alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Wesley Sykes, Appellant.

[772 NYS2d 586]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered July 23, 2002, convicting him of murder in the second degree and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The requisite link between the witness’s unavailability to testify and the defendant’s misconduct was established by clear and convincing evidence *(see People v Cotto,*92 NY2d 68, 76-77 [1998]; *People v Geraci,*85 NY2d 359, 369-370 [1995]; *cf. People v Hamilton,*70 NY2d 987 [1988]; *People v Johns,*297 AD2d 645 [2002]; *People v Perkins,*289 AD2d 940, 941 [2001]). Consequently, the Supreme Court properly admitted the witness’s grand jury testimony and sworn statement into evidence.

The defendant’s remaining contentions are without merit. Ritter, J.P., Goldstein, Crane and Rivera, JJ., concur.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ELIZABETH LAMORTE,

Appellant,

v.

PABLO TESTONI,

Appellee.

No. 4D17-3487

[ March 14, 2018 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Roger B. Colton, Senior Judge; L.T. Case No. 

502016DR001039XXXNB.

Manuel Farach of McGlinchey Stafford, PLLC, Fort Lauderdale, for 

appellant.

Michael S. Dyer of the Law Office Michael Samuel Dyer, West Palm 

Beach, for appellee.

TAYLOR, J.

The mother, Elizabeth LaMorte, appeals an Amended Final Judgment 

of Determination of Paternity, which established the appellee’s paternity

of the parties’ minor children and adjudicated issues regarding 

timesharing and child support. We affirm on all issues, but write to 

address one of the mother’s arguments.

With respect to the mother’s argument that the trial court erred by 

failing to provide for support of the parties’ special needs child past the 

age of majority, we find that this issue was not preserved. However, our 

affirmance on this issue is without prejudice to the mother seeking a 

modification of child support on the basis that section 743.07(2), Florida 

Statutes, applies. See § 61.13(1)(a)2., Fla. Stat. (2017) (“The court initially 

entering an order requiring one or both parents to make child support 

payments has continuing jurisdiction after the entry of the initial order to 

modify the amount and terms and conditions of the child support 

payments . . . if s. 743.07(2) applies . . . .”); § 743.07(2), Fla. Stat. (2017) 

(a court may require support “for a dependent person beyond the age of 
2

18 years when such dependency is because of a mental or physical 

incapacity which began prior to such person reaching majority . . . .”).

Affirmed.

MAY and DAMOORGIAN, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
**Exhibit      32.1**

**CERTIFICATE      PURSUANT TO 18 U.S.C. SECTION 1350, SECTION 906 OF THE SARBANES-OXLEY ACT OF      2002**

|   | 1. | The                quarterly report on Form 10-QSB for the quarter ended June 30, 2006                (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 and results                of                operations of Debt Resolve, Inc. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |  /s/                James                D. BurchettaJames                D. BurchettaCo-Chairman                and Chief Executive Officer                           |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | /s/                Katherine                A. Dering Katherine                A. DeringChief                Financial Officer, Treasurer and                Secretary |

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

<ARTICLE>                                      5
<MULTIPLIER>                                   1,000

<S>                                            <C>
<PERIOD-TYPE>                                  6-MOS
<FISCAL-YEAR-END>                              Dec-31-2000
<PERIOD-START>                                 Jan-01-2000
<PERIOD-END>                                   Jun-30-2000
<CASH>                                         7,152
<SECURITIES>                                   0
<RECEIVABLES>                                  17,021
<ALLOWANCES>                                   278
<INVENTORY>                                    0
<CURRENT-ASSETS>                               28,160
<PP&E>                                         442,370
<DEPRECIATION>                                 130,070
<TOTAL-ASSETS>                                 361,468
<CURRENT-LIABILITIES>                          70,280
<BONDS>                                        117,678
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     162,330
<TOTAL-LIABILITY-AND-EQUITY>                   361,468
<SALES>                                        0
<TOTAL-REVENUES>                               75,118
<CGS>                                          0
<TOTAL-COSTS>                                  47,237
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             5,980
<INCOME-PRETAX>                                21,825
<INCOME-TAX>                                   376
<INCOME-CONTINUING>                            21,449
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   21,449
<EPS-BASIC>                                  1.13
<EPS-DILUTED>                                  1.13



</TABLE>
This disposition is not appropriate for publication and is not precedent *

except as provided by Ninth Circuit Rule 36-3.

The Honorable Lewis A. Kaplan, Senior District Judge for the United **

States District Court for Southern District of New York, sitting by designation.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SERVICE EMPLOYEES

INTERNATIONAL UNION, UNITED

HEALTHCARE WORKERS – WEST, on

behalf of represented employees,

 Plaintiff - Appellant,

 v.

PRIME HEALTH CARE SERVICES,

INC., et al.,

 Defendants - Appellees.

No. 10-16832

D.C. No. 2:08-cv-02980-LKKCMK

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Lawrence K. Karlton, Senior District Judge, Presiding

Argued and Submitted October 26, 2011

San Francisco, California

Before: GRABER and IKUTA, Circuit Judges, and KAPLAN, Senior District ** 

 Judge.

FILED

NOV 01 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

Plaintiff Service Employees International Union, United Healthcare Workers

– West ("SEIU") timely appeals from the summary judgment entered in favor of

Defendants. Reviewing de novo, Travelers Prop. Cas. Co. of Am. v.

ConocoPhillips Co., 546 F.3d 1142, 1145 (9th Cir. 2008), we affirm. 

Plaintiff contends that Defendants violated the Federal Worker Adjustment

Relocation and Notification Act ("WARN Act") by failing to notify employees at

least 60 days before a change in hospital management that resulted in a workforce

reduction and loss of union representation. In order to trigger a duty to warn under

the WARN Act, a "mass layoff" or a "plant closing" must have occurred. See 29

U.S.C. § 2102(a) ("An employer shall not order a plant closing or mass layoff until

the end of a 60-day period after the employer serves written notice of such an

order[.]"); Int’l Alliance of Theatrical & Stage Employees v. Compact Video

Servs., Inc., 50 F.3d 1464, 1466 (9th Cir. 1995) ("WARN requires that an

employer give 60 days advance warning before any ‘plant closing’ or ‘mass

layoff.’"). 

Plaintiff argued in its opening brief only that a mass layoff had occurred at

the hospital. Plaintiff later sent a letter to the court withdrawing the contention that

a mass layoff had occurred and, at oral argument, counsel verbally confirmed the

withdrawal of this theory. 
3

Instead, Plaintiff sought to argue that the change in hospital management

constituted a plant closing under the WARN Act. Unfortunately, Plaintiff did not

raise that argument in its opening brief to this court. The argument is therefore

waived. See, e.g., United States v. Kama, 394 F.3d 1236, 1238 (9th Cir. 2005)

("Generally, an issue is waived when the appellant does not specifically and

distinctly argue the issue in his or her opening brief."); Smith v. Marsh, 194 F.3d

1045, 1052 (9th Cir. 1999) ("[O]n appeal, arguments not raised by a party in its

opening brief are deemed waived. "). 

Plaintiff’s other objections to summary judgment are moot. 

AFFIRMED.
# Air Guard dual mission: helping at home and abroad

/ Published Nov. 21, 2017

SOUTHWEST ASIA (AFNS) -- Not long ago, Airmen from the 158th Airlift Squadron, Savannah, Georgia, were delivering supplies with their fleet of C-130H Hercules to hurricane victims in Puerto Rico and the U.S. Virgin Islands. But just a few weeks later, they find themselves on the other side of the world in Southwest Asia supporting Operation Inherent Resolve.

Assigned to the 165th Airlift Wing, these Airmen demonstrate the Air National Guard’s dual mission of supporting state humanitarian missions at home and the federal missions abroad. 

“We pick up where the [previous] units left off,” explained Lt. Col. Sheldon Wilson, 737th EAS commander. “We continue the fight through air-land and air drop missions, distinguished visitor moves and medical evacuation flights.”

Savannah served as a staging ground for disaster relief efforts. As Hurricane Maria intensified earlier this year, the Savannah ANG base was tapped to serve as a place to store food and water, shelter members of the military and corral aircraft ahead of anticipated humanitarian missions.

Around 75 percent of the squadron members supported the hurricane aftermath efforts in some capacity before deploying to Southwest Asia.

“They want to be in the fight,” said Wilson. “We have volunteers for our aircrews and support personnel and do not have to force people to deploy. They know the mission well and are always looking for opportunities to excel. I want to make sure those people are recognized for the service they give.”

The operation tempo and mission here is 24/7 and the Airmen witness first-hand the difference compared to home station, where flexibility allows for more control of their schedule. Furthermore, the opportunity to utilize systems and execute processes they normally train on back home raises their experience level.

“The biggest challenge is saying goodbye to family and friends,” said Master Sgt. Robbie Harrell, 737th EAS loadmaster. “But the experience and proficiency levels we gain during a deployment are worth (their) weight in gold.”

This is Harrell’s third deployment and he explained that the highlight of his job is seeing the direct impact their mission efforts have on the faces awaiting their arrival.

For one particular member of the team, the state mission really hit home. 

“Most of my immediate family lives in Puerto Rico,” said Staff Sgt. Jonathan Santiagobarrera, 737th EAS flight engineer. “I was worried about my folks down there and felt empowered to be in a position to help them.”

Santiagobarrera was born and raised in Puerto Rico and joined the U.S. Air Force in 2000. During one of his trips home through relief efforts, he was able to hand deliver supplies to his mother and sister and spent a few minutes catching up with them before continuing on his next mission. It had been two years since he had been home last.

“The biggest challenge is not being able to do more,” continued Santiagobarrera. “It was gratifying to see the impact we had there and I plan to visit home after this deployment.”
August 14, 2001



Exabyte Corporation
1685 38th Street
Boulder, CO 80301



To whom it may concern:

You have requested my opinion with respect to certain matters in connection with the filing by Exabyte Corporation (the "Company") of a Registration Statement on Form S-8 (the "Registration Statement") with the Securities and Exchange Commission covering the offering of up to 3,725,000 shares of the Company's Common Stock, $.001 par value, (the "Shares") pursuant to its 1997 Non-Officer Stock Option Plan (the "Plan").

In connection with this opinion, I have examined the Registration Statement, the Restated Certificate of Incorporation and By-laws, as amended, and such other documents, records, certificates, memoranda, and other instruments as I deem necessary as a basis for this opinion. I have assumed the genuineness and authenticity of all documents submitted to me as originals, the conformity to originals of all documents submitted to me as copies thereof and the due execution and delivery of all documents where due execution and delivery are a prerequisite to the effectiveness thereof.

On the basis of the foregoing and reliance thereon, I am of the opinion that the Shares, when sold and issued in accordance with the Plan and the Registration Statement, will be validly issued, fully aid and nonassessable (except as to those shares issued pursuant to certain deferred payment arrangements, which will be fully paid and nonassessable when such deferred payments are made in full).

I consent to the filing of this opinion as an exhibit to the Registration Statement.

Sincerely,

/s/ Stephen F. Smith

Stephen F. Smith
General Counsel
<TABLE> <S> <C>


<ARTICLE>                                      5
<MULTIPLIER>                                   1000

<S>                                            <C>
<PERIOD-TYPE>                                  3-mos
<FISCAL-YEAR-END>                              Dec-31-2000
<PERIOD-START>                                 Jan-1-2000
<PERIOD-END>                                   Mar-31-2000
<CASH>                                         7,398
<SECURITIES>                                   0
<RECEIVABLES>                                  17,096
<ALLOWANCES>                                   278
<INVENTORY>                                    0
<CURRENT-ASSETS>                               28,899
<PP&E>                                         441,907
<DEPRECIATION>                                 126,413
<TOTAL-ASSETS>                                 364,964
<CURRENT-LIABILITIES>                          34,299
<BONDS>                                        154,005
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     164,770
<TOTAL-LIABILITY-AND-EQUITY>                   364,964
<SALES>                                        0
<TOTAL-REVENUES>                               36,680
<CGS>                                          0
<TOTAL-COSTS>                                  23,758
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             3,019
<INCOME-PRETAX>                                9,865
<INCOME-TAX>                                   298
<INCOME-CONTINUING>                            9,567
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   9,567
<EPS-BASIC>                                  0.50
<EPS-DILUTED>                                  0.50



</TABLE>
EXHIBIT 31.1 CERTIFICATION

I, Brenda G. Gujral, President, certify that:

I have reviewed this quarterly report on Form 10-Q of Inland Land Appreciation Fund II, L.P.;

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report.

The registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) for the registrant and we have:

> - designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
- evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
- disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and 

The registrant's other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function):

> - all significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and
- any fraud, whether o *r* not material, that involves management or other employees who have a significant role in the registrant's internal controls over financial reporting.
By: Inland Real Estate Investment Corporation    General Partner

 

/S/ Brenda G. Gujral                                   

Name: Brenda G. GujralTitle:President of the General Partner and       Principal Executive Officer of Inland Land Appreciation Fund II, L.P
Date: August 11, 2003
03/09/2010 ie:17 FAX 2024935142 FAA -DM S 1^001/002 

U.S. DEPARTMENT OF TRANSPORTATION .,,.. Vf-^j;:Gf iT' ' 'HFQRWi'ON 

DEPARTMENT OF HEARING .,,-. « ; 

WASHINGTON, D,C. 

IN IF IE MATTER OF GERALD W. ) FAA DOCKET NUMBER: CP06GL0007 

KELLER, ) 

Respondent/Appellant ) DMS NO. FAA-2006-25869-33 

) 

versus ) FAA Case No. AGI.-7Ji 

) 2008-GL-13-0038 

I'EDERAL AVIATION ADMINISTRATION ) 

Complainani/AppeKcc ) 

NOTICE OF APPEAL AND/OR 

REQUEST FOR EXTENSION OF TIME TO APPEAL 

Pursuant to Rules 13.219 (c)(2) of the Rules of Practice, Gerald W, Keller, acting 

on his own behalf, files this Notice of Appeal and/or Request for Extension of Time to 

Appeal from the Administrative Law Judge's failure to enter a ruling on his timely filed 

Motion to Vacate and Set Aside Order Dismis.<;ing Complaint Without Prejudice, and the 

Federal Aviation Administration's Order Assessing Civil Penalty received on or about 

February 12, 2010 finding him in violations of 14 C.F.R. § 121.580 and 49 U.S.C. § 

46318 and assessing a civil penalty in the amount of $2,500 based on the same facts and 

issues pending in FAA CP06GL0007 and by default. 

The grounds for appeal are that the FAA ^va^5 estopped from asserting a second 

enforcement action based on prejudicial error committed by the administrative law judge 

on its own precedent and -when live controversy still remains pending; that the FAA 

failed to provide proper notice and opportunity for hearing; that the FAA misrepresesnted 

material facts, and findings of fact are not supported by a preponderance of reliiiblc. 

probative and substantial evidence; and conclusions of law were not made in accordance 

with the Constitution, statute or regulations, and precedent. 

Dated: February 26,2010, 

Respectfully submitted. 

Keller 

2290 Bascomb Carmel Road 

Woodstock, GA 30189 

4 ": ru.i 

t/gtmrnimmmmmiKimM 
CERTIFICATE OF SERVICE 

I, Gerald Keller, hereby certify that, on February 26,2010, a true and correct copy of the 

forgoing Notice of Appeal has been served via: U.S. mail to each party listed in (he 

Service list. 

Signed this 26''* Day of Ifebruary 20 J 0 

Gerald W. Keller 

SERVICE LIST 

Att: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

SOO Independence Avenue, S.W. 

Washington, DC 20591 

The Honorable Isaac D. Bcnkin 

Administrative Law Judge 

Office of Hearing, M-20 

Room 54II 

U.S. Department of Transportation 

400 Seventh Street, S.W. 

WasijingTOi), DC 20590 

Glenn L. Brown, Attorney 

Federal Aviation Administration 

Regional Counsel AGL-7 

2300 lja.«5t Devon Avenue 

Dcs Plaincs. Ill 60018-4696
Silver Wheaton Corp.: Exhibit 4.6 - Filed by newsfilecorp.com






Exhibit 4.6 



CONSENT OF INDEPENDENT REGISTERED CHARTERED
ACCOUNTANTS 

We consent to the incorporation by reference in this Amendment
No. 1 to Registration Statement No.333-185152 on Form F-10 of our reports dated
March 21, 2013 relating to the consolidated financial statements of Silver
Wheaton Corp. and the effectiveness of Silver Wheaton Corp.’s internal control
over financial reporting appearing in the Annual Report on Form 40-F of Silver
Wheaton Corp. for the year ended December 31, 2012.

/s/ Deloitte
LLP                                                        
 
Independent Registered Chartered Accountants
Vancouver,
Canada
May 7, 2013
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: John Scherer v. Texas Coast Yachts, LLC and Fountaine Pajot, S.A.

Appellate case number: 01

- 20

- 00412

- CV

Trial court case number: CV

- 0078309

Trial court: County Court at Law No

. 2 of Galveston County

Appellant’s motion for en banc reconsideration is denied.

It is so ORDERED.

Judge’s signature: /s/ Richard Hightower

Acting for the En Banc Court

En Banc Court consists of Chief Justice Radack and Justices Kelly, Goodman, Landau, Hightower,

Countiss, Rivas

- Molloy, Guerra, and Farris.

Date: September 1, 2022