alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 09-11528.

#### Leonardo Del Valle-Mejia, Petitioner v. Walter A. McNeil, Secretary, Florida Department of Corrections.

562 U.S. 886, 131 S. Ct. 391,

178 L. Ed. 2d 129,

2010 U.S. LEXIS 7089.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
Motion Granted; Appeal Dismissed and Memorandum Opinion filed March

25 , 2014

.

In The



## Fourteenth Court of Appeals

NO. 14

- 12

- 01071

- CV

IN THE ESTATE OF THO MAS ALFRED LERA, SR. , DECEASED

On Appeal from the Probate Court Galveston County, Texas Trial Court Cause No. PR

- 0073531

M E M O R A N D U M O P I N I O N This is an appeal from a judgment signed November 20, 2012

. On March 13, 2014, appellant filed a motion to dismiss the appeal. See Tex. R. App. P. 42.1. The motion is granted.
Accordingly, the appeal is ordered d ismissed.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Boyce and Jamison.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2202 Referral Instructions Senate (RIS)]

103d CONGRESS
  2d Session
                                S. 2202

To provide for increased economic growth, job creation and opportunity 
                    by reducing the Federal deficit.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                June 16 (legislative day, June 7), 1994

   Mr. Gramm introduced the following bill; which was read twice and 
   referred jointly pursuant to the order of August 4, 1977, to the 
 Committees on the Budget and Governmental Affairs, with instructions 
that if one Committee reports, the other Committee have thirty days to 
                        report or be discharged

_______________________________________________________________________

                                 A BILL

 
To provide for increased economic growth, job creation and opportunity 
                    by reducing the Federal deficit.

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

SECTION 101. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING LIMITS.

    The discretionary spending limits (new budget authority and 
outlays) for each fiscal year 1994 through 1998 set forth in section 
601(a)(2) of the Congressional Budget Act of 1974, as adjusted in 
strict conformance with section 251 of the Balanced Budget and 
Emergency Deficit Control Act of 1985, shall be reduced, as calculated 
by the Director of the Office of Management and Budget, in amounts 
equal to the aggregate amount of rescissions in any Act enacted on or 
after the date of enactment of this Act for fiscal years 1994 through 
1998.

SEC. 102. WAIVER FOR RESCISSIONS THAT OFFSET EMERGENCY SPENDING.

    The reductions required under section 101 in the discretionary 
spending limits shall not apply to any rescissions enacted in any Act 
designated by the President and the Congress as emergency 
appropriations (as provided in section 251(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985) to the extent that the 
aggregate amount of rescissions in such bill reduces the aggregate 
amount of budget authority and outlays designated as emergency 
appropriation by the President.

                                 <all>
```
#### People v Encarnacion-Cross

App Div, 1st Dept: 2016 NY Slip Op 89384(U) (NY)

denied 3/3/17 (Abdus-Salaam, J.)
(December 28, 2017)

#### The People of the State of New York, Respondent, v Irving Ayala, Appellant.

[65 NYS3d 693]

Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered October 7, 2009, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender, to a term of one year, unanimously affirmed.

Defendant’s claim that the court’s discussion of his rights under *Boykin v Alabama*(395 US 238 [1969]) was deficient is unpreserved, and does not fall within the narrow exception to the preservation requirement *(see People v Conceicao,*26 NY3d 375, 381-382 [2015]). We decline to review defendant’s claim in the interest of justice.

As an alternative holding, we find that the record as a whole establishes the voluntariness of the plea. A court’s omission of the word “jury” in discussing a defendant’s right to a trial does not, by itself, vitiate the validity of a guilty plea *(see e.g. People v Mendez,*148 AD3d 555 [1st Dept 2017], *lv denied*29 NY3d 1083 [2017]).

In any event, dismissal of the indictment, which is the only remedy sought on appeal, would not be the proper corrective action in this case.

Concur—Acosta, P.J., Richter, Mazzarelli, Andrias and Gesmer, JJ.
#### In the Matter of Nakelia T., an Infant. Ihesiah M., Appellant; Commissioner of the Administration for Children’s Services, Respondent.

[61 NYS3d 494]

Appeal from order, Family Court, New York County (Jane Pearl, J.), entered on or about June 8, 2016, which, after a hearing, denied the motion of respondent mother for an order declaring that the Administration for Children’s Services (ACS) was in violation of the terms of the court’s April 19, 2016 order of disposition, unanimously dismissed, without costs, as moot.

Respondent moved for a declaration that ACS exceeded its authority under the original dispositional order. Her appeal from the order denying relief was rendered moot by a subsequent modified order of disposition entered on or about September 1, 2016, removing the child from her care and placing the child with ACS, as well as by an order entered on or about September 15, 2016, discharging the child to the mother and providing for ACS supervision and household monitoring, the very actions which the mother complained of in her motion *{see e.g. Matter of Breeyanna S.,*52 AD3d 342 [1st Dept 2008], *lv denied*11 NY3d 711 [2008]).

Concur — Manzanet-Daniels, J.P., Mazzarelli, Webber and Oing, JJ.
No. 10-6510.

#### Ricardo Antonio Sanchez-Lino, Petitioner v. United States.

562 U.S. 990, 131 S. Ct. 435,

178 L. Ed. 2d 338,

2010 U.S. LEXIS 8236.

October 18, 2010.

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

Same case below, 383 Fed. Appx. 824.
#### Yovanka Bylander, Appellant, v Anthony Jahn, M.D., et al., Respondents.

[63 NYS3d 855]

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about May 18, 2015, which granted defend*585ants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied. Appeal from orders, same court and Justice, entered October 14, 2015 and October 16, 2015, which granted plaintiff’s motion to reargue and adhered to the original determination, and denied her motion to renew, unanimously dismissed, without costs, as academic.

The record presents triable issues of fact as to whether defendant Anthony Jahn, M.D. departed from good and accepted medical practice *(see Severino v Weller,*148 AD3d 272, 276 [1st Dept 2017]). Defendants’ experts opined that Dr. Jahn acted appropriately and consistent with the standard of care based on plaintiff’s decedent’s test results and presenting symptoms, which was mainly episodic dizziness. However, in opposition, plaintiff’s experts opined, based on a review of the medical records, that decedent exhibited symptoms, such as episodic vision problems, dizziness, and imbalance, consistent with the presence of the brain aneurysm that eventually ruptured and caused his death. Plaintiff’s experts further opined that Dr. Jahn should have referred decedent for a neurological consult or for additional neurological testing, which would have detected his unruptured cerebral aneurysm and permitted timely treatment. Plaintiff’s experts further raised questions of fact as to whether Dr. Jahn failed to follow up on an abnormal finding on a videonystagmography test administered to decedent, consistent with a central nervous system disorder, by making appropriate referrals that would have led to the timely discovery of the aneurysm.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Kahn and Moulton, JJ.
No. 10-5640.

#### Lisa Barnes-McNeely, Petitioner v. Arkansas Department of Health and Human Services, et al.

562 U.S. 933, 131 S. Ct. 395,

2010 U.S. LEXIS 7546.

178 L. Ed. 2d 215,

October 4, 2010.

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

Same case below, 366 Fed. Appx. 710.
# DLA Director visits DLA Distribution San Diego during west coast trip

/ Published Sept. 16, 2015
SAN DIEGO, California, 
Defense Logistics Agency Director Air Force Lt. Gen. Andy Busch visited DLA Distribution San Diego, Calif., facilities on September 9 during a weeklong trip to the region.

Busch was hosted by DLA Distribution San Diego officials, and the Distribution San Diego commander, Navy Capt. John Soracco, escorted the general during his visit.

Taking advantage of his time in San Diego, Busch took a walking tour of the DLA Distribution at Naval Base San Diego compound as well as a tour of DLA Distribution San Diego North Island compound. Both tours included the San Diego Material Processing Centers, in addition to Point Loma support, mapping and the Preservation, Packaging, Packing and Marking stations.

Following the tours, Busch hosted a town hall for all San Diego area DLA employees. Placing emphasis on the strategic plan, stating “What I want to do while I am at DLA - It’s all about the strategic plan.” By following the five goals: warfighter first, people and culture, strategic engagement, financial stewardship, process excellence; DLA as a whole will be able to provide effective and efficient global solutions to warfighters and other valued customers. 

Addressing the goal of financial stewardship, “It has taken a lot of work to get us here,” explained Busch. “It will take a lot of work to keep us here. We are just a few weeks away from the audit readiness assertion. And it is important to the success of DLA.”

During the town hall, Busch presented 15 DLA employees with coins for their superior performance and dedication to the organization. Included in this group were four DLA Distribution employees, Young Jun Ryang, distribution facility specialist, Michael Hernandez, supply technician, Julie Webb, contracting officer’s representative and Regina Kelly-Jones, material handler.

Busch wrapped up the town meeting, expressing his concern about making everyone as resilient as possible, and ready for the challenges ahead.

“Every success is rooted in a process improvement,” concluded Busch.

Following the town hall, Busch had lunch with the San Diego Junior and Senior Employees of the Quarter from DLA Distribution, Disposition Services, Document Services and Aviation.
# Troop Support Pacific provides mobile galley to Pearl Harbor sailors

/ Published Oct. 30, 2016
PHILADELPHIA, 
A Navy submarine crew was one of the first to enjoy fresh meals served from a new mobile galley at Joint Base Pearl Harbor-Hickam that was purchased through Defense Logistics Agency Troop Support.

“This galley has everything we need to get the job done, including all new equipment and air conditioning,” Lt. j.g. Jose Chirinos, supply officer for the Los Angeles-class, fast-attack submarine USS Columbus (SSN 762), said in a Navy news release.

The galley was purchased by Pearl Harbor’s Naval Submarine Support Command through the Subsistence supply chain’s food service equipment program, Lt. Cmdr. Arnel Florendo, DLA Troop Support Pacific Hawaii Area Office chief, said.

DLA Troop Support Pacific personnel were onsite for the galley inspection when NSSC received it in early September. 

The galley is used for temporary food service while submarines are undergoing maintenance.

Visit DLA Troop Support Pacific’s website for more information on their support.
# C_2015302EN.01004701.xml

| 14.9.2015 | EN | Official Journal of the European Union | C 302/47 |
| --- | --- | --- | --- |

14.9.2015

EN

Official Journal of the European Union

C 302/47

---

Judgment of the General Court of 15 July 2015 — Westermann Lernspielverlag v OHIM — Diset (bambinoLÜK)

(Case T-333/13) (1)

1

((Community trade mark - Opposition proceedings - Application for Community figurative mark bambinoLÜK - Earlier Community figurative mark BAMBINO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 302/60)

Language of the case: English

Parties

Parties

Applicant: Westermann Lernspielverlag GmbH (Brunswick, Germany) (represented by: A. Nordemann and M. Maier, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Diset, SA (Barcelona, Spain)

Other party to the proceedings before the Board of Appeal of OHIM:

Re:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 April 2013 (Case R 1323/2012-2) concerning opposition proceedings between Diset, SA and Westermann Lernspielverlag GmbH.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Westermann Lernspielverlag GmbH to pay the costs. |
| --- | --- |

2.

Orders Westermann Lernspielverlag GmbH to pay the costs.

---

(1)  OJ C 252, 31.8.2013.

1

---
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-K
FOR THE YEAR ENDED DECEMBER 31, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1994
<PERIOD-END>                               DEC-31-1994
<CASH>                                           6,837
<SECURITIES>                                         0
<RECEIVABLES>                                   16,825
<ALLOWANCES>                                       720
<INVENTORY>                                     18,183
<CURRENT-ASSETS>                                49,612
<PP&E>                                          39,130
<DEPRECIATION>                                  35,483
<TOTAL-ASSETS>                                 124,177
<CURRENT-LIABILITIES>                           22,234
<BONDS>                                            401
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           385
<OTHER-SE>                                      99,340
<TOTAL-LIABILITY-AND-EQUITY>                   124,177
<SALES>                                        107,700
<TOTAL-REVENUES>                               107,700
<CGS>                                           76,005
<TOTAL-COSTS>                                   76,005
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  73
<INCOME-PRETAX>                                  7,879
<INCOME-TAX>                                     2,773
<INCOME-CONTINUING>                              8,724
<DISCONTINUED>                                       8
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,732
<EPS-PRIMARY>                                     2.25
<EPS-DILUTED>                                     2.25
        

</TABLE>
No. 10-6421.

#### Toney I. Brown, Petitioner v. Kevin Milyard, Warden, et al.

562 U.S. 1014, 131 S. Ct. 532,

178 L. Ed. 2d 391,

2010 U.S. LEXIS 8584,

November 1, 2010.

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

Same case below, 373 Fed. Appx. 853.
<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, 2000, and is qualified in its
entirety by reference to such financial statements.
</LEGEND>

<S>                                                 <C>
<PERIOD-TYPE>                                             6-MOS
<FISCAL-YEAR-END>                                   DEC-31-2000
<PERIOD-END>                                        JUN-30-2000
<CASH>                                                      521
<SECURITIES>                                                  0
<RECEIVABLES>                                            10,974
<ALLOWANCES>                                                 98
<INVENTORY>                                              13,659
<CURRENT-ASSETS>                                         27,934
<PP&E>                                                   17,387
<DEPRECIATION>                                            8,153
<TOTAL-ASSETS>                                           44,730
<CURRENT-LIABILITIES>                                    12,435
<BONDS>                                                  13,410
<PREFERRED-MANDATORY>                                         0
<PREFERRED>                                                   0
<COMMON>                                                    107
<OTHER-SE>                                               18,778
<TOTAL-LIABILITY-AND-EQUITY>                             44,730
<SALES>                                                  26,971
<TOTAL-REVENUES>                                         26,971
<CGS>                                                    22,653
<TOTAL-COSTS>                                            22,653
<OTHER-EXPENSES>                                              0
<LOSS-PROVISION>                                              0
<INTEREST-EXPENSE>                                          700
<INCOME-PRETAX>                                          (2,767)
<INCOME-TAX>                                             (1,107)
<INCOME-CONTINUING>                                      (1,660)
<DISCONTINUED>                                                0
<EXTRAORDINARY>                                               0
<CHANGES>                                                     0
<NET-INCOME>                                             (1,660)
<EPS-BASIC>                                               (0.16)
<EPS-DILUTED>                                             (0.16)



</TABLE>
# C_2015127EN.01002301.xml

| 20.4.2015 | EN | Official Journal of the European Union | C 127/23 |
| --- | --- | --- | --- |

20.4.2015

EN

Official Journal of the European Union

C 127/23

---

Judgment of the General Court of 27 February 2015 — EESC v Achab

(Case T-430/13 P) (1)

1

((Appeal - Civil service - Officials - Remuneration - Expatriation allowance - Naturalisation - Article 4(1)(a) and (b) of Annex VII to the Staff Regulations - Recovery of overpayments - Paragraph 2 of Article 85 of the Staff Regulations))

(2015/C 127/31)

Language of the case: French

Parties

Parties

Appellant: European Economic and Social Committee (EESC) (represented initially by M. Arsène, subsequently by M. Pascua Mateo and L. Camarena Januzec, acting as Agents, and D. Waelbroeck and A. Duron, lawyers)

Appellant:

Other party to the proceedings: Mohammed Achab (represented by: N. Lhoëst, lawyer)

Other party to the proceedings:

Re:

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 26 June 2013 in Achab v EESC (F-21/12, ECR-SC, EU:F:2013:95), seeking to have that judgment set aside.

Achab

EESC

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders the European Economic and Social Committee (EESC) to bear its own costs and pay those incurred by Mr Mohammed Achab in the present proceedings. |
| --- | --- |

2.

Orders the European Economic and Social Committee (EESC) to bear its own costs and pay those incurred by Mr Mohammed Achab in the present proceedings.

---

(1)  OJ C 325, 9.11.2013.

1

---
#### The People of the State of New York, Appellant, v Raymond Crespo, Respondent.

Submitted March 27, 2017;

decided March 30, 2017

Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, NY 10005 assigned as counsel to the respondent on the appeal herein.
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 Annual Report of Twenty Services, Inc. (the Company) on Form 10-K for the period
ending December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, David J. Noble, Chairman/Director and Principal Executive Officer of the Company, certify, pursuant to 18 U.S.C.
§ 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 J. NobleDavid J. NobleChairman/DirectorAnd Principal Executive OfficerMarch 31, 2008Date
2017-0736.

#### Value Place Columbus OH N.W., L.L.C. v. Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-292.
**EXHIBIT32.1**

** **

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTEDPURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of MOCON, Inc. on Form 10-Qfor the quarter ended September 30, 2008 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Robert L. Demorest,Chief Executive Officer of MOCON, Inc., hereby certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002 that, to the best of my knowledge:

 

(1)          The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)          The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of MOCON, Inc.

 

 

Date:  November 14, 2008

 
| /s/ Robert L. Demorest  |   |
|-------------------------|--------|
| Robert L. Demorest      |   |
| Chief Executive Officer |   |

 

----
#### The People of the State of New York, Respondent, v Rosemond Bottex, Appellant.

[66 NYS3d 883]

Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered March 31, 2014, convicting defendant, after a jury trial, of grand larceny in the fourth degree and petit larceny, and sentencing him, as a second felony offender, to an aggregate term of two to four years, unanimously affirmed.

*593The verdict was based on legally sufficient evidence and was not against the weight of the evidence *(see People v Danielson,*9 NY3d 342, 348-349 [2007]). The evidence established that defendant committed larceny as to customers of the fraudulent security guard training business where he was employed. The jury could reasonably have concluded that defendant was ac-cessorially liable for false representations and promises made by other participants in the scheme, that he personally made statements that he knew to be false to the customers and that he displayed a consciousness of guilt.

Concur—Sweeny, J.P., Richter, Andrias, Webber, Oing, JJ.