alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Christopher Piggott, Appellant, v Lifespire, Inc., et al., Respondents.

[50 NYS3d 565]

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated November 4, 2015, which granted the defendants’ separate motions pursuant to CPLR 3211 (a) (3) to dismiss the complaint insofar as asserted against each of them based on his alleged lack of capacity.

Ordered that the order is reversed, on the law, with one bill of costs payable by the defendants, the defendants’ separate motions pursuant to CPLR 3211 (a) (3) to dismiss the complaint insofar as asserted against each of them are denied, and the matter is remitted to the Supreme Court, Kings County, for further proceedings, including a hearing and determination as to the plaintiff’s ability to adequately prosecute his rights and the appointment of a guardian ad litem to protect his interests, if warranted.

The plaintiff, who has never been judicially declared incompetent, commenced this action to recover damages for personal injuries. By way of background information, he alleged, inter alia, that he previously had been diagnosed as “severely mentally retarded,” that he receives ongoing medical and psychiatric treatment at a residential facility for the developmentally disabled, and that he is entirely dependent on others for his care. Based on these allegations, the defendants separately moved pursuant to CPLR 3211 (a) (3) to dismiss the *786complaint insofar as asserted against each of them on the ground that the plaintiff lacked the legal capacity to sue. The Supreme Court granted the motions.

An individual who is of unsound mind, but who has not been judicially declared incompetent, may sue or be sued in the same manner as any other person (see *Sengstack v Sengstack,*4 NY2d 502 [1958]; *Bryant v Riddle,*259 AD2d 399 [1999]; *Mitsinicos v New Rochelle Nursing Home,*258 AD2d 630 [1999]; *Matter of Huber v Mones,*235 AD2d 421 [1997]; *Piasecki v Rashib,*203 AD2d 443 [1994]). Therefore, the Supreme Court erred in directing summary dismissal of the complaint based upon the plaintiff’s alleged lack of mental capacity. Rather, since the plaintiff may require the assistance of a guardian ad litem to protect his interests, the court should have conducted a hearing to determine whether a guardian should be appointed for the plaintiff pursuant to CPLR 1201 *(see e.g. Matter of Mary H. [Sanders-Spencer],*126 AD3d 794 [2015]; *Resmae Mtge. Corp. v Jenkins,*115 AD3d 926 [2014]; *Tudorov v Collazo,*215 AD2d 750 [1995]; *Shad v Shad,*167 AD2d 532 [1990]; *Matter of Carmen G.F.,*63 AD2d 651 [1978]).

Accordingly, we reverse the order, deny the motions, and remit the matter to the Supreme Court, Kings County, for a hearing and determination as to the plaintiffs ability to adequately prosecute his rights and the appointment of a guardian ad litem to protect the plaintiff’s interests, if warranted.

Mastro, J.R, Chambers, Miller and Barros, JJ., concur.
Exhibit 10.01


 


Directors
Compensation Arrangements


 


September
29, 2004


 


Members of the Board of Directors of Cascade Natural Gas Corporation are
compensated for their services on the Board of Directors and Board committees
as follows:


 


Non-employee directors each receive an annual stipend of $5,000, as
well as a fee of $500 for each Board or Committee meeting attended, or a
Committee fee of $250 if the Committee meeting is held on the same day as the
Board meeting.


 


The Chair of the Audit Committee, the Pension Committee, the Governance
Nominating and Compensation Committee and ad hoc Committees, each will receive
an additional annual stipend of $5,000 per year.  Payment for service as a Committee Chair is
to be prorated if service is for a partial year.


 


The Chairman of the Board receives $2,500 per month.


 


The Directors named as “financial experts” will receive an additional
annual stipend of $3,000, as long as they are not already being compensated for
being the Chair of the Audit Committee or the Chairman of the Board.


 


Each Director also receives annually 500 shares of the Corporation’s
common stock for service pursuant to the 2000 Directors Stock Award Plan.  Directors may elect to defer receipt of
his/her shares until he/she is no longer a member of the Board of Directors
pursuant to such plan.


 


Employee directors receive no additional compensation for serving as
directors.


 


1
No. 09-11543.

#### Steven M. Jacob and Daniel T. Meis, Petitioners v. Robert P. Houston, Director, Nebraska Department of Correctional Services, et al.

562 U.S. 952, 131 S. Ct. 395,

178 L. Ed. 2d 249,

2010 U.S. LEXIS 7846.

October 4, 2010.

Motion of petitioner Daniel T. Meis for leave to proceed in *250forma 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. Petition for writ of certiorari as to Steven M. Jacob denied.
Exhibit 32.1

                            Certification pursuant to
                             18 U.S.C. Section 1350,
                             as adopted pursuant to
                  Section 906 of the Sarbanes-Oxley Act of 2002

Richard P.  McStravick,  President and Chief Executive  Officer,  and Anthony J.
Fabiano,  Senior Vice  President  and Chief  Financial  Officer of Sound Federal
Bancorp, Inc. (the "Company"), each certify in his capacity as an officer of the
Company that he has reviewed  the  Quarterly  Report of the Company on Form 10-Q
for the  quarterly  period ended  September 30, 2004 and that to the best of his
knowledge:

      (1)   the report fully  complies with the  requirements  of Sections 13(a)
            and 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.

The purpose of this  statement  is solely to comply  with Title 18,  Chapter 63,
Section  1350 of the United  States  Code,  as  amended  by  Section  906 of the
Sarbanes-Oxley Act of 2002.

A signed  original of this  written  statement  required by Section 906 has been
provided to Sound  Federal  Bancorp,  Inc. and will be retained by Sound Federal
Bancorp,  Inc. and furnished to the  Securities  and Exchange  Commission or its
staff upon request.

November 5, 2004               /s/ Richard P. McStravick
----------------               -------------------------
Date                           President and Chief Executive Officer

November 5, 2004               /s/ Anthony J. Fabiano
----------------               ----------------------
Date                           Senior Vice President and Chief Financial Officer


                                       29
Pamela F. Faggert Vice President and ChiefEnvironmental Officer Dominion Resources Services, Inc. 5000 Dominion Boulevard, Glen Allen, VA 23060 Phon" 804-273-3467

ByElectronic Delivery: mailto:drabin@mde.state.md.us February 16, 2011

Ms. Deborah Rabin Regulations Coordinator Air and Radiation ManagementAdministration Department ofthe Environment 1800Washington Boulevard, Suite 730 Baltimore, MD 21230-1720 Re: Comments ofDominion Cove PointLNG, LP and Dominion Transmission Inc. onthe State ofMaryland Department ofthe EnvironmentRequest for Comments onProposed Regulatoryrevisions to Include Greenhouse Gases in TitleV and NSR PSD PennittingPrograms

DearMs. Rabin: Dominion Cove Point LNG, LP and Dominion Transmission Inc. ("Dominion") appreciate the opportunity to submit comments to the Maryland Department of the Environment ("MDE") regarding the request for comments on Proposed Regulatory Revisions to Include Greenhouse Gases in Title V and NSR PSD Pennitting Programs. As MDE is aware, Dominion owns and operates one ofthe nation's largest liquefied natural gas (LNG) import facilities in Lusby, Maryland and provides gas transportation services in Maryland as well as five other states

- Ohio, West Virginia, Pennsylvania, New York, and Virginia. The proposed amendments consist ofthe addition ofdefinitions of"greenhouse gases" and "carbon dioxide equivalent emissions" to the air quality regulations. They also designate levels ofgreenhouse gas emissions that would require a source owner to apply for a pennit under DEP's new source review prevention of significant deterioration (NSR PSD) and Title V operating pennitprograms. We are pleased that these proposed Maryland amendments are consistent with the Federal Tailoring Rule requirements and that, beyond the requirement to obtain a pennit; the proposed amendments do not include any emissions standards or control requirements for greenhouse gases.Deborah Rabin By Electronic Delivery February 16,2011 Page 2 The Tailoring Rule requires that Maryland adopt the necessary requirements. Ifit fails to do so, EPA may impose the requirements directly on Maryland sources through a Federal Implementation Plan (FIP). In a separate rulemaking, EPA has already proposed such a FIP. Ifimplemented, we are concerned that such a FIP would result in dual permittingbyEPA and MDE. This could significantly slowthe issuance ofpermits and modifications as well as increase costs to Maryland businesses. Therefore, we support the expeditious promulgation ofMaryland's proposed regulatory revisions to include greenhouse gases in Title V and NSR PSD Permitting Programs and to amend the State ImplementationPlan (SIP) for Air Qualityto reflecttheseprovisions. Dominion appreciates MDE's consideration ofthese important issues. Ifyou have any questions, please call Paula Hamel at 804-273-3024 or e-mail at paula.a.hamel@dom.com. fryerelY , 

# n

# ~J~~7j PamelaF. Faggert



### cc: Carolyn Moss, Dominion I

### I I



# I
[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)]
[Notices]
[Page 31525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15331]


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

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that on May 28, 1998, three proposed consent decrees in 
United States v. The Monsanto Company, et al., Civil Action No. 4:95-
CV-969 CEJ, were lodged with the United States District Court for the 
Eastern District of Missouri. Under the consent decrees, the 
defendants, the Monsanto Company, Union Pacific Railroad Company, 
AlliedSignal, Inc. and Superior Oil Company, Inc. will pay a total of 
$600,000 in reimbursement of costs incurred by the United States in 
response to releases of hazardous substances at the former site of the 
Thompson Chemical Company in St. Louis, Missouri.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed consent decrees. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
Department of Justice, Washington, DC 20530, and should refer to United 
States v. Monsanto, et al., DOJ Ref. #90-11-2-1089.
    The proposed consent decrees may be examined at the office of the 
United States Attorney, Eastern District of Missouri, 1114 Market 
Street, St. Louis, Missouri 63101; the Region 7 Office of the 
Environmental Protection Agency, 726 Minnesota Avenue, Kansas City, KS 
66101, and at the Consent Decree Library, 1120 G Street, NW., 4th 
Floor, Washington, DC 20005, (202) 624-0892. A copy of the proposed 
consent decrees may be obtained in person or by mail from the Consent 
Decree Library. In requesting a copy please refer to the referenced 
case, indicate which consent decrees you wish to receive, and enclose a 
check in the appropriate amount. The copying charges for the consent 
decrees are as follows (25 cents per page reproduction costs): $4.50 
for the consent decree with Superior, $4.75 for the consent decree with 
Monsanto and AlliedSignal, and $4.50 for the consent decree with Union 
Pacific. Make checks payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 98-15331 Filed 6-8-98; 8:45 am]
BILLING CODE 4410-15-M
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

June 5, 2019

s0522 

# Order

Clerk June 5, 2019

158983

JEREMY HOOKER,

Appellee,

v SC: 158983

COA: 343334

BRENDA M. MOORE,

Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the December 11, 2018

judgment of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the question presented should be reviewed by this Court.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-1303

LAUNEIL SANDERS,

Plaintiff - Appellant,

v.

PETER S. GILCHRIST, Mecklenburg County City Attorney; MORGAN 

STANLEY SMITH BARNEY FINANCIAL, LLC; DANIEL CLIFTON, Attorney; 

EDWARD L. BOOKER, Attorney,

Defendants - Appellees.

Appeal from the United States District Court for the Western 

District of North Carolina, at Asheville. Max O. Cogburn, Jr., 

District Judge. (3:10-cv-00068-MOC-DSC)

Submitted: June 30, 2011 Decided: July 5, 2011

Before WILKINSON, DUNCAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Launeil Sanders, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Launeil Sanders appeals the district court’s order 

dismissing his 42 U.S.C. § 1983 (2006) complaint under 28 U.S.C. 

§ 1915(e)(2)(B) (2006). We have reviewed the record and find 

that this appeal is frivolous. Accordingly, we dismiss the 

appeal for the reasons stated by the district court. Sanders v. 

Gilchrist, No. 3:10-cv-00068-MOC-DSC (W.D.N.C. Mar. 22, 2011). 

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.

DISMISSED
# Employee Reflection: David Grant

/ Published Feb. 22, 2022

                DLA Disposition Services Tucson Property Disposal Specialist David Grant.                            220115-D-D0441-5433                            DLA Disposition Services Tucson Property Disposal Specialist David Grant.            SHARE IMAGE:Download ImageImage DetailsPhoto By: DLA photoVIRIN: 220115-D-D0441-5433**Describe your job in a sentence or two.**

I perform a variety of property disposal activities by verifying destruction of property requiring demilitarization. My job specifically requires me to ensure all DEMIL property is accounted for at our site and then accounted for while it is conveyed to the contractor’s site for disposal.

**How long have you worked for the federal government including military service?**

16 years.

**How long have you worked for DLA Disposition Services?**

7 years.

**Any favorite DLA Disposition Services memories?**

Pre-COVID-19 potluck BBQ and holiday gatherings with my coworkers. I feel when you can take a break over food, you create that family environment and build special bonds with your coworkers and teammates. There are laughs and people are joyful when they eat well.

**What aspect(s) of your current job gives you the most personal satisfaction and why?**

I really enjoy assisting customers and working with contractors who support us in the DEMIL process. Some contractors or customers have never been around the military, so they have no idea how important the DEMIL process is to DOD. They just know they are hauling government property around or cutting up items that look like junk. I like to share how important the job is to DOD operations and the warfighter. They are usually amazed in the end and have a sense of purpose in the job that they are doing.

**What is the best piece of advice someone has given you?**

Always believe in yourself and you can do anything if you put your mind to it.

**Where do you see yourself five years from now?**

I see myself moving into a management position and continuing to play an important role in the daily operations of DLA.

**What was your first job?**

Working for the Air Force at Cheyenne Mountain, NORAD, Colorado Springs.

**Who’s your biggest influence?**

My father. He’s served in the Air Force for over 25 years and worked in the civil service.

**Any passions or hobbies?**

Traveling to the beach or anywhere with blue water and white sands. Listening to great music, especially collecting old vinyl records. Cooking on the grill and hanging out with family and friends.

_________________________________________________________________________

DLA Disposition Services is celebrating its 50th Anniversary by reflecting on its mission, culture, and workforce. This series is highlighting leadership and employees throughout the agency, across the globe. Visit the historical page to learn more about the MSC and its history.
[Federal Register Volume 63, Number 116 (Wednesday, June 17, 1998)]
[Notices]
[Pages 33119-33120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16017]


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

NUCLEAR REGULATORY COMMISSION


Meeting Between the American Society for Quality and NRC to 
Discuss Quality Assurance Principles

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of a meeting between the American Society for Quality, 
Energy and Environmental Division, Power Production Committee (ASQ EED) 
and the Nuclear Regulatory Commission (NRC) on quality assurance 
principles of mutual interest.

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

SUMMARY: The ASQ EED and the NRC have met periodically to discuss 
technical matters of mutual interest. Topics at this meeting will 
cover, codes and standards, graded QA, and more

[[Page 33120]]

detailed QA features found in QA standards.

DATES: The meeting will be held on June 25, 1998, from 8:00 am-5:00 pm, 
and on June 26, 1998, from 8:00 am-12:00 n.

ADDRESS: Conference Room O-4 B6, One White Flint North, 11555 Rockville 
Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Owen P. Gormley (301) 415-6793, Office 
of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555.

SUPPLEMENTARY INFORMATION: The ASQ EED and NRC meet periodically to 
discuss topics of mutual interest concerning problems in achieving 
quality and means to correct the problems, or interpretations or 
problems in implementing activities found in QA standards and in most 
QA programs. Topics at this session will include codes and standards, 
graded QA, and more detailed QA features found in QA standards. The 
format of the meeting will consist of discussion between the ASQ EED 
and NRC on the topics noted above. Seating for the public will be on a 
first come, first-served basis.

    Dated at Rockville, Maryland, this 10th day of June 1998.

    For the Nuclear Regulatory Commission.
John W. Craig,
Director, Division of Regulatory Applications, Office of Nuclear 
Regulatory Research.
[FR Doc. 98-16017 Filed 6-16-98; 8:45 am]
BILLING CODE 7590-01-P
# Former DLA Troop Support commander named new DLA director

/ Published Dec. 6, 2023
FORT BELVOIR, Va., 
The U.S. Senate confirmed Army Maj. Gen. Mark Simerly for appointment to the rank of lieutenant general and director of the Defense Logistics Agency Dec. 5 after a 10-month impasse of Defense Department nominations. He will replace Navy Vice Adm. Michelle Skubic upon her retirement in February.

Simerly has led the Combined Arms Support Command at Fort Gregg-Adams (formerly Fort Lee), Virginia, since July 2021 and directed DLA Troop Support in Philadelphia from July 2017 to June 2019. Between those assignments, he headed the 19th Expeditionary Sustainment Command in Daegue, South Korea.

His other command assignments include the 4th Sustainment Brigade at Fort Cavazos (formerly Fort Hood), Texas, from January 2012 to August 2013; the 4th Infantry Division’s 704th Brigade Support Battalion also at Fort Cavazos when the unit reflagged as the 27th Brigade Support Team, 4th Brigade Combat Team, 1st Cavalry Division and deployed to Tallil, Iraq, from June 2008 to June 2009; and Bravo Company of the 101st Airborne Division’s 801st Maintenance Support Battalion at Fort Campbell, Kentucky, from December 1996 to May 1999.

Simerly’s key staff assignments include director of capabilities, development, and integration for CASCOM from August 2015 to June 2017; assistant chief of staff for logistics for III Corps from February 2014 to July 2015; director of logistics for U.S. forces in Afghanistan from August 2013 to February 2014; assistant chief of staff for logistics for the U.S. Army Operational Test Command from July 2011 to January 2012; and senior combat service support observer at the Joint Readiness Training Center from September 2009 to July 2011.

In 2021, Simerly was inducted into DLA Troop Support’s Hall of Fame for leading humanitarian support during the 2017 hurricane season and for contributions that helped the subordinate command achieve a record $17.6 billion in sales for fiscal 2018.

“Maj. Gen. Simerly inspired his leaders with the responsibility of providing the workforce with motivation, a sense of mission and pathways leading to performance excellence,” according to his award citation.

The husband and father of two children earned a bachelor’s degree in journalism and English from the University of Richmond and was a distinguished military graduate. He also has a master’s degree in national resource strategy from National Defense University and graduated from the Command and General Staff College, Industrial College of the Armed Forces, and Army Force Management School.

His awards include the Defense Superior Service Award, Legion of Merit with three oak leaf clusters, Bronze Star with one oak leaf cluster, Defense Meritorious Service Medal with one oak leaf cluster and Meritorious Service Medal with four oak leaf clusters.