alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Arbitration Between City of Buffalo, Respondent, and Brand-on Services, Inc., Respondent. Morton H. Wittlin, Intervenor-Plaintiff-Appellant.

[51 NYS3d 916]

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered January 11, 2016. The judgment granted petitioner’s motion to dismiss the complaint of intervenor-plaintiff Morton H. Wittlin.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, and the complaint is reinstated.

Memorandum: Intervenor-plaintiff Morton H. Wittlin commenced this action against petitioner, the City of Buffalo (City), seeking a declaration that he has a valid security interest in certain floating docks in the Erie Basin Marina. The City moved to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action and for a declaration that ownership of the floating docks is free and clear of any right or interest possessed by Wittlin. Supreme Court granted the City’s motion, dismissed the complaint, and made the declaration sought by the City.

As a preliminary matter, we note that because this is a declaratory judgment action, the court erred in dismissing the complaint *(see Tumminello v Tumminello,*204 AD2d 1067, 1067 [1994]; *see generally Maurizzio v Lumbermens Mut. Cas. Co.,*73 NY2d 951, 954 [1989]). In any event, we conclude that the court erred in granting the substantive relief sought by the City. Contrary to the City’s view, its evidentiary submissions do not conclusively establish that the City owned the docks in 2009 and that Wittlin does not have a valid security interest in the docks *(see Donald Braasch Constr., Inc. v State Ins. Fund,*98 AD3d 1302, 1302-1304 [2012]; *Pittsford Plaza Co. LP v TLC W. LLC,*45 AD3d 1272, 1273-1274 [2007]; *see generally Fillman v Axel,*63 AD2d 876, 876 [1978]).

Present—Whalen, P.J., Carni, NeMoyer, Curran and Troutman, JJ.
No. 12-8689.

#### Gonzalez-Alvarez *v.*United States.

C. A. 9th Cir. Certiorari denied.
Exhibit No. 32.5   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 this report of Questar Gas Company (the Company) on Form 10-Q/A, Amendment No. 2 for the period ended June 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the Report), Ronald W. Jibson, President and Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:  (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 Company.  QUESTAR GAS COMPANY   September 19, 2011 /s/Ronald W. Jibson Ronald W. Jibson President and Chief Executive Officer
#### The People of the State of New York, Respondent, v Latrevette Smith, Appellant.

[768 NYS2d 670]

— Peters, J.

Appeal from a judgment of the Supreme Court (Keegan, J.), rendered September 11, 2001 in Albany County, convicting defendant upon her plea of guilty of the crime of attempted assault in the first degree.

Following her involvement in a stabbing incident, defendant was charged with attempted murder in the second degree, assault in the first degree, assault in the second degree and criminal possession of a weapon in the third degree. She pleaded *1058guilty to attempted assault in the first degree in full satisfaction of the charges and agreed to an eight-year prison term to be followed by a five-year period of postrelease supervision. Defendant was sentenced, in accordance with the plea agreement, as a second felony offender. She now appeals.

Initially, defendant is precluded from challenging the factual sufficiency of the plea inasmuch as she did not move to withdraw the plea or vacate the judgment of conviction *(see People v Wehrle,*308 AD2d 660, 661 [2003]; *People v Baker,*301 AD2d 868, 868 [2003], *lv dismissed*99 NY2d 625 [2003]). The narrow exception to the preservation rule is inapplicable as defendant did not state anything during the plea colloquy to cast significant doubt upon her guilt *(see People v Lopez,*71 NY2d 662, 666 [1988]; *People v Cabezas,*307 AD2d 594, 595 [2003], *lv denied*100 NY2d 618 [2003]; *People v Baker, supra*at 868-869). In any event, even if we were to consider defendant’s claim, we would find it to be unpersuasive. “[Defendant's affirmative responses to [Supreme] Court’s questions established the elements of the crime charged and there is no indication in the record that the voluntary plea was baseless or improvident” *(People v Kemp,*288 AD2d 635, 636 [2001]; *see People v Baker, supra*at 869). Furthermore, we find no merit to defendant’s challenge to the severity of the sentence. Defendant was sentenced in accordance with the plea agreement and, given the violent nature of the crime and defendant’s criminal record, we perceive no extraordinary circumstances warranting a reduction of the sentence in the interest of justice *(see People v Townsend,*306 AD2d 761, 762 [2003], *lv denied*100 NY2d 625 [2003]).

Crew III, J.P., Spain, Rose and Kane, JJ., concur. Ordered that the judgment is affirmed.
# Medical receives ‘best in class’ acquisition award

/ Published Aug. 25, 2020
PHILADEPHIA, 
The Defense Logistics Agency’s Electronic Catalog Program received the Office of Management and Budget Best-In-Class designation August 19.DLA Troop Support Medical personnel worked for more than nine months with the Joint Medical Category Management Team to detail the cost benefits of the ECAT Program and justify its BIC designation, said Medical Director Army Col. Matthew Voyles.“This designation will compel other federal agencies to evaluate using ECAT to obtain the 1.1 million items on its catalogs placing upward pressure on DLA’s sales and revenue,” Voyles said.ECAT is an ecommerce platform where customers can browse, compare and order medical implants, laboratory, dental, optical fabrication, and commercial medical and surgical equipment items.BIC is a contracting and acquisition designation used for contracts that meet rigorous category management performance criteria as defined by OMB, said Senior Policy Analyst Meredith Romley.“This BIC-designated contract represents a preferred government-wide solution and provides a unique opportunity to leverage the government's buying power,” Romley said.The BIC designation provides acquisition experts access to pre-vetted, market-proven government-wide contract solutions, spending optimization, and increases the transactional data available for agency level and government-wide analysis of buying behavior.ECAT offers nearly 1.1 million medical items from 215 vendors across the U.S. to more than 7,000 potential federally-funded customers worldwide, delivering quality medical products at fair and reasonable prices, Voyles explained. The program specializes in providing niche medical items not normally provided by medical prime vendors or large national distributors.In fiscal year 2019 ECAT sales exceeded $916 million by supporting customers from the Department of Defense, Veterans Affairs, Health and Human Services and other federal departments and agencies.ECAT allows customers to compare product and vendor attributes like price, delivery options, past performance and small business considerations. It also provides an average discount of 20% off traditional purchasing methods.“Months of hard work by our Senior Acquisition Executive William Kenny and the Medical supply chain leadership brought this to fruition,” said DLA Troop Support Commander Army Brig. Gen. Gavin Lawrence.
#### Grant Kelley, M.D., Respondent, v Martha A. Kronenberg, Appellant.

(Appeal No. 1.)

[768 NYS2d 875]

— Appeal from that part of an order of Supreme Court, Onondaga County (Centra, J.), entered September 10, 2002, that denied defendant’s cross motion to set aside the verdict.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs *(see Smith v Catholic Med. Ctr. of Brooklyn & Queens,*155 AD2d 435 [1989]; *see also*CPLR 5501 [a] [1]). Present—Pine, J.P., Wisner, Scudder, Gorski and Lawton, JJ.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 6612** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v.

NORMAN TYRONE DAIS , Defendant

- Appellant

.

Appeal from the United States District Court for the District of South Carolina , at Florence

. Terry L. Wooten , District Judge. ( 4:03

- cv
- 00386

- TLW

- 1 )

Submitted : July 22, 2010 Decided: August 3, 2010

Before NIEMEYER, GREGORY, and SHEDD , Circuit Judges.

Affirmed by un published per curiam opinion

.

Norman Tyrone Dais, Appellant Pro Se. Rose Mary Sheppard Parham, Assistant United States Attorney, Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Norman Tyrone Dais appeals the district c ourt’s order denying his Fed. R. Civ. P. 60(b)(3) motion based on allegations
of fraud, misrepresentation and misconduct. We have reviewed
the record and find Dais did not establish misconduct by clear
and convincing evidence or show that he was prevented from presenting his case. See Schultz v. Butcher , 24 F.3d 626, 630 (4th Cir. 1994). Accordingly, we find the court did not abuse
its discretion denying the motion. Id. We affirm the court’s
order. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional

process.

AFFIRMED
# Lt. Kimberly Cull, US Navy, is awarded the Maj. Gen. Michael J. Lally III DLA Distribution Excellence in People and Culture award

/ Published Oct. 21, 2020
NEW CUMBERLAND, Pa., 
Navy Lt. Kimberly Cull, Defense Logistics Agency Distribution Pearl Harbor, Hawaii, is awarded the Maj. Gen. Michael J Lally III DLA Distribution Excellence in People and Culture award.

Identifying and acting upon the “secret ingredient” that is the lives and people of the workforce, Cull undertook initiatives to improve the culture of the workplace. Her efforts not only improved the lives of the work force, but also had a direct impact in improving the overall efficiency and effectiveness of DDPH.

Cull exemplified the qualities of integrity, commitment and burning desire to excel. Whether in communicating with union and local shop stewards, or tracking vacancies and centralizing hiring actions, Cull has become the go-to person in handling personnel requirements. Cull personally submitted 107 hiring actions that resulted in the staffing of 62 critical vacancies, ensuring no disruptions to mission completion.

Leveraging her graduate level education and experience Cull created an in-house fully integrated personnel tracking system. Her system alone reduced overall employee onboarding wait times by approximately 25%. The entire system she developed was undertaken on her own initiative, without request from command.

Cull repeatedly found ways to streamline the current implementation of training, tracking and requisition to make the command flow more efficient and save countless man hours of work by allowing automation take over mundane tasks.

Cull also lead the charge on a work culture initiative that emphasizes rewarding initiative and outstanding performance. Her efforts directly lead to an increase in overall morale and efficiency output as Cull’s human resources expertise proved invaluable.

Despite the high pressure environment of an ever evolving landscape of warfighter support, Cull managed to always remember and place value on the workforce. Her knowledge, capabilities and empathy toward others make her an invaluable asset to DLA Distribution, and are a great reflection upon herself.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### F LORIDA



### S ECOND 

### D ISTRICT

RODERICK HAMILTON

,

Appellant

,

v.

STATE OF FLORIDA

,

Appellee.

No. 2D 2024

- 0720

July 19, 2024

Appeal pursuant to Fla. R. App. P. 9.1 41(b)(2) from the Circuit Court for

Manatee County; Frederick P. Mercurio , Judge.

Roderick Hamilton, pro se.

P ER C URIAM

.

Affirmed.

CASANUEVA

, BLACK , and LUCAS

, JJ., Concur.

Opinion subject to revision prior to official publication.
No. 12-7473.

#### Amos *v.*United States.

C. A. 6th Cir. Cer-tiorari denied.
#### Joan Hansen *& Co.,*Inc., Appellant, v Everlast World’s Boxing Headquarters Corp., Respondent, et al., Defendants.

[768 NYS2d 329]

Order, Supreme Court, New York County (Charles Ramos, J.), entered December 23, 2002, which, in an action by a licensing consultant to recover commissions under its “representation agreement” with defendant-respondent Everlast World’s Boxing Headquarters Corp. (the licensor), insofar as appealed from, granted the licensor’s motion for summary judgment dismissing the first cause of action for breach of contract, unanimously affirmed, without costs.

The facts are set out in our prior decision (296 AD2d 103 [2002]). We clarify that the obligation of defendant Everlast Worldwide Inc., formerly known as Active Apparel Group, Inc. (the licensee), to pay royalties to the licensor was terminated not by the licensee’s mere acquisition of the licensor *(see Wilson*
      *267
      *v Mechanical Orguinette Co.,*170 NY 542 [1902]; Business Corporation Law § 906 [b] [3]), but by the agreement dated as of October 24, 2000 (the wraparound agreement) pursuant to which the licensor granted the licensee a royalty-free license. While defendants should have pleaded the wraparound agreement as an affirmative defense in their answer (CPLR 3018 [b]), summary judgment can be granted on an unpleaded defense where, as here, the opponent of the motion has not been surprised and fully opposed the motion *(Rogoffv San Juan Racing Assn.,*54 NY2d 883 [1981]). Plaintiff contends that there are issues of fact as to the validity of the wraparound agreement and that it should have been given the opportunity to conduct discovery before summary judgment was granted against it. However, discovery cannot avail plaintiff in view of our previous decision that “the damages sought by plaintiff for its lost commissions are not recoverable as a matter of law” (296 AD2d at 107). We also reject plaintiffs contention that article VI (3) (a) of the representation agreement, which provides for a reduction of plaintiffs commissions at the rate of 11/4% for each1/2% reduction of royalty fees below *6%,*is ambiguous. As we previously said, “[t]he only reasonable construction of the contract is that if no revenue is received, no commission is payable” (296 AD2d at 111). Nor does it avail plaintiff to argue that equity requires that the royalties be deemed paid to or constructively received by the licensor. “[E]quitable considerations will not allow an extension of [contract language] beyond its fair intent and meaning in order to obviate objections which might have been foreseen and guarded against” *(Caporino v Travelers Ins. Co.,*62 NY2d 234, 239 [1984]). We have considered plaintiffs other arguments and find them unavailing. Concur— Nardelli, J.P., Saxe, Friedman, Marlow and Gonzalez, JJ.
159 A.3d 889

#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RONALD B. GREENE (A/K/A RONALD B. GREEN), DEFENDANT-PETITIONER.

February 1, 2017

ON PETITION FOR CERTIFICATION

To the Appellate Division, Superior Court:

A petition for certification of the judgment in [ A-XXXXXX-XX ] having been submitted to this Court, and the Court having considered the same;

It is ORDERED that the petition for certification is denied.
No. 12-666.

#### Pickens *v.*Household Finance Corp., III, et al.

Sup. Ct. Fla. Certiorari denied.
#### The People of the State of New York, Respondent, v Terry Smith, Appellant.

[769 NYS2d 776]

— Judgment unanimously affirmed. Counsel’s motion to be relieved of assignment granted *(see People v Crawford,*71 AD2d 38 [1979]). (Appeal from Judgment of Monroe County Court, Maloy, J. — Attempted Criminal Sale Controlled Substance, 3rd Degree.) Present—Pigott, Jr., P.J., Green, Pine, Hurlbutt and Kehoe, JJ.
```

[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Notices]
[Pages 29975-29976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14509]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

Submission for OMB Review; Comment Request

ACTION: Notice.

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

[[Page 29976]]

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provision of 
the Paperwork Reduction Act (44 U.S.C. Chapter 35).
    Title, Associated Form, and OMB Number: Department of Defense 
Application for Priority Rating for Production or Construction 
Equipment; DD Form 691; OMB Number 0704-0055.
    Type of Request: Extension.
    Number of Respondents: 610.
    Responses Per Respondent: 1.
    Annual Responses: 610.
    Average Burden per Response: 1 hour.
    Annual Burden Hours: 610.
    Needs and Uses: Executive Order 12919 delegated to DoD authority to 
require certain contracts and orders relating to approved Defense 
Programs to be accepted and performed on a preferential basis. This 
program helps contractors acquire industrial equipment in a timely 
manner, thereby facilitating development and support of weapons systems 
and other important Defense Programs. This information is used so the 
authority to use a priority rating can be granted. This is done to 
assure timely availability of production or construction equipment to 
meet current Defense requirements in peacetime and in case of national 
emergency. Without this information DoD would not be able to assess a 
contractor's stated requirement to obtain equipment needed for 
fulfillment of contractual obligations.
    Affected Public: Business or Other For-Profit; Not-For-Profit 
Institutions.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: Mr. Peter N. Weiss.
    Written comments and recommendations on the proposed information 
collection should be sent to Mr. Weiss at the Office of Management and 
Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    DOD Clearance Officer: Mr. Robert Cushing.
    Written requests for copies of the information collection proposal 
should be sent to Mr. Cushing, WHS/DIOR, 1215 Jefferson Davis Highway, 
Suite 1204, Arlington, VA 22202-4302.

    Dated: May 27, 1998.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 98-14509 Filed 6-1-98; 8:45 am]
BILLING CODE 5000-04-M
```
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|View History:  Monthly  Annual Download Data (XLS File)                                              
|View History:  Monthly  Annual                                                                        
|View History:  Monthly  Annual                                                                        
|View History:                                                                                         
|                                                                                                      
|Price of Cameron, LA Liquefied Natural Gas Exports to United Kingdom (Dollars per Thousand Cubic Feet)
|                                                                                                      
|                                                                                                      
|Price of Cameron, LA Liquefied Natural Gas Exports to United Kingdom (Dollars per Thousand 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                                                                                                                            |        |        |        |        |        |        |        | --     | --     | 5.85  
|2020's                                                                                                                            | 6.87   | 7.62   | 9.88   | 6.06   |        |        |        |        |        |       
|- = 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
#### Com. v. Page-Jones

03/29/2016

479 WAL (2015)

Denied

Pa.Super., 134 A.3d 494
# New voting equipment coming to DSCC

/ Published Aug. 27, 2019
COLUMBUS, Ohio, 
The Franklin County Board of Elections will showcase new voting equipment this week at the Defense Supply Center Columbus as part of a voter education program in collaboration with the installation’s Federal Women’s Program and Office of Equal Employment Opportunity and Diversity. The equipment will be on display from 11 a.m. to 1:30 p.m. Wednesday outside the Buckeye Room in DSCC’s Operations Center and associates will have the opportunity to see firsthand how the new system works.

The Board of Elections began rolling out more than 3,200 touch-screen devices in February as part of a hybrid voting equipment initiative. The new voting system upgrades the traditional fill-in-the-circle ballot by allowing voters to cast their votes via touch-screen devices, print the completed ballots and then deposit them into the ballot counting scanner. Traditional paper ballots will continue to be available and will be deposited into the same ballot counting scanner.

For more information on the equipment, visit https://vote.franklincountyohio.gov