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

## Appellate Division, Fourth Judicial Department

600 CA 12-01504 PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.

IN THE MATTER OF MICHAEL GONZALEZ, PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER

DALE ARTUS, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS.

MICHAEL GONZALEZ, PETITIONER-APPELLANT PRO SE.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Penny M. Wolfgang, J.), dated June 26, 2012 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner commenced this proceeding seeking a writ of habeas corpus. Supreme Court (Feroleto, J.) converted the proceeding to one pursuant to CPLR article 78. The case was then assigned to a different Supreme Court Justice (Wolfgang, J.), who ultimately dismissed the petition. Petitioner appeals, and we affirm.
Respondents concede that the record does not conclusively establish that petitioner failed to exhaust his administrative remedies, and thus we reach the merits of this appeal ( cf. generally Matter of Karlin v Cully , 104 AD3d 1285, 1286). Here, petitioner pleaded guilty to violating two conditions of his parole. Petitioner now challenges the parole revocation determination on the ground that one of the conditions of parole at issue, i.e., the condition precluding fraternization with any person petitioner knows to have a criminal record (fraternization condition) ( see 9 NYCRR 8003.2 [g]), is unconstitutionally vague. That challenge survives petitioner’s guilty plea ( see People v Hansen , 95 NY2d 227, 231 n 2 ; People v Lee , 58 NY2d 491, 494), but is not properly before us inasmuch as the record does not establish that it was raised before the motion court ( see Ciesinski v Town of Aurora , 202 AD2d 984, 985; cf. Palermo v Taccone , 79 AD3d 1616, 1618). Petitioner’s further contention that-2- 600 CA 12-01504
the fraternization condition was arbitrarily applied to him is foreclosed by his guilty plea ( see Hansen , 95 NY2d at 231 n 3; People v Rodriguez , 55 NY2d 776, 777). Additionally, with respect to both of the conditions of parole at issue, we note that petitioner’s “plea of guilty . . . precludes [a] challenge to the legal sufficiency of the evidence of guilt” and, “[i]n any event, the guilty plea constitutes substantial evidence of his guilt” ( Matter of Holdip v Travis , 9 AD3d 825, 826). We have reviewed petitioner’s remaining contention and conclude that it lacks merit.

Entered: June 14, 2013 Frances E. Cafarell Clerk of the Court
Opinion issued November 21, 2017

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 1 7
- 0 0 0 7 3
- CV

——————————— RAYMOND BOOKER , Appellant

V. OSCAR GUERRERO , Appellee

O n Appeal from the County Civil Court at Law No. 3

H a rri s County, Texas Trial Court Cause No. 1 0 60392

MEMORANDUM OPINION Appellant, Raymond Booker , ha s failed to timely file h i s appellate brief. See
T EX
. R. A PP
. P. 38.6( a ), (d) , 38.8(a)(1). Further, a ppellant ha s neither paid the required filing fee nor established indigence for purposes of appellate costs. See id. 5, 20.1; see also T EX . G OV ’ T C ODE A NN . §§ 51.207, 51.851(b), 51.941(a),2

101.041(1) (West 2015); Order, Fe es Charged in t he Supreme Court , in Civil Cases
in the Courts of Appeals , and Before the Judicial Panel on Multi

- D istrict Litigation, Misc. Docket No. 15

- 91 58 (Tex. Aug. 28 , 20 15 )

. After being notified by this C ourt’s June 8, 2017 Order and Notice of Intent to Dismiss for Want of Prosecution that this appeal was subject to dismissal for failure to pay the required fee , and by Clerk’s July 25, 2017 notice that this appeal was subject to dismissal for failure to file the appellant’s brief, a ppellant failed to timely respond. See id. 5, 38.8(a)(1), 42.3 (b), ( c )

. Accordingly, w e dismiss the appeal for want of prosecution for failure to timely file a brief and for failure to pay all required fees

. See T EX
. R. A PP
. P. 5, 38.8(a)(1), 42.3(b), (c). PER CURIAM Panel consists of Chief Justice Radack and Justices Higley and B l and

.
## SERVE D JUN E3 , 201 0 U.S
. DEPARTMEN T O FTRANSPORTATIO N ' ' ; ' : : b-'^^ilON

OFFIC EO FHEARING S WASHINGTON , D C
I N TH E MATTERO F MIDWES T HELICOPTE RAIRWAYS , INC
. FA A DOCKE T NO
. CP09GL000 7 (Civi l Penalty Action ) DM S No
. FAA-2009-084 6

I N TH EMATTE RO F MIDWES T HELICOPTE RAIRWAYS , INC
. FA A DOCKE T NO
. CP09GL000 9
. (Civi l Penalty Action ) DM S No
. FAA-20()9-05>73 * >


### AMENDE D PROCEDURA L ORDE R Paragrap h# 2 o f

th e Procedura l Orde r

i s amende da s follows : WHEREFORE , th e partie s b e an dar e hereb y ORDERE D t o adher e t o th e followin g procedura l schedule :

.. . O n o r before Septembe r

15 , 2010 , th e partie s shal l conclud e al l discover y including , bu t

not limite dto , depositions , documen t production , response s t o productio n request s and/o r interrogatories
. I f

th e partie s canno t

resolv e a discovery disput e the y shal l submi t th e disput e t o th e undersigne dfo r resolutio n i n atimel y manner.. .
Lichar dCfiGoodwi n .S
. Administrativ e La w Judg e Attachmen t

- Servic e Lis tFA A Docke t Nos
. CP09GL000 7 & CP09GL000 9 (Civi l Penalty Action ) SERVIC ELIS T ORIGINA L& ON E COP Y Federal Aviatio n Administratio n 80 0 Independenc e Avenue , S.W
. Washington , D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-43 0 Wilbu r Wrigh t Building—Suit e 2W1000 '

ON ECOP Y Joh n S
. Hoff

, Respondent' s Counse l Law Office s o f

Hof f & Herra n 13 5 LaSall e Street , Suit e 330 0 Chicago , IL60603-413 4 TEL : 312-346-811 1 FAX : 312-853-392 4 Kat e Barber , Complainant' s Counse l Great Lake s Region , AGL-7 B Federal Aviatio n Administratio n 230 0 Eas t Devo n Avenu e De s Plaines , I L60018-469 6 TEL : 847-294-771 3 FAX : 847-294-749 8 Th e Honorabl e Richar dC
. Goodwin , Administrativ e Law Judg e Offic e o f Hearings , M-2 0 120 0 Ne w Jerse y Avenue , S.E
. Eas t Buildin g Groun dFloo r RoomE12-32 0 Washington , D C 2059 0 TEL : 202-366-213 9 Attorney-Adviso r 202-366-512 1 Lega l Assistan t FAX : 202-366-753 6

' Service was by U.S
. Mail
. Fo r servic e i n person o r b y expeditedcourier , us e the following address : Federa l Aviation Administration , 600 Independenc e Avenue , S.W. , Wilbu r Wrigh t Building—Suit

e 2W1000 , Washington , D C 20591 ; Attention : Hearing Docke t Clerk, AGC-430
.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 125 Agreed to Senate (ATS)]

106th CONGRESS
  2d Session
S. CON. RES. 125

 Providing for a conditional adjournment or recess of the Senate and a 
        conditional adjournment of the House of Representatives.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2000

   Mr. Lott submitted the following concurrent resolution; which was 
                        considered and agreed to

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
 Providing for a conditional adjournment or recess of the Senate and a 
        conditional adjournment of the House of Representatives.

    Resolved by the Senate (the House of Representatives concurring), 
That when the Senate recesses or adjourns at the close of business on 
Thursday, June 29, 2000, Friday, June 30, 2000, or on Saturday, July 1, 
2000, on a motion offered pursuant to this concurrent resolution by its 
Majority Leader or his designee, it stand recessed or adjourned until 
noon on Monday, July 10, 2000, or until such time on that day as may be 
specified by its Majority Leader or his designee in the motion to 
recess or adjourn, or until noon on the second day after Members are 
notified to reassemble pursuant to section 2 of this concurrent 
resolution, whichever occurs first; and that when the House adjourns on 
the legislative day of Thursday, June 29, 2000, or Friday, June 30, 
2000, on a motion offered pursuant to this concurrent resolution by its 
Majority Leader or his designee, it stand adjourned until 12:30 p.m. on 
Monday, July 10, 2000, for morning-hour debate, or until noon on the 
second day after Members are notified to reassemble pursuant to section 
2of this concurrent resolution, whichever occurs first.
    Sec. 2. The Majority Leader of the Senate and the Speaker of the 
House, acting jointly after consultation with the Minority Leader of 
the Senate and the Minority Leader of the House, shall notify the 
Members of the Senate and House, respectively, to reassemble whenever, 
in this opinion, the public interest shall warrant it.
                                 <all>
```
<PAGE>   1
 
                                                                    EXHIBIT 23.1
 
                       CONSENT OF INDEPENDENT ACCOUNTANTS
 
     We consent to the incorporation by reference in the registration statement
of Verity, Inc. on Form S-8 (File No. 333-2600) of our reports dated June 18,
1997 on our audits of the consolidated financial statements and financial
statement schedule of Verity, Inc. as of May 31, 1996 and 1997 and for the years
ended May 31, 1995, 1996 and 1997, which reports are included in the Annual
Report on Form 10-K.
 
                                          COOPERS & LYBRAND L.L.P.
 
San Jose, California
August 26, 1997
OKLAHOMA 

DEPARIMENT Of ENVIRONMENTAL QUALITY 

STEVEN A. THOMPSON BRAD HENRY

Executive Director .OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY 	 Governor

February 22,2008 

OG&E 

Attn: Mr~ David Branecky 

P.O. Box 321 


OKC, OK 73101-0321 


Subject: 	 Best Available Retrofit Technology (BART) Waiver 


Horseshoe Lake Generating Station 


Dear Mr. Branecky: 

The Oklahoma Department of Environmental Quality (ODEQ) received a BART waiver 

request for the referenced site on December 1, 2006. 

After the technical review, the ODEQ is approving a waiver for· the Horseshoe Lake 

Generating Station., This waiver is based on facility BART sources which are not 

expected to cause or contribute. to visibility impacts at Class I areas based on submitted 

modeling. 

While ODEQ has approved the waiver, the waiver is subject to ~PA and public comment 

during the Region<;tl Haze State Implementation .Pr9gram (SIP) approval process. 

Thank you for your cooperation in this matter. If we may be of further service, please 

contact Phillip Fielder (405) 702-4100. 

707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101-1677 

printed on recycled paper with soy ink .. 

o
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

January Term 2014

LORENA VARGAS HERRERA,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D13-4723

[July 2, 2014]

Appeal of order denying rule 3.850 motion from the Circuit Court for 

the Fifteenth Judicial Circuit, Palm Beach County; Charles E. Burton, 

Judge; L.T. Case No. 502010CF008981A.

Robert Sauerheber of Robert Sauerheber, P.A., Orlando, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Heidi L. 

Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.

On Concession of Error

PER CURIAM.

The State concedes that appellant’s amended postconviction motion, 

which she filed following our decision in Herrera v. State, 126 So. 3d 445 

(Fla. 4th DCA 2013), should not have been denied as untimely. We reverse 

and remand for further proceedings. 

Reversed and remanded.

STEVENSON, CIKLIN and CONNER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### A.R., a child, Appellant, v. STATE of Florida, Appellee.

No. 85-1931.

District Court of Appeal of Florida, Second District.

March 25, 1987.

James Marion Moorman; Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James A. Young, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Defendant, a juvenile, appeals from his sentence for grand theft.

Defendant’s first point on appeal is that restitution was improper. We disagree. *See J.S.H. v. State,*472 So.2d 737, 738 (Fla.1985).

Defendant’s second point, which the state concedes, is that the written order should conform to the trial court’s oral pronouncement of twenty-four hours of community service work and that the term of community control should be specified m accordance with *F.R. v. State,*473 So.2d 785 (Fla. 2d DCA 1985). We agree.

The cause is remanded for correction of the sentence in accordance with this opinion.

LEHAN, A.C.J., SANDERLIN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

IN THE INTERE ST OF

A.M.C.B., A.N.C.B. , and G.A.B.,

CHILD REN

. §

§

§

§

§ No. 08

- 2 4

- 00 326

- CV

Appeal from the

65th Judicial D istrict Court

o f El Paso County, Texas

(TC# 2022DCM 6992 )

MEMORANDUM OPINION
Appellant M.J. C.B. filed a notice of appeal in this termination of parental rights case on
September 4, 2024, indicating the termination was “ adjudicated” by the court on August 30, 2024
,
but not stating the date of the order appealed from. See Tex. R. App. P. 25.1(d)(2) ( requiring the
notice of appeal to “state the date of the judgment or order appealed from” ); Tex. R. App. P. 26.1(b)
(notice of accelerated appeal must be filed within 20 days after judgment or order is signed) ; Tex.
R. App. P. 26.1(b) ( appeal in case of termination of parental rights is accelerated).

After the district clerk confirmed that no final order had been filed, t h e clerk of this Court
informed Appellant of the Court’s intent to dismiss this appeal pursuant to Texas Rule of Appellate

Procedure 42.3(c), unless by September 16, 2024, Appellant filed an amended notice of appeal
that complied with Texas Rule of Appellate Procedure 25.1(d). See Tex. R. App. P. 44.3 ( “A court2

of appeals must not . . . dismiss an appeal for formal defects or irregularities in appellate procedure
without allowing a reasonable time to correct or amend the defects or irregularities.”) ; Tex. R.
App. P. 4 2

. 3 (c) ( dismissal for failure “to comply with . . . a notice from the clerk requiring a
response or action within a specified time ” )

. To date, Appellant has not filed an amended notice of appeal

. Additionally, t he district

clerk has confirmed that as of this date, no final order has been filed. Accordingly, we dismiss this
appeal pursuant to Texas Rule of Appellate Procedure 42.3( c ). This dismissal is without prejudice

to Appellant’s right to timely file a notice of appeal in accordance with the applicable Texas Rules
of Appellate Procedure. See Interest of A.C.T.M. , 682 S.W.3d 234, 237 n.4 (Tex. 2023) ( indicat ing

that where a mother’s subsequent appeal of an order terminati ng her parental rights was an attempt

to cure the no

- final

- order defect the court of appeals recognized in her first dismissal, “[h]er
attempt was made in good faith and should be given effect ”)

.

LISA J. SOTO
, Justic e
September 2 6 , 2024

Before Alley , C.J
., Palafox and Soto, J. J.
EXHIBIT 32.2

Certification of the Chief Financial Officer

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 American Apparel, Inc. (the Company) on Form 10-Q for the quarter ended September 30, 2008 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, William Gochnauer, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 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.

(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 and for the period covered by the Report.



|                        |  |     |  |                              
|----------------------- |  | --- |  | -----------------------------
|Date: November 10, 2008 |  | By: |  | /s/    WILLIAM T. GOCHNAUER  
|                        |  |     |  | William T. Gochnauer         
|                        |  |     |  | Chief Financial Officer      
|                        |  |     |  | (Principal Financial Officer)
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, August 03, 2020.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, August 03, 2020

The Court of Appeals hereby passes the following order

A20D0434. KENNETH THOMPSON v. TAWANDA MICHELLE THOMPSON.

Upon consideration of the Application for Discretionary Appeal, it is ordered that it be 

hereby DENIED.

LC NUMBERS:

1511078
EX-4.2





 Exhibit 4.2 
  





 
 PROOF PROOF PROOF PROOF PROOF PROOF PROOF NUMBER SHARES CS SEE REVERSE FOR INCORPORATED UNDER THE LAWS OF BRITISH COLUMBIA, CANADA
CERTAIN DEFINITIONS C o M M o n s h a r e s CUSIP C4950N 10 8 This CerTifies ThaT: PROOF is The owner of FULLY PAID AND NON-ASSESSABLE SHARES WITHOUT PAR VALUE OF AbCellerA biologiCs inC. transferable on the books of the Corporation in person or by
duly authorized attorney upon surrender of this certificate duly endorsed or assigned. This certificate and the shares represented hereby are subject to the laws of British Columbia, Canada, and to the Notice of Articles and Articles of the
Corporation, as now or hereafter amended. This certificate is not valid until countersigned by the Transfer Agent. WITNESS the facsimile seal of the Corporation and the facsimile signatures of its duly authorized officers. COUNTERSIGNED: DATED:
PHILADELPHIA STOCK TRANSFER, INC. 2320 HAVERFORD RD., SUITE 230, ARDMORE, PA 19003 TRANSFER AGENT BY: AUTHORIZED SIGNATURE SECRETARY CHIEF EXECUTIVE OFFICER PROOF 29592 -017PROOF €€€€€€€€€ 04Dec2020 PROOF
08:37 €€€€ PROOF QTA € €€€€€ PROOF Page 25 PROOF PROOF 












 



 
 The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were
written out in full according to applicable laws or regulations: TEN COM - as tenants in common UNIF GIFT MIN ACT - .Custodian TEN ENT - as tenants by the entireties (Cust) (Minor) JT TEN - as joint tenants with right of under Uniform Gifts to
Minors survivorship and not as tenants Act in common (State) Additional abbreviations may also be used though not in the above list. For Value Received, hereby sell, assign and transfer unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER
OF ASSIGNEE (PLEASE PRINT OR TYPE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) Shares of the stock represented by the within Certificate, and do hereby irrevocably constitute and appoint Attorney to transfer the said stock on the books of the
within named Corporation with full power of substitution in the premises. Dated NOTICE: THE SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE Signature(s) Guaranteed OF THE CERTIFICATE IN EVERY PARTICULAR, WITHOUT
ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATSOEVER. By The Signature(s) must be guaranteed by an eligible guarantor institution (Banks, Stockbrokers, Savings and Loan Associations and Credit Unions with membership in an approved Signature Guarantee
Medallion Program), pursuant to SEC Rule 17Ad-15. COLUMBIA PRINTING SERVICES, LLC - www.stockinformation.com
Exhibit 32

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, John H. Heyman, do hereby certify in
accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the foregoing Annual Report of Radiant Systems, Inc. (the Company):



| | (1) | fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. 78 m or 78o(d), and
| | --- | ------------------------------------------------------------------------------------------------------------------------------------



| | (2) | the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |                                        
|--------------------- |  | ---------------------------------------
|Dated: March 11, 2011 |  | /s/ JOHN H. HEYMAN                     
|                      |  | John H. Heyman, Chief Executive Officer

CERTIFICATION OF CHIEF FINANCIAL OFFICER

I, Mark E. Haidet, do hereby certify in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the foregoing Annual Report of Radiant Systems, Inc.
(the Company):



| | (1) | fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. 78 m or 78o(d), and
| | --- | ------------------------------------------------------------------------------------------------------------------------------------



| | (2) | the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |                                        
|--------------------- |  | ---------------------------------------
|Dated: March 11, 2011 |  | /s/ MARK E. HAIDET                     
|                      |  | Mark E. Haidet, Chief Financial Officer