alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Dan Ehrlich, Appellant, v Henry Giminez et al., Respondents.

[49 NYS3d 303]

Order and judgment (one paper), Supreme Court, New York County (Robert R. Reed, J.), entered on or about March 17, 2016, which denied petitioner’s motion and dismissed the petition to permanently stay arbitration, unanimously reversed, on the law and the facts, without costs, the denial of petitioner’s motion vacated, the petition reinstated, the matter remanded for a hearing, pursuant to CPLR 7503 (a), to determine whether there was an agreement to arbitrate the disputed issues, and the motion to stay the arbitration held in abeyance pending the outcome of this hearing.

Petitioner notes that the limited liability company (LLC) to which the parties belong, Powerhouse Beverage Company LLC, has an LLC agreement dated January 28, 2014, which contains no agreement to arbitrate, and which states, at section 14.7, that it supersedes all prior agreements between the parties. Respondents, however, note the existence of a December 10, 2012 LLC agreement, apparently executed four days after the formation of the LLC, which contains a mandatory arbitration clause. Section 14.5 of the 2014 agreement states that, in the event of any conflicts between the 2014 agreement and the “Certificate” or the Delaware Limited Liability Act, the provisions of the Certificate or the Act will control. It is clear that the Delaware Limited Liability Act is not the 2012 agreement. However, it is not clear whether the 2012 agreement is the “Certificate of formation” filed at the time of the LLC’s creation. If it is, then the arbitration clause in the 2012 agreement would control, assuming the 2012 agreement was properly executed.

*658If it is not, then the 2014 agreement would supersede the 2012 agreement, and there would be no agreement to arbitrate. Given this dispute, the matter should be “tried forthwith” (CPLR 7503 [a]).

We have considered the parties’ remaining contentions and find them unavailing.

Concur — Tom, J.P., Moskowitz, Feinman, Gische and Kapnick, JJ.
Order entered July 25 , 2022

In The 

### Court of Appeals Fifth District of Texas at Dallas

No. 05

- 22

- 00519

- CV

RUSSELL ELRICH JULIAN , Appellant

V.

QIN GU , Appellee

On Appeal from the County Court at L aw No. 3

Collin County, Texas Trial Court Cause No. 003

- 00976

- 2022

O RDER Before Justices Schenck, Reichek, and Carlyle

Before the Court is appellant’s June 2, 2022 emergency motion to stay the

trial court’s judgment. On J une 6 , 2022, we stayed the trial court ’ s f inal judgment

pending further order of the Court , and we requested that appellee file a response

to the motion.

After reviewing the motion and t he accompanying affida vit , appellee ’ s

response, and appellant ’ s rep ly, we conclude that appellant has f ailed to show hisentitlement to the relief requested. Accordingly, we LIFT the stay issu ed by our

Ju ne 6, 2022 order. 1

/s/ AMANDA L. REICHEK JUSTICE

1 Justice Schenck would have continued th e stay pe nding r esolution of the appeal

.
[Federal Register Volume 63, Number 17 (Tuesday, January 27, 1998)]
[Notices]
[Pages 3911-3912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1635]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[UT-020-1020-00]


Environmental Analysis; Cedar City District, Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of availability.

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

SUMMARY: The Bureau of Land Management, Cedar City District, has 
completed an Environmental Analysis (EA)/Finding of No Significant 
Impact (FONSI) of the Proposed Plan Amendments to the Cedar/Beaver/
Garfield/Antimony and the Paria, Vermilion and Zion Management 
Framework Plans. The Proposed Amendments involve the addition of five 
new land tenure adjustment criteria (LTAs). These LTAs could be used to 
facilitate changes in land ownership enhancing the ability to provide 
for economic growth as well as provide additional protection for 
sensitive resources.

DATES: The protest period for these Proposed Plan Amendments will 
commence with the date of publication of this notice and last for 30 
days. Protests must be received on or before January 27, 1998.

ADDRESSES: Protests must be addressed to the Director (WO-210), Bureau 
of Land Management, Attn: Brenda Williams, 1849 C Street, N.W.,

[[Page 3912]]

Washington, D.C. 20240 within 30 days after the date of publication of 
this Notice of Availability.

FOR FURTHER INFORMATION CONTACT:
Verlin Smith, Area Manager, Kanab Resource Area, at 318 North First 
East, Kanab, Utah 84741, (801) 644-2672. Copies of the proposed Plan 
Amendments are available for review at the Kanab Field Office.

SUPPLEMENTARY INFORMATION: This action is announced pursuant to Section 
202(a) of the Federal Land Management Act (1976) and 43 CFR Part 1610. 
These Proposed Amendments are subject to protests by any party who has 
participated in the planning process. Protest must be specific and 
contain the following information:

--The name, mailing address, phone number, and interest of the person 
filing the protest.
--A statement of the issue(s) being protested.
--A statement of the part(s) of the proposed amendment being protested 
and citing pages, paragraphs, maps etc., of the Proposed Plan 
Amendment.
--A copy of all documents addressing the issue(s) submitted by the 
protestor during the planning process or a reference to the date when 
the protester discussed the issue(s) for the record.
--A concise statement as to why the protester believes the BLM State 
Director is incorrect.

    Dated: January 15, 1998.
G. William Lamb,
State Director, Utah.
[FR Doc. 98-1635 Filed 1-26-98; 8:45 am]
BILLING CODE 4310-DQ-M
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 Patch International, Inc. (the
"Company") on Form 10-QSB for the quarter ending February 28, 2005, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, David Stadnyk, President, Secretary and Treasurer (Principal Executive and
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:

(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.


/s/ DAVID STADNYK
----------------------------------------------
David Stadnyk
President, Secretary and Treasurer
<PAGE>

                                                                    EXHIBIT 23.1

               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

VitalWorks Inc.
Ridgefield, Connecticut

         We hereby consent to the incorporation by reference to the Registration
Statements of VitalWorks Inc., formerly known as InfoCure Corporation (the
"Company"), on Forms S-3, numbers 333-45480, 333-40704, 333-37890, 333-34490,
333-88589, 333-87795, 333-73097 and 333-71109 and Forms S-8, numbers 333-96665,
333-84468, 333-72890, 333-56556, 333-40730, 333-40488, 333-39792 and 333-74773
filed with the Securities and Exchange Commission, respectively, of our reports
dated January 26, 2004 on the consolidated financial statements and schedule of
the Company appearing in the Annual Report on Form 10-K for the year ended
December 31, 2003.

BDO Seidman, LLP
New York, New York

March 12, 2004
# Dr. Martin Luther King, Jr. Day: Remember! Celebrate! Act!

/ Published Jan. 14, 2021
PATRICK AIR FORCE BASE, Florida, 
Dr. Martin Luther King, Jr. is remembered as America’s preeminent advocate of nonviolence and a leader of the Civil Rights movement.

In sermons and speeches, Dr. King’s voice rang out with a call for us to work toward a better tomorrow. He challenged us to live up to the ideals enshrined in our founding documents – that we are all created equal, endowed with unalienable rights to life, liberty and the pursuit of happiness.

The Department of Defense recognizes that freedom, equality and inclusion are true force multipliers and imperative to the national defense and the strength of our nation.

In 1995, Congress designated Martin Luther King, Jr. Day as the first and only federal holiday observed as a national day of service.  Congress charged the Corporation for National and Community Service with leading this national effort.

The MLK Day of Service is a way to channel Dr. King’s life and teaching into community action.

Dr. King once said, “Everyone can be great because everybody can serve.” Observing MLK Day through service continues the DOD’s mission of fostering change and building communities.

Each year, on the third Monday in January, DOD joins the nation in honoring the life and legacy of Dr. King by making the holiday a day of community service – “A Day On, Not A Day Off.”

Americans answer the call to action by serving their neighborhoods and volunteering their time to make a positive difference in their communities. The men and women of the DOD honor Dr. King by living up to the standard he set. Together they ensure his legacy lives on, and as one DoD family, rise up to meet today’s challenges.

Visit https://www.nationalservice.gov/serve-your-community/mlk-day-service for more information on the Martin Luther King, Jr. Day of Service and to find volunteer opportunities.
#### Faride Igbara, Individually and as Administrator of the Estate of Sary M. Igbara, Deceased, Appellant, v Verizon Communications, Inc., Respondent.

[770 NYS2d 29]

Order, Supreme Court, New York County (Harold Tompkins, J.), entered December 18, 2002, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (7), unanimously affirmed, without costs.

Plaintiffs husband was murdered by an individual who, having stolen one of defendant Verizon’s vehicles, gained admission to plaintiffs home by representing that he was a Verizon employee. There is no allegation that the assailant was, in fact, a Verizon employee, only that Verizon’s negligence in safeguarding its vehicle placed the impostor in a position to harm plaintiff and her husband. Defendant, however, had no relationship with plaintiff and her husband sufficient to support imposing upon it a duty to protect them from the criminal conduct of a third party over whom it had neither supervision nor control *(see Hamilton v Beretta U.S.A. Corp.,*96 NY2d 222 [2001]; *Lauer v City of New York,*95 NY2d 95, 100 [2000]). Accordingly, the *331complaint was properly dismissed. Concur—Nardelli, J.P., Saxe, Rosenberger, Williams and Friedman, JJ.
Exhibit 23.1

INDEPENDENT AUDITOR'S CONSENT

We consent to the incorporation by reference of our report dated March 7, 2002
accompanying the financial statements of Earth Sciences, Inc. to Form S-8
Registration Statement deemed effective June 10, 1997, File No. 333-28851, Form
S-8 Registration Statement deemed effective February 4, 1999, File No.
333-71789, Form S-8 Registration Statement deemed effective September 10, 1999,
File No. 333-86885, Form S-8 Registration Statement deemed effective December
10, 1999, File No. 333-92567, Form S-8 Registration Statement deemed effective
March 2, 2000, File No. 333-31454, Form S-8 Registration Statement deemed
effective April 26, 2000, File No. 333-35614, Form S-8 Registration Statement
deemed effective November 15, 2000, File No. 333-50014, Form S-8 Registration
Statement deemed effective March 12, 2001, File No. 333-56876, Form S-8
Registration Statement deemed effective July 20, 2001, File No. 333-65480, Form
S-8 Registration Statement deemed effective November 14, 2001, File No.
333-73292, Form S-3 Registration Statement declared effective July 23, 1997,
File No. 333-25465, Form S-3 Registration Statement declared effective September
22, 1997, File No. 333-35135, Form S-3 Registration Statement declared effective
February 25, 1998, File No. 333-46199, Form S-3 Registration Statement declared
effective February 25, 1998, File No. 333-62173 and Form S-3 Registration
Statement declared effective September 24, 1999, File No. 333-76081 and Form S-3
Registration Statement declared effective February 2, 2000, File No. 333-93075
of Earth Sciences, Inc. and to the use of our name and the statements with
respect to us, as appearing under the heading "Experts" in such Registration
Statements.

/s/ Hein + Associates LLP
-------------------------
HEIN + ASSOCIATES

Denver, Colorado
March 27, 2002
No. 10M40.

#### Henry Zambrano Rodriguez, Petitioner v. United States.

562 U.S. 979, 131 S. Ct. 442,

178 L. Ed. 2d 320,

2010 U.S. LEXIS 8256.

October 18, 2010.

Motion for leave to file a petition for writ of certiorari under seal with redacted copies for the public record granted.
#### Colebrooke Theatrical LLP, Respondent, v Stephane Bibeau et al., Appellants, et al., Defendant.

[64 NYS3d 512]

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered on or about August 8, 2016, which to the extent appealed from, denied the motion of defendants to vacate the default judgment as against Stephane Bibeau and C3 Global Capital HK Limited (C3 Global), unanimously affirmed, with costs.

Bibeau’s conclusory denials that service did not occur are insufficient to rebut the presumption of service as detailed in the affidavit of service *(see Marston v Cole,*147 AD3d 678, 680 [1st Dept 2017]; *Trini Realty Corp. v Fulton Ctr. LLC,*53 AD3d 479 [2d Dept 2008]; *Colon v Beekman Downtown Hosp.,*111 AD2d 841 [2d Dept 1985]). Nor are they sufficient to require a traverse hearing (see *Reem Contr. v Altschul & Altschul,*117 AD3d 583, 584 [1st Dept 2014]). C3 Global was also validly served, pursuant to the Hague Convention and Hong Kong Rules, at its registered office, an office it may not have occupied on the date of service, but nonetheless used (see Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents, 20 UST 361, TIAS 6638 [1969]; Declaration of Hong Kong, art 5 [1] [a], https://www.hcch.net/en/states/ authorities/details3/?aid=393).

Defendants’ arguments pursuant to CPLR 5015 (a) (1) are also without merit. Bibeau’s opinion that he had not been properly served, and was thus free to ignore the suit, a copy of which he received in the mail, was not reasonable (see *Yao Ping Tang v Grand Estate, LLC,*77 AD3d 822, 823 [2d Dept 2010]). In any event, neither Bibeau, nor C3 Global, presented a meritorious defense to this breach of contract action.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Kahn and Moulton, JJ.
|                                                                                                 
|-------------------------------------------------------------------------------------------------
|                                                                                                 
|View History:  Monthly  Annual Download Data (XLS File)                                         
|View History:  Monthly  Annual                                                                   
|View History:  Monthly  Annual                                                                   
|View History:                                                                                    
|                                                                                                 
|Grand Island, NY Natural Gas Pipeline Exports (Price) to Canada (Dollars per Thousand Cubic Feet)
|                                                                                                 
|                                                                                                 
|Grand Island, NY Natural Gas Pipeline Exports (Price) to Canada (Dollars per Thousand Cubic Feet)
|                                                                                                 

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2000's                                                                                                                            |        |        |        |        |        |        |        | --     | --     | --    
|2010's                                                                                                                            | --     | 3.82   | 3.02   | 3.84   | 9.81   | 2.38   | 2.27   | 2.87   | 2.99   | 2.50  
|2020's                                                                                                                            | 1.93   | 3.64   | 6.28   | 1.96   |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
[Federal Register Volume 63, Number 119 (Monday, June 22, 1998)]
[Notices]
[Pages 33963-33964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16566]


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

NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES


Institute of Museum and Library Services: Grant Deadline Extended

SUMMARY: The Institute of Museum and Library Services (IMLS) announces 
the extension of the application deadline for the Basic Library 
Services Grants of the Native American Library Services grant program 
to Friday, July 31, 1998. This extension will ensure that all eligible 
tribes have an opportunity to apply for these non-competitive grants to 
support existing library operations. The deadline for two types of 
special-purpose grants in the Native American Library Services grant 
program, Technical Assistance Grants and Enhancement Grants, have not 
been extended. The Institute of Museum and Library Services is sending 
the guidelines to all 1997 grant applicants who have not submitted 
applications this year, as well as to others who have requested them.

ADDRESSES: For more information, or to be placed on the mailing list 
contact: The Institute of Museum and Library Services, 1100 
Pennsylvania Avenue, NW., Washington, DC 20506 (202) 606-5227; 
<a href="/cdn-cgi/l/email-protection#a0c9cdccd3c9cec6cfe0c9cdccd38ec6c5c48ed5d3"><span class="__cf_email__" data-cfemail="c6afabaab5afa8a0a986afabaab5e8a0a3a2e8b3b5">[email protected]</span></a>


[[Page 33964]]


(Catalogue of Federal Domestic Assistance No. 45.311)

    Dated: June 15, 1998.
Mamie Bittner,
Director Public and Legislative Affairs.
[FR Doc. 98-16566 Filed 6-22-98; 8:45 am]
BILLING CODE 7036-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
No. 10-5341.

#### Ricky D. Sluder, Petitioner v. United States.

562 U.S. 916, 131 S. Ct. 280,

2010 U.S. LEXIS 7098.

178 L. Ed. 2d 184,

October 4, 2010.

Petition for writ of

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

Same case below, 593 F.3d 990.
No. 10-5981.

#### Juan Manuel Colindres-Comelli, Petitioner v. Eric H. Holder, Jr., Attorney General.

562 U.S. 943, 131 S. Ct. 363,

178 L. Ed. 2d 234,

2010 U.S. LEXIS 7458.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
**EXHIBIT
        32.2**
 
 **STATEMENT
        OF CHIEF ACCOUNTING OFFICER**
 **PURSUANT
        TO SECTION 1350 OF TITLE 18 OF THE UNITED STATES CODE**
 
 
 Pursuant
        to Section 1350 of Title 18 of the United States Code, the undersigned, Peter
        Roston, chief accounting officer of Axion Power International, Inc (the
        "Company"), hereby certifies that:
 
 The
        Company's Form 10-KSB Annual Report for the year ended December 31, 2004
        (the
        "Report") fully complies with the requirements of Section 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 results of operations of the Company.
 
 
  /s/
        Peter Roston
  Peter
        Roston, Chief Financial Officer
 Dated:
        June 16, 2005
<PAGE>

                                                                    EXHIBIT 23.1

                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation by
reference in the Registration Statement on Form S-8 (No. 333-33375) of Nexar
Technologies, Inc. of our report dated January 24, 1997 (except with resepct to
the matter discussed in note 10 as to which the date is February 28, 1997) on
the financial statements on Nexar Technologies, inc. as of December 31, 1995 and
1996, and for the period from inception (March 7, 1995) to December 31, 1995 and
for the year ended December 31, 1996 included in Nexar Technologies, Inc. Form
10-K for the year ended December 31, 1997. It should be noted that we have not
audited any financial statements of Nexar Technologies, Inc. subsequent to
December 31, 1996.





                                                             ARTHUR ANDERSEN LLP

Boston, Massachusetts
March 27, 1998