alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Patrick Biglin, Appellant, v Lorraine Biglin, Respondent.

[767 NYS2d 789]—

In an action for a divorce and ancillary relief, the plaintiff appeals (1) from stated portions of a judgment of the Supreme Court, Suffolk County (Pines, J.), entered October 15, 2002, which, inter alia, denied his application for child support, and limited to 10% his award of equitable distribution of the defendant’s enhanced earning capacity, and (2), as limited by his brief, from so much of a qualified domestic relations order of the same court dated January 15, 2003, as assigned to the de*381fendant a 50% share of the balance of his 401 (K) plan as of December 31, 1994, together with earnings on the plan from December 31, 1994, until the time the benefits are distributed to the defendant.

Ordered that on the Court’s own motion, the appellant’s notice of appeal from the qualified domestic relations order is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements; and it is further,

Ordered that the qualified domestic relations order is modified, on the law, by deleting from the third decretal paragraph thereof the words “from December 31, 1994, until the benefits are distributed to Alternate Payee”; as so modified, the qualified domestic relations order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court providently exercised its discretion in awarding the plaintiff 10% of the defendant’s enhanced earning capacity *(see Farrell v Cleary-Farrell,*306 AD2d 597 [2003]; *Vora v Vora,*268 AD2d 470 [2000]).

The qualified domestic relations order (hereinafter the QDRO) executed by the Supreme Court is inconsistent with the amended decision and the judgment upon which the QDRO was based. Both the amended decision and the judgment specifically provided that the defendant was entitled to 50% of that portion of the value of the plaintiffs 401 (K) plan earned between April 26, 1980, and December 31, 1994. However, the QDRO provided that the defendant’s portion of the 401 (K) plan was to be adjusted for earnings from December 31, 1994, until the date the benefits were distributed to the defendant. Therefore, as the QDRO conflicts with the amended decision and the judgment upon which it was based, the amended decision and the judgment control, and the QDRO must be modified accordingly *(see Pauk v Pauk,*232 AD2d 386 [1996]; *Di Prospero v Ford Motor Co.,*105 AD2d 479 [1984]; *see also*Siegel, NY Prac § 250, at 404 [3d ed]).

The plaintiff’s remaining contention is without merit. Santucci, J.P., McGinity, Schmidt and Adams, JJ., concur.
No. 85-1769.

#### Proctor et al. *v.*United States.

C. A. 9th Cir. Certiorari denied.
No. 12-278.

#### Marceau et al. *v.*Blackfeet Housing Authority et al.

C. A. 9th Cir. Certiorari denied.

Justice Kagan took no part in the consideration or decision of this petition.
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|View History:  Monthly  Annual Download Data (XLS File)                                 
|View History:  Monthly  Annual                                                           
|View History:  Monthly  Annual                                                           
|View History:                                                                            
|                                                                                         
|Cameron (Calcasieu Pass), LA Liquefied Natural Gas Exports to Panama (Million Cubic Feet)
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|Cameron (Calcasieu Pass), LA Liquefied Natural Gas Exports to Panama (Million Cubic Feet)
|                                                                                         

|Year                                                                                                                              | Jan   | Feb | Mar | Apr | May | Jun | Jul | Aug | Sep | Oct | Nov | Dec
|--------------------------------------------------------------------------------------------------------------------------------- | ----- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | ---
|2022                                                                                                                              |       |     |     | 759 |     |     |     |     |     |     |     |    
|2023                                                                                                                              |       |     |     |     |     |     |     |     |     |     |     | 328
|2024                                                                                                                              | 3,677 |     |     |     |     |     |     |     |     |     |     |    
|                                                                                                                                 
|- = 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
No. 12-7462.

#### Nwankwoala *v.*United States.

C. A. 4th Cir. Certiorari denied.
```
**Exhibit 99

   Certification Required Under Section 906 of the Sarbanes-Oxley Act of 2002**

        The undersigned hereby certify that, to the best of his knowledge, based
upon his review of the Quarterly Report on Form 10-QSB/A for the quarter ended
October 31, 2002, of Miller Industries, Inc. (the "Report"), that:

(1)      the Report fully complies with the requirements of Section 13(a) or
         Section 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
         Registrant as of and for the periods presented in the Report.

Dated:   July 9, 2003         By:     /s/  Angelo Napolitano
                                      ------------------------------------------
                                           Angelo Napolitano
                                           President and Chief Financial Officer
                                           (Principal Executive Officer)
```
|   | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------|

|   | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Mexco Energy Corporation as of the dates and for periods presented as required by such Report. |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  August 14, 2009 | /s/ Nicholas C. Taylor  |
|----------------------------------|-------------------------|
|                             | Nicholas C. Taylor      |
|                             | Chief Executive Officer |
|                             |                    |
|                             |                    |
| Date:  August 14, 2009 | /s/ Tamala L. McComic   |
|                             | Tamala L. McComic       |
|                             | Chief Financial Officer |
|                                                          
|----------------------------------------------------------
|                                                          
|View History:  Monthly  Annual Download Data (XLS File)  
|View History:  Monthly  Annual                            
|View History:  Monthly  Annual                            
|View History:                                             
|                                                          
|Liquefied U.S. Natural Gas Re-Exports (Million Cubic Feet)
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|Liquefied U.S. Natural Gas Re-Exports (Million Cubic Feet)
|                                                          

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2010's                                                                                                                            |        |        | 0      | 2,725  | 2,664  | 11,625 | 2,591  | 422    | 0      | 526   
|2020's                                                                                                                            | 3,019  | 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
No. 12-7437.

#### Jones *v.*Murphy, Warden.

C. A. 2d Cir. Cer-tiorari denied.
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|View History:  Monthly  Annual Download Data (XLS File)                        
|View History:  Monthly  Annual                                                  
|View History:  Monthly  Annual                                                  
|View History:                                                                   
|                                                                                
|Northeast Gateway Liquefied Natural Gas Imports From France (Million Cubic Feet)
|                                                                                
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|Northeast Gateway Liquefied Natural Gas Imports From France (Million Cubic Feet)
|                                                                                

|Year                                                                                                                              | Jan   | Feb | Mar | Apr | May | Jun | Jul | Aug | Sep | Oct | Nov | Dec
|--------------------------------------------------------------------------------------------------------------------------------- | ----- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | ---
|2019                                                                                                                              | 2,651 |     |     |     |     |     |     |     |     |     |     |    
|                                                                                                                                 
|- = 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
#### In the Matter of Daniel Shakespeare Corp., Respondent, v Incorporated Village of Hempstead, Appellant.

[770 NYS2d 397]

In a proceeding to recover damages for a permanent taking of real property, the appeal is from an order and judgment (one paper) of the Supreme Court, Nassau County (McCabe, J.), entered October 31, 2002, which awarded the petitioner an additional allowance pursuant to EDPL 701 of $56,310.03, consisting of $45,000 in counsel fees, $2,310.03 in costs and disbursements awarded to the appellant on a prior appeal, and $8,750 in appraisal fees.

Ordered that the order and judgment is modified, on the law and as a matter of discretion, by deleting therefrom the provi*854sions awarding the petitioner $45,000 in counsel fees and $2,310.03 in costs and disbursements awarded to the appellant on a prior appeal and substituting therefor a provision awarding the petitioner $25,000 in counsel fees; as so modified, the order and judgment is affirmed, without costs or disbursements.

EDPL 701 “requires two determinations: first, whether the award is ‘substantially in excess of the amount of the condemnor’s proof’ and second, whether the court deems the award necessary ‘for the condemnee to achieve just and adequate compensation’ ” *(Hakes v State of New York,*81 NY2d 392, 397 [1993]). When both tests are satisfied, the court, in its discretion, may award reasonable fees *(see Hakes v State of New York, supra).*The appellant Incorporated Village of Hempstead concedes that the condemnation award was substantially in excess of the amount of the condemnor’s proof and therefore that the first prong of the test was satisfied.

On a prior appeal to this Court in this proceeding, this Court awarded the Village costs and disbursements payable by the petitioner *(see Matter of Shakespeare Co. v Incorporated Vil. of Hempstead,*275 AD2d 370 [2000]). Those costs and disbursements amount to $2,310.03. So much of the order and judgment appealed from as awards the petitioner that sum is contrary to the prior decision and order of this Court and must be set aside.

With respect to counsel fees, the petitioner’s attorney acknowledged that there was “a retainer agreement entered into at the outset of this proceedings,” but did not provide a copy of the agreement or its terms other than to state that “[t]he agreed upon fee . . . is $45,000.” The record in this case is insufficient to award the full $45,000 demanded. We further note that while the appellant substantially undervalued the property, the petitioner’s appraiser substantially overvalued the property. Under the circumstances of this case, an award of $25,000 in counsel fees is reasonable *(see Matter of City of Yonkers v Celwyn Co.,*221 AD2d 437 [1995]; *Matter of Town of Islip v Sikora,*220 AD2d 434 [1995]; *Frishro Enters. v State of New York,*145 Misc 2d 397 [1989]).

We affirm so much of the order and judgment as awarded appraisal fees of $8,750, since there is no basis in the record to set aside the award *(see Matter of New York Convention Ctr. Dev. Corp.,*234 AD2d 167, 168 [1996]). Altman, J.P., Krausman, Goldstein and Mastro, JJ., concur.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON REHEARING

Appellate case name: R3build Construction Services, LLC v. Brian Drayden and Debraeyia 

Drayden

Appellate case number: 01-20-00144-CV

Trial court case number: 1093009

Trial court: County Civil Court at Law No. 3 of Harris County, Texas

Appellant, R3build Construction Services, LLC, has filed a “Motion to Reinstate and/or 

Extend Time to File Brief.” Appellant requests an extension of time to file its appellate brief and 

“that this matter be reinstated or that any dismissal be vacated.” We grant appellant’s request for 

rehearing, withdraw our June 18, 2020 opinion and judgment, and reinstate this case on the Court’s 

active docket. See Twenty-Sixth Emergency Order Regarding The COVID-19 State of Disaster, 

Misc. Docket No. 20-9112 (Tex. September 18, 2020), available

at https://www.txcourts.gov/media/1449738/209112.pdf (last visited September 28, 2020).

We ORDER appellant, within 15 days of the date of this order, to provide written 

evidence from the trial court clerk showing that it has paid or made arrangements to pay for the 

preparation of the clerk’s record, or the appeal will be dismissed. See TEX. R. APP. P. 35.3(a)(2), 

37.3(b).

Absent extraordinary circumstances, no extensions of time for providing proof of payment 

for the clerk’s record will be granted.

We dismiss appellant’s request for an extension of time to file its brief. See TEX. R. APP.

P. 38.6(a).

It is so ORDERED.

Judge’s signature: ________/s/ Julie Countiss________________

 Acting for the Court

Panel consists of Justices Goodman, Landau, and Countiss.

Date: October 13, 2020
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6852
FRANK ARNOLD NESBITT, Plaintiff - Appellant, versus NORMAN H. MEYER, JR.; JOHN L. MAHONEY, Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, District Judge. (CA-96-696-AM) Submitted: October 17, 1996 Decided: October 24, 1996 Before MURNAGHAN and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Frank Arnold Nesbitt, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1971). 2 PER CURIAM: Appellant appeals from the district court's order dismissing his Bivens * complaint under 28 U.S.C. § 1915(d) (1994), amended by Prison Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321. We have reviewed the record and the district court's opinion and find no reversible error. Although court clerks are not generallyentitled to immunity for their ministerial duties, McCray v. Maryland, 456 F.2d 1, 4 (4th Cir. 1972), Appellant's claim of negligence in the clerk's execution of his duties is not cognizable as a constitutional wrong. Daniels v. Williams , 474 U.S. 327 (1986). Accordingly, we affirm the district court's order. We dispense withoral argument because the facts and legal contentions are adequately presented in the materials before the court and argument wouldnot aid the decisional process. Appellant's motion to file an informal brief is granted.

AFFIRMED
Exhibit 10.26

November 9, 2009

Compensation Committee of

The Board of Directors

Taylor Capital Group, Inc.

9550 West Higgins Road

Rosemont, IL
60018



|RE: | Voluntary Reduction in Compensation (Continuation)
|--- | --------------------------------------------------

Dear Fellow Board Members,

As you know, we have engaged in aggressive cost-cutting efforts at all levels of our organization in
response to the continuing challenging economic conditions. These initiatives have led to significant savings and thereby enhanced our ability to preserve capital and execute on our growth strategy.

With your oversight, management has specifically focused on ways in which to reduce our overall compensation expense. As part of our efforts in this area, I
have evaluated my own compensation and believe that it would be appropriate for me to forego certain elements of my compensation until market conditions and our performance improves. To that end, I hereby offer and agree to forego my auto allowance
and reimbursements for country club expenditures (with the exception of expenses directly associated with customer events).

I am requesting
that you re-evaluate these voluntary reductions of compensation each fiscal quarter after TCGI achieves a positive net income available to common shareholders.

Thank you for your continued leadership and please let me know if you have any questions or would like to discuss this matter further.



|                 
|-----------------
|Very truly yours,
|                 
|/s/ Mark A. Hoppe
|Mark A. Hoppe    
|President and CEO
No. 12-6879.

#### Kiskila et ux. *v.*United States.

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:                                                      
|                                                                   
|Virginia Natural Gas Supplemental Gas - Other  (Million Cubic Feet)
|                                                                   
|                                                                   
|Virginia Natural Gas Supplemental Gas - Other  (Million Cubic Feet)
|                                                                   

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2000's                                                                                                                            |        |        |        |        |        | 0      | 4      | 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
No. 12-7885.

#### Morrow *v.*United States.

C. A. 2d Cir. Cer-tiorari denied.
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 22-0041

_________________

STATE OF MONTANA,

 Plaintiff and Appellee,

 v.

JAMES MICHAEL PARKER,

 Defendant and Appellant.

O R D E R

_________________

Upon consideration of Appellant’s unopposed motion for extension of time and good cause 

appearing, 

IT IS HEREBY ORDERED that Appellant is granted an extension of time to and 

including February 27, 2023, within which to prepare, file, and serve Appellant’s opening 

brief. 

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

January 19 2023

01/19/2023

Case Number: DA 22-0041