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

[770 NYS2d 656]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered November 14, 2001, convicting him of criminally negligent homicide, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution *(see People v Contes,*60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt *(see People v Williams,*84 NY2d 925 [1994]; *People v Hawkins-Rusch,*212 AD2d 961 [1995]). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see*CPL 470.15 [5]).

*584Since the evidence of the defendant’s guilt was not entirely circumstantial *(see People v Guidice,*83 NY2d 630, 636 [1994]; *People v Rumble,*45 NY2d 879 [1978]), the trial court properly refused to give a circumstantial evidence charge *(see People v Guidice, supra*at 636; *People v Daddona,*81 NY2d 990, 992 [1993]).

Contrary to the defendant’s contention, the prosecutor did not advocate a position that she knew to be false *(cf. People v Pelchat,*62 NY2d 97 [1984]). Moreover, the defendant’s contention that the prosecutor breached her duty to correct testimony that she knew to be mistaken or false *(see People v Steadman,*82 NY2d 1 [1993]; *People v Savvides,*1 NY2d 554, 556 [1956]) is unpreserved for appellate review *(see*CPL 470.05 [2]), and in any event, is without merit.

The defendant’s remaining contentions either are unpreserved for appellate review *(see*CPL 470.05 [2]), or without merit. Altman, J.P., Krausman, Adams and Townes, JJ., concur.
TT OF INDIAN RIVER, INC. d/b/a Mercedes Benz of Melbourne, Appellant, v. Heidi FORTSON and James C. Dorman, Appellees.

Case No. 5D16-3487

District Court of Appeal of Florida, Fifth District.

Opinion filed February 2, 2018

Richard A. Sherman, Sr. and James W. Sherman, of the Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and Chris Killer and Todd Bohnenstiehl, of the Law Offices of J. Christopher Norris, Orlando, for Appellant.

Mark S. Roman and Morgan L. Gaynor, of Roman & Gaynor, Clearwater, Douglas R. Beam, of Douglas R. Beam, P.A., Melbourne, and Celene H. Humphries and Shea T. Moxon, of Brannock & Humphries, Tampa, for Appellee, Heidi Fortson.

No appearance for Appellee, James C. Dorman.

*ON CONFESSION OF ERROR*

PER CURIAM.

*479Pursuant to Heidi Fortson's Confession of Error, we reverse the Order on Plaintiff's Amended Motion for Attorney's Fees and remand this matter to the trial court for further proceedings. *See**Moore v. Leisure Pool Serv., Inc.*, 412 So.2d 392 (Fla. 5th DCA 1982).

REVERSED and REMANDED.

SAWAYA, ORFINGER, and LAMBERT, JJ., concur.
EXHIBIT 32.2



CERTIFICATION OF THE CHIEF FINANCIAL OFFICER OF

CRESCENT BANKING COMPANY

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

§ 906
OF THE SARBANES-OXLEY ACT OF 2002



In connection with the
Quarterly Report of Crescent Banking Company (the Company) on Form 10-Q for the period ended June 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Leland W. Brantley, Jr.,
Chief Financial Officer of the Company, do hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                               
|---------------------------------------------------------------
|/s/ Leland W. Brantley, Jr.                                    
|Leland W. Brantley, Jr. Chief Financial Officer August 12, 2005
**EXHIBIT 31.2****CERTIFICATION****PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**I, Brion Umidi, certify that:     1. I have reviewed this quarterly report on Form 10-Q/A of ReGen Biologics, Inc.;     2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report;     4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a — 15(e) and15d — 15(e)) for the registrant and have:     a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;     b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; and     c) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financial reporting; and     5. The registrant’s other certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions):     a) All significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and     b) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.Date:November 20, 2006         By:         /s/ BRION UMIDI    Name:  Brion Umidi    Title:  *Chief Financial Officer*
HIGHLAND BEACH CLUB CONDOMINIUM ASSOCIATION, INC., Appellant, v. Joel TODER, Marylin Toder, and Fred Toder, Appellees.

No. 4D17-57

District Court of Appeal of Florida, Fourth District.

[April 19, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
Exhibit
32.2




CERTIFICATION




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




(18
U.S.C. 1350)




Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), the
undersigned officer of Elephant Talk Communications, Inc., a California
corporation (the “Company”), does hereby certify, to the best of such officer’s
knowledge and belief, that:




(1)           The
Annual Report on Form 10-K for the year ended December 31, 2008 (the “Form
10-K”) of the Company 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 Form 10-K fairly presents, in all materials
respects, the financial condition and results of operations of the
Company.


Date:
      April 15, 2009
              
              /s/
      Mark NijeMark
      Nije, Chief Financial Officer


This certification shall not be deemed
“filed” for purposes of Section 18 of the Securities Exchange Act, or otherwise
subject to the liability of that section.  Such certification will not
be deemed to be incorporated by reference into any filing under the Securities
Act or the Securities Exchange Act.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Science Foundation

# ACTION:

Request change in published advisory committee meeting date; Corrected.

# SUMMARY:

                        The National Science Foundation (NSF) published a document in the                         **Federal Register**                         of November 26, 2021, concerning a 1-day, virtual advisory committee meeting for the Astronomy and Astrophysics Advisory Committee. The advisory committee meeting will no longer be held on February 22, 2022. Instead, the 1-day virtual session will be taking place on March 4, 2022.                    

# FOR FURTHER INFORMATION CONTACT:

                        Please contact Crystal Robinson                         *crrobins@nsf.gov*                         or 703-292-8687.                    

# SUPPLEMENTARY INFORMATION:

## Correction

                    In the                     **Federal Register**                     published November 26, 2021, in FR Doc. 2021-25778 (Filed 11-24-21), on page 67501, second column, Date and Time Section, please change the date to March 4, 2022; 12:00 p.m.—4:00 p.m. (VIRTUAL).                

Dated: February 7, 2022.

Crystal Robinson,

Committee Management Officer, National Science Foundation.

[FR Doc. 2022-02829 Filed 2-9-22; 8:45 am]

BILLING CODE 7555-01-P
Emil S. TROMPETER, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-413

District Court of Appeal of Florida, Fifth District.

Decision filed December 26, 2017 Rehearing Denied February 1, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
|                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|EXHIBIT 32.1
        SECTION 1350 CERTIFICATION
      Pursuant to 18 U.S.C. Section 1350, I, Steve Frickenstein, Chief Executive Officer of Breda Telephone
        Corp., certify that to my knowledge (i) Breda Telephone Corp.s Annual Report on Form 10-KSB
        for the fiscal year ended December 31, 2006 (the Report) 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 the Report fairly presents, in all material respects, the financial condition and results of operations
        of Breda Telephone Corp.

|                      |                                            
|--------------------- | -------------------------------------------
|Date:  March 28, 2007 |                                            
|                      | /s/ Steve Frickenstein                     
|                      |                                            
|                      | Steve Frickenstein, Chief Executive Officer

|E-3
|---
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

June 24, 2014

h0616 

# Order

Clerk June 24, 2014

148671

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 148671

COA: 319556

Oakland CC: 2012

- 240515

- FH

MARK DANIEL McCRACKEN,

Defendant

- Appellant.

____________________________________/

On order of the Court, the application for leave to appeal the January 17, 2014

order of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the question presented should be reviewed by this Court.
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

217 

CA 12-00964 

PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND MARTOCHE, JJ.

 

TODD R. GREENERT, PLAINTIFF, 

 

V ORDER

SALES ASSOCIATES OF WNY, LLC, ET AL., 

DEFENDANTS. 

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

SALES ASSOCIATES OF WNY, LLC, 

THIRD-PARTY PLAINTIFF-APPELLANT,

V

 

EDWARD H. DAVIS, JR., KATERI M. DAVIS 

AND JEFFREY PILGER, 

THIRD-PARTY DEFENDANTS-RESPONDENTS. 

(APPEAL NO. 1.) 

 

AUGELLO & MATTELIANO, LLP, BUFFALO (JOSEPH A. MATTELIANO OF COUNSEL),

FOR THIRD-PARTY PLAINTIFF-APPELLANT. 

WALSH ROBERTS & GRACE, BUFFALO (KEITH N. BOND OF COUNSEL), FOR

THIRD-PARTY DEFENDANTS-RESPONDENTS EDWARD H. DAVIS, JR. AND KATERI M.

DAVIS. 

 

Appeal from an order of the Supreme Court, Erie County (John F.

O’Donnell, J.), entered October 3, 2011. The order, among other

things, granted the motion of third-party defendants Edward H. Davis,

Jr. and Kateri M. Davis for summary judgment dismissing the

third-party complaint of third-party plaintiff Sales Associates of

WNY, LLC, against them. 

Now, upon reading and filing the stipulation discontinuing appeal

signed by the attorneys for the parties on October 16, 2013,

It is hereby ORDERED that said appeal is unanimously dismissed 

without costs upon stipulation.

All concur except MARTOCHE, J., who is not participating.

Entered: November 8, 2013 Frances E. Cafarell

Clerk of the Court
Susan GUTOWSKI, DOC #R50251, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-3164

District Court of Appeal of Florida, Second District.

Opinion filed March 28, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
**Exhibit
        10.7**
 **Employment
        Arrangements with Jeffrey A. Williams**
 
 America’s
        Car-Mart, Inc. (the “Company”) does not have a written employment agreement with
        Jeffrey A. Williams. Mr. Williams receives an annual salary of $175,000 per
        year
        and an expected quarterly bonus of $12,500. In addition, Mr. Williams is
        entitled to the following fringe benefits: use of a company car, cell phone
        service and health insurance for him and his family. Mr. Williams’ salary, bonus
        and fringe benefits are subject to adjustment at the discretion of the Company’s
        board of directors and price increases.
Maria AGUIRRE, Appellant/Petitioner(s), v. CENTERSTATE BANK OF FLORIDA, N.A., et al., Appellee/Respondent(s).

CASE NO.: 2D18-0085

District Court of Appeal of Florida, Second District.

March 14, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Natalie Wojcik

Direct Services Supervisor

Sitkans Against Family Violence

Sincerely,

Harris Air's services have been professional and convenient. We support their

efforts to increase their services and receive their Air Carrier Certificate.

Furthermore, when a victim of domestic violence or sexual assault from the villages

of Kake,Angoon or Port Alexander needs to leave for safety reasons and come to

Sitka, we flythem here through Harris Air. Without this service, it would be much

more challenging to provide immediate safety for victims of violence in the villages

SAFVserves.

As part of our rural outreach, we travel to the villages of Kake and Angoon to

provide support and education on the topics of domestic violence and sexual

assault We also provide support to the schools by givlng them resources to teach

children about safety and healthy relationships. We have heavily relied on Harris

Air as our means of transportation to get us to and from those villages in a timely

manner.

Sitkans Against Family Violence has been utilizing Harris Air's services for many

years to fly both staff members and clients of SAFV to and from the villages of Kake,

Angoon and Port Alexander.

September 3, 2014

P.O. Box 6136 • Sitka, Alaska 99835

(907) 747-3370. Fax 747-3450. Crisis Line 1-800-478-6511

SITKANS AGAINST FAMILY VIOLENCE
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Fox
Strategic Housing Income Partners 1997 Year-End 10-KSB and is qualified in its
entirety by reference to such 10-KSB filing.
</LEGEND>
<CIK> 0000800080
<NAME> FOX STRATEGIC HOUSING INCOME PARTNERS
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           4,968
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                          21,364
<DEPRECIATION>                                 (6,416)
<TOTAL-ASSETS>                                  20,056
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                          7,836
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      11,554
<TOTAL-LIABILITY-AND-EQUITY>                    20,056
<SALES>                                              0
<TOTAL-REVENUES>                                 3,281
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 3,175
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 921
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       106
<EPS-PRIMARY>                                     3.26<F2>
<EPS-DILUTED>                                        0
<FN>
<F1>Registrant has an unclassified balance sheet.
<F2>Multiplier is 1.
</FN>
        

</TABLE>
IN RE COMMITMENT OF Jesse HALEY.

Jesse Haley, Appellant, v. State of Florida, Appellee.

Case No. 2D16-5393

District Court of Appeal of Florida, Second District.

Opinion filed May 16, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Marc REGISME, Appellant, v. STATE of Florida, Appellee.

No. 4D17-984

District Court of Appeal of Florida, Fourth District.

[March 22, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Jovan DUNCAN, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-0724

District Court of Appeal of Florida, Second District.

March 21, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
EXHIBIT 23.1





            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We  consent  to  the incorporation by reference in the Registration Statement on
Form  S-8  (333-113305) of Nighthawk Systems, Inc. of our report dated March 11,
2005, except for Notes 8 and 9, as to which the date is April 12, 2005, relating
to  the  consolidated  financial  statements,  which  contains  an  explanatory
paragraph  that  describes  substantial  doubt  about  the  Company's ability to
continue  as a going concern, which appears on page F-1 of this annual report on
Form  10-KSB  for  the  year  ended  December  31,  2004.





GHP  HORWATH,  P.C.

Denver,  Colorado
April  15,  2005
Collapse All
Jeremiah James NOE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-363

District Court of Appeal of Florida, Fifth District.

Decision filed February 27, 2018 Rehearing and Rehearing En Banc Denied April 13, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Kosta N. Kartsotis, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to my knowledge, the Quarterly Report of Fossil, Inc. on Form 10-Q for the quarter ended April 3, 2010, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934 and that information contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of Fossil, Inc.



|                   |  |  |  |        |  |                        
|------------------ |  |  |  | ------ |  | -----------------------
|Date: May 13, 2010 |  |  |  | By:    |  | /s/ Kosta N. Kartsotis 
|                   |  |  |  | Name:  |  | Kosta N. Kartsotis     
|                   |  |  |  | Title: |  | Chief Executive Officer

The foregoing
certification is being furnished as an exhibit to the Form 10-Q pursuant to Item 601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of
Title 18, United States Code) and, accordingly, is not being filed as part of the Form 10-Q for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not incorporated by reference into any filing of the Company,
whether made before or after the date hereof, regardless of any general incorporation language in such filing.