alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Felix GUTIERREZ-MARTINEZ, Defendant-Appellant

No. 15-10610 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Date Filed: 11/29/2016

*883James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee

Felix Gutierrez-Martinez, Pro Se

Before REAVLEY, OWEN, and ELROD, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Felix Gutierrez-Martinez has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir. 2011). Gutierrez-Martinez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel, is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
#### In the Matter of Artis L. Beatty, Petitioner, v H. Carl McCall, as State Comptroller, Respondent.

[769 NYS2d 919]

Crew III, J.P.

Proceeding pursuant to CPLR article 78 (transferred to this Court by the order of the Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner’s application for accidental disability retirement benefits.

Petitioner, a former parole officer, filed an application for accidental disability retirement benefits based upon injuries to his wrist, back, neck and elbow, which allegedly were sustained during the course of five separate job-related incidents occurring between 1978 and 1997. Following a hearing and redetermination, respondent denied petitioner’s application finding, insofar as is relevant to this proceeding, that petitioner had failed to demonstrate that he was permanently incapacitated from the performance of his duties as a parole officer as a result of the accident that occurred in 1996. Petitioner thereafter commenced this proceeding pursuant to CPLR article 78 seeking to annul respondent’s determination.

Petitioner, as so limited by his brief, contends only that respondent erred in concluding that he was not permanently incapacitated from the performance of his duties as a parole officer based upon the injuries sustained during the course of the 1996 job-related accident.* We cannot agree. Although petitioner’s *715treating physician indeed opined that petitioner no longer could perform the usual and customary duties of his position, the board-certified orthopedic surgeon who evaluated petitioner on behalf of the New York State and Local Employees’ Retirement System reached a contrary conclusion, testifying that the results of his examinations of petitioner revealed no orthopedic abnormalities that would preclude petitioner from performing the duties of a parole officer. The conflict between these competing expert opinions and other medical evidence in the record simply presented a credibility issue for respondent to resolve *(see Matter of Decker v McCall,*305 AD2d 782, 783 [2003], *lv denied*100 NY2d 512 [2003]). As respondent’s determination in this regard is supported by substantial evidence in the record as a whole, it will not be disturbed.

Peters, Spain, Rose and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

*

 In this regard, petitioner does not challenge respondent’s finding that he failed to give timely notice as to the 1978, 1979 or 1987 incidents or that the 1997 incident did not qualify as an “accident.” Accordingly, we deem these issues to be abandoned (see *Matter of De Carolis v McCall,*272 AD2d 824 [2000]).
#### Ditko Appeal.

Argued. April 20, 1956.

Before Stern, C. J., Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

*436
      *Samuel*Gorson, with him *Albert S. Readinger*and *Samuel R.*Liever, for appellant.

*Robert F.*Shapiro, Assistant City Solicitor, with him *G. Wilson*Austin, City Solicitor, for appellee.

June 25, 1956:

Opinion

Per Curiam,

The order entered in the Conrt below is affirmed on the Opinion of Judge Warren K. Hess.
Scott Thomas GOLDING, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-4371

District Court of Appeal of Florida, Second District.

Opinion filed May 9, 2018

Howard L. Dimmig, II, Public Defender, and Maureen E. Surber, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Affirmed.

VILLANTI, MORRIS, and ATKINSON, JJ., Concur.
EX PARTE Jonathan Wayne GREEN

CR-16-0540

Court of Criminal Appeals of Alabama.

June 9, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Certiorari pet. dismissed.
Christopher RUSSELL, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-3155

District Court of Appeal of Florida, Second District.

Opinion filed March 16, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Andrew J. EDSTROM v. Heather EDSTROM

2160077

Court of Civil Appeals of Alabama.

April 21, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.