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

Appellate Division, Fourth Judicial Department

14 

CA 13-00406 

PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND WHALEN, JJ. 

 

GEOFFREY BOND AND SALLY T. BOOTEY, 

PLAINTIFFS-RESPONDENTS, 

V MEMORANDUM AND ORDER

THOMAS A. TURNER, MICHELLE M. TURNER, 

DEFENDANTS-APPELLANTS, 

AND VILLAGE OF LAKEWOOD, DEFENDANT-RESPONDENT.

 

DAMON MOREY LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), FOR

DEFENDANTS-APPELLANTS. 

ERICKSON WEBB SCOLTON & HAJDU, LAKEWOOD (PAUL V. WEBB, JR., OF

COUNSEL), FOR PLAINTIFFS-RESPONDENTS. 

GOODELL & RANKIN, JAMESTOWN (ANDREW W. GOODELL OF COUNSEL), FOR

DEFENDANT-RESPONDENT. 

 

Appeal from a judgment of the Supreme Court, Chautauqua County

(Timothy J. Walker, A.J.), entered July 26, 2012. The judgment, inter

alia, directed defendants Thomas A. Turner and Michelle M. Turner to

remove certain improvements from a right-of-way and awarded money

damages to plaintiff Sally T. Bootey. 

It is hereby ORDERED that said appeal is unanimously dismissed

without costs.

Memorandum: This Court issued an order on a prior appeal in this

case (Bond v Turner, 78 AD3d 1490, rearg denied 81 AD3d 1387), and

Thomas A. Turner and Michelle M. Turner (defendants) now appeal from

the ensuing judgment issued by Supreme Court. Defendants

simultaneously moved in the Court of Appeals for leave to appeal from

the judgment, which would bring up for review our nonfinal order on

the prior appeal, and the Court of Appeals dismissed the motion for

leave to appeal “upon the ground that simultaneous appeals do not lie

to both the Appellate Division and the Court of Appeals” (20 NY3d 904,

904). The Court of Appeals thereafter denied defendants’ application

for leave to reargue that motion (20 NY3d 1021). Defendants fail to

raise any challenge to the judgment, however, and contend only that

this Court erred with respect to our order in the prior appeal. Thus,

defendants are in effect again moving for leave to reargue with

respect to the prior order by which they were aggrieved (see Bond, 78

AD3d 1490, rearg denied 81 AD3d 1387), inasmuch as they are not

further aggrieved by the judgment (see generally Utility Servs.
-2- 14 

CA 13-00406 

Contr., Inc. v Monroe County Water Auth., 90 AD3d 1661, 1663, lv

denied 19 NY3d 803). We therefore dismiss defendants’ appeal from the

judgment (see CPLR 5511).

Entered: February 14, 2014 Frances E. Cafarell

Clerk of the Court
<PAGE>
 
                                                                       EXHIBIT 5

                                --------------
                        TESTA, HURWITZ & THIBEAULT, LLP
                               ----------------
                               ATTORNEYS AT LAW

                      High Street Tower, 125 High Street
Office (617)248-7000      Boston, Massachusetts 02110         FAX (617)248-7100

                               February 25, 1999


Cambridge Technology Partners (Massachusetts), Inc.
304 Vassar Street
Cambridge, MA 02139

     Re:  Registration Statement on Form S-8 Relating to the
          1991 Stock Option Plan Filed February 25, 1999
          --------------------------------------------------

Ladies and Gentlemen:

     Reference is made to the above-captioned Registration Statement on Form S-8
(the "Registration Statement") filed by Cambridge Technology Partners
(Massachusetts), Inc. (the "Company") with the Securities and Exchange
Commission under the Securities Act of 1933, as amended, relating to an
aggregate of four million (4,000,000) shares of Common Stock, $.01 par value, of
the Company (the "Shares").

     We are counsel to the Company and are familiar with the proceedings of its
stockholders and Board of Directors.  We have examined original or certified
copies of the Company's certificate of incorporation, as amended, the Company's
by-laws, as amended, and such other certificates, documents, records and
materials as we have deemed necessary in connection with this opinion letter.
We have relied upon a certificate of an officer of the Company with respect to
certain factual matters relevant to this opinion letter.

     We are members only of the Bar of the Commonwealth of Massachusetts and are
not experts in, and express no opinion regarding, the laws of any jurisdictions
other than the Commonwealth of Massachusetts, the General Corporation Law of the
State of Delaware and the United States of America.

     Based upon and subject to the foregoing, we are of the opinion that the
Shares proposed to be issued by the Company pursuant to the 1991 Stock Option
Plan (the "Plan") will be, upon receipt of the consideration provided for in the
Plan, validly issued, fully paid and nonassessable after issuance of such Shares
in accordance with the terms of the Plan and the option agreements evidencing
the options pursuant to which such Shares are issued.

     We hereby consent to the filing of this opinion as Exhibit 5 to the
Registration Statement.

                              Very truly yours,


                              /s/ Testa, Hurwitz & Thibeault, LLP
                              TESTA, HURWITZ & THIBEAULT, LLP
EOHFIDEHTIAQ 

PL 86-36/50 USC 3605 

near Joabt 

T'.Q&.%1k ;(OU very JJDJ.cll terr 1QUr nice l•tter ot e 1fovember 2 

reprdimd I 

I underatand that the p-oposal ha• •t vitb. tavonr.ble 

COU1dctr&t10llo/Ut good time the 'W'hettl& Yill be 

•tarted towar coW.ns over to spend eome wok.a e.t 

Princeton and v WI hore. 

Thank 1'0U ror ;your kind illteraeaaion. 

With best Villhe• to J'OU tor a Me1·17 Ch.riata1 art4 • 

Bappy lCev Year, l am, 

JoahUtJ. A. Cooper, Eaq. 

GCKQ. 

Declassified and approved for release by NSA on 08-04-2014 pursuantto E.O. 1352a 

EOHFIDEHTIAQ_ 

\ 

' ,, 

,,
Amendment to the Registrant's Amended and Restated 1993 Stock Incentive Plan



 Exhibit 4.4 
 PROPOSED AMENDMENT (SUBJECT TO STOCKHOLDER APPROVALS) TO 
 ALLSCRIPTS HEALTHCARE SOLUTIONS, INC.

 AMENDED AND RESTATED 
 1993 STOCK INCENTIVE PLAN 
 The second sentence of Section 3 is hereby deleted in its entirety and replaced with the following:

 “The maximum number of Common Shares that may be issued pursuant to all grants under this Plan shall not exceed 21,593,489, plus shares attributable
to awards that were forfeited or cancelled under the Predecessor Plans.”
- - -

' • 

BORIS HAGELIN 

'_,_,- -- .Ji·
<TABLE>
                                                                                             EXHIBIT 21.1

                                        LIST OF SUBSIDIARIES

<CAPTION>
SUBSIDIARY                            LOCATION              BUSINESS          DATE                % OWNED

<S>                                   <C>                   <C>               <C>                 <C>
Research Engineers, Europe LTD        Bristol, UK           Software Sales    1986                100%
Research Engineers, Pvt LTD           Calcutta, India       Software Sales    1986                100%
Research Engineers, GMBH              Herne, Germany        Software Sales    November, 1995*     100%
Research Engineers, SARL              Dourdan, France       Software Sales    October, 1998       100%
R-Cube Technologies, Inc.             San Jose, CA          IT Services       February, 1999*     100%
PacSoft Incorporated                  Woodinville, WA       Software Sales    March, 1999*        100%
NetGuru Systems, Inc.                 Waltham, MA           IT Services       September, 1999*    100%
NetGuru Consulting, Inc.              Waltham, MA           IT Services       September, 1999*    100%
Web4, Inc.                            Yorba Linda, CA       ASP services      December, 1999      100%
e-Destinations, Inc.                  Artesia, CA           e-commerce        January, 2000*      100%
Allegria Software, Inc.               Yorba Linda, CA       Software Sales    April, 2000*        100%
Net Guru India, Pvt. Ltd.             Calcutta, India       ISP/Internet      May, 2000*          49%
Interra Global Limited                Calcutta, India       ISP/Internet      May, 2000*          74%

* Acquired; balance of subsidiaries were created.
</TABLE>
<PAGE>   1
                                                                    EXHIBIT 23.1
The Board of Directors
AccuMed International, Inc.:

We consent to incorporation by reference in the registration statements Nos.
333-28125, 333-04715, 33-98902, 333-07681 on Form S-3 and Nos. 333-04320 and
333-11219 on Form S-8 of AccuMed International, Inc. of our reports dated March
23, 1998, relating to the consolidated balance sheets of AccuMed International,
Inc. and subsidiaries as of December 31, 1997 and 1996, and the related
consolidated statements of operations, stockholders' equity and cash flows and
related schedule for the years ended December 31, 1997 and 1996 and the three
months ended December 31, 1995, which reports appear in this December 31, 1997
annual report on Form 10-K of AccuMed International, Inc.


                                              /s/ KPMG Peat Marwick LLP

Chicago, IL
April 2, 1998
<PAGE>

Exhibit 11:

                             TranSwitch Corporation
                      Computation of Earnings per Share (1)
                                   (Unaudited)
                      (in thousands, except per share data)

<TABLE>
<CAPTION>
                                             Three Months Ended  Nine Months Ended
                                                September 30,       September 30,
                                                1999     1998       1999     1998
                                                ----     ----       ----     ----
<S>                                            <C>      <C>        <C>      <C>
Basic earnings per share:
  Net income                                    9,975    1,921     17,740    3,502
                                               ======   ======     ======   ======
  Weighted average number of common shares
   outstanding during the period               25,871   21,401     25,156   20,552
                                               ------   ------     ------   ------

  Basic earnings per share                       0.39     0.09       0.71     0.17
                                               ======   ======     ======   ======

Diluted earnings per share:
  Net income                                    9,975    1,921     17,740    3,502
                                               ======   ======     ======   ======
  Weighted average number of common shares
   outstanding during the period               25,871   21,401     25,156   20,552

  Common stock issuable with respect to:
  Stock options and warrants                    2,096    1,251      2,242    1,317
                                               ------   ------     ------   ------

  Adjusted weighted average number of shares   27,967   22,652     27,398   21,869
   outstanding during the period               ======   ======     ======   ======

  Diluted earnings per share                    $0.36    $0.08      $0.65    $0.16
                                               ======   ======     ======   ======
</TABLE>

----------
(1)   This exhibit should be read in connection with "Consolidated Statement of
      Stockholders' Equity" in Note 5 of Notes to Unaudited Consolidated
      Financial Statements.
USCIB: 4.2/5.3 

7 July 1955 

SQNFIBIIH'fikL 

MJJMORANDl.M FOR THE MEMBERS OF USCIBEC: 

Subject: 

Reference: 

Periodic Review of Annex A to CIBD #7. 

CIBD #7 dated 12 May 1955. 

1. The USCIB Security Conmdttee, on 28 June 1955, reviewed. the 

list of specific areas involving substantial risk to COMINT knowledgeable individuals (.Annex A to the reference) and have no revisions 

to recommend at this time. 

2. The SECCOM noted that the Army member will make an inspection 

trip to Indo-China (an area currently under special study by the 

Committee) in July, and agreed to again review subject list upon his 

return. 

USCIB 

USCIB: 4.2/53 IhttfflLE 7

ffA eOM1N'f e~ ON:LY 

ursuant to E. 0. 1352 

24
# CE2004088EN.01066401.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/664 |
| --- | --- | --- | --- |

8.4.2004

EN

Official Journal of the European Union

CE 88/664

---

(2004/C 88 E/0682)

WRITTEN QUESTION E-3992/03

by Giles Chichester (PPE-DE) and Geoffrey Van Orden (PPE-DE) to the Commission

(7 January 2004)

Subject:   Presentation of the peer review on the Kozloduy nuclear power plant

Subject:

Referring to the letter from the President of Bulgaria, Mr Parvanov, to the Council and the Commission dated 24 October 2002 requesting a safety peer review of the Kozloduy nuclear power plant's units 3 and 4, and bearing in mind that the Terms of Reference (TOR) for that review were issued to the Commission on 28 January 2003, recalling that the peer review then took place on 16 and 17 November 2003, can the Commission now confirm that no more time will be wasted in conveying the expected positive results of the review to both Council and the Bulgarian Government with a recommendation that the closure demand for the said units, now having no technical or economic justification, be withdrawn and that no pre-condition of plant closure should exist with regard to the accession of Bulgaria to the European Union?

---
~24 USOIB: 29.19/7 

19 October 1954 

E.O 3 . 3 ( h) ( 2 ) 

PL 86-36/50 USC 3605 

MlifMQRANDmif FOR TEE ;MJt!BERS qF USCTBEC: 

Subject: CCMINT Arrangements with Third Parties!._ ___ ___, 

Reference: USCIB 29.19/3 of 16 September 1954. 

The enclosed LSIB reply to USOIB1 s query on the above subject 

is forwarded for consideration in connection with item one of the 

agenda for the 21st USCIBEC Meeting, to be held on 22 October 1954. 

Enclosure 

a/s. 

THE ENCLOSURE WITH THIS DOCUMENT CONTAINS COMMUNICATIONS INTELLIGENCE INFORMATION AND SHALL BE HANDLED ONLY IN CHANNELS EXPRESSLY 

PROVIDED FOR COMINT. 

USCIB: 29.19/7 

Declassified and approved for release by NSA on 05-15-2014 pursuantto E .0. 1352a 

POP SECRET 
( 

; 

:I!Oi aEGBEi! 

7~~ }· 3 ( h) ( 2) 

~L86;--36/50 USC 3605 

"ISIB has considered your message C'WL.631) a.bout thel 

request for u.s. aid in.._ ___ ...................................... ___,___,___, _ ___, _______ _,, 

and has concluded that it would.ibave no objection to the provision of 

such aid provided it were understood that: 

(a) the interception service/thus established would be directed I . I 

(b) the training to/be given by the u.s. would be\ limited to the 

elementary aspects/of Comint. 

11 2 As ou are a.ware the U.K.•has been conductin discussions 

By .a. co;i.ncidenae LS[]3 has heard i.J.1 ·l:;he\last few 

days that has accepted the U.K.proposals in principle, and 

you were about to e informed that,.as a.. result, the\U.K. no longer has a:ny hesitation in/agreeing to a u.s. 8.pProach i'o:d._ _______ ___, there. (I understand that Director, GCHQtold. the\Senior u.s. Liaison 

Off'icer a short timeiago that he hoped for such a development in\two to 

three weeks.) However, ISIB feels that,.;in this matter of' an approach 

I I :i. t is of particular importance 

that there should/be the maximum co-ordination between the u.s. and 

the u.K,, and suggests that full details e>t each party's intentions 

and progress should be exchanged at all stages via the normal channel13 • 

.__ _____ .._,personnel, and ISIB considers it desirable that the u.s. 

and the U.K./ should Et.gree on a cOlDID.on standard of guidance and of release 

of information beyond. which neither party would proceed in aiding the .._ ____ _.L If you/agree, it is suggested that Director N'SA and 

Director GCHQ should be asked todefine thilll standard and to interpret 

the elementary aspects of Comint referred to in paragraph l(b) above. 

"4. If the tr.s1

. in negot;i.ating withl •. I wished to makP. it 

a condition that the jshould. allow the u.s. to set up a purely u.sJ L ISIB would or course welcome the· ""'i_n_c-re_a_s_e___,in_i.,....UKUS="'"A,,._I -----------.,1 that this would involve. 

"5. Your views on paragraphs 2 and 3 above would be appreciate>n 

aswsoon as possible, in view of progress in the U.K.'s negotiations 

withl r· 

Enclosure with USCIB 29.19/7 dated 19 Oct 54. 

TOP SECRET
II 

114TH CONGRESS 

1ST SESSION S. 1902 

To provide for the treatment and extension of temporary financing of shorttime compensation programs. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2015 

Mr. REED introduced the following bill; which was read twice and referred to 

the Committee on Finance 

A BILL 

To provide for the treatment and extension of temporary 

financing of short-time compensation programs. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Layoff Prevention Ex5 tension Act of 2015’’. 

6 SEC. 2. EXTENSION OF TEMPORARY FINANCING OF SHORT7 TIME COMPENSATION PAYMENTS IN STATES 

8 WITH PROGRAMS IN LAW. 

9 (a) EXTENSION.— 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 1902 IS

1 (1) IN GENERAL.—Subsection (b) of section 

2 2162 of the Middle Class Tax Relief and Job Cre3 ation Act of 2012 (26 U.S.C. 3304 note) is amend4 ed— 

5 (A) in paragraph (1)(B), by striking ‘‘3 

6 years’’ and inserting ‘‘5 years’’; and 

7 (B) in paragraph (2)— 

8 (i) in the heading, by striking 

9 ‘‘THREE-YEAR’’ and inserting ‘‘FIVE10 YEAR’’; and 

11 (ii) by striking ‘‘156 weeks’’ and in12 serting ‘‘260 weeks’’. 

13 (2) EFFECTIVE DATE.—The amendments made 

14 by paragraph (1) shall take effect as if included in 

15 the enactment of such section 2162. 

16 (b) TECHNICAL CORRECTION.— 

17 (1) IN GENERAL.—Section 3306(v)(6) of the 

18 Internal Revenue Code of 1986 (26 U.S.C. 3306) is 

19 amended by inserting ‘‘or the Workforce Innovation 

20 and Opportunity Act’’ after ‘‘1998’’. 

21 (2) EFFECTIVE DATE.—The amendment made 

22 by paragraph (1) shall take effect on the day that 

23 is 2 years after the date of the enactment of this 

24 Act. 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•S 1902 IS

1 SEC. 3. EXTENSION OF DEADLINE FOR SUBMITTING AN AP2 PLICATION FOR GRANTS FOR SHORT-TIME 

3 COMPENSATION PROGRAMS. 

4 (a) EXTENSION.—Subsection (c)(1) of section 2164 

5 of the Middle Class Tax Relief and Job Creation Act of 

6 2012 (26 U.S.C. 3304 note) is amended by striking ‘‘De7 cember 31, 2014’’ and inserting ‘‘December 31, 2016’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) shall take effect as if included in the enact10 ment of such section 2164. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS
June 3, 2015

Mr. Barry Tanner BarryAir, LLC

210 Rue Chavaniac Lafayette, LA 70508

Dear Mr. Tanner:

This letter is to inform you that we are unable to process your request for an exemption. It explains why we can not process your request and what you should do in the next 30 days.

Why We Can Not Process Your Request

We entered your May 19, 2015, exemption request into the public docket (No. FAA-2015- 1715), but we are unable to process your request any further. The information you sent does not comply with the requirements of § 11.81 (copy enclosed). For us to consider the request any further, you must send us all of the following:

 The specific section or sections of 14 CFR from which you seek relief, the extent of the relief you seek, and the reason you seek relief.

 The reasons why granting the request would be in the public interest; that is, how it would benefit the public as a whole.

 Any additional information, views, or arguments available to support your request.

What You Should Do

If you want us to process your request any further, you must send the information described earlier to reach us within 30 days. Please note that § 11.63(d) requires you to send your petition for exemption at least 120 days before the proposed effective date of the exemption.2

If We Do Not Hear From You

If we do not hear from you within 30 days, we will close the docket without notifying you further. If you have any questions or require additional time, you may call (202) 267-9677.

Sincerely,

/s/

Brenda Robeson Program Analyst, Airmen and Airspace Rules Division

Enclosure
chatching_ex105.htm


Exhibit 10.5


 


ASSUMPTION OF CREDIT LINE OBLIGATION


 


FOR VALUE RECEIVED,ChatChing Inc., a Florida corporation, as Assignee, with an office  address of 5500 Military Trail, Suite 22-303, Jupiter, Florida 33458, hereby agrees to assume the obligations of ChatChing, Inc., a Washington corporation, as Assignor, with an office address of 14900 Interurban Ave S #271, Tukwila WA, relating to the following described Credit Line:


 


That certain Credit Line Agreement and related Promissory Note by and between ChatChing Inc, a Washington corporation, as Borrower, and Nickolas Palin, with an address of 19670 Beach Rd., Jupiter, FL  33458, as Lender, dated March 11, 2011, in the principal amount of $250,000.


 


The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the Credit Line Agreement and related Promissory Note and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee.


 


This assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns.


 


Signed this 28th day of June, 2011.


 


ASSIGNOR


 


ChatChing Inc, a Washington corporation


 


____________________________


By:


 


ASSIGNEE


 


ChatChing Inc., a Florida corporation


 


____________________________


By:


 




  





1











  






 


ASSUMPTION OF CREDIT LINE OBLIGATION


 


FOR VALUE RECEIVED,ChatChing Inc., a Florida corporation, as Assignee, with an office  address of 5500 Military Trail, Suite 22-303, Jupiter, Florida 33458, hereby agrees to assume the obligations of ChatChing, Inc., a Washington corporation, as Assignor, with an office address of 14900 Interurban Ave S #271, Tukwila WA, relating to the following described Credit Line:


 


That certain Credit Line Agreement and related Promissory Note by and between ChatChing Inc, a Washington corporation, as Borrower, and Steven Pfirman, with an address of 112 Bryce Lane, Jupiter, FL  33458, as Lender, dated March 11, 2011, in the principal amount of $250,000.


 


The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the Credit Line Agreement and related Promissory Note and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee.


 


This assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns.


 


Signed this 28th day of June, 2011.


 


ASSIGNOR


 


ChatChing Inc, a Washington corporation


 


____________________________


By:


 


ASSIGNEE


 


ChatChing Inc., a Florida corporation


 


____________________________


By:


 


 




  





2