alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Christian D. and Others, Infants. Marian R., Appellant; SCO Family of Services of New York, Respondent.

[69 NYS3d 314]

Order of disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about July 22, 2016, which, upon a finding of permanent neglect, terminated respondent mother’s parental rights to the subject children, and transferred custody of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and convincing evidence that despite the agency’s diligent efforts to encourage and strengthen the parental relationship, the mother failed to plan for the children’s future *(see*Social Services Law § 384-b [7] [a]). The agency made diligent efforts by, among other things, referring the mother for various parenting programs and mental health services, as well as by scheduling and facilitating visitation with the children *(see id.*§ 384-b [7] [f]; *see also Matter of Marissa Tiffany C-W. [Faith W.],*125 AD3d 512, 512 [1st Dept 2015]). Since the mother was already receiving drug treatment and drug testing as well as other services through the Family Treatment Court, the agency did not need to replicate those services, but did repeatedly encourage her to comply with them *(see Matter of Star*A., 55 NY2d 560, 565 [1982]; *see also Matter of Robert Calvin R.,*59 AD3d 265, 266 [1st Dept 2009]).

Despite the agency’s efforts, the mother never meaningfully engaged in the multiple services offered to her and never attained sobriety during the relevant time period *(see*Social Services Law § 384-b [7] [c]). The record amply supports Family Court’s finding that the mother’s numerous relapses into drug abuse after the children entered foster care, her failure to complete the other components of her service plan, and her failure to visit the children regularly constituted a failure to *600plan *(see e.g. Matter of Lihanna A. [Marcella H.],*140 AD3d 404, 404 [1st Dept 2016], *lv denied*28 NY3d 904 [2016]; *Matter of Essence T.W. [Destinee R.W.],*139 AD3d 403 [1st Dept 2016]).

A preponderance of the evidence supports the determination that termination of the mother’s parental rights is in the best interest of the children *(Matter of Star Leslie W.,*63 NY2d 136, 147-148 [1984]). At the time of the dispositional hearing, the children had been in the same pre-adoptive, nonkinship foster homes for most of their lives, their needs were being met, and the foster parents wished to adopt them *(see Matter of Cameron W. [Lakeisha E.W.],*139 AD3d 494, 494-495 [1st Dept 2016]). Both sets of foster parents have also demonstrated a commitment to maintaining a relationship among the siblings. Given the foregoing, and the children’s “strained” relationship with the mother, which was limited to supervised visits at the agency, Family Court properly concluded that a suspended judgment is not in the children’s best interest *(see Matter of Julianna Victoria S. [Benny William W.],*89 AD3d 490, 491 [1st Dept 2011]).

Concur—Acosta, P.J., Renwick, Kapnick, Kahn, Kern, JJ.
2017-0181.

#### State v. Boware.

Summit App. No. 27975, 2016-Ohio-7024.

O’Connor, C.J., not participating.
Exhibit 10.1



Exhibit 10.1 


RESOLVED:  that the second  sentence of Section 9(b) of the Illinois  Tool Works Inc.  1996 Stock
Incentive Plan is hereby amended to read as follows: 



“Notwithstanding the foregoing,
the Restricted Shares granted January 2, 2003 and January 2, 2004, shall not become fully
vested upon termination of employment by reason of Retirement, Disability or death, unless
the Compensation Committee determines otherwise.”
No. 09-1470.

#### James L. Cheeseman, Petitioner v. United States.

562 U.S. 1060, 131 S. Ct. 636,

178 L. Ed. 2d 476,

2010 U.S. LEXIS 9371.

November 29, 2010.

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

Same case below, 600 F.3d 270.
# Former POW survived by following code of conduct

/ Published Sept. 16, 2016
PHILADELPHIA, 

Nothing meant more in captivity than seeing the American flag, a former prisoner of war said about his experience during a POW/MIA Remembrance Ceremony Sept.15at Naval Support Activity Philadelphia.

Ralph Galati, the event’s guest speaker and a retired Air Force officer, became a POW after his aircraft was shot down over North Vietnam in 1972. He was held captive for 14 months.

He said for the first 24 hours after being captured, his mind was racing with, “What to do now? What is my first priority? What will happen to me next?

“After about a day, when I stopped feeling sorry for myself, it was time to begin acting like a military officer again,” Galati said. “When I finally realized that my mission as an officer had changed, it was no longer Ralph Galati, combat officer. It was now tied to adapt and follow the code of conduct.”

Galati said the code of conduct is six articles designed to help service members survive honorably as a POW and still be able to resist their captors. He said they seemed simple enough when he was going through flight school.

“Being a POW was more of an endurance test, a case of boredom mixed with fear,” Galati said. “It is a test of resiliency, it is a test of your makeup and your behavior.

“I often marvel today, 40-something years after the end of the war, that the POW flag still flies,” Galati said. “It is really remarkable that the American public has not forgotten.”

The annual remembrance ceremony was hosted by the Philadelphia Compound Veterans Committee.The theme for this year’s National POW/MIA Recognition Day, recognized Sept. 16, is “Fulfilling our Nation's Promise.”

Employees at Defense Logistics Agency Troop Support and other NSA Philadelphia organizations attended the ceremony.

“Programs such as this not only allow us to show our appreciation and the gratitude for those who have sacrificed so much serving our country, but also allows us the opportunity to shed light on such an important internment,” said Navy Capt**.**David Rhone, Naval Supply Systems Command Weapon Systems Support deputy commander of aviation.
```
[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Notices]
[Page 595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-164]

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

DEPARTMENT OF TRANSPORTATION

Notice of Application for Certificates of Public Convenience and 
Necessity and Foreign Air Carrier Permits Filed Under Subpart Q During 
the Week Ending December 26, 1997

    The following Applications for Certificates of Public Convenience 
and Necessity and Foreign Air Carrier Permits were filed under Subpart 
Q of the Department of Transportation's Procedural Regulations (See 14 
CFR 302.1701 et. seq.). The due date for Answers, Conforming 
Applications, or Motions to Modify Scope are set forth below for each 
application. Following the Answer period DOT may process the 
application by expedited procedures. Such procedures may consist of the 
adoption of a show-cause order, a tentative order, or in appropriate 
cases a final order without further proceedings.
    Docket Number: OST-97-3275.
    Date Filed: December 22, 1997.
    Due Date for Answers, Conforming Applications, or Motion to Modify 
Scope: January 20, 1998.
    Description: Application of Harlequin Air Corporation, pursuant to 
49 U.S.C. 40102 and Subpart Q of the Regulations, for issuance of a 
Foreign Air Carrier permit to engage in charter foreign air 
transportation of persons, property and mail between points in Japan 
and points in the United States.

    Docket Number: OST-97-3274.
    Date Filed: December 22, 1997.
    Due Date for Answers, Conforming Applications, or Motion to Modify 
Scope: January 20, 1998.
    Description: Application of Britannia Airways, GmbH pursuant to 49 
U.S.C. 41301 and Subpart Q of the Regulations to engage in charter 
foreign air carrier transportation of persons and their accompanying 
baggage, and property between a point or points in the Federal Republic 
of Germany and a point or points in the United States.
Carol Kelley,
Documentary Services.
[FR Doc. 98-164 Filed 1-5-98; 8:45 am]
BILLING CODE 4910-62-P
```
2017-0092.

#### In re Pioch.

Sua sponte, Susan Marie Pioch, Attorney Registration No. 0012533, last known business address in Toledo, Ohio, found in contempt for failure to file an affidavit of compliance on or before February 22, 2017.
No. 10-6922.

#### Larry Arnold Young, Petitioner v. United States.

562 U.S. 1036, 131 S. Ct. 585,

2010 U.S. LEXIS 8769.

178 L. Ed. 2d 427,

November 8, 2010.

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

Same case below, 390 Fed. Appx. 267.
# C_2016027EN.01003201.xml

| 25.1.2016 | EN | Official Journal of the European Union | C 27/32 |
| --- | --- | --- | --- |

25.1.2016

EN

Official Journal of the European Union

C 27/32

---

Judgment of the General Court of 4 December 2015 — Emadi v Council

(Case T-274/13) (1)

1

((Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Iran - Freezing of funds - Restrictions on the entry into and transit through European Union territory - Legal base - Obligation to state reasons - Right to be heard - Error of assessment - Ne bis in idem - Freedom of expression - Freedom of the media - Freedom to choose an occupation - Free movement - Right to property))

(2016/C 027/36)

Language of the case: German

Parties

Parties

Applicant: Hamid Reza Emadi (Tehran, Iran) (represented initially by: T. Walter, then by J.M. Viñals Camallonga, L. Barriola Urruticoechea and J.L. Iriarte Ángel, lawyers)

Applicant:

Defendant: Council of the European Union (represented by: J.-P. Hix and Á. de Elera-San Miguel Hurtado, agents)

Defendant:

Intervener in support of the defendant: Stiftung Organisation Justice for Iran (Amsterdam, the Netherlands) (represented by: initially, G. Pulles, then R. Marx, lawyers)

Intervener in support of the defendant:

Re:

Re:

Application for the annulment in part, first, of Council Decision 2013/124/CSFP of 11 March 2013 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (OJ 2013 L 68, p. 57), second, of Council Implementing Regulation (EU) No 206/2013 of 11 March 2013 implementing Article 12(1) of Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (OJ 2013 L 68, p. 9), third, of Council Decision 2014/205/CFSP of 10 April 2014 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (OJ 2014 L 109, p. 25), fourth, Council Implementing Regulation (EU) No 371/2014 of 10 April 2014 implementing Article 12(1) of Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (OJ 2014 L 109, p. 9), in so far as those measures concern the applicant.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the application; |
| --- | --- |

1.

Dismisses the application;

| 2. | Orders Hamid Reza Emadi to pay his own costs and those incurred by the Council of the European Union; |
| --- | --- |

2.

Orders Hamid Reza Emadi to pay his own costs and those incurred by the Council of the European Union;

| 3. | Orders Stiftung Organisation Justice for Iran to bear its own costs. |
| --- | --- |

3.

Orders Stiftung Organisation Justice for Iran to bear its own costs.

---

(1)  OJ C 207, of 20.7.2013.

1

---
#### Gado Mohammed, Plaintiff, v Slawomir Kieszowski, Defendant. Rosalyn Green, Respondent, v Boro Transit, Inc., et al., Appellants, et al., Defendant.

[62 NYS3d 358]

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered June 13, 2016, which denied defendants Boro Transit, Inc., Gado Mohammed, and Logistic Associates, Inc.’s motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Plaintiff Rosalyn Green, a school bus matron employed by nonparty ANJ Service, Inc., alleges that she suffered injuries in an accident that occurred while she was working on a school bus registered to defendant Boro Transit and driven by defendant Mohammed, an employee of Boro Transit. Defendants failed to make a prima facie showing that plaintiff was a “special employee” of Boro Transit, so that her claims against Boro Transit and Mohammed would be barred by the exclusive remedy provisions of Workers’ Compensation Law §§ 11 and 29 (6) *(see Thompson v Grumman Aerospace Corp.,*78 NY2d 553*600[1991]; *Bostick v Penske Truck Leasing Co., L.P.,*140 AD3d 999 [2d Dept 2016]). They did not demonstrate that Boro Transit assumed exclusive control over plaintiffs work. Indeed, their witnesses testified that ANJ matrons were supervised by management employees of another company, not by any employee of Boro Transit. Defendants offered no evidence to support a finding that defendant Logistic Associates, allegedly liable as the owner of the school bus (Vehicle and Traffic Law § 388), was entitled to rely on the exclusivity bar of the Workers’ Compensation Law.

Concur — Tom, J.P., Manzanet-Daniels, Mazzarelli, Oing and Singh, JJ.
No. 10-7003.

#### John L. Dye, Jr., Petitioner v. Bryan Bartow, et al.

562 U.S. 1094, 131 S. Ct. 803,

2010 U.S. LEXIS 9446,

178 L. Ed. 2d 537,

December 6, 2010.

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

Same case below, 381 Fed. Appx. 604.
Exhibit
31.2





CERTIFICATION
OF CHIEF FINANCIALOFFICER


PURSUANT
TO THE SECURITIES EXCHANGE ACT OF 1934,


RULES
13a-14 AND 15d-14


AS
ADOPTED PURSUANT TO


SECTION
302 OF THE SARBANES-OXLEY ACT OF 2002








I, Hyung
Soon Lee, certify that:





1. I have
reviewed this Quarterly Report of Lexon Technologies, Inc. for the period ended
March 31, 2008;





2. Based
on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading
with respect to the period covered by this report;





3. Based
on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the small business issuer as
of, and for, the periods presented in this report;





4. The
small business issuer’s other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and
have:


(a)
designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the small business issuer, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being
prepared;


(b)
evaluated the effectiveness of the small business issuer’s disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and


(c)
disclosed in this report any change in the small business issuer’s internal
control over financial reporting that occurred during the small business
issuer’s most recent fiscal quarter (the small business issuer’s fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer’s internal
control over financial reporting; and





5. The
small business issuer’s other certifying officer(s) and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to
the small business issuer’s auditors and the audit committee of the small
business issuer’s board of directors (or persons performing the equivalent
functions):


(a) all
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the small business issuer’s ability to record, process,
summarize and report financial information; and


(b) any
fraud, whether or not material, that involves management or other employees who
have a significant role in the small business issuer’s internal control over
financial reporting.





Date: May
15, 2008


/S/Hyung
Soon Lee


Chief
Financial Officer
EXHIBIT 23
                      CONSENT OF INDEPENDENT AUDITORS

The Board of Directors
Duckwall-ALCO Stores, Inc.:

We consent to incorporation by reference in the registration statement on
Form S-8 of Duckwall-ALCO Stores, Inc. of our report dated March 19, 1999,
relating to the consolidated balance sheets of Duckwall-ALCO Stores, Inc.
as of January 31, 1999, and February 1, 1998, and the related consolidated
statements of operations, stockholders' equity and cash flows for each of
the years in the three-year period ended January 31, 1999, which report
appears in the January 31, 1999 annual report on Form 10-K of Duckwall-
ALCO Stores, Inc.



     /s/  KPMG LLP
          KPMG LLP

          Wichita, Kansas
          April 28, 1999


<PAGE 48>
</PAGE>
EXHIBIT 32.1
                                                                    ------------

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SS. 1350)

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350),
the undersigned, Corey M. Horowitz, Chief Executive Officer and Chairman of
Network-1 Security Solutions, Inc., a Delaware corporation (the "Company"), does
hereby certify to his knowledge, that:

The Quarterly Report of Form 10-QSB for the quarter ended June 30, 2005 of the
Company (the "Report") fully complies with the requirements of Section 13(a) or
15(d) of the Securities Act of 1934, and the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.



/S/ COREY M. HOROWITZ
------------------------------------
CHIEF EXECUTIVE OFFICER AND CHAIRMAN
AUGUST 2, 2005
[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Notices]
[Pages 35614-35615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17281]


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

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice 98-084]


Notice of Prospective Patent License

AGENCY: National Aeronautics and Space Administration.

ACTION: Notice of Prospective Patent License.

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

SUMMARY: NASA hereby gives notice that IDEA, LLC of Beltsville, MD has 
applied for an exclusive license to practice the invention described 
and claimed in NASA Case No. KSC-11809, entitled ``Detector for 
Particle Surface Contamination,'' which is assigned to

[[Page 35615]]

the United States of America as represented by the Administrator of the 
National Aeronautics and Space Administration. Written objections to 
the prospective grant of a license should be sent to Kennedy Space 
Center.

DATE: Responses to this notice must be received by August 31, 1998.

FOR FURTHER INFORMATION CONTACT: Beth Vrioni, Patent Counsel, Kennedy 
Space Center, Mail Code MM-E, John F. Kennedy Space Center, FL 32899.

    Dated: June 22, 1998.
Edward A. Frankle,
General Counsel
[FR Doc. 98-17281 Filed 6-29-98; 8:45 am]
BILLING CODE 7510-01-P
# DLA Disposition Services observes National Native American Heritage Month

/ Published Nov. 3, 2021
BATTLE CREEK, Mich. , 
November is National Native American Heritage Month and DLA Disposition Services Equal Employment Opportunity Office hosted a virtual program featuring keynote speaker Dr. Adam Haviland of Saginaw Chippawa Tribal College. Please join us by watching the virtual program which can be accessed below.

23:15VIDEO  | 23:15 |Native American Heritage Program
#### The People of the State of New York, Respondent, v Jason Marcelle, Appellant.

[53 NYS3d 564]

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 August 27, 2014 *(People v Marcelle,*120 AD3d 833 [2014]), affirming a judgment of the Supreme Court, Kings County, rendered April 17, 2009.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the *753effective assistance of appellate counsel *(see Jones v Barnes,*463 US 745 [1983]; *People v Stultz,*2 NY3d 277 [2004]).

Mastro, J.P., Dillon, Miller and Maltese, JJ., concur.
No. 12-8924.

#### Gainer *v.*United States.

C. A. 11th Cir. Certiorari denied.
# C_2014431EN.01004502.xml

| 1.12.2014 | EN | Official Journal of the European Union | C 431/45 |
| --- | --- | --- | --- |

1.12.2014

EN

Official Journal of the European Union

C 431/45

---

Order of the General Court of 2 October 2014 — Ratioparts-Ersatzteile v OHIM — Norwood Promotional Products Europe (NORTHWOOD professional forest equipment)

(Case T-622/13) (1)

1

(2014/C 431/71)

Language of the case: German

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

---

(1)  OJ C 39, 8.2.2014.

1

---
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MARY ELISA CANEZ,

Appellant,

v.

THE STATE OF TEXAS,

Appellee. §

§

§

§

§

§ No. 08

- 16

- 00202

- CR

Appeal from

264th District Court

of Bell County, Texas

(TC # 69640 )

J U D G M E N T

The Court has considered this cause on the record and concludes the appeal should be

dismissed for want of jurisdiction, in accordance with the opinion of this Court. We therefore

dismiss the appeal. We further order that this decision be certified below for observance.

IT IS SO ORDERED THIS 4 TH DAY OF JANUARY, 2017

.

ANN CRAWFORD McCLURE, Chief Jus tice

Before McClure, C.J., Rodriguez, and Hughes, JJ.

Hughes, J., not participating
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA F OURTH D ISTRICT

FRED GRAY ,

Appellant,

v.

STATE OF FLORIDA , Appellee

.

No. 4D 17

- 3527

[ April 17, 2019 ]

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; Bernard I. Bober

, Judge; L.T. Case No s

. 14

- 11224CF10A and 14

- 12215CF10A

.
Fred Gray, Quincy, pro se.

No appearance for appellee.

ON REMAND FROM THE SUPREME COURT OF FLORIDA

P ER C URIAM

.

Upo n remand from the Florida S upreme C ourt, we reverse appellant's sentence in accordance with State v. Lewars , 259 So. 3d 793 (Fla. 2018)

, and remand for resentencing.

W ARNER , C ONNER and K UNTZ , JJ., concur.

* * *

No motions for rehearing shall be filed

.