alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.49

 

ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT

 

This Addendum (the “Addendum”) is entered into as of January 1, 2012, by and among NEW YORK RADIATION THERAPY MANAGEMENT SERVICES, LLC., a New York limited liability company (“MANAGEMENT SERVICES”) and YONKERS RADIATION MEDICAL PRACTICE, P.C., a New York professional corporation (the “PC”).  This Addendum amends Section 3.1 of the Administrative Services Agreement dated January 1, 1999 between the parties (the “Agreement”) to adjust the monthly Service Fee payable at the rate of $570.00 per external beam treatment billed in 2011 to a monthly Service Fee payable at the rate of $600.00 per external beam treatment billed (currently CPT codes 77372, 77373, 77401 — 77416, 77418, and 77781 — 77784) and replaces the Addendum of that same Section dated January 1, 2011.  From and after the date hereof, Section 3.1 shall read as follows:

 

3.1. Service Fee.  For the services to be provided hereunder by MANAGEMENT SERVICES, the PC shall pay to MANAGEMENT SERVICES a monthly Service Fee at the rate of $600.00 per external beam treatment billed (currently CPT codes 77372, 77373, 77401 — 77416, 77418, and 77781 — 77784).  The parties agree that the Service Fee represents the fair market value of the services provided by MANAGEMENT SERVICES hereunder and that the parties shall meet annually to reevaluate the value of services provided by MANAGEMENT SERVICES and shall establish the fair market value thereof for purposes of this Section 3.1.

 

 

	
Accepted:
    	
NEW   YORK RADIATION THERAPY
    
	
 
    	
MANAGEMENT   SERVICES, INC.
    
	
 
    	
 
    	
 
    
	
 
    	
By:
    	
/s/ BRYAN J. CAREY
    
	
 
    	
 
    	
Bryan J. Carey
    
	
 
    	
 
    	
Vice President
    
	
 
    	
 
    	
 
    
	
Accepted:
    	
YONKERS   RADIATION MEDICAL
    
	
 
    	
PRACTICE,   P.C.
    
	
 
    	
 
    	
 
    
	
 
    	
By:
    	
/s/ JAMES H. RUBENSTEIN, M.D.
    
	
 
    	
 
    	
James H. Rubenstein, M.D.
    
	
 
    	
 
    	
President
No. 12-8125.

#### Stewart *v.*Sinclair, Superintendent, Washington State Penitentiary.

C. A. 9th Cir. Certiorari denied.
MURRAY ⏐ LOBB, PLLC

ATTORNEYS & COUNSELORS AT LAW

700 GEMINI, SUITE 115

HOUSTON, TEXAS 77058-2735

Phone: (281) 488-0630 Fax: (281) 488-2039

Web Site: www.murray-lobb.com

April 30, 2015

Christopher A. Prine

Clerk, First Court of Appeals

First Court of Appeals

301 Fannin Street

Houston, Texas 77002-2066

NOTICE OF SETTLEMENT

Re: Cause No. 01-14-00869-CV; Richard Makover, Appellant vs. Randy S. 

Turrentine, Appellee; in the Court of Appeals, First Judicial District, 

Houston, Texas

Dear Madam or Sir:

Please be advised that the parties have resolved their issues and reached a settlement of 

the above-referenced matter.

The parties hereby request that this matter and all deadlines be placed on hold for 21 days 

to allow for preparation and exchange of the final settlement documentation.

Thank you for your consideration in this matter. If you have any questions or require 

anything further, please immediately contact the undersigned or his assistant Marie by calling 

281-488-0630.

Very truly yours,

Murray | Lobb, PLLC

By: /s/ Kyle L. Dickson

Kyle L. Dickson

Enclosure(s)

cc: Ronald J. Smeberg BY FAX TO (210) 598-7357 AND/OR

Smeberg Law Firm, PLLC BY ELECTRONIC SERVICE

2010 W. Kings Hwy 

San Antonio, Texas 78201

ACCEPTED

01-14-00869-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

4/30/2015 9:22:05 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/30/2015 9:22:05 AM CHRISTOPHER A. PRINE Clerk
Order entered September 10 , 2018

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05 - 18 - 00362 - CR No. 05 - 18 - 0036 3 - CR No. 05 - 18 - 0036 4 - CR JOHN F. SEAY, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 203rd Judicial District Court

Dallas County, Texas Trial Court Cause No s . F17 - 44837 - P , F17 - 44838 - P & F17 - 44846 - P 

### O RDER B y order dated July 18, 2018, we ordered a ppellant to provide the Court with written verification that the reporter’s record ha d been requested. We cautioned appellant that the failure to do so might result in the appeals be ing submitted without a reporter’s record. See T EX . R. A PP . P

. 37.3(c). To date, we have received no communication from appellant regar ding the reporter’s record. We ORDER these appeals submitted without a reporter’s record. Appellant’s brief is DUE thirty days from the date of this order.

/s/ LANA MYERS JUSTICE
#### The People of the State of New York, Respondent, v Jerry Ketteles, Also Known as Jerry Kettrles, Appellant.

[52 NYS3d 232]

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated May 19, 2009 *(People v Ketteles,*62 AD3d 902 [2009]), affirming a judgment of the Supreme Court, Kings County, rendered September 13, 2006.

*1028Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel *(see Jones v Barnes,*463 US 745 [1983]; *People v Stultz,*2 NY3d 277 [2004]).

Mastro, J.P., Rivera, Dillon and Leventhal, JJ., concur.
EXHIBIT 13.2





Certification by the Chief Financial Officer


Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002




In connection with the Annual Report of Highway Holdings Limited (the “Company”) on Form 20-F for the period ended March 31, 2011 as filed  with the Securities and Exchange  Commission on the date hereof (the “Report”), I, Alan Chan, certify, pursuant to 18 U.S.C. Section  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.




Dated: June 29, 2011




/s/ Alan ChanAlan ChanChief Financial Officer
# Disposal specialist aids Italy’s pandemic fight

/ Published March 25, 2020
Battle Creek, Mich., 
As pandemic continues to threaten lives and upend economies across the globe, one agency property disposal specialist and his family are helping their community fight back against the coronavirus outbreak.

Nuzzo Dino Garofalo is a 33-year veteran of the Defense Logistics Agency Disposition Services site at Naval Air Station Sigonella, an Italian Air Force base that hosts about 4,000 U.S. military and civilian personnel and their families near the Sicilian city of Catania.

In his down time, Garofalo serves as a personnel chief for his town’s civil protection unit. He said every Italian town is obligated to maintain a civilian assistance group, staffed by local volunteers and overseen by city council. He joined his local, approximately 40-person unit in 1998, and he said the team’s volunteers help the community with extraordinary needs, like helping the national fire department deal with local blazes, responding to earthquakes and providing general assistance to authorities during natural disasters.

“We have sent our volunteers to the earthquake in central Italy, a flood that happened in northern Sicily, we have also taken turns to help the refugees that came from Africa at our commercial port,” Garofalo said. “The main thing that made me volunteer is that I like to help people that need all the help they can get, and to be honest with you, it’s something that comes out of your heart.”

Garofalo said the situation in Italy is at a critical juncture, and there are now local base personnel who have been identified as positive for the coronavirus. Garofalo is currently working to rotate the local volunteers through routine critical pandemic response tasks. He said his wife also volunteers, as does his son, who helps with the sick and disabled. Garofalo said his daughter, who is disabled, also pitches in.

“She is the main reason why I need to help others,” Garofalo said. “We take her with us, she stays in the office and all of the volunteers love her.”

He said he hoped that the situation will start to improve soon. While the situation changes rapidly every day, as of this story posting, nearly 10% of confirmed coronavirus cases in Italy have turned out to be fatal.

“We are praying to God daily to help all the global population,” Garofalo said.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-30955

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

CORY D RIGMAIDEN

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 2:04-CR-20128

Before JOLLY, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

Cory D. Rigmaiden appeals the sentence imposed following his guilty-plea

conviction of possessing with the intent to distribute cocaine base. He argues

that his sentence is unreasonable because it was imposed under what amounts

to a de facto mandatory sentencing guidelines system resulting from this court’s

precedents bestowing a presumption of reasonableness on sentences which fall

within a defendant’s advisory sentencing guidelines range. Rigmaiden also

argues that the district court failed to consider his arguments for a

United States Court of Appeals

Fifth Circuit

F I L E D

October 24, 2007

Charles R. Fulbruge III

Clerk
No. 05-30955

2

below-guidelines sentence, failed to analyze on the record the sentencing factors

in 18 U.S.C. § 3553(a), and gave too much weight to the advisory Sentencing

Guidelines. 

The 300-month term of imprisonment imposed in Rigmaiden’s case fell

within his properly calculated guidelines range and is entitled to a presumption

of reasonableness. See United States v. Alonzo, 435 F.3d 551, 554 (5th Cir.

2006). Rigmaiden’s argument that the presumption of reasonableness used by

this court returns the Sentencing Guidelines to their formerly unconstitutional,

mandatory status is foreclosed. See Rita v. United States, 127 S. Ct. 2456, 2462

(2007). 

The district court’s statements at sentencing reflect sufficient

consideration of Rigmaiden’s mitigation argument and of the § 3553(a) factors.

Rigmaiden has not demonstrated that the district court clearly erred in

exercising its broad sentencing discretion by imposing a sentence that failed to

“account for a factor that should have received significant weight,” gave

“significant weight to an irrelevant or improper factor,” or represented “a clear

error of judgment in balancing the sentencing factors.” See United States v.

Nikonova, 480 F.3d 371, 376 (5th Cir. 2007), cert. denied, ___ S.Ct. ___, 2007 WL

1708063 (Oct. 1, 2007) (No. 06-11834). Accordingly, Rigmaiden has not rebutted

the presumption of reasonableness.

AFFIRMED.
#### Liberty Manor Personal Care Home v. Department of Public Welfare; The Penn Care Group, Inc., In re

10/14/2015

187 WAL (2015)

Denied
#### Edward Abram, Appellant, v Joanne Cheung Sui Mei, Respondent.

[49 NYS3d 695]

Order, Supreme Court, New York County (Lori S. Sattler, J.), entered January 20, 2016, which, inter alia, upheld the parties’ prenuptial agreement upon inquest, unanimously affirmed, without costs.

Plaintiff husband’s efforts to meet his “very high” burden of challenging the parties’ prenuptial agreement fail (Anonymous *600
      *v Anonymous,*123 AD3d 581, 582 [1st Dept 2014]). The plain language of the parties’ agreement reveals that the husband’s assets to be protected were substantial and that the wife received the maintenance award in question as a quid pro quo. Where, as here, a prenuptial agreement and the circumstances surrounding its execution are “fair,” there is no further inquiry *(Levine v Levine,*56 NY2d 42, 47 [1982] [internal quotation marks omitted]). Furthermore, the husband’s efforts to establish that the agreement was the product of duress are not persuasive *(see Barocas v Barocas,*94 AD3d 551 [1st Dept 2012], *appeal dismissed*19 NY3d 993 [2012]).

We have considered the husband’s remaining contentions and find them unavailing.

Concur — Friedman, J.P., Sweeny, Renwick, Andrias and Manzanet-Daniels, JJ.
#### Cheung, Matter of, v Commissioner, Dept. of Hous. Present & Dev.

1st Dept: 141 AD3d 411

denied
# Fueling Balikatan

/ Published June 18, 2019

Shoulder-to-shoulder, the Armed Forces of the Philippines and the U.S. military operated together in the 35th annual Balikatan exercise April 1-12. Throughout the exercise, Defense Logistics Agency Energy provided six types of fuel and delivered 234,717 gallons to the U.S. military services at 18 different sites. 

“We provided technical assistance on several DLA Energy applications for the U.S. Marine Corps Exercise Fuel Officer and the fuel vendors,” said DLA Energy Hawaii’s Operations Officer Army Capt. Theodore Yost. “We provided DLA Energy’s Enterprise External Business Portal training to track orders in real time helping to save time and prevent potential billing errors.”

Yost and Customer Account Specialist Dan Picciarelli operated out of Camp Aguinaldo in Quezon City, the military headquarters of the Philippine Army and the AFP, to oversee fueling operations throughout the region. 

Having the DLA Energy team’s presence in country proved beneficial when expediting the requesting service components receipt of Into-truck fuel cards, Picciarelli said. The DLA Energy Into-truck fuel card is similar to an Into-plane card but enables fuel to be loaded into a fuel truck.

“With our assistance, the units obtained the government fuel cards and were able to exercise one of their main training objectives which was to receive fuel into their fuel trucks versus directly into an aircraft at a commercial airport,” Picciarelli said. “Valuable lessons were learned for future operations.”

The team faced challenges during the exercise, specifically when dealing with the time change between the Philippines and U.S. 

“In the Philippines there was an 18 hour difference backward from our supervisors in Hawaii and a 12 hour difference backward from DLA Energy headquarters in Virginia,” Yost said. “The services were operating every day to include the weekends, so the hurdles of a significant time difference and operations through the weekend made it a bit difficult to provide timely answers to specific contracting questions.”

The forward DLA Energy contracting officer in Hawaii, Luis Beza-Cay, helped bridge these hurdles and field questions as needed, Yost added. 

Balikatan, which means “shoulder-to-shoulder” in Tagalog, embodies the alliance and friendship between the two countries.
810-100901-081 

AAutualBank i 

Secretary Ray LaHood Goaheaci.,.iiveabemsM ^ f^ ^ 

United States Department of Transportation "^ ' -^o^ ^ 

1200 New Jersey Avenue SE r o '^Qs: 

Washington. DC 20590 S^5 

DOT-OFT-2010^124 ^ §^" ^ 

C/3 

August 25,2010 ts> 

RE: Support of the South Bend Regional Airport Application for Funding Under the Department of 

Transportation Small Community Air Service Development Program 

Dear Mr. Secretary, 

On t)ehalf of Mutual Banl^ I v/ould like to express our enthusiastic support for the Small Community 

Air Service Development Grant application submitted by the St. Joseph County Airport Authority f6r 

matlteting funding to encourage a new carrier to enter the South Bend maricet with non-stop 

service to Denver, CO. 

Business travel costs are examined closely today, and affordable fares from the South Bend 

Regional Airport are Important to our bottom line. A flight to Denver on a low cost airline has the 

potential to deliver great value to this region. The proposed service to Denver International Airport 

offers an important business destination from SBN and more importantly provides the Michiana 

region with an access point to other strategic westbound destinations. There is presently no lowcost way to fly west from the South Bend Regional Airport. 

As Banldng is our business you realize the importance of economic development and the ability of 

connectivity to the world. With three of the top five vM^rld's largest orthopedic manufacturers 

located in Warsaw, Indiana the ability to connect to Denver and the west is importsHit to our 

economic climate and success. 

Mutual Bank is committed to using this new service whenever possible. Because the South Bend 

Regional Airport is close, lines are shorter and parking is affordable, we are inclined to use it rather 

ttian driving to a distant airport. We want to see a nonstop flight to Denver, CO from our local 

airport, and we are committed to seeing this new servk^e succeed and we will help to support it in 

anyway wecan. 

We uige you to fully fund the request from South Bend Regional Airport for a Small Community Air 

Service Development Grant. Thank you for your consideration. 

Sincerely, - ^ 

Max A. Courtney ^/" ^ 

Senior Vice President and Regional Executive 

Mutual Bank 

i-ii.nkv./iil-.pivjti.i'i'.com 

219 West Market Street • Warsaw, IN 46580. Phone 574-267-8186.800-340-6372
# DLA Troop Support Indo-Pacific warfighter support

/ Published March 22, 2019
PHILADELPHIA, 
As a field activity of the Defense Logistics Agency Troop Support headquartered in Pearl Harbor, Hawaii, the Defense Logistics Agency Troop Support Indo-Pacific works directly with customers and industry partners to support the military during day-to-day operations, humanitarian assistance and contingency missions. These photos represent some of the warfighter support they have provided throughout the region over the March 3-14 timeframe.
#### Lorraine L. Callahan, Appellant, v Dina E. Shekhman, Respondent.

[52 NYS3d 41]

*455Judgment, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered February 16, 2016, dismissing the complaint, and bringing up for review an order, same court and Justice, entered February 1, 2016, which granted defendant’s motion for summary judgment based on plaintiff’s inability to meet the serious injury threshold of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendant made a prima facie showing that plaintiff did not suffer a permanent or significant limitation in use of her cervical or lumbar spine as a result of the motor vehicle accident through the submission of an orthopedic surgeon’s report finding normal range of motion in each part (Insurance Law § 5102 [d]).

In opposition, plaintiff failed to raise a triable issue of fact. Plaintiff submitted affirmed reports of three physicians who treated her in the months following the accident, but none of them provided quantified results of range of motion testing or a qualitative assessment of any limitations in use resulting from injuries causally related to the accident *(see Hospedales v “John Doe”,*79 AD3d 536 [1st Dept 2010]). Plaintiff’s physical therapist’s findings were insufficient to raise an issue of fact, because a physical therapist cannot diagnose or make prognoses, and therefore any opinion she rendered on “permanency, significance [or] causation” would be “incompetent evidence” *(Henchy v VAS Express Corp.,*115 AD3d 478, 479 [1st Dept 2014]; *see Tornatore v Haggerty,*307 AD2d 522, 522-523 [3d Dept 2003]). Plaintiff presented no evidence of recent limitations in use of her neck or back to raise an issue of fact as to permanency.

Defendant established that plaintiff did not sustain an injury in the 90/180-day category by submitting plaintiff’s employment records showing that she returned to work part time less than 90 days after the accident, which defeats that claim (see *Tsamos v Diaz,*81 AD3d 546 [1st Dept 2011]). Plaintiff failed to submit evidence sufficient to rebut that showing.

Concur— Renwick, J.P., Mazzarelli, Manzanet-Daniels, Feinman and Webber, JJ.
#### Mary A. Grgich et al., Appellants, v City of New York, Respondent.

[770 NYS2d 91]

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Blackburne, J.), dated June 10, 2002, which granted the defendant’s motion for judgment as a matter of law at the close of the plaintiffs’ case.

Ordered that the order is reversed, on the law, the motion is denied, and a new trial is granted with costs to abide the event.

The instant accident occurred when the plaintiff Mary Ann Grgich stepped into a tree well on a public sidewalk and tripped over a tree stump in the tree well. The trial court granted the defendant judgment as a matter of law on the ground that the condition complained of was open and obvious.

In *Cupo v Karfunkel*(2 AD3d 48, 52 [ 2003]), this Court held that where a plaintiff “has presented evidence that a dangerous condition exists on the property, the burden shifts to the landowner to demonstrate that he or she exercised reasonable care under the circumstances to remedy the condition and to make the property safe” and the question of whether the defect was open and obvious goes to the issue of comparative negligence. The defendant would only be entitled to judgment as a matter of law for an open and obvious condition if liability is predicated on a duty to warn or the condition was “not inherently danger*681ous as a matter of law.” On this record, it cannot be said that the condition complained of was not inherently dangerous as a matter of law *(see Tuttle v State of New York ,*277 AD2d 1055 [2000]; *Garcia v City of New York,*173 AD2d 175 [1991]). Further, the evidence in the record does not establish as a matter of law that the defendant’s conduct was protected by qualified immunity *(see Cruz v City of New York,*201 AD2d 606 [1994]). Ritter, J.P., Smith, Goldstein and H. Miller, JJ., concur.
[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Notices]
[Page 30015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14513]



[[Page 30015]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Substance Abuse and Mental Health Services Administration


Center for Substance Abuse Treatment; Notice of Meeting

    Pursuant to Pub. L. 92-463, notice is hereby given of a 
teleconference meeting of the Center for Substance Abuse Treatment 
(CSAT) National Advisory Council to be held in June 1998.
    The meeting will include the review, discussion and evaluation of 
an individual grant application. Therefore the meeting will be closed 
to the public as determined by the Administrator, SAMHSA, in accordance 
with Title 5 U.S.C. 552b(c)(6) and 5 U.S.C. App. 2, Sec. 10(d).
    A summary of the meeting and roster of council members may be 
obtained from: Mrs. Marjorie Cashion, CSAT, National Advisory Council, 
Rockwall II Building, Suite 619, 5600 Fishers Lane, Rockville, Maryland 
20857, Telephone: (301) 443-8923.
    Substantive program information may be obtained from the contact 
whose name and telephone number are listed below.
    Committee Name: Center for Substance Abuse Treatment, National 
Advisory Council.
    Meeting Date: June 11, 1998.
    Place: Center for Substance Abuse Treatment, 5515 Security Lane, 
6th Floor Conference Room (Suite 617), Rockville, MD 20852.
    Type: Closed: June 11, 1998--2:30-3:30 p.m.
    Contact: Marjorie M. Cashion, Executive Secretary, Telephone: (301) 
443-8923, and FAX: (301) 480-6077.
    This notice is being published less than fifteen days prior to 
meeting date due to urgent needs to meet timing limitation imposed by 
the review and funding cycle.

    Dated: May 27, 1998.
Jeri Lipov,
Committee Management Officer, Substance Abuse and Mental Health 
Services Administration.
[FR Doc. 98-14513 Filed 6-1-98; 8:45 am]
BILLING CODE 4162-20-P