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

## Appellate Division, Fourth Judicial Department

**1173 CA 14-01183**  PRESENT: SCUDDER, P.J., CENTRA, CARNI, WHALEN, AND DEJOSEPH, JJ.

COUNTY OF LIVINGSTON, PLAINTIFF-RESPONDENT,

V MEMORANDUM AND ORDER

RONALD E. CHABOT AND BETHANY J. RAGUE, DEFENDANTS-APPELLANTS.

PHETERSON SPATORICO LLP, ROCHESTER (DERRICK A. SPATORICO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

PHILLIPS LYTLE LLP, ROCHESTER (MARK J. MORETTI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from a judgment (denominated order) of the Supreme Court, Livingston County (Dennis S. Cohen, A.J.), entered June 5, 2014. The judgment, among other things, granted plaintiff’s motion for summary judgment.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Defendants appeal from a judgment declaring that plaintiff is the owner in fee of a parcel of real property that was subject to an in rem foreclosure proceeding on delinquent tax liens pursuant to RPAPL article 11 and dismissing the counterclaims. Defendants contend that plaintiff failed to comply with the notice provisions of RPAPL 231 (2) (a) with respect to the public auction of the property, which they contend constitutes a jurisdictional defect in the in rem foreclosure proceeding. Although defendants raised that issue as a counterclaim, defendants failed to oppose the motion for summary judgment on that ground and thus that contention is not properly before us ( see Ciesinski v Town of Aurora
, 282 AD2d 984, 985). Furthermore, defendants failed to move to open the default judgment within one month as required by RPTL 1131. In any event, defendants’ contention is without merit. Where, as here, a tax district becomes vested with title to real property by virtue of a foreclosure proceeding ( see RPTL 1136 [3]), it is authorized to sell or convey the real property “with or without advertising for bids, notwithstanding the provisions of any general, special or local law” (RPTL 1166 [1]). Contrary to defendants’ contention, our decision in Matter of Foreclosure of Tax Liens [ExxonMobil Oil Corp.—Hughes] (41 AD3d 1243, 1243-1244) does not compel a different result. In that case, respondent City of Buffalo had not been vested with title to the**-2- 1173 CA 14-01183** 

property pursuant to RPTL 1136 (3).

Entered: November 13, 2015 Frances E. Cafarell Clerk of the Court
Exhibit 32.1

                            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 of Hankersen International
Corp. on Form 10-QSB/A for the period ending March 31, 2006 as filed with the
Securities and Exchange Commission on the date hereof, I, Pengcheng Chen, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

      1. The Report 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
Company.

August 17, 2006


By: /s/ Pengcheng Chen
    -------------------
    Pengcheng Chen, CEO
Amendment to Morgan Stanley Supplemental Executive Retirement and Excess Plan



 EXHIBIT 10.3 
 AMENDMENT TO 
 SUPPLEMENTAL EXECUTIVE RETIREMENT AND EXCESS PLAN

 Morgan Stanley & Co. Incorporated (the “Corporation”), pursuant to authority granted it by Morgan
Stanley, hereby amends the Morgan Stanley Supplemental Executive Retirement and Excess Plan (the “SEREP”) as follows: 

1. Effective at the end of May 31, 2011, Section IX, Amendment and Termination of Plan is amended by inserting the following at the
end thereof: 
 “Beginning after May 31, 2011, the preceding sentence shall no longer apply and the Board of Directors
has delegated its authority in respect of the Plan to the Management Committee of Morgan Stanley & Co. LLC.” 
 2.
Effective at the end of May 31, 2011, Appendix C, Provisions Relating to Certain Employees, shall be amended by adding a new paragraph at the end thereof as follows: 
 “Morgan Stanley & Co. LLC. Effective at the end of May 31, 2011, any Employee of the Firm who became employed by Morgan Stanley & Co. LLC due to the conversion of Morgan
Stanley & Co. Incorporated to Morgan Stanley & Co. LLC and who is a Participant in the Plan [(or is eligible to become a Participant)] shall continue to have his service with Morgan Stanley & Co. LLC included in
determining his eligibility and benefits under the Plan; provided, however, that nothing in this paragraph shall cause an individual to become a Participant in the Plan unless such individual was a Participant (or was eligible to become a
Participant) immediately prior to June 1, 2011.” 
 * * * * * * * * * 

IN WITNESS WHEREOF, the Corporation has caused this Amendment to be executed on its behalf as of this 1st day of June, 2011. 

 

			
	 MORGAN STANLEY & CO.
 INCORPORATED

		
	By:	 	/s/ JEFFREY BRODSKY
	Title:	 	Global Head of Human Resources
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Page 14913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06462]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Order No. 1966]


Reorganization of Foreign-Trade Zone 186 Under Alternative Site 
Framework; Waterville, Maine

    Pursuant to its authority under the Foreign-Trade Zones Act of 
June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade 
Zones Board (the Board) adopts the following Order:

    Whereas, the Board adopted the alternative site framework (ASF) (15 
CFR Sec. 400.2(c)) as an option for the establishment or reorganization 
of zones;
    Whereas, the City of Waterville, grantee of Foreign-Trade Zone 186, 
submitted an application to the Board (FTZ Docket B-65-2014, docketed 
09-11-2014) for authority to reorganize under the ASF with a service 
area of the Counties of Lincoln, Cumberland, Sagadahoc, Androscoggin, 
Kennebec, Waldo, Knox and Somerset (partial), Maine, within and 
adjacent to the Belfast Customs and Border Protection port of entry, 
and FTZ 186's existing Site 1 would be categorized as a magnet site;
    Whereas, notice inviting public comment was given in the Federal 
Register (79 FR 56057, 09-18-2014) and the application has been 
processed pursuant to the FTZ Act and the Board's regulations; and,
    Whereas, the Board adopts the findings and recommendations of the 
examiner's report, and finds that the requirements of the FTZ Act and 
the Board's regulations are satisfied;
    Now, therefore, the Board hereby orders:
    The application to reorganize FTZ 186 under the ASF is approved, 
subject to the FTZ Act and the Board's regulations, including Section 
400.13, and to the Board's standard 2,000-acre activation limit for the 
zone.

    Signed at Washington, DC, this March 12, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary of Commerce for Enforcement and Compliance, 
Alternate Chairman, Foreign-Trade Zones Board.
Andrew McGilvray,
 Executive Secretary.
[FR Doc. 2015-06462 Filed 3-19-15; 8:45 am]
 BILLING CODE 3510-DS-P
Record of Discussion 

Docket No. FAA- Directorate Identifier: -AD 

With whom outside the FAA has this action been discussed (i.e., Design Approval Holder, 

manufacturer, AT A, NBAA, RAA, AOPA, ALPA, GAMA, etc)? 

ORGANIZATION PERSON CONTACTED DATE TOPICS DISCUSSED 

Lockheed Martin Geof Bateman 8/ 13/ 13 Concur. 

Other/ Additional Infonnation: 

12
# C_2014422EN.01000101.xml

| 25.11.2014 | EN | Official Journal of the European Union | C 422/1 |
| --- | --- | --- | --- |

25.11.2014

EN

Official Journal of the European Union

C 422/1

---

Euro exchange rates (1)

1

24 November 2014

2014/C 422/01

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2410 |
| JPY | Japanese yen | 146,82 |
| DKK | Danish krone | 7,4400 |
| GBP | Pound sterling | 0,79160 |
| SEK | Swedish krona | 9,2396 |
| CHF | Swiss franc | 1,2027 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,4070 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,592 |
| HUF | Hungarian forint | 304,76 |
| LTL | Lithuanian litas | 3,4528 |
| PLN | Polish zloty | 4,1943 |
| RON | Romanian leu | 4,4313 |
| TRY | Turkish lira | 2,7649 |
| AUD | Australian dollar | 1,4387 |
| CAD | Canadian dollar | 1,3961 |
| HKD | Hong Kong dollar | 9,6262 |
| NZD | New Zealand dollar | 1,5772 |
| SGD | Singapore dollar | 1,6179 |
| KRW | South Korean won | 1 385,46 |
| ZAR | South African rand | 13,6398 |
| CNY | Chinese yuan renminbi | 7,6212 |
| HRK | Croatian kuna | 7,6710 |
| IDR | Indonesian rupiah | 15 067,59 |
| MYR | Malaysian ringgit | 4,1618 |
| PHP | Philippine peso | 55,817 |
| RUB | Russian rouble | 55,9150 |
| THB | Thai baht | 40,737 |
| BRL | Brazilian real | 3,1419 |
| MXN | Mexican peso | 16,9047 |
| INR | Indian rupee | 76,8291 |

Currency

Exchange rate

USD

US dollar

1,2410

JPY

Japanese yen

146,82

DKK

Danish krone

7,4400

GBP

Pound sterling

0,79160

SEK

Swedish krona

9,2396

CHF

Swiss franc

1,2027

ISK

Iceland króna

NOK

Norwegian krone

8,4070

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,592

HUF

Hungarian forint

304,76

LTL

Lithuanian litas

3,4528

PLN

Polish zloty

4,1943

RON

Romanian leu

4,4313

TRY

Turkish lira

2,7649

AUD

Australian dollar

1,4387

CAD

Canadian dollar

1,3961

HKD

Hong Kong dollar

9,6262

NZD

New Zealand dollar

1,5772

SGD

Singapore dollar

1,6179

KRW

South Korean won

1 385,46

ZAR

South African rand

13,6398

CNY

Chinese yuan renminbi

7,6212

HRK

Croatian kuna

7,6710

IDR

Indonesian rupiah

15 067,59

MYR

Malaysian ringgit

4,1618

PHP

Philippine peso

55,817

RUB

Russian rouble

55,9150

THB

Thai baht

40,737

BRL

Brazilian real

3,1419

MXN

Mexican peso

16,9047

INR

Indian rupee

76,8291

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
IN THE COURT OF APPEALS OF IOWA

No. 15-0275

Filed November 23, 2016

STATE OF IOWA,

Plaintiff-Appellee,

vs.

EDWARD ALAN CLARK,

Defendant-Appellant.

________________________________________________________________

Appeal from the Iowa District Court for Scott County, Joel W. Barrows and 

Henry W. Latham II, Judges.

Defendant challenges his conviction for operating while intoxicated, third 

offense. AFFIRMED.

Courtney T. Wilson of Gomez May LLP, Davenport, for appellant.

Thomas J. Miller, Attorney General, and Thomas E. Bakke, Assistant 

Attorney General, for appellee.

Considered by Danilson, C.J., and Doyle and McDonald, JJ.
2

MCDONALD, Judge.

Following a guilty plea, Edward Clark was convicted of operating while 

intoxicated, third offense, in violation of Iowa Code sections 321J.1 and 

321J.2(2)(c) (2013). Clark challenges the validity of his guilty plea, although his 

exact challenge is not clear. He seems to argue his counsel was constitutionally 

ineffective because there was no factual basis for the plea and/or his plea was 

not knowing, voluntary, and intelligent because his counsel failed to advise him 

there was no factual basis for the plea. We need not dwell upon the distinctions 

between the two claims. See State v. Finney, 834 N.W.2d 46, 54 (Iowa 2013) 

(recognizing “two distinct strands of constitutional analysis related to [the factual 

basis of] guilty pleas”: the first, an objective inquiry arising out of the right to 

counsel; the second, a subjective inquiry, arising out of the right to due process). 

Clark’s claim fails under either constitutional rubric.

First, Clark’s legal arguments rely on a factual predicate directly contrary 

to the record. Clark argues there was nothing to establish he was “operating” a 

motor vehicle because “no evidence existed in the record to show Clark’s vehicle 

was either in motion or that its engine was running.” However, during the plea 

colloquy, while making a factual basis for the plea, Clark admitted he was 

intoxicated, started the car, and then passed out in a parking lot “with it running,” 

which is where the officers found him. This admission is sufficient to establish a 

factual basis for his guilty plea under either constitutional rubric. See Munson v. 

Iowa Dep’t of Transp., 513 N.W.2d 722, 724 (Iowa 1994) (providing “the term 

‘operate’ means the immediate, actual physical control over a motor vehicle that 

is in motion and/or has its engine running”) (quotations omitted). Second, the 
3

minutes of testimony, which need not be detailed herein, also provide a factual 

basis for the plea. Third, and related, Clark’s claims fail because counsel had no 

duty to advise Clark there was no factual basis for the plea because there was a 

factual basis for the plea. Clark established the factual basis in his plea colloquy 

with the district court. Clark’s contention his counsel was ineffective or his plea 

was not knowing, intelligent, or voluntary is without merit.

We affirm the defendant’s conviction without further opinion. See Iowa Ct. 

R. 21.26(1)(a), (c), and (e). 

AFFIRMED.
Exhibit 32.1

CERTIFICATION OF THE PRINCIPAL EXECUTIVE OFFICER AND ACTING PRINCIPAL FINANCIAL
OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002


By signing below, the Principal Executive Officer and Acting Principal Financial
Officer hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge, (i)
this report on Form 10-QSB fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and (ii) the information
contained in this report fairly presents, in all material respects, the
financial condition and results of operations of Hybrid Fuels Inc.



Signed this 21st day of November 2005:



By: /s/ Paul Warkentin
----------------------
Paul Warkentin
President/CEO/Acting CFO
(Principal Executive Officer and Acting Principal Financial Officer)



A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Hybrid Fuels Inc. and will be
retained by Hybrid Fuels Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
Exhibit
32.2






Certification
of Treasurer & Controller


Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002




Paul
Sledz, Principal Accounting Officer of Comtex News Network, Inc. (the “Company”)
certifies in his capacity as an officer of the Company that he has reviewed the
Report of the Company on Form 10-Q for the period ended September 30, 2008 and
that to the best of his knowledge:




1.
            the
      report fully complies with the requirements of Sections 13(a) and 15(d) of
      the Securities Exchange Act of 1934; and2.
            the
      information contained in the report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.




The
purpose of this statement is solely to comply with Title 18, Chapter 63, Section
1350 of the United States code, as amended by Section 906 of the Sarbanes-Oxley
Act of 2002.




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






November 12,
      2008
            /s/ Paul SledzPaul
      SledzTreasurer
      & ControllerPrincipal
      Accounting Officer
# C_2014410EN.01000101.xml

| 18.11.2014 | EN | Official Journal of the European Union | C 410/1 |
| --- | --- | --- | --- |

18.11.2014

EN

Official Journal of the European Union

C 410/1

---

Non-opposition to a notified concentration

(Case M.7411 — TDR Capital/Lakeside 1 Limited)

(Text with EEA relevance)

2014/C 410/01

On 10 November 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) 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 32014M7411. 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 32014M7411. EUR-Lex is the online access to the European law.

---

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

1

---
Exhibit 32.1



SOHU.COM INC.



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 of Sohu.com Inc. (the Company) on Form
10-Q for the period ending June 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Charles Zhang, Chief Executive Officer and Chairman of the Board of Directors of the Company, certify,
pursuant to U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, 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 of the Company as of June 30, 2005 and results of operations of the
Company for the three months ended June 30, 2005.
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Charles ZhangCharles Zhang, Chief Executive Officer and Chairman of the Board of DirectorsAugust 8, 2005
<partyblock><br><br><div align="center"><b><font size="+1">The People of the State of New York, Respondent,<br><br>against<br><br>Sharonda Smith, Defendant-Appellant.</font></b></div><br><br><p>Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Herbert J. Adlerberg, J.H.O.), rendered October 16, 2015, convicting her, upon a plea of guilty, of aggravated unlicensed operation of a motor vehicle in the third degree, and imposing sentence.</p><p>Per Curiam.</p><p>Judgment of conviction (Herbert J. Adlerberg, J.H.O.), rendered October 16, 2015, reversed, on the law, accusatory instrument dismissed, and fine, if paid, remitted.</p><p>As the People concede, defendant's conviction must be vacated since the plea record lacks the requisite "affirmative showing" that defendant understood and waived her <i>Boykin </i>rights (<i>see Boykin v Alabama</i>, 395 US 238, 242 [1969]; <i>People v Tyrell</i>, 22 NY3d 359, 365 [2013]). The People also agree that dismissal of the accusatory instrument is the appropriate corrective action in this particular case (<i>cf. People v Conceicao</i>, 26 NY3d 375, n 1 [2015]).</p><p>THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.</p><br>I concur I concur I concur<br>Decision Date: November 18, 2016<br><br><div align="center"><form method="LINK" action="../../slipidx/at_1_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
# C_2014250EN.01000201.xml

| 1.8.2014 | EN | Official Journal of the European Union | C 250/2 |
| --- | --- | --- | --- |

1.8.2014

EN

Official Journal of the European Union

C 250/2

---

Euro exchange rates (1)

1

31 July 2014

2014/C 250/02

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3379 |
| JPY | Japanese yen | 137,66 |
| DKK | Danish krone | 7,4564 |
| GBP | Pound sterling | 0,79280 |
| SEK | Swedish krona | 9,2261 |
| CHF | Swiss franc | 1,2169 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,4050 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,570 |
| HUF | Hungarian forint | 312,96 |
| LTL | Lithuanian litas | 3,4528 |
| PLN | Polish zloty | 4,1691 |
| RON | Romanian leu | 4,4281 |
| TRY | Turkish lira | 2,8551 |
| AUD | Australian dollar | 1,4396 |
| CAD | Canadian dollar | 1,4610 |
| HKD | Hong Kong dollar | 10,3689 |
| NZD | New Zealand dollar | 1,5761 |
| SGD | Singapore dollar | 1,6681 |
| KRW | South Korean won | 1 378,50 |
| ZAR | South African rand | 14,2861 |
| CNY | Chinese yuan renminbi | 8,2621 |
| HRK | Croatian kuna | 7,6360 |
| IDR | Indonesian rupiah | 15 490,58 |
| MYR | Malaysian ringgit | 4,2769 |
| PHP | Philippine peso | 58,211 |
| RUB | Russian rouble | 47,5220 |
| THB | Thai baht | 42,959 |
| BRL | Brazilian real | 3,0156 |
| MXN | Mexican peso | 17,6355 |
| INR | Indian rupee | 81,0170 |

Currency

Exchange rate

USD

US dollar

1,3379

JPY

Japanese yen

137,66

DKK

Danish krone

7,4564

GBP

Pound sterling

0,79280

SEK

Swedish krona

9,2261

CHF

Swiss franc

1,2169

ISK

Iceland króna

NOK

Norwegian krone

8,4050

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,570

HUF

Hungarian forint

312,96

LTL

Lithuanian litas

3,4528

PLN

Polish zloty

4,1691

RON

Romanian leu

4,4281

TRY

Turkish lira

2,8551

AUD

Australian dollar

1,4396

CAD

Canadian dollar

1,4610

HKD

Hong Kong dollar

10,3689

NZD

New Zealand dollar

1,5761

SGD

Singapore dollar

1,6681

KRW

South Korean won

1 378,50

ZAR

South African rand

14,2861

CNY

Chinese yuan renminbi

8,2621

HRK

Croatian kuna

7,6360

IDR

Indonesian rupiah

15 490,58

MYR

Malaysian ringgit

4,2769

PHP

Philippine peso

58,211

RUB

Russian rouble

47,5220

THB

Thai baht

42,959

BRL

Brazilian real

3,0156

MXN

Mexican peso

17,6355

INR

Indian rupee

81,0170

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---