alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SERVED: APRIL 8, 2011 

U.S. DEPARTMENT OF TRANSPORTATION , .! ,;1U;£1^IQ'" 

OFFICE OF HEARINGS 

WASHINGTON, DC 

'•'• Til 1 i A 0:2 2 

IN THE MATTER OF 

TRAVEL GROUP, INC., D/B/A REPUBLIC AIR TRAVEL AND SCOT SPENCER 

DOCKET NO. DOT-OST-1995-272 

(Enforcement Proceeding) 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

In view of the impending prospective lapse in FY2011 appropriations funding 

government operations as of April 8, 2011, the Department has directed that all employees in the 

Office of Hearings will be furloughed in the event of such a lapse. Accordingly, in the event of 

such a lapse, the Office of Hearings will close on Friday, April 8, 2011, for the duration of the 

shutdown. 

Any deadline, whether set by regulation or previous order, is suspended and extended for 

the duration of the shutdown. 

SO ORDERED. 

Chief Administrative La 

Attachment - Service List 
Docket No. DOT-OST-1995-272 

UPDATED & CORRECTED SERVICE LIST 

ONE COPY (BY MAIL) 

Scot Spencer, Respondent 

SBD Aircraft Services 

255 South Leland Norton Way 

San Bernardino, CA 92408 

Scot Spencer, Respondent 

do George Spencer 

24 Eton Court 

Bedminster,NJ07921 

Samuel Podberesky, Dayton Lehman, Jr., & 

William J. Wagner, Enforcement Counsel 

Office of Aviation Enforcement and 

Proceedings, Room W96-322 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-9349 

FAX: 202-366-7152 

Scot Spencer, Respondent 

10 East 29th Street, Apartment 6B 

New York, NY 10016-7428 

TEL: 301-560-7588 

Rosalind A. Knapp, Deputy General Counsel 

Office of General Counsel, Room W92-312 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-4713 

The Honorable Ronnie A. Yoder, 

Chief Administrative Law Judge 

U.S. Department of Transportation 

Officfe of Hearings, M-20, Room El 2-320 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

Docket Operations, M-30 

West Building, Ground Floor, Room W12-140 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

- 2 -
**Exhibit 4(l)**

**FORM OF EMTN TEMPORARY GLOBAL FLOATING RATE BEARER NOTE**

**Temporary Global Floating Rate Bearer Note**

**GENERAL ELECTRIC CAPITAL CORPORATION**

**BEARER**

**[            ]1**

**[            ]2**

THIS SECURITY IS ATEMPORARY GLOBAL BEARER NOTE, WITHOUT COUPONS, EXCHANGEABLE FOR AN INTEREST IN A PERMANENT GLOBAL BEARER NOTE, WITHOUT COUPONS, REPRESENTING (AND EXCHANGEABLE FOR) DEFINITIVE BEARER NOTES OR IF SO PROVIDED HEREIN REGISTERED NOTES. IF SO PROVIDEDHEREIN, THIS GLOBAL NOTE MAY ALSO BE EXCHANGED DIRECTLY FOR DEFINITIVE BEARER NOTES OR DEFINITIVE REGISTERED NOTES. THE RIGHTS ATTACHING TO THIS NOTE AND THE CONDITIONS AND PROCEDURES GOVERNING ITS EXCHANGE ARE AS SPECIFIED IN THE FISCAL AGENCYAGREEMENT (AS DEFINED HEREIN). 

ANY UNITED STATES PERSON WHO HOLDS THIS OBLIGATION WILL BE SUBJECT TO LIMITATIONS UNDER THE UNITED STATES INCOME TAX LAWS,INCLUDING THE LIMITATIONS PROVIDED IN SECTIONS 165(j) AND 1287(a) OF THE INTERNAL REVENUE CODE. 

UNLESS AND UNTIL IT ISEXCHANGED IN WHOLE OR IN PART FOR AN INTEREST IN A PERMANENT GLOBAL BEARER NOTE OR FOR DEFINITIVE NOTES, THIS GLOBAL NOTE MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE [DEPOSITARY/COMMON SAFE-KEEPER]3 TO A NOMINEE OF THE [DEPOSITARY/COMMON SAFE-KEEPER] OR BY A NOMINEE OF THE [DEPOSITARY/COMMON SAFE-KEEPER] TO THE [DEPOSITARY/COMMON SAFE-KEEPER] OR ANOTHERNOMINEE OF THE [DEPOSITARY/COMMON SAFE-KEEPER] OR BY THE [DEPOSITARY/COMMON SAFE-KEEPER] OR ANY SUCH NOMINEE TO A SUCCESSOR [DEPOSITARY/COMMON SAFE-KEEPER] OR A NOMINEE OF SUCH SUCCESSOR [DEPOSITARY/COMMON SAFE-KEEPER]. 

 

----
CERTIFICATION OF CEO AND CFO PURSUANT TO
                               18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                    ss. 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-QSB of VHS Network, Inc. (the
Company) for the quarter ended June 30th , 2003 as filed with the Securities and
Exchange  Commission  on the date hereof (the  Report),  Elwin  Cathcart.  Chief
Executive  Officer (and  Principal  Financial  Officer) of the  Company,  hereby
certifies, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, to the best of his/her knowledge, 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 and result of operations of the Company.

                                      By:  /s/ Elwin D. Cathcart
                                      ---------------------------------
                                           Elwin D. Cathcart
                                           Chief Executive Officer
                                           Principal Financial Officer
                                           September 23, 2003

This  certification   accompanies  this  Report  pursuant  to  ss.  906  of  the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed filed by the Company for purposes of ss.
18 of the Securities Exchange Act of 1934, as amended.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                      27,173,000
<SECURITIES>                                         0
<RECEIVABLES>                               18,461,000
<ALLOWANCES>                                 1,162,000
<INVENTORY>                                 10,929,000
<CURRENT-ASSETS>                             9,079,000
<PP&E>                                     211,712,000
<DEPRECIATION>                              82,751,000
<TOTAL-ASSETS>                             371,074,000
<CURRENT-LIABILITIES>                       42,467,000
<BONDS>                                    355,000,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                 (35,471,000)
<TOTAL-LIABILITY-AND-EQUITY>               371,074,000
<SALES>                                      7,446,000
<TOTAL-REVENUES>                            48,295,000
<CGS>                                        6,788,000
<TOTAL-COSTS>                               10,669,000
<OTHER-EXPENSES>                            16,498,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           8,194,000
<INCOME-PRETAX>                              3,885,000
<INCOME-TAX>                                  (842,000)
<INCOME-CONTINUING>                          3,043,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,043,000
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
p. 1


# OAR Box 1830 Prepped by Ollie Stewart



### Document

Number: 

# 143 ) IV-C-10

9 Docket Number: 

# A-87-1 1

Printed 11/13/20087:20:59AM Sheet 143 of 232\ . . . P. 2



## * 

## ft r 

## i

" S UNITE D STATE S ENVIRONMENTA L PROTECTIO N AGENC Y 

# a s %<f

WASHINGTON
. D.C
. 2046 0 ' r "i. «o^ & 

### AP RI 9 

### 198 8

T H E ADMINISTRATO R

Mr . Donal d E . Peterso n Chairman , Ford Moto r Compan y Th e America n Roa d P.O . Bo x 189 9 Dearborn , M I 4812 1 Dea r Mr . Peterson : I' msur e yo u ar e awar e o f the debat e surrounding EPA' s proposa l t o requir e tha t al l ne w gasoline-powere d vehicle s instal l system s tha t captur e vapor s tha t currentl yescap e int o the atmospher e during refueling . On e o f the mos t controversia l issue s i n the debat e i s the safet yimplication s o f thes e potentia l "onboard " vehicl e systems . EP Aha s bee n awar e o f the safet yissu e fo r a lon g tim e an d ha s attempte d t o stud yi t in a straightforward , technica l manner . A t th

e tim e w e announce d the detail s o f our onboar d proposa l (Jul

y1987 ) , w

e mad e availabl e t o intereste d partie s a n EPAtechnica l repor t o n the safet yo f onboar d systems . W e requeste d comment s o n ou r analysi s a s wel l a s additiona l informatio n tha t woul d hel p u s full yunderstan d thi s safet y issue . W e have subseauentl yreceive d man ycomment s fro

mmoto r vehicl e manufacturer s ; n d other s during our publi c hearing i n Octobe r 198 7 an

d mo r - centl yin writte n comment s submitte d t o the publi c docket . I n ligh t o f the . romment s w e hav e underwa ya serie s o f efforts . On e o f th e >s t successfu l ha s bee n a staf f projec t t o desig n an

d assemh ; a prototyp e onboar d systemwhic h woul d no t increas e th e com; , x it ybeyon d tha t o f fue l system s in us e o n today' s car s an

d tr.<s . Tha t effor t i s no

w complete . I hav e see n th e prototyp e an d wa s ver yimpresse d b

yit s simplicit ycompare d t o curren t fue l evaporativ e contro l systems . Notably , the prototyp e system exclusivel yuse s curren t productio n part s wit h ver yfew modifications . Test s conducte d o n the prototyp e sho w tha t i t consistentl ycomplie s wit h the performanc e standar d we hav e propose d for onboar d systems .P. 3

AGENCy R ° reCT '0( V MAY ce/v/ i 

### - 9 

### 198

8 

# ***8?**

### ^^^•^^B ~ P. 4

- 2 - M y staf f ha s bee ni ncontac t wit hyou r staf f t o offe r t o mee t an

d presen t ou r prototyp e hardware . We ar e ver y intereste d inFord' s comment s o nour work . I nparticular , I woul d lik e t o encourag e yo u an d othe r senio r For d manager s t o carefull y

evaluat e thes e ne w developments . Thank yo u for you r consideratio no f thi s matter . Sincerel y

yours , Eeeffio'Iboaaq ' Le e M
. Thoma s
**EXHIBIT 23.1**

**  **

****

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

****

 

Tothe Board of Directors and Stockholders of Lakeland Industries, Inc. and Subsidiaries

  

Wehereby consent to the incorporation by reference of our report dated April 21, 2016 included in this Amendment No. 1 on Form 10-K/Ato the Annual Report on Form 10-K for the fiscal year ended January 31, 2016, on the consolidated financial statements of LakelandIndustries, Inc., and Subsidiaries as of January 31, 2016 and for the two years then ended into the Company’s previouslyfiled Registration Statements on Form S-8 (No. 333-144870, No. 333-176733, No. 333-183882 and No. 333-205836) and Form S-3 (333-200422).

 

 

*/s/Mazars USA LLP (formerly WeiserMazars LLP)*

NewYork, New York

February17, 2017
EX-10.1



 Exhibit 10.1 

JPMORGAN CHASE BANK, N.A. 

383 Madison Avenue 
 New
York, NY 10179 
 NOTICE OF EXTENSION OF MATURITY DATE 

October 21, 2015 
 To: 

Reynolds American Inc. 
 Citibank,
N.A. 
 Credit Suisse AG, Cayman Islands Branch 

Fifth Third Bank 
 Goldman Sachs
Bank USA 
 Mizuho Bank, Ltd. 

Royal Bank of Canada 
 The Bank of
Nova Scotia 
 PNC Bank, National Association 

Wells Fargo Bank, National Association 

AgFirst Farm Credit Bank 
 The
Bank of New York Mellon 
 United FCS, PCA 

Farm Credit Bank of Texas 

Northern Trust Company 
 Ladies and Gentlemen:

 Reference is made to (i) that certain Credit Agreement, dated as of December 18, 2014 (as amended, restated, modified and/or
supplemented through the date hereof, the “Credit Agreement”), among Reynolds American Inc. as the Borrower (the “Borrower”), the lenders party thereto from time to time as Lenders and JPMorgan Chase Bank, N.A. as
Administrative Agent (in such capacity, the “Administrative Agent”) and (ii) the letter from the Borrower to the Administrative Agent requesting an extension of the Final Maturity Date under the Credit Agreement referred to
therein which was posted to the Lenders on October 1, 2015 (the “Maturity Date Extension Request Letter”). 
 In
accordance with Section 2.20 (Maturity Date Extensions) of the Credit Agreement, we hereby notify you that the Final Maturity Date has been extended from December 18, 2019 to December 18, 2020 pursuant to the Maturity Date
Extension Request Letter. 
 [Signature page to follow] 







 
					
	Very truly yours,
	
	JPMorgan Chase Bank N.A., as Administrative Agent
		
	By:	 	 /s/ Tony Yung

		 	Name:	 	Tony Yung
		 	Title:	 	Executive Director
**Exhibit 23.1****Consent of Independent Registered Public Accounting Firm**     Weconsent to the incorporation by reference in (i) Registration Statement (Form S-8 No.333-140477) of Premier Exhibitions, Inc.; (ii) RegistrationStatement (Form S-3 No. 333-138534) ofPremier Exhibitions, Inc., and (iii) Registration Statement (Form S-8 No. 333-148756) of PremierExhibitions, Inc., of our reports dated May 6, 2008 with respect to the consolidated financialstatements of Premier Exhibitions, Inc., Premier Exhibitions, Inc.’s management’s assessment of theeffectiveness of internal control over financial reporting, and the effectiveness of internalcontrol over financial reporting of Premier Exhibitions, Inc. included in this Annual Report onForm 10-K for the year ended February 29, 2008./s/Kempisty & Company CPAs PC
State of Wisconsin DEPARTMENT OF NATURAL RESOURCES 101 S. Webster Street Box 7921 Madison WI 53707-7921
March 5,2012 George Czerniak Acting Division Director Air & Radiation Division 77 W. Jackson Blvd (A-183) Chicago II, 60604 Scott Walker, Governor Cathy Stepp, Secretary

Telephone 608-266-2621 Toll Free 1-888-936-7463 1IY Access via relay - 711 

# /rriJ n..--.....;;-,

WISCONSIN DEPT. OF NATURAL RESOURCES

Subject: Wisconsin State Implementation Plan Submittal for PM,.5 Dear 1\1r. Czerniak: On May 12, 2011 Wisconsin DNR submitted a requestto US EPA Region V to revise its State Implementation Plan (SIP) to include new permit requirements relating to PM,.,. That submittal includedpennanentrules to:

• Define major source thresholds and significantemission increase levels;
• Establish significant impact levels and increment consumption thresholds;
• Establish inter-pollutanttrading ratios for PM,.5. SO, and NOx; and
• ClarifY existing non-attaimpent area pennitting rules. On July 21, 2011 US EPA through a memorandum announced a change in its policy concerning the development and adoption ofinter-pollutanttrading provisions for PM,.5 under state nonattaimnent area New Source Review programs. In it, EPA states itno longer supports the presumptive ratios provided in the preamble to the 2008 PM,., New Source Review Implementations Rule and that any ratio involving PM,.5 precursors submitted to EPA for approval for use in a state's inter-pollutant offsetprogram for PM,.5 nonattaimnent areas mustbe accompanied by atechnical demonstration that shows the net air quality benefits ofsuchratio for the PM,.5 nonattainment area in which it will be applied. Atthis time Wisconsin has not conducted a technical demonstration to show that a net air-quality benefitwould occur in the 3 county non-attainment area ifthe previously presumptive SO, andNOxratios were used in a new source review. Therefore, in order to not hold up approval ofthe other elements in Wisconsin's May 12,2011 request, Wisconsin DNR withdraws its request to have s. NR 408.06 

### (1) (em), Wis. Adm. Code approved in the Wisconsin's SIP.
. Questions regarding this request Canbe directed to Andrew Stewart ofmy staffat 608-266-6876 or andrew.stewart@wisconsin.gov
. Sincerely,

# ~.~~ Bart Spons r, Director Bureau ofAir Management Cc: Pat Stevens-AD/8 Andrew Stewart-AMl7 Ralph Patterson-AMl7

dnr.wi.gov wisconsin.gov 

## Naturally

## WISCONSIN
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

Super Feed Services, Inc., 

Plaintiff, 

v. Case No. 1:18cv195 

Reading Food Services, Inc., et al., 

Defendants. 

CALENDAR ORDER 

Pursuant to the filing of the Rule 26(f) Report by the parties on June 7, 2019 

(Doc. 25), this case shall proceed as follows: 

1. Telephone Status Conference1: August 20, 2019 at 1:30 pm

ATTENTION: parties shall be prepared to inform the Court of their 

progress related to Plaintiff’s settlement demand and Defendant’s 

response prior to this setting in order to discuss the possibility of setting 

an early intervention settlement conference. 

2. Deadline to file motion for leave to amend the complaint: August 1, 2019

3. Deadline for motions relative to the pleadings: September 2, 2019

4. Deadline for disclosure of expert witnesses and submission of expert reports2:

Plaintiff disclosure and report of experts: July 1, 2019

Defendant disclosure and report of experts: August 1, 2019

Disclosure and report of rebuttal experts: September 2, 2019

Disclosure of non-expert (fact) witnesses: July 1, 2019

5. Discovery to be completed by3: November 22, 2019

6. Dispositive motion deadline4: December 13, 2019

1

Conferencing instructions to be provided by a separate notice which will follow this Order. 

2

Disclosure of Experts, Expert reports, and non-expert (fact) witnesses are not required to be filed with the Court. 

3

Counsel shall not presume that a pending motion stays their obligation to complete discovery by this date. 

4

Counsel shall familiarize themselves with the Court=s Standing Orders and S.D. Ohio Civ. R. The Court will not read 

beyond 20 pages unless leave has been previously sought and granted. This Court requires courtesy copies of all substantive 

motions be delivered to chambers upon filing. 

Case: 1:18-cv-00195-MRB Doc #: 31 Filed: 07/02/19 Page: 1 of 2 PAGEID #: 626
7. Settlement Conference5: January 28, 2020 at 1:30 pm, Room 239

8. Joint Final Pretrial Order/Jury Instructions: Submitted to the Court one week

prior to the final pretrial conference 

9. Final pretrial conference: May 28, 2020 at 11:30 am, Room 239

10. Jury Trial: July, 2020, Courtroom 109

IT IS SO ORDERED. 

 s/Michael R. Barrett

Michael R. Barrett, Judge 

United States District Court 

5Special Instructions regarding settlement: 1. All parties must bring their client or a representative with full settlement 

authority. Failure to follow this requirement will result in sanctions; 2. Each counsel must prepare and submit via hand delivery to 

the Court or via the chamber=s email address at: barrett_chambers@ohsd.uscourts.gov a letter no longer than five pages one week 

prior to the conference a synopsis of the case and the status of any settlement negotiations to date. These letters NEED NOT be 

filed with the Clerk=s Office nor exchanged with opposing counsel.

Case: 1:18-cv-00195-MRB Doc #: 31 Filed: 07/02/19 Page: 2 of 2 PAGEID #: 627
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 1 of 16 PAGEID #: 1
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 2 of 16 PAGEID #: 2
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 3 of 16 PAGEID #: 3
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 4 of 16 PAGEID #: 4
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 5 of 16 PAGEID #: 5
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 6 of 16 PAGEID #: 6
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 7 of 16 PAGEID #: 7
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 8 of 16 PAGEID #: 8
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 9 of 16 PAGEID #: 9
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 10 of 16 PAGEID #: 10
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 11 of 16 PAGEID #: 11
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 12 of 16 PAGEID #: 12
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 13 of 16 PAGEID #: 13
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 14 of 16 PAGEID #: 14
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 15 of 16 PAGEID #: 15
Case: 1:18-mj-00274-KLL Doc #: 1 Filed: 04/24/18 Page: 16 of 16 PAGEID #: 16
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

410 CA 16-01611 PRESENT: CENTRA, J.P., LINDLEY, CURRAN, AND TROUTMAN, JJ.

LINZY FANCETT, AN INFANT UNDER THE AGE OF 14 YEARS, BY AND THROUGH HER MOTHER AND NATURAL GUARDIAN SUSAN KUHN AND SUSAN KUHN, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS,

V MEMORANDUM AND ORDER

CITY OF SYRACUSE, DEFENDANT-APPELLANT.

JOSEPH FAHEY, INTERIM CORPORATION COUNSEL, SYRACUSE (JOHN A. SICKINGER OF COUNSEL), FOR DEFENDANT-APPELLANT.

LYNN LAW FIRM, LLP, SYRACUSE (PATRICIA A. LYNN-FORD OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered April 22, 2016. The order denied the motion of defendant for summary judgment.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiffs commenced this action seeking to recover damages for injuries allegedly sustained by the infant plaintiff when her foot went through a gap between two sections of a steel grate covering a debris basin. Defendant moved for summary judgment dismissing the complaint on the ground that the grate and debris basin were part of a culvert on a City street, and the prior written notice of the defect required by Syracuse City Charter § 8-115 (1) was not provided with respect thereto. We conclude that Supreme Court properly denied the motion, but our reasoning differs from that of the court.
To meet its initial burden on the motion, defendant was required to establish as a matter of law that the debris basin was indeed a culvert or part of a City street for purposes of the prior written notice requirement ( see generally Staudinger v Village of Granville , 304 AD2d 929, 929). We conclude that defendant failed to meet that burden ( cf. Duffel v City of Syracuse , 103 AD3d 1235, 1235; Hall v City of Syracuse , 275 AD2d 1022, 1023). Here, the debris basin is not a culvert ( see Sobotka v Zimmerman , 48 AD3d 1260, 1261). With respect to whether the debris basin was situated in a street for the purposes of the prior written notice requirement, we conclude that defendant failed to submit evidence establishing the precise location of the-2- 410 CA 16-01611
debris basin. Thus, in the absence of a metes and bounds description of the nearby streets, a survey map, or any instruments of conveyance establishing the boundaries of the City streets, defendant failed to establish that the debris basin was situated in a City street for the purposes of the prior written notice requirement ( see Staudinger , 304 AD2d at 929).

Entered: March 31, 2017 Frances E. Cafarell Clerk of the Court
No. 07-16-00073-CR

Jimmy Zavala

 Appellant

v.

The State of Texas

 Appellee 

§

§

§

§

From the 137th District Court 

 of Lubbock County

December 29, 2016

Opinion by Justice Pirtle

J U D G M E N T

Pursuant to the opinion of the Court dated December 29, 2016, it is ordered, 

adjudged and decreed that the judgment of the trial court be affirmed.

Inasmuch as this is an appeal in forma pauperis, no costs beyond those that 

have been paid are adjudged.

It is further ordered that this decision be certified below for observance.

o O o