alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ethel George, Respondent, v New York City Housing Authority, Appellant, et al., Defendant.

[55 NYS3d 48]

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered January 18, 2017, which denied the motion of defendant New York City Housing Authority (NYCHA) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

*533NYCHA established its entitlement to judgment as a matter of law by showing that it did not have actual or constructive notice of the alleged icy condition that caused plaintiffs fall. NYCHA submitted plaintiffs deposition testimony that she did not notice ice on the crosswalk until after she fell. NYCHA also submitted its record logs which indicated that there was no precipitation on the day of the accident, and the testimony of its supervisor of grounds that he was not aware of any complaints about the condition of the sidewalk prior to plaintiffs fall. The supervisor also stated that he had inspected the area the day before plaintiffs fall and did not observe any ice *(see Herrera v E. 103rd St. & Lexington Ave. Realty Corp.,*95 AD3d 463 [1st Dept 2012]; *Rodriguez v 705-7 E. 179th St. Hous. Dev. Fund Corp.,*79 AD3d 518, 519-520 [1st Dept 2010]).

In opposition, plaintiff raised a triable issue of fact as to whether NYCHA had notice of the condition, by submitting an expert meteorologist’s opinion that, based on meteorological data, the ice condition was present for at least 45 hours prior to plaintiffs accident *(see Santiago v New York City Health & Hosps. Corp.,*66 AD3d 435 [1st Dept 2009]). NYCHA was not entitled to fill the gaps in its moving papers by submitting an expert affidavit introducing a new theory for summary judgment, for the first time in its reply papers *(see Scansarole v Madison Sq. Garden, L.P.,*33 AD3d 517, 518 [1st Dept 2006]). In any event, NYCHA’s alternative theory about the timing of the ice formation is a factually disputed issue.

Concur — Friedman, J.P., Mazzarelli, Moskowitz, Gische and Gesmer, JJ.
#### In the Matter of Allstate Insurance Company, Appellant, v Almeta Howell, Respondent.

[56 NYS3d 89]

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered on or about April 14, 2016, which denied petitioner’s motion to permanently stay arbitration, unanimously reversed, on the law, without costs, and the motion granted.

Petitioner seeks to permanently stay an underinsured motorist benefits arbitration proceeding brought by respondent in New York.

The motion court erred in dismissing the motion to stay as untimely. The time restrictions set forth at CPLR 7503 (c) do not apply where, as here, respondent waived her right to arbitrate by initiating litigation on the same claims *(see Sherrill v Grayco Bldrs.,*64 NY2d 261, 272-273 [1985]; *Matter of Waldman v Mosdos Bobov, Inc.,*72 AD3d 983, 983 [2d Dept 2010], *lv denied*15 NY3d 715 [2010]). “[O]nce waived, the right to arbitrate cannot be regained, even by the respondent’s failure to [timely] seek a stay of arbitration” *(Waldman,*72 AD3d at 984; *see also Ryan v Kellogg Partners Inst. Servs.,*58 AD3d 481, 481-482 [1st Dept 2009]).

That petitioner participated, under objection, in the arbitration is immaterial. Even if the arbitration had been completed and an award issued, the award would be subject to vacatur on the ground that the arbitrator lacked authority to conduct the arbitration *(see*CPLR 7511 [b] [1] [iii]; *Waldman,*72 AD3d at 984).

Respondent’s argument that an evidentiary hearing is required is likewise unavailing. Respondent submitted evi*462dence suggesting that petitioner acted in bad faith by requesting a change of venue from South Carolina to New York and then claiming that New York was not a proper venue *(see Matter of Hertz Corp. v Holmes,*106 AD3d 1001, 1002-1003 [2d Dept 2013]; *Matter of Liberty Mut. Ins. Co. v Mohabir,*68 AD3d 435, 435 [1st Dept 2009]). But even assuming there was an agreement between counsel to proceed in New York, it appears to have been an agreement to *litigate*— not arbitrate — in New York, which only points to continuing respondent’s 2012 action to the extent it seeks a court declaration that petitioner is required to provide coverage. At any rate, the agreement (to the extent there was one) was not binding on the parties because it was not memorialized in a signed writing *(see*CPLR 2104; *Greenidge v City of New York,*179 AD2d 386, 387 [1st Dept 1992]).

Concur—Renwick, J.R, Richter, Feinman, Gische and Kahn, JJ.
No. 12-8296.

#### Green *v.*United States.

C. A. 11th Cir. Certiorari denied.
**Exhibit32.2**

 

**CERTIFICATION PURSUANT TO**

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

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

 

 

In connection with theQuarterly Report on Form 10-Q of Mercantile Bankshares Corporation (the “Company”)for the period ending March 31, 2005 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Terry L. Troupe, the ChiefFinancial Officer, certify, pursuant to and for purposes of 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that:

 

1)              The Report fullycomplies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

2)              The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| /s/ Terry L. Troupe     |   |
|-------------------------|--------|
| Terry L. Troupe         |
| Chief Financial Officer |
| May 5, 2005             |

 

----
#### The People of the State of New York, Respondent, v Eric Santana, Appellant.

[49 NYS3d 895]

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Melissa Jackson, J.), rendered October 8, 2015, said appeal 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 judgment so appealed from be and the same is hereby affirmed.

Concur— Friedman, J.P., Richter, Mazzarelli, Feinman and Gische, JJ.
|                                                                                               
|-----------------------------------------------------------------------------------------------
|                                                                                               
|View History:  Monthly  Annual Download Data (XLS File)                                       
|View History:  Monthly  Annual                                                                 
|View History:  Monthly  Annual                                                                 
|View History:                                                                                  
|                                                                                               
|Price of Champlain, NY Natural Gas Pipeline Exports to Canada (Dollars per Thousand Cubic Feet)
|                                                                                               
|                                                                                               
|Price of Champlain, NY Natural Gas Pipeline Exports to Canada (Dollars per Thousand Cubic Feet)
|                                                                                               

|Year                                                                                                                              | Jan | Feb  | Mar | Apr | May | Jun | Jul | Aug | Sep | Oct | Nov | Dec
|--------------------------------------------------------------------------------------------------------------------------------- | --- | ---- | --- | --- | --- | --- | --- | --- | --- | --- | --- | ---
|2023                                                                                                                              |     | 2.45 |     |     |     |     |     |     |     |     |     |    
|- = 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
# DLA Aviation employees help brighten the holidays in Ogden

/ Published Dec. 23, 2019
Richmond, Va. , 
Defense Logistics Agency Aviation at Ogden’s Morale Committee organized December 2019 holiday events this year for employees starting with 600-donated cookies delivered to employees by committee members and Air Force Col. Gabriel Lopez, commander, DLA Aviation at Ogden on Hill Air Force Base, Utah. 

The committee working with Northern Utah’s largest homeless shelter and soup kitchen, The Lantern House, and the Hill Air Force Base Chapel, coordinated employee donations resulting in six large boxes and six ten-gallon bags filled with needed items.

Finally, DLA Aviation and Hill Air Force employees collectively helped 102 families and 242 children in the local area through their Angel Tree program with donations of pajamas, hats, gloves, hygiene items, clothing and toys. 

“The Morale Committee would like to personally thank each and every one who selflessly donated,” said Heather Miles, committee member and management assistant, DLA Aviation at Ogden.
## In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06

- 19

- 00104

- CV

RONALD SPRIGGS, Appellant
V. CRYSTAL THOMAS, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF LARRY GLENN BAILEY, Appellee

On Appeal from the 71st District Court Harrison County, Texas Trial Court No. 19

- 0496

Before Morriss, C.J., Burgess and Stevens, JJ. Memorandum Opinion by Justice Stevens2 

### MEMORANDUM OPINION
Ronald T. Spriggs , appellant, filed a notice of appeal in this matter on December 9 , 201 9. Appellant has not filed a docketing statement in accordance with Rule 32.1 of the Texas Rules of Appellate Procedure. See T EX
. R. A PP
. P . 32.1. Further, appellant has not tendered the mandatory $205.00 filing fee associated with the appeal, see T EX
. R. A PP
. P . 5, and has not filed proof of indigency in lieu of a filing fee, s ee T EX
. R. A PP
. P . 20.1. “A party who is not excused by statute or these rules from paying costs must pay

— at the time an item is presented for filing

— whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just.” T EX
. R. A PP
. P. 5. By letter dated January 9, 2020, appellant was provided with notice of and an opportunity to cure these defects. See T EX
. R. A PP
. P. 42.3(b) , (c)

. The clerk’s letter further warned appellant that, if he did not submit an adequate response to the notice by January 21, 2020, this appeal would be subject to dism issal for want of prosecution and for failure to comply with the above

- cited rules. Appellant did not file a docketing statement, did not pay the mandatory filing fee, and did not file proof of indigency in lieu of a filing fee. Further, w e have received no communication from appellant responsive to the January 9 correspondence

. Accordingly, this appeal is ripe for dismissal. Pursuant to Rules 42.3(b) and (c) of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution.

Scott E. Stevens Justice Date Submitted: January 29, 2020 Date Decided: January 30, 2020
Exhibit 10.9

                                   AMENDMENT

THIS AMENDMENT is made on the 9th day of September 1997 by and between CONSERVER
CORPORATION OF AMERICA, a corporation organized and existing under the laws of
Delaware having a business address at 2655 LeJeune Road, Coral Gables, Florida
33134 ("CCA"), SAKHALIN GENERAL TRADING AND INVESTMENTS LIMITED, a company
organized with limited liability under the laws of Cyprus whose legal office is
at Doma Building, 227 Archbishop Markarios III Street, Limassol, Cyprus
("SGTI"), and SOVEREIGN GAMING AND LEISURE LIMITED, a company organized with
limited liability under the laws of Cyprus whose legal office is at Doma
Building, 227 Archbishop Markarios III Street, Limassol, Cyprus ("Sovereign,"
SGTI and Sovereign being sometimes collectively referred to herein as
"Grantors").

WHEREAS, CCA and Grantors entered into an Agreement dated 12th August 1997 ("the
Agreement") with respect to the transfer of equity and other interests in and to
Sakhalin City Centre Limited, a closed joint stock company incorporated under
the laws of the Russian Federation, and the rights to construct and operate a
hotel and casino in the City of Yuzhno-Sakhalinsk from Grantors to CCA; and

WHEREAS, CCA and Grantors now wish to amend certain terms of the Agreement in
writing;

NOW, THEREFORE, in consideration of the mutual understandings and agreements
contained herein, the parties hereto hereby agree to amend the Agreement as
follows:

1. AMENDMENTS

   CCA and the Grantors hereby agree that the date set in clause (ii) of
   paragraph 1(b) of the Agreement for the payment of One Million U.S. Dollars
   ($1,000,000) by CCA is changed from 10th September 1997 to 15th October 1997,
   and the date set in said clause for the payment of One Million Five Hundred
   Thousand U.S. Dollars by CCA is changed from 15th October 1997 to 31st
   October 1997.

2. AFFIRMATION AND INCORPORATION

   The parties hereto hereby ratify and affirm the Agreement in all other
   respects and hereby incorporate the provisions of this Amendment into the
   Agreement and incorporate herein by reference the provisions of paragraph 5
   of the Agreement.



<PAGE>


IN WITNESS WHEREOF, the parties hereto have executed and delivered this
Amendment by their duly authorized representatives as of the date and year first
above written.

                       CONSERVER CORPORATION OF AMERICA



                       BY:   /s/
                           ------------------------------------------------



                       SAKHALIN GENERAL TRADING AND INVESTMENTS LIMITED



                       BY:   /s/
                           ------------------------------------------------



                       SOVEREIGN GAMING AND LEISURE LIMITED



                       BY:   /s/
                           ------------------------------------------------



                                       2
Exhibit 32.1

CERTIFICATION PURSUANT TO
                       SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,
                                 AS ADOPTED PURSUANT TO
                              SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, the undersigned, as chief executive officer of
Microvision, Inc. (the "Company"), does hereby certify that to the undersigned's knowledge:

1)     the Company's Form 10-Q for the quarter ended June 30, 2010
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 Company's Form 10-Q for the quarter ended June 30, 2010
fairly presents, in all material respects, the financial condition and results of operations of the Company.

|Date:August 9, 2010 | By: /s/ Alexander Y. Tokman   Alexander Y. Tokman 
 Chief Executive Officer
|------------------- | ---------------------------------------------------------------------------

---
2017-1315.

#### Disciplinary Counsel v. Deters.

On motion for immediate interim remedial suspension. On September 20, 2017, relator filed a motion for an immediate interim remedial suspension pursuant to Gov.Bar R. V(19). Respondent shall file a response, if any, to relator’s motion by 12:00 p.m. on September 22, 2017.
#### Bond & Broadway, LLC v Funding Exch., Inc.

1st Dept: 132 AD3d 488

denied
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2044 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2044

 To provide that funds available to the Department of Agriculture for 
     the prescription of final regulations relating to certain law 
 enforcement activities of the Forest Service be utilized instead for 
   the improvement of trails on National Forest System lands for the 
  purpose of improving the access of individuals with disabilities to 
                              such lands.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               April 26 (legislative day, April 11), 1994

   Mr. Burns introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL

 
 To provide that funds available to the Department of Agriculture for 
     the prescription of final regulations relating to certain law 
 enforcement activities of the Forest Service be utilized instead for 
   the improvement of trails on National Forest System lands for the 
  purpose of improving the access of individuals with disabilities to 
                              such lands.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AVAILABILITY OF FUNDS FOR IMPROVEMENT OF TRAILS.

    (a) In General.--Notwithstanding any other provision of law, all 
funds appropriated for or otherwise available to the Department of 
Agriculture for the purpose of prescribing the regulations referred to 
in subsection (b) shall be utilized by the Secretary of Agriculture, in 
lieu of such purpose, for the purpose of improving trails on lands of 
the National Forest System in order to improve the access of 
individuals with disabilities to such lands.
    (b) Covered Regulations.--The regulations referred to in subsection 
(a) are the final regulations on law enforcement activities of the 
National Forest Service on National Forest System lands the proposed 
rules for which were published by the Director of the National Forest 
Service in the Federal Register on February 16, 1994 (59 Fed. Reg. 
7880).

                                 <all>
```
No. 12-8883.

#### Wetmore *v.*United States.

C. A. 1st Cir. Certiorari denied.
# Family celebrates Army Officer's promotion

/ Published Sept. 9, 2019
#### The People of the State of New York, Respondent, v Liam Butts, Appellant.

[52 NYS3d 344]

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered August 24, 2012, as amended September 10, 2012, convicting defendant, after a nonjury trial, of robbery in the first and second degrees, attempted robbery in the first and second degrees and criminal possession of a weapon in the second degree, and sentencing him to an aggregate term of eight years, unanimously affirmed.

The court’s verdict was based on legally sufficient evidence and was not against the weight of the evidence *(see People v Danielson,*9 NY3d 342, 348-349 [2007]). The People established the operability of the recovered firearm, and defendant did not establish the affirmative defense to the first-degree robbery and attempted first-degree robbery charges that the firearm displayed “was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged” (Penal Law § 160.15 [4]). There was expert testimony that, although the revolver was missing the spring that creates tension on the hammer, the revolver could be fired by using, as a replacement for the spring, a rubber band that had been found wrapped around its barrel when it was recovered. The expert testified that she test fired the revolver *550several times, and found that it could easily be fired by means of the rubber band (see *People v Francis,*126 AD2d 740 [2d Dept 1987]). A firearm that is no longer in the condition in which it was manufactured, but that can nevertheless be fired as the result of being modified or repaired using some expedient device, is still an operable firearm.

We perceive no basis for reducing the sentence.

We have considered and rejected defendant’s pro se claims.

Concur — Friedman, J.P., Renwick, Moskowitz, Feinman and Kapnick, JJ.
# EOQ winner vital to Japan site annual inventories

/ Published Dec. 23, 2019
BATTLE CREEK, Mich., 
Defense Logistics Agency Disposition Services named three Employee of the Quarter winners for the fourth quarter in November. Among them is Category II winner Megumi Ikeda, who was nominated by her site leadership at DLA Disposition Services at Sagami in Japan.

Ikeda said she was born and raised in Japan’s Kanagawa Prefecture, an area south of Tokyo that includes Yokohama, the second largest city in the country, and stretches south to the sea and west toward Mt. Fuji. Back in 1997, Ikeda said she was working toward her bachelor’s degree in humanities when she joined the then-named Defense Reutilization and Marketing Office at the U.S. Army’s Sagami General Depot as an administrative assistant. Shortly after, she graduated from college and remained with the site for the next three years.

For more than a decade, Ikeda worked for the State Department at offices across New Zealand and Japan, before returning to DLA Disposition Services as a supply technician in 2016. The Sagami site serves as hub for all of the agency’s military equipment disposal support throughout Japan, and as the supply tech and accountable officer for all its disposition sites there, Ikeda has been praised for her “effective and accurate inventory processes, briefings and translation” by local leaders.

“I truly appreciate my supervisors, who always provide me opportunities to broaden my job knowledge,” Ikeda said.   

Her award citation said her “commitment to the hub's mission and sharing of her ideas and knowledge were above and beyond expectations.” Her exemplary translation skills were cited for their impact on business interactions with Japan's Ministry of Economy, Trade and Industry, internal Annual Inventory communications and official visits. Her “supply and AO knowledge,” including property accounting, systems knowledge and report gathering were considered critical to the successful execution of the recent headquarters-directed wall-to-wall property accounting project.

“I enjoy working with great people from all over the Pacific and am honored to be a part of great team,” she said.