alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jose A. Marte Lopez, Respondent, v Golan Achdary, Appellant, et al., Defendants.

[64 NYS3d 220]

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered on or about September 26, 2016, which denied defendant Golan Achdary’s motion for summary judgment dismissing the complaint and cross claim as against him, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

*554Plaintiff seeks to recover for injuries he sustained while a passenger on a motorcycle owned by defendant Achdary when the motorcycle collided with a vehicle owned and operated by defendant Afriyie Adu and defendant David O. Saprong, respectively. After the accident, the unidentified operator of the motorcycle fled the scene.

Achdary rebutted the presumption that the unidentified individual was operating the motorcycle with his permission *(see*Vehicle and Traffic Law § 388 [1]; *Murdza v Zimmerman,*99 NY2d 375, 380 [2003]; *Villamil v Budget Rental,*281 AD2d 207 [1st Dept 2001]; *Pow v Black,*182 AD2d 484 [1st Dept 1992]). His affidavit and documentary evidence establish that the motorcycle had been stolen from its parking spot on the street before the accident. His cellular phone record of calls made to 311, 911 and GEICO, his insurance company, confirm that he discovered and reported the theft of his motorcycle hours before the accident *(compare Hamilton v Hunt,*288 AD2d 86 [1st Dept 2001]). Moreover, Achdary had in his possession both sets of keys to the ignition, which was tampered with, as well as the license plate, which he had removed from the motorcycle after parking it.

In opposition, plaintiff, whose memory of the accident is impaired, offered no evidence as to the identity of the operator of Achdary’s motorcycle and failed to raise a triable issue of fact as to permissive use of the motorcycle.

Concur—Tom, J.P., Friedman, Andrias and Gesmer, JJ.
# Commentary: September is Suicide Prevention Awareness Month Suicide; is not the answer 

/ Published Sept. 2, 2023
BATTLE CREEK, Mich, 
The word suicide caught your attention, didn’t it? The truth is suicide catches everyone’s attention. It’s the actions leading up to suicide that go unnoticed. Knowing the warning signs of suicide could save a life.

If someone is at risk for suicide, you can watch for warning signs, including, but not limited to:
      - Talking about being a burden
      - Being isolated
      - Increased anxiety
      - Talking about feeling trapped or in unbearable pain
      - Increased substance use
      - Looking for a way to access lethal means
      - Increased anger or rage
      - Extreme mood swings
      - Expressing hopelessness
      - Sleeping too little or too much
      - Talking or posting about wanting to die
      - Making plans for suicide

5 steps to help someone at risk:
      - LISTEN and validate their struggle. Be there for them.
      - ASK “Are you thinking about suicide?” or “Are you thinking about killing yourself.”
      - KEEP THEM SAFE by staying with them until you have a warm hand-off to a professional.
      - HELP THEM CONNECT with someone trained, call 988, or 911 if imminent danger, or take them to the closest emergency room.
      - FOLLOW UP by keeping connected and checking on them. Tell them you care about them and glad they are here.

If you are thinking about suicide:
      - Call or text a crisis line or a trusted friend.
      - Make an appointment with a health care or mental health professional to talk about what you’re thinking or how you’re feeling.
      - Suicidal thoughts are a symptom, just like any other – they can be treated, and they can improve over time.

If you or someone you know is struggling or in crisis, help is available. Call or text 988 or chat 988lifeline.org to reach the 988 Suicide & Crisis Lifeline. In 2021, the Veterans Crisis Line received an average of 1807.52 calls per day, which equates to 75 calls for support per hour. **You are not alone**, make the call today!

To become a Certified QPR Gatekeeper and received suicide prevention training, a certificate, and a booklet email **MWR Family Programs** to sign up for upcoming training, or even to receive assistance or resources.

----

Visit us on the web to find more information on Battle Creek MWR Family Programs or DLA Employee Assistance Program.
# Disposition personnel to support DEFENDER 2024

/ Published April 29, 2024
BATTLE CREEK, Mich., 
Defense Logistics Agency Disposition Services civilian and military personnel will take part in DEFENDER 2024 at Germersheim Army Depot in Germany in May.

According to the U.S. Army, DEFENDER lasts from late March through May and is the largest Army exercise in Europe with more than 17,000 U.S. and 23,000 multinational servicemembers from more than 20 allied and partner nations.

About 20 DLA property disposition team members will deploy to Germersheim, where they will construct one of the agency’s forward-based modular Expeditionary Site Sets and practice their property receipt and material handling equipment operation skills.

The Kaiserslautern-based ESS that the team will assemble has been similarly used to support a major exercise on the continent once before, when it was constructed at Camp Bondsteel in Kosovo in 2019 for U.S. Army Europe’s Saber Guardian and the NATO-led Kosovo Force mission.

Jeffrey Nofzinger serves as the sub-command’s Warfighter Support and Readiness Division exercise planner and readiness officer. He said the May exercise will serve as the agency’s primary training event for expeditionary property disposal personnel this year. Additional DLA Disposition Services annual training opportunities during the summer will see DLA military reserve members augment stateside field offices, where they can receive hands-on training and help alleviate inventory backlog.

“Our goal for DEFENDER is to deploy, set up our ESS, run real-world property disposal, and then redeploy and reset the equipment,” Nofzinger said. “It’s all about maintaining our expeditionary capability. It sounds simple, but because this is the first time we’re doing it in Germany, there’s a lot of logistics involved.”

Nofzinger said DEFENDER participants will deploy alongside personnel from DLA Distribution, which will send a DDXX deployable team. For the reverse logisticians in the agency, getting a chance to train alongside DLA Distribution offers an extra level of realism that reflects DLA’s preference to try and co-locate sub-command deployers during real world contingencies to maximize efficiency of its communications network and physical assets.

A short DLA video highlights the ESS deployment to the Balkans in 2019.

The Army’s DEFENDER exercise is nested within the even bigger Steadfast Defender 2024 exercise that NATO is conducting across the continent. The Defense Department estimates that more than 50 naval assets, 1,100 combat vehicles, and 90,000 troops are participating overall, with more than 30 NATO allies testing new defense plans and the organization’s ability to deploy collective forces quickly.

According to a statement by Supreme Allied Commander Europe Army Gen. Christopher Cavoli, “Steadfast Defender 2024 will be a clear demonstration of our unity, strength and determination to protect each other, our values, and the rules-based international order.”
No. 09-11227.

#### Brian Clay Norberg, Petitioner v. Rick Coursey, Superintendent, Eastern Oregon Correctional Institution.

562 U.S. 868, 131 S. Ct. 163,

178 L. Ed. 2d 97,

2010 U.S. LEXIS 6521.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
#### Siu Kiu Lam et al., Plaintiffs, v Nelly Loo, M.D., et al., Defendants. Morelli Law Firm, PLLC, Nonparty Appellant.

[63 NYS3d 102]

In an action to recover damages for medical malpractice, nonparty Morelli Law Firm, PLLC, appeals from an order of the Supreme Court, Kangs County (Bunyan, J.), dated June 8, 2016, which denied its motion pursuant to Judiciary Law § 474-a for an increased contingency fee award due to extraordinary circumstances.

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

Contrary to its contention, the nonparty-appellant law firm (hereinafter the law firm) failed to demonstrate that its statutory compensation in the sum of $376,198.50 under the Judiciary Law § 474-a (2) schedule was inadequate. The law firm expended approximately 970 hours, that included 9 days of trial, over the course of the 71⁄2 years it represented the plaintiffs in this medical malpractice action *(cf. Contorino v Florida Ob/Gyn Assn.,*283 AD2d 67, 71 [2001]). The record is devoid of any evidence that the amount of time spent on the representation of the plaintiffs resulted in an exceptionally low hourly rate of compensation, or that it caused the law firm any financial detriment *(see Yalango v Popp,*84 NY2d 601, 608-610 [1994]).

Inasmuch as the law firm failed to make the threshold showing that compensation in this case was inadequate, it is not necessary to reach the issue of whether extraordinary circumstances existed.

Accordingly, the Supreme Court providently exercised its discretion in denying the law firm’s motion pursuant to Judiciary Law § 474-a for an increased contingency fee award *(see Yalango v Popp,*84 NY2d 601 [1994]).

Leventhal, J.P., Barros, Brathwaite Nelson and Christopher, JJ., concur.
[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)]
[Notices]
[Pages 34425-34426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16728]


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

GENERAL SERVICES ADMINISTRATION

[OMB Control No. 3090-0250]


Submission for OMB Review; Comment Request Entitled Zero Burden 
Information Collection Reports

AGENCY: Office of Acquisition Policy, GSA.

ACTION: Notice of request for public comments regarding reinstatement 
to a previously approved OMB Clearance 3090-0250, Zero Burden 
Information Collection Reports.

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

SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. Chapter 35), the Office of Acquisition Policy has submitted 
to the Office of Management and Budget (OMB) a request to review and 
approve a reinstatement of a previously approved information collection 
requirement concerning Zero Burden Information Collection Reports. GSA 
proposed to use a single, general control

[[Page 34426]]

number for information collections that impose no burden upon the 
public. A request for public comments was published at 63 FR 19264, 
April 17, 1998. No comments were received.

DATES: Comment Due Date: July 24, 1998.

ADDRESSES: Comments regarding this collection of information should be 
submitted to: Edward Springer, GSA Desk Officer, Room 3235, NEOB, 
Washington, DC 20503 and to Marjorie Ashby, General Services 
Administration (MVP), 1800 F Street NW, Washington, DC, 20405.

FOR FURTHER INFORMATION CONTACT:
Al Matera, Office of GSA Acquisition Policy (202) 501-1224.

SUPPLEMENTARY INFORMATION: The GSA is requesting the Office of 
Management and Budget (OMB) to reinstate information collection, 3090-
0250, Zero Burden Information Collection Reports. This information 
collection consists of reports that do not impose collection burdens 
upon the public. These collections require information which is already 
available to the public at large or that is routinely exchanged by 
firms during the normal course of business. A general control number 
for these collections decreases the amount of paperwork generated by 
the approval process. Since May 1992, GSA has published two rules that 
fall under Information Collection 3090-0250: ``Implementation of Public 
Law 99-506'' published at 56 FR 29442, June 27, 1991, and ``Industrial 
Funding Fee'' published at 62 FR 38475, July 18, 1997.

Copy of Proposal

    A copy of this proposal may be obtained from the GSA Acquisition 
Policy Division (MVP), Room 4011, GSA Building, 1800 F Street, NW, 
Washington, DC, 20405 or by telephoning (202) 501-3822, or by faxing 
your request to (202) 501-3341.

    Dated: June 16, 1998.
Ida M. Ustad,
Deputy Associate Administrator for Acquisition Policy.
[FR Doc. 98-16728 Filed 6-23-98; 8:45 am]
BILLING CODE 6820-61-M
# Red River’s safety specialist supports MRAP DEMIL in Afghanistan

/ Published Sept. 22, 2015
RED RIVER, Texas, 
Kent Martz, a safety specialist at Defense Logistics Agency Distribution Red River, Texas, has spent the last six months in Afghanistan supporting the MRAP Demilitarization mission. Arriving in March 2015, he is expected to return home to Red River at the end of September 2015.

An MRAP is a Mine-Resistant Ambush Protected vehicle designed specifically to withstand improvised explosive device attacks and ambushes. From 2007 until 2012, the Pentagon's MRAP program deployed more than 12,000 MRAPs in the Iraq War and War in Afghanistan.

Martz has worked for DLA Distribution Red River for the past year and a half. Before that time, he worked in the environmental division of Red River Army Depot for four years.

Arriving in Afghanistan in March of 2015, Martz was required to conduct an annual safety inspection and weekly safety walkthroughs with management. DLA also required him to maintain an up to date safety program that encompasses all aspects required by OSHA 1910 and 1960.

“The mission of any safety specialist does not change and is not pre-determined by whether you are deployed or at your home station,” said Martz.

As part of the MRAP DEMIL mission, Martz spends much of his time out in the yard, observing operations including cutting, shearing, shredding and vehicle loading and unloading.

“I conduct ammo abatement inspections on tactical vehicles and non-tactical up-armored vehicles turned in to Disposition Services for DEMIL,” Martz said.

Martz explained the safety department became involved with the MRAP DEMIL mission a few years ago, as a result of an injury that occurred when a live round went off when a vehicle was being cut. Since that incident, Safety now completes nine separate inspections of the vehicle for ammunition prior to the DEMIL process, to prevent injury from live rounds going off that may be lodged in a vehicle.

“I have inspected over 300 vehicles and identified over 150 live rounds,” said Martz. “The challenge faced in a deployed situation is you can find yourself faced with a situation that would be an easy or quick fix at a regular duty station, but you have to adjust your mind set and utilize risk management to allow the mission to continue.”

The end of September means Martz will be able to return home. The mission, however, will not end with his return to Red River. Just as Lyle Watson before him, Mitch Ware will be following behind to continue the safety mission.
Exhibit 23.4



                        CONSENT OF INDEPENDENT CERTIFIED
                               PUBLIC ACCOUNTANTS


         We consent to the incorporation by reference in this Annual Report
(Form 10-K) of Dollar Financial Group, Inc. of our report dated March 17, 1996,
included in the Registration Statement (Form S-4 No. 333-18221) and related
Prospectus of Dollar Financial Group, Inc. for the registration of $110.0
million 10-7/8% Series A senior notes filed with the Securities and Exchange
Commission.

                                              /s/  William Proper & Company

Beachwood, Ohio
September 27, 1997
160 A.3d 711

#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MANUEL MERCADO, DEFENDANT-PETITIONER.

February 13, 2017

ON PETITION FOR CERTIFICATION

To the Appellate Division, Superior Court:

A petition for certification of the judgment in [ A-XXXXXX-XX ] having been submitted to this Court, and the Court having considered the same;

It is ORDERED that the petition for certification is denied.
N OTE : This order is nonprecedential. 

# United States Court of Appeals **for the Federal Circuit**

__________________________ JOHN YERESSIAN , Petitioner,

v. DEPARTMENT OF THE AR MY , Respondent.

__________________________ 201 3-30 80

__________________________ Petit ion for review of the Merit Systems Protection Board in No

. SF0752090049 -C-2.

__________________________ ON MOTION

__________________________ O R D E R
John Yeressian moves for leave to proceed in forma pauperis. Upon consideration thereof , I T I S O RDERED T HAT : The motion is granted

. Case: 13-3080 Document: 10 Page: 1 Filed: 04/30/2013JOHN YERESSIAN v. ARMY 2 F OR T HE C OURT
/s/ Jan Horbaly Jan Horbaly Clerk

s24 Case: 13-3080 Document: 10 Page: 2 Filed: 04/30/2013
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,993

EX PARTE MICHAEL BELTRAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 27599-A IN THE 3RD DISTRICT COURT

FROM ANDERSON COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated

assault on a public servant with a deadly weapon and sentenced to life imprisonment. The Twelfth

Court ofAppeals affirmed his conviction. Beltran v. State, No. 12-06-00390-CR (Tex. App. – Tyler,

November 30, 2007).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel,

who had been retained to file a petition for discretionary review, failed to timely file one. We
remanded this application to the trial court for findings of fact and conclusions of law.

Appellate counsel filed affidavits with the trial court. Based on those affidavits, the trial

court has entered findings of fact and conclusions of law that appellate counsel had been retained

by Applicant to file a petition for discretionary review but failed to timely file one. The trial court

recommends that relief be granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). We

find, therefore, that Applicant is entitled to the opportunity to file an out-of-time petition for

discretionaryreview ofthe judgment oftheTwelfth Court of Appeals in Cause No. 12-06-00390-CR

that affirmed his conviction in Case No. 27,599 from the 3rd Judicial District Court of Anderson

County. Applicant shall file his petition for discretionary review with the Twelfth Court of Appeals

within 30 days of the date on which this Court’s mandate issues.

Filed: September 10, 2008

Do not publish
# Troop Support welcomes return of ‘Take Our Daughters and Sons to Work Day’ 

/ Published April 29, 2024
Philadelphia, 
Nearly 500 children attended Defense Logistics Agency Troop Support’s “Take Our Daughters and Sons to Work Day” event April 25 in Philadelphia. 

This year marked the first in-person event since 2019. Children of various ages learned about the organization’s warfighter support. Alongside educational programs, the children participated in face painting, an obstacle course, and a scavenger hunt. 

“Everything seems to be interactive,” said Kadeem Dwyer a biomedical engineer in the Medical supply chain and father of two. “The stations are more than something for kids to look at. They can put their hands on [Meals Ready-to-Eat] and helmets.” 

Several parents were receptive to the returned event.  

“I love Take Our Daughters and Sons to Work Day, I have brought my daughter Sophia for many years,” said Megan Cavanaugh, North Institutional Cell chief, Medical Customer Operations. “Sophia is having a great time and we visited almost every location.”  

Visiting children were curious to see their parents’ workspace and learn what it is they do. Sophia was excited to see the flag room and take home a sample of flag thread. More importantly was to see her mom’s desk. 

Gabby, age 8, said when she gets back to school, she can tell friends she learned about MREs, but her favorite part was the obstacle course. Her mother, Army CW4 Shemika Harris, a military food advisor in the Subsistence supply chain, said prior to coming on base this morning, her two children wanted to see what she did on a day-to-day basis.
#### Com. v. McLaine

05/11/2016

949 MAL (2015)

Denied

Pa.Super., 134 A.3d 490
Exhibit 32.1


MTS SYSTEMS CORPORATION 
CERTIFICATION OF CHIEF EXECUTIVE OFFICER 
PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)


The
undersigned, Sidney W. Emery Jr., the Chief Executive Officer of MTS Systems
Corporation (the Company), has executed this Certification in connection with
the filing with the Securities and Exchange Commission of the Companys
Quarterly Report on Form 10-Q for the fiscal quarter ended April 1, 2006 (the
Report).

The
undersigned hereby certifies 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.

A signed
original 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 SEC or its
staff upon request.

|                    |                                                   | 
|------------------- | ------------------------------------------------- | 
|Date: May 9,
  2006 |                                                  
|                    |                                                  
|                    | /s/ Sidney
  W. Emery Jr.                         | 
|                    |                                                   | 
|                    | Sidney W.
  Emery Jr.                            
|                    | Chairman,
  President and Chief Executive Officer

---
[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Notices]
[Pages 477-478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-167]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP98-152-000]


U-T Offshore System; Notice of Application for a Blanket 
Certificate

December 30, 1997.
    Take notice that on December 22, 1997, U-T Offshore System (UTOS), 
500 Renaissance Center, Detroit, MI 48243, filed in Docket No. CP98-
152-000 an

[[Page 478]]

application for a Blanket Certificate of Public Convenience and 
Necessity under Subpart F Part 157 of the Commission's Regulations 
requesting authority to engage in the activity described in Section 
157.203 of the Commission's Regulations, all as more fully set forth in 
the request that is on file with the Commission and open to public 
inspection.
    Any person desiring to be heard or to make any protest with 
reference to said motion should on or before January 20, 1998, file 
with the Federal Energy Regulatory Commission, 888 First Street, N.E., 
Washington, D.C. 20426, a motion to intervene or a protest in 
accordance with the requirements of the Commission's Rules of Practice 
and Procedure (18 CFR 384.214 or 385.211) and the Regulations under the 
Natural Gas Act (18 CFR 157.10). All protests filed with the Commission 
will be considered by it in determining the appropriate action to be 
taken but will not serve to make the protestants parties to the 
proceeding. Any person wishing to become a party to a proceeding or to 
participate as a party in any hearing therein must file a motion to 
intervene in accordance with the Commission's Rules.
Lois D. Cashell,
Secretary.
[FR Doc. 98-167 Filed 1-5-98; 8:45 am]
BILLING CODE 6717-01-M
#### State v. Chippewa

DA 16-0045

04/11/17

2017 MT 86N

Affirmed

Dist. 13 (Yellowstone)