alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Fourth Street Associates of Garden City et al., Appellants-Respondents, v Building Division and Bureau of Fire Prevention of the Incorporated Village of Garden City et al., Respondents-Appellants.

In a proceeding pursuant to CPLR article 78 to compel the issuance of a building permit, and for related relief, (1) the petitioners appeal from an order and judgment (one paper) of the Su*619preme Court, Nassau County (Molloy, J.), entered December 11, 1985, which, *inter alia,*granted the respondents-appellants’ motion for summary judgment dismissing the petition, and (2) the Building Division and Bureau of Fire Prevention of the Incorporated Village of Garden City, and Michael D. Filippon, Building Inspector, appeal from a judgment of the same court, entered April 20, 1988, which, upon an order dated August 28, 1986, granting the petitioners’ motion for renewal and reargument, and, in effect, vacating the judgment entered December 11, 1985, and upon a jury verdict, granted the petition and directed the issuance of the building permit.

Ordered that the appeal from the judgment entered December 11, 1985, is dismissed, as that judgment was superseded by the judgment entered April 20, 1988; it is further,

Ordered that the judgment entered April 20, 1988, is reversed, on the law, and the proceeding is dismissed; and it is further,

Ordered that the respondents-appellants are awarded one bill of costs.

In a related appeal *(Fourth St. Assocs. v Incorporated Vil. of Garden City,*168 AD2d 603 [decided herewith]) we have upheld the validity of Local Laws, 1984, No. 1 of the Incorporated Village of Garden City. In the present proceeding, we reject the petitioners’ argument that they had acquired a "vested right” to operate a restaurant under the law as it existed previously, as well as the argument that the respondents-appellants acted in bad faith in preventing them from acquiring a "vested right”, and in deliberately delaying determination of their application for a building permit. The evidence adduced by the petitioners at the trial was legally insufficient to warrant a finding that the respondents-appellants were guilty of "malice, oppression, manipulation or corruption” *(Matter of Aversano v Two Family Use Bd.,*117 AD2d 665, 667) in their processing of the petitioners’ application. The petitioners’ application must, therefore, be reviewed under existing, rather than preexisting law *(see also, Rocco v City of Mount Vernon,*160 AD2d 863; *Matter of McDonald’s Corp. v Village of Elmsford,*156 AD2d 687; *Matter of Bibeau v Village Clerk of Vil. of Tuxedo Park,*145 AD2d 478; *cf., Matter Pokoik v Silsdorf,*40 NY2d 769; *see also,*2 Anderson, New York Zoning Law and Practice § 26.23, at 409-410 [3d ed]). Bracken, J. P., Brown, Lawrence and Kooper, JJ., concur.
` UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-6996

GRADY EDWARD LLOYD,

Plaintiff - Appellant,

versus

WILLIE L. EAGLETON, Warden; JOETTE D.

SCARBOROUGH, Assistant Director of

Institutional Classification; ARTHUR HOUSTON,

State Classification,

Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Beaufort. David C. Norton, District Judge.

(9:05-cv-02314-DCN)

Submitted: October 17, 2006 Decided: October 20, 2006

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Affirmed in part, vacated in part by unpublished per curiam

opinion.

Grady Edward Lloyd, Appellant Pro Se. Edgar Lloyd Willcox, II,

WILLCOX, BUYCK & WILLIAMS, PA, Florence, South Carolina, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Grady Edward Lloyd appeals from the district court’s

order accepting the recommendation of the magistrate judge and

denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have

reviewed the record and the district court’s opinion and find no

reversible error. Accordingly, we affirm for the reasons stated by

the district court. See Lloyd v. Eagleton, No. 9:05-cv-02314-DCN

(D.S.C. May 16, 2006). However, because Lloyd’s action was

dismissed upon a grant of summary judgment to the Defendants, we

vacate the district court’s order to the extent it assessed a

strike for purposes of 28 U.S.C. § 1915(g) (2000). 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 IN PART,

VACATED IN PART
IN'|IIE UNITED STATES DISTRIC'I' COURT

FOR TriE NORTHERN DISI-RICT OF TtrXAS

AMARILLO DIVISION

IrELI Ph I{UIZ-BASTIDA.

Petitioner

2:22-CY - 168-2-BR

UNITITD S'|ATES OF AMERICA.

Respondent.

OITDER ADOPTING FINDINGS, CONCLUSIONS, AND RECONIMENDATION

Befbre the Court are the findings, conclusions. and recommendation of the United States

lvlagistrate Judge to dismiss the 28 U.S.C. $ 2255 Motion to Vacate tiled by Petitioner ("FCR").

F-CF No. 17. Objections to the FCR have been filed. ECIi No. 19. After making an independent

revicw ol'the pleadings. tlles. records, and objections in this casc. the Court concludes that the

FCR of thc Magistrate Judge is correct. lt is therefbre ORDERIID that thc FCR of the Magistrate

Judge is ADOPTED and the case is DISMISSED.

Additionally, the Court DENIES a certitlcate of appealability ("COA").r A district court

nray deny a CIOA suu sponle and without requiring firrthcr bricling or argument. See Alexander v.

,lohn^son.2ll F.3d 895, 898 (5th Cir.2000). Considering thc record in this case and pursuant to

Federal Rulc of Appellate Procedure 22(b), Rule I l(a) of the Rules Governing $$ 2254 and2255

proceedings. and 28 U.S.C. $ 2253(c), and ADOPTING and INCORPORATING the Magistrate

Judge's IrCR. the Court t'inds that Petitioner has tailed to show'that reasonable jurists would find

I Becausc the Motion to Vacate is governed by the Antiterrorism and Ettbctive Death Penalty Act. codified as amended

at28U.S.C.s\1253,aCOAisa'jurisdictional prerequisite"betbreanappeal rnayprocecd.,ltiller-El v.Coc'krell,531

Ll.S. 321. 336 (200i) (citing 28 U.S.C. s\ 2253(cXl))'. I-lullmurk v. .lohn.son. ll8 F.3d 1073. 1076 (5th Cir. 1997)

(noting \rs 2254 and 22-55 actions require a COA).

Case 2:22-cv-00168-Z-BR Document 20 Filed 10/30/23 Page 1 of 2 PageID 87
"it debatable whether the pe'tition states a valid claim of the denial of a constitutional right" or

"debatablc- whether [this Courtl was correct in its procedural ruling." Sluckv. ,llc'Duniel.529 U.S.

473. 48-r (2000).

IT IS SO ORDERT]D.

OctoberT0 2023

W J. KACSMARYK

LINITED STATES DISI'RICI' JUDGF.,

)

Case 2:22-cv-00168-Z-BR Document 20 Filed 10/30/23 Page 2 of 2 PageID 88
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 s e a r c h o n l y G R A I P GO

H O M E PR O JEC T S G R AI P T h e Ge o m o r p hi c Ro a d A n a l ys i s a n d In ve n t o r y Pa c ka ge ( GRA IP) i s d e s i g n e d t o h e l p l a n d m a n a g e r s l e a r n a b o u t t h e i m p a c t s o f r o a d s y s t e m s o n e r o s i o n a n d s e d i m e n t d e l i v e r y t o s t r e a m s . A s t h e n a m e i m p l i e s ,G R A I P c o u p l e s a n a l y t i c a l t o o l s w i t h a n i n v e n t o r y p r o c e s s t o b u i l d a n a p p r o a c h t o r o a d s a n a l y s i s t h a t c a n b e l o c a l l y c a l i b r a t e d i n a r e p e a t a b l e f a s h i o n a n d w i t h m i n i m a l e f f o r t . T h e f u l l s c o p e o f G R A I P i n c l u d e s m e t h o d s t o i n v e n t o r y r o a d s a n d a n a l y z e t h e i n v e n t o r y f o r s u r f a c e e r o s i o n ,g u l l y r i s k , l a n d s l i d e r i s k a n d s t r e a m c r o s s i n g f a i l u r e r i s k s . M e t h o d s t o m e a s u r e r o a d s u r f a c e e r o s i o n f r o m s a m p l e s i t e s a r e a l s o i n c l u d e d . P l e a s e e x p l o r e t h e R ES O UR C ES s e c t i o n a l o n g t h e r i g h t f o r m o r e d e t a i l e d i n f o r m a t i o n . 

### P R O JEC T H I G HL I G HT S R ES O UR C ES B e l o w a r e u s e f u l r e s o u r c e s t o h e l p a s s i s t i n g a t h e r i n g i n f o r m a t i o n a b o u t p a s t ,p r e s e n t ,o r p l a n n e d G R A I P p r o j e c t s :

F i n d A W A E a n d f o l l o w u s o n y o u r f a v o r i t e s o c i a l m e d i a s i t e :

| R M R S Ho m e | AW AEHo m e | Di s c l a i m e r s | F r e e d o m o f I n f o r m a t i o n Ac t (F O I A)| P r i v a c y N o t i c e | Qu a l i t y o f I n f o r m a t i o n | P r i n t T h i s P a g e | I N T R O DUC T I O N P UBL I C AT I O N S F AQ S T R AI N I N G O P P O R T UN I T I ES J O BS & S UM M ER E M P L O Y M EN T C O N T AC T S D O W N L O ADS & S O F T W AR E C AS E S T UD I ES S UP P O R T I N G I N F O R M AT I O N L I N KS & M O DEL S P HO T O G AL L ER Y ABO UT AW AE R ES EAR C H P R O JEC T S ,T O O L S ,& DAT A P UBL I C AT I O N S C O N T AC T US 

# Page 1 of 1 GRAIP Home Page |Air,W ater,& Aquatic Environments (AW AE)Program
- USDA Fo
...

11/3/2015 http://www.fs.fed.us/GRAIP/
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205.52. Tax on sales at retail; rate; applicability; failure to keep..., MI ST 205.52

© 2015 Thomson Reuters. No claim to original U.S. Government Works. 1 KeyCite Yellow Flag - Negative Treatment Proposed Legislation Michigan Compiled Laws Annotated Chapter 205. Taxation General Sales Tax Act (Refs & Annos) M.C.L.A. 205.52

205.52. Tax on sales at retail; rate; applicability; failure to keep separate books Currentness Sec. 2. (1) Except as provided in section 2a, 1 there is levied upon and there shall be collected from all persons engaged in the business of making sales at retail, by which ownership of tangible personal property is transferred for consideration, an annual tax for the privilege of engaging in that business equal to 6% of the gross proceeds of the business, plus the penalty and interest if applicable as provided by law, less deductions allowed by this act. (2) The tax under subsection (1) also applies to the following: (a) The transmission and distribution of electricity, whether the electricity is purchased from the delivering utility or from another provider, if the sale is made to the consumer or user of the electricity for consumption or use rather than for resale. (b) The sale of a prepaid telephone calling card or a prepaid authorization number for telephone use, rather than for resale, including the reauthorization of a prepaid telephone calling card or a prepaid authorization number. (c) A conditional sale, installment lease sale, or other transfer of property, if title is retained as security for the purchase but is intended to be transferred later. (3) Any person engaged in the business of making sales at retail who is at the same time engaged in some other kind of business, occupation, or profession not taxable under this act shall keep books to show separately the transactions used in determining the tax levied by this act. If the person fails to keep separate books, there shall be levied upon him or her the tax provided for in subsection (1) equal to 6% of the entire gross proceeds of both or all of his or her businesses. The taxes levied by this section are a personal obligation of the taxpayer. (4) A meal provided free of charge or at a reduced rate to an employee during work hours by a food service establishment licensed by the Michigan department of agriculture for the convenience of the employer is not considered transferred for consideration. Credits Amended by P.A.1984, No. 228, § 1, Imd. Eff. July 30; P.A.1993, No. 325, § 1, Eff. May 1, 1994 ; P.A.2004, No. 173, Eff. Sept. 1, 2004 .205.52. Tax on sales at retail; rate; applicability; failure to keep..., MI ST 205.52

© 2015 Thomson Reuters. No claim to original U.S. Government Works. 2 Notes of Decisions (78)

Footnotes 1 M.C.L.A. § 205.52a . M. C. L. A. 205.52, MI ST 205.52 The statutes are current through P.A.2015, No. 130, of the 2015 Regular Session, 98th Legislature. End of Document © 2015 Thomson Reuters. No claim to original U.S. Government Works.
Case 7:22-cr-00022-O Document 16 Filed 06/22/22 Page 1 of 2 PageID 18
Case 7:22-cr-00022-O Document 16 Filed 06/22/22 Page 2 of 2 PageID 19
EXHIBIT 32.2

CERTIFICATE OF THE CHIEF FINANCIAL OFFICER
OFFNBH BANCORP, INC.

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

I,
Janice B. Trouba, Chief Financial Officer of FNBH Bancorp, Inc., certify, to the best of
my knowledge and belief, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18
U.S.C. 1350) that:

(1)       
The quarterly report on Form 10-Q/A for the quarterly period ended September 30, 2007,
which this statement accompanies, fully complies with requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and;

(2)       
The information contained in this quarterly report on Form 10-Q/A for the quarterly period
ended September 30, 2007, fairly presents, in all material respects, the financial
condition and results of operations of FNBH Bancorp, Inc.

|Date:  February 5, 2008 |  | FNBH BANCORP, INC.By: /s/ Janice B. Trouba       
       Janice B. TroubaIts: Chief Financial Officer
|----------------------- |  | -------------------------------------------------------------------------------------------------------------------

The 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 FNBH Bancorp, Inc.
and will be retained by FNBH Bancorp, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
EXHIBIT 32.1

CERTIFICATE OF THECHIEF
EXECUTIVE OFFICER OFFNBH BANCORP, INC.

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

I,
Ronald L. Long, President and Chief Executive Officer of FNBH Bancorp, Inc., certify, to
the best of my knowledge and belief, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002 (18 U.S.C. 1350) that:

(1)       
          The quarterly report on Form 10-Q for the quarterly period ended September 30,
          2008, which this statement accompanies, fully complies with requirements of
          Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and;

(2)       
          The information contained in this quarterly report on Form 10-Q for the
          quarterly period ended September 30, 2008, fairly presents, in all material
          respects, the financial condition and results of operations of FNBH Bancorp,
          Inc.

|Date: November 7, 2008 |  | FNBH BANCORP, INC.By: /s/ Ronald L. Long      
      Ronald L. LongIts: President and Chief Executive Officer
|---------------------- |  | ---------------------------------------------------------------------------------------------------------------------------

The 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 FNBH Bancorp, Inc.
and will be retained by FNBH Bancorp, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
IA

103D CONGRESS

1ST SESSION H. J. RES. 116

Designating August 23, 1993, as ‘‘National Health Unit Coordinator Day’’.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 18, 1993

Ms. KAPTUR introduced the following joint resolution; which was referred to

the Committee on Post Office and Civil Service

JOINT RESOLUTION

Designating August 23, 1993, as ‘‘National Health Unit

Coordinator Day’’.

Whereas the National Association of Health Unit Clerks-Coordinators (hereinafter in this preamble referred to as

‘‘NAHUC’’) was founded on August 23, 1980, in Phoenix, Arizona, where 10 concerned unit clerks and instructors met at the first organizational meeting to develop

unit coordinating into a recognized health profession;

Whereas health unit coordinators transcribe physicians’ orders and enter such orders into computers, coordinate the

patient’s care with the various medical departments,

greet patients and visitors, answer telephones, order unit

supplies, and keep the paper work flowing and commu-
2

•HJ 116 IH

nication lines open between units and the ancillary departments;

Whereas in the last 10 years, NAHUC has developed a national certification program as well as standards of education and practice, and NAHUC is developing an accreditation process for education programs; and

Whereas the designation of a ‘‘National Health Unit Coordinator Day’’ will give the more than 14,000 certified

health unit coordinators and the persons they serve an

opportunity to celebrate the important contributions this

profession makes to the continuing fight for well-being:

Now, therefore, be it

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That August 23, 1993, is designated as ‘‘National Health

4 Unit Coordinator Day’’. The President is authorized and

5 requested to issue a proclamation calling upon the people

6 of the United States to observe the day with appropriate

7 programs and activities.

Æ