alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Eva Cervantes, Individually and as Mother and Natural Guardian of Luis Cervantes, an Infant, Appellant, v John A. McDermott et al., Respondents.

[60 NYS3d 195]

In an action to recover damages for personal injuries, etc., the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Marber, J.), dated January *74015, 2015, as granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint on the ground that the plaintiffs infant 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 insofar as appealed from, on the law, with costs, and that branch of the defendants’ motion which was for summary judgment dismissing the complaint on the ground that the plaintiff’s infant did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident is denied.

The defendants failed to meet their prima facie burden of showing that the plaintiff’s infant did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident *(see Joseph v Hampton,*48 AD3d 638, 638-639 [2008]; *see generally Toure v Avis Rent A Car Sys.,*98 NY2d 345 [2002]; *Gaddy v Eyler,*79 NY2d 955, 956-957 [1992]). The defendants failed to adequately address the plaintiff’s claims, set forth in the bills of particulars, that the infant sustained a serious injury to the cervical region of his spine under either the permanent consequential limitation of use or significant limitation of use categories of Insurance Law § 5102 (d) *(see Robinson v Lawrence,*99 AD3d 980, 980 [2012]; *Joseph v Hampton,*48 AD3d at 638-639).

Since the defendants did not sustain 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 Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851, 853 [1985]; *Che Hong Kim v Kossoff,*90 AD3d 969, 969 [2011]). Therefore, the Supreme Court should have denied that branch of the defendants’ motion which was for summary judgment dismissing the complaint on the ground that the infant did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.

The argument raised in Point III of the defendants’ brief is not properly before this Court.

Balkin, J.P., Sgroi, Cohen and Duffy, JJ., concur.
Pagsusuri at Paggamot ng Hindi 

Aktibong Tuberculosis (TB) 

Mag-isip Nanganganib ba akong magkaroon 

ng impeksyon ng TB?

Makipag-usap sa iyong tagapagbigay ng pangangalagang 

pangkalusugan tungkol sa pagpapasuri kung ikaw ay:

kamakailang gumugol 

ng oras kasama ng 

isang taong may 

aktibong sakit na TB

ipinanganak sa o 

madalas na 

naglalakbay sa mga 

bansa kung saan 

karaniwan ang TB, 

kabilang ang mga 

nasa Asia, Africa, at 

Latin America

may mas mahinang 

immune system dahil sa 

ilang partikular na gamot 

o kondisyon sa kalusugan

gaya ng diabetes, kanser,

at HIV

nakatira o dating nanirahan sa 

malalaking grupo kung saan 

mas karaniwan ang TB, gaya 

ng mga kanlungan ng walang 

tirahan, kulungan, o mga 

bilangguan.

nagtatrabaho sa mga lugar na may 

mataas na panganib ng pagkahawa sa 

TB, tulad ng mga ospital, mga 

kanlungan ng walang tirahan, mga 

pasilidad ng kulungan, at mga tahanan 

ng pangangalaga

Maging ang mga taong nakatanggap na ng bakuna laban 

sa TB, na tinatawag ding bacille Calmette-Guérin (BCG) 

na bakuna, ay dapat ding masuri dahil humihina ang 

bakuna sa paglipas ng panahon.

Anong pagsusuri 

sa TB ang 

kailangan ko?

May dalawang uri ng pagsusuri para sa 

impeksyon sa TB: ang pagsusuri ng TB 

sa dugo at pagsusuri ng TB sa balat. 

Ang mga pagsusuri ng TB sa dugo ang 

mas pinipiling paraan 

ng pagsusuri ng TB para sa mga taong 

nakatanggap na ng bakuna laban sa TB 

(BCG).

Dapat pag-usapan ng mga tagapagbigay 

ng pangangalagang pangkalusugan at 

mga pasyente kung aling pagsusuri ang 

pinakamainam.

Ano ang aking mga 

opsyon sa 

paggamot?

Upang matuto pa tungkol sa TB at sa kung paano mo 

mapoprotektahan ang iyong sarili at ang iba, bisitahin ang 

www.cdc.gov/thinktesttreattb

301121

Hanggang 13 milyong tao sa Estados Unidos ang posibleng mayroong hindi aktibong TB

(tinatawag din na nakatagong impeksyon sa TB). Kung hindi magagamot, 1 sa 10 tao na 

may hindi aktibong TB ang magkakasakit ng aktibong sakit na TB, at maaaring kumalat 

ang TB sa iba sa pamamagitan ng hangin. Makakatulong ka na maiwasan ang 

pagkalat ng TB.

Magpasuri Magpagamot

Ang paggamot sa hindi aktibong TB ang 

pinakamainam 

na paraan upang maprotektahan ka mula 

sa pagkakaroon ng aktibong sakit na TB. 

Kung posible, inirerekomenda ng CDC 

ang paggamit ng maikli at 

maginhawang3 o 4 na buwang 

paggamot na batay sa rifamycin 

para sa hindi aktibong TB.
#### The People of the State of New York, Respondent, v Melvin Martin, Appellant.

[63 NYS3d 852]

Judgment, Supreme Court, New York County (Tandra L. Dawson, J.), rendered July 13, 2016, convicting defendant, upon his plea of guilty, of menacing in the second degree, and sentencing him to a term of seven months, unanimously affirmed.

The accusatory instrument was jurisdictionally sound because it contained nonconclusory factual allegations that, if assumed to be true, established each element of second-degree menacing and provided reasonable cause to believe that defendant committed that crime *(see People v Jackson,*18 NY3d 738 [2012]; *People v Dreyden,*15 NY3d 100 [2010]). The fact that the firsthand account contained in the victim’s supporting deposition corrected some minor inaccuracies contained in a detective’s secondhand supporting deposition did not create any jurisdictional defect.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Kahn and Moulton, JJ.
Exhibit 10.1

                                                            October 27, 2004


Mr. Gary Granoff
Elk Associates Funding Corp.
747 Third Avenue
New York, NY 10017

Dear Gary:

We are pleased to confirm that we hold available a line of credit for Elk
Associates Funding Corp. in the amount of $16,000,000.

Credit availability under this line is subject to the receipt of and continuing
satisfaction with current financial and other information which current
information is to be furnished by you to the Bank as we may, from time to time,
require.

The line of credit expires on December 31, 2004.

As in the past, the line of credit may be withdrawn at the Bank's sole
discretion at any time.

If you have any questions, please call me.

                                               Very truly yours,

                                               /s/ Robert J. Fainelli

                                               Robert J. Fainelli
                                               First Vice President


ISRAEL DISCOUNT BANK OF NEW YORK o MEMBER FDIC
511 FIFTH AVE. NEW YORK, NY 10017-4997 o TEL: (212) 551-8500
# Studevant selected as DLA Aviation’s 2016 Hall of Fame inductee

/ Published May 17, 2016
RICHMOND, Virginia, 
Mary Studevant, former deputy director of the Defense Supply Center Richmond Support Services Directorate, now known as Defense Logistics Agency Installation Support at Richmond, has been selected for the 2016 DLA Aviation Hall of Fame. An induction ceremony will be at 1 p.m., June 16 in the Frank B. Lotts Conference Center at Defense Supply Center Richmond, Virginia.

Studevant served DLA for over 30 years in civilian supervisory and non-supervisory positions at DSCR. Her career began in 1967 as a secretary and continued for more than 17 years in the acquisition field. Among Studevant’s many accomplishments, she is recognized for being insturmental in the development of the Strategic Management System for the enterprise and developing the agency’s first Balanced Scorecard. Under her oversight, the activity won a U.S. Senate Productivity and Quality Award for Virginia and the Continuing Excellence Award. 

DLA’s Angela Curtis, human resource specialist and one of Studevant’s champions, said she exemplifies the following quote from John Maxwell's book, “Leadership 101, What Every Leader Needs to Know":  "A leader's lasting value is measured by succession." Curtis said one of Studevant's greatest contributions was her promotion of a culture of strong leaders at every level, noting that many of those leaders have now become directors.

Stephen Mason, Original Equipment Manufacturer director for DLA Aviation’s Supplier Operations Directorate is another of Studevant’s champions. He said that throughout hercareer, she has been a leader, mentor, coach, community partner and true professional, illustrating the enterprise’s core values: integrity, resiliency, diversity, innovation, accountability and excellence.

DLA Aviation’s Procurement Process Support Directorate Director Tanya Hill was Studevant’s  third champion and said Studevant epitomizes a DLA Aviation Hall of Fame inductee because she was a trailblazer who made a path for others to follow.  She said Studevant was a great leader who inspired people to reach higher, dream bigger and achieve greatness.
No. 12-8380.

#### Gear *v.*Board of Education of the City School District of New York et al.

C. A. 2d Cir. Certio-rari denied.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE INTERIM
CONSOLIDATED FINANCIAL STATEMENTS OF EASYRIDERS, INC. AND AS OF AND FOR THE
THREE-MONTH PERIOD ENDED MARCH 31, 1999 INCLUDED IN THIS REPORT ON FORM 10-Q AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                         561,522
<SECURITIES>                                         0
<RECEIVABLES>                                3,879,909
<ALLOWANCES>                                   453,890
<INVENTORY>                                  3,803,944
<CURRENT-ASSETS>                            10,243,617
<PP&E>                                       3,857,496
<DEPRECIATION>                                  68,490
<TOTAL-ASSETS>                              77,531,356
<CURRENT-LIABILITIES>                       12,414,402
<BONDS>                                      1,316,667
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        19,295
<OTHER-SE>                                  27,216,561
<TOTAL-LIABILITY-AND-EQUITY>                77,531,356
<SALES>                                     11,031,712
<TOTAL-REVENUES>                            11,031,712
<CGS>                                        8,020,868
<TOTAL-COSTS>                                4,105,566
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             910,994
<INCOME-PRETAX>                            (1,838,344)
<INCOME-TAX>                                     2,075
<INCOME-CONTINUING>                        (1,840,419)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,840,419)
<EPS-PRIMARY>                                      .10
<EPS-DILUTED>                                      .10
        

</TABLE>
No. 10-6555.

#### Artemia Stewart, Petitioner v. Hugh Wolfenbarger, Warden.

562 U.S. 1067, 131 S. Ct. 650,

178 L. Ed. 2d 488,

2010 U.S. LEXIS 9419.

November 29, 2010.

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

Same case below, 595 F.3d 647.
_______________________________________ __ _____________ _______________ _____________ Michigan Supreme Court 

# Order
Lansing, Michigan
January 10, 2008 Clifford W. Taylor, Chief Justice
Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly 134445 Maura D. Corrigan 134446 Robert P. Young, Jr. Stephen J. Markman, Justices
ERIC A. BRAVERMAN, Successor Personal Representative of the Estate of Patricia Swann, Deceased, Plaintiff-Appellee, SC: 134445, 134446 v COA: 264029, 264091 Wayne CC: 05-502345-NH GARDEN CITY HOSPIT AL, a/k/a GARDEN CITY HOSPITAL, OSTEOPATHIC, Defendant, and

JOHN R. SCHAIRER, D.O., GARY YASHINSKY, M.D., ABHI NA V. RAINA, M.D., and PROVIDENCE HOSPIT AL AND MEDICAL CENTERS, INC., Defendants-Appellants.

On order of the Court, the motion by plaintiff-appell ee to strike the brief on appeal of Garden City Hospital is considered, and it is DENIED.

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.
January 10, 2008
Clerk
# C_2015213EN.01003101.xml

| 29.6.2015 | EN | Official Journal of the European Union | C 213/31 |
| --- | --- | --- | --- |

29.6.2015

EN

Official Journal of the European Union

C 213/31

---

Judgment of the General Court of 19 May 2015 — Granette & Starorežná Distilleries v OHIM — Bacardi (42 VODKA JEMNÁ VODKA VYRÁBĚNÁ JEDINEČNOU TECHNOLOGIÍ 42 % vol.)

(Case T-607/13) (1)

1

((Community trade mark - Opposition proceedings - Application for Community figurative mark 42 VODKA JEMNÁ VODKA VYRÁBĚNÁ JEDINEČNOU TECHNOLOGIÍ 42 % vol - Earlier international figurative mark 42 BELOW - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 213/53)

Language of the case: Czech

Parties

Parties

Applicant: Granette & Starorežná Distilleries a.s, (Ústí nad Labem, Czech Republic) (represented by: T. Chleboun, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially by D. Gája and P. Geroulakos, subsequently by M. Geroulakos and M. Šimandlova, Agents)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Bacardi C. Ltd (Vaduz, Liechtenstein) (represented by: M. Reinisch, lawyer)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court:

Re:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 September 2013 (Case R 1605/2012-2) relating to opposition proceedings between Bacardi Co. Ltd and Granette & Starorežná Distilleries a.s.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the appeal;

| 2. | Orders Granette & Starorežná Distilleries .a.s to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Bacardi Co. Ltd. |
| --- | --- |

2.

Orders Granette & Starorežná Distilleries .a.s to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Bacardi Co. Ltd.

---

(1)  OJ C 45, 15.2.2014.

1

---
Exhibit 32.2

CERTIFICATION ACCOMPANYING FORM 10-Q REPORT OF  REDDY ICE HOLDINGS, INC.  PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  (CHAPTER 63, TITLE 18 U.S.C. SS.SS.
1350(a) AND (b))

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Chapter 63, Title 18 U.S.C. ss.ss. 1350(a) and (b)), the
undersigned hereby certifies that the Quarterly Report on Form 10-Q for the period ended March 31, 2011 of Reddy Ice Holdings, Inc. and Reddy Ice Corporation fully
complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 and that the information contained in such Report fairly presents, in all material
respects, the financial condition and results of operations of Reddy Ice Holdings, Inc. and Reddy Ice Corporation.

Date:
May 5, 2011

/s/ STEVEN J. JANUSEK Steven J. Janusek, Chief Financial Officer


The
foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Chapter 63, Title 18 U.S.C. ss.ss. 1350(a) and (b)), is not
a part of the Form 10-Q to which it refers and is, to the extent permitted by law, provided by the above signatory to the extent of his knowledge.

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 Reddy Ice Holdings, Inc. and Reddy Ice Corporation and will be retained by
Reddy Ice Holdings, Inc. and Reddy Ice Corporation and furnished to the Securities and Exchange Commission or its staff upon request.

---



QuickLinks
EXHIBIT
32.1











CERTIFICATION
OF CHIEF EXECUTIVE OFFICER


PURSUANT
TO


18 U.S.C.
SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002














I, Albert
E. Sisto, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form
10-Q of hi/fn, inc. for the three months ended June 30, 2008 fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934, and that the information contained in such Quarterly Report on Form 10-Q
fairly presents in all material respects the financial condition and results of
operations of hi/fn, inc.








August
      1, 2008
            /s/
      ALBERT E. SISTOAlbert
      E. SistoChairman
      and Chief Executive Officer
<PAGE>   1




             EXHIBIT 11 - COMPUTATION OF EARNINGS (LOSS) PER SHARE

[CAPTION]
<TABLE>
                                                        Fiscal year ended
                                                --------------------------------------
                                                October 28,  October 29,  October 30,
                                                       1995         1994       1993
                                                -----------  -----------    ----------
 <S>                                         <C>           <C>            <C>
 
  Net earnings (loss)                           $(1,872)     $(16,127)       $2,454

  Weighted average number of common shares
    outstanding used in computing earnings
    per share                                 7,516,328     7,593,625     7,731,740

  Primary and fully diluted earnings
    (loss) per share before accounting
    changes                                      $(0.25)       $(1.19)        $0.19
                                                             
  Cumulative effect of accounting
    changes per share --                             -          (0.93)         0.13
                                                 ------         -----         -----

  Earnings (loss) per share                      $(0.25)       $(2.12)        $0.32
                                                 ======         =====         =====

</TABLE>
No. 10-140.

#### Joseph Carey, Petitioner v. United States.

562 U.S. 895, 131 S. Ct. 322,

178 L. Ed. 2d 145,

2010 U.S. LEXIS 6218.

October 4, 2010.

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

Same case below, 602 F.3d 738.
No. 10-5925.

#### Lawrence Everett Alleman, Petitioner v. Kentucky.

562 U.S. 983, 131 S. Ct. 418,

178 L. Ed. 2d 326,

2010 U.S. LEXIS 8166.

October 18, 2010.

Petition for writ of certiorari to the Supreme Court of Kentucky denied.

Same case below, 306 S.W.3d 484.
#### The People of the State of New York, Respondent, v Wilfredo Soto, Appellant.

[770 NYS2d 220]

Appeal from a judgment of Supreme Court, Monroe County (Sirkin, J.), entered May 20, 2002, convicting defendant after a jury trial of, inter alia, criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the sentence imposed on reckless endangerment in the first degree and as modified the judgment is affirmed, and the matter is remitted to Supreme Court, Monroe County, for resentencing on count two of the indictment.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [2]), reckless endangerment in the first degree (§ 120.25) and criminal mischief in the fourth degree (§ 145.00 [1]). Defendant failed to object to remarks made by the prosecutor during summation, and thus failed to preserve for our review his contention that those remarks deprived him of a fair trial *(see*CPL 470.05 [2]). In any event, we conclude that, in light of the overwhelming evidence against defendant, which included the testimony of three eyewitnesses who knew defendant and testified that he had a gun and fired it at the van, “the jury would have reached the same result if the conduct had not occurred” *(People v Curley,*159 AD2d 969, 970 [1990], *lv denied*76 NY2d 733 [1990]; *cf. People v Mott,*94 AD2d 415, 419 [1983]).

We further conclude that Supreme Court did not err in charging the jury in defendant’s absence. Although charging the jury *1402is a material stage of trial at which defendant has an “unequivocal right to be present” *(People v*Law, 198 AD2d 857, 858 [1993], *lv denied*83 NY2d 807 [1994]; see CPL 310.30), defendant was advised twice during the proceedings that, if he failed to appear, the trial would continue in his absence. Thus, having been “informed ... of the nature of the right to be present at trial and the consequences of failing to appear for trial,” defendant waived his right to be present during the jury charge *(People v Parker,*57 NY2d 136, 141 [1982]; *see People v Jackson,*149 AD2d 969, 969 [1989], *lv denied*74 NY2d 741 [1989]).

Finally, in light of the fact that defendant is a second felony offender, the sentence of an indeterminate term of imprisonment of 2 to 6 years imposed on the count of reckless endangerment in the first degree is illegal *(see*Penal Law § 70.06 [3] [d]). Thus, we modify the judgment by vacating the sentence imposed on reckless endangerment and remit the matter to Supreme Court, Monroe County, for resentencing on count two of the indictment. Present—Pine, J.P., Wisner, Scudder, Gorski and Lawton, JJ.
# C_2016222EN.01004704.xml

| 20.6.2016 | EN | Official Journal of the European Union | C 222/47 |
| --- | --- | --- | --- |

20.6.2016

EN

Official Journal of the European Union

C 222/47

---

Order of the Civil Service Tribunal of 4 May 2016 — Leon-Gonzalez v Commission

(Case F-116/13) (1)

(2016/C 222/69)

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 45, 15/2/214, p. 46.

---
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

Jason Lamon Mayes, Appellant

No. 06

- 19

- 00026

- CR v.
The State of Texas, Appellee Appeal from the 6th District Court of Lamar County, Texas (Tr. Ct. No. 27450 ). Memorandum Opinion delivered by Justic e Stevens, Chief Justice Morriss and Justice Burgess participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court

below

. We affirm the judgment of the trial court

. We no te that the appellant, Jason Lamon Mayes, has adequately indicated his inability to
pay costs of appeal. Therefore, we waive payment of costs.

RENDERED SEPTEMBER 27, 20 19 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk