alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Richard Lai, Appellant, v St. John’s University, Respondent.

[64 NYS3d 227]

In a proceeding pursuant to CPLR article 78 to review a determination of St. John’s University dated June 25, 2014, terminating the petitioner’s employment, the petitioner appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Greco, Jr., J.), dated July 6, 2015, as denied the petition and dismissed the proceeding.

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

The employment of the petitioner, a tenured professor at St. John’s University’s Peter J. Tobin College of Business, was terminated following an investigation into complaints of sexual harassment made by a female student. The petitioner subse*628quently commenced this proceeding to review the determination by St. John’s University that the charges of sexual harassment were substantiated, that his conduct violated its policy against sexual harassment and discrimination and created a hostile educational environment, and that termination of his employment was warranted. The Supreme Court denied the petition and dismissed the proceeding.

The Supreme Court properly determined that St. John’s University substantially complied with its own rules, guidelines, and disciplinary procedures *(see Matter of Fruehwald v Hofstra Univ.,*82 AD3d 1233, 1234 [2011]; *see also Tedeschi v Wagner Coll.,*49 NY2d 652 [1980]), and that its determination sustaining the charges against the petitioner and terminating his employment was neither arbitrary and capricious nor an abuse of discretion *(see Wander v St. John’s Univ.,*147 AD3d 1009 [2017]; *Matter of Tomczak v Board of Educ., Eastchester Union Free Sch. Dist.,*144 AD3d 1165, 1166 [2016]).

The petitioner’s remaining contention is without merit.

Chambers, J.P., Miller, Hinds-Radix and Duffy, JJ., concur.
No. 10-6405.

#### John Thomas Watters, Petitioner v. United States.

562 U.S. 987, 131 S. Ct. 428,

178 L. Ed. 2d 333,

2010 U.S. LEXIS 8183.

October 18, 2010.

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

Same case below, 363 Fed. Appx. 653.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOE AGUIRRE,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

§

§

§

§

§

No. 08-24-00108-CR

Appeal from the

466th District Court

of Comal County, Texas

(TC# CR2017-339E)

MEMORANDUM OPINION

Joe Aguirre is attempting to appeal his conviction for 11 counts of possession with intent 

to promote child pornography.1 Because Aguirre does not have the right to appeal his conviction, 

we dismiss for lack of jurisdiction.

Texas Rule of Appellate Procedure 25.2(a)(2) requires a trial court to enter its certification 

of a defendant’s right of appeal each time it enters a judgment of guilt or other appealable order. 

Tex. R. App. P. 25.2(a)(2). The record before us supports the trial court’s certification that 

Appellant does not have the right to appeal his judgment and sentence; Appellant waived his right 

to a jury trial and entered a negotiated guilty plea. In a plea-bargain case such as this, a defendant 

1 This case was transferred from the Third Court of Appeals pursuant to a Supreme Court of Texas docket equalization 

order. See Tex. Gov’t Code Ann. § 73.001. We follow the precedent of the Third Court of Appeals to the extent it 

might conflict with our own. See Tex. R. App. P. 41.3.
2

may only appeal matters raised by written motion and ruled on before trial, or after acquiring the 

trial court’s permission to appeal. Tedford v. State, No. 08-21-00003-CR, 2021 WL 717603, at *1 

(Tex. App.—El Paso Feb. 24, 2021, no pet.) (mem. op., not designated for publication). The record 

before us does not indicate that Appellant is attempting to appeal any pretrial motions ruled upon 

by the trial court. Nor does it reflect that Aguirre obtained the trial court’s permission to appeal 

any issues. As such, we lack jurisdiction over this appeal. Id.

Accordingly, we dismiss this appeal for lack of jurisdiction.

LISA J. SOTO, Justice

May 24, 2024

Before Palafox and Soto, JJ., and Barajas, C.J., (Ret.)

Barajas, C.J., (Ret.), (sitting by assignment)

Palafox, J., concurring
Exhibit 21.1

Subsidiaries of Constar International Inc.



|                                              |  |                              
|--------------------------------------------- |  | -----------------------------
|Name                                          |  | Jurisdiction of Incorporation
|BFF Inc.                                      |  | Delaware                     
|Constar Foreign Holdings, Inc.                |  | Delaware                     
|Constar, Inc.                                 |  | Pennsylvania                 
|Constar International Holland (Plastics) B.V. |  | The Netherlands              
|Constar International UK Limited              |  | United Kingdom               
|Constar Plastics of Italy S.R.L.              |  | Italy                        
|DT, Inc.                                      |  | Delaware
#### Carlos Perez, Appellant, v Victor Steckler, Respondent.

[66 NYS3d 137]

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered May 26, 2016, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established his prima facie entitlement to judgment as a matter of law by his testimony that as he was driving next to plaintiff’s parked vehicle, plaintiff suddenly opened his driver’s side door, in violation of Vehicle and Traffic Law § 1214, causing defendant to strike the door, and defendant was unable to avoid the accident *(see Tavarez v Castillo Herrasme,*140 AD3d 453, 453 [1st Dept 2016]).

In opposition, plaintiff failed to raise an issue of fact as to whether he violated Vehicle and Traffic Law § 1214, or whether defendant could have avoided the accident.

Concur—Renwick, J.P., Manzanet-Daniels, Gische, Kahn and Singh, JJ.
No. 09-11134.

#### Jerred Mondee Jarmon, Petitioner v. United States.

562 U.S. 863, 131 S. Ct. 145,

178 L. Ed. 2d 87,

2010 U.S. LEXIS 5868.

October 4, 2010.

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

Same case below, 596 F.3d 228.
#### Fortin v. Not Afraid

DA 17-0002

05/09/17

2017 MT 115N

Affirmed

Dist. 12 (Hill)
No. 10-5835.

#### Darryl Allen Smith, Petitioner v. J.F. Salazar, Warden.

562 U.S. 939, 131 S. Ct. 350,

178 L. Ed. 2d 227,

2010 U.S. LEXIS 7309.

October 4, 2010.

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

Same case below, 370 Fed. Appx. 829.
EX 32.1

                           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 Annual Report of North American Gaming and Entertainment
Corporation (the "Company") on Form  10-KSB  for the period ending December 31,
2005 has filed with the Securities and Exchange  Commission  on the date hereof
(the "Report"), I E. H. Hawes II, Chief Executive Officer and  Chief  Financial
Officer of the Company, 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 and belief:

     (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  result  of  operations  of the
Company.


/s/ E.H.HAWES, II
---------------------------
E. H. Hawes, II,
Chief Executive Officer and
Chief Financial Officer

Date:  April 4, 2007
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-1198

LUMIE SOUCEK,

Plaintiff - Appellant,

versus

LAWSON MARDON USA, INCORPORATED,

Defendant - Appellee.

Appeal from the United States District Court for the Western

District of North Carolina, at Charlotte. Richard L. Voorhees,

District Judge. (CA-01-423-V)

Submitted: April 25, 2002 Decided: May 6, 2002

Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Lumie Soucek, Appellant Pro Se. John Christopher Tillman, Associate

Counsel, ALCAN ALUMINUM CORPORATION, Mayfield Heights, Ohio, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Lumie Soucek appeals the district court’s order dismissing her

wrongful termination, harassment, fraud and intentional infliction

of emotional distress claims raised on behalf of her husband. We

have reviewed the record and the district court’s opinion accepting

the recommendation of the magistrate judge and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. See Soucek v. Lawson Mardon USA, Inc., No. CA-01-423-V

(W.D.N.C. filed Feb. 8, 2002; entered Feb. 11, 2002). 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.

AFFIRMED
#### Schneider, Matter of, v Schuyler County

3d Dept: 140 AD3d 1373

denied
Exhibit 10.28



November 7, 2006





Mr. Gary Granoff

Elk Associates Funding Corp.

747 Third Avenue

New York, NY 10017



Dear Gary:



We are pleased to confirm that we hold available a line of credit for Elk Associates Funding Corp. in the amount of $16,000,000.



Credit availability under this line is subject to the receipt of and continuing satisfaction with current financial and other information which current information is to be furnished by you to the Bank as we may, from time to time, require.



The line of credit expires on January 31, 2007.



As in the past, the line of credit may be withdrawn at the Bank's sole

discretion at any time.



If you have any questions, please call me.



Very truly yours,



/s/ Robert J. Fainelli



Robert J. Fainelli

First Vice President





ISRAEL DISCOUNT BANK OF NEW YORK o MEMBER FDIC

511 FIFTH AVE. NEW YORK, NY 10017-4997 o TEL: (212) 551-8500
Exhibit 31.2

                                  CERTIFICATION

     I, Scott E. Willkomm, President of Scottish Re Group Limited certify that:

     1. I have reviewed this quarterly report on Form 10-Q of Scottish Re Group
Limited (the "registrant");

     2. Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were
made, not misleading with respect to the period covered by this report;

     3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

     4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e)) and internal control over financial reporting (as
defined in Exchange Act Rules 13a-15(f) and 15(d)-15(f)) for the registrant and
have:

     a)   designed such disclosure controls and procedures, or caused such
          disclosure controls and procedures to be designed under our
          supervision, to ensure that material information relating to the
          registrant, including its consolidated subsidiaries, is made known to
          us by others within those entities, particularly during the period in
          which this annual report is being prepared;

     b)   evaluated the effectiveness of the registrant's disclosure controls
          and procedures and presented in this report our conclusions about the
          effectiveness of the disclosure controls and procedures, as of the end
          of the period covered by this report based on such evaluation; and

     c)   disclosed in this report any change in the registrant's internal
          control over financial reporting that occurred during the registrant's
          most recent fiscal quarter that has materially affected, or is
          reasonably likely to materially affect, the registrant's internal
          control over financial reporting; and

     5. The registrant's other certifying officers and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to
the registrant's auditors and the audit committee 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 internal control over financial reporting which are
          reasonably likely to adversely affect the registrant's ability to
          record, process, summarize and report financial information; and


<PAGE>

     b)   any fraud, whether or not material, that involves management or other
          employees who have a significant role in the registrant's internal
          control over financial reporting.

Date: August 9, 2004
/s/ Scott E. Willkomm
Scott E. Willkomm
President
[Federal Register Volume 63, Number 119 (Monday, June 22, 1998)]
[Notices]
[Page 33957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16559]



[[Page 33957]]

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

DEPARTMENT OF LABOR

Employment and Training Administration
[NAFTA-01702]


B.E.L.-Tronics Limited a/k/a BEL Tronics LLC, Covington, GA; 
Amendment Certification Regarding Eligibility To Apply for NAFTA-
Transitional Adjustment Assistance

    In accordance with Section 250(a), Subchapter D, Chapter 2, Title 
II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), the 
Department of Labor issued a Certification of Eligibility to Apply for 
NAFTA-Transitional Adjustment Assistance on July 25, 1997, applicable 
to workers of B.E.L.-Tronics Limited located in Covington, Georgia. The 
notice was published in the Federal Register on September 4, 1997 (62 
FR 46775).
    At the request of the State agency, the Department reviewed the 
certification for workers of the subject firm engaged in employment 
related to the production of swingmates (circuit board assemblies). New 
information provided by the State shows that on January 1, 1998, the 
subject firm began operating under the name BEL-Tronics LLC. 
Consequently, some of the workers separated from employment at the 
Covington facility have had their wages reported under the unemployment 
insurance (UI) tax account for BEL-Tronics LLC.
    The intent of the Department's certification is to include all 
workers of the B.E.L.-Tronics Limited, Covington, Georgia plant 
adversely affected by increased imports from Canada or Mexico. 
Accordingly, the Department is amending the certification to reflect 
that B.E.L.-Tronics Limited is also known as BEL-Tronics LLC.
    The amended notice applicable to NAFTA-01702 is hereby issued as 
follows:

    All workers of B.E.L.-Tronics Limited, also known as BEL-Tronics 
LLC, Covington, Georgia, who became totally or partially separated 
from employment on or after June 10, 1996 through July 25, 1999, are 
eligible to apply for NAFTA-TAA under Section 250 of the Trade Act 
of 1974.

    Signed at Washington, D.C. this 10th day of June 1998.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 98-16559 Filed 6-19-98; 8:45 am]
BILLING CODE 4510-30-M
No. 10-6412.

#### Elmer L. O’Connell, Petitioner v. Jeffrey Uttecht, Superintendent, Coyote Ridge Corrections Center.

562 U.S. 1014, 131 S. Ct. 531,

178 L. Ed. 2d 391,

2010 U.S. LEXIS 8500,

November 1, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
DLA shows its commitment to the nuclear enterprise
 
  By DLA Public Affairs
  The Defense Logistics Agency demonstrated its commitment to supporting America’s aging nuclear fleet with a memorandum of agreement outlining logistics support to the U.S. Strategic Command at Offutt Air Force Base, Nebraska, Jan. 7.
The document was signed by DLA Logistics Operations Director Navy Rear Adm. Vincent L. Griffith and Army Maj. Gen. Allen W. Batschelet, USSTRATCOM chief of staff, as one of a number of initiatives, driven by DLA director guidance, to ensure DLA fully serves this critical combatant command and the nuclear enterprise generally.  The MOA, among other things, establishes two DLA liaison positions at HQ USSTRATCOM to ensure DLA maintains a strategic, operational, and tactical planning interface with USSTRATCOM and its components.
Griffith and officials from DLA’s Nuclear Enterprise Support Office have been working with USSTRATCOM, which oversees the military’s nuclear capability, to increase the agency’s role as the services modernize nuclear assets. Many of those systems are 40 years old and are expected to remain in service for another 20 to 25 years.
The nuclear enterprise consists of all weapons systems and command, control and communications systems that support our nuclear deterrent mission. Although the services already count on DLA for parts, the agency can play a much more comprehensive role in sustainment, said Air Force Col. Steve Petters, NESO’s deputy director.
After the signing, Petters and Griffith described several ways that DLA can improve overall support. For example, as the Air Force identifies all the components that make up the ballistic missile as a weapon system, including the missile itself, launch facility, control facility, communications, equipment and utility support, etc., DLA is energizing its supply chains to provide parts it’s never been asked to provide before.
More information on DLA’s commitment to the nuclear enterprise is available in theSeptember-October 2015 edition of Loglines.
#### Hanna Jakubowski et al., Appellants, v Axton Owner LLC et al., Respondents, et al., Defendant.

[65 NYS3d 444]

Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered September 15, 2016, dismissing the complaint as against defendants Axton Owner LLC and Starrett Corporation (collectively Starrett defendants), unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about June 30, 2016, which, inter alia, granted the motion of the Starrett defendants for summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The Starrett defendants made a prima facie showing of entitlement to summary judgment based upon the “storm in progress” defense via the climatological data relied upon by their expert meteorologist *(see*CPLR 4528; *Perez v Canale,*50 AD3d 437 [1st Dept 2008]). In opposition, plaintiffs failed to raise a triable issue as to whether it had stopped snowing long enough for the Starrett defendants’ duty to clear the snow to have arisen. Even fully crediting plaintiff Henrik Jakubowski’s affidavit, it does not shed light on the snowfall during the relevant period, as Administrative Code of City of NY § 16-123 (a) gives landowners a four-hour grace period to clear snow and ice, not including the period between 9:00 p.m. and 7:00 a.m. Furthermore, the nonparty witness’s observation that it was not snowing at 5:00 p.m. is indicative of a temporary lull in the storm and insufficient to raise a triable issue of fact as to the existence of a duty to clear snow and ice *(see e.g. Guntur v Jetblue Airways Corp.,*103 AD3d 485, 486 [1st Dept 2013]).

Concur—Friedman, J.P., Kahn, Gesmer, Kern and Moulton, JJ.
Exhibit 32.1


MTS SYSTEMS CORPORATION
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
 PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)
 
 The undersigned, Laura B. Hamilton, the Chief Executive Officer of MTS Systems Corporation (the “Company”), has executed this Certification in connection with the filing with the Securities and Exchange Commission of the Company’s Quarterly Report on Form 10-Q for the fiscal quarter ended July 3, 2010 (the “Report”).
 
 The undersigned hereby certifies that:
  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.
  A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the SEC or its staff upon request.
  Date: August 5, 2010
  
 /s/ LAURA B. HAMILTONLaura B. HamiltonChair and Chief Executive Officer
EXHIBIT 32.1
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
The undersigned officer of Veridien Corporation (the “Company”) herebycertifies to my knowledge that the Company’s quarterly report on Form 10-QSBfor the quarter ended September 30, 2004 (the “Report”), as filed with theSecurities and Exchange Commission the on date hereof, fully complies with therequirements of Section 13(a) or 15(d), as applicable, of the SecuritiesExchange Act of 1934, as amended, and that the information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company. This certification is provided solelypursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, and shall not be deemed to be part of the Report or“filed” for any purpose whatsoever.             Date: November 15, 2004 Name: /s/ Sheldon C. Fenton           Sheldon C. Fenton   Title: Chief Executive Officer
No. 10-5705.

#### Jason Williams, Petitioner v. Donald N. Snyder, Jr., et al.

562 U.S. 935, 131 S. Ct. 343,

178 L. Ed. 2d 219,

2010 U.S. LEXIS 7396.

October 4, 2010.

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

Same case below, 367 Fed. Appx. 679.
<PAGE>

EXHIBIT 23.1


ACCOUNTANTS' CONSENT


The Board of Directors,
DRS Technologies, Inc.:


        We consent to the incorporation by reference in the registration
statements (No. 33-33125, No. 33-42886 and No. 333-69751) on Form S-8 and (No.
33-64641, No. 333-04929 and No. 333-52170) on Form S-3 of DRS Technologies, Inc.
of our report dated May 17, 2001, relating to the consolidated balance sheets of
DRS Technologies, Inc. and subsidiaries as of March 31, 2001 and 2000, and the
related consolidated statements of earnings, stockholders' equity and
comprehensive earnings, and cash flows and related consolidated financial
statement schedule for each of the years in the three-year period ended March
31, 2001, which report appears in the March 31, 2001 Annual Report on Form 10-K
of DRS Technologies, Inc.


/s/ KPMG LLP


Short Hills, New Jersey
June 26, 2001