alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Christopher Chisholm, Appellant.

[53 NYS3d 559]

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated March 4, 2015 *(People v Chisholm,*126 AD3d 721 [2015]), affirming a judgment of the Supreme Court, Queens County, rendered April 20, 2011.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel *(see Jones v Barnes,*463 US 745 [1983]; *People v Stultz,*2 NY3d 277 [2004]).

Rivera, J.P., Maltese, Barros and Brathwaite Nelson, JJ., concur.
CITY OF NORTH TONAWANDA 

^eeoftAe ^Mamp. )C 

ROBERT G. ORTT 

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July 28, 2011 

Office of Aviation Analysis 

8'^ Floor, Room W86-310 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re; Niagara County Center for Economic Development 

Small Community Air Service Development Program Grant Application 

To Whom It May Concern: 

On behalf of the Company/Person, I am v*/riting in strong support of the Niagara County Center 

for Economic Development (NCCED) application to the US Department of Transportation Small 

Community Air Service Development Program (SCASDP). The NCCED proposes to request funds 

designed to provide financial assistance to help enhance air service operations and marketing 

of the Niagara Falls International Airport (NFIA). 

The NFIA is an attractive alternative to currently congested major North American International 

airports. With its 10,825 ft. main runway, 24-hour operation (no curfews), 24 hr. operations 

services, excellent access to inspection agencies, and price competitive landing fees, the NFIA is 

ideally suited and strategically located to accommodate various types of aviation operations 

suited for business and leisure use. The close proximity of the airport to the Canada/USA 

border, its location just off a major highway, and its central location to the Canada and USA 

population base, offer great economic advantages. 

Significant developments and investment has been made at the airport. This has created 

private investment throughout the community and has secured additional transportation needs 

and opportunities. Grant funding from the SCASDP is needed to ensure that these new 

developments continue to grow. 

City Hall, 216 Payne Avenue, North Tonawanda, NY 14120 • 716-695-8540 • 716-695-8541 (Fax) 

robertort@northtonawanda.org 
The local stakeholder community cannot completely fund their marketing airport initiatives and 

provide incentives to entice additional airline carriers. Federal assistance is needed to 

complete this important task. A SCASDP award will help expand the airport's existence, bring 

greater involvement to the community while enhancing economic competiveness. 

I am confident that the NCCED grant request will greatly improve quality of life throughout 

Western New York and act as a model initiative that could assist future airlines to invest 

throughout our community that benefits stakeholders and tourist to our region. 

I ask that this grant application be given very careful consideration. Thank you for your time and 

attention to this matter. 

Faithfully Yours, 

Robert G. Ortt 

Mayor 

City of North Tonawanda
No. 09-11137.

#### William C. McKinnedy, III, Petitioner v. South Carolina.

562 U.S. 1087, 131 S. Ct. 691,

2010 U.S. LEXIS 9291.

178 L. Ed. 2d 521,

November 29, 2010.

Petition for rehearing denied.

Former decision, 562 U.S. 863, 131 S. Ct. 146, 178 L. Ed. 2d 87, 2010 U.S. LEXIS 6767.
#### The People of the State of New York, Respondent, v Solome Vega, Appellant.

[62 NYS3d 268]

Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered May 5, 2015, unanimously affirmed.

Application by defendant’s counsel to withdraw as counsel is granted *(see Anders v California,*386 US 738 [1967]; *People v Saunders,*52 AD2d 833 [1st Dept 1976]). We have reviewed this record and agree with defendant’s assigned counsel that there are no non-frivolous points which could be raised on this appeal.

Pursuant to Criminal Procedure Law § 460.20, defendant may apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within 30 days after service of a copy of this order.

Denial of the application for permission to appeal by the judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice.

Concur— Friedman, J.P., Richter, Andrias, Gische and Moulton, JJ.
No. 10-6239.

#### Shawn Stanley Gilreath, Petitioner v. United States.

562 U.S. 972, 131 S. Ct. 486,

178 L. Ed. 2d 307,

2010 U.S. LEXIS 7984.

October 12, 2010.

Ptition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
[Federal Register Volume 63, Number 124 (Monday, June 29, 1998)]
[Notices]
[Pages 35226-35227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17247]


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

FEDERAL EMERGENCY MANAGEMENT AGENCY

[FEMA-1194-DR]


Commonwealth of the Northern Mariana Islands; Amendment to Notice 
of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for 
Commonwealth of the Northern Mariana Islands (FEMA-1194-DR), dated 
December 24 1997, and related determinations.

EFFECTIVE DATE: June 16, 1998.

FOR FURTHER INFORMATION CONTACT: Madge Dale, Response and Recovery 
Directorate, Federal Emergency Management Agency, Washington, DC 20472, 
(202) 646-3630.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the cost share 
arrangement under FEMA-1194-DR is adjusted at 100 percent Federal 
funding for eligible costs for the Individual and Family Grant Program.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 83.537, Community 
Disaster Loans; 83.538, Cora Brown Fund Program; 83.539, Crisis 
Counseling; 83.540, Disaster Legal Services Program; 83.541, 
Disaster Unemployment

[[Page 35227]]

Assistance (DUA); 83.542, Fire Suppression Assistance; 83.543, 
Individual and Family Grant (IFG) Program; 83.544, Public Assistance 
Grants; 83.545, Disaster Housing Program; 83.548, Hazard Mitigation 
Grant Program.)
James L. Witt,
Director.
[FR Doc. 98-17247 Filed 6-26-98; 8:45 am]
BILLING CODE 6718-02-P
# Susquehanna commander visits Troop Support headquarters

/ Published Oct. 11, 2016
PHILADELPHIA, Pennsylvania, 
To discuss how to improve vendor compliance within each of the supply chains DLA Troop Support manages, DLA Distribution Susquehanna, Pa., commander Army Col. Brad Eungard visited the Primary-Level Field Activity’s headquarters in Philadelphia, Pa., in late September.

Joined by key Susquehanna staff, including the organization’s senior enlisted advisor Army 1st Sgt. Janine Burr, Eungard brainstormed with representatives from each of the five supply chains on how to avoid some of the challenges the procurement and acquisition process can pose to storage and distribution.  

As the primary procurer of subsistence, clothing/textile, construction and engineer equipment, medical supply and hardware solutions for the warfighter, Troop Support can coordinate with vendors on how items shipped to Susquehanna’s warehouses are packaged.  The visit and engagements enabled Eungard to discuss the importance of vendor compliance, ensuring shipments are in accordance with military standards to effectively reduce work on the back end by correcting potential issues. 

“The reviews my staff and I received of each of the supply chains were just outstanding.  We certainly appreciate the ongoing coordination with Troop Support to ensure our nation’s military receives the right items at the right time,” said Eungard.
CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


As independent public accountants, we hereby consent to the incorporation of our
report dated April 10, 2002,  included in this Form 10-K/A,  into the  Company's
previously  filed  Amendment  No.  1 to  Form  S-4  Registration  Statement  No.
333-25355,  Form S-1 Registration Statement and post-effective  Amendment Nos. 1
through 7 on Form S-2 to Form S-1  Registration  Statement No. 33-59279 and Form
S-8 Registration Statement No.333-38034.


Vienna, Virginia
May 14, 2002
No. 10-7397.

#### Vester Kay Scurlock-Ferguson, Petitioner v. City of Durham, North Carolina.

562 U.S. 1107, 131 S. Ct. 850,

178 L. Ed. 2d 555,

2010 U.S. LEXIS 9678,

December 13, 2010.

Motion of petitioner for leave to proceed in forma pau-peris denied. Petitioner is allowed until January 3, 2011, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Same case below, 381 Fed. Appx. 302.
No. 10-5084.

#### Russell Moddison, Petitioner v. United States.

562 U.S. 902, 131 S. Ct. 238,

178 L. Ed. 2d 159,

2010 U.S. LEXIS 6251.

October 4, 2010.

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

Same case below, 363 Fed. Appx. 473.
### Silo | FACILITY SHEET

1 

# FACILITY PROFILE

1940 Road 136 Cheyenne, WY 82009

41.247580  ̊ Lat.

- 104.597064  ̊ Long.

307.421.3711 O

Directions to Facility Drive north on I

- 25 from Cheyenne, WY. Exit 17 (right turn) east on State Highway 85 (Torrington H igh w a y) for 7 miles to County Road 222 (right turn) head east for 5 miles to County Road 136 (right turn) for 2 miles. Facility is on West (right) side

of C ounty Road 136.

Hours of Operation 7 Days a week, 24 Hours a day

Area Sales & Marketing Darrell Saucier

– Regional Sales Manager

– 713.703.2219

Permit Number BP

- 11

- 00656

Waste Accepted Flow back and production water

LF Design Multi

- layered engineered liner system included 3’ of compacted clay, leak detection, 40 and 60 mil HDPE with geonet.

Groundwater Monitoring Accomplished by 5 dedicated monitoring wells.

Waste Acceptance Protocol All accepted waste must be fewer than two percent solids. Onsite testing by spinouts can occur if paperwork was not

transmitted beforehand.

Facility History Built in 1995, has passed through several owners and processes onsite including reverse osmosis a nd oil and water separation.

### Silo | FACILITY SHEET

2 ABOUT R360 ENVIRONME NTAL SOLUTIONS

Based in Houston, R360 Environmental Solutions is the nation’s leading oilfield environmental solutions

company. It provides disposal of both solid and liquid E&P waste. R360 helps the nation’s operators

ensure environmental performance and compliance in major oil and gas plays. Learn more about R360
Environmental Solutions by visiting us online at r360environmentalsolutions.com.
# Senior leaders talk warfighter support during two-day forum 

/ Published Oct. 20, 2023
RICHMOND, Va., 
Senior leadership from across the Defense Logistics Agency Aviation enterprise met on Defense Supply Center Richmond, Virginia for the Senior Leadership Alignment and Commitment Forum. The event took place in the Frank B. Lotts Center Oct. 18-19.

The theme for this year’s event was “Getting Better.”

“My expectation was that we were going to get a good dialogue from all of our directors at DLA Aviation and our industrial support activities and their perspective for supporting the customer directly,” said DLA Aviation Commander Air Force Brig. Gen. Sean Tyler. “We also wanted to have a robust dialogue so we can further align and commit to what we are going to do.”

The two-day event featured open group discussions on topics such as aviation innovation, directorate perspective, enterprise risk management, digital sustainment platforms and many more.

“We definitely hit our mark. We heard some great feedback from our team on how we can better support our retail mission. We must take a couple of these key tasks and really define the action and implementation of the plan,” said Tyler.
#### Angeline Fitzgerald, Respondent, v New York City Transit Authority et al., Appellants, and Harrison Warner, Respondent.

[769 NYS2d 300]

In an action to recover damages for personal injuries, the defendants New York City Transit Authority, Manhattan and Bronx Surface Transit Operating Authority, and John A. Gordon appeal from an order of the Supreme Court, Kings County *578(Hutcherson, J.), dated April 30, 2002, which denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

Ordered that the order is affirmed, without costs or disbursements.

The accident at issue involved a collision between a bus owned by the New York City Transit Authority (hereinafter the NYCTA) and driven by the defendant John Gordon (hereinafter the NYCTA defendants), and a car driven by the codefendant Harrison Warner. The plaintiff was a passenger on the bus when the accident occurred. It is undisputed that at the time of the impact the bus was stopped partially in a bus stop, angled so that its rear section protruded into, and obstructed, a lane of moving traffic. Warner stated at his examination before trial that his car had been traveling about two car lengths behind the bus when the bus’s brake lights went on, it signaled right, and it started to move into the right parking lane, where the bus stop was located. Warner stated that he applied his brakes to slow down when he saw the rear lights of the bus go on, and that he hit his brakes hard when he realized the bus had suddenly stopped without completing its lane change.

The fact that a codefendant might be negligent as a matter of law for rearending a stopped vehicle does not mean that the operator of the stopped vehicle was necessarily free of negligence *(see e.g. Lenahan v Goucher,*65 NY2d 1034 [1985], *revg on dissent of Yesawich, J.,*111 AD2d 546, 548 [1985]; *Heal v Liszewski,*294 AD2d 911 [2002]; *Purcell v Axelsen,*286 AD2d 379 [2001]; *Colonna v Suarez,*278 AD2d 355 [2000]; *Mundo v City of Yonkers,*249 AD2d 522 [1998]; *Niemiec v Jones,*237 AD2d 267 [1997]). Under the circumstances of this case, the Supreme Court properly denied summary judgment to the NYCTA defendants because questions of fact were raised as to whether the bus was operated in a negligent manner and, if so, whether that negligence contributed to the accident. S. Miller, J.P., Friedmann, Townes and Mastro, JJ., concur.
<PAGE>
                                                                     EXHIBIT 3.2

 
                                FIRST AMENDMENT

                                      to

                         CERTIFICATE OF INCORPORATION

                                      of

                         OMEGA ACQUISITION CORPORATION


          This First Amendment to Certificate of Incorporation of Omega
Acquisition Corporation, a Delaware corporation (the "Corporation"), has been
duly adopted, approved and prepared for filing in the State of Delaware in
accordance with the provisions of Section 242 of the Delaware General
Corporation Law.


          FIRST:  The original Certificate of Incorporation was filed with the
Secretary of State of the State of Delaware on October 31, 1996.


          SECOND:  Article ELEVENTH of said Certificate of Incorporation is
hereby amended as follows:

          1.  Article ELEVENTH of the Certificate of Incorporation is hereby
amended to read in its entirety as follows:


          ELEVENTH.  1.  The Corporation shall indemnify its directors and
          ---------                                                       
officers to the fullest extent authorized or permitted by law, as now or
hereafter in effect, and such right to indemnification shall continue as to a
person who has ceased to be a director or officer of the Corporation and shall
inure to the benefit of his or her heirs, executors and personal and legal
representatives.  The right to indemnification conferred in this Article
ELEVENTH shall include the right to be paid by this Corporation the expenses
incurred in defending or otherwise participating in any proceeding in advance of
its final disposition.
<PAGE>
 
2.  The Corporation may, to the extent authorized from time to time by the Board
of Directors, provide rights to indemnification and to the advancement of
expenses to employees and agents of the Corporation who are not directors or
officers similar to those conferred in this Article ELEVENTH to directors and
officers of the Corporation.


3.  The rights to indemnification and to the advancement of expenses conferred
in this Article ELEVENTH shall not be exclusive of any other right which any
person may have or hereafter acquire under this Certificate of Incorporation,
the Bylaws, any statute, agreement, vote of stockholders or disinterested
directors, or otherwise.


4.  Any repeal or modification of this Article ELEVENTH by the stockholders of
the Corporation shall not adversely affect any rights to indemnification and
advancement of expenses of a director or officer of the Corporation existing at
the time of such repeal or modification with respect to any acts or omissions
occurring prior to such repeal or modification.


    IN WITNESS WHEREOF, the undersigned has executed this amendment as of the
25th day of February, 1997.



                                 By: /s/ D.A. McKay
                                    ----------------------------------

                                    Name:  D.A. McKay
                                    Title: President
<Page>

                                                                     EXHIBIT 4.1

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

     We consent to the reference to our firm under the caption
"Experts-Independent Auditors" and to the use of our report dated December 1,
2004 in the Amendment No. 2 to the Registration Statement (File No. 333-119960)
and related Prospectus of Claymore Securities Defined Portfolios, Series 199.


                                            /s/ Grant Thornton LLP
                                            ----------------------
                                            GRANT THORNTON LLP

Chicago, Illinois
December 1, 2004
1Pursuant to Local Rule 47.5, the Court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in Local Rule 47.5.4.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 96-11019

Summary Calendar

JOSE MARTINEZ

Plaintiff-Appellant,

VERSUS

WAL-MART STORES INC., doing business as Wal-Mart Store #371

Defendant-Appellee.

Appeal from the United States District Court

for the Northern District of Texas

(3:95-CV-0216-BD)

April 7, 1997

Before SMITH, DUHÉ and BARKSDALE, Circuit Judges.

PER CURIAM:1

Appellant Martinez seeks reversal of the district court’s

grant of Appellee’s Motion For Judgment As A Matter of Law

dismissing Appellant’s claim for malicious prosecution. We affirm.

Appellant was accused by Wal-Mart’s loss prevention officer of

shoplifting and was arrested. Subsequently the charges were
2

dropped and Appellant brought the instant suit under Texas law for

malicious prosecution. PA jury awarded compensatory and punitive

damages. After the jury returned its verdict for Martinez,

Appellee moved for judgment as a matter of law on the basis that

there was no evidence of lack of probable cause nor of malice. The

district court found no evidence of malice, an essential element of

the cause of action under Texas law and entered a take nothing

judgment against Appellant.

In this court Appellant does not contend that he has produced

direct evidence of malice but argues rather that malice can be

inferred from the facts which the jury apparently did find relating

to the lack of probable cause for the Appellant’s arrest. Our

review of the pertinent law and the record convinces us that the

district court was correct. There was not evidence from which the

jury could infer malice, even if Texas law allows such inference.

The cases cited by Appellant do not support the proposition he

espouses. Viewed in the light most favorable to Martinez, the best

that can be said for his cause is that the evidence showed

negligence on the part of the loss prevention officer.

AFFIRMED.
No. 10-6315.

#### LaVern Berryhill, Petitioner v. Brad Henry, Governor of Oklahoma, et al.

562 U.S. 1027, 131 S. Ct. 572,

178 L. Ed. 2d 412,

2010 U.S. LEXIS 8783.

November 8, 2010.

Motion of petitioners for leave to proceed in forma pauperis denied, and petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit dismissed. See Rule 39.8.
# DLA Distribution announces third quarter award winners

/ Published Aug. 15, 2016
NEW CUMBERLAND, Pennsylvania, 
DLA Distribution has announced the winners of the fiscal year 2016 third quarter Employee of the Quarter, Team of the Quarter, Mission Impact and Big Ideas awards.

Twelve DLA Distribution employee and five teams have been chosen to be recognized for their hard work and dedication to supporting the warfighter.

DLA Distribution employees of the quarter for category one include: DLA Distribution Corpus Christi, Texas, employee Michael Daigle, DLA Distribution Europe, employee, Rowena Gadin, DLA Distribution Norfolk, Va., employee Doris Arnold and DLA Distribution Pearl Harbor, Hawaii, employee Carlito Saludez. 

DLA Distribution employees of the quarter for category two include: DLA Distribution Corpus Christi, Texas, employee Dion Black, DLA Distribution Norfolk, Va., employee Tamara James, DLA Distribution Puget Sound, Wash., employee Jeromy Frame and DLA Distribution Susquehanna, Pa., employee Lisa Schirmer.

DLA Distribution employees of the quarter for category three include: DLA Distribution Norfolk, Va., employee Stephen Boyd and DLA Distribution Susquehanna, Pa., employee Jesus Orlando Figueroa.

DLA Distribution teams of the quarter include: DLA Distribution J3, Transportation Container Team, DLA Distribution Norfolk, Va., ESOC Customer Service Team and DLA Distribution Yokosuka, Japan, Sasebo Receiving and Transportation Team.

DLA Distribution Susquehanna, Pa., employee Shannon Bickhart was chosen for the Commander’s Mission Impact award.

DLA Distribution Susquehanna, Pa’s., 732/Plus team was chosen for the Commander’s Mission Impact award.

DLA Distribution Albany, Ga’s., employee Langston Showers was chosen for the DLA Distribution Big Ideas Award Winner for the individual category.

DLA Distribution Richmond, Va’s., re-warehousing team was chosen for the DLA Distribution Big Ideas Award Winner for the medium category.

“DLA Distribution is able to provide timely and quality support to our Warfighters because we have terrific, dedicated and hard-working employees,” said deputy commander Twila Gonzales, Senior Executive Service.