alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          16,442
<SECURITIES>                                         0
<RECEIVABLES>                                   33,148
<ALLOWANCES>                                   (2,358)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                48,241
<PP&E>                                          93,164
<DEPRECIATION>                                (48,679)
<TOTAL-ASSETS>                                  96,362
<CURRENT-LIABILITIES>                           28,389
<BONDS>                                         19,888
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            54
<OTHER-SE>                                      44,602
<TOTAL-LIABILITY-AND-EQUITY>                    96,362
<SALES>                                              0
<TOTAL-REVENUES>                                71,885
<CGS>                                                0
<TOTAL-COSTS>                                   58,424
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   738
<INTEREST-EXPENSE>                                 593
<INCOME-PRETAX>                                 12,868
<INCOME-TAX>                                     4,890
<INCOME-CONTINUING>                              7,978
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,978
<EPS-BASIC>                                     1.49
<EPS-DILUTED>                                     1.26


</TABLE>
#### Vernon Klien, Appellants, v County of Monroe et al., Respondents. County of Monroe et al., Third-Party Plaintiffs-Respondents, v Flower City Glass Company, Third-Party Defendant-Respondent.

[632 NYS2d 343]

Order unanimously af*847firmed without costs. Memorandum: Vernon Klien (plaintiff) was injured while working at a construction site when he was struck by a metal window curtain frame. Before the accident plaintiff and two coworkers had placed the metal window curtain frame on a three-foot concrete wall where it was to be installed. Plaintiffs commenced this action against the owners of the property where the accident occurred, the general contractor and the construction manager of the project. Defendants commenced a third-party action against plaintiff’s employer. Plaintiffs moved for partial summary judgment on liability based on Labor Law § 240 (1) and defendants cross-moved for summary judgment dismissing the complaint. Plaintiffs contend that Supreme Court erred in denying their motion and granting defendants’ cross motions. We disagree. Because the metal window curtain was at the same level as the work site, there was no elevation-related risk to support a Labor Law § 240 (1) cause of action *(see, Corsaro v Mt. Calvary Cemetery,*214 AD2d 950; *Misseritti v Mark IV Constr. Co.,*209 AD2d 931, 932; *Maracle v DiFranco,*197 AD2d 877, 878).

Plaintiffs’ Labor Law § 241 (6) cause of action was also properly dismissed. Plaintiffs alleged in support of that cause of action that defendants violated Industrial Code (12 NYCRR) § 23-1.7 (a) (1) by failing to provide overhead planking to protect workers. That regulation applies to areas where workers are normally exposed to falling objects and, therefore, does not apply to this case *(see, Adams v Glass Fab,*212 AD2d 972). (Appeals from Order of Supreme Court, Monroe County, Frazee, J. —Labor Law.) Present — Denman, P. J., Lawton, Wesley, Doerr and Balio, JJ.
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* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-20843

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOHN LOCKETT,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-97-CR-13-1

- - - - - - - - - -

August 18, 1998

Before KING, HIGGINBOTHAM, and JONES, Circuit Judges. 

PER CURIAM:*

John Lockett appeals his convictions for conspiracy to

possess with intent to deliver cocaine and two counts of aiding

and abetting with intent to distribute cocaine. He contends

solely that his trial counsel was ineffective for failing to

object pursuant to Fed. R. Evid. 404(b) to certain testimony

regarding Lockett’s involvement with selling drugs. 

Lockett’s ineffective assistance claim was not raised before

the district court, and the record is thus inadequate for this

court to assess the merits of his claim on direct appeal. 
No. 97-20843

-2-

Accordingly, we decline to address the merits of Lockett’s 

ineffective assistance claim but do so without prejudice to his

right to raise the issue in a proper proceeding pursuant to 28

U.S.C. § 2255. United States v. Delagarza-Villarreal, 141 F.3d

133, 140-41 (5th Cir. 1998). Lockett’s appeal is therefore

without merit. Accordingly, it is DISMISSED. See Howard v.

King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5th Cir. R. 42.2. 

 APPEAL DISMISSED.
#### The People of the State of New York, Respondent, v Hector Mejia, Appellant.

[631 NYS2d 536]

—Appeal by the defendant from (1) a judgment of the Supreme Court, Kings County (Quinones, J.), rendered January 14, 1993, convicting him of robbery in the third degree, grand larceny in the fourth degree, petit larceny, criminal contempt in the second degree (three counts), criminal possession of a weapon in the fourth degree, and menacing under Indictment No. 7431/91, upon a jury verdict, and imposing sentence, and (2) an amended judgment of the same court (R. Goldberg, J.), rendered May 5, 1993, revoking a sentence of probation previously imposed by the same court, after a hearing, upon a finding that he had violated conditions thereof and imposing a sentence of imprisonment upon his previous conviction of assault in the second degree under Indictment No. 1084/90.

Ordered that the judgment and the amended judgment are affirmed.

The defendant’s contention that the evidence under Indictment No. 7431/91 was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review *(see,*CPL 470.05 [2]; *People v Udzinski,*146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution *(see, People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see,*CPL 470.15 [5]).

The sentence imposed under indictment No. 1084/90 was not excessive *(see, People v Suitte,*90 AD2d 80). Mangano, P. J., Thompson, Ritter and Florio, JJ., concur.
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# United States Continues Relief in the Aftermath of Surigae

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ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of

-- 554 Bloomfield LLC Under Contract No. DACA51-5-10-213 APPEARANCE FORTHE APPELLANT: ) ) ) ) ) ASBCA No. 58819

Ms. Wendy Bond

Managing Member APPEARANCES FORTHE GOVERNMENT: Thomas H. Gourlay, Jr., Esq. Engineer ChiefTrial Attorney Lorraine C. Lee, Esq.

District Counsel U.S. Army Engineer District, New York ORDER OF DISMISSAL By order dated 7 January 2015, the Board dismissed this appeal without prejudice pursuant to Board Rule 18(b). The order stated that unless eitherparty orthe Board acted to reinstate the appeal within one year, the dismissal would be deemed with prejudice. By letter dated 19 October 2015, appellant requested the dismissal without prejudice be continued through 31March2016. The government does not objectto appellant's request. Accordingly, this appeal was reinstated to the Board's docket and is hereby dismissed without prejudice pursuant to Board Rule 18(b). Unless eitherparty orthe Board acts to reinstate the appeal by 31 March 2016, the dismissal shall be deemed with prejudice. Dated: 12 November 2015

# »c~wO<df4_;{- 

# - rMARKN. STEMPLER Administrative Judge Acting Chairman Armed Services Board ofContract AppealsI certify that the foregoing is a true copy ofthe Order ofDismissal ofthe Armed Services Board ofContract Appeals in ASBCANo. 58819, Appeal of 554 BloomfieldLLC, rendered in conformance with the Board's Charter.
Dated:

2 JEFFREY D. GARDIN Recorder, Armed Services Board ofContract Appeals
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# Wreckage of WWII Destroyer USS Strong Discovered in Solomon Sea

By U.S. Pacific Fleet Public Affairs

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# U.S., Australia Hold Consultations on Indo-Pacific Defense, Economic Development

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# Airmen Showcase Capabilities, Readiness in Wing-wide Exercise

By Staff Sgt. Juan Torres374th Airlift Wing Public Affairs

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# Opening Remarks for Pacific Partnership 2018 by Deputy Chief of Mission Robert Hilton

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O flSs Memorandum 

Ttansportotlon '-•" •'--^ ' ' A 11- 3 3 

Office of the Secretory 

ofTronsporiation 

Subject: Subcontracted Flying by Alaska Seaplane for Wings of Date- February 11, 2011 

:a 

From: Dennis J. D^^ny, Chief <ZS Michael Martin, X-53 

EAS and Domestic Analysis, X-53 ^''*- ^^494 

To: Gregory Frazier, S-3.6 

Reference: Order 2010-8-9 

Order 2010-8-9 selected Wings of Alaska to provide subsidized EAS at Excursion Inlet 

through August 31, 2012. The service was to consist of three nonstop round trips per 

week to Juneau in the 16-week peak period and one nonstop round trip per week to 

Jimeau in the 36-week off-peak period. All of the service was to be provided with 5-seat 

Cessna 207 aircraft, with weekly ceilings of $1,212 in the peak and $404 in the off-peak. 

Wings of Alaska has indicated that Excursion Inlet does not plow its runway in the 

winter, and so until the snow melts, which may be for several months, wheeled aircraft, 

the only aircraft currently flown by Wings of Alaska, cannot operate. Seaplane service 

could still be provided when the runway is closed. Wings of Alaska has discussed 

subcontracting its service at Excursion Inlet to Alaska Seaplane service for several 

months during the winter when it is unable to operate. 

We have contacted the community, and it does not object. Wings will be required to 

indicate on its monthly billings the days when the subcontract service was provided and 

the aircraft type and seats used on that service. Both Wings of Alaska and Alaska 

Seaplane will be required to keep records consistent with our carrier-selection orders. 

Payments will continue to be made to Wings of Alaska - Wings of Alaska and Alaska 

Seaplane are responsible for payments to each other. 

cc: 

Rob McKinney, Wings of Alaska 

Craig Loken, Alaska Seaplane 

Rebecca J. Cronkhite, Alaska Department of Transportation and Public Facilities