alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Estate of John A. Bolton, Deceased.

Surrogate’s Court, Erie County,

March 9, 1971.

*Magavern, Magavern, Lowe & Beilewech (Ward E. Dahlgren*of counsel), for petitioner.

William J. Began, S.

The petitioner has requested that letters of administration with the will annexed on the estate of John Alfred Bolton, deceased, be granted to petitioner for the purpose of disposing of unadministered property and assets of the estate. It appears that the decedent died on or about May 25, 1970 leaving a last will and testament which was probated in this court on August 26, 1970. Letters testamentary were granted to Budolph G-. Hills pursuant to the terms of said will and said executor qualified and continued to act as executor until his death on January 12, 1971. Petitioner now contends that, because it is sole beneficiary under the last "will and testament of the said deceased, letters of administration with the will annexed should issue to said petitioner without bond.

*847Ordinarily a corporation will not be authorized to act in a fiduciary capacity unless it is authorized to do so by its certificate of incorporation or by the Membership Corporations Law. A specific provision, however, contained in SOPA 1418 (suM. 4) is obviously intended for the purpose of enabling a corporation to administer an estate in which it has an interest even though such corporation may not otherwise qualify as a fiduciary. Subdivision 4 of section 1418 provides as follows: “A corporation which is the sole or residuary legatee may act as administrator with will annexed although not specifically so authorized by its charter or by any provision of law. ” Such a statute of course must, in the absence of plain indication to the contrary, be held to apply only to corporations created by this State. *(Matter of Duelund,*177 Misc. 569.)

Under the circumstances, the, petitioner is entitled to letters of administration with the will annexed. However, the court must he satisfied prior to the issuance of such letters that the corporation is a domestic corporation and that there are no debts due and owing by the estate. Upon such showing and upon the required oath and designation to be filed by petitioner it is the decision of this court that letters of administration with the will annexed shall issue to the petitioner without bond.
<PAGE>


                                                                    Exhibit 99.1

    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 ACTV, Inc. (the "Company") on Form 10-K
for the period ending December 31, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, David Reese, Chief
Executive 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; and

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


Date: March 28, 2003                 By: /s/ David Reese
                                          Name: David Reese
                                          Title: Chief Executive Officer
[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85310-85311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26967]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[USITC SE-23-058]


Sunshine Act Meetings

    Agency Holding the Meeting: United States International Trade 
Commission.

TIME AND DATE: December 14, 2023 at 11:00 a.m.

PLACE: Room 101, 500 E Street SW, Washington, DC 20436, Telephone: 
(202) 205-2000.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED: 
    1. Agendas for future meetings: none.
    2. Minutes.
    3. Ratification List.
    4. Commission vote on Inv. Nos. 701-TA-583 and 731-TA-1381 
(Review)(Cast Iron Soil Pipe Fittings from China). The Commission 
currently is scheduled to complete and file its determinations and 
views of the Commission on December 21, 2023.

[[Page 85311]]

    5. Outstanding action jackets: none.

CONTACT PERSON FOR MORE INFORMATION: Sharon Bellamy, Supervisory 
Hearings and Information Officer, 202-205-2000.
    The Commission is holding the meeting under the Government in the 
Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, 
subject matter listed above, not disposed of at the scheduled meeting, 
may be carried over to the agenda of the following meeting.

    By order of the Commission.
    Issued: December 5, 2023.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2023-26967 Filed 12-5-23; 4:15 pm]
BILLING CODE 7020-02-P
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

DWAYNE JORDAN,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D23-811

[July 6, 2023]

Appeal of order denying rule 3.800 motion from the Circuit Court for 

the Seventeenth Judicial Circuit, Broward County; Thomas J. Coleman, 

Judge; L.T. Case No. 15-15762CF10A.

Dwayne Jordan, Moore Haven, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed. 

KLINGENSMITH, C.J., WARNER and GERBER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
EXHIBIT 32.1

                            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 MISONIX, INC. (the "Company") on Form
10-Q  for  the  period  ending  March  31, 2004 as filed with the Securities and
Exchange  Commission  on  the date hereof (the "Report"), I, Michael A. McManus,
Jr.,  Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.
1350,  as  adopted  pursuant to ss. 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 result of operations of
          the  Company.

/s/  Michael  A.  McManus,  Jr.
-------------------------------
Michael  A.  McManus,  Jr.
President and Chief Executive Officer
May  6,  2004




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 MISONIX, INC. and will be retained
by  MISONIX, INC. and furnished to the Securities and Exchange Commission or its
staff  upon  request.


                                       30
<PAGE>
Exhibit 31.1

CERTIFICATIONS

I, Harold R. Herbst, certify that:

     1. I have reviewed this Form 10-QSB of InfoNow Corporation;

     2. Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were
made, not misleading with respect to the period covered by this report;

     3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

     4. The small business issuer's other certifying officer(s) and I are
responsible for establishing and maintaining disclosure controls and procedures
(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small
business issuer and have:

          (a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the small business issuer,
including its consolidated subsidiaries, is made known to us by others within
those entities, particularly during the period in which this report is being
prepared;

          (b) Evaluated the effectiveness of the small business issuer's
disclosure controls and procedures and presented in this report our conclusions
about the effectiveness of the disclosure controls and procedures, as of the end
of the period covered by this report based on such evaluation; and

          (c) Disclosed in this report any change in the small business issuer's
internal control over financial reporting that occurred during the small
business issuer's most recent fiscal quarter that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

     5. The small business issuer's other certifying officer(s) and I have
disclosed, based on our most recent evaluation of internal control over
financial reporting, to the small business issuer's auditors and the audit
committee of the small business issuer's board of directors (or persons
performing the equivalent functions):

          (a) All significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer's ability to record,
process, summarize and report financial information; and

          (b) Any fraud, whether or not material, that involves management or
other employees who have a significant role in the small business issuer's
internal control over financial reporting.



Date: November 14, 2005

/s/ Harry R. Herbst
-------------------------------
Harry R. Herbst
Interim Chief Executive Officer
IV 

114TH CONGRESS 

1ST SESSION H. RES. 469 

Urging North Atlantic Treaty Organization (NATO) member countries to 

meet or exceed the two percent gross domestic product commitment 

to spending on defense. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2015 

Mr. BISHOP of Michigan (for himself, Mr. TURNER, Mr. ZINKE, Mr. DONOVAN, Ms. MCSALLY, Mr. RIBBLE, Ms. KAPTUR, Mr. TED LIEU of California, Mr. WILSON of South Carolina, Mrs. ROBY, Mr. RUSSELL, and 

Mr. BYRNE) submitted the following resolution; which was referred to the 

Committee on Foreign Affairs 

RESOLUTION 

Urging North Atlantic Treaty Organization (NATO) member 

countries to meet or exceed the two percent gross domestic product commitment to spending on defense. 

Whereas in 2006, the defense ministers of North Atlantic 

Treaty Organization (NATO) Alliance member countries 

agreed to commit a minimum of two percent, as a percentage of gross domestic product (GDP) to spending on 

defense; 

Whereas in 2006, the defense ministers of NATO Alliance 

member countries further agreed to commit a minimum 

of 20 percent of defense expenditures to major equipment 

spending; 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HRES 469 IH 

Whereas these commitments were reaffirmed in the Wales 

Summit Declaration of 2014 issued by Heads of State 

and Government participating in the meeting of the 

North Atlantic Council; 

Whereas Article 3 of the North Atlantic Treaty states that, 

‘‘in order more effectively to achieve the objectives of this 

Treaty, the Parties, separately and jointly, by means of 

continuous and effective self-help and mutual aid, will 

maintain and develop their individual and collective capacity to resist armed attack.’’; 

Whereas member nations that meet or exceed the GDP commitment and member nations with a plan of action to 

move toward the GDP commitment are commended and 

encouraged; 

Whereas the aggressive actions of Russia against Ukraine 

challenge global freedom, security, and stability critical to 

the NATO Alliance; 

Whereas the instability in the Middle East and North Africa 

and the continued threat of global terrorism pose a 

threat to security and prosperity; 

Whereas emerging security challenges such as cyber-attacks 

threaten the resilience and integrity of NATO networks 

and infrastructure assets; and 

Whereas the resolute commitment of the United States to 

NATO is steadfast and the efforts of member nations 

that have met GDP commitments is applauded: Now, 

therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) calls on North Atlantic Treaty Organization 

3 (NATO) member countries to meet or exceed the 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HRES 469 IH 

1 two percent gross domestic product commitment to 

2 spending on defense; 

3 (2) calls on NATO member countries to meet 

4 or exceed the 20-percent commitment to defense ex5 penditures on major equipment spending; and 

6 (3) reaffirms the United States longstanding 

7 and resolute commitment to NATO and the peace 

8 through strength it advances. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-50836 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus OSCAR NOE ACOSTA-PALACIOS, also known as Oscar Palacios, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. A-97-CR-66-ALL

- - - - - - - - - - April 10, 1998 Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM: * Oscar Noe Acosta-Palacios argues that his sentence for illegal reentry following deportation pursuant to 8 U.S.C. § 1326(b) violates principles of due process because the indictment did not allege his prior felony conviction as an element of the offense. This argument is precluded by the Supreme Court's decision in Almendarez-Torres v. United States , ___ U.S. ___, 1998 WL 126904, at *3, *8 (U.S. Mar. 24, 1998).
AFFIRMED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM JUNE 27,
1999 FORM 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS CONTAINED THEREIN.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-26-1999
<CASH>                                              33
<SECURITIES>                                         0
<RECEIVABLES>                                   44,935
<ALLOWANCES>                                         0
<INVENTORY>                                     61,228
<CURRENT-ASSETS>                               112,382
<PP&E>                                          22,015
<DEPRECIATION>                                 (2,016)
<TOTAL-ASSETS>                                 231,264
<CURRENT-LIABILITIES>                           63,647
<BONDS>                                              0
<PREFERRED-MANDATORY>                           10,977
<PREFERRED>                                          0
<COMMON>                                            65
<OTHER-SE>                                      63,573
<TOTAL-LIABILITY-AND-EQUITY>                   231,264
<SALES>                                         68,914
<TOTAL-REVENUES>                                68,914
<CGS>                                           38,766
<TOTAL-COSTS>                                   38,766
<OTHER-EXPENSES>                                31,516
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,214
<INCOME-PRETAX>                                (6,582)
<INCOME-TAX>                                     (358)
<INCOME-CONTINUING>                            (6,224)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (6,224)
<EPS-BASIC>                                     (1.10)
<EPS-DILUTED>                                   (1.10)


</TABLE>
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

STANLEY DAVID KAMINSKI JR.,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 329 MAL 2020

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 12th day of November, 2020, the Petition for Allowance of Appeal

is DENIED.
United States Court of Appeals

for the Fifth Circuit

No. 21-60912

Summary Calendar

Gerardo Urbano, 

Petitioner,

versus

Merrick Garland, U.S. Attorney General, 

Respondent.

Petition for Review of an Order of the

Board of Immigration Appeals

Agency No. A044 550 878

Before Wiener, Elrod, and Engelhardt, Circuit Judges.

Per Curiam:*

Gerardo Urbano, a native and citizen of Mexico, petitions this court 

for review of an order of the Board of Immigration Appeals (BIA) denying his 

motion to reopen his proceedings. He shows no error in connection with the 

BIA’s conclusion that he was ineligible for equitable tolling because he did 

not diligently pursue his rights. See Lugo-Resendez v. Lynch, 831 F.3d 337, 344 

* This opinion is not designated for publication, See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

January 9, 2023

Lyle W. Cayce

Clerk

Case: 21-60912 Document: 00516602618 Page: 1 Date Filed: 01/09/2023
No. 21-60912

2

(5th Cir. 2016). Because diligence is a necessary component of an equitable 

tolling claim, we need not consider his remaining arguments concerning this 

claim. See id.; INS v. Bagamasbad, 429 U.S. 24, 25 (1976). Concomitantly, 

he has shown no abuse of discretion in connection with the denial of his 

motion. See Gonzalez-Cantu v. Sessions, 866 F.3d 302, 305 (5th Cir. 2017).

We lack jurisdiction to consider his argument that the BIA erred by 

concluding that he failed to brief, and thus waived, any argument he may have 

had concerning the Immigration Judge’s conclusion that he was ineligible for 

a waiver of inadmissibility because it was not exhausted. See MartinezGuevara v. Garland, 27 F.4th 353, 360 (5th Cir. 2022); 8 U.S.C. § 1252(d)(1). 

The petition for review is DENIED in part and DISMISSED in part for 

want of jurisdiction.

Case: 21-60912 Document: 00516602618 Page: 2 Date Filed: 01/09/2023
H. Res. 3 

In the House of Representatives, U. S., 

January 6, 2015. 

Resolved, That a committee of two Members be appointed by the Speaker on the part of the House of Representatives to join with a committee on the part of the Senate to notify the President of the United States that a 

quorum of each House has assembled and Congress is ready 

to receive any communication that he may be pleased to 

make. 

Attest: 

Clerk.
May 31, 2005

26463

#### Stucky v. Brown

Affirmed
Exhibit 32.2

            CERTIFICATION OF PRINCIPAL 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 Annual Report on Form 10-K of Financial
Federal Corporation (the "Company") for the year ended July 31,
2005, as filed with the Securities and Exhange Commission (the
"Report"), Steven F. Groth, Chief Financial Officer of the Company,
hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to
his 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 the Company

     A signed original of this written statement required by section
906 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.



October 11, 2005                   /s/ Steven F. Groth
---------------                   ----------------------------------
Date                              Steven F. Groth
                                  Chief Financial Officer and Senior
                                  Vice President
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-10660

Conference Calendar

 

DENNIS R. PADEN,

Plaintiff-Appellant,

versus

KATHLEEN HAWK, Director, BOP;

CHARLES TURNBO, Regional Director,

BOP; JOHN DOE, Safety Manager FMC

Fort Worth; CURTIS MILLS, Electrical 

Foreman FMC, Fort Worth; GEORGE E.

KILLINGER, Warden, FCI Ft. Worth,

Defendants-Appellees.

- - - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:95-CV-917-A

- - - - - - - - - - - -

August 22, 1996

Before KING, DUHÉ, and DeMOSS, Circuit Judges.

PER CURIAM:*

Dennis Paden, #47044-079, appeals from summary judgment in

favor of the defendants. Appellees have filed a motion to

dismiss this appeal pursuant to 5th Cir. R. 42.2 because it is

frivolous. Appellees argue that the district court did not err
No. 96-10660 

- 2 -

in granting summary judgment, dismissing appellant’s civil rights

action filed pursuant to Bivens v. Six Unknown Named Agents of

Fed. Bureau of Narcotics, 403 U.S. 388 (1971). The defendantsappellees met their initial burden of showing that there was no

genuine issue. Fed. R. Civ. P. 56(e). The burden shifted to

appellant to set forth specific facts showing the existence of a

genuine issue for trial. Paden’s conclusional allegations and

unsubstantiated assertions failed to satisfy this burden. Little

v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994) (en

banc). Therefore, the district court did not err in granting

summary judgment. Appellant’s brief, which repeats these

conclusional allegations and unsubstantiated assertions, is

frivolous. Accordingly, we GRANT appellee’s motion to dismiss

the appeal pursuant to 5th Cir. R. 42.2.

We caution Paden that any additional frivolous appeals filed

by him will invite the imposition of sanctions. To avoid

sanctions, Paden is further cautioned to review any pending

appeals to ensure that they do not raise arguments that are

frivolous. 

 APPEAL DISMISSED. SANCTION WARNING ISSUED.