alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 24



POWER OF ATTORNEY



KNOW ALL BY THESE PRESENTS, that the undersigned constitutes and appoints Kenneth Brizel and Robert Burrows, and each of them, his true and lawful
attorneys-in-fact and agents, with full power of substitution and resubstitution, for and in his name, place and stead, in any and all capacities, to sign the Annual Report on Form 10-K for the fiscal year ended June 30, 2005, and any and all
amendments thereto and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission, granting unto said attorneys-in-fact and agents, and each of them, full power and authority
to do and perform each and every act and thing requisite and necessary to be done in and about the premises as fully to all intents and purposes as might or could be done in person, hereby ratifying and confirming all that said attorneys-in-fact and
agents or either of them, or their substitute or substitutes may lawfully do or cause to be done by virtue hereof.



IN WITNESS WHEREOF, this Power of Attorney has been signed on this 21stday of September 2005 by the following persons.



|                            |  |                       
|--------------------------- |  | ----------------------
|/s/ ROBERT RIPP             |  | /S/ KENNETH BRIZEL    
|Robert Ripp                 |  | Kenneth Brizel        
|                            | 
|/s/ Sohail Khan             |  | /S/ ROBERT BRUGGEWORTH
|Sohail Khan                 |  | Robert Bruggeworth    
|                            | 
|/S/ DR. STEVEN R. J. BRUECK |  | /S/ LOUIS LEEBURG     
|Steve Brueck                |  | Louis Leeburg         
|                            | 
|/S/ GARY SILVERMAN          |  |                       
|Gary Silverman              |  |
. ' .. 

; 

I 

REF ID:A488818 

r T 

-· .. 

TRYING TO DETERMINE MAILING DATE TRAFFIC FROM STATION 5 AT REQUEST 

COLONEL CLAUSEN. YOUR TRANSLATION ~2 DECEMBER Jn BULLJrl'Ill NUMBER 

ARMY 8007-27065. CAN YOU GIVE US PROM ORIGIRAL Ill'.l'ERCEP'f THE 

NUMBER PLACED THEREON BY STATION 5 AND RECEIVING OPERATORS SIGN 

COPY COPY COPY COPY COPY COPY .COPY COPY COPY 

Declassified and approved for release by NSA on 11-07-2013 pursuant to E .0. 1352a
# C_2014222EN.01000101.xml

| 12.7.2014 | EN | Official Journal of the European Union | C 222/1 |
| --- | --- | --- | --- |

12.7.2014

EN

Official Journal of the European Union

C 222/1

---

Non-opposition to a notified concentration

(Case M.7115 — Kuraray/GLSV Business)

(Text with EEA relevance)

2014/C 222/01

On 29 April 2014, 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) in conjunction with Article 6(2) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition 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 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 32014M7115. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7115. EUR-Lex is the online access to the European law.

---

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

1

---
COURT OF APPEALS

SECOND DISTRICT OF TEXAS 

FORT WORTH 

NO. 02-15-00093-CR 

Avery Antwine 

v. 

The State of Texas 

§ 

§ 

§ 

§ 

§ 

From the 432nd District Court 

of Tarrant County (1368337D) 

November 17, 2016 

Opinion by Justice Gardner 

(nfp) 

JUDGMENT 

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed. 

SECOND DISTRICT COURT OF APPEALS 

By _/s/ Anne Gardner__________________ 

 Justice Anne Gardner
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 09-cv-02990-WYD-MEH WILDEARTH GUARDIANS, Plaintiff,

v. KEN SALAZAR, in his official capacity as Se cretary, U.S. Department of the Interior, Defendant.

MINUTE ORDER ORDER ENTERED BY CHIEF JUDGE WILEY Y. DANIEL On March 30, 2010, Plaintiff filed its Proposed Scheduling Order (docket #35). In the proposed order, Plaintiff states the following Guardians filed its Motion for Su mmary Judgment on February 2, 2010. The Secretary filed his Opposition and Cross-Motion for Summary Judgment on March 22, 2010. Guardian’s Reply in Support of its Motion is due on April 5, 2010. See Fed. R. Civ. P. 56(c)(1)(C). The Secretary also filed a motion under Rule 56(f) to seek discovery on Plaintiff’s standing. Guardians now intends to conduct discovery during the same time period on the Secretary’s resources and obligat ions that may impact his ability to provide the relief Guardians requests in its Motion, and no longer opposes continuing summary judgment proceedings until after the close of discovery. The parties agree that the recently-filed opening and response briefs should be withdrawn and the parties should file a new round of briefs by the dispositive motion cut-off date. The parties agree to a dispositive motion cut-off date of August 30, 2010. (Proposed Order at 8.) Accordingly, t he following motions (docket #15, #30, and #31) are DENIED WITHOUT PREJUDICE

. Dated: April 5, 2010.
# C_2014093EN.01000101.xml

| 29.3.2014 | EN | Official Journal of the European Union | C 93/1 |
| --- | --- | --- | --- |

29.3.2014

EN

Official Journal of the European Union

C 93/1

---

2014/C 93/01

Last publication of the Court of Justice of the European Union in the Official Journal of the European Union

Official Journal of the European Union

OJ C 85, 22.3.2014

OJ C 85, 22.3.2014

Past publications

Past publications

OJ C 78, 15.3.2014

OJ C 71, 8.3.2014

OJ C 61, 1.3.2014

OJ C 52, 22.2.2014

OJ C 45, 15.2.2014

OJ C 39, 8.2.2014

These texts are available on:

EUR-Lex: http://eur-lex.europa.eu

---
# CA2014297EN.01000201.xml

| 4.9.2014 | EN | Official Journal of the European Union | CA 297/2 |
| --- | --- | --- | --- |

4.9.2014

EN

Official Journal of the European Union

CA 297/2

---

Corrigendum to Single Resolution Board — Vacancy Notice — Vice-Chairperson (Director of Single Resolution Fund and Corporate Services) — COM/2014/10360

(Official Journal of the European Union
  C 217 A of 10 July 2014
  )

C 217 A of 10 July 2014

2014/C 297 A/02

On page 10, ‘Deadline’, ‘Deadline for applications’:

| for: | ‘3 September 2014’, |
| --- | --- |

for:

for

‘3 September 2014’,

| read: | ‘15 September 2014’. |
| --- | --- |

read:

read

‘15 September 2014’.

---
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000352956
<NAME> FAFCO, INC.
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         679,200
<SECURITIES>                                         0
<RECEIVABLES>                                2,437,500
<ALLOWANCES>                                   604,200
<INVENTORY>                                    723,500
<CURRENT-ASSETS>                             3,488,400
<PP&E>                                       2,577,000
<DEPRECIATION>                               2,200,400
<TOTAL-ASSETS>                               4,475,000
<CURRENT-LIABILITIES>                        1,630,000
<BONDS>                                        985,900
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       412,200
<OTHER-SE>                                   1,446,900
<TOTAL-LIABILITY-AND-EQUITY>                 4,475,000
<SALES>                                      8,252,500
<TOTAL-REVENUES>                             8,364,200
<CGS>                                        4,795,000
<TOTAL-COSTS>                                4,795,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                28,800
<INTEREST-EXPENSE>                             107,500
<INCOME-PRETAX>                                736,700
<INCOME-TAX>                                    54,000
<INCOME-CONTINUING>                            682,700
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                       82,000
<NET-INCOME>                                   682,700
<EPS-PRIMARY>                                      .19
<EPS-DILUTED>                                      .17
        

</TABLE>
NUMBER 13-24-00056-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

 

IN RE MONTY GEORGE STUMBAUGH

ON APPEAL FROM THE 332ND DISTRICT COURT

OF HIDALGO COUNTY, TEXAS

 

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Peña

Memorandum Opinion by Chief Justice Contreras

On January 25, 2024, appellant Liborio Plata filed a notice of appeal from an order 

granting a presuit deposition under Texas Rule of Civil Procedure 202. See TEX. R. CIV.

P. 202. The order subject to appeal provides that Monty George Stumbaugh is entitled to 

take appellant’s deposition “in anticipation of suit.” See id. R. 202.1.

On February 2, 2024, the Clerk of this Court advised appellant that it appeared 

that there was not a final, appealable order. See TEX. R. APP. P. 42.3(a); In re Jorden, 

249 S.W.3d 416, 419 (Tex. 2008) (orig. proceeding) (holding that a ruling on a Rule 202 
2

petition constitutes a final, appealable order “only if [the pre-suit deposition is] sought from 

someone against whom suit is not anticipated” and is neither final nor appealable when 

“sought from an anticipated defendant”). The Clerk informed appellant that the appeal 

would be dismissed if this defect was not cured. The Clerk also requested appellant to 

pay the $205.00 filing fee for the notice of appeal within ten days. See TEX. R. APP. P. 5 

(“A party who is not excused by statute or these rules from paying costs must pay—at the 

time an item is presented for filing—whatever fees are required by statute or Supreme 

Court order. The appellate court may enforce this rule by any order that is just.”); TEX.

GOV’T CODE ANN. § 51.207 (delineating the required fees and costs in an appellate court). 

On February 20, 2024, the Clerk notified appellant that he was delinquent in submitted 

the filing fee for the notice of appeal and informed him that the appeal would be dismissed 

if the filing fee was not paid. See TEX. R. APP. P. 42.3(b), (c).

The Court, having examined and fully considered the documents on file, is of the 

opinion that the appeal should be dismissed. To date, appellant has not responded to the 

Clerk’s notices, corrected the defect in the appeal, or paid the filing fee for the notice of 

appeal. Accordingly, we dismiss this appeal. See id. R. 42.3(a), (b), (c).

DORI CONTRERAS

Chief Justice

Delivered and filed on the

21st day of March, 2024.
Mr. Eric Jones 

GCHQ 

Dear Eric: 

REF ID:A71741 

DEPARTMENT OF DEFENSE 

ARMED FORCES SECURITY AGENCY 

WASHINGTON 25, D. C. IN REPLY REFER TO 

29 February 1952 

Receipt of the announcement o.f your appointment to succeed Sir 

Edward, al.though by no means taking us by surprise,, calls f'or my most 

sine era ccngratula tions am three hearty cheers for the new leader o:f 

GCHQ. 

I count mysel..f among those fortunate to have first-hand acquaintance 

with you and to have had opportunity t.<> know hem well-qualified you are 

for the heavy responsib5.litios which lie a.~eo.d of you. 

Sir Edward,, soon to leave for a •roll-earned rest.. has le!t soineth.i.ng 

of a target for your marksmanship, but I know that you are going to make 

a d$spera.te effort t.o attain arid perhaps even ·to sm'pass lti.s high score. 

The certainty or a continuance or good relations in our endeavors 

of mutual concern is a source o£ deep satisfaction. If there is ever 

anything I can do to assist or to help you at this end in a:ny way,, 

within my veey lir.d.ted sphere ot influence,, tom1.rd the maintenance of 

those gocxl relations,, I hope that you will call upon me. 

With cordial greetings am most earnest wishes .for a very successrul 

future as Director,, I am, 

Sincerely, 

wnll.AM F. FRIEDMAN 

Consultant 

@'pproved for Release by NSA on 03-05-2014 pursuantto E.O. 1352a
# CA2015029EN.01000101.xml

| 29.1.2015 | EN | Official Journal of the European Union | CA 29/1 |
| --- | --- | --- | --- |

29.1.2015

EN

Official Journal of the European Union

CA 29/1

---

RESERVE LISTS (1)

1

OPEN COMPETITION

EPSO/AD/278/14 — ADMINISTRATORS (AD 7)

(2015/C 029 A/01)

1.   DIGITAL FORENSICS

DIGITAL FORENSICS

| BAPTISTA | Alberto |
| --- | --- |
| BENITO PRIETO | Jose Ignacio |
| DELESTRE | Nicolas |
| DUPONT | Alain |
| GATEJEL | Ioan Valentin |
| KUPCZYK | Krzysztof |
| MORBER | Szilárd Krisztián |
| MUYLAERT | Jörg |
| PETROU | Konstantinos |
| RIBOT LACKMANN | Alejandro |
| RIPKE | Carsten |
| VAN ACKER | Geert |
| VILCINSKAS | Antanas |

BAPTISTA

Alberto

BENITO PRIETO

Jose Ignacio

DELESTRE

Nicolas

DUPONT

Alain

GATEJEL

Ioan Valentin

KUPCZYK

Krzysztof

MORBER

Szilárd Krisztián

MUYLAERT

Jörg

PETROU

Konstantinos

RIBOT LACKMANN

Alejandro

RIPKE

Carsten

VAN ACKER

Geert

VILCINSKAS

Antanas

2.   OPERATIONAL ANALYSIS

OPERATIONAL ANALYSIS

| ANGELINI | Igor |
| --- | --- |
| AUMAN | Marnix |
| BANDIN BUJAN | Carlos |
| CAIOLA CORREIA | Isabel Maria |
| CHIREA | Cristian Ionut |
| CLERCKX | Vanessa |
| DOBLEAGA | Elena Loredana |
| FAIVRE | Jean-Pierre |
| GRAMMATIKAKIS | Georgios |
| GUERGUE | Javier |
| ILIE | Razvan |
| MOTYBEL | Adam |
| NECULA | Bogdan |
| PALM | Stephan |
| QUATTROCCHIO | Monica |
| RAKAUSKAS | Arunas |
| TALIANU | Irina Stefania |

ANGELINI

Igor

AUMAN

Marnix

BANDIN BUJAN

Carlos

CAIOLA CORREIA

Isabel Maria

CHIREA

Cristian Ionut

CLERCKX

Vanessa

DOBLEAGA

Elena Loredana

FAIVRE

Jean-Pierre

GRAMMATIKAKIS

Georgios

GUERGUE

Javier

ILIE

Razvan

MOTYBEL

Adam

NECULA

Bogdan

PALM

Stephan

QUATTROCCHIO

Monica

RAKAUSKAS

Arunas

TALIANU

Irina Stefania

The reserve lists will be valid until 11 December 2017.

11 December 2017

---

(1)  A successful candidate may explicitly request that her/his name not be published.

1

---
REF ID:A58884 • ·-· - . 

F. :r. :Leahl', Jr. 

7 September. 1951 

AJ'SA-343 

ClllPTAltALYTIC SURVEY OF NEW HA.GELIN m.l!ITTP.I SCRAKBID 

OGA 

IIT:S.ODUC!IOB: 

The same cryptographic corporation that 'Jnanu:f'acturaa Hacali11.• 

ma.chin.ea a.n.av machine designed 

to scramble telet11>e messages. !rhia device has been ezamined from 

the Tiewpoin.t Of the CZ7J>tanal7at Vi1ih a V:lev toward determining 

what atepa aho'IJld be followed by a crntanal:yt:l.c 'DDlt :lnterceptinc 

traffic. 

DllSCllIP!IOB 01 DlllVICI: 

!he p~1n.1 output cf a teletne ia enciphered character 'bJ' 

character b-1 the ad41 ts.on o.t an ~ver-changlnc Jcq in the atancJard 

manner, i.e .. modulo 2 a.dd~tion level by level. (It is aaaumed that 

the tel•t1P8 ha.a a atandard 5-level, 32 character output.) 

'!ha everchanging ke7 comes from a find reading station on aome 

one of four 32-poai tion rotati!lB c7llmler1. 3a.ch at these c7].lndera, 

regardless of' whether it baa Just been selected to suppl)" the keJ or . -

not, atepa forward from 1 to 6 poaitiona (lndependentl7) after each 

character 111 enciphered. :Both the aeleotlon of the c7llnder to be 

uaed, and the amount ot the stepping to be effected, are brought 

about b7 a1x regularl7 stepping Hagelin pln-wheela. (!base wheels 

are the tame aa in the M-209, hence of le!ll;tha 28, 25, 23 m., •• 17.) 

cas.a11.1 

roved for release bv N SA on 06-17-2014 

.. 
.. 

REF ID:A588B49 

'11ree of' the ab: wheels (the CZ'7.Ptograph1c clerk' a ke7 U.at ¥111 

atate which three) are used to select one of the four c7llndera to 

fmon:lah the k97. !l'hese three wheels will, at each enc:lphanent, furn:lah one of' e:l.Bht poaa:lble conf':lgurationa of' 1 dota and czoaaea•-(.active or inactive pega). !haaa eight are broken into 4 group• ot two 

each, md one group aaaigned to each cylinder. lxamplel 

1 

.x. 

. n 

2 

:xx. 

DX 

3 

••• 

x •• 

4 

..x 

x.x 

:Iota that f'or c7l:lnd.er l u.d 2, the th:l!'c1. vheel•a atatua :la im-

-..terlal; and f'or c7lindar 3 and 4, the f'irat vheel1 a atatua ia ailld.-

larl7 irrelevant. 

ArJ.7 ot the atx vheela, if' active, will contact luga on tJ:ae cace, 

diaplaci:ag bara to the left, (aa in the present K-209)" fte displace-

- ment or lack of diapla.cema.t of each bar detarm:lnaa which of the tour 

c7l:lnd.era (one or more) will be stepped one poatt:lon _. tbia bar. 

!he cage haa 34 alid.e bara, but aa it Dikes onl7 halt a revolu·Uon 

(to aave time) on each enc:l"Oherment, onl:r 12 are used par machine qcla. 

All 32 poaaible k8J'8 ta •• mtxed order appear on the a;rUde:ra. 

'be order can be changed aa frequentl7 aa deaired. 

- PL 86-36/50 USC 3605 

EO 3 . 3 ( h) ( 2 ) qopn •••u•z. 

.. ~ 
REF ID:A58884 e EO 3 . 3 ( h) ( 2 ) 

PL 86-36/50 USC 3605 

PlllBCIP.AL DlJJliDCI J'BOM Om:D. SCBA.MBLIBS I 

-3-

QW!fllii!!tJ. 
REF ID:A58884e PL 86-36/50 USC 3605 

E.O 3.3(h) (2) 
- .:-

-GOt~FIBENTIAl REF ID:A5888-

-5-

PL 86-36/50 USC 3605 

EO 3 . 3 ( h) ( 2 ) 

qonn·=ia1, 
"' .. - . 

-GONilDEMl\ll 

oomiQlllJ'I 

REF ID:A58884-

- a~-

- PL 86-36/50 USC 3605 

EO 3.3(h) (2) 

APRIZ!ttJ 

COtJFIDENTIAL_ 
REF ID:A58884 OGA 
REF ID:A58884 
REF ID:A58884
EXHIBIT 12.1


                    CHEVY CHASE PREFERRED CAPITAL CORPORATION
                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                    AND PREFERRED STOCK DIVIDEND REQUIREMENTS
                          (in thousands. except ratio)



                                            Year Ended           Period Ended
                                            December 31,         December 31,
                                               1997                  1996 1
                                           -------------         -------------
Net income                                  $   21,628            $    1,832

Fixed charges                                     -                       -

Earnings before fixed charges               $   21,628            $    1,832

Fixed charges, as above                     $     -               $     -

Preferred stock dividend requirements           15,563                 1,254

Fixed charges including preferred stock
 dividends                                  $   15,563            $    1,254

Ratio of earnings to fixed charges and
 preferred stock dividend requirements            1.39                  1.46

--------
1 For the period from inception (November 5, 1996) through December 31, 1996.


<PAGE>
99-1126.

#### Pankey v. Ohio Adult Parole Auth.

In Habeas Corpus. On petition for writ of habeas corpus by Benjamin Pankey and request for 'production of documents.

*Sua sponte,*cause dismissed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
<PAGE>   1
                                                                   EXHIBIT 23.1


              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


The Board of Directors
Trendwest Resorts, Inc.:


We consent to incorporation by reference in the registration statement (No.
333-82065) on Form S-8 of Trendwest Resorts, Inc. of our report dated February
1, 2000, relating to the consolidated balance sheets of Trendwest Resorts, Inc.
and subsidiaries as of December 31, 1999 and 1998, and the related combined and
consolidated statements of income, shareholders' equity, and cash flows for
each of the years in the three-year period ended December 31, 1999, which
report appears in the December 31, 1999, annual report on Form 10-K of
Trendwest Resorts, Inc.


KPMG LLP

Seattle, Washington
March 28, 2000
Exhibit 23







                          INDEPENDENT AUDITORS' CONSENT




The Board of Directors
Metris Companies Inc.:

We consent to the  incorporation  by reference in  Registration  Statement Nos.:
333-42529, 333-42961, 333-52627, 333-52629, 333-78345 and 333-91917 on Form S-8,
333-60973  and 333-82007 on Form S-3, and 333-43771 and 333-86695 on Form S-4 of
Metris  Companies  Inc. of our report  dated  January  19, 2000  relating to the
consolidated  balance  sheets of Metris  Companies Inc. and  subsidiaries  as of
December 31, 1999 and 1998, and the related  consolidated  statements of income,
changes  in  stockholders'  equity  and cash  flows for each of the years in the
three-year  period ended December 31, 1999, which report appears in the December
31, 1999 Annual Report on Form 10-K of Metris Companies Inc.

/s/ KPMG LLP

Minneapolis, Minnesota
March 27, 2000
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1001 

KA 15-00728 

PRESENT: CENTRA, J.P., CARNI, LINDLEY, CURRAN, AND SCUDDER, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT 

V MEMORANDUM AND ORDER

DAVID O. RIVERA, DEFENDANT-APPELLANT. 

 

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF

COUNSEL), FOR DEFENDANT-APPELLANT. 

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from an order of the Monroe County Court (Victoria M.

Argento, J.), entered March 19, 2015. The order determined that

defendant is a level three risk pursuant to the Sex Offender

Registration Act. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed without costs.

Memorandum: On appeal from an order determining that he is a

level three risk pursuant to the Sex Offender Registration Act ([SORA]

Correction Law § 168 et seq.), defendant contends that County Court

erred in denying his request for a downward departure from his

presumptive risk level because he met his burden of proving the

existence of a mitigating factor to warrant the downward departure,

i.e., he had an exceptional response to treatment. We reject that

contention. While defendant is correct that “[a]n offender’s response

to treatment, if exceptional, can be the basis for a downward

departure” (Sex Offender Registration Act: Risk Assessment Guidelines

and Commentary, at 17 [2006]), we conclude that defendant failed to

meet his burden of proving by a preponderance of the evidence that his

response was exceptional (see People v Butler, 129 AD3d 1534, 1534-

1535, lv denied 26 NY3d 904; People v Pendleton, 112 AD3d 600, 601, lv

denied 22 NY3d 861). In any event, it is well established that “[a]

sex offender’s successful showing by a preponderance of the evidence

of facts in support of an appropriate mitigating factor does not

automatically result in the relief requested, but merely opens the

door to the SORA court’s exercise of its sound discretion upon further

examination of all relevant circumstances” (People v Worrell, 113 AD3d

742, 743 [internal quotation marks omitted]; see People v Smith, 122

AD3d 1325, 1326). Even assuming, arguendo, that defendant established

that his response to treatment was exceptional, we nevertheless

conclude that the court providently exercised its discretion in
-2- 1001 

KA 15-00728 

denying defendant’s request for a downward departure (see Smith, 122

AD3d at 1326). 

Entered: November 10, 2016 Frances E. Cafarell

Clerk of the Court