alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Timothy Wheeler, Petitioner, v Barbara Kahn et al., Respondents.

[60 NYS3d 440]

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Barbara Kahn, an Acting Justice of the Supreme Court, Suffolk County, to sentence the petitioner in accordance with his plea agreement of October 19, 2016, in a matter entitled *People v Wheeler,*pending in that court under indictment No. 1887B-2015, or in the nature of prohibition to prohibit the vacatur of the petitioner’s plea of guilty.

Adjudged that the petition and proceeding are dismissed for lack of subject matter jurisdiction insofar as asserted against the respondent Suffolk County District Attorney’s Office; and it is further,

Adjudged that the petition is otherwise denied and the *927proceeding is otherwise dismissed on the merits, without costs or disbursements.

The petitioner commenced this proceeding pursuant to CPLR article 78, inter alia, to compel the respondent Barbara Kahn, an Acting Justice of the Supreme Court, to abide by terms of the petitioner’s plea agreement entered into on October 19, 2016. Alternatively, the petitioner seeks to prohibit the respondent Barbara Kahn from vacating his plea of guilty. The petitioner named as a respondent not only Acting Justice Kahn, but also the Suffolk County District Attorney’s Office.

The petition and the proceeding must be dismissed against the Suffolk County District Attorney’s Office, since it is neither a Judge of a County Court nor a Justice of the Supreme Court and, therefore, this Court lacks subject matter jurisdiction over the proceeding insofar as asserted against it *(see*CPLR 7804 [b]; 506 [b] [1]; *Matter of Nolan v Lungen,*61 NY2d 788, 789-790 [1984]; *Matter of Canestro v Pineda-Kirwan,*132 AD3d 863, 863 [2015]; *Matter of Liang v Hart,*132 AD3d 765, 765 [2015]; *Matter of Lawtone-Bowles v Klein,*131 AD3d 697, 698 [2015]).

“Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court — in cases where judicial authority is challenged — acts or threatens to act either without jurisdiction or in excess of its authorized powers” *(Matter of Holtzman v Goldman,*71 NY2d 564, 569 [1988]; *see Matter of Rush v Mordue,*68 NY2d 348, 352 [1986]; *Matter of Smith v Knipel,*151 AD3d 1067 [2017]; *Matter of Cilibrasi v Chun,*151 AD3d 722 [2017]; *Matter of Kirkorov v Justices of Supreme Ct. of Queens County,*32 AD3d 430 [2006]). “Similarly, the extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only when there exists a clear legal right to the relief sought” *(Matter of Kirkorov v Justices of Supreme Ct. of Queens County,*32 AD3d at 431; *see Matter of Legal Aid Socy. of Sullivan County v Scheinman,*53 NY2d 12, 16 [1981]).

The petitioner here has failed to demonstrate a clear legal right to the relief sought.

Leventhal, J.P., Cohen, Hinds-Radix and Connolly, JJ., concur.
II

103D CONGRESS

2D SESSION S. 2481

To provide for the appointment of 1 additional Federal district judge for

the western district of Kentucky, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 30 (legislative day, SEPTEMBER 12), 1994

Mr. FORD introduced the following bill; which was read twice and referred to

the Committee on the Judiciary

A BILL

To provide for the appointment of 1 additional Federal district judge for the western district of Kentucky, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ADDITIONAL FEDERAL DISTRICT JUDGE FOR

4 THE WESTERN DISTRICT OF KENTUCKY.

5 (a) IN GENERAL.—The President shall appoint, by

6 and with the advice and consent of the Senate, 1 addi7 tional district judge for the western district of Kentucky.

8 (b) EASTERN DISTRICT.—The district judgeship for

9 the eastern and western districts of Kentucky (as in effect

10 before the date of the enactment of this Act) shall be a
2

•S 2481 IS

1 district judgeship for the eastern district of Kentucky

2 only, and the incumbent of such judgeship shall hold his

3 office under section 133 of title 28, United States Code,

4 as amended by this section.

5 (c) TABLES.—In order that the table contained in

6 section 133 of title 28, United States Code, shall reflect

7 the change in the total number of permanent district

8 judgeships authorized under this section, such table is

9 amended by amending the item relating to Kentucky to

10 read as follows:

‘‘Kentucky:

‘‘Eastern ............................................................................... 5

‘‘Western .............................................................................. 5’’.

Æ
Docket No. FAA-2012-1157
[Federal Register Volume 63, Number 123 (Friday, June 26, 1998)]
[Notices]
[Page 34901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17090]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Ethics Subcommittee and the Advisory Committee to the Director, 
Centers for Disease Control and Prevention: Meetings

    In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces the following subcommittee and committee 
meetings.

    Name: Ethics Subcommittee of the Advisory Committee to the 
Director, CDC.
    Time and Date: 9 a.m.-3 p.m., July 16, 1998.
    Place: CDC, Building 16, Room 5126, 1600 Clifton Road, NE, 
Atlanta, Georgia 30333.
    Status: Open to the public, limited only by the space available. 
The meeting room accommodates approximately 25 people.
    Purpose: This subcommittee will anticipate, identify, and 
propose solutions to strategic and broad ethical issues facing CDC.
    Matters to be Discussed: Agenda items will include updates from 
the Associate Director for Science, Dixie E. Snider, M.D., M.P.H., a 
discussion on CDC's pandemic influenza plan, and ethical 
consultation on blinded HIV serosurveys.

    Name: Advisory Committee to the Director, CDC.
    Time and Date: 8:30 a.m.-3 p.m., July 17, 1998.
    Place: CDC, Auditorium A, 1600 Clifton Road, NE, Atlanta, 
Georgia 30333.
    Status: Open to the public, limited only by the space available.
    Purpose: This committee advises the Director, CDC, on policy 
issues and broad strategies that will enable CDC, the Nation's 
prevention agency, to fulfill its mission of promoting health and 
quality of life by preventing and controlling disease, injury, and 
disability. The Committee recommends ways to incorporate prevention 
activities more fully into health care. It also provides guidance to 
help CDC work more effectively with its various constituents, in 
both the private and public sectors, to make prevention a practical 
reality.
    Matters to be Discussed: Agenda items will include updates from 
CDC Acting Director, Claire V. Broome, M.D., a report from the 
Ethics Subcommittee, a discussion on counter terrorism and the 
public health infrastructure, and the agency's prevention research 
agenda.
    Agenda items are subject to change as priorities dictate.
    Contact Person for More Information: Linda Kay McGowan, 
Executive Secretary, Advisory Committee to the Director, CDC, 1600 
Clifton Road, NE, M/S D-24, Atlanta, Georgia 30333, telephone 404/
639-7080.

    Dated: June 22, 1998.
Carolyn J. Russell,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention (CDC).
[FR Doc. 98-17090 Filed 6-25-98; 8:45 am]
BILLING CODE 4163-18-P
July 15, 2014

CAAP-12-0001007

#### State v. Kernstock

Vacated and Remanded
No. 10-6759.

#### Thomas Joseph Fergusson, Petitioner v. Rick Coursey, Superintendent, Eastern Oregon Correctional Institution.

562 U.S. 1034, 131 S. Ct. 579,

2010 U.S. LEXIS 8685.

178 L. Ed. 2d 423,

November 8, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
No. 10-5635.

#### Maurice D. Tucker, Petitioner v. United States.

562 U.S. 932, 131 S. Ct. 330,

2010 U.S. LEXIS 7108.

178 L. Ed. 2d 214,

October 4, 2010.

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

Same case below, 371 Fed. Appx. 676.
Exhibit 32.2



Section 1350 Certification,

As Adopted Pursuant To

Section 906 of The Sarbanes-Oxley Act of 2002



In connection with the Quarterly Report of Magma Design Automation, Inc. (the
Company) on Form 10-Q for the period ending July 3, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Gregory C. Walker, Chief Financial Officer of the Company, certify to the best
of my knowledge, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



(1) The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and



(2) The information contained in the Report fairly
presents, in all material respects, the financial condition and result of operations of the Company for the periods presented therein.



/s/    GREGORY C.
WALKERGregory C. Walker Senior Vice PresidentFinance and Chief Financial Officer




August 11, 2005



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 Securities and Exchange Commission or its staff upon request.
35308 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 / Notices

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–16927 Filed 6–26–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Office of the Secretary

List of Countries Requiring

Cooperation With an International

Boycott

In order to comply with the mandate

of section 999(a)(3) of the Internal

Revenue Code of 1986, the Department

of the Treasury is publishing a current

list of countries which may require

participation in, or cooperation with, an

international boycott (within the

meaning of section 999(b)(3) of the

Internal Revenue Code of 1986).

On the basis of the best information

currently available to the Department of

the Treasury, the following countries

may require participation in, or

cooperation with, an international

boycott (within the meaning of section

999(b)(3) of the Internal Revenue Code

of 1986): Bahrain, Iraq, Kuwait,

Lebanon, Libya, Oman, Qatar, Saudi

Arabia, Syria, United Arab Emirates,

Yemen, Republic of.

Dated: June 19, 1998.

Philip West,

International Tax Counsel (Tax Policy).

[FR Doc. 98–17153 Filed 6–26–98; 8:45 am]

BILLING CODE 4810–25–M
[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Notices]
[Page 34153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16582]


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

DEPARTMENT OF DEFENSE

Department of the Navy


Notice of Availability of Inventions for Licensing; Government-
Owned Inventions

AGENCY: Department of the Navy, DOD.

ACTION: Notice.

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

SUMMARY: The inventions listed below are assigned to the United States 
Government as represented by the Secretary of the Navy and are 
available for licensing by the Department of the Navy.
    Patent Application entitled ``Ultra-High Resolution Liquid Crystal 
Display on Silicon-on-Sapphire,'' filed March 25, 1998, Navy Case No. 
79043.

ADDRESSES: Requests for copies of the patent applications cited should 
be directed to the Office of Naval Research, ONR OOCC, Ballston Tower 
One, 800 North Quincy Street, Arlington, Virginia 22217-5660 and must 
include the Navy Case numbers.

FOR FURTHER INFORMATION CONTACT: Mr. R. J. Erickson, Staff Patent 
Attorney, Office of Naval Research, ONR OOCC, Ballston Tower One, 800 
North Quincy Street, Arlington, Virginia 22217-5660, telephone (703) 
696-4001.

(Authority: 35 U.S.C. 207, 37 CFR Part 404)

    Dated: June 11, 1998.
Matthew G. Shirley,
LCDR, JAGC, USN, Federal Register Liaison Officer.
[FR Doc. 98-16582 Filed 6-22-98; 8:45 am]
BILLING CODE 3810-FF-P
No. 10-317.

#### Kwabena Mawulawde, Petitioner v. Board of Regents of the University System of Georgia, et al.

562 U.S. 1029, 131 S. Ct. 569,

178 L. Ed. 2d 414,

2010 U.S. LEXIS 8716.

November 8, 2010.

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

Same case below, 372 Fed. Appx. 51.
**EXHIBIT 32**

 

**CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND**

**CHIEF FINANCIAL OFFICER**

**Pursuant to 18 United States Code § 1350,**

**as adopted pursuant to Section 906 of The Sarbanes-Oxley Act of 2002**

 

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, Leonard F. Leganza, the Chief Executive Officer of The Eastern Company (the “Company”) and John L. Sullivan III, the Chief Financial Officer of the Company, hereby certify that, to the best of their knowledge:

 

| 1) | The Company’s Annual Report on Form 10-K for the period ended January 3, 2009, and to which this certification is attached as Exhibit 32 (the “Periodic 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 Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

In Witness Whereof, the undersigned have set their hands hereto as of the 11th day of March, 2009.

 

|   | /s/ Leonard F. Leganza |
|--------|------------------------|

|   | Leonard F. Leganza |
|--------|--------------------|

|   | CEO |
|--------|-----|

 

 

|   | /s/ John L. Sullivan III |
|--------|--------------------------|

|   | John L. Sullivan III |
|--------|----------------------|

|   | CFO |
|--------|-----|

 

 

A signed original of this written statement required by Section 906 has been provided to The Eastern Company and will be retained by The Eastern Company and furnished to the Securities and Exchange Commission or its staff upon request. 

 

This certification “accompanies” the Form 10-K to which it relates, is not deemed filed with the SEC and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-K, irrespective of any general incorporation language contained in such filing.) 

 

 

 

 

 

 

 

71
No. D-2573.

#### In the Matter of Discipline of Stephen Lee McPherson.

562 U.S. 818, 131 S. Ct. 411,

178 L. Ed. 2d 275,

2010 U.S. LEXIS 7512.

October 4, 2010.

Stephen Lee McPherson, of Chesapeake, Virginia, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
No. 10-5956.

#### Larry Cochran, Petitioner v. United States.

562 U.S. 942, 131 S. Ct. 362,

178 L. Ed. 2d 234,

2010 U.S. LEXIS 7442.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.
Amendment 1 to Memorandum of Understanding



 Exhibit 10.32A 
 

 
 AMENDMENT 1 TO 
 MEMORANDUM OF UNDERSTANDING 
 This Amendment No. 1 (“Amendment 1”) is effective this 20 day of
March, 2006, by and between Alien Technology Corporation a Delaware corporation, with its principal place of business at 18220 Butterfield Blvd., Morgan Hill, California, (“Customer”) and Solectron Corporation, a Delaware
Corporation, (“Solectron”), on behalf of itself and its subsidiaries and affiliates, with its principle place of business at 847 Gibraltar Drive, Milpitas, California 95035. 
 Solectron hereby extends the agreed upon credit limit amount to Customer subject to the following: 
  

	 	a.	On or before the Effective Date of this Amendment, Customer will provide Solectron with a copy of its most recent financial statements. Thereafter, Customer will provide updated
monthly financial statements within thirty (30) days following the end of each calendar month. Twelve months after the Effective Date and from time to time thereafter, Solectron will reevaluate this requirement and may, in its sole option,
amend this requirement. 

  

	 	b.	In order to sustain the credit limit amount, Customer must maintain a cash balance of no less than ten (10) times the amount of cash used in the previous month (burn rate).


  

	 	c.	If Customer fails to make timely payments on the terms set forth in the Memorandum of Understanding, satisfy credit requirements, or provide financial information as required
herein, it shall be deemed a material breach of this Agreement. In this event, Solectron may, in addition to any other rights and remedies provided at law or in equity, suspend its performance under the Memorandum of Understanding, as amended, and
withhold shipment of Products, refuse to accept further orders, change credit and payment terms, request other assurances such as converting the business to consignment, change terms to cash in advance or attain a stand by letter of credit and/or
take any other action that Solectron, in its sole discretion, deems appropriate. In the event Customer does not cure the material breach within 30 days, or make alternative arrangements satisfactory to Solectron, Solectron may terminate Memorandum
of Understanding, as amended, and exercise any and all rights and remedies provided at law or in equity or in the Memorandum of Understanding, as amended. 

  

							
	Agreed to:	    		 	
				
	Dated:	 	 3/20/06
	    	Dated:	 	 3 - 22 - 06

		
	ALIEN TECHNOLOGY	    	SOLECTRON CORPORATION
				
	By:	 	 /s/ John Payne
	    	By:	 	 /s/ Darryl Payton

		 	(Signature)	    		 	(Signature)
				
	Title:	 	 COO
	    	Title:	 	 Director, Contracts
No. 10-6571.

#### Michael Partee, Petitioner v. United States.

562 U.S. 991, 131 S. Ct. 439,

178 L. Ed. 2d 340,

2010 U.S. LEXIS 8271.

October 18, 2010.

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

Same case below, 376 Fed. Appx. 614.
[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Notices]
[Page 34643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16887]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP98-610-000]


El Paso Natural Gas Company; Notice of Request Under Blanket 
Authorization

June 19, 1998.
    Take notice that on June 12, 1998, El Paso Natural Gas Company 
(Applicant), P.O. Box 1492, El Paso, Texas 79978, filed in Docket No. 
CP98-610-000 a request pursuant to Sections 157.205 and 157.212 of the 
Commission's Regulations under the Natural Gas Act (18 CFR 157.205 and 
157.212) for approval to operate an existing metering facility located 
at the discharge side of the Chaco Compressor Station in San Juan 
County, New Mexico, as a jurisdictional delivery point for the delivery 
of natural gas pursuant to Subpart G, Part 284 of the Commission's 
Regulations, all as more fully set forth in the request which is on 
file with the Commission and open to public inspection.
    Applicant states that by order issued March 31, 1998 in Docket No. 
CP94-183-005, Applicant was granted permission and approval to abandon 
and transfer to El Paso Field Services Company (Field Services) the 
Chaco Compressor Station, with appurtenances. Applicant further states 
that the abandonment and transfer of facilities occurred on April 30, 
1998.
    Applicant asserts that prior to April 30, 1998, fuel for the daily 
operation of the Chaco Station was provided by Applicant at an existing 
point on Applicant's interstate transmission system downstream of the 
Chaco Station. Applicant further asserts that it now seeks 
authorization to utilize the existing metering facility at the Chaco 
Station as a jurisdictional delivery point to accommodate a request by 
Field Services for pipeline quality gas as fuel at the Chaco Plant/
Compressor Station on an emergency basis. Applicant states that the 
fuel gas will be delivered pursuant to an effective Transportation 
Service Agreement between Applicant and Field Services and that 
Applicant has sufficient capacity to accomplish the deliveries 
specified herein without detriment or disadvantage to Applicant's other 
customers.
    Any person or the Commission's Staff may, within 45 days of the 
issuance of the instant notice by the Commission, file pursuant to Rule 
214 of the Commission's Rules of Practice and Procedure (18 CFR 
385.214), a motion to intervene and pursuant to Section 157.205 of the 
regulations under the National Gas act (18 CFR 157.205), a protest to 
the request. If no protest is filed within the time allowed therefor, 
the proposed activities shall be deemed to be authorized effective the 
day after the time allowed for filing a protest. If a protest is filed 
and not withdrawn 30 days after the time allowed for filing a protest, 
the instant request shall be treated as an application for 
authorization pursuant to Section 7 of the Natural Gas Act.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-16887 Filed 6-24-98; 8:45 am]
BILLING CODE 6717-01-M
Site Spotlight: DLA Disposition Services Kuwait
 
  **aerial photograph of Kuwait site
        Site Spotlight: Disposition Services Kuwait
            Learn more about the Disposition Services site at Kuwait

            SHARE IMAGE:

                Download Image
                    Image Details
                    
                    Photo By: DLA Disposition Services
                    
                    VIRIN: 220705-D-D0441-201** Kuwait Site **Site Size:**40 Acres **Date EST:**1992 **Location:**Camp Arifjan, Kuwait **Hours of Operations:**7:30 am - 4:00 pm, Sunday - Thursday **Services Provided:**RTD, DEMIL and mutilation **Major units supported:**Combined Joint Task Force Operation Inherent Resolve, 401st Army Field Support Brigade, Department of Labor and Area Support Group-Kuwait **What are the most notable or unusual items processed at the site?**Anti-drone/UAV gun **Any noteworthy historical items processed?**The final remnants of combat power from Afghanistan **What is the site’s average annual fiscal year statistics?**FY 21 actuals: 116,298 receipts received and 23.5M lbs. of scrap removed. RTD: 33,146 pieces with a total value of over $14.7M. **Any unique challenges the site faces?**Summer temperatures range from 110 degrees to over 120 degrees during the day **What are the goals for the upcoming year?**Zero injuries and maintain a high level of readiness