alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Carol Faber et al., Respondents, v The Place Furniture, Inc., Doing Business as The Place Furniture Galleries, et al., Appellants.

[65 NYS3d 698]

*582Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered November 7, 2016, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Defendants established prima facie entitlement to summary judgment based on evidence that the single eight inch step onto the furniture display platform in defendants’ showroom—on which plaintiff wife tripped—was an illuminated, open and obvious condition which was readily observable by reasonable use of one’s senses *(Schwartz v Kings Third Ave. Pharmacy, Inc.,*116 AD3d 474 [1st Dept 2014]; *Barakos v Old Heidelberg Corp.,*145 AD3d 562 [1st Dept 2016]; *Acosta v Gouverneur Ct. L.P.,*133 AD3d 470 [1st Dept 2015]). Plaintiff wife, together with her family, had navigated the single step onto the furniture display platforms earlier that shopping day, and also during an uneventful visit to the same showroom just a few weeks prior to the date of her accident. There was no evidence to indicate that the single step, in its design, placement and maintenance, was inherently dangerous, and the defendants’ use of warning signs to give notice of the step’s presence did not, standing alone, render the steps unsafe.

Plaintiffs have not presented any proof that negligence on the part of defendants in the design, construction or maintenance of the subject step contributed to her fall, or that alleged showroom distractions support grounds to find liability on defendants’ part under the circumstances presented *(see generally Franchini v American Legion Post,*107 AD3d 432 [1st Dept 2013]).

The burden having shifted to plaintiffs on the motion, we find their evidence in opposition failed to raise a triable issue of fact.

Concur—Friedman, J.P., Gische, Webber, Kahn and Singh, JJ.
**Exhibit 32.1**

 

**Certification of Principal Executive Officer**

**Requiredby Rule 13a-14(b) or 15d-14(b)**

**of theExchange Act**

** **

In connection with the Quarterly Report ofAdvanstar, Inc. (the “Company”) on Form 10-Q for the three and sixmonths ended June 30, 2005 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Joseph Loggia, Chief ExecutiveOfficer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adoptedpursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best ofmy knowledge:

 

(1)The Report fully complies with the requirementsof section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

(2)The information contained in the Report fairlypresents, in all material respects, the financial condition and result ofoperations of the Company.

 

 
| By:    | /s/ Joseph  Loggia          |   |
|--------|-----------------------------|--------|
|   | Joseph Loggia               |
|   | Chief Executive Officer     |
|   |                        |
|   | Date: August 15,  2005 |

 

----
No. 10-5317.

#### Herbert F. Young, Petitioner v. United States District Court for the District of Columbia.

562 U.S. 915, 131 S. Ct. 394,

178 L. Ed. 2d 182,

2010 U.S. LEXIS 7152,

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.
# Humble hero receives prestigious military award 

/ Published Aug. 30, 2023
RICHMOND, Va., 
Marine Gunnery Sgt. Corey-Allen Becker says when he is required to physically be in the office one day a week, his morning routine is action-packed, but he tries to make as little noise as possible, so he doesn’t wake up his wife and two toddlers.

“I usually wake up around 0530 to shower, shave, put on my uniform, walk the dog, pack my lunch, and sneak out of the house through the garage,” Becker said.

But the morning of Apr. 4 would prove to be anything but routine for Becker, an ordnance weapon systems support manager within Defense Logistics Agency Aviation’s Customer Operations Directorate’s Marine Corps Customer Facing Division.

As Becker was driving from his house in Chesterfield County, Virginia to his office on Defense Supply Center Richmond, Virginia, he said a utility truck in front of him veered off the road, hit a guard rail and rolled over multiple times. The truck came to rest on its side in oncoming traffic.

Becker said he immediately stopped his vehicle safely off the side of the road and called 911 for help.  When Becker saw smoke and smelled gas coming from the engine of the truck, he knew he had to act.

“My adrenaline definitely kicked in and I decided that a fire was a real possibility.” Becker said.

Becker and another person who had also stopped for the accident were able to free the driver from the truck and move them to safety. It was at that time another accident happened because of the first accident. A sport utility vehicle had slammed into a motorcycle, throwing the rider approximately 30 feet. Becker raced to the scene, stabilizing the rider until emergency workers arrived and took over treatment of both injured persons.

Virginia State Police have confirmed the two accidents and Becker's account of events.

Becker was awarded the Joint Service Commendation Medal for his actions that day. The award is presented to a service member who has performed either an exceedingly heroic act, exceptional achievement, or commendable service that has not been recognized by a higher award. He received the award during a ceremony in the DLA Aviation Operations Center (Bldg. 46) on DSCR Aug. 30.

“Personally, I do not feel like a hero. I’d like to think that if someone else would have been first to witness the accident, they would have acted the same way I did and made sure the people involved with those two accidents got the help they needed and they were ok,” Becker said.
#### John S. Ridley, Jr., Respondent, v Bettina K. Ridley, Appellant.

[767 NYS2d 622]

Order, Supreme Court, New York County (Jacqueline Silbermann, J), entered June 13, 2003, which denied defendant’s motion to vacate a default judgment for divorce, directing equitable distribution of the marital estate, unanimously affirmed, without costs.

Defendant failed to make the requisite showing of a reasonable excuse for her default and a meritorious defense *(Estate of Allen v*Allen, 258 AD2d 423 [1999]). The unsworn letter submitted from a clinic where defendant sought treatment several months after her default was not in admissible form, and failed to establish that the default was based on illness. Even if the letter were admissible and established an excuse for the default, defendant has still failed to establish a meritorious defense. Concur—Nardelli, J.P., Mazzarelli, Andrias and Williams, JJ.
EXHIBIT 31.1RULE 13a-14(a)/15d-14(a) CERTIFICATIONS, ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEYACT OF 2002I, Sheldon C. Fenton certify that:1. I have reviewed this quarterly report on Form 10-QSB of Veridien Corporation;2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the small business issuer as of, and for, the periods presented in this report;4. The small business issuer’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules13a-15(e) and 15d-15(e)) for the small business issuer and have: a) designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the small business issuer, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisreport is being prepared;  b) evaluated the effectiveness of the small business issuer’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  c) disclosed in this report any change in the small business issuer’s internal controlover financial reporting that occurred during the small business issuer’s most recentfiscal quarter (the small business issuer’s fourth physical quarter in the case of anannual report) that has materially affected, or is reasonably likely to materially affect,the small business issuer’s internal control over financial reporting.5. The small business issuer’s other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to the small businessissuer’s auditors and the audit committee of small business issuer’s board of directors (or personsperforming the equivalent functions): a) all significant deficiencies and material weaknesses in the design or operation ofinternal controls over financial reporting which are reasonably likely to adversely affectthe small business issuer’s ability to record, process, summarize and report financialinformation; and  b) any fraud, whether or not material, that involves management or other employees whohave a significant role in the small business issuer’s internal control over financial reporting.                  Date: August 14, 2006    /s/ Sheldon C. Fenton                 Sheldon C. Fenton,        Chief Executive Officer  
20
Exhibit 31.1
**CERTIFICATION**
I, Kerry R. Hicks, President and Chief Executive Officer of Health Grades, Inc., certify that:
     1. I have reviewed this amendment on Form 10-K/A to the annual report on Form 10-K of HealthGrades, Inc.; and
     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report.        Date: May 2, 2005 By:  /s/ Kerry R. Hicks    Name:  Kerry R. Hicks    Title:  President and Chief Executive Officer
No. 09-11349.

#### Neville Sylvester Leslie, Petitioner v. Eric H. Holder, Jr., Attorney General, et al.

562 U.S. 875, 131 S. Ct. 183,

178 L. Ed. 2d 109,

2010 U.S. LEXIS 6705.

October 4, 2010.

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

*110Same case below, 363 Fed. Appx. 955.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 27, 2006 Clifford W. Taylor,

 Chief Justice 

130615 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. JACKSON COUNTY DRAIN COMMISSIONER, Stephen J. Markman, HENRIETTA TOWNSHIP, TOMPKINS Justices
 

TOWNSHIP, LEONI TOWNSHIP, RIVES 

TOWNSHIP, WATERLOO TOWNSHIP, JERRY 

RUNCIMAN, GLENNA RUNCIMAN, GARY 

BALDWIN, LINDA BALDWIN, JUDY FAYE, 

THOMAS BACK, ELMA BACK, SHAWN 

FITZPATRICK, TERRY FITZPATRICK,

ROBERT HANNEWALD, LEWIS WILD, 

MARGARET WILD, MARVIN EVERLY, 

NORMA EVERLY, RICHARDS EADEN,

LEEAN BURMINGHAM, DEAN KATZ,

MARILYN KATZ, JAMIE BATDORFF, 

CHERYL BATDORFF, and GERALD KOT, 

Plaintiffs-Appellants, 

v SC: 130615 

 COA: 258008 

Jackson CC: 03-006165-AS 

VILLAGE OF STOCKBRIDGE, GRAND 

RIVER INTER-COUNTY DRAINAGE BOARD, 

INGHAM COUNTY DRAIN COMMISSION, 

and JACOBS LAKE DRAIN DISTRICT, 

Defendants-Appellees. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the January 19, 2006 

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

persuaded that the questions presented should be reviewed by this Court. 

KELLY, J., would grant leave to appeal. 

t0920 

I, Corbin R. Davis, 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. 

September 27, 2006 

 Clerk
SUPREME COURT OF MONTANA

#### State v. Brunell

DA 14-0629

04/04/17

2017 MT 77N

Affirmed

Dist. 3 (Deer Lodge)
No. 10-5081.

#### Gwendolyn M. Hemphill, Petitioner v. United States.

562 U.S. 902, 131 S. Ct. 238,

178 L. Ed. 2d 158,

2010 U.S. LEXIS 6147.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.
# DLA Hall of Fame nominations due Jan. 27

/ Published Dec. 6, 2022
FORT BELVOIR, Va., 
Current and former Defense Logistics Agency employees have until Jan. 27 to submit nominations for former employees for the 2023 DLA Hall of Fame, tentatively scheduled to be presented May 18. Former agency civilians and military members of any grade or rank, living or deceased, can be nominated.

Nominees must have been separated from DLA for at least three years by the nomination deadline, and nominations must be endorsed by the commander or deputy of a major subordinate command or directorate.

Submissions should follow the nomination format and include:
      - General information on the nominee and the submitting employee,
      - A narrative description of specific contributions that quality the nominee for Hall of Fame recognition,
      - Supporting documents such as published articles, manuals and reports,
      - A portrait-style official photo of the individual, and
      - The name of the organization’s point of contact for coordinating nominations.

Nominations will be evaluated on the individual’s contributions to the agency. Those selected for induction, or the next of kin if the selectee is deceased, will be notified in writing.

Nominations should be sent to honoraryawards@dla.mil. For more information, contact Joe Davenport at 571-442-0230 or joseph.davenport@dla.mil or Bach Dang at 571-767-0692 or bach.dang@dla.mil.
# Photos: Trunk-or-Treat 2022

/ Published Nov. 2, 2022
COLUMBUS, Ohio, 
The Defense Supply Center Columbus Police Department hosted a Trunk-or-Treat event on Oct. 29 in the parking lot near the Byus Community Center.  The event was designed to enhance the relationship between DSCC associates and the Police Department while bringing back a true sense of community.

The DSCC Police Department invited Defense Logistics Agency Land and Maritime associates to attend the event which hosted more than 211 associates and their families. Some of those in attendance were DLA Land and Maritime Commander Army Brig. Gen. Gail Atkins, DSCC Site Director Kristine Freels and Deputy Site Director Michael Wood.

“We wanted to provide the DSCC community a safe place to let our kids be kids,” said DSCC Police Deputy Chief Ed Compton. DSCC Morale, Welfare and Recreation provided two inflatable bounce houses to add to the fun.

Event planners for the event were Police Officer Greg Adams, Compton, and Police Chief Marco Schmigotzki.

Photos provided by DSCC Police Deputy Chief Coulson, Kristal Compton and Katyana Clark.
# Nurrer of People Households th Electric ater Heaters Forecast: per 

## 10,000Trials FrequencyChart 149Outliers .3:B5 --------- _ ----------- -- 3647 

### .26
- - m
m .177- "- .069Meia2 - 8I7 

### 1 

### .C iv, , 

### I = V 

### I .010 

### 0 -2 

### - -. 0 1.00 238 375 513 65)

# InletTenplerature 

# Households vWth Electicwater Heaters Forecast:Tin 10,000Trials Frequency Chart 0 tliers .117 

## - 1172 .OBB - 879 56
e Median = .40aI I - _ 11 I o I 40 50 60 70 80

_ _____________ _ _~~~~~CCCbF__

______

# HotWater Use Households wth Gas-firedwater Heaters Forecast:FIbtherlse 10,000Trials FrequencyChart 0

## Qtliers .061
- 511 .03 ----------- .......... .............................................................. . 3832 .038 ---------------------- - 25, 

## mCL 

# .013------.12----------------------- .7 0S O Q.aO I6 137.M0 -M m- QCO 6B75 137.53 2J525 275( c~lcrdcfa/

# Nunber of People Households wth Gas-firedWater Heaters Forecast: per 10,000Trials Frequency Chart 99 utliers .334
- - 34 A 1 - --------- ------ --- -- --.-----.----------------------..- _ - 

### "D% D m-- -. -- .. . . . . . . . . 36 

### 16
------- _---- --- -------

_1.Go 

### 287 4.I 5.Medi 7. I.0D 2!0 4D 550 7.0

# InletTe perature Households vth Gas-firedwater Heaters Forecast:Tin 

## 10,000Trias FrequenyChart 0 Outliers .CO9


### - 7

. -------------------------- - - 74-5

. .CBD ---------------- - I- -- - .1....I--- .-.... . . .--------.--. -- 4.5
OD iI 40 90 6 70 80 ,gf

# E lectricwatr Heaters 

# Markups byTank Size 5.0 4.5 4.0 ...... ... ... I 3.5 .-... ... ... .. ....... cu E * Q = 3. 0 - 8 --- - t---* '* * - - - - - * - _ - (3

_ 1.5 

### = 9--

- 

### H - . .. . 

### -.............. 5% 2.5%

__ Median; 75% 1.0 25% o Outliers 0.5 .. 30 40 50 65 80 >: Extremes (gallons) Tank Size

# ElectricWa r Heaters Markups byTank Size
baseline model markups markup =retail price/ manufacturer cost Tank Size 30 40 50 65 80 all sizes N 1269 2458 1180 80 13 5000 Mean 1.470 1.407 1.552 2.984 2.832 1.486 Minimum 0.692 0.707 0.742 1.315 1.536 0.692 Maximum 3.685 3.135 3.267 4.383 4.486 4.486

# HotWater use Households wMth Electic Water Heaters Forecast: -btV\terLke 10,000Trials FrequencyChart Outliers .0c38 ---- 3-5

0 1 .019- 187.5 '

N/h-n= 4 

# 4. I I 

## , lnllllllllllll-. . __Medani .ODD ME=6 | QGO 4375 875.9 13125 17500 lIcnrcby

# Gas-fired aterHeaters Markups byTank Size 5

- 4 ... .. . X. . . < ........ ..... <. . . M0 .. *- -* ** ** -- -" " * -- -* ** *- *- -- -**- -* -- *- - *** ** ; .... .... 0

.C m C



### ., I 97.5% i . . A )s2.5% - 1 ..... ....... - ....................... i.... ............. 2 .5% .' 1 -~ - 1 ~- r"*~-'I- Median; 75% 25% o Outliers 0 Ex' ' 30 40 50 75 M Extremes gallons Tank Size

# Gas-firedWater Heaters Markups byTank Size

baseline model markups markup = retail price/ manufacturer cost 

### Tank Size 30 40 50 75 N 2765 4463 2490 282 Mean 1.080 1.112 1.374 3.246 Minimum 0.755 0.752 1.116 2.442 

### Maximum 1.605 2.030 1.777 4.610
#### Thomas Caso, Appellant, v Miranda Sambursky Sloane Sklarin Ver Veniotis LLP et al., Respondents.

[54 NYS3d 386]

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered May 26, 2016, which granted defendants’ motion to dismiss solely to the extent of dismissing the complaint for failure to state a cause of action, unanimously reversed, on the law, without costs, and the motion denied in its entirety. Order, same court and Justice, entered on or about October 31, 2016, which granted plaintiff’s motion insofar as it sought leave to reargue defendants’ motion to dismiss, denied plaintiff’s motion insofar as it sought leave to renew and to amend the complaint, and, upon reargument of the motion to dismiss, adhered to the original determination, unanimously reversed, on the law and the facts, without costs, leave to amend the complaint granted, and the appeal therefrom otherwise dismissed as academic.

In this legal malpractice action, plaintiff, the victim of a hit- and-run accident, alleges that defendants, who represented him in the underlying personal injury action, were negligent in failing to prepare and present the testimony of the sole eyewitness; that defendants’ negligence caused a verdict against him; and that he sustained actual damages. Specifically, plaintiff alleges that, prior to the eyewitness’s deposition testimony two years after the accident, defendants failed to refresh the eyewitness’s memory by showing him the police record of a phone call he made shortly after the accident, in which he described the hit-and-run vehicle as a green garbage *423truck with a flat front. The eyewitness then testified to the contrary at his deposition, stating that the garbage truck he remembered fleeing the scene had a round front, not a flat front. Plaintiff alleges that but for defendants’ negligence in handling the key witness in his case, he would have prevailed, as the driver operated a green garbage truck with a flat front, and the driver had already admitted to a route that would have placed him at the scene on the day and time of the accident. These allegations are sufficient to survive a CPLR 3211 (a) (1) and (7) motion to dismiss, as nothing in the record conclusively establishes a defense as a matter of law *(see Leon v Martinez,*84 NY2d 83, 87-88 [1994]) and plaintiff has adequately pleaded a claim for legal malpractice *(see Global Bus. Inst. v Rivkin Radler LLP,*101 AD3d 651, 651 [1st Dept 2012]; *see also Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer,*8 NY3d 438, 442 [2007]).

Leave to amend is proper, since plaintiff’s proposed amendments are not “patently devoid of merit” and will not prejudice or surprise defendants *(MBIA Ins. Corp. v Greystone & Co., Inc.,*74 AD3d 499, 499 [1st Dept 2010]; *see*CPLR 3025 [b]).

Concur—Sweeny, J.P., Gische, Kahn and Gesmer, JJ.
Comments regarding NPDES reporting conference call

George Robinson 

to: 

Jack Faulk, Jennifer Chan, Virginia Garelick 

11/18/2009 01:39 PM 

Cc: 

"Bob Hays", "Fred Rios", "Bob Spencer", "Rod Gabehart", "Sherman Takatori", "Gary Bahr" 

Show Details 

History: This message has been replied to. 

Jack, 

During last week's conference call, you said that you would accept comments on the reporting requirements (9.1 

& 9.2) for about a week. Here are Idaho's comments. Thanks of the opportunity to comment. If you have any 

questions about these comments, feel free to contact me.

George Robinson 

Idaho State Dept of Agriculture 

Phone: (208) 332-8593 

Fax: (208) 334-3547 

<<Idaho comments regarding NPDES reporting requirements.doc>> 

Comments regarding NPDES reporting conference call Page 1 of 1

file://C:\Documents and Settings\jfaulk\Local Settings\Temp\notesFCBCEE\~web0511.htm 5/11/2010
Exhibit 99.1

CERTIFICATION PURSUANT TO  18 U.S.C. SECTION 1350,  AS ADOPTED PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In
connection with the Quarterly Report of Advanstar, Inc. (the "Company") on Form 10-Q/A for the three months ended June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert L. Krakoff, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge,:



|By: | /s/ROBERT L. KRAKOFFRobert L. Krakoff
Chief Executive Officer | 
|--- | ------------------------------------------------------------- | 

Date:
December 6, 2002

---

QuickLinks
Exhibit 32.2 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES OXLEY ACT OF 2002 In connection with the Quarterly Report of Ameritrans Capital Corporation (the Company) on Form 10-Q for the quarter ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes Oxley Act of 2002, that, based on my knowledge: 1. The Report fully complies with the requirements of section 13(a) or 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 as of the dates and for the periods expressed in the Report.  By: /s/ Gary C. Granoff Gary C. Granoff Chief Financial Officer and Chairman
February 17, 2009
No. 09-1246.

#### Rose Desia, Trustee of the Barbara Bess Trust, Petitioner v. GE Life and Annuity Assurance Company, et al.

562 U.S. 829, 131 S. Ct. 74,

178 L. Ed. 2d 25,

2010 U.S. LEXIS 6658.

October 4, 2010.

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

Same case below, 350 Fed. Appx. 542.
#### Shaffer v. Ebensburg Power Co. 39

03/29/2016

484 WAL (2015)

39

. Justice WECHT did not participate in the consideration or decision of this matter.

Denied

Pa.Super., 134 A.3d 492