alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Morin Boats, Respondent, v Daniel Acierno, Appellant.

[54 NYS3d 109]

In an action to enforce an out-of-state judgment entered upon default, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendant appeals from an order of the Supreme Court, Suffolk County (Tarantino, Jr., J.), dated June 12, 2015, which granted the motion and directed the Clerk of the Court to enter judgment in favor of the plaintiff and against him in the principal sum of $40,975.71.

Ordered that the order is affirmed, without costs or disbursements.

It is undisputed that the defendant, a New York resident, traveled to the plaintiff’s place of business in Michigan for the purpose, inter alia, of retaining the plaintiff to perform restoration work on the defendant’s boat. The plaintiff alleges that it completed the work but never received payment from the defendant.

In November 2013, the plaintiff commenced an action titled *Morin Boats v Daniel Acierno*(case No. 13-3740-CK-KS) in the 18th Circuit Court for Bay County, Michigan (hereinafter the Michigan action). The complaint asserted causes of action, *845inter alia, alleging breach of contract and unjust enrichment. The defendant does not dispute that he was served in New York with a copy of the summons and complaint in the Michigan action. Nevertheless, the defendant failed to answer the complaint, and the plaintiff eventually obtained a default judgment against him in the principal sum of $40,975.71.

The plaintiff then commenced this action in New York to enforce the default judgment entered in the Michigan action, proceeding by motion for summary judgment in lieu of complaint pursuant to CPLR 3213. In support of the motion, the plaintiff averred, inter alia, that the subject judgment remained unsatisfied—a contention that is not disputed by the defendant. The Supreme Court granted the motion. We affirm.

The Full Faith and Credit Clause requires that a New York court afford the judgment of a sister State the same credit, validity, and effect that it would have in the State that rendered it *(see*US Const, art IV, § 1; *Boudreaux v State of La., Dept. of Transp.,*11 NY3d 321, 325 [2008]). Where, as here, the out-of-state judgment was entered upon default, the plaintiff may proceed pursuant to CPLR 3213 for summary judgment in lieu of complaint (see *Ho v McCarthy,*90 AD3d 710, 711 [2011]; *Madjar v Rosa,*83 AD3d 1011 [2011]).

The plaintiff established its prima facie entitlement to recognition and enforcement of the Michigan default judgment against the defendant (see *generally Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]). In opposition, the defendant failed to raise a triable issue of fact.

Accordingly, the plaintiff’s motion pursuant to CPLR 3213 for summary judgment in lieu of complaint was properly granted (see *Ho v McCarthy,*90 AD3d at 710).

Rivera, J.P., Chambers, Duffy and Barros, JJ., concur.
# EMS Week Spotlight: Jason Stanley

/ Published May 21, 2019
COLUMBUS, Ohio, 
In 1974 President Gerald Ford authorized EMS Week to recognize and celebrate members of the Emergency Medical Services. 

                Jason Stanley is a firefighter and emergency medical technician for the Defense Logistics Agency Columbus Fire and Emergency Services. Stanley has been an EMT for 23 years and has worked at the Defense Supply Center Columbus for the past 10 years. He decided to become an EMT to help people in need and serve his community by making a positive difference.                            Jason Stanley                            Jason Stanley is a firefighter and emergency medical technician for the Defense Logistics Agency Columbus Fire and Emergency Services. Stanley has been an EMT for 23 years and has worked at the Defense Supply Center Columbus for the past 10 years. He decided to become an EMT to help people in need and serve his community by making a positive difference.            SHARE IMAGE:Download ImageImage DetailsPhoto By: Charles MorrisVIRIN: 190520-D-LC637-1003This year EMS Week: Beyond the Call runs from May 19 – 25.

“DLA Columbus Fire and Emergency Services would like to honor Firefighter and Emergency Medical Technician Jason Stanley for his efforts beyond the call,” said, DLA Columbus Assistant Fire Chief Paul Alexander.

Stanley first became a firefighter and an EMT in 1994.  He joined DLA Columbus as a fire inspector in 2008.  In 2010, he transitioned from a fire inspector role to that of a firefighter and EMT.  Stanley joined the Ohio Air National Guard as a Search and Extraction Medic in 2013.  He’s currently a Staff Sergeant and will be promoted to Technical Sergeant June 1.

In March 2018, Stanley was selected for an EMT to Paramedic transition program and will be sponsored by DLA during the training.  Upon graduation in July, he’ll be promoted to the position of Firefighter/Paramedic.

“He’s shown great dedication to the course by balancing the training with his position at DLA, his duties to the Ohio Air National Guard and recently getting married,” Alexander said.

Stanley will be the second member of DLA Columbus Fire and Emergency Services to participate in and successfully complete the program.
#### The People of the State of New York, Respondent, v Charles Reed, Appellant.

[53 NYS3d 447]

Appeal from a judgment of the Monroe County Court (Victoria M. Argento, J.), rendered November 14, 2013. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]), defendant contends that the firearm seized from his residence by his parole officer was the product of an unlawful search and that County Court therefore erred in refusing to suppress it. We reject that contention inasmuch as “the record supports the court’s determination that the search was ‘rationally and reasonably related to the performance of the parole officer’s duty’ and was therefore lawful” *(People v Johnson,*94 AD3d 1529, 1531-1532 [2012], *lv denied*19 NY3d 974 [2012], quoting *People v Huntley,*43 NY2d 175, 181 [1977]).

Here, the parole officer testified that he received information in a bulletin from an information-sharing collaboration of various law enforcement agencies that an individual with defendant’s name was the suspect in a recent shooting of a former parolee. That information, coupled with the parole officer’s knowledge of the weapons charge underlying defendant’s parole status, defendant’s history of gang involvement, and the current feud between the gang to which the shooting victim belonged and defendant’s gang, provided the parole officer with a reasonable basis to believe that a firearm would be located in the residence *(see generally People v Rounds,*124 AD3d 1351, 1351 [2015], *lv denied 25*NY3d 1077 [2015]; *People v Nappi,*83 AD3d 1592, 1593-1594 [2011], *lv denied*17 NY3d 820 [2011]; *1656
      *People v Felder,*272 AD2d 884, 884 [2000], *lv denied*95 NY2d 905 [2000]). The court thus properly determined that the search initiated by the parole officer was rationally and reasonably related to the parole officer’s duty “to detect and to prevent parole violations for the protection of the public from the commission of further crimes” *(Huntley,*43 NY2d at 181; *see Nappi,*83 AD3d at 1593-1594). Contrary to defendant’s further contention, the record supports the court’s determination that “ ‘the assistance of police officers at the scene did not render the search a police operation’ ” *(People v Farmer,*136 AD3d 1410, 1411 [2016], *lv denied*28 NY3d 1027 [2016]; *see Rounds,*124 AD3d at 1351).

Finally, to the extent that defendant challenges the credibility of the parole officer’s testimony, we “afford deference to the court’s determination that the parole officer’s testimony was credible” *(Johnson,*94 AD3d at 1532), and we conclude that there is no basis on this record to disturb the court’s determination.

Present—Centra, J.P., Peradotto, Lindley, Curran and Scudder, JJ.
[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Notices]
[Page 30514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14896]


=======================================================================
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DEPARTMENT OF JUSTICE


President's Advisory Board on Race

ACTION: President's Advisory Board on Race; Notice of meeting.

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

SUMMARY: The President's Advisory Board on Race will meet on June 18, 
1998 at the White House Conference Center, 726 Jackson Place, NW, 
Washington, DC. The Advisory Board will meet from 9:30 a.m. until 
approximately 12:00 p.m. to discuss and analyze information that has 
been gathered during the course of the year.
    The public is welcome to attend the Advisory Board meeting on a 
first-come, first-seated basis. Members of the public may also submit 
to the contact person, any time before or after the meeting, written 
statements to the Board. Written comments may be submitted by mail, 
telegram, facsimile, or electronic mail, and should contain the 
writer's name, address and commercial, government, or organizational 
affiliation, if any. The address of the President's Initiative on Race 
is 725 17th Street, NW, Washington, DC 20503. The electronic mail 
address is http://www.whitehouse.gov/Initiatives/OneAmerica.

FOR FURTHER INFORMATION CONTACT: Comments or questions regarding this 
meeting may be directed to Randy D. Ayers, (202) 395-1010, or via 
facsimile, (202) 395-1020.

    Dated: June 1, 1998.
Randy D. Ayers,
Executive Officer.
[FR Doc. 98-14896 Filed 6-3-98; 8:45 am]
BILLING CODE 4410-13-M
[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Notices]
[Page 30551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14862]


=======================================================================
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TENNESSEE VALLEY AUTHORITY


Paperwork Reduction Act of 1995, as Amended by Public Law 104-13; 
Submission for OMB Review; Comment Request

AGENCY: Tennessee Valley Authority.

ACTION: Submission for OMB review; comment request.

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

SUMMARY: The proposed information collection described below will be 
submitted to the Office of Management and Budget (OMB) for review, as 
required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, 
as amended). The Tennessee Valley Authority is soliciting public 
comments on this proposed collection as provided by 5 CFR 1320.8(d)(1). 
Requests for information, including copies of the information 
collection proposed and supporting documentation, should be directed to 
the Agency Clearance Officer: Wilma H. McCauley, Tennessee Valley 
Authority, 1101 Market Street (WR 4Q), Chattanooga, Tennessee 37402-
2801; (423) 751-2523.
    Comments should be sent to OMB Office of Information and Regulatory 
Affairs, Attention: Desk Officer for Tennessee Valley Authority no 
later than July 6, 1998.

SUPPLEMENTARY INFORMATION:
    Type of Request: Regular submission, proposal to extend without 
revision a currently approved collection of information (OMB control 
number 3316-0096).
    Title of Information Collection: Customer Input Card for TVA 
Recreation Areas.
    Frequency of Use: On occasion.
    Type of Affected Public: Individuals or households.
    Small Business or Organizations Affected: No.
    Federal Budget Functional Category Code: 452.
    Estimated Number of Annual Responses: 1,000.
    Estimated Total Annual Burden Hours: 50.
    Estimated Average Burden Hours Per Response: .05.
    Need For and Use of Information: This information collection asks 
visitors to selected TVA public use areas to provide feedback on the 
condition of the facilities they used and the services they received. 
The information collected will be used to evaluate current maintenance, 
facility, and service practices and policies and to identify new 
opportunities for improvements.
William S. Moore,
Senior Manager, Administrative Services.
[FR Doc. 98-14862 Filed 6-3-98; 8:45 am]
BILLING CODE 8120-08-P
Exhibit 32.1




CERTICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION


906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with the Annual Report of Tilden Associates, Inc. (the “Company”) on Form10-KSB for the period ending December 31, 2010 as filed with the Securities and Exchange Commission on April 15, 2011 (the “Report”), I, Robert Baskind, Chairman, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.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/ Robert BaskindRobert Baskind,Chairman, President, Chief Executive Officer and Chief Financial OfficerDateApril 15, 2011
March 1 9 , 2015



### JUDGMENT


## The Fourteenth Court of Appeals

KERRY DEAN PARKS , Appellant

NO. 14

- 13

- 00554

- CR V.

THE STATE OF TEXAS , Appellee

_________ _______________________ This cause was heard on the transcript of the record of the court below. Having considered the record, this Court holds that there was no error in the judgment. The Court orders the judgment AFFIRMED

.

We further order this de cision certified below for observance.
**Exhibit
      32(a)**











**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**








In
      connection with the accompanying Quarterly Report of ALLTEL Corporation (the
      Company) on Form 10-Q for the period ending March 31, 2006 as filed
      with the Securities and Exchange Commission on the date hereof (the Report),
      I,
      Scott T. Ford, Chief Executive Officer and President of the Company, certify,
      pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, to the best of my knowledge, 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/
      Scott T. Ford


Scott
      T.
      Ford


Chief
      Executive Officer and President


May
      9,
      2006



































A
      signed
      original of this written statement required by Section 906 has been provided
      to
      ALLTEL Corporation and will be retained by ALLTEL Corporation and furnished
      to
      the Securities and Exchange Commission or its staff upon
      request.
EXHIBIT 32



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Mines Management, Inc. (the Company) on Form 10-Q for the period ended March 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned hereby certifies, 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 result of operations of the Company.





/s/ Glenn M. Dobbs



Glenn M. Dobbs

Chief Executive Officer

May 13, 2005





/s/ James H. Moore



James H. Moore

Chief Financial Officer

May 13, 2005









A signed original of this written statement required by Section 906 has been provided to Mines Management, Inc. and will be retained by Mines Management, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.











1
#### The People of the State of New York, Respondent, v Salvatore Cappuccio, Appellant.

[50 NYS3d 270]

Appeals having been taken to this Court by the above-named appellant from judgments of the Supreme Court, New York County (Laura Ward, J.), rendered March 30, 2015 and March 31, 2015, said appeals having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive, it is unanimously ordered that the judgments so appealed from be and the same are hereby affirmed.

Concur — Friedman, J.P., Renwick, Moskowitz, Fein-man and Kapnick, JJ.
No. 12-8493.

#### Ramirez *v.*United States.

C. A. 11th Cir. Certiorari denied.
[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)]
[Notices]
[Page 30774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14895]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[ID-055-1220-00]


Vehicle closure

AGENCY: Bureau of Land Management, Interior.

ACTION: Vehicle Closure.

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

SUMMARY: Pursuant to 43 CFR 8341.2, the following area is immediately 
closed to all types of motorized and nonmotorized vehicles (including 
bicycles): Township 5 North, Range 18 East Boise Meridian, Section 32, 
all public land. Authorized rehabilitation actions and emergency 
operations are exempt from the closure.

DATES: This action is effective May 15, 1998, and will remain in effect 
until the adverse impacts to soil, vegetation, riparian, and the 
subject watershed's natural resources have been successfully 
rehabilitated. Under normal weather conditions, the duration of this 
closure is expected to be approximately two years.

SUPPLEMENTARY INFORMATION: Sometime prior to May 18, 1998, several four 
wheel drive vehicles traveled cross-country and along an un-named 
perennial stream which is a tributary to Trail Creek, near the City of 
Sun Valley, Blaine County, Idaho. This off-road vehicle use caused 
considerable adverse impacts to soil, vegetation, the stream channel, 
wildlife habitat, visual resources, and to a portion of the Sun Peak 
Area of Critical Environmental Concern (Research Natural Area for the 
protection and study of a rare plant community). The access road to 
this area has been physically closed and signed to prevent recurrence 
of inappropriate vehicle use, or additional damage from use by any type 
of vehicle.

FOR FURTHER INFORMATION CONTACT: Rick Vander Voet, BLM Shoshone 
Resource Area, P.O. Box 2-B, Shoshone, Idaho 83352, telephone (208) 
886-2206.

    Dated: May 27, 1998.
Bill Baker,
Area Manager.
[FR Doc. 98-14895 Filed 6-4-98; 8:45 am]
BILLING CODE 4310-GG-P
EXHIBIT 10.26

                              TERMINATION AGREEMENT


THIS TERMINATION AGREEMENT (this "Agreement") is made as of [date]

BETWEEN:

(1)   XL INSURANCE (BERMUDA) LTD, a Bermuda domiciled insurance company ("XLI")

AND:

(2)   XL  FINANCIAL  ASSURANCE  LTD.,  a Bermuda  domiciled  financial  guaranty
      reinsurance company, ("XLFA")


WHEREAS:

A.    XLI, as ceding  company and XLFA, as reinsurer  entered into a Facultative
      Quota Share  Reinsurance  Treaty dated  December  31, 1999 (the  "Treaty")
      attached as Exhibit A hereto;

B.    The terms of the Treaty  provide that the parties may, by mutual  consent,
      terminate such Treaty; and

C.    XLI and XLFA wish to enter into this  Agreement  to  terminate  the Treaty
      upon the Effective Date (as hereinafter defined).

NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises and
other good and valuable consideration,  the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree as follows:

Capitalized  terms used herein and not defined  shall have the meaning  provided
for in the Treaty.

1.    Pursuant to Section 4.2 of the Treaty,  each of XLI and XLFA hereby  agree
      to  terminate  the Treaty  effective  upon the date of the initial  public
      offering of the shares of Security  Capital  Assurance Ltd (the "Effective
      Date").

2.    Each of the Parties acknowledges and agrees that XLFA shall continue to be
      liable after the Effective Date for Net Liabilities in respect of Policies
      in force which have been accepted pursuant to the terms of the Treaty.

3.    This Agreement may be executed in two or more  counterparts  each of which
      shall  constitute an original,  but all of which when taken together shall
      constitute  one  agreement.  Any  Party may  deliver a signed  counterpart
      signature  page of this  Agreement by fax and such faxed  signature  pages
      shall be deemed to be an original for all purposes.

<PAGE>

4.    The terms and  conditions of this  Agreement and the rights of the Parties
      hereunder shall be governed by and construed in all respects in accordance
      with the internal laws of Bermuda, without giving effect to the principles
      of conflicts of laws thereof.


Executed and delivered by the parties hereto as of the date first above written.


Signed for and on behalf of XL INSURANCE (BERMUDA) lTD

By:___________________

Title:




Signed for and on behalf of XL FINANCIAL ASSURANCE LTD.

By:___________________

Title:


<PAGE>


                                    EXHIBIT A

                    FACULTATIVE QUOTA SHAE REINSURANCE TREATY
# Employees heed the call for blood donations

/ Published Aug. 12, 2019
Battle Creek, Michigan, 
The call went out to employees – “Emergency Blood Shortage: Red Cross blood & platelet donors needed now” – and they responded by rolling up their sleeves for an Aug. 7 blood drive at the Hart-Dole-Inouye Federal Center.

Occupational Health Nurse Sharon Butters, a Defense Logistics Agency employee, said 90 people came to the drive, but only 80 were able to give. She said the number was comparable to the same in 2017 and 2018 when Federal Center drives had 81. 

“The Red Cross seemed to be pleased with the amount of people, Butters said. 

The Occupational Health Unit works with the Red Cross to host the drives. During a previous drive, Medical Technician Ann Chisholm said Health Unit employees are “really glad to support the Red Cross locally in bringing lifesaving blood where it’s needed.”

In a July 29 news release, the Red Cross announced it had has less than a three-day supply of most blood types available and less than a two-day supply of type O blood. Drives are scheduled every two months at the Federal Center to collect six times a year. For 2017 the drives resulted in 477 units being collected and 372 for 2018. Only five drives were conducted in 2018 because of the cancellation of December’s event to observe former president George Bush’s memorial service. 

“So far in 2019, we have collected 216 units.  We had to cancel the first one of the year because of bad weather,” Butters said.  She added that April’s drive was effected because it fell on the week of spring break.

Those who were unavailable or unable to give at recent drives can determine future opportunities to donate at www.redcross.org/give-blood where they can also make an appointment. Donors can also call the Red Cross at 800-RED-CROSS to schedule a blood donation or get more information.