alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**352 CA 14-01459** 
PRESENT: SCUDDER, P.J., SMITH, CARNI, SCONIERS, AND WHALEN, JJ.

DAMARIS A. CORZATT, PLAINTIFF-APPELLANT,

V MEMORANDUM AND ORDER

ZACHAREY A. TAYLOR, DEFENDANT-RESPONDENT, ET AL., DEFENDANT.

FITZSIMMONS, NUNN & PLUKAS, LLP, ROCHESTER (JASON E. ABBOTT OF COUNSEL), FOR PLAINTIFF-APPELLANT.

TREVETT CRISTO SALZER & ANDOLINA P.C., ROCHESTER (ERIC M. DOLAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered June 25, 2014. The order granted the motion of defendant Zacharey A. Taylor to dismiss the complaint against him.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint against defendant Zacharey A. Taylor is reinstated.

Memorandum: Plaintiff commenced this action seeking damages for injuries she allegedly sustained in a motor vehicle accident. She had previously commenced an action in Rochester City Court seeking $4,741.04 for property damage to her vehicle. In consideration of that sum, plaintiff signed a release in favor of, inter alia, defendant Zacharey A. Taylor (defendant), releasing him from “all actions, causes of action . . . claims and demands whatsoever” that plaintiff “ever had” against defendant “from the beginning of the world to the day of the date of this RELEASE. And more particularly for any and all property damage claims as a result of [the subject] motor vehicle accident.”

We conclude that Supreme Court erred in granting defendant’s motion to dismiss the complaint against him in the instant action pursuant to CPLR 3211 (a) (5) based upon the release. “The meaning and scope of a release must be determined within the context of the controversy being settled” ( Matter of Schaefer , 18 NY2d 314, 317; see Kaminsky v Gamache , 298 AD2d 361, 362), and “a release may not be read to cover matters which the parties did not desire or intend to dispose of” ( Cahill v Regan , 5 NY2d 292, 299; see Desiderio v Geico Gen. Ins. Co. , 107 AD3d 662, 663; Bugel v WPS Niagara Props. , 19 AD3d 1081, 1082). “Moreover, it has long been the law that where a release contains a recital of a particular claim, obligation or controversy**-2- 352 CA 14-01459** 

and there is nothing on the face of the instrument other than general words of release to show that anything more than the matters particularly specified was intended to be discharged, the general words of release are deemed to be limited thereby” ( Abdulla v Gross
, 124 AD3d 1255, 1257 [internal quotation marks omitted]). Here, viewing the release in the context of the controversy being settled and in light of the specific reference to plaintiff’s property damage claims, we conclude that the parties intended that plaintiff release only such property damage claims ( see Bugel , 19 AD3d at 1083; Kaminsky , 298 AD2d at 362).

Entered: March 27, 2015 Frances E. Cafarell Clerk of the Court
Washington, D.C. • Brussels • San Francisco • Shanghai 

www.khlaw.com 

KELLER AND HECKMAN LLP

MEMORANDUM 

TO: Eric Stas 

U.S. Department of Energy 

FROM: Jean-Cyril Walker, Partner +1 202.434.4181 

walker@khlaw.com 

DATE: April 8, 2015 

RE: Ex Parte Communication re Energy Conservation Standards for Single 

Package Vertical Air Conditioners and Single Package Vertical Heat Pumps, 

79 Fed. Reg. 78,614 (Dec. 30, 2014) (Docket No. EERE-2012-BT-STD-0041) 

This memorandum memorializes the meeting between National Comfort Products 

(“NCP”) and the U.S. Department of Energy (“DOE”) on February 25, 2015, for inclusion in the 

public docket. In summary, we discussed NCP’s written comments, dated March 2, 2015, on 

DOE’s proposed rule on Energy Conservation Standards for Single Package Vertical Air 

Conditions and Single Package Vertical Heat Pumps, 79 Fed. Reg. 78,614 (Dec. 30, 2014), 

Docket No. EERE-2012-BT-STD-0041. 

The attendees were: 

Ashley Armstrong, DOE 

Laura Barhydt, DOE 

Nathan Cardon, Keller and Heckman LLP 

David Case, DOE 

John Cymbalsky, DOE 

Daniel Cohen, DOE 

Johanna Hariharan, DOE 

Brian Kelly, NCP 

David Mecadon, NCP 

Vince Mucciola, NCP 

Francine Pinto, DOE 

Eric Stas, DOE 

Jean-Cyril Walker, Keller and Heckman LLP
# C_2023258EN.01000601.xml

| 21.7.2023 | EN | Official Journal of the European Union | C 258/6 |
| --- | --- | --- | --- |

21.7.2023

EN

Official Journal of the European Union

C 258/6

---

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union

Cases where the Commission raises no objections

SA.107455

(Text with EEA relevance)

(2023/C 258/05)

| Date of adoption of the decision | 6.7.2023 |
| --- | --- |
| Aid number | SA.107455 |
| Member State | Cyprus |
| Region | |
| Title (title and/or name of the beneficiary) | Third amendment to the liquidation aid for the orderly market exit of Cyprus Cooperative Bank Ltd |
| Legal basis | Decision by Council of Ministers dated 8 February 2023 for approval of the Mortgage-to-Rent Scheme |
| Type of measure | Ad Hoc Case |
| Objective | Remedy for a serious disturbance in the economy |
| Form of aid | Other |
| Budget | Overall budget: 0 EUR |
| Intensity | |
| Duration | |
| Economic sectors | Financial service activities, except insurance and pension funding |
| Name and address of the granting authority | Ministry of Finance |
| Michael Karaoli & Gregory Afxentiou Str., 1439 Nicosia, Cyprus |

Date of adoption of the decision

6.7.2023

Aid number

SA.107455

Member State

Cyprus

Region

Title (title and/or name of the beneficiary)

Third amendment to the liquidation aid for the orderly market exit of Cyprus Cooperative Bank Ltd

Legal basis

Decision by Council of Ministers dated 8 February 2023 for approval of the Mortgage-to-Rent Scheme

Type of measure

Ad Hoc Case

Objective

Remedy for a serious disturbance in the economy

Form of aid

Other

Budget

Overall budget: 0 EUR

Intensity

Duration

Economic sectors

Financial service activities, except insurance and pension funding

Name and address of the granting authority

Ministry of Finance

Michael Karaoli & Gregory Afxentiou Str., 1439 Nicosia, Cyprus

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

https://ec.europa.eu/competition/elojade/isef/index.cfm

---
# C_2022093EN.01000801.xml

| 28.2.2022 | EN | Official Journal of the European Union | C 93/8 |
| --- | --- | --- | --- |

28.2.2022

EN

Official Journal of the European Union

C 93/8

---

Notice of the impending expiry of certain anti-dumping measures

(2022/C 93/07)

1.   As provided for in Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.

2.   Procedure

Union producers may submit a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit G-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

4.   This notice is published in accordance with Article 11(2) of Regulation (EU) 2016/1036.

| Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry (3) |
| --- | --- | --- | --- | --- |
| Ceramic tiles | The People’s Republic of China | Anti-dumping duty | Commission Implementing Regulation (EU) 2017/2179 of 22 November 2017 imposing a definitive anti-dumping duty on imports of ceramic tiles originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
  (OJ L 307, 23.11.2017, p. 25) | 24.11.2022 |

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry (3)

Ceramic tiles

The People’s Republic of China

Anti-dumping duty

Commission Implementing Regulation (EU) 2017/2179 of 22 November 2017 imposing a definitive anti-dumping duty on imports of ceramic tiles originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

(OJ L 307, 23.11.2017, p. 25)

24.11.2022

---

(1)  OJ L 176, 30.6.2016, p. 21.

(2)  TRADE-Defence-Complaints@ec.europa.eu

(3)  The measure expires at midnight (00:00) of the day mentioned in this column.

---
# C_2022277EN.01000501.xml

| 19.7.2022 | EN | Official Journal of the European Union | C 277/5 |
| --- | --- | --- | --- |

19.7.2022

EN

Official Journal of the European Union

C 277/5

---

Notice for the attention of certain persons subject to the restrictive measures provided for in Annex I to Council Decision (CFSP) 2019/1720 and in Annex I to Council Regulation (EU) 2019/1716 concerning restrictive measures in view of the situation in Nicaragua

(2022/C 277/04)

The following information is brought to the attention of Mr. Francisco Javier DÍAZ MADRIZ (n 3) and Mr Lumberto Ignacio CAMPBELL HOOKER (n 19), persons appearing in Annex I to Council Decision (CFSP) 2019/1720 (1) and in Annex I to Council Regulation (EU) 2019/1716 (2) concerning restrictive measures in view of the situation in Nicaragua.

The Council intends to maintain the restrictive measures against the above-mentioned persons with amended statements of reasons. Those persons are, hereby informed that they may submit a request to the Council to obtain the intended statement of reasons for maintaining their designation, by 26 July 2022, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1 |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The persons concerned may submit at any time a request to the Council, together with any supporting documentation, that the decision to include and maintain them on the list should be reconsidered, to the address provided above. Such requests will be considered when they are received. In this respect, the attention of the persons concerned is drawn to the regular review by the Council according to Article 9 of Council Decision (CFSP) 2019/1720.

---

(1)  OJ L 262 15.10.2019, p. 58.

(2)  OJ L 262 15.10.2019, p. 1.

---
[Letterhead of Meng Und Partner AG Baden]

                                          Report of the statutory auditors
                                          to the general meeting of
                                          Tambour Paints Ltd
                                          CH - 8953 DIETIKON

As statutory auditors, we have audited the accounting record and the financial
statements (balance sheet, income statement and notes) of Tambour Paints Ltd for
the period from August 22nd, 1996 (date of incorporation) to December 31, 1996.

These financial statements are the responsibility of the board of directors. Our
responsibility is to express an opinion on these financial statements based on
our audit. We confirm that we meet the legal requirements concerning
professional qualification and independence.

Our audit was conducted in accordance with auditing standards promulgated by the
profession, which require that an audit be planned and performed to obtain
reasonable assurance about whether the financial statements are free from
material misstatement. We have examined on a test basis evidence supporting the
amounts and disclosures in the financial statements. We have also assessed the
accounting principles used, significant estimates made and the overall financial
statement presentation. We believe that our audit provides a reasonable basis
for our opinion.

In our opinion, the accounting record and financial statements and the proposed
appropriation of available earnings comply with the law and the company's
articles of incorporation.

We recommend that the financial statements submitted to you be approved.


Baden/Switzerland, 8th April 1997


                            MENG UND PARTNER AG BADEN


                            /s/ Karl Peterhans              /s/ Rudolf Lehmann

                            Karl Peterhans                  Rudolf Lehmann
                            Certified accountant            Certified accountant
                            (in charge of the audit)
### SAT Report PMN Number: P-12-0044 SAT Date: 11/15/2011 Print Date: 2/12/2013
Related cases : CBI : Yes

Concern levels : Type of Concern: Health Eco Comments Level of Concern: 2 1

Persistence Bioaccum Toxicity Comments 3 32

Exposure Based Review : Health: N o Ecotox: N o Routes of exposure : Health: Dermal Drinking Water Inhalation Ecotox: N o releases to water Fate: ;

P 2 Rec Comments : Comment: N o Commen t Keywords : Keywords: IRR-E,S,L LUNG ONCO UNCERT MUTA UNCERT IMMUNO Summary of Assessment : Fate : Fate Summary: P-12-0044 FATE:Solid S < 0.1 mg/L at 25 C (E) VP < 1.0E-6 torr at 25 C (E) BP > 400 C (E) H < 1.00E-8 (E) POTW removal (%) = 0-90 via possible sorption Time for complete ultimate aerobic biodeg > mo Sorption to soils/sediments = low - v.strong PBT Potential: P3B3 *CEB FATE: Migration to ground water = negl - rapid
Health : Health Summary: Absorption is poor all routes, based on analogs. There are concerns for mechanical irritation to the eye, skin, and lung, lung overload from inhalation of a poorly soluble particulate, and oncogenicity, based on analogs. There also are uncertain concerns for immunotoxicity and mutagenicity, based on analogs. Test Data: Submitted with : Rat (F) acute oral (gavage) toxicity LD50 > 2000 mg/kg; Rat acute dermal toxicity LD50 > 2000 mg/kg; Eye irritant in rabbits; Slight dermal irritant in rabbits; N ot a dermal sensitizer in mice.
Submitted with : Five-day rat inhalation study NOAEC 0.1 mg/m3, with increased protein concentrations, enzyme activity, cytokine and chemokine concentrations, and lymphocyte counts, observed to the end of the 28-day recovery period. In the lung, increased cytokine and chemokine concentrations, organ weights, and numbers of macrophages, and granulomatous inflammation.
Submitted with : Pulmonary bioassay screening study in rats (intratracheal instillation): 15% mortality within 12 hours at 1.5 mg/kg, suffocation at 5 mg/kg, with transient pulmonary inflammatory response after 24 hours, and presence of multifocal granulomas.
Ecotox : Test Organism Test Type Test End Point Predicted Measured Comments
fish 96-h LC50 * daphnid 48-h LC50 * green algal 96-h EC50 * fish

_ chronic value *daphnid

_ chronic value * algal

_ chronic value * Sewage Sludge 3-h EC50

_ Sewage Sludge

_ Chronic Value _
Ecotox Values Comments: Predictions are based on SARs for neutral organic chemicals; SAR chemical class = multi-walled carbon nanotubes; MW>1,000,000; solid; log Kow >> 10 (P); S = negligible; effective concentrations based on 100% active ingredients and nominal concentrations ; DW hardness < 150.0 mg/L as CaCO3; and DW TOC <2.0 mg/L; Factors Values Comments Assessment Factor 10 Concentration of Concern ( p pb) *
SARs nonionic polymers SAR Class p olyme r -nonionic-carbon Ecotox Category Ecotox Factors Comments: SAT Chair: J. Kwiat
# C_2023178EN.01000101.xml

| 22.5.2023 | EN | Official Journal of the European Union | C 178/1 |
| --- | --- | --- | --- |

22.5.2023

EN

Official Journal of the European Union

C 178/1

---

Non-opposition to a notified concentration

(Case M.10825 – DAVITA / MEDTRONIC / MEDTRONIC RENAL CARE SOLUTIONS)

(Text with EEA relevance)

(2023/C 178/01)

On 14 February 2023, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M10825. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M10825. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
# United States Court of Appeals **for the Fifth Circuit**

No. 21-40128 Conference Calendar

United States of America,

Plaintiff—Appellee ,

versus
Hernan Garcia-Hernandez,

Defendant—Appellant

.

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:20-CR-1687-1

Before Jones, Clement, and Haynes, Circuit Judges

. Per Curiam: * The Federal Public Defender appoin ted to represent Hernan GarciaHernandez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Garcia-Hernandez has filed a

* Pursuant to 5th Circuit 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 5th Circuit Rule 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 16, 2021 Lyle W. Cayce Clerk Case: 21-40128 Document: 00515902123 Page: 1 Date Filed: 06/16/2021No. 21-40128

2 response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Ga rcia-Hernandez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counse l’s motion for leave to withdraw is
GRANTED , counsel is excused from further responsibilities herein, and the appeal is DISMISSED

. See 5th Cir. R. 42.2. Garcia-Hernandez’s pro se motion for appointment of new counsel is DENIED as untimely. See United States v. Wagner , 158 F.3d 901, 902-03 (5th Cir. 1998). Case: 21-40128 Document: 00515902123 Page: 2 Date Filed: 06/16/2021
* 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. 98-30117

CAROLYN SUE ROY; JAMES CHARLES ROY, Plaintiffs-Appellants,

versus

WAL-MART STORES, INC., Defendant-Appellee.

Appeal from the United States District Court for the Western District of Louisiana, Monroe (95-CV-2096)

December 8, 1998 Before GARWOOD, BARKSDALE and STEWART, Circuit Judges. *
PER CURIAM: AFFIRMED. See 5 TH C IR . R. 47.6.
# C_2023242EN.01001201.xml

| 7.7.2023 | EN | Official Journal of the European Union | C 242/12 |
| --- | --- | --- | --- |

7.7.2023

EN

Official Journal of the European Union

C 242/12

---

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union

Cases where the Commission raises no objections

SA.103940

(2023/C 242/11)

| Date of adoption of the decision | 9.3.2023 |
| --- | --- |
| Aid number | SA.103940 |
| Member State | Germany |
| Region | BRANDENBURG |
| Title (title and/or name of the beneficiary) | Brandenburg: Gewährung von Leistungen zum Ausgleich von ASP-bedingten Mehrkosten sowie zur temporären Aufgabe bzw. Teilaufgabe von Schweinehaltungen |
| Legal basis | Brandenburg: Richtlinie des Ministeriums für Landwirtschaft, Umwelt und Klimaschutz des Landes Brandenburg für die Gewährung von Leistungen zum Ausgleich von ASP-bedingten Mehrkosten sowie zur temporären Aufgabe bzw. Teilaufgabe von Schweinehaltungen |
| Type of measure | Scheme |
| Objective | Aid for the costs of prevention, control and eradication of animal diseases and plant pests and aid to make good the damage caused by animal diseases and plant pests |
| Form of aid | Direct grant |
| Budget | Overall budget: 13 750 000 EUR |
| Intensity | 100,0  % |
| Duration | Until 31.12.2026 |
| Economic sectors | AGRICULTURE, FORESTRY AND FISHING |
| Name and address of the granting authority | Landesamt für ländliche Entwicklung, Landwirtschaft und Flurneuordnung (LELF) |
| Seeburger Chaussee 2, D-14476 Potsdam OT Groß Glienicke |

Date of adoption of the decision

9.3.2023

Aid number

SA.103940

Member State

Germany

Region

BRANDENBURG

Title (title and/or name of the beneficiary)

Brandenburg: Gewährung von Leistungen zum Ausgleich von ASP-bedingten Mehrkosten sowie zur temporären Aufgabe bzw. Teilaufgabe von Schweinehaltungen

Legal basis

Brandenburg: Richtlinie des Ministeriums für Landwirtschaft, Umwelt und Klimaschutz des Landes Brandenburg für die Gewährung von Leistungen zum Ausgleich von ASP-bedingten Mehrkosten sowie zur temporären Aufgabe bzw. Teilaufgabe von Schweinehaltungen

Type of measure

Scheme

Objective

Aid for the costs of prevention, control and eradication of animal diseases and plant pests and aid to make good the damage caused by animal diseases and plant pests

Form of aid

Direct grant

Budget

Overall budget: 13 750 000 EUR

Intensity

100,0  %

Duration

Until 31.12.2026

Economic sectors

AGRICULTURE, FORESTRY AND FISHING

Name and address of the granting authority

Landesamt für ländliche Entwicklung, Landwirtschaft und Flurneuordnung (LELF)

Seeburger Chaussee 2, D-14476 Potsdam OT Groß Glienicke

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

https://ec.europa.eu/competition/elojade/isef/index.cfm

---
#### VINES v. STATE.

No. 15642.

Court of Criminal Appeals of Texas.

Oct. 19, 1932.

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

HAWKINS, J.

Conviction is for possessing intoxicating liquor for the purpose of sale; punishment being one year in the penitentiary. The indictment is regular on its face. No statement of facts or bills of exception appear in the record. Nothing is presented for review.

The judgment is affirmed.