alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### C.T. Holdings, Ltd., Respondent, v The Schreiber Family Charitable Foundation, Inc., et al., Defendants, and Meir Aaron Schreiber, Also Known as Marc Aaron Schreiber, Appellant.

[61 NYS3d 532]

Judgment, Supreme Court, New York County (Charles E. Ramos, J.), entered February 10, 2016, which, upon granting plaintiffs motion for summary judgment on its claim to renew a judgment entered November 5, 1998, adjudged that plaintiff was entitled to recover against defendants the principal sum of the underlying judgment, plus interest from the original date of entry, unanimously affirmed, without costs.

Plaintiff judgment creditor timely commenced this action for a renewal judgment more than ten years after the docketing of the original judgment as a lien against appellant’s property (CPLR 5014 [1]). Plaintiff made a prima facie showing of its entitlement to a renewal judgment by demonstrating that defendants have not satisfied any part of the judgment *(see Premier Capital, LLC v Best Traders, Inc.,*88 AD3d 677, 677-678 [2d Dept 2011]). In opposition, appellant argued that plaintiff was not entitled to a renewal judgment because it had unreasonably delayed in enforcing the original judgment, while interest accumulated on the judgment and tax liens were imposed. On appeal, he argues that the equitable doctrine of laches applies since his circumstances have worsened during the ten years since the judgment was docketed.

The “mere delay” in enforcement of a judgment, without actual prejudice resulting from the delay, does not constitute laches *(Premier Capital*at 678; *see Saratoga County Chamber of Commerce v Pataki,*100 NY2d 801, 816 [2003], *cert denied*540 US 1017 [2003]; *Matter of Linker,*23 AD3d 186, 189 [1st Dept 2005]). Appellant relies on facts outside the record which, in any event, do not constitute injury or prejudice resulting from plaintiff’s delay. The accumulation of postjudgment interest does not support a claim of laches, since plaintiff is entitled by statute to interest on the unpaid amount of the original judgment, which is valid for twenty years (CPLR 211 [b]; 5004), regardless of whether the judgment is renewed.

Concur— Friedman, J.P., Manzanet-Daniels, Kapnick, Kern and Singh, JJ.
#### Josefina Valle et al., Respondents, v Popular Community Bank, Formerly Known as Banco Popular North America, Appellant.

[50 NYS3d 868]

Order, Supreme Court, New York County (Anil C. Singh, J.), entered on or about February 18, 2016, which, to the extent appealed from, denied in part defendant’s motion to dismiss the cause of action under General Business Law § 349, unanimously affirmed, without costs.

The complaint states a claim under General Business Law § 349 by alleging that defendant employed a deceptive and misleading consumer-oriented policy, not disclosed to plaintiff, of high-to-low reordering of ATM transactions that resulted in plaintiffs’ being charged an additional overdraft fee on April 18, 2012 *(see Gaidon v Guardian Life Ins. Co. of Am.,*94 NY2d 330, 344 [1999]; *Levin v HSBC Bank USA, N.A.,*2012 NY Slip Op 33164[U], *32-33 [Sup Ct, NY County 2012], *compare Feld v Apple Bank for Sav.,*116 AD3d 549 [1st Dept 2014], *lv denied*23 NY3d 908 [2014]). The claim is also properly supported by allegations that defendant provided plaintiffs with inaccurate balance information, often showing a positive balance when in fact their account balance was negative, and failed to provide *634real-time notice that a given transaction would overdraw the account, despite the feasibility of doing so, and that these practices also resulted in additional overdraft fees.

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

Concur — Friedman, J.P., Richter, Fein-man, Gische and Gesmer, JJ.
2017-0972.

#### State v. Holloway.

Butler App. No. CA2016-08-152, 2017-Ohio-4039. On review of an order certifying a conflict. It is determined that no conflict exists. Cause dismissed.

O’Donnell and O’Neill, JJ., dissent.
# DLA Distribution Commanding General's Veterans Day Address

/ Published Nov. 10, 2020
NEW CUMBERLAND, Pa., 
Distribution Teammates,

On the 11th hour of the 11th day of the 11th month of 1918, an armistice, or temporary cessation of hostilities, was declared between the Allied nations and Germany in the First World War. Observed as Armistice Day beginning the following year, November 11th became a legal federal holiday in the United States in 1938. In the aftermath of World War II and the Korean War, Armistice Day became Veterans Day, a day set aside to honor American veterans of all wars who served honorably in the military during peace and war.

As we approach Veterans Day, I want to recognize our veterans...active-duty service members, guardsmen, and reservists who have served our great country. I am proud to say that over 2,600 DLA Distribution employees are veterans — still serving this country with the same sense of duty and perseverance. Thank you for your service, your resiliency, for your contributions to our nation, the many ways you continue to serve your communities and our nation, and your continued commitment to the DLA mission.

I ask you to pause this Veterans Day to remember the significance of the sacrifices made by current veterans and those from generations past who served on embattled shores, both here and abroad, to protect our freedom.

I encourage you to take advantage of this Veterans Day– enjoy a well-deserved day of leave, stay safe and remember to personally thank a Veteran for their service! If you choose to gather with family and friends to celebrate, please do your part to make sure we don’t see a spike in COVID-related cases over the next several weeks by reviewing the CDC guidelines for social gatherings. Because COVID-19 virus circulation varies in communities, these considerations are meant to supplement state, local, or territorial, health and safety laws, rules, and regulations.

And finally, I ask that you remember to keep the deployed Soldiers, Marines, Sailors, Airmen and their families in mind as you celebrate our freedom they continue to defend.

BGen Keith D. Reventlow, USMCCommanding GeneralDLA Distribution
# DLA Installation Management Richmond works to improve Parker Pond

/ Published July 7, 2020
Richmond, Va., 
One of the advantages of working on Defense Supply Center Richmond is its location in an idyllic part of Virginia. The natural resources and outdoor beauty are perks, and among the more popular spots is Parker Pond.

Parker Pond is a two-acre freshwater pond located in the center of the installation, adjacent to the Bettye Ackerman-Cobb Child Development Center. The pond’s namesake, James Parker, was a local farmer who worked the land that eventually became the installation.

“Ensuring that the pond remains a usable and attractive recreational site for the center’s employees has always been a priority of Defense Logistics Agency Installation Management Richmond,” said Jimmy Parrish, chief of the installation’s Environmental Management Division.

Over the past year, Parrish said, several improvements have been made to the pond and its environment.

“The dam located on the pond’s southern banks, which allows for the manual control of the water level, was thoroughly inspected and tested, and all cracks and imperfections were repaired,” he said. “Next, a new aeration system was installed. This system, which pumps and ejects water through a floating fountain, serves to stir the pond’s water, providing needed oxygen for its aquatic inhabitants.”

Acting on the idea and initiative of Ben Gray, a plumbing and pipe fitting mechanic in the installation’s Maintenance Branch, nearly 1,300 fish—minnows, catfish and blue gills—were recently added to the pond. An automatic fish feeder will be installed to ensure a ready food source. 

“Parker Pond is a very relaxing place for DSCR employees to visit,” said Keith Westerkamm, supervisory maintenance mechanic and chief for the Fire Protection Office in the Installation Operations Division of DLA Installation Management Richmond. 

“Many individuals already enjoy participating in our catch-and-release program,” Westerkamm said. “With the growth and maturation of our new fish, we could possibly hold future fishing contests that could double as team and morale building events.”
[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Notices]
[Page 30510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14801]


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

DEPARTMENT OF THE INTERIOR


National Recreation Lakes Study; Notice of Interest Briefing

AGENCY: National Recreation Lakes Study.

ACTION: Notice of Interest Briefing on National Recreation Lakes Study.

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

SUMMARY: The Omnibus Parks and Public Land Management Act of 1996 
authorizes a presidential commission to review the demand for 
recreation at Federal lakes, and to develop alternatives for enhanced 
recreation uses, primarily through innovative public/private 
partnerships. This briefing will provide information on the study and 
allow for ideas to be expressed. Commissioner designee, Dr. John 
Zirschky, Acting Assistant Secretary of the Army, will be in 
attendance.

DATES: June 11, 1998, starting at 10 a.m.

ADDRESSES: The briefing location is in the first floor Auditorium of 
the South Interior Building, 1951 Constitution Ave. NW. Please have 
photo identification available for admission into the building.

FOR FURTHER INFORMATION CONTACT: Jeanne Whittington, 202-219-7104.

    Dated: May 29, 1998.
Jana Prewitt,
Executive Director, National Recreation Lakes Study.
[FR Doc. 98-14801 Filed 6-3-98; 8:45 am]
BILLING CODE 4310-94-P
Spring forward with DST, working smoke alarms
 
  By Fire Prevention Office, Fire & Emergency Services
  Defense Logistics Agency Installation Management Richmond’s Fire Prevention Office would like to remind everyone of the importance of changing your smoke detector batteries when you move your clock forward March 8, in conjunction with Daylight Saving Time. The smoke detectors could be the most important safety equipment in your home, but in many cases, they are the least maintained. You can ensure your smoke detectors are working properly by doing the following in conjunction with Daylight Saving Time:
• Check the date of manufacture on your smoke detectors. If they are more than 10 years old, it’s time to replace them.
• Change the batteries. You should be testing the batteries each month, but if you don’t, changing the batteries in conjunction with Daylight Saving Time is a step in the right direction.
• Install smoke detectors in every bedroom, outside each sleeping area and on every level of the home including the basement.
• Do not cover or paint over smoke detectors. Currently, all residential structures are required to have a working smoke detector. Unfortunately, this requirement is often overlooked by homeowners, landlords and tenants. As a result, almost three of every five home fire deaths resulted from fires in homes in the United States with no smoke alarms or no working detectors at the time of the fire incident from 2012-2016. Of the detectors present in households with fires, only 57% were in working condition. Even with smoke detectors present, residential fires can result in fatalities. Most fatalities are attributed to the following conditions:
• Being in the room where the fire started.
• Starting the fire, either accidentally or on purpose.
• Smoke inhalation while trying to put out a fire.
• Being disabled or 75 years old or older.
• Non-working smoke detectors. To help prevent injury and death in the event of a home fire, fire prevention officials recommend having an evacuation plan in place and reviewing it regularly with everyone living in your home. For further assistance or questions, please contact the DLA Richmond Fire Prevention Office at
(804) 279-6782.
# Annual event focuses on families and fun

/ Published June 21, 2019
Fort Belvoir, Virginia, 
The theme for the 2019 McNamara Headquarters 21st Family Day, “Believe in us – Family Strong!” was reinforced June 20 during the annual event providing a fun atmosphere for HQC employees to connect with family members as well as their guests and colleagues.

Leading the audience to come together to shout, “Family strong!” Defense Logistics Agency Director Army Lt. Gen. Darrell Williams welcomed guests on behalf of leaders from the Defense Threat Reduction Agency, Defense Contract Audit Agency and the Defense Technical Information Center. Williams called forward children ages 7 and under and encouraged the audience’s applause for them, adding that they are what the event is all about.

The general said at the inception of the event Family Day drew only about 2,000 people, but 8,000 is now the norm.

Williams presented the McNamara sports and fitness cup, created to help foster a robust sports and recreation program, and to build esprit de corps among the HQC tenant organizations. For the second year in a row, DLA secured the prize.

The general thanked the event sponsors and volunteers from all HQC organizations who handed out schedules, answered questions and pointed visitors toward food vendors and entertainment venues.

Despite the many outdoor activities for adults and children, including pony rides, games, rock-climbing, karaoke and basketball, many attendees sought a respite from the heat in the McNamara Auditorium for the “HQC Got Talent” show and to watch movies.

Talent show winners are:
      - First place: Sabrina and Kenneth Morris, Kenneth is from DLA Information Operations
      - Second place: Alex Cano, DLA Energy
      - Third place: Valerie Nibblins, DLA Joint Contingency Acquisition Support Office

Human Resources Specialist Bryant Dunston from DLA Human Resources has been attending the Family Day event for 15 years. He said he enjoys meeting his colleagues’ families.

“You get an opportunity to see some of your co-workers outside of a suit and tie,” he said. “You see more of their character — on the dance floor and at karaoke, out playing games — you see another side to them.”

Dunston said he appreciated the caricature artists and the corn hole game most of all. He also brought his two godsons, ages 2 and 4, who enjoyed the moon bounce and the food.

“They always gravitate toward the pony rides and the fire truck,” he said. “It’s a great event!”

*For more photos from Family Day, please see the Family Day gallery. This link is only accessible using a DLA employee Common Access Card certificate.*
#### The People of the State of New York, Respondent, v Jarette Anderson, Appellant.

[60 NYS3d 184]

-Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Honorof, J.), rendered April 7, 2016, convicting him of criminal possession of a weapon in the second degree (two counts), criminal possession of a weapon in the fourth degree, criminal possession of a controlled substance in the fifth degree (two counts), menacing a police officer, criminal possession of a controlled substance in the fourth degree, criminal possession of a controlled substance in the seventh degree (two counts), and resisting arrest, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant’s omnibus motion which were to suppress physical evidence and statements he made to law enforcement officials.

Ordered that the judgment is affirmed.

The hearing court properly found that the police had probable cause to arrest the defendant *(see People v Yunga,*110 AD3d 1018 [2013]; *People v Prego,*102 AD3d 814, 814-815 [2013]; *cf. People v Robinson,*103 AD3d 421, 421-422 [2013]). Accordingly, the court properly declined to suppress the physical evidence recovered, and the statements he made to law enforcement officials, incident to his arrest *(see People v Peradze,*15 AD3d 678, 678-679 [2005]; *People v Maldonado,*244 AD2d 759, 762 [1997]).

The defendant contends that his plea of guilty was not knowing, voluntary, or intelligent. This issue is unpreserved for appellate review, since the defendant failed to move to vacate his plea prior to the imposition of sentence or otherwise raise the issue in the Supreme Court *(see People v Molina,*146 AD3d 815, 815-816 [2017]; *People v Sirico,*135 AD3d 19, 22 [2015]; *617
      *People v Isaiah S.,*130 AD3d 1081, 1081-1082 [2015]). In any event, the defendant’s contentions are belied by the record. The record reveals that the court advised the defendant of his rights under *Boykin v Alabama*(395 US 238 [1969]) and other constitutional rights he was forfeiting by pleading guilty *(see People v Molina,*146 AD3d at 816; *People v Sirico,*135 AD3d at 22; *People v Isaiah S.,*130 AD3d at 1082). Furthermore, the defendant acknowledged that he had discussed the plea with his attorney and that he was satisfied with his attorney’s representation *(see People v Molina,*146 AD3d at 816). The record as a whole affirmatively demonstrates that the defendant entered his plea of guilty knowingly, voluntarily, and intelligently *(see People v Conceicao,*26 NY3d 375, 382-383 [2015]; *People v Harris,*61 NY2d 9, 19-20 [1983]; *People v Molina,*146 AD3d at 816).

The defendant’s remaining contention is without merit.

Balkin, J.P., Chambers, Maltese and Duffy, JJ., concur.
**Exhibit
        23.1**
  **CONSENT
        OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**
 
  We
        consent to the incorporation by reference in Registration Statement No.
        333-124011 (Form S-8) of Axion Power International, Inc. and Subsidiaries
        of our
        report, dated October 1, 2007, on the consolidated financial statements as
        of
        and for the year ended December 31, 2005, appearing in this Annual Report
        on
        Form 10-KSB of Axion Power International, Inc. and Subsidiaries for the year
        ended December 31, 2006.
   /s/
        FREED
        MAXICK & BATTAGLIA, CPAs, PC
 
 Buffalo,
        New York
 March
        31,
        2008
**Record of Ex Parte Contacts** 

Docket No. FAA - 2012 - 1068 Directorate Identifier: 201 1 - NM - 0 73 - AD **With whom outside the FAA has this AD action been discussed (i.e., Design Approval Holder, manufacturer, ATA, NBAA, RAA, AOPA, ALPA, GAMA, etc**  **?** ORGANIZATION PER SON CONTACTED DATE RESPONSE DAH - Boeing Paul Richter 6/30/ 2 010 Concur. ATA Jo e White 3 / 2 2/2 011 No response.

Other/Additional Information:
No. 09-1374.

#### Melvin Sternberg, et al., Petitioners v. Logan T. Johnston, III.

562 U.S. 831, 131 S. Ct. 102,

178 L. Ed. 2d 29,

2010 U.S. LEXIS 6502.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 595 F.3d 937.
# Rock Your Mocs winner announced

/ Published Dec. 1, 2021

The Native American/Alaskan Native Employment Program has announced the winner of the 2021 Rock Your Mocs contest is Steven Zimmer. Zimmer is a resolution specialist with Defense Logistics Agency Land and Maritime's Maritime Supplier Operations directorate.
163 A.3d 347

#### IN THE MATTER OF PAUL W. BERGRIN, AN ATTORNEY AT LAW (ATTORNEY NO. 034651980)

June 28, 2017

ORDER

The Disciplinary Review Board having filed with the Court its decision in DRB 16-196, recommending that as a matter of final discipline pursuant to *Rule*1:20-13(c), PAUL W. BERGRIN, formerly of NEWARK, who was admitted to the bar of this State in 1980, and who has been temporarily suspended from the practice of law since June 16, 2009, be disbarred based on his conviction of numerous federal offenses, including but not limited to, conspiracy to murder a witness and racketeering, conduct that violates *RPC*8.4(b)(commission of a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer);

And PAUL W. BERGRIN having been ordered to show cause why he should not be disbarred or otherwise disciplined;

And good cause appearing;

It is ORDERED that PAUL W. BERGRIN be disbarred, effective immediately, and that his name be stricken from the roll of attorneys;

ORDERED that PAUL W. BERGRIN be and hereby is permanently restrained and enjoined from practicing law; and it is further ORDERED that PAUL W. BERGRIN comply with *Rule*1:20-20 dealing with disbarred attorneys; and it is further

ORDERED that the entire record of this matter be made a permanent part of respondent’s file as an attorney at law of this State; and it is further

*508ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs and actual expenses incurred in the prosecution of this matter, as provided in *Rule*1:20-17.
No. 09-11442.

#### Forrest Hammond, Petitioner v. Louisiana.

562 U.S. 880, 131 S. Ct. 198,

178 L. Ed. 2d 120,

2010 U.S. LEXIS 7093.

October 4, 2010.

Petition for writ of certiorari to the Supreme Court of Louisiana denied.

Same case below, 31 So. 3d 354.
#### 525 Lancaster Ave Apts, LP v. Berks County Bd. of Assessment Appeals; Berks County Bd. of Assessment Appeals, In re

10/27/2015

304 MAL (2015)

Denied

Pa.Cmwlth., 111 A.3d 1231
# DLA Distribution Red River rapidly deploys wheeled vehicles 

/ Published Aug. 16, 2022
NEW CUMBERLAND, Pa., 
A Friday request for four M142 high mobility artillery rocket system vehicles is met head on by Defense Logistics Agency Distribution’s Red River, Texas, workers. The DDRT team rapidly turned the order around, shipping the four wheeled precision strike weapons systems by truck within 24 hours to Military Ocean Terminal Sunny Point, near Southport, North Carolina, Aug. 15, 2022.

                One of four wheeled precision strike weapons systems is loaded for shipment Aug. 16, 2022 at Military Ocean Terminal Sunny Point, near Southport, North Carolina. Defense Logistics Agency Red River, Texas, workers received the request on Friday and had the vehicles loaded and shipped in 24 hours.                            DLA Distribution Red River rapidly deploys wheeled vehicles                            One of four wheeled precision strike weapons systems is loaded for shipment Aug. 16, 2022 at Military Ocean Terminal Sunny Point, near Southport, North Carolina. Defense Logistics Agency Red River, Texas, workers received the request on Friday and had the vehicles loaded and shipped in 24 hours.            SHARE IMAGE:Download ImageImage DetailsPhoto By: DLA DistributionVIRIN: 220816-D-D0441-0001

“DDRT has a team of dedicated professionals who understand the importance of these missions and we’ve established collaborative teams to accomplish challenging objectives. Our deputy, Fred Hildrich's experience operating outside the United States, has given him a unique perspective on the position of the U.S. on the world stage and the impact of these types of strategic missions. It was a team effort,” said Army Lt. Col. Sonia Huertas.

HIMARS are all-weather, 24/7, lethal and responsive wheeled precision strike weapons systems that provide close and long range precision rocket and missile fire support for the warfighter. HIMARS are rapidly deployable, quickly enhancing warfighter effectiveness.

                Four wheeled precision strike weapons systems arrive Aug. 15, 2022, to Military Ocean Terminal Sunny Point, near Southport, North Carolina.  Defense Logistics Agency Distribution Red River, Texas, received the request on Friday and had the vehicles out the door in 24 hours.                            DLA Distribution’s Red River, Texas team                            Four wheeled precision strike weapons systems arrive Aug. 15, 2022, to Military Ocean Terminal Sunny Point, near Southport, North Carolina.  Defense Logistics Agency Distribution Red River, Texas, received the request on Friday and had the vehicles out the door in 24 hours.            SHARE IMAGE:Download ImageImage DetailsPhoto By: DLA Distribution Public AffairsVIRIN: 220818-D-D0441-5826