alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Daryl Wiley, Jr., Plaintiff, v ESI New York Inc., Also Known as IESI NY, et al., Respondents. ESI New York Inc., Also Known as IESI NY, et al., Third-Party Plaintiffs-Respondents, v Verizon New York Inc., Third-Party Defendant-Appellant. ESI New York Inc., Also Known as IESI NY, et al., Second Third-Party Plaintiffs-Respondents, v Granite Avenue Utility Corp., Second Third-Party Defendant-Appellant.

[64 NYS3d 526]

*409Order, Supreme Court, Bronx County (Donna M. Mills, J.), entered on or about February 22, 2017, which, insofar as appealed from as limited by the briefs, denied third-party defendant Verizon New York Inc. and second third-party defendant Granite Avenue Utility Corp.’s motion for summary judgment dismissing the third-party complaints, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiff was injured when the motorcycle he was driving collided with a truck owned by defendant ESI New York, Inc., and operated by defendant Krzysztof M. Hajnos. Defendants contend that the cause of the accident was Granite’s negligent performance of road work, pursuant to a contract with Verizon, which had left the road in a hazardous condition.

Verizon and Granite established prima facie that Granite’s road work was not a proximate cause of the accident. Plaintiff testified that he was forced to stop abruptly when a truck cut him off and that the condition of the road was smooth and did not impede his ability to control his dirt bike. Hajnos, the driver of the truck, testified that he saw no potholes or cracks or other defects in the road.

In opposition, defendants failed to raise an issue of fact as to the condition of the road *(see Santiago v City of New York,*61 AD3d 574 [1st Dept 2009]). None of their eyewitnesses said that they saw plaintiff’s motorcycle hit a defect in the road, and the police report, which described the accident in terms of “probably” and “likely,” is speculative *(see id.).*Moreover defendants’ expert failed to opine that the road condition was a factor in causing the accident. Defendants also failed to demonstrate that additional discovery could lead to evidence sufficient to defeat the motion *(see*CPLR 3212 [f]).

Concur— Gische, J.P., Kapnick, Oing and Moulton, JJ.
## U NITED 

## S TATES 

## N AVY



## – M ARINE 

## C ORPS 

## C OURT OF 

## C RIMINAL 

## A PPEALS

_________________________ No. 201 800011

_________________________ 

### UNITED STATES OF AMERICA

Appellee

v.


### JONATHAN R. LINDSEY Staff Sergeant (E

- 6 ) , U.S. Marine Corps

Appellant

_________________________ Appeal from the United States Navy

- Marine Corps Trial Judiciary

Military Judge: Colonel Peter S. Rubi n , US MC

. Convening Authority: Command ing General
, 2D Marine Aircraft Wing, II Marine Expeditionary Force, Cherry Point, NC. Staff Judge Advocate’s Recomm endation : Major Robert A

. Gibson
, USMC

. For Appellant: Lieutenant Commander Paul D. Jenkins
, JAGC, USN

.

For Appellee: Brian K. Keller, Esq

.

_________________________ Decided 15 May 2018

_________________________ Before M ARKS , P RICE , and E LLINGTON , Appel late Military Ju dges

_________________________ After careful consideration of the record, submitted without assignment of error, we affirm the findings and sentence as approved by the convening authority. Art. 66(c), Uniform Code of Military Justice, 10 U. S.C. § 866(c). The supplemental court

- martial order will reflect that, to Specification 5 of Additional Charge II, Staff Sergeant Lindsey was found guilty, excepting "August 2012" and substituting "January 2015." To the excepted language, not guilty. To the substituted language, guilty. To the specification as excepted and substituted, guilty.

For the Court

R.H. TROIDL Clerk of Court
#### Com. v. Konopki

12/16/2015

395 EAL (2015)

Denied

Pa.Super., 122 A.3d 454
**Exhibit 31.2****CERTIFICATION**I, Allen Dodge, Executive Vice President and Chief Financial Officer of Health Grades, Inc.,certify that:1. I have reviewed this annual report on Form 10-K of Health Grades, Inc.;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 includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; andc) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s fourth fiscal quarter that has materially affected,or is reasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions):a) All significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; andb) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.Date: March 16, 2007         By:                                 /s/ Allen Dodge    Name:  Allen Dodge    Title:  Executive Vice President andChief Financial Officer
# Army logisticians gain insight on DLA Troop Support processes, warfighter support

/ Published Aug. 25, 2021
PHILADELPHIA, 
Army logisticians supporting the 902nd Military Intelligence Group and National Security Agency gained insights on Defense Logistics Agency Troop Support services during a visit to the organization’s headquarters August 20, in Philadelphia.

The visit provided an opportunity for the battalion-level logisticians to see what goes on behind the scenes after they “press the button” to order supplies, said Maj. Dasha Mountain, the 902nd S4, or logistics officer-in-charge.

“I think it’s a good opportunity, for these younger soldiers especially, to see what all goes into our ordering supplies to actually receiving them,” Mountain said.

DLA Troop Support senior leaders invited discussion on the end-to-end warfighter and whole of government logistics support provided for Subsistence, Clothing and Textiles, Construction and Equipment and Medical materiel.

Some insights discussed included: challenges and solutions discovered during COVID-19; how industry partnerships strengthen DLA Troop Support’s ability to carry out its mission, and how balancing depot stock for certain critical items and leveraging commercial logistics solutions for others aids in maintaining readiness.

DLA Troop Support Deputy Commander Richard Ellis shared his rationale during the planning for this event and how visits like these strengthen warfighter support now, and in the future.

“I love seeing warfighters reach out to us to learn about what we do,” Ellis said. “We get to put faces to the warfighters we support, and they get to understand the great work that often goes unnoticed. Giving them a look ‘behind-the-scenes’ not only helps them do their job now, but also creates more informed, collaborative partners as they progress in their careers.  It’s important we arm these soldiers with the knowledge and understanding of all the capabilities that Troop Support brings to the fight.”

Army Staff Sgt. Joaquin Paulino, unit supply specialist for the 902nd, appreciated the visit.

“I love to see...where everything comes from, how it’s produced,” Paulino said. “This was a great experience. Now I know. Now I understand.”
Exhibit 32.1




                           Section 906 Certification


I, Richard L. Hannigan, Sr., Chief Executive Officer and President of Voyager
Entertainment International, Inc., certify that (i) the attached annual report
on Form 10-KSB of Voyager Entertainment International, Inc. for the fiscal year
ended December 31, 2007 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and (ii) the information contained
in the Form 10-KSB Report for said period in all material respects, the
financial condition and results of operations of Voyager Entertainment
International, Inc.

/s/ Richard L. Hannigan, Sr.                 Dated: April 15, 2008
-------------------------------------        ---------------------
Richard L. Hannigan, Sr.
President and Chief Executive Officer
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                        0001028198
<NAME>                       Louis Vitali
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. DOLLARS
       
<S>                                            <C>
<PERIOD-TYPE>                                  YEAR
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-1-1998
<PERIOD-END>                                   DEC-31-1998
<EXCHANGE-RATE>                                1
<CASH>                                         29,085
<SECURITIES>                                   0
<RECEIVABLES>                                  13,395
<ALLOWANCES>                                   2,696
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         681,176
<DEPRECIATION>                                 30,172
<TOTAL-ASSETS>                                 767,771
<CURRENT-LIABILITIES>                          15,219
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       129,706
<OTHER-SE>                                     175,844
<TOTAL-LIABILITY-AND-EQUITY>                   767,771
<SALES>                                        134,754
<TOTAL-REVENUES>                               142,936
<CGS>                                          0
<TOTAL-COSTS>                                  52,267
<OTHER-EXPENSES>                               16,651
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             33,615
<INCOME-PRETAX>                                40,403
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   0
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        


</TABLE>
164 A.3d 398

#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DARYLE L. PITTS, DEFENDANT-PETITIONER.

March 16, 2017

ON PETITION FOR CERTIFICATION

To the Appellate Division, Superior Court:

A petition for certification of the judgment in [ A-XXXXXX-XX ] having been submitted to this Court, and the Court having considered the same;

It is ORDERED that the petition for certification is denied.
No. 10-5456.

#### Michael S. Ewart, Petitioner v. Iowa.

562 U.S. 923, 131 S. Ct. 302,

2010 U.S. LEXIS 7607.

178 L. Ed. 2d 196,

October 4, 2010.

Petition for writ of certiorari to the Supreme Court of Iowa denied.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from consolidated
financial statements found on the Quarterly Report on Form 10-Q, June 30, 1999,
and is qualified in its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   JUN-30-1999
<CASH>                                                 685
<SECURITIES>                                             0
<RECEIVABLES>                                       11,666
<ALLOWANCES>                                            75
<INVENTORY>                                         21,998
<CURRENT-ASSETS>                                    38,898
<PP&E>                                              16,443
<DEPRECIATION>                                       6,694
<TOTAL-ASSETS>                                      49,483
<CURRENT-LIABILITIES>                               13,478
<BONDS>                                             12,141
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                               105
<OTHER-SE>                                          23,409
<TOTAL-LIABILITY-AND-EQUITY>                        49,483
<SALES>                                             36,396
<TOTAL-REVENUES>                                    36,396
<CGS>                                               24,903
<TOTAL-COSTS>                                       24,903
<OTHER-EXPENSES>                                        (3)
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                     597
<INCOME-PRETAX>                                      3,389
<INCOME-TAX>                                         1,269
<INCOME-CONTINUING>                                  2,120
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                         2,120
<EPS-BASIC>                                         0.20
<EPS-DILUTED>                                         0.20



</TABLE>
exv10w8



 





EXHIBIT 10.8




Schedule identifying agreements entered into between Mindspeed Technologies,
Inc. (the Company) and each of the following persons, substantially identical
to the Form of Employment Agreement constituting Exhibit 10.8.1 to the
Company’s Registration Statement on Form 10 (File No. 1-31650).



Name




Simon Biddiscombe




David W. Carroll




Mojy C. Chian




Raouf Y. Halim




Thomas J. Medrek




Wayne K. Nesbit




Daryush Shamlou




Thomas A. Stites




Bradley W. Yates
<PAGE>   1



EXHIBIT 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS


       We hereby consent to the incorporation by reference in the Registration
Statements on Forms S-8 (File Nos. 333-43297, 333-62097,333-62099) of
International Home Foods, Inc. of our report dated February 22, 1999, relating
to the consolidated financial statements of International Home Foods, Inc. as of
December 31, 1998 and 1997, and for the years ended December 31, 1998, 1997 and
1996, which appears in the Annual Report to Stockholders, which is incorporated
in this Annual Report on Form 10-K.





PricewaterhouseCoopers LLP                  
                                    
New York, New York
March 30, 1999
2017-1207.

#### Howell v. Consol. Rail Corp.

Cuyahoga App. No. 104554, 2017-Ohio-6881. On motion for admission pro hac vice of Dan Himmelfarb. Motion granted. Pursuant to Gov.Bar R. XII(4), counsel shall file a notice of permission with the Supreme Court’s Office of Attorney Services within 30 days.
#### Ellison, Matter of, v Stanford

3d Dept: 147 AD3d 1122

denied*
[Federal Register Volume 63, Number 116 (Wednesday, June 17, 1998)]
[Notices]
[Page 33122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16064]


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

DEPARTMENT OF STATE

[Public Notice No. 2828]


Shipping Coordinating Committee Subcommittee on Safety of Life at 
Sea Working Group on Safety of Navigation; Notice of Meeting

    The Working Group on Safety of Navigation of the Subcommittee on 
Safety of Life at Sea (SOLAS) will conduct an open meeting at 9:30 am 
on Wednesday, July 1, 1998, in room 6103, U.S. Coast Guard 
Headquarters, 2100 Second Street, SW., Washington, DC.
    The purpose of the meeting is to prepare for the 44th session of 
the Subcommittee on Safety of Navigation (NAV) of the International 
Maritime Organization (IMO) which is scheduled for July 20-24, 1998, at 
the IMO Headquarters in London.
    Items of principal interest on the agenda are:
    <bullet> Routing of ships, ship reporting, and related matters.
    <bullet> Amendments to the International Regulations for Prevention 
of Collisions at Sea, 1972 (72 COLREGS).
    <bullet> Revision of SOLAS Chapter V.
    <bullet> Development of measures complementary to the Code for Safe 
Carriage of Irradiated Nuclear Fuel (INF).
    <bullet> Navigational aids and related matters.
    <bullet> International Telecommunication Union (ITU) matters 
including Radiocommunication ITU-R Study Group 8
    <bullet> Operational aspects of wing in ground (WIG) craft: 
possible amendments to COLREGS
    <bullet> Revision of the High Speed Craft (HSC) Code
    Members of the public may attend these meetings up to the seating 
capacity of the room. Interested persons may seek information by 
writing: Mr. Edward J. LaRue, Jr., U.S. Coast Guard (G-MOV-3), Room 
1407, 2100 Second Street SW, Washington, DC 20593-0001 or by calling: 
(202) 267-0416.

    Dated: May 22, 1998.
Stephen M. Miller,
Executive Secretary, Shipping Coordinating Committee.
[FR Doc. 98-16064 Filed 6-16-98; 8:45 am]
BILLING CODE 4710-07-M
#### Iceies B., Matter of (Shacoya L.)

4th Dept: 148 AD3d 1809

denied*

*

 Motion for poor person relief dismissed as academic or denied.
# Blood drive gets 2020 donations off to a good start

/ Published Feb. 7, 2020
Battle Creek, Michigan, 
A winter snow storm held off until Feb. 6, to help the turnout for the first blood drive for 2020 at the Hart-Dole-Inouye Federal Center on Feb. 5.

The Red Cross website reports there is still a critical need for blood. Medical Technician Ann Chisholm from the Center’s Health Unit said the Red Cross technicians had people from the Federal Center workforce volunteering their blood until the last minute. There were enough volunteers to meet the 75 person goal, but some had to be turned away, leaving 66 total units given.

“Good driving weather, not a vacation time- all good factors,” Chisolm said.

Federal Center personnel who missed the drive or want to give again will have another chance in April. Those outside the workforce use the Red Cross site to find dates and places where they can donate. For more information on blood donations and scheduling, visit the Red Cross website or call 800-RED-CROSS.
Black History Month Spotlight: Barry Humphrey
 
  By Lauren Faal, DLA Information Operations Research and Development
  *Editor’s note: The Defense Logistics Agency recognizes February as Black History Month. To honor the contributions of Black employees, DLA is highlighting those who work daily to support the agency’s global mission.* There’s an African proverb that Barry Humphrey has tried to embody through his life: Each one, teach one. As a member of the Air Force National Guard, an Army officer and a Defense Logistics Agency employee, he takes pride in being a mentor who shares the lessons he’s learned along his education and career paths. Humphrey leads DLA Research and Development’s Logistics Technology Research program, part of DLA Information Operations. LTR supports DLA’s technological transformation through applied research and development of advanced capabilities, ultimately improving business and operational processes. LTR’s focus areas include artificial intelligence or machine learning, blockchain, quantum and edge computing. Humphrey is passionate about his program’s leading-edge work and is currently laying the foundation for two potential collaboration efforts with Morgan State University, a historically black university in Baltimore, Maryland. The collaboration will focus on quantum literacy and blockchain in logistics, areas the university has pioneered as the first historically black university with a Center for the Study of Blockchain and Financial Technology. “This is part of a larger, national upskilling effort for the American workforce,” Humphrey said. “I want to do my part to ensure no group is left behind during this global tech advancement.” While attending Auburn University at Montgomery in his native Alabama, Humphrey joined the Air Force National Guard. After earning a bachelor’s degree in molecular biology, he joined the Army as an officer. The now retired major is a veteran of three Operation Iraqi Freedom tours. “The highlight of my military career was watching my former soldiers take my advice and advance their education and military careers,” he said. “It gives me a sense of pride knowing they view me as a role model.” In May 2021, Humphrey earned a doctorate's degree in information systems and communications from Robert Morris University in Pittsburgh, Pennsylvania, where his research focused on artificial intelligence in healthcare. He endeavors to expose young people to STEM, showing them that technology can be a fun, plausible, secure career path. For Humphrey, Black History Month means honoring a legacy of people who never compromised or waivered in their convictions. He admires those who stood up for what was right and for all people to have a seat at the table. “My favorite aspects of African-American culture are our swag, resilience and perseverance. We have an exciting, rich and diverse culture that knows no bounds,” he said. “The food, music, dance and folk traditions all intertwine to make us who we are as a people.”
*September 7,*2017

2017-Ohio-7487.]

1994-2622.

#### State v. Otte.

Cuyahoga App. No. 64617. On appellant’s motion to stay execution date. Motion denied.

O’Neill, J., dissents.
---

CONSENT OF EXPERT



Thomas Tulp, AusIMM Hatch, 144 Stirling St. Perth WA
6000, Australia



To:      US Securities and Exchange
Commission

Re:      Anooraq Resources Corporation
Form on 20F for the Fiscal year ended December 31, 2005

I, Thomas Tulp, AusIMM., hereby certify that I have read the
disclosure in connection with the Boikgantsho Joint Venture Property contained
in the subject 20F and hereby consent to the reference to myself as a named
expert in the written disclosure in the Form 20F of Anooraq Resources
Corporation.

Dated this 26 day of June, 2006.

---