alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Olyn Phin, Respondent, v City of New York et al., Appellants.

[70 NYS3d 1]

Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered on or about April 12, 2016, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

The evidence shows that plaintiff resided in and was the leaseholder of an apartment where contraband was discovered pursuant to a search warrant. Plaintiff’s residence and tenancy established her dominion and control over the apartment, and thus placed her in constructive possession of the contraband *554found therein *(see People v Diaz,*24 NY3d 1187, 1190 [2015]; *People v Martini,*79 NY2d 561, 573 [1992]). This is so despite the fact that her children’s father had access to the apartment and also admitted and was charged with possession of the same contraband, since “[possession if joint is no less possession” *(People v Tirado,*38 NY2d 955, 956 [1976]). This is also true despite the fact that plaintiff was not in the apartment when the search warrant was executed and the contraband discovered *(see Boyd v City of New York,*143 AD3d 609 [1st Dept 2016]; *People v Hines,*278 AD2d 849 [4th Dept 2000], *affd*97 NY2d 56 [2001]). Plaintiff’s possession of the contraband, in turn, gave rise to probable cause for her arrest. Nor does the record show that there were any material changes in fact to undermine the probable cause between her arrest and the filing of charges against her *(see Brown v City of New York,*60 NY2d 893, 894-895 [1983]). There is no evidence in the record sufficient to overcome the presumption of validity in the search warrant which led to the discovery of the contraband *(see People v Calise,*256 AD2d 64, 65 [1st Dept 1998], *lv denied*93 NY2d 851 [1999]).

The existence of probable cause constitutes a complete defense to plaintiff’s state claims *(see Nadal v City of New York,*105 AD3d 598 [1st Dept 2013], *lv denied*21 NY3d 861 [2013]; *Lawson v City of New York,*83 AD3d 609 [1st Dept 2011], *lv dismissed*19 NY3d 952 [2012]), and federal claims for false arrest, false imprisonment, and malicious prosecution *(see Brown v City of New York,*289 AD2d 95 [1st Dept 2001]; *Manganiello v City of New York,*612 F3d 149, 161-162 [2d Cir 2010]).

The existence of probable cause likewise defeats any claim for the same acts based on a lesser showing of negligence *(see Boose v City of Rochester,*71 AD2d 59, 62 [4th Dept 1979]; *Garcia v Bloomberg,*2015 WL 5444122, *4, 2015 US Dist LEXIS 123407, *10 [SD NY, Sept. 10, 2015, 11-cv-6957 (JSR)], *affd*662 Fed Appx 50 [2d Cir 2016], *cert denied*582 US —, 137 S Ct 2266 [2017]).

There is no evidence to support any claim for use of excessive force in effecting her arrest.

Concur—Acosta, P.J., Sweeny, Gische, Andrias and Gesmer, JJ.
# Fourth Court of Appeals

San Antonio, Texas

September 15, 2016

No. 04

- 16

- 00487

- CV

IN THE INTEREST OF J.M.C., A CHILD

,

Appellant

From the 166th Judicial Distri ct Court, Bexar County, Texas

Trial Court No. 2015PA01162 Honorable Charles E. Montemayor, Judge Presiding



### O R D E R

The reporter’s record in this appeal from a trial court’s order terminating appellant’s parental rights was due September 8, 2016. On volume of the reporter’s record was filed by reporter David Zarate on September 12, 2016. However, the volume filed by Mr. Zarate

indicated it was volume two of the record. Mr. Zarate advised that volume one of the record was taken by court reporter Decl ine M. Benavides. After contacting Ms. Benavides, she filed a notification of late record stating that she had not been notified that an appeal had been filed until September 14, 2016. Accordingly, she has requested an additional fifteen days from the or iginal

due date to file the record. After reviewing the notification of late record, we GRANT Ms. Benavides’s request for an extension of time to file the record and ORDER her to file her portion of the reporter’s record in this court on or before Septemb er 23, 2016.

_______________________________ __ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 15th day of September, 2016

.

__________________________ _________ Keith E. Hottle

Clerk of Court
<PAGE>   1
 
                                                                      EXHIBIT 23
 
                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS
 
     We consent to the incorporation by reference in the registration statements
of The Dexter Corporation on Form S-8 (File Nos. 2-63959, 33-27597, 33-53307,
33-53309, 333-02985, 333-04081 and 333-42663) of our report dated February 3,
1998, on our audits of the consolidated financial statements and financial
statement schedule of The Dexter Corporation as of December 31, 1997, 1996, and
1995, and for the years then ended, appearing on page F-2 of The Dexter
Corporation's Annual Report on Form 10-K for the year ended December 31, 1997.
 
                                          /s/ Coopers & Lybrand L.L.P.
                                          COOPERS & LYBRAND L.L.P.
 
Springfield, Massachusetts
March 10, 1998
No. 10-6539.

#### Roland Mathis, Petitioner v. United States.

562 U.S. 990, 131 S. Ct. 437,

178 L. Ed. 2d 339,

2010 U.S. LEXIS 8176.

October 18, 2010.

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

Same case below, 401 Fed. Appx. 417.
<TABLE> <S> <C>


<ARTICLE>                     5
                                    <LEGEND>
                                   EXHIBIT 27

                             FINANCIAL DATA SCHEDULE
                           ARTICLE 5 OF REGULATION S-X

</LEGEND>



<S>                                  <C>

<PERIOD-TYPE>                                                          9-MOS
<FISCAL-YEAR-END>                                                      jan-31-2000
<PERIOD-END>                                                           oct-31-1999
<CASH>                                                                 46
<SECURITIES>                                                           0
<RECEIVABLES>                                                          13,515
<ALLOWANCES>                                                           0
<INVENTORY>                                                            116,000
<CURRENT-ASSETS>                                                       152,961
<PP&E>                                                                 188,079
<DEPRECIATION>                                                         102,757
<TOTAL-ASSETS>                                                         238,283
<CURRENT-LIABILITIES>                                                  4,132,120
<BONDS>                                                                0
<PREFERRED-MANDATORY>                                                  0
<PREFERRED>                                                            0
<COMMON>                                                               46,363
<OTHER-SE>                                                             (4,130,200)
<TOTAL-LIABILITY-AND-EQUITY>                                           238,283
<SALES>                                                                88,474
<TOTAL-REVENUES>                                                       88,474
<CGS>                                                                  208,882
<TOTAL-COSTS>                                                          4,831,203
<OTHER-EXPENSES>                                                       0
<LOSS-PROVISION>                                                       0
<INTEREST-EXPENSE>                                                     52,112
<INCOME-PRETAX>                                                        (4,794,841)
<INCOME-TAX>                                                           0
<INCOME-CONTINUING>                                                    (4,794,841)
<DISCONTINUED>                                                         0
<EXTRAORDINARY>                                                        0
<CHANGES>                                                              0
<NET-INCOME>                                                           (4,794,841)
<EPS-BASIC>                                                            (1.14)
<EPS-DILUTED>                                                          (1.14)


</TABLE>
Exhibit 31.1

                                  CERTIFICATION

            Pursuant to Section 302 of the Sarbanes Oxley Act of 2002

I, Robert C. Silzer, certify that:

1. I have reviewed this annual report on Form 10-KSB of GPS Industries, Inc.;

2. Based on my knowledge, this annual 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 annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual 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 annual report;

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
registrant and I have:

         a) designed such internal controls to ensure that material information
relating to the registrant and its subsidiaries (collectively, the "Company") is
made known to me by others within the Company, particularly during the period in
which this annual report is being prepared;

         b) evaluated the effectiveness of the registrant's internal controls as
of a date within 90 days prior to the filing date of this annual report (the
"Evaluation Date"); and

         c) presented in this annual report my conclusions about the
effectiveness of the disclosure controls and procedures based on my evaluation
as of the Evaluation Date;

5. I have disclosed, based on our most recent evaluation, to the registrant's
auditors and the audit committee of the registrant's board of directors:

         a) all significant deficiencies (if any) in the design or operation of
internal controls which could adversely affect the registrant's ability to
record, process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

         b) any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
controls; and

6. I have indicated in this annual report whether or not there were significant
changes in internal controls or in other factors that could significantly affect
internal controls subsequent to the date of our most recent evaluation,
including any corrective actions with regard to significant deficiencies and
material weaknesses.


Date:  December 1, 2005              /s/Robert C. Silzer
                                        -------------------------------------
                                        Robert C. Silzer
                                        President and Chief Executive Officer
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  GiveMePower  Corporation  (the
"Company") on Form 10-QSB for the period ending  December 31, 2005 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
J.L. (Jim) Bolokoski,  Chief Financial Officer of the Company, certify, pursuant
to 18 U.S.C. section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)  The Report fully complies with the  requirements  of section 13(a) or 15(d)
     of the Securities and 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.

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

Date:  February 14, 2006                          By: /s/ J.L. (JIM) BOLOKOSKI
                                                     -------------------------
                                                  J.L. (Jim) Bolokoski
                                                  Chief Financial Officer
164 A.3d 390

#### HENRY H. THOMAS, JR., PLAINTIFF-PETITIONER, v. PRINCETON UNIVERSITY, ANNE ST. MAURO, AND MARK BURSTEIN, DEFENDANTS-RESPONDENTS.

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, with costs.
No. 10-5354.

#### Ivan Vasquez and Alberto Renteria, Petitioners v. James Walker, Warden.

562 U.S. 917, 131 S. Ct. 282,

2010 U.S. LEXIS 7085.

178 L. Ed. 2d 185,

October 4, 2010.

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

*186Same case below, 359 Fed. Appx. 758.
VI

103D CONGRESS

2D SESSION S. 2446

For the relief of Pyonghui Gonion Arrington.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 21 (legislative day, SEPTEMBER 12), 1994

Mr. CRAIG introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

For the relief of Pyonghui Gonion Arrington.

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

3 SECTION 1. PERMANENT RESIDENCE.

4 In the administration of the Immigration and Nation5 ality Act (8 U.S.C. 1101 et seq.), Pyonghui Gonion

6 Arrington shall be held and considered to have been law7 fully admitted to the United States for permanent resi8 dence as of the date of this Act upon payment of the re9 quired visa fees.

10 SEC 2. REDUCTION OF NUMBER OF AVAILABLE VISAS.

11 Upon the granting of permanent residence to

12 Pyonghui Gonion Arrington as provided in this Act, the
2

S 2446 IS

1 Secretary of State shall instruct the proper officer to re2 duce by one number during the current fiscal year the

3 total number of immigrant visas available to natives of the

4 country of the alien’s birth under subsection (a) of section

5 203 of the Immigration and Nationality Act (8 U.S.C.

6 1153).

Æ
[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Notices]
[Page 34195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16595]


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

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 hereby given that a meeting 
of the Combined Arts Panel, Visual Arts Section (Creation & 
Presentation Category) to the National Council on the Arts will be held 
on July 28-31, 1998. The panel will meet from 9:00 a.m. to 5:30 p.m. on 
July 28-30, and from 9:00 a.m. to 4:00 p.m. on July 31, in Room 716 at 
the Nancy Hanks Center, 1100 Pennsylvania Avenue, NW., Washington, DC 
20506. A portion of this meeting, from 3:00 to 5:30 p.m. on July 30, 
will be open to the public for a policy discussion on community, state, 
and field issues and needs, Leadership Initiatives, Millennium 
projects, and guidelines.
    The remaining portions of this meeting, from 9:00 a.m. to 5:30 p.m. 
on July 28 and 29, from 9:00 a.m. to 3:00 p.m. on July 30, and from 
9:00 a.m. to 4:00 p.m. on July 31, 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 17, 1998.
Kathy Plowitz-Worden,
Panel Coordinator, Panel Operations, National Endowment for the Arts.
[FR Doc. 98-16595 Filed 6-22-98; 8:45 am]
BILLING CODE 7537-01-M
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTINGFIRM**

Weconsent to the incorporation by reference in Registration Statement Nos. 333-30847,333-57952, 333-101233 and 333-107111 of EPIQ Systems, Inc.on Form S-8, and in Registration Statement No. 333-101232of EPIQ Systems, Inc. on Form S-3 of our reports dated February 22,2005 relating to the financial statements and financial statement schedule ofEPIQ Systems, Inc. and management’s report on the effectiveness ofinternal control over financial reporting, appearing in this Annual Report on Form 10-Kof EPIQ Systems, Inc. for the year ended December 31, 2004.
| DELOITTE & TOUCHE LLP |
|--------------------------------|
| Kansas City, Missouri          |
| March 1, 2005             |

 

----
Exhibit 32.1


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

     In connection with the Quarterly Report of Scottish Re Group Limited (the
"Company") on Form 10-Q/A for the quarterly period ended June 30, 2007 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, George Zippel, Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:

     The Report fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934; and

     The information contained in the Report fairly presents, in all material
respects, the financial condition and result of operations of the Company.

/s/ George Zippel
-------------------------------
George Zippel
President and Chief Executive Officer
November 8, 2007

     A signed original of this written statement required by Section 906 has
been provided to Scottish Re Group Limited and will be retained by Scottish Re
Group Limited and furnished to the Securities and Exchange Commission or its
staff upon request.
p130071.eng

INITIAL REVIEW ENGINEERING REPORT 

PMN: 13-0071

Focus Ready Draft 11/19/2012

ENGINEER: Choudhary \ EV

PV (kg/yr): 

SUBMITTER: 

USE:

 

 

 

Page 1
p130071.eng

 

SAT (concerns) (11/09/2012):

Related Cases and Related Cases and Misc SAT Info:

Ecotox Related Cases:

Migration to groundwater: Negligible

PBT rating: P1B1T1 .

Health: 2 Dermal, Inhalation

Eco: 3 Water (All releases to water with a CC = 1 ppb.),

No releases to Water

OCCUPATIONAL EXPOSURE RATING: 1D

NOTES & KEY ASSUMPTIONS:

Generated by the 06/07/2005 version of ChemSTEER. 

 

 

 

 

 

 

Page 2
p130071.eng

Page 3
p130071.eng

 

INITIAL REVIEW ENGINEERING REPORT 

PMN: 13-0071

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 4
p130071.eng

 

INITIAL REVIEW ENGINEERING REPORT 

PMN: 13-0071

 

Page 5
p130071.eng

 

 

 

 

 

Page 6
p130071.eng

Concerning what TSCA CBI?

PMN: 13-0071

 

 

 

 

Page 7
HELICOPTER S 

Double M Helicopters Inc. 19 MAY 2011 

242 Pirates Loop S.E 

Mandan,ND 58554 

U.S. Department of Transportation 

Docket Management Facility 

1200 New Jersey Ave S.E. 

West Building, Ground Floor, Room W12-140 

«.'"> •• ' U ' I ' •": ! • I'll. ' , < ; •:. • •. . . I.; , -i , -^ij -

Washington, DC 20590 

RE: Doubly M HelicoptersUnc, Petitirin fa; ^emption from. 14,CFR Part 120.117, (a), (2). , j / , 

Pursuant to 14 CFR 11.16(b) and 11.81, Double M Helicopters Inc hereby petitions for an exemption 

from the requirement for.a separate Drug and Alcohol Misuse Prevention progranj for part 91.147(a) 

operations. . .. i ,; . .] i 

Double M Helicopters Inc, located the address above» currently operat^^ under a part 135.Air Carrier 

certificate and a 14 CFR 91.147 letter of authorization. Both are operated by the same single pilot \ 

operator and the only person on each authorization participates in DMH's Part 135 Drug and Alcohol 

Misuse Prevention Program. Having an additional program for the one and only person under the 

certificates will provide no increase in safety to the public. Separate and thus dual Drug and Alcohol will 

only Increase the cost to DMH's operatjons and tjius the,flyipg public with,ou,t providing any increase in 

safety. There is only one person to test, myself, as the company president and only pilot. OMH ensures 

that all safety sensitive personnel used on a contractual basis are covered by a Drug and Alcohol Misuse 

and Prevention Program and as such,( maintains and equivalent level of safety for the flying public. ^ 

In Summary, Double M Helicopters Inc seeks an exemption from the requirement under 14 CFR 

120tll7Xa), (2) fortwo separate Drug and Alcohol (Misuse Pr^ventipn Programs under one company and 

management. 

Your attention to this matter is greatly appreciated. 

Monte R. Myers 

President, Double M Helicopters Inc.