alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 31.1****CERTIFICATIONS**I, Richard Kurtz, Chairman, Chief Executive Officer and President, certify that:     1. I have reviewed this annual report on Form 10-K/A of Advanced Photonix, Inc.;     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the issuer as of, and for, the periods presented in this report;     4. I am responsible for establishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the issuer and I have:     a) designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the issuer, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this report is being prepared;     b) evaluated the effectiveness of the issuer’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand 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 issuer’s internal control over financialreporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) that occurred during theregistrant’s most recent fiscal quarter (the issuer’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely to materially affect, theissuer’s internal control over financial reporting.     5. The issuer’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the issuer’s auditors and the auditcommittee of the issuer’s board of directors (or persons performing the equivalent functions):     a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect theissuer’s ability to record, process, summarize and report financial information; and     b) any fraud, whether or not material, that involves management or other employees whohave a significant role in the issuer’s internal control over financial reporting.Date: November 13, 2005         /s/ Richard Kurtz   Richard Kurtz   Chairman, Chief Executive Officer, and President
[Federal Register Volume 65, Number 229 (Tuesday, November 28, 2000)]
[Notices]
[Page 70926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30166]



[[Page 70926]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Eye Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting 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 Eye Institute Special Emphasis 
Panel.
    Date: December 8, 2000.
    Time: 9:00 am to 4:00 pm.
    Agenda: To review and evaluate grant applications.
    Place: 6120 Executive Blvd. Suite 350, Rockville, MD 20892.
    Contact Person: Andrew Mariani, PhD, Chief, Scientific Review 
Branch, 6120 Executive Blvd., Suite 350, Rockville, MD 20892, 301/
496-5561.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.867, 
Vision Research, National Institutes of Health, HHS)

    Dated: November 16, 2000.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 00-30166 Filed 11-27-00; 8:45 am]
BILLING CODE 4140-01-M
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM GEOSCIENCE'S 2ND QUARTER 1997 FORM 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                                        <C>
<PERIOD-TYPE>                                6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                           1,135
<SECURITIES>                                         0
<RECEIVABLES>                                   21,848
<ALLOWANCES>                                         0
<INVENTORY>                                     50,944
<CURRENT-ASSETS>                                77,135
<PP&E>                                          22,432
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 117,476
<CURRENT-LIABILITIES>                           39,317
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           105
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   117,476
<SALES>                                              0
<TOTAL-REVENUES>                                46,652
<CGS>                                           27,612
<TOTAL-COSTS>                                   43,408
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 959
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              2,238
<DISCONTINUED>                                 (1,588)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       650
<EPS-PRIMARY>                                     0.06
<EPS-DILUTED>                                        0
        

</TABLE>
**Exhibit 32.2**

 

**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 theQuarterly Report of SITEL Corporation (the “Company”) on Form 10-Q/A for theperiod ending June 30, 2004 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Jorge A. Celaya, ExecutiveVice President, Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that to my knowledge:

 

(1)          TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)          Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| /s/  *Jorge A.  Celaya*                       |   |
|----------------------------------------------------|--------|
| Jorge A.  Celaya                                   |
| Executive  Vice President, Chief Financial Officer |
|                                               |
| November 9,  2004                                  |

 

----
#### BREWER v. STATE.

No. 20863.

Court of Criminal Appeals of Texas.

Feb. 28, 1940.

J.. A. Rhodes, of Navasota, for appellant.

■ Lloyd W. Davidson, State’s Atty., of-Austin, for the State.

CHRISTIAN, Judge.

■ Conviction for a misdemeanor; punishment being assessed at a fine of $50.

The trial court adjourned August 26, 1939. Under Article 760, subd. 5, C.C.P., the time allowed by law for filing the statement of facts in a misdemeanor case, in the absence of an extension of time by order of the court, is thirty days after the day of adjournment of court. Cadrin v. State, 129 Tex.Cr.R. 525, 89 S.W.2d *1001,*and authorities cited. On the 11th of November, 1939, appellant filed a statement of facts in the trial court. The court entered no order granting appellant an extension of time. The statement of facts,having been filed more than thirty days after the date of the adjournment of court,' can not be considered.

No bills of exception are brought forward.

The judgment is affirmed.

PER CURIAM.

The foregoing' opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
     CELTIC INVESTMENT, INC.'S FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS 
     ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1
<CURRENCY>                                     905,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              JUN-30-1998
<PERIOD-START>                                 JUL-01-1997
<PERIOD-END>                                   JUN-30-1998
<EXCHANGE-RATE>                                1
<CASH>                                         905,000
<SECURITIES>                                   0
<RECEIVABLES>                                  6,832,000
<ALLOWANCES>                                   (233,000)
<INVENTORY>                                    0
<CURRENT-ASSETS>                               7,504,000
<PP&E>                                         256,000
<DEPRECIATION>                                 (162,000)
<TOTAL-ASSETS>                                 9,605,000
<CURRENT-LIABILITIES>                          5,461,000
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       5,080,000
<OTHER-SE>                                     (936,000)
<TOTAL-LIABILITY-AND-EQUITY>                   9,605,000
<SALES>                                        3,731,000
<TOTAL-REVENUES>                               3,731,000
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               2,906,000
<LOSS-PROVISION>                               136,000
<INTEREST-EXPENSE>                             566,000
<INCOME-PRETAX>                                123,000
<INCOME-TAX>                                   (395,000)
<INCOME-CONTINUING>                            518,000
<DISCONTINUED>                                 (76,000)
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   442,000
<EPS-PRIMARY>                                  .11
<EPS-DILUTED>                                  .11
        


</TABLE>
<PAGE>
                                                                      EXHIBIT 32

                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 on Form 10-Q of SS&C Technologies, Inc.
(the "Company") for the period ended September 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned officers of the Company hereby certify, pursuant to 18 U.S.C.
Section 1350, 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: November 8, 2004              By:/s/ William C. Stone

                                        William C. Stone
                                        Chief Executive Officer

    Date: November 8, 2004              By:/s/ Patrick J. Pedonti

                                        Patrick J. Pedonti
                                        Chief Financial Officer

The foregoing certification is being furnished as an exhibit to the Form 10-Q
pursuant to Item 601(b) (32) of Regulation S-K and Section 906 of the
Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63
of title 18, United States Code) and, accordingly, is not being filed as part of
the Form 10-Q.
STEAM ELECTRIC

C B I R E P L AC E M E NT P A G E

EPA

- HQ

- OW

- 20 09

- 0819

DCN:

________________________________________

T H E FO LL OW ING H AS BEE N R E M O V E D BE CAUSE IT
C O N T AINS C O N F ID E N T IAL B USIN E SS IN FO RMA T I O N (C B I) P E R 4 0 C F R P ART 2
, SU B P ART B

. SE0 4360A168
[Federal Register Volume 65, Number 232 (Friday, December 1, 2000)]
[Notices]
[Page 75235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30598]


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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. 00-114-1]


General Conference Committee of the National Poultry Improvement 
Plan; Meeting

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: We are giving notice of a meeting of the General Conference 
Committee of the National Poultry Improvement Plan.

DATES: The General Conference Committee will meet on December 12, 2000, 
from 9:00 a.m. to 4 p.m. and on December 13, 2000, from 8:00 a.m. to 
noon.

ADDRESSES: On December 12, 2000, the meeting will be held at the USDA 
South Building, 14th Street and Independence Avenue SW., Room 3501, 
Washington, DC; and on December 13, 2000, at the USDA Center at 
Riverside, 4700 River Road, Room 2D02CN, Riverdale, MD.

FOR FURTHER INFORMATION CONTACT: Mr. Andrew R. Rhorer, Senior 
Coordinator, National Poultry Improvement Plan, VS, APHIS, 1498 
Klondike Road, Suite 200, Conyers, GA 30094-1231; (770) 922-3496.

SUPPLEMENTARY INFORMATION: The General Conference Committee (the 
Committee) of the National Poultry Improvement Plan, representing 
cooperating State agencies and poultry industry members, serves an 
essential function by acting as liaison between the poultry industry 
and the Department in matters pertaining to poultry health.
    Topics for discussion at the upcoming meeting include:
    1. U.S. Salmonella Clean program for meat-type chicken breeding 
flocks.
    2. Mycoplasma gallisepticum epidemiology update.
    3. Proposed changes to the provisions of the National Poultry 
Improvement Plan.
    4. Salmonella enteritidis in egg-type chicken breeding flocks.
    The meeting will be open to the public. However, due to time 
constraints, the public will not be allowed to participate in the 
discussions during the meeting. Written statements on meeting topics 
may be filed with the Committee before or after the meeting by sending 
them to the person listed under FOR FURTHER INFORMATION CONTACT. 
Written statements may also be filed at the meeting. Please refer to 
Docket No. 00-114-1 when submitting your statements.
    This notice of meeting is given pursuant to section 10 of the 
Federal Advisory Committee Act.

    Done in Washington, DC, this 21st day of November 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-30598 Filed 11-30-00; 8:45 am]
BILLING CODE 3410-34-P
#### M. J. MOORE, Appellant, v. Clyde ECKOLS, Appellee.

No. 10934.

Court of Civil Appeals of Texas. San Antonio.

April 2, 1941.

J. O. Faith, of Karnes City, for appellant.

W. T. Scarborough, of Kenedy, for ap-pellee.

PER CURIAM.

The case is one of fact which the trial judge resolved against appellant, upon-what is deemed sufficient evidence. No good purpose can be served by filing a written opinion, and under the now settled rule none will be filed. Page v. Hart, Tex.Civ.App., 124 S.W.2d 399; Tucker v. Higdon, Tex.Civ.App., 115 S.W.2d 973, and authorities there cited; Texas & N. O. Ry. v. Futch, Tex.Civ.App., 127 S.W.2d 1040.

Affirmed.
I

103D CONGRESS

1ST SESSION H. R. 1232

To direct the Secretary of Health and Human Services to waive the application to the District of Columbia Chartered Health Plan, Inc., of the

requirement under title XIX of the Social Security Act that limits the

maximum number of individuals enrolled with a health maintenance

organization who may be beneficiaries under the medicare or medicaid

programs.

IN THE HOUSE OF REPRESENTATIVES

MARCH 4, 1993

Ms. NORTON (for herself, Mr. FORD of Tennessee, and Mr. TOWNS) introduced the following bill; which was referred to the Committee on Energy

and Commerce

A BILL

To direct the Secretary of Health and Human Services to

waive the application to the District of Columbia Chartered Health Plan, Inc., of the requirement under title

XIX of the Social Security Act that limits the maximum

number of individuals enrolled with a health maintenance

organization who may be beneficiaries under the medicare or medicaid programs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1232 IH

1 SECTION 1. WAIVER OF APPLICATION OF MEDICAID EN2 ROLLMENT MIX REQUIREMENT TO DISTRICT

3 OF COLUMBIA CHARTERED HEALTH PLAN,

4 INC.

5 (a) IN GENERAL.—The Secretary of Health and

6 Human Services shall retroactively waive the application

7 of the requirement described in section 1903(m)(2)(A)(ii)

8 of the Social Security Act to the entity known as the Dis9 trict of Columbia Chartered Health Plan, Inc., for the pe10 riod described in section 2, if the Secretary determines

11 that the entity is making continuous efforts and progress

12 toward achieving compliance with such requirement.

13 (b) PERIOD OF APPLICABILITY.—The period referred

14 to in subsection (a) is the period that begins on October

15 1, 1992, and ends on January 31, 1994.

Æ
#### The People of the State of New York, Respondent, v Derrick Johnson, Appellant.

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered on May 5, 1989, convicting defendant, upon a plea of guilty, of two counts of criminal possession of a controlled substance in the fifth degree and sentencing defendant to concurrent, indeterminate terms of imprisonment of 3 to 6 years, is unanimously affirmed.

We are unpersuaded that the sentence imposed was unduly *279harsh or severe. Taking into account, "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction”, we perceive no abuse of discretion warranting a reduction in sentence. *(People v Farrar, 52*NY2d 302, 305.)

Further, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. "Having received the benefit of his bargain, defendant should be bound by its terms.” *(People v Felman,*141 AD2d 889, 890, *lv denied*72 NY2d 918.) Concur—Murphy, P. J., Milonas, Rosenberger and Asch, JJ.
exv10w2



 







Exhibit 10.2




2005 Director Compensation Plan




On March 4, 2005, the Human Resources Committee of the Board approved the
terms of the Company’s 2005 Director Compensation Plan as follows:





	1.  	Cash Compensation





Each non-management Board member other than the Chairman of the Board will be
paid an annual retainer of $20,000 and $500 for attendance at each meeting.
The Chairman of the Board will be paid an annual retainer of $27,500 and
$2,000 for attendance at each meeting. In addition, the Chairman of the Human
Resources Committee and the Chairman of the Audit Committee will each be paid
a supplemental annual retainer of $5,000. All Board compensation is paid
quarterly, as earned.





	2.  	Equity Compensation:





New Board Members: The number of option shares granted to each new
outside (non-management) director upon joining the Company’s Board will
be 20,000 option shares.




Current Board Members: In 2005, all current non-management members of the
Board are to receive at the last Board meeting of the calendar year a grant
of 15,000 option shares. An additional 15,000 option shares will be granted
to such Board members on the three year anniversary of such grant, and each
succeeding three year anniversary thereafter, based on continuous Board
service.
#### The People of the State of New York, Respondent, v Isaac Apolinar, Appellant.

Judgment, Supreme Court, New York County (Paul Bookson, J., at suppression hearing and jury trial), rendered March 3, 1989, convicting defendant of attempted robbery in the second degree and sentencing him to an indeterminate term of 1% to 5 years’ imprisonment, unanimously affirmed.

The elderly complainant, who was walking near 101st Street, was approached by one Quintana, who placed his hand into the complainant’s pocket. A short while later, as the complainant reached his residence, he was thrown to the ground by Quintana, after which Quintana and defendant searched his pockets. The doorman and superintendent of complainant’s residence came to the complainant’s assistance; both identified defendant at trial.

We reject defendant’s claim that his conviction should be reduced to attempted grand larceny in the fourth degree. While the victim had health problems, we find no basis to disturb the jury’s determination of his credibility. The victim demonstrated his ability to recount the details of the night in question, as well as many significant events of his life during the course of an extended cross-examination. Moreover, his testimony was corroborated by the testimony of both a superintendent and a doorman who were witnesses.

Evidence that Quintana put his hand in the victim’s pocket the first time was properly admitted, since this act was not a prior uncharged crime, but was part of a single criminal incident. Defendant’s remaining claims are unpreserved and without merit. The court did not give the jury an expanded charge on the victim’s capacity to recall and retain what he perceived (1 CJI[NY] 7.00, at 260), but defendant did not ask for one, and we find the court’s general instructions to have adequately conveyed the principles needed to assess the vie*291tim’s testimony. Moreover, counsel’s extended inquiry as to the victim’s medical problems made it plain that the value of his testimony depended on an assessment of his faculties by the jury.

Nor do we find the prosecutor’s summation in any way suggestive that defendant could be found guilty on proof less than that beyond a reasonable doubt, and in light of defense counsel’s argument on the evidence, we find the prosecutor’s remarks to be responsive and not prejudicially inflammatory. *(People v*Marks, 6 NY2d 67, 77, *cert denied*362 US 912.) Concur—Murphy, P. J., Sullivan, Carro, Milonas and Rubin, JJ.