alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Epstein Engineering, P.C., Appellant, v Thomas Cataldo et al., Respondents.

[51 NYS3d 395]

Order, Supreme Court, New York County (George J. Silver, J.), entered October 8, 2015, which, insofar as appealed from as limited by the briefs, denied plaintiff’s motion for partial summary judgment on the issue of liability on its second through fifth causes of action alleging breach of fiduciary duty and the duty of loyalty, unfair competition, conversion, and fraud, unanimously affirmed, without costs.

The motion court properly denied plaintiff’s motion for summary judgment on its second cause of action for breach of the fiduciary duty of loyalty. Even assuming that plaintiff has established that defendants were disloyal in operating a competing business while employed by plaintiff, plaintiff has failed to establish that defendants usurped any corporate opportunity, by showing that it was seeking any of defendants’ allegedly competing projects, or that its survival was jeopardized *412by its failure to acquire any of those projects (see Lee *v Manchester Real Estate & Constr., LLC,*118 AD3d 627, 628 [1st Dept 2014]; *Alexander & Alexander of N.Y. v Fritzen,*147 AD2d 241, 246-247 [1st Dept 1989]).

In light of plaintiff’s argument that defendants’ “disloyal conduct also requires findings of liability for [plaintiff’s] other causes of action,” and since plaintiff does not posit any independent damages for any of those claims, summary judgment was also properly denied as to plaintiff’s remaining claims for unfair competition, conversion, and fraud (see *e.g. Perez v Violence Intervention Program,*116 AD3d 601, 602 [1st Dept 2014], *lv denied*25 NY3d 915 [2015]). In any event, plaintiff failed to establish entitlement to summary judgment as to any of those claims.

We have considered plaintiff’s remaining contentions, and find them unavailing.

Concur—Sweeny, J.P., Mazzarelli, Moskowitz and Kahn, JJ.
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|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
# L_2011268EN.01001601.xml

| 13.10.2011 | EN | Official Journal of the European Union | L 268/16 |
| --- | --- | --- | --- |

13.10.2011

EN

Official Journal of the European Union

L 268/16

---

COUNCIL DECISION

of 10 October 2011

appointing a German member of the European Economic and Social Committee

(2011/673/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,

Having regard to the proposal of the German Government,

Having regard to the opinion of the European Commission,

Whereas:

| (1) | On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1). |
| --- | --- |

(1)

On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

| (2) | A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Thomas ILKA, |
| --- | --- |

(2)

A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Thomas ILKA,

HAS ADOPTED THIS DECISION:

Article 1

Dr Sabine HEPPERLE, Leiterin der Vertretung des DIHK bei der EU is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 10 October 2011.

For the Council

The President

A. KRASZEWSKI

---

(1)  
  OJ L 251, 25.9.2010, p. 8.

1

---
# L_2010044EN.01001001.xml

| 19.2.2010 | EN | Official Journal of the European Union | L 44/10 |
| --- | --- | --- | --- |

19.2.2010

EN

Official Journal of the European Union

L 44/10

---

COMMISSION REGULATION (EU) No 140/2010

of 18 February 2010

granting no export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 164(2), in conjunction with Article 4, thereof,

Whereas:

| (1) | Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a standing invitation to tender procedure. |
| --- | --- |

(1)

Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a standing invitation to tender procedure.

| (2) | Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate not to grant any refund for the tendering period ending on 16 February 2010. |
| --- | --- |

(2)

Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate not to grant any refund for the tendering period ending on 16 February 2010.

| (3) | The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair, |
| --- | --- |

(3)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

HAS ADOPTED THIS REGULATION:

Article 1

For the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 16 February 2010, no export refund shall be granted for the product and destinations referred to in point (c) of Article 1 and in Article 2 respectively of that Regulation.

Article 2

This Regulation shall enter into force on 19 February 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 February 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 168, 28.6.2008, p. 20.

2

(3)  
  OJ L 325, 11.12.2007, p. 69.

3

---
# DSCC Highlights National Preparedness Month Activities

/ Published Oct. 3, 2019
COLUMBUS, Ohio, 
                Active Shooter Exercise                            A key activity this year was an Active Shooter exercise that included participation by numerous SWAT officers from the cities of Whitehall and Reynoldsburg.            SHARE IMAGE:Download ImageImage DetailsPhoto By: Charles MorrisVIRIN: 191001-D-AA123-112The Security Operations Branch, Security & Emergency Services Division, DLA Installation Management Columbus planned and coordinated participation in numerous events and activities as part of National Preparedness Month during the month of September.  The goal was to provide information to installation employees to make them better prepared for emergencies at home, at work and in the community. 

The theme for 2019 was “Prepared, not Scared.”

A key activity this year was an Active Shooter exercise that included participation by numerous SWAT officers from the cities of Whitehall and Reynoldsburg.  Their participation was possible because of a recently signed “Memorandum of Agreement.”  These officers were also provided with orientation tours of our two hi-rise buildings, 20 and 21, to gain familiarity with their layout to be better prepared in case they need to respond to these locations.     

Other events included displays in the cafeterias of Bldg. 20 (primarily DLA) and Bldg. 21 (DFAS), as well as at the Child Development Center.  These displays included the distribution of numerous emergency preparedness pamphlets and brochures to assist personnel in their individual preparedness planning.  Additionally, the Installation Emergency Manager and Emergency Managers from DLA Land and Maritime and DFAS were on hand to discuss preparedness issues with associates.                DLA Land and Martime Associates Participate in Preparedness Fair                            .            SHARE IMAGE:Download ImageImage DetailsPhoto By: Charles MorrisVIRIN: 191001-D-AA123-201

All personnel are encouraged to prepare “Now!” 

At home, develop a Family Emergency and Communication Plan and discuss it with all family members.  Additional information is available from the Installation Emergency Manager at 614-692-9578 or at the FEMA website **https://www.ready.gov/**.

At work, learn what to do for different emergencies by becoming familiar with your organization’s emergency action plan.  Download the AtHoc mobile app to receive alerts.  The mobile app has three advantages over other devices were alerts are received.  The app does not require any Personally Identifiable Information, the alerts typically arrive sooner and the alerts are in an easy to read format.   The following website provides information on downloading the mobile app.  Mobile App Link.

Wherever you are, become aware of your surroundings and where exits are.  If you “See Something, Say Something.”  Do not ignore suspicious activity.  Report it to the proper authorities.
#### In the Matter of Stoney Harrison, Appellant, v Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

[768 NYS2d 856]

— Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered October 22, 2002 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating the prison disciplinary rules prohibiting inmates from possessing outdated medication, engaging in unauthorized exchanges and failing to comply with a hearing disposition. A search of petitioner’s cell was conducted as part of an investigation into allegations that he was receiving commissary items from another inmate at a time when he had lost his commissary privileges as a punishment for previous disciplinary rule violations. The cell search disclosed 21 containers of medication with expiration dates that had passed and 32 food items identified as having come from the facility’s commissary. At his disciplinary hearing, petitioner pleaded guilty with an explanation to the charges of possessing outdated medication and unauthorized exchange. Petitioner’s CPLR article 78 proceeding challenging the determination against him was dismissed by Supreme Court, giving rise to this appeal.

Petitioner argues that the finding of unauthorized exchange is not supported by substantial evidence. Inasmuch as he raises this contention for the first time on this appeal, however, it has not been preserved for our review *(see Matter of Foreman v Goord,*302 AD2d 817, 817 [2003]; *Matter of Wells v Selsky,*282 AD2d 799, 800 [2001]). In any event, having pleaded guilty to this charge at his disciplinary hearing, petitioner is precluded from challenging the determination of his guilt on the basis *1233that substantial evidence did not support the charge *(see Matter of Cendales v Goord,*305 AD2d 824, 824 [2003]; *Matter of Pinkney v Goord,*302 AD2d 820, 821 [2003]).

We are similarly unpersuaded by petitioner’s contention that the charges filed against him should have been reviewed in a tier II rather than a tier III disciplinary proceeding. Moreover, this Court will not substitute its judgment for that of the “review officer” whose job it is to evaluate and categorize each case *(see*7 NYCRR 251-2.2; *see also Matter of Cliff v Kingsley,*293 AD2d 954, 955 [2002]). The remaining issues raised by petitioner, including his allegation of hearing officer bias, have been examined and found to be without merit.

Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed, without costs.
# DLA Aviation ‘policy wizard’ becomes Hall of Fame member

/ Published June 21, 2019
Fort Belvoir, Virginia, 
Dorothy Jean Lohr, a procurement analyst known to friends and colleagues as Jean, or the "Wizard of Policy," and one of the Defense Logistics Agency's foremost federal and defense acquisition policy experts will be inducted into the DLA Hall of Fame June 26. 

During Lohr’s 45-year career at DLA Aviation, she led business system management developments in procurement desktop functionality and automated solicitation and award capability. She saw the organization formerly known as the Defense General Supply Center through its transformation from punch cards to fully automated acquisitions. 

The Hall of Fame inductee began her career in 1967 as a GS-4 secretary, but was soon promoted to a buyer position and sent to Europe as a procurement representative, training supply officers on new requisitioning processes. Lohr was a subject matter expert in the Base Operations Support System and advanced to systems analyst. 

When the federal government implemented the Federal Acquisition Streamlining Act/Federal Acquisition Reform Act, Lohr worked as a senior policy member of DLA Aviation’s EProcurement development team. By 1986, she was a procurement policy analyst, and in in 2004, was promoted to procurement policy chief. 

She transitioned to a special projects position, focusing on policy aspects of base realignment and closure and standardizing policies and procedures across the service’s depot-level repairable sites and DLA. 

“Ms. Lohr’s talent in integrating policy, best practices, processes and system applications was also well-known throughout DLA,” according to her nomination package.

Lohr’s implementation of innovative procedures forged the path for acquisition reform at DLA, but her colleagues continually recall the policy wizard’s contributions of brains, heart and courage during her time at DLA Aviation.

*Read more about the DLA Hall of Fame and previous inductees on the DLA Hall of Fame website.*
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|Price of Crosby, ND Liquefied Natural Gas Exports to Canada (Dollars per Thousand Cubic Feet)
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|Price of Crosby, ND Liquefied Natural Gas Exports to Canada (Dollars per Thousand Cubic Feet)
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|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
2017-0479.

#### JPMorgan Chase Bank, N.A. v. Liggins.

Franklin App. No. 15AP-242, 2016-Ohio-3528. Reported at 150 Ohio St.3d 1410, 2017-Ohio-6964, 78 N.E.3d 910. On motion for reconsideration. Motion denied.

French, J., not participating.
No. 12-8351.

#### Jackson *v.*United States.

C. A. 11th Cir. Certiorari denied.
`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2087 Enrolled Bill (ENR)]

<DOC>

        S.2087

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 An Act

  
 
  To extend the time period for compliance with the Nutrition Labeling 
and Education


 Act of 1990 for certain food products packaged prior to August 8, 1994.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That before August 8, 
1994, sections 403(q) and 403(r)(2) of the Federal Food, Drug, and 
Cosmetic Act and the provision of section 403(i) of such Act added by 
section 7(2) of the Nutrition Labeling and Education Act of 1990, shall 
not apply with respect to a food product which is contained in a 
package for which the label was printed before May 8, 1994 (or before 
August 8, 1994, in the case of a juice or milk food product if the 
person responsible for the labeling of such food product exercised due 
diligence in obtaining before such date labels which are in compliance 
with such sections 403(q) and 403(r)(2) and such provision of section 
403(i)), if, before June 15, 1994, the person who introduces or 
delivers for introduction such food product into interstate commerce 
submits to the Secretary of Health and Human Services a certification 
that such person will comply with this section and will comply with 
such sections 403(q) and 403(r)(2) and such provision of section 403(i) 
after August 8, 1994.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.`