alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jeannie Mackler et al., Appellants, v Thomas Burke, Respondent.

[767 NYS2d 898]

In an action, inter alia, to recover upon a personal guaranty, the plaintiffs appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Westchester County (Colabella, J.), entered May 30, 2002, as granted that branch of the defendant’s motion for summary judgment which was to dismiss the first cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

On July 9, 1987, the plaintiff Bernard Mackler, through his employee-defined benefit plan and at the recommendation of the defendant Thomas Burke, invested $75,000 in a bond offering sponsored by the Jim Waters Corp. (hereinafter JWC). In a “Guaranty Note” signed on July 30, 1987, Burke promised to pay Mackler for any loss sustained to the principal of the investment, limited to 50% of the $75,000 and payable over a five-year period. In 1989 Mackler executed a waiver of default in favor of JWC in return for, inter alia, an increased interest rate on his investment. Thereafter, Mackler accepted a a promissory note dated September 1, 1990, from JWC, in which JWC agreed to pay Mackler $75,000 over a 15-month period. As part of the agreement, Mackler executed a general release in favor of JWC “for all rights under an unsecured variable rate note agreement dated June 15, 1987.” After JWC filed for reorganization under chapter 11 of the 1978 Bankruptcy Code (11 USC), the plaintiffs commenced this action against Burke, seeking to recover, inter alia, a balance of $49,375 allegedly due on the guaranty note. The defendant successfully moved for summary judgment dismissing, inter alia, the first cause of action regarding the guaranty note. The Supreme Court found that Burke’s promise to pay was limited to the original promissory note dated June 15, 1987, so that Mackler’s general release of JWC had the effect of releasing Burke as well.

“A guarantor’s obligation cannot be altered without its consent; if the original note is modified without its consent, a guarantor is relieved of its obligation” *(White Rose Food v Saleh,*99 NY2d 589, 591 [2003]; *see Bier Pension Plan Trust v Estate of Schneierson, 74*NY2d 312, 315 [1989]).

The 1989 waiver of default executed by Mackler amounted to *506a modification of the terms of his original agreement with JWC. Further, the record established that Mackler executed the waiver against the express recommendations of the defendant. Consequently, the new agreement relieved the defendant of his obligations under the guaranty *(see White Rose Food v Saleh, supra; Bier Pension Plan Trust v Estate of Schneierson, supra; Geiger v ENAP, Inc.,*264 AD2d 755, 756 [1999]).

We do not need to reach the issue of the effect of the later substitution in 1990 of a new promissory note for the original variable rate note. Altman, J.P., Smith, Friedmann and Crane, JJ., concur.
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|View History: Annual Download Data (XLS File)                                           
|View History: Annual                                                                     
|View History: Annual                                                                     
|View History:                                                                            
|                                                                                         
|Colorado Natural Gas % of Total Commercial Delivered for the Account of Others  (Percent)
|                                                                                         
|                                                                                         
|Colorado Natural Gas % of Total Commercial Delivered for the Account of Others  (Percent)
|                                                                                         

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|1980's                                                                                                                            |        |        |        |        |        |        |        |        |        | 2.7   
|1990's                                                                                                                            | 2.7    | 4.0    | 4.5    | 4.5    | 5.2    | 5.8    | 6.8    | 7.2    | 5.7    | 2.5   
|2000's                                                                                                                            | 2.6    | 4.4    | 4.7    | 4.7    | 5.3    | 4.8    | 4.6    | 4.3    | 4.8    | 5.2   
|2010's                                                                                                                            | 5.4    | 6.2    | 7.8    | 5.3    | 5.5    | 5.4    | 5.7    | 6.0    | 5.9    | 5.9   
|2020's                                                                                                                            | 5.7    | 5.8    | 5.8    |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
#### The People of the State of New York, Respondent, v Julio Carrillo, Appellant.

[768 NYS2d 326]

Judgment, Supreme Court, New York County (John Cataldo, J.), rendered September 10, 2002, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s contention that the court erred in enhancing his bargained-for sentence without conducting a sufficient inquiry to determine the validity of his postplea arrest is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the sentencing enhancement was proper *(see People v Outley,*80 NY2d 702, 713-714 [1993]). Concur—Nardelli, J.P., Saxe, Friedman, Marlow and Gonzalez, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED STATEMENT OF EARNINGS AND THE CONSOLIDATED BALANCE SHEETS AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                             192
<SECURITIES>                                         0
<RECEIVABLES>                                   18,741
<ALLOWANCES>                                       672
<INVENTORY>                                      7,977
<CURRENT-ASSETS>                                88,595
<PP&E>                                         677,836
<DEPRECIATION>                                 347,981
<TOTAL-ASSETS>                                 438,423
<CURRENT-LIABILITIES>                           48,659
<BONDS>                                        148,620
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                     165,531
<TOTAL-LIABILITY-AND-EQUITY>                   438,423
<SALES>                                              0
<TOTAL-REVENUES>                               194,671
<CGS>                                                0
<TOTAL-COSTS>                                  160,496
<OTHER-EXPENSES>                                10,651
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               7,470
<INCOME-PRETAX>                                 16,054
<INCOME-TAX>                                     5,798
<INCOME-CONTINUING>                             10,256
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  1,362
<CHANGES>                                            0
<NET-INCOME>                                    11,618
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit
(32.2)






CERTIFICATION
OF THE CHIEF FINANCIAL OFFICER


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


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002











The undersigned officer hereby
certifies as to the Report on Form 10-Q of Met-Pro Corporation for the fiscal
quarter ended April 30, 2008, that (i) 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 Met-Pro
Corporation.











Dated:  June
      3, 2008
            
            /s/
      Gary J. MorganGary
      J. MorganSenior
      Vice President and Chief Financial
Officer
No. 12-7007.

#### Andrews *v.*Jarvis, Warden.

C. A. 11th Cir. Certiorari denied.
Exhibit 32.2








Certification Pursuant to 18 U.S.C. Section 1350


(Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)








In connection with the Quarterly Report on Form 10-Q of McMoRan Exploration Co. (the “Company”) for the quarter ending June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Nancy D. Parmelee, as Senior Vice President, Chief Financial Officer and Secretary of the Company,
hereby certifies, pursuant to 18 U.S.C.    § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of her knowledge:





(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.








Dated:  August 7, 2009By:  /s/  Nancy D. ParmeleeNancy D. ParmeleeSenior Vice President, Chief FinancialOfficer & Secretary





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.





This certification shall not be deemed filed by the Company for purposes of § 18 of the Securities Exchange Act of 1934, as amended.
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|View History: Annual Download Data (XLS File)                                      
|View History: Annual                                                                
|View History: Annual                                                                
|View History:                                                                       
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|No chart available.                                                                 
|No chart available.                                                                 
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|Arkansas Natural Gas Underground Storage Salt Caverns Capacity  (Million Cubic Feet)
|                                                                                    

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|1990's                                                                                                                            |        |        |        |        |        |        |        |        |        | 0     
|2000's                                                                                                                            | 0      | 0      | 0      | 0      |        | 0      |        |        |        |       
|2010's                                                                                                                            |        |        | 0      |        | 0      | 0      |        | 0      | 0      | 0     
|2020's                                                                                                                            | 0      | 0      | 0      |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
|  |  |
|--|--|

**EXHIBIT31.1**

**§ 302 CERTIFICATION**

I, ChristopherConway, certify that:

1.   Ihave reviewed this quarterly report onForm 10-Q of Mentor Corporation;

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

3.    Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4.    Theregistrant's other certifying officer(s) and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

(a)   Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

(b)   Evaluatedthe effectiveness of the registrant's disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport, based on such evaluation; and

(c)   Disclosedin this report any change in the registrant's internal control over financialreporting that occurred during the registrant's most recent fiscal quarter (theregistrant's fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant's internal control over financial reporting.

5.   Theregistrant's other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant's auditors and the audit committee of the registrant's board ofdirectors (or persons performing the equivalent function):

(a)  Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant's ability to record, process, summarize andreport financial information; and

(b)  Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant's internal control over financialreporting.

Date:  August 13, 2003                                                   /S/CHRISTOPHERJ. CONWAY                                                                                    Christopher J.Conway                                                                                    Presidentand Chief Executive Officer                                                                                   (Principal Executive Officer)
EXHIBIT
32.2





SECTION
1350 CERTIFICATION





Pursuant
to 18 U.S.C. Section 1350, I, Kim Supercynski, Chief Financial Officer of
Lincolnway Energy, LLC, certify that to my knowledge (i) Lincolnway Energy,
LLC's Annual  Report on Form 10-K for the fiscal year ended September
30, 2009 (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 Lincolnway Energy, LLC.





Date:  December
22, 2009





/s/ Kim SupercynskiKim
      Supercynski, Chief Financial
Officer





[A signed
original of this written statement has been provided to Lincolnway Energy, LLC
and will be retained by Lincolnway Energy, LLC and furnished to the Securities
and Exchange Commission or its staff upon request.]


E-35
No. 12-6701.

#### Williams *v.*United States.

C. A. 6th Cir. Certiorari denied.
No. 12-6688.

#### Ben-Sholom *v.*Ayers, Warden.

C. A. 9th Cir. Certiorari denied.
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|View History: Annual Download Data (XLS File)                                          
|View History: Annual                                                                    
|View History: Annual                                                                    
|View History:                                                                           
|                                                                                        
|Michigan Natural Gas Number of Residential Consumers - Transported  (Number of Elements)
|                                                                                        
|                                                                                        
|Michigan Natural Gas Number of Residential Consumers - Transported  (Number of Elements)
|                                                                                        

|Decade                                                                                                                            | Year-0  | Year-1  | Year-2  | Year-3  | Year-4  | Year-5  | Year-6  | Year-7  | Year-8  | Year-9 
|--------------------------------------------------------------------------------------------------------------------------------- | ------- | ------- | ------- | ------- | ------- | ------- | ------- | ------- | ------- | -------
|1990's                                                                                                                            |         |         |         |         |         |         |         | 3,707   | 4,235   | 42,017 
|2000's                                                                                                                            | 51,768  | 38,657  | 110,716 | 128,942 | 105,568 | 115,085 | 127,378 |         |         |        
|2010's                                                                                                                            | 199,918 | 207,388 | 221,340 | 230,034 | 207,492 | 197,362 | 195,989 | 185,028 | 177,566 | 173,128
|2020's                                                                                                                            | 157,335 | 149,218 | 118,535 |         |         |         |         |         |         |        
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
| (1) | The Report fully complies with the requirements of Section 13 (a) of 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C. §78o(d)); 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/ Jose Mir             |         |
|---------------|--------------------------|--------------|
| July 20, 2011 |           |    |
|          | Jose Mir                 |         |
|          | President                |         |
|          |                     |         |
|          | /s/ Frank D. Benick      |         |
| July 20, 2011 |      |         |
|          | Frank D. Benick          |         |
|          | Chief Financial Officer  |         |

----