alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Wells Fargo Bank Minnesota, N.A., as Trustee for Certificate Holder of Kidder Peabody Series 1993-MM5, Plaintiff, v Michael Coletta et al., Appellants, et al., Defendants. PE-NC, LLC, Nonparty Respondent.

[59 NYS3d 788]

In an action to foreclose a mortgage, the defendants Michael Coletta and Susan A. Coletta, also known as Susan Coletta, appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Adams, J.), entered April 13, 2015, as denied that branch of their cross motion which was pursuant to CPLR 5015 (a) (3) to vacate a judgment of foreclosure and sale entered August 23, 2004, upon their failure to appear or answer the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the appellants’ cross motion which was pursuant to CPLR 5015 (a) (3) to vacate the judgment of foreclosure and sale entered upon their failure to appear or answer the complaint. The appellants failed to move for relief pursuant to CPLR 5015 (a) (3) within a reasonable time after entry of the judgment of foreclosure and sale *(see New Century Mtge. Corp. v Chimmiri,*146 AD3d 893 [2017]; *LaSalle Bank N.A. v Oberstein,*146 AD3d 945 [2017]; *Dimery v Ulster Sav. Bank,*82 AD3d 1034 [2011]; *Bank of N.Y. v Stradford,*55 AD3d 765 [2008]; *Aames Capital Corp. v Davidsohn,*24 AD3d 474, 475 [2005]).

*757Moreover, the appellants did not allege “extrinsic fraud,” which is “a fraud practiced in obtaining a judgment such that a party may have been prevented from fully and fairly litigating the matter” *(Shaw v Shaw,*97 AD2d 403, 403 [1983]; *see LaSalle Bank N.A. v Oherstein,*146 AD3d at 945; *EMC Mtge. Corp. v Toussaint,*136 AD3d 861 [2016]; *U.S. Bank, N.A. v Peters,*127 AD3d 742 [2015]; *Bank of N.Y. v Lagakos,*27 AD3d 678 [2006]; *Tamimi v Tamimi,*38 AD2d 197 [1972]). Rather, they alleged that the plaintiff committed “intrinsic fraud, i.e., that the allegations in the complaint are false” *(LaSalle Bank N.A. v Oberstein,*146 AD3d at 945; *see Deutsche Bank Natl. Trust Co. v Karlis,*138 AD3d 915 [2016]; *U.S. Bank, N.A. v Peters,*127 AD3d at 742; *New Century Mtge. Corp. v Corriette,*117 AD3d 1011 [2014]; *Bank of N.Y. v Stradford,*55 AD3d at 765; *Bank of N.Y. v Lagakos,*27 AD3d at 679).

Thus, the appellants were required to show a reasonable excuse for their default *(see EMC Mtge. Corp. v Toussaint,*136 AD3d at 862-863; *U.S. Bank, N.A. v Peters,*127 AD3d at 742; *Bank of N.Y. v Lagakos,*27 AD3d at 679). Since they failed to offer any excuse for their default, the Supreme Court properly denied that branch of their cross motion which was pursuant to CPLR 5015 (a) (3) *(see EMC Mtge. Corp. v Toussaint,*136 AD3d at 862-863; *U.S. Bank, N.A. v Peters,*127 AD3d at 742; *Bank of N.Y. v Lagakos,*27 AD3d at 679).

Balkin, J.P., Austin, Roman and LaSalle, JJ., concur.
No. 10-15.

#### Massood N. Jallali, Petitioner v. United States.

562 U.S. 889, 131 S. Ct. 224,

178 L. Ed. 2d 136,

2010 U.S. LEXIS 7022.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
#### Netherlands Insurance Company, Appellant, v Endurance American Specialty Insurance Company, Respondent.

[66 NYS3d 441]

Order and judgment, (one paper), Supreme Court, New York County (Nancy M. Bannon, J.), entered September 13, 2016, granting defendant’s motion for summary judgment to the extent of declaring that defendant is not obligated to defend and indemnify Bangor Realty, LLC, plaintiff’s insured, in the underlying personal injury action, and denying plaintiff’s motion for summary judgment for a declaration in its favor, unanimously reversed, on the law, without costs, defendant’s motion denied, plaintiff’s motion granted to the extent of declaring that defendant is obligated to defend and indemnify Bangor, and the matter remanded for further proceedings.

The additional insured endorsement to the subject general liability policy affords coverage to “[a]ny entity required by written contract . . . to be named as an insured.” The “Bid Proposal Document” for the construction project in which the underlying personal injury action arose is such a written contract. The proposal names the parties and the “Total agreed *469price,” contains the dated signatures of the parties immediately below the agreed price, and incorporates by reference “the approved plan for the entire project,” stating that all work is to be completed in strict accordance with the approved plan and with the plans and specifications prepared by the architect. Although the parties may have intended to execute a more formal agreement later, the proposal constitutes a binding agreement *(see Bed Bath & Beyond Inc. v IBEX Constr., LLC,*52 AD3d 413 [1st Dept 2008]; *Zurich Am. Ins. Co. v Endurance Am. Speciality Ins. Co.,*145 AD3d 502 [1st Dept 2016]), and it requires the contractor, defendant’s insured, to obtain a policy naming the owner (Bangor) as an additional insured. Thus, Bangor is, in the terms of the policy endorsement, “[a]n[ ] entity required by written contract . . . to be named as an insured” *(compare Gilbane Bldg. Co./TDX Constr. Corp. v St. Paul Fire & Mar. Ins. Co.,*143 AD3d 146, 149, 151 [1st Dept 2016] [where policy endorsement provides coverage to “ ‘any person or organization *with whom you have agreed*to add as an additional insured by written contract,’ ” it “requires that the named insured execute a contract with the party seeking coverage as an additional insured” (emphasis added)]; AB *Green Gansevoort, LLC v Peter Scalamandre & Sons, Inc.,*102 AD3d 425, 426 [1st Dept 2013] [“policies containing broader language have been found to allow for an agreement naming an additional insured without an express contract between the parties”]).

Concur—Friedman, J.P., Richter, Gesmer, Kern and Moulton, JJ.
# Hispanic Heritage Month Spotlight: Roberto C. Zepeda

/ Published Oct. 4, 2021
TRACY, Calif., 
Hispanic Heritage Month is celebrated across the nation every year from Sept. 15 to Oct. 15. The 2021 HHM observance theme “Esperanza: A Celebration of Hispanic Heritage and Hope,” focuses on the Spanish name Esperanza, meaning hope or expectation. Throughout this month, we celebrate Hispanic heritage month by reflecting on the past contributions Hispanics have made and will continue to make in the future, recognizing that we are all stronger together.

DLA Distribution is honored to highlight Hispanic Americans who work daily to provide logistics support to America’s warfighters and other federal customers.

**My name is:**Roberto C. Zepeda

**I am:**DLA Distribution San Joaquin, California’s Lead Transportation Assistant.

**Describe your job in a sentence**:Resolving and correcting daily issues.

**How long have you worked at DLA?**36 years.

**What is your favorite thing about working for DLA?**Working and involvement with management and co-workers.

**What are your best memories of being in the DLA workforce?**Assisting with work during the Iraq and Afghanistan era.

**What is one thing you’d like others to know about your heritage?**To be proud of one’s heritage.

**Why is it important to you that we celebrate Hispanic Heritage Month?**It is important to have a facility/ depot of diverse people working together for one goal — for the warfighter.
2016-1727.

#### State v. Salinas.

Defiance App. No. 4-15-21, 2016-Ohio-7171.

O’Connor, C.J., dissents.
----

EXHIBIT 13.2  CERTIFICATION OF  CHIEF FINANCIAL OFFICER  PURSUANT TO  18 U.S.C. SECTION 1350,  AS ADOPTED PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 I, Jeffrey R. Mason, Chief Financial Officer of Anooraq Resources  Corporation (the "Company"), hereby certify pursuant to 18 U.S.C.  Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of  2002, that, to the best of my knowledge:

|   | (i)    | the Annual Report on Form 20-F of the Company for        the fiscal year ended December 31, 2004 (the "Annual Report")        fully complies with the requirements of Section 13(a) or 15(d) of the        *Securities Exchange Act of 1934*, as amended; and |
|--------|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                    |
|   | (ii)   | the information contained in the Annual Report fairly        presents, in all material respects, the financial condition and results        of operations of the Company.                                                                                               |

 Date: October 15, 2005

*/s/ Jeffrey R. Mason*

 By: Jeffrey R. Mason   Title: Chief Financial Officer 

*This written statement is being furnished to the Securities  and Exchange Commission as an exhibit to the Company's Annual Report on Form  20-F. A signed original of this statement has been provided to the Company and  will be retained by the Company and furnished to the Securities and Exchange  Commission or its staff upon request.*

*This certification accompanies this Annual Report on Form  20-F pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not,  except to the extent required by such Act, be deemed filed by the Company for  purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the  "Exchange Act"). Such certification will not be deemed to be incorporated  by reference into any filing under the Securities Act of 1933, as amended, or  the Exchange Act, except to the extent that the Company specifically incorporates  it by reference.*

----
[Federal Register Volume 63, Number 116 (Wednesday, June 17, 1998)]
[Notices]
[Pages 33095-33096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16070]


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

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES


National Endowment for the Arts, Combined Arts Panel

    Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act 
(Public Law 92-463, as amended, notice is

[[Page 33096]]

hereby given that a meeting of the Combined Arts Panel, Music Section B 
(Creation & Presentation Category) to the National Council on the Arts 
will be held on July 21-24, 1998. The panel will meet from 9:00 a.m. to 
6:00 p.m. on July 21 and 22, from 9:00 a.m. to 4:00 p.m. on July 23, 
and from 9:00 a.m. to 1:00 p.m. on July 24, in Room M-07 at the Nancy 
Hanks Center, 1100 Pennsylvania Avenue, NW, Washington, DC 20506. A 
portion of this meeting, from 1:30 to 4:00 p.m. on July 24, will be 
open to the public for a policy discussion on field needs Leadership/
Millennium initiatives, and guidelines.
    The remaining portions of this meeting, from 9:00 a.m. to 6:00 p.m. 
on July 21 and 22, from 9:00 a.m. to 1:30 p.m. on July 23, and from 
9:00 a.m. to 1:00 p.m. on July 24, are for the purpose of Panel review, 
discussion, evaluation, and recommendation on applications for 
financial assistance under the National Foundation on the Arts and the 
Humanities Act of 1965, as amended, including information given in 
confidence to the agency by grant applicants. In accordance with the 
determination of the Chairman of May 14, 1998, these sessions will be 
closed to the public pursuant to subsection (c)(4), (6) and (9)(B) of 
section 552b of Title 5, United States Code.
    Any person may observe meetings, or portions thereof, of advisory 
panels which are open to the public, and, if time allows, may be 
permitted to participate in the panel's discussions at the discretion 
of the panel chairman and with the approval of the full-time Federal 
employee in attendance.
    If you need special accommodations due to a disability, please 
contact the Office of AccessAbility, National Endowment for the Arts, 
1100 Pennsylvania Avenue, NW., Washington, DC 20506, 202/682-5532, TDY-
TDD 202/682-5496, at least seven (7) days prior to the meeting.
    Further information with reference to this meeting can be obtained 
from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel Operations, 
National Endowment for the Arts, Washington, DC 20506, or call 202/682-
5691.

    Dated: June 11, 1998.
Kathy Plowitz-Worden,
Panel Coordinator, Panel Operations, National Endowment for the Arts.
[FR Doc. 98-16070 Filed 6-16-98; 8:45 am]
BILLING CODE 7537-01-M
No. 09-10832.

#### Billy Wayne Lewis, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

562 U.S. 853, 131 S. Ct. 112,

178 L. Ed. 2d 69,

2010 U.S. LEXIS 6014.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
Exhibit 12
                     U S WEST COMMUNICATIONS, INC.
                  RATIO OF EARNINGS TO FIXED CHARGES
                        (Dollars in Millions)
<TABLE>
<CAPTION>
<S>                                            <C>        <C>    

                                                   Quarter Ended
                                                 6/30/98   6/30/97
------------------------------------------      --------  --------
Income before income taxes                     $      454 $     571
Interest expense (net of amounts
  capitalized)                                         94        93
Interest factor on rentals (1/3)                       16        16
                                                --------   --------
Earnings                                       $      564 $     680

Interest expense                               $       99 $      98
Interest factor on rentals (1/3)                       16        16
                                                 --------   --------
Fixed charges                                  $      115 $     114

Ratio of earnings to fixed charges                   4.90      5.96
------------------------------------------       --------   --------



                                                  Six Months Ended
                                                 6/30/98   6/30/97
------------------------------------------       --------  --------
Income before income taxes                     $    1,061 $   1,135
Interest expense (net of amounts
  capitalized)                                        185       189
Interest factor on rentals (1/3)                       32        31
                                                 --------   --------
Earnings                                       $    1,278 $   1,355

Interest expense                               $      19  $     201
Interest factor on rentals (1/3)                       32        31
                                                 --------   --------
Fixed charges                                  $      22  $     232

Ratio of earnings to fixed charges                   5.61      5.84
------------------------------------------       --------  --------
</TABLE>
---

CONSENT OF AUTHORT. Naidoo, Pr.Sci.Nat.Deloitte
Mining Advisory ServicesDeloitte Consulting Pty LtdBuilding 4, Deloitte
PlaceThe Woodlands, Woodlands Drive, Woodmead, SandtonJohannesburg,
South Africa

US Securities and Exchange Commission

I, T. Naidoo, Pr.Sci.Nat., certify that I have read the written
disclosure being filed and I do not have any reason to believe that there are
any misrepresentations in the information provided to the Company by Deloitte
Mining Advisory Services in the written disclosure in the Form 20F of Anooraq
Resources Corporation.

I do hereby consent to the filing with the regulatory
authorities.

Dated this 1stday of July, 2009.

|/signed/ T.
      Naidoo         
|---------------------------------
|                                 
|T. Naidoo, Pr.Sci.Nat.           
|Deloitte Mining Advisory Services

---
<PAGE>   1


EXHIBIT 12.1 - COMPUTATION OF CONSOLIDATED RATIO OF EARNINGS TO FIXED CHARGES


<TABLE>
<CAPTION>
                                                                      For the year ended
                                                                      December 31, 1996
                                                                           (000's)
                                                                      ------------------
<S>                                                                          <C>   
Income before provision for income taxes                                 $  136,280
 Add (subtract): 
 
   Interest on term loans and notes                                          16,411

   Amortization of debt costs                                                   661

   Portion of rents representative of interest                                  628
                                                                         ----------
Income as adjusted                                                       $  153,980


Fixed Charges:

  Interest on term loans and notes                                       $   16,411

  Amortization of debt costs                                                    661

  Portion of rents representative of interest                                   628
                                                                         ----------
Total fixed charges                                                      $   17,700


Ratio of Consolidated Earnings to Fixed Charges                                8.70
                                                                         ==========

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          AUG-31-1999
<PERIOD-END>                               AUG-31-1999
<CASH>                                         237,755
<SECURITIES>                                         0
<RECEIVABLES>                                  295,985
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               543,109
<PP&E>                                       6,066,539
<DEPRECIATION>                               2,322,360
<TOTAL-ASSETS>                               4,358,172
<CURRENT-LIABILITIES>                          592,647
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       436,540
<OTHER-SE>                                   3,170,212
<TOTAL-LIABILITY-AND-EQUITY>                 4,358,172
<SALES>                                      1,078,524
<TOTAL-REVENUES>                             1,138,028
<CGS>                                                0
<TOTAL-COSTS>                                1,277,810
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,607
<INCOME-PRETAX>                              (139,794)
<INCOME-TAX>                                 (139,794)
<INCOME-CONTINUING>                          (139,794)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (139,794)
<EPS-BASIC>                                      (.03)
<EPS-DILUTED>                                    (.03)


</TABLE>
**EXHIBIT 13.1****CERTIFICATION**     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350, as adopted),Michael Cookson, the Chief Executive Officer of Corgi International Limited (the “Company”), andJack Lawrence, the Chief Financial Officer, Chief Operating Officer and General Manager, U.S. ofthe Company, each hereby certifies that, to the best of his knowledge:     1. The Company’s Annual Report on Form 20-F for the year ended March 31, 2007, to which thisCertification is attached as Exhibit 13.1 (the “Annual Report”), fully complies with therequirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934; and     2. The information contained in the Annual Report fairly presents, in all material respects,the financial condition of the Company at the end of the period covered by the Annual Report andresults of operations of the Company for the period covered by the Annual Report.       /s/ Michael Cookson                     Michael Cookson   /s/ Jack Lawrence              Jack Lawrence  *Chief Executive Officer*   *Chief Financial Officer, ChiefOperating Officer and GeneralManager, U.S.*         Dated:October 15, 2007   Dated: October 15, 2007
II

103D CONGRESS

2D SESSION S. 2234

To amend the Mississippi River Corridor Study Commission Act of 1989

to extend the term of the commission established under that Act.

IN THE SENATE OF THE UNITED STATES

JUNE 23 (legislative day, JUNE 7), 1994

Mr. BREAUX (for himself, Mr. JOHNSTON, Mr. PRYOR, Mr. BUMPERS, Mr.

DURENBERGER, Mr. SASSER, Ms. MOSELEY-BRAUN, Mr. SIMON, and Mr.

FEINGOLD) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To amend the Mississippi River Corridor Study Commission

Act of 1989 to extend the term of the commission established under that Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. EXTENSION OF TERM OF MISSISSIPPI RIVER

4 CORRIDOR STUDY COMMISSION.

5 Section 9(b) of the Mississippi River Corridor Study

6 Commission Act of 1989 (Public Law 101–398; 104 Stat.

7 859) is amended by striking out ‘‘3 years after the date

8 of the first meeting of the Commission,’’ and inserting in

9 lieu thereof ‘‘June 30, 1996,’’.
2

•S 2234 IS

Æ
##### 



EXHIBIT 32

CERTIFICATIONS REQUIRED PURSUANT
TO U.S.C. '1350

Solely
for the purposes of complying with 18 U.S.C.
'1350, I, the
undersigned President and Chief Executive Officer of Pierre Foods, Inc. (the
Company), hereby certify, based on my knowledge,that the Quarterly Report on
Form 10-Q of the Company for the quarter ended November 29, 2003 (the Report)
fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934 and that information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company.

/S/ NORBERT E. WOODHAMS
Norbert E. Woodhams
March 9, 2004

Solely for the purposes of complying with 18 U.S.C. '1350, I, the
undersigned Chief Financial Officer of Pierre Foods, Inc. (the Company),
hereby certify, based on my knowledge,that the Quarterly Report on Form 10-Q
of the Company for the quarter ended November 29, 2003 (the Report) fully
complies with the requirements of Section 13(a) of the Securities Exchange Act
of 1934 and that information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

/S/ PAMELA M. WITTERS
Pamela M. Witters
March 9, 2004

30
#### Com. v. Leonard

12/11/2015

358 WAL (2015)

Denied

Pa.Super., 131 A.3d 84