alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Georgianna N., Appellant, v Carmen V. et al., Respondents.

[68 NYS3d 44]

Order, Family Court, New York County (Pamela Scheininger, Ref.), entered on or about April 15, 2015, which dismissed petitioner maternal grandmother Georgianna N.’s petition for post-adoption visitation of the subject children, unanimously affirmed, without costs.

The court properly dismissed the petition for visitation by the maternal grandmother as not in the subject children’s best interests *(see Matter of Ziarno v Ziarno,*285 AD2d 793 [3d Dept 2001], *lv denied*97 NY2d 605 [2001]). The adoptive mother testified that the children came into her care when they were one month old and three years old, respectively. At the time of her testimony, the grandmother had not seen the children in approximately three years and had no existing relationship with them, nor did they ask about her. Additionally, the children have significant behavioral and emotional issues, which are being addressed by the adoptive parents, a behavioral specialist, and a school therapist, who have implemented a highly structured program, which includes constant supervision in both the home and at school. The adoptive parents have *536been trained in the children’s behavioral program and how to address their behavior. The record strongly supports Family Court’s determination that introducing grandparent visitation into the children’s lives would significantly disrupt their routines, would be detrimental to their progress, and would present a risk of regression to their previous behavior. In addition, the grandmother has previously taken the children to visit their biological parents, and wrongly told them that they would once again live with the biological parents, whose rights were terminated in 2011. Moreover, the children’s behavioral specialist has indicated that anyone with unsupervised, or even supervised, contact with the children first must undergo extensive training regarding their special needs.

We have considered petitioner’s remaining arguments and find them unavailing.

Concur—Tom, J.P., Friedman, Renwick, Kahn and Kern, JJ.
# DLA Energy Middle East changes command

/ Published Aug. 9, 2021

Defense Logistics Agency Energy Middle East bid farewell to Air Force Lt. Col. Jennifer Neris and welcomed the incoming commander, Army Lt. Col. Alberto Cordova, during a virtual Change of Command Ceremony in Bahrain, Aug. 4.

Commander of DLA U.S. Central Command and Special Operations Command, Army Col. Gerard Acosta, presided over the ceremony virtually from CENTCOM headquarters at MacDill Air Force Base, Florida.

“Jennifer’s team provided world-class support to our joint and coalition forces across the CENTCOM area. From the tactical to the strategic, bulk fuel management to international agreements, posturing Saudi Arabia for a future operational environment, and supporting our Afghanistan withdrawal, Jennifer exuded all the traits of a strategic leader,” Acosta said. “Because of her leadership, we are proud to call her our teammate.”

Neris received the Defense Meritorious Service Medal for her leadership and management of more than 40 direct delivery fuel sites, 17 fuel support points, 12 international agreements and 56 contracts across 11 countries throughout the CENTCOM area of operations. 

“Lieutenant Colonel Neris' attention to detail was critical to the fuel drawdown across Afghanistan in support of the Presidential withdrawal timeline,” the citation read. “She led the closure of Defense Fuel Support Points in Kabul and Bagram three months ahead of schedule.”

In her remarks, Neris thanked her Deputy Director Sloane Struse for his expertise and in-depth knowledge of bulk fuels. She also thanked the Middle East Energy team.

“You all make the job look easy even though we know it is not,” she said. “It has been an honor serving alongside each and every one of you over the past year. I wish you all the best in the future.”

During the event, Neris ceremoniously passed the DLA flag to Cordova signifying the passing of command and the responsibility of the organization’s mission and people. 

During his remarks, Cordova thanked Neris and the team for their support during his transition

“You’ve left some big shoes to fill,” he told Neris. “I look forward to continuing the great work you’ve started.”

The DLA Energy Middle East mission is to provide comprehensive fuel management support to Central Command and other government activities operating in the Middle East and Central Asia. Operating from Bahrain, the region provides comprehensive energy solutions to the warfighter in real-time, focusing on wartime effectiveness and peacetime efficiency.
# 2022 DLA Hall of Fame inductee: Janet Hoffheins

/ Published Aug. 12, 2022
FORT BELVOIR, Va., 
*Editor’s Note: This is one of six stories featuring 2022 DLA Hall of Fame inductees. A ceremony highlighting their contributions to the agency will be held Aug. 17 at the McNamara Headquarters Complex.*

The leader who helped make Defense Logistics Agency Human Resources Services the preferred service provider by Fourth Estate agencies is a member of the 2022 DLA Hall of Fame.

Janet Hoffheins was the DHRS administrator from 2009 through 2016 and oversaw execution of services including recruiting, employee relations, position classification and career development.

As administrator, she championed cost-effective and efficient service to employees and customers. And when the 2005 Base Realignment and Closure decisions brought multiple defense agencies into DHRS’ service model, she worked with personnel directors to ensure seamless transition of support. The agency’s onboarding program for newcomers was also developed under Hoffheins’ leadership.

During Defense Department-wide furloughs in 2013, the Texas native and Federal Executive Institute graduate helped minimize the impact on employees as they continued the DLA mission. She also removed redundancies and standardized HR services by realigning them under a single operational director overseeing two locations.

“Her efforts resulted in an effective, high-performing workforce, consistently delivering exceptional support across the enterprise,” according to her nomination.

Hoffheins served as DLA Human Resources deputy director earlier in her career from October 2000 to September 2004. She also served as the executive director for staffing, labor and employee relations, representing DLA on boards, working groups and committees at the Office of Personnel Management and DOD.
Order entered September 17 , 2020

In The 

### Court of Appeals Fifth District of Texas at Dallas
No. 05
- 20
- 00704
- CV LORY K. WILSON, ET AL. , Appellant s

V. CAPITAL PARTNERS FINANCIAL GROUP USA, INC. , ET AL. , Appellee s

On Appeal from the 44th Judicial District Court

Dallas County, Texas Trial Court Cause No. DC
- 18
- 09275

ORDER
Befo re the Court is the September 16 , 2020 unopposed amended motion of appellant Lory K. Wilson for an extension of time to file her brief on the merits.
We GRANT the motion and extend the time to September 25, 2020

.
/s/ BILL WHITEHILL JUSTICE
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, December 08, 2016.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, December 08, 2016

The Court of Appeals hereby passes the following order

A17A0393. LORI DAVIS v. IGNACIO AMBROSIO NINHO.

Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW 

THE APPEAL in the above styled case, it is ordered that the motion is hereby GRANTED.
# Preparing for emergency situations takes center stage on DSCR

/ Published Sept. 26, 2022
RICHMOND, Va., 
In recognition of September being National Preparedness Month, Defense Logistics Agency Installation Management Richmond, Virginia’s Security and Emergency Services hosted a preparedness fair in the lobby of the DLA Aviation Operations Center (Bldg. 46) on Defense Supply Center Richmond Sept. 22.

Various personnel from different divisions within DLA Installation Management Richmond provided useful information to those who stopped by during the event, including preparing for possible emergency situations, domestic violence prevention, active shooter response, suspicious activity reporting, crime prevention, fire safety and other related topics.
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No. 09-11254.

#### George J. Mead, Petitioner v. Nevada.

562 U.S. 870, 131 S. Ct. 168,

178 L. Ed. 2d 100,

2010 U.S. LEXIS 6416.

October 4, 2010.

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

Same case below, 126 Nev. 738.
#### The People of the State of New York, Respondent, v Dameon Jones, Appellant.

[61 NYS3d 495]

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered September 9, 2014, convicting defendant, after a jury trial, of grand larceny in the fourth degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to an aggregate term of 2 to 4 years, unanimously affirmed.

The court properly declined to charge petit larceny as a lesser included offense of fourth-degree grand larceny, because it was not supported by a reasonable view of the evidence, viewed most favorably to defendant. Defendant’s theory that he took the victim’s phone from an otherwise-empty subway seat was speculative, unsupported by any trial evidence, and contrary to a police officer’s testimony that defendant took the phone from the victim’s pocket *(see People v Vataj,*107 AD3d 610 [1st Dept 2013], *lv denied*21 NY3d 1077 [2013]; *People v Holloway,*45 AD3d 477 [1st Dept 2007], *lv denied*10 NY3d 766 [2008]). Furthermore, a finding that defendant committed petit larceny would have necessarily depended on that officer’s testimony, *512and a reasonable view of the evidence cannot be based on “selective dissection” of a witness’s “integrated testimony” *(People v Rivera,*23 NY3d 112, 121 [2014]).

Defendant’s remaining claims are unpreserved *(see People v Parker,*63 AD3d 537, 538 [1st Dept 2009]), and we decline to review them in the interest of justice. As an alternative holding, we find that the prosecutor properly elicited testimony from the arresting officers about “lush workers” who steal from sleeping subway passengers *(People v Linton,*139 AD3d 416 [1st Dept 2016], *lv denied*28 NY3d 933 [2016]; *People v Bright,*111 AD3d 575 [1st Dept 2013], *lv denied*22 NY3d 1137 [2014]), and that the challenged portions of the prosecutor’s opening statement and summation, while inappropriate, present no basis for reversal *(see People v D Alessandro,*184 AD2d 114 [1st Dept 1992], *lv denied*81 NY2d 884 [1993]; *People v Black,*110 AD3d 569 [1st Dept 2013], *lv denied*23 NY3d 1059 [2014]).

Concur — Manzanet-Daniels, J.P., Mazzarelli, Webber and Oing, JJ.
No. 10-5022.

#### Robin Neil Snyder, Petitioner v. United States.

562 U.S. 823, 131 S. Ct. 384,

178 L. Ed. 2d 19,

2010 U.S. LEXIS 6684.

October 4, 2010.

Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until October 25, 2010, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Same case below, 365 Fed. Appx. 508.
[Federal Register Volume 63, Number 117 (Thursday, June 18, 1998)]
[Rules and Regulations]
[Page 33248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16237]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 08-98-029]


Drawbridge Operating Regulation; Ouachita River, Louisiana

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation from regulations

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

SUMMARY: The Commander, Eighth Coast Guard District has issued a 
temporary deviation from the regulation governing the operation of the 
Union Pacific Railroad vertical lift bridge across the Ouachita River, 
mile 114.3, near Riverton, Caldwell Parish, Louisiana. This deviation 
allows the Union Pacific Railroad to close the bridge to navigation 
from 7 a.m. until 5 p.m. on Monday, June 22, 1998, and Wednesday, June 
24, 1998. This temporary deviation is issued to allow for the 
replacement of rail expansion joints on the vertical lift span.

DATES: This deviation is effective from 7 a.m. until 5 p.m. on Monday, 
June 22, 1998, and Wednesday, June 24, 1998.

FOR FURTHER INFORMATION CONTACT:
Mr. David Frank, Bridge Administration Branch, Commander (ob), Eighth 
Coast Guard District, 501 Magazine Street, New Orleans, Louisiana, 
70130-3396, telephone number 504-589-2965.

SUPPLEMENTARY INFORMATION: The Union Pacific Railroad vertical lift 
span bridge across the Ouachita River near Riverton, Caldwell Parish, 
Louisiana has a vertical clearance of 7 feet above mean high water, 
elevation 71 feet Mean Sea Level, in the closed-to-navigation position 
and 57 feet in the open to navigation position. Navigation on the 
waterway consists primarily of tugs with tows and occasional 
recreational craft. Presently, the draw opens on signal for the passage 
of vessels.
    The Union Pacific Railroad requested a temporary deviation from the 
normal operation of the bridge in order to do maintenance work on the 
bridge. The work consists of replacing the rail expansion joints on the 
bridge. This work is essential for the continued safe operation of the 
vertical lift span.
    This District Commander has, therefore, issued a deviation from the 
regulations in 33 CFR 117.5 authorizing the Union Pacific Railroad 
vertical lift span bridge across the Ouachita River, Louisiana to 
remain in the closed-to-navigation position from 7 a.m. until 5 p.m. on 
Monday, June 22, 1998, and Wednesday, June 24, 1998.

    Dated: June 10, 1998.
A.L. Gerfin, Jr.,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist. Acting.
[FR Doc. 98-16237 Filed 6-17-98; 8:45 am]
BILLING CODE 4910-15-M
No. 10-5339.

#### Jiten D. Mehta, Petitioner v. United States.

562 U.S. 916, 131 S. Ct. 279,

2010 U.S. LEXIS 7326.

178 L. Ed. 2d 184,

October 4, 2010.

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

Same case below, 594 F.3d 277.
#### Gloria Stern, Respondent, v Starwood Hotels and Resorts Worldwide, Inc., Appellant.

[52 NYS3d 58]

Order, Supreme Court, New York County (Richard F. Braun, J.), entered on or about October 6, 2016, which, to the extent appealed from as limited by the briefs, denied as premature defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff alleges that she suffered injuries when she tripped over a defective walkway at the Four Points by Sheraton Ann Arbor Hotel in Michigan, which was owned by ZLC Inc., a Michigan corporation unrelated to defendant Starwood Hotels and Resorts Worldwide, Inc. (Starwood) *(see Stern v Four Points by Sheraton Ann Arbor Hotel,*133 AD3d 514 [1st Dept 2015]). ZLC operated the hotel using the “Four Points by Sheraton” name pursuant to a license agreement with nonparty The *497Sheraton Corporation, which is identified in that agreement as “an indirect, wholly-owned subsidiary” of Starwood.

In support of its motion for summary judgment, Starwood demonstrated that it did not own or control the hotel, and that, under the terms of the license agreement with Sheraton, ZLC was an independent contractor and was responsible for the day-to-day operations of the hotel. Under these circumstances, even if Starwood were a party to the license (or franchise) agreement, the mere existence of a franchise relationship would not provide a basis for the imposition of vicarious liability against Starwood for the negligence of the franchisee, ZLC *(see Martinez v Higher Powered Pizza, Inc.,*43 AD3d 670 [1st Dept 2007]; *Schoenwandt v Jamfro Corp.,*261 AD2d 117 [1st Dept 1999]).

However, in opposition, plaintiff submitted evidence that Starwood’s reservations website holds the hotel out to the public as a Starwood property, and that plaintiff relied on the representations on Starwood’s website in choosing to book a room at the hotel. This evidence of public representations and reliance may support a finding of apparent or ostensible agency, which may serve as a basis for imposing vicarious liability against Starwood *(Fogel v Hertz Intl.,*141 AD2d 375 [1st Dept 1988]; *see also Taylor v Point at Saranac Lake, Inc.,*135 AD3d 1147, 1148-1149 [3d Dept 2016]; *Friedler v Palyompis,*12 AD3d 637, 638 [2d Dept 2004]). Although the license agreement required ZLC to disclose that it was an “independent legal entity operating under license” from Sheraton and to place “notices of independent ownership” on the premises, Starwood did not provide any evidence that ZLC complied with those requirements.

Accordingly, the motion court properly found that the motion for summary judgment was premature, since plaintiff is entitled to discovery of matter exclusively within Starwood’s control concerning issues relating to its possible agency relationship with the hotel, including its reservations system and advertising (CPLR 3212 [f]; *see Ross v Stuart Intl.,*275 AD2d 650, 651 [1st Dept 2000]).

Concur — Friedman, J.P., Richter, Mazzarelli, Feinman and Gische, JJ.
#### Arthur Brown, Appellant, v Christopher Street Owners Corp. et al., Respondents.

[769 NYS2d 513]

Order, Supreme Court, New York County (Harold Tompkins, J.), entered April 2, 2002, which denied plaintiffs motion to reinstate a claim under Labor Law § 202, unanimously affirmed, without costs.

*173Defendant Anne Hack, a proprietary tenant and shareholder in defendant Christopher Street Owners Corp., a residential cooperative, hired plaintiff to clean her apartment windows. While cleaning the outside surface of a window, plaintiff slipped off the exterior sill and fell three stories to the courtyard.

On a previous appeal from the disposition of opposing summary judgment motions, this Court modified an order dismissing plaintiffs cause of action pursuant to Labor Law § 240 (1) as against defendant cooperative and its managing agent to dismiss the complaint in its entirety (211 AD2d 441 [1995]); the Court of Appeals affirmed, noting the parties’ failure to address Labor Law § 202 in their briefs (87 NY2d 938, 939 [1996]). A subsequent motion to resettle this Court’s order so as to limit dismissal to the cause of action based on Labor Law § 240 (1) was denied. Plaintiff then commenced a second action, which was dismissed on the ground of res judicata, this Court affirming (256 AD2d 78 [1998], *lv denied*93 NY2d 804 [1999]).

While the original complaint sought recovery pursuant to Labor Law §§ 202 and 240 (1), it stated that “defendants are absolutely liable” for plaintiffs injuries. On his motion for summary judgment, plaintiff quoted a prior order, in which Supreme Court remarked that this action was pleaded “as a violation of Labor Law § 240” because plaintiff “explicitly stated he has no negligence claim.” Thus, upon finding plaintiff’s Labor Law § 240 (1) claim to be unavailing as against any party, this Court dismissed the complaint (211 AD2d 441 [1995]).

Labor Law § 202 requires the application of comparative negligence principles because statutory liability is predicated on a violation of the Industrial Code *(see Bauer v Female Academy of Sacred Heart,*97 NY2d 445, 452-453 [2002]), which constitutes only “some evidence of negligence” *(Elliott v City of New York,*95 NY2d 730, 735 [2001]). Thus, from the outset, the section 202 claim was inconsistent with plaintiff’s theory of recovery premised upon absolute liability, and plaintiffs failure to raise the issue before the Court of Appeals (87 NY2d 938, 939 [1996]) merely confirmed his intention to abandon this basis of liability. Concur—Buckley, P.J., Andrias, Saxe, Williams and Gonzalez, JJ.
No. 09-11169.

#### Raymond Militante Rebaya, Petitioner v. United States.

562 U.S. 865, 131 S. Ct. 152,

178 L. Ed. 2d 91,

2010 U.S. LEXIS 6805.

October 4, 2010.

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

Same case below, 368 Fed. Appx. 770.
. . De artment of Environmental Qualit p 

To protect, conserve and enhance the quality of Wyoming's " 

environment for the benefit of current and future generations. , 

Matthew H. Mead, Governor John Corra, Director 

June 25, 2012 

JUL 0 ~: 2017 

Sadie Hoskie 8P-W-WW 

U.S. EPA, Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Re: Vessel General Permit and Small Vessel General Permit, 401 Certification 

Dear Ms. Hoskie: 

In accordance with the provisions of Section 401 of the Clean Water Act regarding water quality 

certifications of federal permits which may discharge to waters of the state, this office has 

reviewed the proposed vessel and small vessel general perrnits and has made the following 

determination: 

It is unlikely that either of the proposed permits have any significant application to vessels which 

may be operating in waters in the state of Wyoming. Therefore, we are waiving certification on 

both permits because of a general lack of applicability. 

Sincerely, 

v 

John V. Corra 

Director 

JVC/WJD/rm/12-0568 

cc: John Wagner, WDEQ 

Bill DiRienzo, WDEQ 

Herschler Building • 122 West 25th Street - Cheyenne, WY 82002 - http://deq.state.wy.us 

ADMINIOUTREACH ABANDONED MINES AIR QUALITY {NDUSTRIAL SITING LAND QUALITY SOLID 8 HAZ. WASTE WATER QUALITY 

(307)777-7758 (307)777-6145 (307)777-7391 (307)777-7369 (307)777-7756 (307)777-7752 (307)777-7781 

FAX 777-7682 FAX 777-6462 FAX 777-5616 FAX 777-6937 FAX 777-586d FAX 777-FQ71 FAY 777-007'A
No. 10-5536.

#### Patrick D. Lomas, Petitioner v. United States.

562 U.S. 927, 131 S. Ct. 315,

2010 U.S. LEXIS 7130.

178 L. Ed. 2d 205,

October 4, 2010.

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

Same case below, 376 Fed. Appx. 365.