subheading 9902.10.26 of the Harmonized Tariff 
Schedule of the United States (relating to capers prepared or preserved 
by vinegar) is amended--
            (1) in the article description, by striking ``other than 
        such goods''; and
            (2) in the effective period column, by striking ``12/31/
        2009'' and inserting ``12/31/2011''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
    (c) Retroactive Application.--Notwithstanding section 514 of the 
Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon 
proper request filed with U.S. Customs and Border Protection not later 
than 90 days after the date of the enactment of this Act, any entry of 
an article described in heading 9902.10.26 of the Harmonized Tariff 
Schedule of the United States that was made--
            (1) on or after September 1, 2006, and
            (2) before the date that is 15 days after the date of the 
        enactment of this Act,
shall be liquidated or reliquidated as if the entry occurred on or 
after the date that is 15 days after the date of the enactment of this 
Act.
                                 <all>
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF BLUE WAVE SYSTEMS INC. AS OF JUNE 30, 1998 AND FOR THE
TWELVE MONTHS THEN ENDED, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               JUN-30-1998
<CASH>                                           1,895
<SECURITIES>                                     3,062
<RECEIVABLES>                                    5,311
<ALLOWANCES>                                       336
<INVENTORY>                                      4,156
<CURRENT-ASSETS>                                15,801
<PP&E>                                          10,196
<DEPRECIATION>                                   5,838
<TOTAL-ASSETS>                                  20,544
<CURRENT-LIABILITIES>                            9,401
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           135
<OTHER-SE>                                       9,303
<TOTAL-LIABILITY-AND-EQUITY>                    20,544
<SALES>                                         32,679
<TOTAL-REVENUES>                                32,679
<CGS>                                           15,395
<TOTAL-COSTS>                                   15,395
<OTHER-EXPENSES>                                27,420
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 109
<INCOME-PRETAX>                                 (9,550)
<INCOME-TAX>                                       255
<INCOME-CONTINUING>                             (9,805)
<DISCONTINUED>                                    (137)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (11,454)
<EPS-PRIMARY>                                    (0.90)
<EPS-DILUTED>                                    (0.90)
        

</TABLE>
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# L_2006318EN.01001501.xml

| 17.11.2006 | EN | Official Journal of the European Union | L 318/15 |
| --- | --- | --- | --- |

17.11.2006

EN

Official Journal of the European Union

L 318/15

---

COMMISSION REGULATION (EC) No 1699/2006

of 16 November 2006

concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 935/2006

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 13(3) thereof,

Whereas:

| (1) | An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 935/2006 (2). |
| --- | --- |

(1)

An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 935/2006 (2).

| (2) | Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), and in particular Article 13(3) thereof, |
| --- | --- |

(2)

Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), and in particular Article 13(3) thereof,

| (3) | On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed. |
| --- | --- |

(3)

On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed.

| (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

No action shall be taken on the tenders notified from 10 to 16 November 2006 in response to the invitation to tender for the refund for the export of barley issued in Regulation (EC) No 935/2006.

Article 2

This Regulation shall enter into force on 17 November 2006.

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

Done at Brussels, 16 November 2006.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(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 172, 24.6.2006, p. 3.

2

(3)  
  OJ L 147, 30.6.1995, p. 7. Regulation as last modified by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

3

---