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

— Judgment unanimously affirmed. Memorandum: The trial court erred in admitting the statements of coconspirator Benitez because the People failed to establish that Benitez was unavailable at the time of trial *(see, People v Ayala,*75 NY2d 422, 432; *People v Sanders,*56 NY2d 51, 62-64, *rearg denied*57 NY2d 674; *People v Warren,*156 AD2d 972, 973, *lv denied*75 NY2d 925; *People v Comfort,*151 AD2d 1019, 1020, *lv denied*74 NY2d 807; *cf., United States v Inadi,*475 US 387). The error is harmless, however, because the testimony of the undercover police officers provided overwhelming evidence of defendant’s guilt and there is no reasonable possibility that the jury verdict would have been different but for the error *(see, People v Persico,*157 AD2d 339, 349-350, *lv denied*76 NY2d 895). The proof established that defendant introduced himself as Benitez’s partner, gave orders during the drug sale transaction and grabbed the cocaine and ran upstairs at the time of the raid. We conclude that the evidence was legally sufficient to support the verdict and that the verdict was not against the weight of the evidence *(see, People v Bleakley,*69 NY2d 490, 495; *People v Mullen,*152 AD2d 260, 266). Defendant’s remaining contentions lack merit. (Appeal from Judgment of Monroe County Court, Wisner, J. — Criminal Sale Controlled Substance, 1st Degree.) Present — Callahan, J. P., Doerr, Denman, Green and Lowery, JJ.
[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Page 88933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28331]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Neurological Disorders and Stroke; Notice 
of Closed Meetings

    Pursuant to section 1009 of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meetings.
    The meetings will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Neurological Disorders 
and Stroke Initial Review Group; Neurological Sciences and Disorders 
C Study Section Translational Neural, Brain, and Pain Relief Devices 
(NSD-C).
    Date: January 31-February 1, 2024.
    Time: 9:00 a.m. to 6:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Neuroscience Center, 6001 
Executive Boulevard, Rockville, MD 20852 (Virtual Meeting).
    Contact Person: Ana Olariu, Ph.D., Scientific Review Officer, 
Scientific Review Branch, Division of Extramural Activities, NINDS/
NIH, NSC, 6001 Executive Blvd., Bethesda, MD 20892, 301-496-9223, 
<a href="/cdn-cgi/l/email-protection#f8b99699d6b794998a918db8969190d69f978e"><span class="__cf_email__" data-cfemail="74351a155a3b1815061d01341a1d1c5a131b02">[email protected]</span></a>.

    Name of Committee: Neurological Sciences Training Initial Review 
Group; NST-2 Study Section NINDS K99 and K01.
    Date: February 1-2, 2024.
    Time: 9:00 a.m. to 6:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: The Historic Menger Hotel, 204 Alamo Plaza, San Antonio, 
TX 78205.
    Contact Person: DeAnna Lynn Adkins, Ph.D., Scientific Review 
Officer, Scientific Review Branch, Division of Extramural 
Activities, NINDS/NIH, NSC, 6001 Executive Blvd., Bethesda, MD 
20892, 301-496-9223, <a href="/cdn-cgi/l/email-protection#d6b2b3b7b8b8b7f8b7b2bdbfb8a596b8bfbef8b1b9a0"><span class="__cf_email__" data-cfemail="036766626d6d622d6267686a6d70436d6a6b2d646c75">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.853, 
Clinical Research Related to Neurological Disorders; 93.854, 
Biological Basis Research in the Neurosciences, National Institutes 
of Health, HHS.)

    Dated: December 19, 2023.
Lauren A. Fleck,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2023-28331 Filed 12-22-23; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### TEX BAUGHMAN CONST. CO., Inc. v. LYNCH.

No. 35891.

Supreme Court of Oklahoma.

Jan. 27, 1954.

Butler, Rinehart & Morrison, Oklahoma City, for plaintiffs in error.

Looney, Watts, Ross, Looney & §mith, Oklahoma City, for defendant in error.

BLACKBIRD, Justice.

This action was commenced to obtain a judgment in relation to a joint adventure between plaintiff and defendants.

On the 24th day of September,-1951, the court among other things demanded an accounting and directed defendants to make a full disclosure in detailed accounts of the assets and effects. of the financial relationship between the parties.

Defendants have appealed from this order. A motion to dismiss has been filed for the reason that the order is interlocutory and cannot be presented to this court prior to a final judgment entered in the matter. Plaintiff cites- and relies on Arthur v. Arthur, Old., 258 P.2d 1191, 1192, in which it is stated:

> “An appeal does not lie to this court from an intermediate or interlocutory order made during the pendency of an action, which intermediate .or interlocutory order leaves the parties in court to have the issues tried on the merits, unless the appeal sought to be *462taken comes within some one of the special orders from which an appeal is authorized by statute prior to final judgment in the main action.”

Plaintiffs in error have filed a response which attempts to distinguish Arthur v. Arthur, supra. We can find no legal distinction. The case is still pending on the order of the court for an accounting. The question presented on appeal is not finally determined. There is no final judgment.

Appeal dismissed.

HALLEY,. C. J., JOHNSON, V. C. J., and WELCH, CORN, DAVISON, O’NEAL and WILLIAMS, JJ., concur.
**Exhibit 23**

 

Independent Auditors’ Consent

 

The Board of Trustees

Mid-Atlantic Realty Trust:

 

We consent to the incorporationby reference in the registration statements on Form S-3  (File Nos. 33-66386, 333-20813, 333-33982 and 333-59061) and Form S-8 (FileNos.  33-58465, 333-12161 and 333-56885)of Mid-Atlantic Realty Trust of our report dated February 28, 2003, withrespect to the consolidated balance sheets of Mid-Atlantic Realty Trust andsubsidiaries as of December 31, 2002 and 2001, the related consolidatedstatements of operations, shareholders’ equity and cash flows for each of theyears in the three-year period ended December 31, 2002 and the relatedfinancial statement schedule, which report appears in the December 31, 2002annual report on Form 10-K of Mid-Atlantic Realty Trust.

 

 
| /s/ KPMG LLP   |
|----------------|
|           |
| Baltimore,  MD |
| March 12, 2003 |

 

----
<TABLE> <S> <C>

<ARTICLE>           5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE COMBINED FINANCIAL STATEMENTS AT JUNE 30, 1998 FOR
THE YEAR ENDED JUNE 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>               0000909114
<NAME>              ROSEWOOD CARE CENTER OF GALESBURG
<MULTIPLIER>        1000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               JUN-30-1998
<CASH>                                           2,866
<SECURITIES>                                         0
<RECEIVABLES>                                    4,286
<ALLOWANCES>                                       168
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 7,689
<PP&E>                                          25,264
<DEPRECIATION>                                   8,282
<TOTAL-ASSETS>                                  32,421
<CURRENT-LIABILITIES>                            6,966
<BONDS>                                              0
<COMMON>                                            65
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                       1,900
<TOTAL-LIABILITY-AND-EQUITY>                    32,421
<SALES>                                         31,498
<TOTAL-REVENUES>                                32,153
<CGS>                                                0
<TOTAL-COSTS>                                   26,773
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,924
<INCOME-PRETAX>                                  3,456
<INCOME-TAX>                                       265
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,191
<EPS-PRIMARY>                                       49
<EPS-DILUTED>                                        0
        

</TABLE>
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 446 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 113
115th CONGRESS
  1st Session
                                H. R. 446

                          [Report No. 115-169]

     To extend the deadline for commencement of construction of a 
                         hydroelectric project.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 11, 2017

 Mr. Griffith introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

                             June 12, 2017

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
     To extend the deadline for commencement of construction of a 
                         hydroelectric project.

 

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

SECTION 1. EXTENSION.

    (a) In General.--Notwithstanding the time period specified in 
section 13 of the Federal Power Act (16 U.S.C. 806) that would 
otherwise apply to the Federal Energy Regulatory Commission project 
numbered 12737, the Commission may, at the request of the licensee for 
the project, and after reasonable notice, in accordance with the good 
faith, due diligence, and public interest requirements of that section 
and the Commission's procedures under that section, extend the time 
period during which the licensee is required to commence the 
construction of the project for up to 3 consecutive 2-year periods from 
the date of the expiration of the extension originally issued by the 
Commission.
    (b) Reinstatement of Expired License.--If the period required for 
commencement of construction of the project described in subsection (a) 
has expired prior to the date of the enactment of this Act, the 
Commission may reinstate the license for the project effective as of 
the date of its expiration and the first extension authorized under 
subsection (a) shall take effect on the date of such expiration.
                                                 Union Calendar No. 113

115th CONGRESS

  1st Session

                               H. R. 446

                          [Report No. 115-169]

_______________________________________________________________________

                                 A BILL

     To extend the deadline for commencement of construction of a 
                         hydroelectric project.

_______________________________________________________________________

                             June 12, 2017

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```
<page>

EXHIBIT 32.1

                  CERTIFICATION OF PRINCIPAL EXECUTIVE 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 VOYAGER PETROLEUM, INC. (the
"Company") on Form 10-QSB/A for the period ended September 30, 2007 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Sebastien C. DuFort, Chief Executive Officer and President of the Company,
certify, pursuant to 18 U.S.C. section 1350 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 results of
              operations of the Company.



Date: October 8, 2008                     By: /s/ Sebastien C. DuFort
                                             -----------------------------------
                                             Principal Executive Officer
ORDER OF THE CIVIL SERVICE TRIBUNAL

(First Chamber)

7 October 2009

Case F-3/08

**Luigi Marcuccio**

**v**

**Commission of the European Communities**

(Civil service – Officials – Refusal of an institution to translate a decision – Action manifestly lacking any foundation in law – Article 94 of the Rules of Procedure)

**Application:**brought under Articles 236 EC and 152 EA, in which Mr Marcuccio seeks annulment of the Commission’s decision refusing to send
him an Italian translation of a previous decision, as well as an order that the Commission pay him damages.

**Held:**The applicant’s action is dismissed as manifestly lacking any foundation in law. The applicant is ordered to pay the costs.
The applicant is ordered to pay the Tribunal the sum of EUR 1 000.

**Summary**

*Officials – Administration's duty to have regard for the welfare of officials – Obligation to address to an official an individual
decision worded in a language of which he has a thorough knowledge*

*(Art. 21 EC; Charter of Fundamental Rights, Art. 41(4); Rules of Procedure of the Commission, Annex, para. 4)*

The institutions are under a duty to have regard for the welfare of their officials and therefore to address to an official
an individual decision worded in a language of which he has a thorough knowledge.

It cannot be inferred from the third paragraph of Article 21 EC, or from paragraph 4 of the Code of good administrative conduct,
or from Article 41(4) of the Charter of Fundamental Rights that every decision addressed by a Community institution to one
of its officials should be drawn up in the initial language of correspondence. Those provisions are applicable to relations
between the institutions and their staff only where the latter address a document to the institutions solely in their capacity
as citizens of the European Union and not in their capacity as officials or other staff of the Communities. If the institutions
were obliged, in all events, to reply to a request from an official in the same language as that used in that request, it
would result in insurmountable difficulties for the institutions.

(see paras 29-33)

See:

T-197/98 *Rudolph* v *Commission* [2000] ECR-SC I‐A‐55 and II‐241, para. 46; T-118/99 *Bonaiti Brighina* v *Commission* [2001] ECR-SC I‐A‐25 and II‐97, para. 13; T-95/04 *Lavagnoli* v *Commission* [2006] ECR-SC I‐A‐2‐121 and II‐A‐2‐569, para. 48

F‐51/05 and F‐18/06 *Duyster* v *Commission* [2007] ECR-SC I‐A‐1‐0000 and II‐A‐1‐0000, paras 58 and 59
Exhibit 23.2

                       CONSENT OF INDEPENDENT ACCOUNTANTS




We consent to the incorporation by reference in the Registration Statements
of Bogen Communications International, Inc. (formerly European Gateway
Acquisition Corp.) on Form S-3 (No. 33-99662) and Form S-8 (No. 333-21245) of
our report dated March 7, 1997, on our audits of the consolidataed financial
statements and financial statement schedules of Bogen Communications
International, Inc. as of December 31, 1996, and for each of the two years in
the period ended December 31, 1996, which report is included in this Annual
Report on Form 10-K.


                                                     Coopers & Lybrand L.L.P.

New York, New York
March 30, 1998
EXHIBIT 31.1

CERTIFICATION WITH RESPECT TO ANNUAL REPORT OF

LANDRYS RESTAURANTS, INC.

I, Tilman J. Fertitta, certify that:



|1. | I have reviewed this annual report on Form 10-K/A of Landrys Restaurants, Inc.; and
|-- | ------------------------------------------------------------------------------------



|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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: September 3, 2010



/s/ Tilman J. FertittaTilman J. Fertitta
Chairman of the Board, President and
Chief Executive Officer
Exhibit 31.2



CERTIFICATION BY CHIEF FINANCIAL OFFICER PURSUANT TO

SECURITIES EXCHANGE ACT RULES 13a-14(a) AND 15d-14(a)



I, Rick Russo, certify that:



1. I have reviewed this annual report on Form 10-K of Captiva Software Corporation;



2. Based on my knowledge, this annual 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 annual report;



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



4. The registrants other certifying officer 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 registrant 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 registrant, including its consolidated subsidiaries, is made known to us
by others within those entities, particularly during the period in which this annual report is being prepared;



b) evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this annual report our conclusions about the effectiveness of the disclosure controls and procedures, as of
the end of the period covered by this annual report based on such evaluation; and



c) disclosed in this annual report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case
of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over
financial reporting, to the registrants auditors and the audit committee of the registrant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 registrant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 registrants internal control over financial
reporting.



Date: March 15, 2004



|                                     
|-------------------------------------
|/s/ RICK E. RUSSO                    
|Rick E. Russo Chief Financial Officer
U

. S

. DEPARTMENT OF ENERGY

PUBLIC MEETING ON ENE RGY CONSERVATION STANDARDS FOR

RESIDENTIAL DEHUMIDIFIERS

U.S. Department of Energy

1000 Independence Avenue, SW.

Washington, DC 20 585

Monday

, September 2 4 , 20 12

1 p .m.

– 4 p.m. ET, Room 8E

- 089

Purpose

The Department will present its methodology for conducting the energy conservation

standards rulemaking for residential dehumidifiers. The Department also will seek input

from stakeholders on its planned methodologies, assumptions, and data sources.

Agenda

1 :0 0

- 1 :1 5 p m Welcome, O pening Remarks , and Agenda Review

Doug Brookman

1:15

- 1:20 p m Rulemaking Introduction and Background

Stephen Witkowski

1 : 20

- 2:20 p m Test Procedure, Market and Technology Assessment,

Screening Analysis, and Engineering Analysis

Judith Reich

2:20

- 2:30 p m Preliminary and NOPR Manufacturer Impact Analysis

Ben Barrington

.

2:30

- 2:45 p m Break

2:45

- 3:45 pm Markups for Equipment Price Determination, Energy

Use Determination, Life

- Cycle Cost and Payback

Period Analysis , Shipments Analysis, National Impact

Analysis, LCC Subgroup Analysis , Utility Impact

Analysis, Employment Impact Analysis, Emissions

Analysis , and Regulatory Impact Analysis

Camilla Dunham

- Whitehead

3:45

- 4:00 pm Other Issues and Comments, Closin g Remarks

Stephen Witkowski

4:00 pm Adjourn
21982

#### Broussard v. County of Hawaii

Affirmed