alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Gregory Dec, Appellant, v BFM Realty, LLC, et al., Respondents.

[59 NYS3d 453]

In an action to recover damages for fraud and violation of Judiciary Law § 487, the plaintiff appeals from an order of the Supreme Court, Kings County (Walker, J.), dated January 8, 2016, which granted the defendants’ motion pursuant to CPLR 3211 (a) (4) to dismiss the first cause of action alleging fraud, and for summary judgment dismissing the second cause of action alleging a violation of Judiciary Law § 487.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action alleging two causes of action. The first cause of action, alleging fraud, was asserted against the defendants BFM Realty, LLC, and' Abraham Lichtenstein. The second cause of action, alleging a violation of Judiciary Law § 487, was asserted against the defendants Goldberg & Rimberg, PLLC, Israel Goldberg, and Brad Coven (hereinafter collectively the attorney defendants). The defendants moved pursuant to CPLR 3211 (a) (4) to dismiss the first cause of action and for summary judgment dismissing the second cause of action. In an order dated January 8, 2016, the Supreme Court granted the motion. The plaintiff appeals.

“Pursuant to CPLR 3211 (a) (4), a court has broad discretion in determining whether an action should be dismissed based upon another pending action where there is a substantial identity of the parties, the two actions are sufficiently similar, and the relief sought is substantially the same. It is not necessary that the precise legal theories presented in the first action also be presented in the second action as long as the relief. . . is the same or substantially the same” *(Swartz v Swartz,*145 AD3d 818, 822 [2016] [internal quotation marks and citations omitted]; *see Whitney v Whitney,*57 NY2d 731, 732 [1982]). Here, the Supreme Court providently exercised its discretion in granting that branch of the defendants’ motion which was pursuant to CPLR 3211 (a) (4) to dismiss the first cause of action alleging fraud on the ground that there was another action pending for substantially the same relief.

The Supreme Court also properly granted that branch of the defendants’ motion which was for summary judgment dismissing the second cause of action alleging a violation of Judiciary Law § 487. “Judiciary Law § 487 exposes an attorney who ‘[i]s guilty of any deceit or collusion . . . with intent to deceive the *498court or any party’ to criminal (misdemeanor) liability and treble damages, to be recovered by the injured party in a civil action” *(Melcher v Greenberg Traurig, LLP,*23 NY3d 10, 12-13 [2014], quoting Judiciary Law § 487 [1]). Here, the defendants established, prima facie, that the attorney defendants did not commit deceit or collusion upon the court or any party *(see Lawrence Ripak Co., Inc. v Gdanski,*143 AD3d 862, 863 [2016]; *Klein v Rieff,*135 AD3d 910, 912 [2016]; *Specialized Indus. Servs. Corp. v Carter,*131 AD3d 1162 [2015]). In opposition, the plaintiff failed to raise a triable issue of fact.

Rivera, J.R, Hall, Barros and Brathwaite Nelson, JJ., concur.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           8,859
<SECURITIES>                                         0
<RECEIVABLES>                                   62,968<F1>
<ALLOWANCES>                                    15,605
<INVENTORY>                                     62,055
<CURRENT-ASSETS>                               151,918
<PP&E>                                          40,537
<DEPRECIATION>                                   4,199
<TOTAL-ASSETS>                                 204,518
<CURRENT-LIABILITIES>                           68,201
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<COMMON>                                           180
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<TOTAL-LIABILITY-AND-EQUITY>                   204,518
<SALES>                                        292,259
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<OTHER-EXPENSES>                                 (997)
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<INTEREST-EXPENSE>                               4,811
<INCOME-PRETAX>                                 43,847
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<NET-INCOME>                                    29,597
<EPS-PRIMARY>                                     1.70
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<FN>
<F1>ALLOWANCES NETTED AGAINST TRADE RECEIVABLES INCLUDE BOTH BAD DEBT RESERVES AND
SALES RETURN RESERVES.
</FN>
        

</TABLE>
Exhibit 12.1
 Ratio of Earnings to Fixed Charges
 Year Ended December 31,2008
    
    
    2007
    
    
    2006
    
    
    2005
    
    
    2004(in thousands)Fixed charges:Interest expense, including amortization
of debt issuance costs
    
    $
    3,785
    
    
    $
    4,068
    
    
    $
    5,076
    
    
    $
    3,613
    
    
    $
    2,129Portion of rent expense representative
of interest
    
    
    639
    
    
    
    1,015
    
    
    
    495
    
    
    
    426
    
    
    
    394Total fixed charges
    
    
    4,424
    
    
    
    5,083
    
    
    
    5,571
    
    
    
    4,039
    
    
    
    2,523Earnings (loss):Loss before provision for income taxes
    
    
    (36,671
    )
    
    
    (62,730
    )
    
    
    (157,248
    )
    
    
    (21,269
    )
    
    
    (22,621
    )Fixed charges per above
    
    
    4,424
    
    
    
    5,083
    
    
    
    5,571
    
    
    
    4,039
    
    
    
    2,523Total loss before fixed charges
    
    
    (32,247
    )
    
    
    (57,647
    )
    
    
    (151,677
    )
    
    
    (17,230
    )
    
    
    (20,098
    )Deficiency of earnings available to cover
fixed charges
    
    $
    (36,671
    )
    
    $
    (62,730
    )
    
    $
    (157,248
    )
    
    $
    (21,269
    )
    
    $
    (22,621
    )
164 A.3d 397

#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SCOTT DOUGLAS, DEFENDANT-PETITIONER.

March 16, 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. 09-10596.

#### Kathalina Monacelli, Petitioner v. New York State Banking Department, et al.

562 U.S. 802, 131 S. Ct. 91,

178 L. Ed. 2d 3,

2010 U.S. LEXIS 7798.

October 4, 2010.

Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari to the United States Court of Appeals for the Second Circuit dismissed. See Rule 39.8.
2016-1758.

#### State v. Smith.

Licking App. No. 16-CA-15, 2016-Ohio-7390.
#### The People of the State of New York, Respondent, v Michelle Cuthbertson, Appellant.

[66 NYS3d 131]

Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered January 21, 2016, unanimously affirmed.

Although we find that defendant did not make a valid waiver of the right to appeal, we perceive no basis for reducing the sentence.

Concur—Renwick, J.P., Manzanet-Daniels, Gische, Kahn and Singh, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET OF EPIX MEDICAL, INC. AS OF DECEMBER 31, 1997 AND FOR THE NINE MONTHS
PERIOD ENDED DECEMBER 31, 1995 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
<CIK> 0001027702
<NAME> EPIX MEDICAL, INC.
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             APR-01-1995
<PERIOD-END>                               DEC-31-1995
<EXCHANGE-RATE>                                      1
<CASH>                                         149,686
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               221,804
<PP&E>                                       1,841,338
<DEPRECIATION>                                 984,426
<TOTAL-ASSETS>                               1,210,765
<CURRENT-LIABILITIES>                        1,548,617
<BONDS>                                              0
<PREFERRED-MANDATORY>                        5,437,600
<PREFERRED>                                  1,037,664
<COMMON>                                        15,638
<OTHER-SE>                                 (9,871,010)
<TOTAL-LIABILITY-AND-EQUITY>                 1,210,765
<SALES>                                              0
<TOTAL-REVENUES>                               900,000
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             5,669,751
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             151,057
<INCOME-PRETAX>                            (4,892,928)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (4,892,928)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (4,892,928)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
No. 09-10028.

#### Winford Kent Bishop, Petitioner v. Departmental Disciplinary Committee for the First Judicial Department.

562 U.S. 822, 131 S. Ct. 381,

178 L. Ed. 2d 16,

2010 U.S. LEXIS 6673.

October 4, 2010.

Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis denied.
P.1 

OAR Box 1865 

Prepped by Charmelle Mathews 

Document Number: 

114)IV-K-(B)-9 

Docket Number: 

A-83-27 

Printed 12/3/2008 3:22:18 PM Sheet 114 of 198 
A-83-2 

P.2 

ENERGY AND ENVIRONMENTAL ANALYSIS, INC. 

1655 NORTH FORT MYER DRIVE ARLINGTON, VIRGINIA22209 703/528-1900 IV-K-(B)-9 

October 27, 1986 

Mr. Robert Pahel-Short 

Economic Analysis Branch (MD-12) 

U.S. Environmental Protection Agency 

Research Triangle Park, NC 27711 

Subject: EPA Contract No. 68-02-4202, Work Assignment No. 18 

Industrial Fuel Prices 

Dear Robert: 

The enclosed tables present industrial fuel prices expressed as after-tax 

net present values. These parameters are currently used in IFCAM's fuel 

choice decisions for new industrial boilers. These fuel prices are 

based on EEA's new 1986 industrial fuel oil and natural gas price 

projections and ICF's new 1986 industrial coal price forecast. 

Call me if you have any questions. 

Sincerely, 

Tim Hogan 

Enclosures 

cc: Dr. A. Wehe, EPA 

Ed Aul, Radian 

MANAGEMENT / ECONOMICS / ENGINEERING 
P.3 

TABLE 1. PROJECTED INDUSTRIAL OIL PRICES3 

(1985 $/MMBtu) 

HIGH OIL PRICES 

3.0% S Residual 

1.6% S Residual 

0.8% S Residual 

0.3% S Residual 

Distillate Fuel 

LOW OIL PRICES 

3.0% S Residual 

1.6% S Residual 

0.8% S Residual 

0.3% S Residual 

Distillate Fuel 

Fuel 

Fuel 

Fuel 

Fuel 

Oil 

Fuel 

Fuel 

Fuel 

Fuel 

Oil 

Oil 

Oil 

Oil 

Oil 

Oil 

Oil 

Oil 

Oil 

New 

England 

15.66 

16.43 

17.66 

18.30 

21.57 

10.82 

11.51 

12.50 

13.01 

15.30 

FEDERAL REGION 

South 

Atlantic 

15.36 

16.14 

17.34 

17.97 

21.07 

10.52 

11.23 

12.20 

12.70 

14.87 

Northwest 

14.97 

15.72 

16.80 

17.36 

18.75 

10.22 

10.89 

11.79 

12.24 

13.44 

3 After-tax net present values used in IFCAM. Based on a tax rate of 

50 percent, 8 percent real after-tax discount rate, and a 15 year period 

(beginning in 1987 with a two-year construction period and 13 years of 

operation, 1989 - 2001). 
P.4 

TABLE 2. PROJECTED INDUSTRIAL NATURAL GAS AND COAL PRICES3 

(1985 $/MMBtu) 

FEDERAL REGION 

New South 

England Atlantic Northwest 

HIGH OIL PRICES 

Carriage Market Natural Gas 

Non-carriage Market Natural Gas 

LOW OIL PRICES 

Carriage Flexible Market Natural Gas 

Non-carriage Flexible Market Natural Gas 

Carriage Rigid Market Natural Gas 

Non-carriage Rigid Market Natural Gas 

Bituminous Coal (lb S02/MMBtu) 

< 1.08 

1.08 - 1.67 

1.67 - 2.50 

2.50 - 3.33 

3.33 - 5.00 

>5.00 

Subbituminous Coal (lb S02/MMBtu) 

< 1.08 

1.08 - 1.67 

1.67 - 2.50 

16.85 

21.31 

11.91 

15.52 

12.74 

16.04 

12.06 

11.56 

10.99 

10.48 

10.30 

10.56 

N.A. 

N.A. 

N.A. 

16.09 

19.18 

11.72 

15.06 

12.31 

15.00 

9.87 

9.54 

9.57 

9.50 

8.97 

8.65 

N.A. 

N.A. 

N.A. 

15.24 

15.89 

11.73 

12.73 

11.59 

12.69 

10.12 

9.92 

9.59 

N.A. 

N.A. 

N.A. 

8.88 

8.60 

6.90 

3 After-tax net present values used in IFCAM. .Based on a tax rate of 

50 percent, 8 percent real after-tax discount rate, and a 15 year period 

(beginning in 1987 with a two-year construction period and 13 years of 

operation, 1989 - 2001).
#### The People of the State of New York, Respondent, v Allen Bell, Appellant.

[50 NYS3d 867]

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Daniel Fitzgerald, J. at plea; Richard Carruthers, J. at sentencing), rendered August 13, 2014, 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, Feinman, Gische and Gesmer, JJ.
# DLA Energy supports National Reconnaissance Office rocket launch

/ Published April 28, 2021
VANDENBERG AIR FORCE BASE, Calif., 
A Delta IV Heavy rocket carrying a national security payload designed, built, and operated by the National Reconnaissance Office launched from Space Launch Complex-6 at Vandenberg Air Force Base in California April 26.

Defense Logistics Agency Energy supplied the liquid hydrogen and liquid oxygen that powered the three United Launch Alliance rocket engines creating a combined total of more than 2.1 million pounds of thrust needed for liftoff.

“Incredible work by all to make this launch a success,” said DLA Energy Commander Air Force Brig. Gen. Jimmy Canlas. “I commend the DLA Energy Aerospace Team for their magnificent efforts in overcoming multiple challenges and obstacles to support our mission partners, the U.S. Space Force and NRO. Well done!”

As the Department of Defense Integrated Materiel Manager for space and space-related products, DLA Energy Aerospace Energy provides the fuel sources for a variety of DoD, federal and commercial space missions.

“An immense amount of work and preparation has gone into their effort,” said Doug Smith, DLA Energy Aerospace Energy Director of Supplier Operations. “The Delta IV Heavy is the largest and heaviest launch vehicle currently used by United Launch Alliance. Aerospace Energy provided major support to the NRO on this classified mission by providing the hydrogen (fuel) and oxygen (oxidizer) for the rocket itself as well as gaseous nitrogen to the pad. We also did a major upgrade via our contract to the gaseous nitrogen plant to support this launch.”

Smith said that to prepare for the launch, the three common rocket booster cores were loaded with 330,000 gallons of liquid hydrogen chilled to minus 423 degrees Fahrenheit. The liquid hydrogen, along with the liquid oxygen, is consumed by the three RS-68A main engines during the first minutes of the launch to exit Earth’s atmosphere.

Each space launch attempt consumes 160,000 gallons of liquid oxygen and 150,000 gallons of nitrogen support, Smith added.

“It is always something to be proud of when you are able to support the launch of a rocket, but this one was a major success for our customer, NRO, the U.S. Space Force, and the Aerospace Energy staff, who ensured the required hydrogen, oxygen and gaseous nitrogen were provided for this launch,” Smith said. “While the launch itself happens so quickly, there were years’ worth of work to assure all pre-launch activities were completed on time, to allow this launch to go up – and when it did, it was a thing of beauty!”

Space Launch Complex-6 is the West Coast home of the Delta IV rocket. According to the United Launch Alliance website, recently made pad upgrades to the facility ahead of the upcoming Delta IV Heavy launch of the NROL-82 mission for the NRO. NROL-82 was the 13th launch from this complex, the 9th by a Delta IV and 4th Heavy.
No. 09-1493.

#### William Lloyd Lightner, Petitioner v. Alabama.

562 U.S. 836, 131 S. Ct. 159,

178 L. Ed. 2d 39,

2010 U.S. LEXIS 5780.

October 4, 2010.

Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

Same case below, 64 So. 3d 1158.
#### In the Matter of Michael S., Jr., a Child Alleged to be Neglected. Erie County Department of Social Services, Respondent; Rebecca S., Appellant, et al., Respondent.

(Appeal No. 4.)

[51 NYS3d 921]

Appeal from an order of the Family Court, Erie County (Sharon M. Lo Vallo, J.), entered March 6, 2015. The order, among other things, continued the placement of the subject child with petitioner.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in *Matter of Emily W. (Michael*S.—*Rebecca S.)*([appeal No. 1] 150 AD3d 1707 [2017]).

Present— Centra, J.P., Carni, NeMoyer, Curran and Troutman, JJ.
Order filed December 22, 2020 

In The

Fourteenth Court of Appeals

____________

NO. 14-20-00787-CV

____________

KENNARD LAW, PC, Appellant

V.

JUDITH CLIFFORD, Appellee

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 2020-01737

O R D E R

This is an appeal from an order signed October 27, 2020. The notice of 

appeal was due November 17, 2020. See Tex. R. App. P. 26.1. Appellant, however, 

filed the notice of appeal on November 19, 2020, a date within 15 days of the due 

date for the notice of appeal. A motion for extension of time is necessarily implied 

when the perfecting instrument is filed within 15 days of its due date. Verburgt v. 

Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to 

extend time to file the notice of appeal. While an extension may be implied, 
2

appellant is still obligated to come forward with a reasonable explanation to 

support the late filing. See Miller v. Greenpark Surgery Center Assocs., Ltd., 974 

S.W.2d 805, 808 (Tex. App.—Houston [14th Dist.] 1998, no pet.). 

Accordingly, we ORDER appellant to file a proper motion to extend time to 

file the notice of appeal on or before 10 days after the date of this order. See Tex. 

R. App. P. 26.3;10.5(b). If appellant does not comply with this order, we will 

dismiss the appeal. See Tex. R. App. P. 42.3.

PER CURIAM

Panel Consists of Chief Justice Frost and Justices Jewell and Poissant.
# Logistics Information Services provides mission overview

/ Published Nov. 15, 2019
BATTLE CREEK, MI, 
                Logistics Information Services mission overview event                            Logistics Information Services provided an educational mission overview to Defense Logistics Agency Disposition Services associates and other federal employees Nov 14 at the Hart-Dole-Inouye Federal Center. DLIS mission is to develop and execute logistics data strategies for creating, obtaining, managing, and integrating logistics data to support the Department of Defense, federal agencies, and the North Atlantic Treaty Organization supply chain management functions.            SHARE IMAGE:Download ImageImage DetailsPhoto By: Jace ArmstrongVIRIN: 191114-D-OS362-133Logistics Information Services provided an educational mission overview to Defense Logistics Agency Disposition Services associates and other federal employees Nov 14 at the Hart-Dole-Inouye Federal Center.

DLIS mission is to develop and execute logistics data strategies for creating, obtaining, managing, and integrating logistics data to support the Department of Defense, federal agencies, and the North Atlantic Treaty Organization supply chain management functions.

"The Logistics Information Services Culture Team had a goal of sharing more detailed information with the workforce on our Lines of Effort and how they support the DLA Strategic Plan and to use the opportunity to bring awareness to other DLA organizations here in Battle Creek," said John Poudrier, DLIS culture champion.

Afterwards, DLIS associates showed their team spirit and warmed up with a chili cook-off and tailgate as part of a team building event.

                DLIS hosts team building event                            Logistics Information Services provided an educational mission overview to Defense Logistics Agency Disposition Services associates and other federal employees Nov 14 at the Hart-Dole-Inouye Federal Center. Afterwards, DLIS associates showed their team spirit and warmed up with a chili cook-off and tailgate as part of a team building event.            SHARE IMAGE:Download ImageImage DetailsPhoto By: Jace ArmstrongVIRIN: 191114-D-OS362-317

----
1 From:
Sent: Monday, June 29, 2015 8:58 PM
To: RedHill Subject: Protect our Water from Jet Fuel

Follow Up Flag: Follow up Flag Status: Flagged

I am horrified to think that this agreement aggravates the chances that I, my neighbors, and my fellow Hawaii residents will be exposed to toxic water le aking from Navy storage tanks in Red Hill.

Twenty-five years is far. far too long to wait before acting to save our mo st precious resource. If the leaks cannot be fixed within a year at most, then the tanks must be emptied.

It would be only fair to extend the public comment period on the negotia ted agreement between the U.S. Navy, Environmental Protection Agency, and Hawaii Department of Health be extended to allow the public to understand and weigh-in on th is important issue.

Please continue to keep me informed in this decision-making process.

Thank you.