alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Indian Harbor Insurance Company, Appellant, v SP&K Construction et al., Respondents. (And Another Title.)

[53 NYS3d 549]

In an action for a judgment declaring that an insurance policy issued by the plaintiff to the defendants is void and that the plaintiff is entitled to rescission of the policy, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated March 23, 2015, as denied its motion for summary judgment on the complaint.

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

To establish the right to rescind an insurance policy, an insurer must show that its insured made a material misrepresentation of fact when securing the policy *(see Caldara v Utica Mut. Ins. Co.,*130 AD3d 665, 665 [2015]; *Interboro Ins. Co. v Fatmir,*89 AD3d 993, 994 [2011]). A misrepresentation is material if the insurer would not have issued the policy had it known the facts misrepresented *(see Interboro Ins. Co. v Fatmir,*89 AD3d at 994). “To establish materiality as a matter of law, the insurer must present documentation concerning its underwriting practices, such as underwriting manuals, bulletins, or rules pertaining to similar risks, that show that it would not have issued the same policy if the correct informa*705tion had been disclosed in the application” *(Schirmer v Penkert,*41 AD3d 688, 690-691 [2007]).

Here, the Supreme Court properly denied the plaintiff’s motion for summary judgment on the complaint. The plaintiff failed to establish its prima facie entitlement to judgment as a matter of law on the issue of the materiality of the alleged misrepresentations *(see Alvarez v Prospect*Hosp., 68 NY2d 320 [1986]; *Zuckerman v City of New York,*49 NY2d 557 [1980]; *Schirmer v Penkert,*41 AD3d at 691; *Parmar v Hermitage Ins. Co.,*21 AD3d 538, 540 [2005]). Since the plaintiff failed to meet its prima facie burden, its motion for summary judgment was properly denied, regardless of the sufficiency of the defendants’ papers in opposition *(see Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851, 853 [1985]).

Chambers, J.P., Roman, Miller and Connolly, JJ., concur.
1 The Honorable George Howard, Jr., United States District Judge for the Eastern District of Arkansas. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 04-3128

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Richard Durnal, * * [UNPUBLISHED] Appellant. *

___________ Submitted: July 1, 2005 Filed: July 7, 2005

___________ Before BYE, RILEY, and COLLOTON, Circuit Judges.

___________ PER CURIAM. Richard Durnal (Durnal) appeals the judgment the district court 1 entered after he pled guilty to conspiring to manufacture and distribute more than 500 grams of a methamphetamine mixture, in violation of 21 U.S.C. § 846. His counsel has moved to withdraw and filed a brief under Anders v. California , 386 U.S. 738 (1967), arguing the court erred in enhancing Durnal’s sentence based on the uncharged fact he possessed a weapon in connection with the drug conspiracy. Durnal has filed a pro-2- se supplemental brief arguing his attorney coerced him into pleading guilty and did not properly defend him; and he seeks appointment of new counsel.
Counsel’s argument fails. The firearm enhancement was based solely on facts to which Durnal stipulated, resulting in no Sixth Amendment violation. The district court applied the Guidelines as advisory, rather than as mandatory, and the record reflects the district court considered the factors of 18 U.S.C. § 3553(a). We conclude the sentence was not unreasonable. See United States v. Booker , 125 S. Ct. 738, 756, 764-67 (2005).The pro se arguments also fail. During thorough questioning at the change-ofplea hearing, Durnal admitted the factual basis for his offense and affirmed he was pleading guilty voluntarily. SeeUnited States v. Martinez-Cruz , 186 F.3d 1102, 1104 (8th Cir. 1999) (to be constitutionally valid, guilty plea must be knowing, voluntary, and intelligent; because guilty plea constitutes waiver of various constitutional rights, it must be made with sufficient awareness of relevant circumstances and likely consequences); Nguyen v. United States , 114 F.3d 699, 703 (8th Cir. 1997) (defendant’s representations during plea-taking carry strong presumption of verity). Any ineffective-assistance claim should be deferred to proceedings under 28 U.S.C. § 2255 in which an appropriate record may be developed. See United States v. Hughes , 330 F.3d 1068, 1069 (8th Cir. 2003). Having reviewed the record independently pursuant to Penson v. Ohio , 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, we deny Durnal’s motion for appointment of new counsel, and we affirm the judgment.

______________________________
DLA Aviation lends one of its own to national COVID-19 response
 
  By Natalie Skelton, DLA Aviation Public Affairs
  A Defense Logistics Agency contracting officer with firsthand experience responding to a crisis is helping the agency’s Rapid Deployment Blue Team support U.S. Army North medical and logistics units responding to COVID-19. DLA Aviation’s Efrain Acevedo Santiago, known by his peers as “Ace,” deployed with the DLA Headquarters-level RDT in early April to Joint Base San Antonio, Texas, from his office in Huntsville, Alabama. He joined one of three DLA RDTs in 2018 after seeing the devastation Hurricane Maria caused to his native Puerto Rico. The cross-functional, 13-member teams deploy on short notice to provide logistics support during emergencies and contingencies. As the RDT’s DLA liaison officer for the 4th Expeditionary Sustainment Command, Acevedo is tracking supply requests, conducting market research and educating the command on DLA’s capabilities. The team was augmented by DLA employees already at locations like JBSA to allow some members to support via telework due to travel restrictions. “We went from a 13-member to a 20-member team, with the majority working from their respective houses across the U.S.,” he said. “Having subject matter experts in different areas like disposition, distribution, legal, etc., was insurmountable when it came to answering every question asked by our customers. The amount of knowledge my teammates have brought to this team is second to none.” The gravity of the RDT’s mission struck Acevedo as he and the RDT commander drove across the Louisiana-Texas state line and were required to report their business to Texas’ Public Safety Department, he said. A retired Army combat engineer, Acevedo has spent the past two years managing the procurement of helicopter parts for the Army Logistics Center at Redstone Arsenal as the Army Depot Repairable Site Aviation Division chief of DLA Aviation’s Strategic Acquisition Programs Directorate. He joined DLA nine years ago as an intern and previously deployed for DLA in November 2018 with a team responding to the migrant crisis at the Texas border, where he assisted in the management of contracts for the 4th Infantry Division’s Operational Contract Support Integration Cell. George Scheers Jr., Acevedo’s boss and director of procurement operations for DLA Aviation in Huntsville, described Acevedo as “the guy who always finds a way, never complains and makes everyone around him better.”
 
“It doesn’t matter if we are writing a contract, building a bridge or baking a cake. Teammates like Ace are the clear choice to ensure success,” he said.
#### Hyunwon Kang, Appellant, v Gregory Guillen et al., Respondents.

[57 NYS3d 501]

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated March 14, 2016, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.

Ordered that the order is reversed, on the law, with costs, *828and the defendants’ motion for summary judgment dismissing the complaint is denied.

The defendants failed to meet their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see *Toure v Avis Rent A Car Sys.,*98 NY2d 345 [2002]; *Gaddy v Eyler,*79 NY2d 955, 956-957 [1992]). The defendants failed to submit competent medical evidence establishing, prima facie, that the plaintiff did not sustain a serious injury to his right shoulder or the cervical and lumbar regions of his spine under either the permanent consequential limitation of use or significant limitation of use categories of Insurance Law § 5102 (d), as the defendants’ expert found significant limitations in the range of motion of those body parts *(see Mercado v Mendoza,*133 AD3d 833, 834 [2015]; *Miller v Bratsilova,*118 AD3d 761 [2014]). Since the defendants failed to meet their prima facie burden, it is unnecessary to determine whether the papers submitted by the plaintiff in opposition were sufficient to raise a triable issue of fact *(see Che Hong Kim v Kossoff,*90 AD3d 969 [2011]). Accordingly, the Supreme Court should have denied the defendants’ motion for summary judgment dismissing the complaint.

Rivera, J.P., Leventhal, Austin and Cohen, JJ., concur.
Exhibit 32.2

CERTIFICATION PURSUANT TO

RULE 13a-14(b) OF

THE SECURITIES EXCHANGE ACT OF 1934

In connection with the quarterly report on Form
10-Q, (the Report), of SunCom Wireless, Inc. (the Company) for the period ended September 30, 2007, as filed with the Securities and Exchange Commission as of the date hereof, I, Eric Haskell, Chief Financial Officer of
the Company, hereby certify, pursuant to 18 U.S.C. §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), as appropriate, of the Securities Exchange Act of 1934, as amended; 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/ Eric HaskellName:

Eric HaskellTitle:

Chief Financial OfficerDate:

November 13, 2007


A signed original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version 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 Securities and Exchange Commission or its staff upon request.

This certification accompanies the Report,
is not deemed filed with the Securities and Exchange Commission, and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made
before or after the date of the Report, irrespective of any general incorporation language contained in such filing).
# C_2013215EN.01002003.xml

| 27.7.2013 | EN | Official Journal of the European Union | C 215/20 |
| --- | --- | --- | --- |

27.7.2013

EN

Official Journal of the European Union

C 215/20

---

Action brought on 27 May 2013 — ZZ v EEAS

(Case F-53/13)

2013/C 215/30

Language of the case: French

Parties

Parties

Applicant: ZZ (represented by: S. Orlandi, J.-N. Louis and Abreu Caldas, lawyers)

Applicant:

Defendant: European External Action Service

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Annulment of the decision not to promote the applicant to Grade AD12 in the 2012 promotion procedure.

Form of order sought

Form of order sought

The applicant claims that the Tribunal should:

| — | annul the appointing authority’s decision not to promote the applicant to Grade AD12 in the 2012 promotion procedure; |
| --- | --- |

—

annul the appointing authority’s decision not to promote the applicant to Grade AD12 in the 2012 promotion procedure;

| — | order the EEAS to pay the costs. |
| --- | --- |

—

order the EEAS to pay the costs.

---
*July 12, 2017*

2017-Ohio-5799.]

2017-0753.

#### State ex rel. Langhenry v. Britt.

In Mandamus. Sua sponte, alternative writ granted. The following briefing schedule is set for presentation of evidence and filing of briefs pursuant to S.Ct.Prac.R. 12.05. Relators shall file their evidence and merit brief within three days of the date of this entry; respondent shall file her evidence and merit brief within three days of the filing of the relators’ brief; and relators’ may file a reply brief within one day after the filing of respondent’s merit brief.

On motion to intervene as relators of Dianne S. Bufford, Jennifer A. Blakeney, Verdia Y. Conner, Khalilah A. Worley, and Linda C. Robinson. Motion granted. Intervening relators shall file their brief and reply brief within the timeframe specified in the order for the relators to file their brief and reply brief.

On intervening relators’ motion to dismiss for lack of jurisdiction. Motion denied.

On respondent’s motion to dismiss. Motion denied.

On relator’s motion for issuance of alternative writ of mandamus. Motion denied as moot.

No requests or stipulations for extension of time shall be permitted in this case, and the clerk of court shall refuse to file any requests or stipulations for extension of time.

O’Donnell, J., dissents and would grant respondent’s motion to dismiss and deny all other motions as moot.
EXHIBIT 32.1


                           SECTION 1350 CERTIFICATION

In connection with the Form 10-QSB of Distribution Management Services, Inc.,
Inc. (the "Company") on Form 10-QSB for the three-months and nine-months ending
February 28, 2005, as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), I, Leo Greenfield, CEO 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.

February 2, 2006                               /s/ Leo Greenfield
                                               ---------------------------------
                                               Leo Greenfield,
                                               CEO, principal executive officer
                                               and principal accounting officer

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.
No. 09-1551.

#### David K. Everson, et ux., Petitioners v. Richard L. Doughton, Individually and in His Official Capacity as Judge of the Superior Court of Allegany/Rockingham County, North Carolina.

562 U.S. 840, 131 S. Ct. 204,

178 L. Ed. 2d 45,

2010 U.S. LEXIS 6091.

October 4, 2010.

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

Same case below, 366 Fed. Appx. 461.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2502 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2502

 To extend the deadline under the Federal Power Act applicable to the 
            construction of a hydroelectric project in Ohio.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            October 5 (legislative day, September 12), 1994

   Mr. Glenn introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To extend the deadline under the Federal Power Act applicable to the 
            construction of a hydroelectric project in Ohio.

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

SECTION 1. EXTENSION OF DEADLINE.

    (a) In General.--Notwithstanding the time period specified in 
section 13 of the Federal Power Act (16 U.S.C. 806) that would 
otherwise apply to the Federal Energy Regulatory Commission (FERC) 
project numbered 9423, the Federal Energy Regulatory Commission may, 
upon the request of the licensee for such project, in accordance with 
the good faith, due diligence, and public interest requirements of such 
section and the Commission's procedures under such section, extend the 
time period during which such licensee is required to commence the 
construction of such project for not more than 3 consecutive 2-year 
periods.
    (b) Effective Date.--This section shall take effect on the date of 
the expiration of the extension of the period required for the 
construction of the project described in subsection (a) that was issued 
before the date of enactment of this section by the Commission under 
section 13 of the Federal Power Act (16 U.S.C. 806).
                                 <all>
```
# DLA Distribution Korea’s new warehouse enters initial operational capability

/ Published Nov. 1, 2023
NEW CUMBERLAND, Pa., 
As part of the Southeast Hub Development Plan and in conjunction with the Republic of Korea, Defense Logistics Agency Distribution Korea has achieved initial operational capability in the new, modernized warehouse at Camp Carroll.

Administrative staff for DDDK relocated to the new building during fiscal year 2021, and now with 90% of equipment installed, DDDK is moving and processing material in the new warehouse.

“The move to our new facility will greatly enhance our resilience and the agile support we offer to our customers across the Korean peninsula as well as the Indo-Pacom region,” said Army Lt. Col. Nathan L. Hadlock, commander, DDDK.

The Southeast Hub Development Plan is focused on strengthening the Republic of Korea-United States alliance and improving the quality of life for the U.S. Forces Korea community through capital improvements to infrastructure.

The conveyor and pallet moving systems are the only remaining pieces of equipment yet to be installed. Despite not having these systems, the operations team, in conjunction with Hadlock’s guidance, successfully moved all the material from their old warehouse to the new facility in two months, a full month ahead of schedule. The dedicated and vigilant team of professionals doing the move did all of this with no interruptions in service to the customer, zero safety mishaps and only two minor adjustments to the plan.

                Racking in the new warehouse for Defense Logistics Agency Distribution Korea is part of the government funded, government installed equipment that will store material in support of the warfighters across the Korean peninsula as well as the Indo-Pacom region. Submitted photo.                            DLA Distribution Korea’s new warehouse enters initial operational capability                            Racking in the new warehouse for Defense Logistics Agency Distribution Korea is part of the government funded, government installed equipment that will store material in support of the warfighters across the Korean peninsula as well as the Indo-Pacom region. Submitted photo.            SHARE IMAGE:Download ImageImage DetailsPhoto By: DLA Distribution Public AffairsVIRIN: 231012-D-D0441-0002

With none of the conveyors, and only a singular freight elevator, workers on the operations team relocated 14,576 line items, totaling more than 966,000 individual pieces.

Thanks to their efforts in support of the warfighter, DDDK is now conducting business in the new facility. The operations team at DDDK exemplifies a group of resilient employees that understood the intent and executed at the highest level.

“We would not be at this level today if it wasn’t for the long hours and tireless efforts of the workforce we have. Our partnership with our Korean allies remains strong as we support our warfighters across the region,” said Justano Newbold, deputy commander, DDDK.
#### AIG Property Casualty Company, as Subrogee of Donstev, LLC, Respondent, v Shweta Modi, Appellant.

[62 NYS3d 262]

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered September 26, 2016, which, to the extent appealed from, granted plaintiff’s motion to amend the complaint, unanimously reversed, on the law, without costs, and the motion denied. The Clerk is directed to enter judgment dismissing the complaint.

This subrogation action to recover payment for water damage to plaintiff’s insureds’ condominium unit as a result of leaks from frozen pipes in defendant’s unit is precluded by the insureds’ failure to procure a waiver of subrogation in the policy issued by plaintiff, as required by the condominium by-laws *(see Agostinelli v Stein,*17 AD3d 982 [4th Dept 2005], *lv dismissed 5*NY3d 824 [2005]). The proposed amendment to add a cause of action premising the occurrence on defendant’s breach of the unit owners’ maintenance obligation under the by-laws was a mere subterfuge designed to evade the effect of the insureds’ failure to obtain a subrogation provision *(see Gap v Red Apple Cos.,*282 AD2d 119, 125-126 [1st Dept 2001]). We note that plaintiff does not point to language in the by-laws similar to the language in the commercial lease relied upon in *Viacom Intl. v Midtown Realty Co.*(193 AD2d 45 [1st Dept 1993]) in which we held that the waiver of subrogation provision did not bar a subrogation claim based on breach of contract.

Concur — Manzanet-Daniels, J.R, Mazzarelli, Moskow-itz, Kahn and Kern, JJ.