alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Michael K., a Person Alleged to be a Juvenile Delinquent, Appellant.

In a juvenile delingquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Sparrow, J.), dated January 25, 1989, which, upon a fact-finding order of the same court, dated November 23, 1988, made after a hearing, finding that appellant had committed acts which, if committed by an adult, would have constituted the crimes of attempted sodomy in the first degree and sexual abuse in the first degree (two counts), adjudged him to be a juvenile delinquent, and placed him on probation for two years. The appeal brings up for review the fact-finding order dated November 23, 1988.

Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant contends that the Family Court’s dispositional order must be reversed because of the presentment agency’s failure to preserve and disclose alleged *Rosario*material *(see,*Family Ct Act § 331.4 [1] [a]) in the form of a personal account written by the complainant of the sexual assault perpetrated by the appellant. It is clear, however, that the complainant’s notes were only briefly shown to a police officer before they were eventually discarded by the complainant. Thus, unlike the police officers’ notes at issue in *People v Wallace*(76 NY2d 953), they do not constitute *Rosario*material *(see, People v Reedy,*70 NY2d 826; *People v Bailey,*135 AD2d 643, *affd*73 NY2d 812; *cf., Matter of Gina C.,*138 AD2d 77). Moreover, the notes were not made at the direction of any law enforcement agent nor were they in the possession and *622control of the police or the presentment agency. Indeed, the attorney for the presentment agency was unaware of the existence of these notes until the complaining witness mentioned them on cross-examination. Accordingly, this case presents no reversible *Rosario*violation *(see, People v Bailey, supra).*Lawrence, J. P., Sullivan, Rosenblatt and Miller, JJ., concur.
[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Notices]
[Page 70373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29900]


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

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3308]


Commonwealth of Massachusetts

    Suffolk County and the contiguous Counties of Essex, Middlesex, and 
Norfolk in Massachusetts constitute a disaster area as a result of 
damages caused by a fire that occurred on October 29, 2000 in the City 
of Boston. Applications for loans for physical damage as a result of 
this disaster may be filed until the close of business on January 16, 
2001 and for economic injury until the close of business on August 14, 
2001 at the address listed below or other locally announced locations: 
U.S. Small Business Administration, Disaster Area 1 Office, 360 Rainbow 
Boulevard South, 3rd Floor, Niagara Falls, NY 14303.
    The interest rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
  Homeowners with credit available elsewhere.................      7.375
  Homeowners without credit available elsewhere..............      3.687
  Businesses with credit available elsewhere.................      8.000
  Businesses and non-profit organizations without credit           4.000
   available elsewhere.......................................
  Others (including non-profit organizations) with credit          6.750
   available elsewhere.......................................
For Economic Injury:
  Businesses and small agricultural cooperatives without           4.000
   credit available elsewhere................................
------------------------------------------------------------------------

    The numbers assigned to this disaster are 330805 for physical 
damage and 9J4800 for economic injury.

(Catalog of Federal Domestic Assistance Program Nos. 59002 and 
59008)

    Dated: November 14, 2000.
Aida Alvarez,
Administrator.
[FR Doc. 00-29900 Filed 11-21-00; 8:45 am]
BILLING CODE 8025-01-U
Energy East Corp Exhibit 10-22, 10-Q 03/31/05



Exhibit 10-22

 

AMENDMENT NO. 3

to the 

ANNUAL EXECUTIVE INCENTIVE PLAN

of

ENERGY EAST CORPORATION

 

          The Annual Executive Incentive Plan (the "Plan") of Energy East Corporation is hereby amended as follows, effective as of April 7, 2005:
1.  Article IV of the Plan is hereby amended to read in its entirety as follows:


IV.          Eligibility
Eligibility for participation in the Plan is limited to the Chairman of the Company and to officers and other key employees of the Company and its Affiliates who are approved for participation by the Chairman. In determining the individuals who will participate in the Plan, the Chairman shall take into consideration the individual's present and potential contribution to the growth and success of the Company, the individual's position and performance, as well as market practices, and such other factors as the Chairman may deem proper and relevant. Individuals who are participants in any other annual incentive compensation plan provided by the Company or any of its affiliates are not eligible to participate in the Plan. The Chairman shall be a member of Group I. Other Participants shall be grouped at the discretion of the Chairman into Groups II through VII.

In the event that, during the Performance Period, an employee becomes eligible for participation in the Plan, incentive awards payable under the Plan will be determined based on length of participation in the Plan measured retroactively from the first day of the month in which the employee becomes eligible for participation in the Plan.

In the event that, during the Performance Period a Participant changes from one eligibility group to another, incentive awards payable under the Plan will be prorated based on length of participation in each eligibility group measured from the first day of the month coinciding with or following the Participant's change in eligibility. 

If during any Performance Period a Participant ceases to be an employee of the Company or any of its Affiliates for any reason, other than disability or death, such Participant shall not be entitled to receive an award for such Performance Period unless otherwise determined by the Committee in its sole discretion. In the event that, during a Performance Period a Participant ceases to be an employee of the Company or an Affiliate by reason of a transfer of employment to another Affiliate of the Company or to the Company, such Participant will continue to be eligible to receive an award for such Performance Period. In the event of disability or death, the Participant (or his or her successor in interest) shall be entitled to a prorated award based on the number of full months of participation.

Participation in the Plan precludes a Participant's eligibility in any other annual incentive compensation plan provided by the Company and its Affiliates. Individuals entering the Plan during a Performance Period remain eligible to receive prorated awards under other annual incentive compensation plans provided by the Company and its Affiliates for periods prior to their participation in the Plan.
#### In the Matter of Jerry Conner, Appellant, v The People of the State of New York, Respondent.

In a proceeding pursuant to CPLR article 78, the petitioner appeals from a judgment of the Supreme Court, Kings County (Coffinas, J.), entered February 6, 1986, which denied his application to resentence him in connection with a prior judgment of the same court rendered June 7, 1984, which imposed sentence upon his plea of guilty under indictment No. 6704/82 to attempted burglary in the second degree.

Ordered that the judgment is modified by adding thereto a provision dismissing the petition; as so modified, the judgment is affirmed, without costs or disbursements.

The correct procedure for the petitioner to challenge the validity of the sentence imposed on June 7, 1984, was to seek appellate review in this court or to move before the trial court for resentencing pursuant to CPL 440.20. There is no basis for the petitioner to seek such relief in a collateral proceeding in the nature of mandamus *(see, Matter of State of New York v King,*36 NY2d 59, 63). Accordingly, the Supreme Court acted properly by summarily denying the application. However, a decretal paragraph must be added to the judgment dismissing the petition *(see,*CPLR 7806).

We also note that the petitioner’s claim that he was not advised of his right to appeal is an insufficient basis to warrant resentencing absent a showing that he had a genuine appealable issue which he might have raised had he been so advised *(see, People v Melton,*35 NY2d 327; *People v Lynn,*28 NY2d 196). A review of the record herein, including the May 17, 1984, plea minutes attached to the People’s brief, indicate that the petitioner was sentenced in accordance with a negotiated plea which reduced his sentence exposure. There would have been no basis for him to raise the alleged excessiveness of such sentence on appeal *(see, People v Kazepis,*101 AD2d 816; *People v Melton, supra).*Bracken, J. P., Harwood, O’Brien and Ritter, JJ., concur.
IIA

103D CONGRESS

1ST SESSION H. R. 1513

IN THE SENATE OF THE UNITED STATES

MAY 5 (legislative day, April 19), 1993

Received; read twice and referred to the Committee on Environment and

Public Works

AN ACT

To designate the United States courthouse located at 10th

and Main Streets in Richmond, Virginia, as the ‘‘Lewis

F. Powell, Jr. United States Courthouse’’.

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

3 SECTION 1. DESIGNATION OF LEWIS F. POWELL, JR. UNIT4 ED STATES COURTHOUSE.

5 The United States courthouse located at 10th and

6 Main Streets in Richmond, Virginia, is designated as the

7 ‘‘Lewis F. Powell, Jr. United States Courthouse’’.
2

•HR 1513 RFS

1 SEC. 2. LEGAL REFERENCES.

2 Any references in any law, regulation, document,

3 record, map, or other paper of the United States to the

4 courthouse referred to in section 1 is deemed to be a ref5 erence to the ‘‘Lewis F. Powell, Jr. United States Court6 house’’.

Passed the House of Representatives May 4, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.
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  Quarterly  Report on Form 10-Q of WNC Housing Tax
Credits  Fund  V,  L.P.,  Series  3 (the  "Partnership")  for the  period  ended
September 30, 2002 as filed with the Securities  and Exchange  Commission on the
date hereof (the "Report"),  and pursuant to 18 U.S.C., section 1350, as adopted
pursuant to section 906 of the Sarbanes-Oxley Act of 2002, I, Wilfred N. Cooper,
Jr.,  President and Chief Executive Officer of WNC & Associates,  Inc.,  general
partner of the Partnership, hereby certify 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 Partnership.


/s/WILFRED N. COOPER, JR.
-------------------------
Wilfred N. Cooper, Jr.
President and Chief Executive Officer of WNC & Associates, Inc.
December 4, 2002




                            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 WNC Housing Tax
Credits  Fund  V,  L.P.,  Series  3 (the  "Partnership")  for the  period  ended
September 30, 2002 as filed with the Securities  and Exchange  Commission on the
date hereof (the "Report"),  and pursuant to 18 U.S.C., section 1350, as adopted
pursuant to section 906 of the  Sarbanes-Oxley  Act of 2002,  I, Thomas J. Riha,
Chief  Financial  Officer  of WNC &  Associates,  Inc.,  general  partner of the
Partnership, hereby certify 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 Partnership.


/s/THOMAS J. RIHA
-----------------
Thomas J. Riha
Chief Financial Officer of WNC & Associates, Inc.
December 4, 2002
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          28,677
<SECURITIES>                                    10,215<F1>
<RECEIVABLES>                                      224
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                39,815
<PP&E>                                          12,699
<DEPRECIATION>                                   6,610
<TOTAL-ASSETS>                                  46,976
<CURRENT-LIABILITIES>                            9,704
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            25
<OTHER-SE>                                     (1,204)
<TOTAL-LIABILITY-AND-EQUITY>                    46,976
<SALES>                                              0
<TOTAL-REVENUES>                                 2,061
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                20,539
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,690
<INCOME-PRETAX>                               (21,974)
<INCOME-TAX>                                       200
<INCOME-CONTINUING>                           (22,174)
<DISCONTINUED>                                  19,339
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,835)
<EPS-BASIC>                                      (.12)
<EPS-DILUTED>                                   23,354
<FN>
<F1>THIS AMOUNT REPRESENTS SHORT-TERM INVESTMENTS HELD BY THE COMPANY AT 12-31-99
</FN>


</TABLE>
Exhibit 32.1

CERTIFICATION PURSUANT TO
18 U.S.C. §1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly
Report of PACE Health Management Systems, Inc. (the "Company") on Form 10-QSB for the
period ended September 30, 2004 as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), I, John Pappajohn, Director and Acting Chief Executive
Officer of the Company, certify, pursuant to 18 U.S.C.ss.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.
| | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| |                                                                                 | /s/   John Pappajohn | 
| | ------------------------------------------------------------------------------- | -------------------- | 
| |                                                                                
| | John PappajohnDirector and Acting Principal Executive Officer
November 12, 2004 |                     

A signed original of this written
statement required by Section 906 has been provided to and will be retained by PACE
Health Management Systems, Inc. and will be furnished to the Securities and Exchange
Commission or its staff upon request.

12

---
#### BURNSIDE v. STATE.

No. 21448.

Court of Criminal Appeals of Texas.

Feb. 12, 1941.

J. W. McCullough and H. H. Neilson, both of McKinney, for appellant.

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

CHRISTIAN, Judge.

The offense is driving an automobile on a public highway while intoxicated; the punishment, a fine of $50 and confinement in jail for five days.

The record is before us without a statement of facts or bills of exception. No question is presented for review.

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.
I

103D CONGRESS

1ST SESSION H. R. 1431

To guarantee cost-of-living adjustments in fiscal year 1994 for persons receiving benefits under civil service retirement and military retirement and

survivor benefit programs.

IN THE HOUSE OF REPRESENTATIVES

MARCH 23, 1993

Mr. BILIRAKIS introduced the following bill; which was referred jointly to the

Committees on Armed Services and Post Office and Civil Service

A BILL

To guarantee cost-of-living adjustments in fiscal year 1994

for persons receiving benefits under civil service retirement and military retirement and survivor benefit programs.

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

3 Be it enacted by the Senate and House of Representa4 tives of the United States of America in Congress assembled,

5 SECTION 1. BENEFITS PAYABLE FROM THE CIVIL SERVICE

6 RETIREMENT AND DISABILITY FUND.

7 (a) ADJUSTMENTS PROTECTED.—Any percentage

8 adjustment provided by sections 8340 and 8462 of title
2

•HR 1431 IH

1 5, United States Code, to be made during fiscal year 1994

2 in annuities payable from the Civil Service Retirement and

3 Disability Fund referred to in section 8348 of such title

4 shall be made and take effect in accordance with such sec5 tions.

6 (b) REDUCTION OR SUSPENSION PROHIBITED.—

7 During fiscal year 1994, an adjustment described in sub8 section (a) shall not be subject to reduction or suspension

9 under any Presidential order or any provision of law, ex10 cept applicable provisions of chapters 83 and 84 of such

11 title.

12 SEC. 2. MILITARY RETIREMENT AND SURVIVOR BENEFIT

13 PROGRAMS.

14 (a) ADJUSTMENTS PROTECTED.—Any percentage

15 adjustment provided by sections 1401a and 1451(g) of

16 title 10, United States Code, or any other provision of law,

17 to be made during fiscal year 1994 in amounts payable

18 under military retirement and survivor benefit programs

19 shall be made and take effect in accordance with such

20 laws.

21 (b) REDUCTION OR SUSPENSION PROHIBITED.—

22 During fiscal year 1994, an adjustment described in sub23 section (a) shall not be subject to reduction or suspension

24 under any Presidential order or any provision of law, ex25 cept applicable provisions of title 10, United States Code.
3

•HR 1431 IH

1 (c) DEFINITIONS.—For purposes of this Act:

2 (1) The term ‘‘military retirement and survivor

3 benefit programs’’ means—

4 (A) the provisions of law creating entitle5 ment to, or determining the amount of, retired

6 or retainer pay for members of the uniformed

7 services; and

8 (B) the programs providing annuities for

9 survivors of members and former members of

10 the uniformed services, including chapter 73

11 such title, section 4 of Public Law 92–425 (10

12 U.S.C. 1448 note), and section 5 of Public Law

13 96–402 (10 U.S.C. 1448 note).

14 (2) The term ‘‘uniformed services’’ has the

15 meaning given that term in section 101(3) of title

16 37, United States Code.

Æ
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

Notice is hereby given that RiverVest Venture Fund I, L.P. (the Fund), 7701 Forsyth Boulevard, Suite 740, St. Louis, Missouri 63105, has filed a License Application under the Small Business Investment Act of 1958, as amended (“the Act”), in connection with the financing of a small concern, have sought an exemption under section 312 of the Act and section 107.730, Financings which Constitute Conflicts of Interest of the Small Business Administration (“SBA”) rules and regulations (13 CFR 107.730 (2000)). The Fund proposes to provide equity financing to TissueLink Medical, Inc. (“TissueLink”), One Washington Center, Suite 400, Dover, New Hampshire 03820. The financing is contemplated for working capital or inventory purchase, marketing activities, and research and development. 

The financing is brought within the purview of section 107.730(a)(1) of the regulations because Jay W. Schmelter and Crescendo Ventures (“Crescendo”), Associates of the Fund, currently own, directly or indirectly, greater than 10% of TissueLink and therefore TissueLink is considered an Associate of Jay W. Schmelter and Crescendo as defined in section 107.50 of the regulations. (Mr. Schmelter because he is a Control Person of the Fund, and Crescendo Ventures because Mr. Schmelter was formerly a member of the general partner of Crescendo within six months of the date of the subject financing.) 

Notice is hereby given that any interested person may submit written comments on the transaction to the Associate Administrator for Investment, U.S. Small Business Administration, 409 Third Street, SW., Washington, DC 20416. 

Dated: November 21, 2000. 

Don A. Christensen, 

Associate Administrator for Investment. 

[FR Doc. 00-30568 Filed 11-29-00; 8:45 am] 

BILLING CODE 8025-01-U