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

## Appellate Division, Fourth Judicial Department

**733 CA 11-00137**  PRESENT: SMITH, J.P., CARNI, LINDLEY, AND GORSKI, JJ.

ESTELLE GAFTER, PLAINTIFF-RESPONDENT,

V MEMORANDUM AND ORDER

BUFFALO MEDICAL GROUP, P.C. AND TOWN OF AMHERST INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-APPELLANTS.

DAMON MOREY LLP, BUFFALO (MICHAEL L. AMODEO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered July 15, 2010 in a personal injury action. The order denied the motion of defendants for summary judgment dismissing the complaint.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when she allegedly tripped and fell on the sidewalk in front of property owned by defendant Town of Amherst Industrial Development Agency and leased by defendant Buffalo Medical Group, P.C. According to plaintiff, her toe hit the divider between cement slabs, causing her to fall and sustain injuries. Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint. “ ‘Whether a particular height difference between sidewalk slabs constitutes a dangerous or defective condition depends on the peculiar facts and circumstances of each case, including the width, depth, elevation, irregularity, and appearance of the defect as well as the time, place, and circumstances of the injury’ ” ( Cuebas v Buffalo Motor Lodge/Best Value Inn , 55 AD3d 1361, 1362; see Trincere v County of Suffolk , 90 NY2d 976, 977-978). “Based on the record before us, we conclude that defendant[s] failed to meet [their] burden of establishing as a matter of law that the alleged defect ‘was too trivial to constitute a dangerous or defective condition’ ” ( Cuebas , 55 AD3d at 1362; see Schaaf v Pork Chop, Inc. , 24 AD3d 1277; Stewart v 7-Eleven, Inc ., 302 AD2d 881). “[T]here is no ‘minimal dimension test’ or per se rule that a defect must be of a certain minimum height or depth in order to be actionable” ( Trincere , 90 NY2d at 977), and we conclude under the circumstances of this case that there is an issue**-2- 733 CA 11-00137** 
of fact whether the alleged defect is indeed actionable.

We further conclude that defendants failed to establish their entitlement to judgment as a matter of law by demonstrating that the cause of the fall was speculative ( see Nolan v Onondaga County , 61 AD3d 1431; cf

. McGill v United Parcel Serv., Inc. , 53 AD3d 1077). Inasmuch as defendants failed to meet their initial burden on the motion, we need not consider the sufficiency of plaintiff’s opposing papers ( see generally Alvarez v Prospect Hosp ., 68 NY2d 320, 324).

Entered: June 10, 2011 Patricia L. Morgan Clerk of the Court
<TABLE> <S> <C>

<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                      16,343,459
<INT-BEARING-DEPOSITS>                         426,766
<FED-FUNDS-SOLD>                             2,982,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 48,696,412
<INVESTMENTS-CARRYING>                      38,920,273
<INVESTMENTS-MARKET>                        39,275,715
<LOANS>                                    309,112,008
<ALLOWANCE>                                  4,488,958
<TOTAL-ASSETS>                             429,711,291
<DEPOSITS>                                 385,003,286
<SHORT-TERM>                                 5,862,026
<LIABILITIES-OTHER>                          3,844,123
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     5,132,428
<OTHER-SE>                                  29,869,428
<TOTAL-LIABILITIES-AND-EQUITY>             429,711,291
<INTEREST-LOAN>                             27,388,938
<INTEREST-INVEST>                            5,028,428
<INTEREST-OTHER>                               259,980
<INTEREST-TOTAL>                                     0
<INTEREST-DEPOSIT>                          14,145,984
<INTEREST-EXPENSE>                             293,662
<INTEREST-INCOME-NET>                       18,237,700
<LOAN-LOSSES>                                1,178,925
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                             14,139,748
<INCOME-PRETAX>                              7,366,226
<INCOME-PRE-EXTRAORDINARY>                   7,366,226
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,678,299
<EPS-PRIMARY>                                     2.23
<EPS-DILUTED>                                     2.23
<YIELD-ACTUAL>                                    5.01
<LOANS-NON>                                    576,191
<LOANS-PAST>                                    42,759
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             3,588,489
<CHARGE-OFFS>                                  369,549
<RECOVERIES>                                    91,093
<ALLOWANCE-CLOSE>                            4,488,958
<ALLOWANCE-DOMESTIC>                         4,488,958
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
Exhibit
32.2




SECTION
906 CERTIFICATION




The
undersigned hereby certifies that the Quarterly Report on From 10-Q of Israel
Growth Partners Acquisition Corp. (the “Registrant”) for the fiscal quarter
ended January 31, 2010, as filed with the Securities and Exchange Commission on
the date hereof (the “Report”), fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended,
and that the information contained in the Report fairly presents, in all
material respects, the financial condition and results of the
Registrant.




Dated:
      March 17, 2010
            
            /s/ J. Patrick McMahonJ.
      Patrick McMahonChief
      Financial Officer
[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Notices]
[Pages 16316-16317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6737]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 7811]


Shipping Coordinating Committee; Notice of Committee Meeting

    The Shipping Coordinating Committee (SHC) will conduct an open 
meeting at 9:30 a.m. on Tuesday, April 24, 2012, in Room 6103 of the 
United States Coast Guard Headquarters Building, 2100 Second Street, 
SW., Washington, DC 20593-0001. The primary purpose of the meeting is 
to prepare for the forty-third Session of the International Maritime 
Organization's (IMO) Sub-Committee on Standards of Training and 
Watchkeeping (STW) to be held at the IMO Headquarters, United Kingdom, 
April 30-May 4, 2012.
    The primary matters to be considered include:
    Validation of model training courses.
    Development of an e-navigation strategy implementation plan.
    Development of training standards for recovery systems.
    Preparation of guidelines for the implementation of the medical 
standards of the 2010 amendments.
    Development of guidance for the implementation of the 2010 Manila 
amendments.
    Role of the human element.
    Members of the public may attend this meeting up to the seating 
capacity of the room. To facilitate the building security process, and 
to request reasonable accommodation, those who plan to attend should 
contact the meeting coordinator, Ms. Zoe Goss, by email at 
<a href="/cdn-cgi/l/email-protection#fe84919bd09fd099918d8dbe8b8d9d99d0939792"><span class="__cf_email__" data-cfemail="047e6b612a652a636b777744717767632a696d68">[email protected]</span></a>, by phone

[[Page 16317]]

at (202) 372-1425, by fax at (202) 372-1926, or in writing at 
Commandant (CG-52), U.S. Coast Guard, 2100 2nd Street, SW., Stop 7126, 
Washington, DC 20593-7126 not later than April 17, 2012, 7 days prior 
to the meeting. Requests made after April 17, 2012 might not be able to 
be accommodated. Please note that due to security considerations, two 
valid, government issued photo identifications must be presented to 
gain entrance to the Headquarters building. The Headquarters building 
is accessible by taxi and privately owned conveyance (public 
transportation is not generally available). However, parking in the 
vicinity of the building is extremely limited. Additional information 
regarding this and other IMO SHC public meetings may be found at: 
www.uscg.mil/imo.

    Dated: March 9, 2012.
Brian Robinson,
Executive Secretary, Shipping Coordinating Committee, Department of 
State.
[FR Doc. 2012-6737 Filed 3-19-12; 8:45 am]
BILLING CODE 4710-09-P


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**Exhibit 32.2****CERTIFICATIONS**     In connection with the Quarterly Report of CNX Gas Corporation (the “Registrant”) on Form 10-Qfor the period ending March 31, 2008 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, William J. Lyons, Chief Financial Officer (principal financialofficer) of the Registrant, certify that to my knowledge, based upon a review of the Report:     (i) The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and     (ii) The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Registrant.Date: April 30, 2008              /s/ William J. Lyons   **William J. Lyons**   **Chief Financial Officer**   
31
SECTION 1350 CERTIFICATIONS




This Certificate is being delivered
pursuant to the requirements of Section 1350 of Chapter 63 (Mail Fraud) of
Title 18 (Crimes and Criminal Procedures) of the United States Code and
shall not be relied on by any person for any other purpose.




The undersigned, who are (i) the
Chief Executive Officer of UMTH Land Development, L.P., the general partner of
United Development Funding III, L.P. (the “Partnership”) and (ii) the Chief
Financial Officer of UMTH Land Development, L.P., the general partner of the
Partnership, each hereby certify as follows:




The Quarterly Report on Form 10-Q
of the Partnership (the “Report”), which accompanies this Certificate, fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and all information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Partnership.








Dated this 14th day of August,
2008.








/s/
Hollis M.
Greenlaw


Hollis M.
Greenlaw


Chief Executive Officer of UMTH
Land Development, L.P., sole general partner of the


Registrant, and President
and Chief Executive Officer of UMT Services, Inc., sole general partner of UMTH
Land Development, L.P.






/s/
Cara D.
Obert


Cara D. Obert


Chief Financial Officer of UMTH
Land Development, L.P., sole general partner of the
Registrant






A signed original of this written
statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been
provided to the registrant and will be retained by the registrant and furnished
to the Securities and Exchange Commission or its staff upon
request.
# C_2006243EN.01000401.xml

| 10.10.2006 | EN | Official Journal of the European Union | C 243/4 |
| --- | --- | --- | --- |

10.10.2006

EN

Official Journal of the European Union

C 243/4

---

Non-opposition to a notified concentration

(Case COMP/M.4307 — Toyota Tsusho/T.T. Holding/JV)

(2006/C 243/05)

(Text with EEA relevance)

On 6 September 2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32006M4307. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4307. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

---
Document

Exhibit 10.5

  Two Folsom Street
         San Francisco, CA 94105





November 20, 2020




Shawn Curran    




Dear Shawn:


This letter is to confirm the extension of the existing severance provisions, which are outlined in the “Termination/Severance” section of your offer letter dated March 5, 2020 (“Offer Letter”).  The Compensation and Management Development Committee of the Board of Directors (“the Committee”) has approved the extension of such severance provisions to June 30, 2024 with no other changes to such provisions.


After June 30, 2024, you will be eligible for severance, if any, as approved by the Committee under the same terms as similarly situated executive officers.


Other than as set forth above, the terms of your Offer Letter remain in effect.


Yours sincerely,






/s/ Sonia Syngal                                      
Sonia Syngal
President & Chief Executive Officer, Gap Inc.












/s/ Shawn Curran                                            
Shawn Curran            






Date: November 20, 2020
Exhibit 32.2

Certification of Principal Financial Officer

Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)

In connection with the Quarterly Report on Form 10-Q for the quarter ended December 31, 2006 (the Report) of North American Insurance Leaders, Inc. (the Registrant), as filed with the
Securities and Exchange Commission on the date hereof, I, Paula S. Butler, Executive Vice President, hereby certify, to the best of my knowledge, that:

(1) The 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 Report fairly presents, in all material respects, the financial condition and results of operations
of the Registrant.



|                        |  |                              
|----------------------- |  | -----------------------------
|Date: February 14, 2007 |  | /s/ Paula S. Butler          
|                        |  | Executive Vice President     
|                        |  | (principal financial officer)
#### The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Addison R. LOOMIS, Defendant-Appellee.

No. 83SA432.

Supreme Court of Colorado, En Banc.

March 11, 1985.

*1321Gregory F. Long, Dist. Atty., Mark A. Hannah, Chief Deputy Dist. Atty., Craig, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Martin J. Gerra III, Deputy State Public Defender, Denver, for defendant-ap-pellee.

PER CURIAM.

The prosecution appeals from an order of the district court dismissing charges against the defendant, Addison Loomis. We disapprove the ruling.

The defendant was charged with first-degree perjury. § 18-8-502, 8 C.R.S. (1978). A pretrial defense motion to dismiss the charge on the basis that the first-degree perjury statute is unconstitutionally vague was denied by the district court. However, following two subsequent trials in which the jury was unable to agree upon a verdict, the district court reconsidered its position and dismissed the charge against the defendant. The district court reasoned that since the jury failed on two occasions to agree upon a verdict in what the court considered to be a clear-cut perjury case, there must be some constitutional defect in the perjury statute.

The applicable standard in determining whether a statute is unconstitutionally vague is whether the law fails to reasonably forewarn persons of ordinary intelligence of what is prohibited and lends itself to arbitrary and discriminatory enforcement because it fails to provide explicit standards for those who apply it. *People v. Seven Thirty-Five East Colfax, Inc.,*697 P.2d 348 (Colo.1985); *City of Englewood v. Hammes,*671 P.2d 947 (Colo.1983). A statute is presumed to be constitutional, and the party challenging the statute must prove unconstitutionality beyond a reasonable doubt. *People v. Schwartz,*678 P.2d 1000 (Colo.1984). In our view, the fact that a jury has twice been unable to agree upon a verdict in a given criminal case is not a proper or sufficient basis to establish that a criminal statute is unconstitutional beyond a reasonable doubt. The conclusion of the district court in this case that the first-degree perjury statute is unconstitutionally infirm was based upon the failure of the jury to agree at the conclusion of the *1322evidence in two separate trials. The legal standard adopted, however, is inapplicable and wholly improper.

Ruling disapproved.
* The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 02-2825

___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the Southern v. * District of Iowa. * Mario Antonio Ortega-Ibarra, * [UNPUBLISHED] * Appellant. *

___________ Submitted: December 3, 2002 Filed: December 16, 2002

___________ Before LOKEN, FAGG, and MURPHY, Circuit Judges.

___________ PER CURIAM. Mario Antonio Ortega-Ibarra pleaded guilty to reentering the United States illegally after having been convicted of an aggravated felony and deported, in violation of 8 U.S.C. § 1326(a) and (b)(2). At sentencing, the district court * denied Ortega-Ibarra's motion for a downward departure based on cultural assimilation and sentenced him to 70 months imprisonment and three years supervised release.-2- On appeal, Ortega-Ibarra's counsel has filed a brief and moved to withdraw under Anders v. California , 386 U.S. 738 (1967). Counsel contends the district court abused its discretion in denying the downward-departure motion. We conclude the ruling is unreviewable because the district court acknowledged it had discretion to depart. See United States v. Correa , 167 F.3d 414, 417 (8th Cir. 1999). On independent review of the record under Penson v. Ohio , 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we affirm. We also grant counsel's motion to withdraw. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
EX-4.5





 Exhibit 4.5 

CERTIFICATE OF CORPORATE DOMESTICATION 

OF OAKTREE ACQUISITION CORP. 

Pursuant to Section 388 
 of
the General Corporation Law of the State of Delaware 
 Oaktree Acquisition Corp., presently a Cayman Islands exempted company limited by
shares (the “Company”), DOES HEREBY CERTIFY: 
 1. The Company was first incorporated on April 9, 2019 under the laws of the
Cayman Islands. 
 2. The name of the Company immediately prior to the filing of this Certificate of Corporate Domestication with the
Secretary of State of the State of Delaware was Oaktree Acquisition Corp. 
 3. The name of the Company as set forth in the Certificate of
Incorporation being filed with the Secretary of State of the State of Delaware in accordance with Section 388(b) of the General Corporation Law of the State of Delaware is “Hims & Hers Health, Inc.” 

4. The jurisdiction that constituted the seat, siege social, or principal place of business or central administration of the Company
immediately prior to the filing of this Certificate of Corporate Domestication was the Cayman Islands. 
 5. The domestication has been
approved in the manner provided for by the document, instrument, agreement or other writing, as the case may be, governing the internal affairs of the Company and the conduct of its business or by applicable
non-Delaware law, as appropriate. 
 IN WITNESS WHEREOF, the Company has caused this Certificate to
be executed by its duly authorized officer on this [•] day of [•], 2020. 
  

			
	OAKTREE ACQUISITION CORP., a Cayman Islands exempted company limited by shares
		
	By:	 	
                     
       

		 	Name: Zaid Pardesi
		 	Title: Chief Financial Officer