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

[49 NYS3d 917]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Foley, J.), rendered January 19, 2016, convicting him of grand larceny in the fourth degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with *Anders v California*(386 US 738 [1967]), in which she moves for leave to withdraw as counsel for the appellant.

Ordered that the judgment is affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant’s assigned counsel pursuant to *Anders v California*(386 US 738 [1967]), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is, therefore, granted *(see id.; Matter of Giovanni S. [Jasmin A.],*89 AD3d 252 [2011]; *People v Paige,*54 AD2d 631 [1976]; *cf. People v Gonzalez,*47 NY2d 606 [1979]).

Balkin, J.P., Miller, Duffy, LaSalle and Brathwaite Nelson, JJ., concur.
# C_2016211EN.01001402.xml

| 13.6.2016 | EN | Official Journal of the European Union | C 211/14 |
| --- | --- | --- | --- |

13.6.2016

EN

Official Journal of the European Union

C 211/14

---

Judgment of the Court (Third Chamber) of 14 April 2016 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Sparkasse Allgäu v Finanzamt Kempten

(Case C-522/14) (1)

((Reference for a preliminary ruling - Freedom of establishment - Article 49 TFEU - Legislation of a Member State requiring credit institutions to notify the tax authorities of deceased customers’ assets for purposes related to the collection of inheritance tax - Application of that legislation to branches established in another Member State in which banking secrecy prohibits, in principle, the disclosure of such information))

(2016/C 211/16)

Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings

Applicant: Sparkasse Allgäu

Defendant: Finanzamt Kempten

Operative part of the judgment

Article 49 TFEU must be interpreted as not precluding legislation of a Member State which requires credit institutions having their head office in that Member State to notify the national authorities of assets held or managed at their dependent branches established in another Member State in the event of the death of the owner of those assets who is resident in the first Member State, in the case where there is no similar notification obligation in that second Member State and credit institutions there are subject to banking secrecy breach of which constitutes a criminal offence.

---

(1)  OJ C 65, 23.2.2015.

---
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# C_2014303EN.01005801.xml

| 8.9.2014 | EN | Official Journal of the European Union | C 303/58 |
| --- | --- | --- | --- |

8.9.2014

EN

Official Journal of the European Union

C 303/58

---

Order of the General Court of 8 July 2014 — Gemeente Bergen op Zoom v Commission

(Case T-641/13) (1)

1

2014/C 303/69

Language of the case: Dutch

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

---

(1)  OJ C 31, 1.2.2014.

1

---
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           6,870
<SECURITIES>                                         0
<RECEIVABLES>                                   25,477
<ALLOWANCES>                                       655
<INVENTORY>                                     30,187
<CURRENT-ASSETS>                                64,809
<PP&E>                                          22,190
<DEPRECIATION>                                   7,262
<TOTAL-ASSETS>                                 197,405
<CURRENT-LIABILITIES>                           27,240
<BONDS>                                        151,250
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,795
<OTHER-SE>                                       9,347
<TOTAL-LIABILITY-AND-EQUITY>                   197,405
<SALES>                                         80,914
<TOTAL-REVENUES>                                80,914
<CGS>                                           49,242
<TOTAL-COSTS>                                   49,242
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   190
<INTEREST-EXPENSE>                               7,277
<INCOME-PRETAX>                                  6,053
<INCOME-TAX>                                     2,140
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,913
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
**EXHIBIT 23**

**CONSENT OFINDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We have issued our reports dated September 12,2006, accompanying the consolidated financial statements and schedule andmanagement’s assessment of the effectiveness of internal control over financial reporting included in the AnnualReport of Quixote Corporation on Form 10-K for the year ended June 30,2006. We hereby consent to the incorporation by reference in the RegistrationStatements on Form S-8 (Nos. 33-74488, 333-62933, 333-81955,333-32872, 333-56120, 333-83404, 333-120850 and 333-120852)and on Form S-3 (Nos. 333-113504, 333-106895 and 333-12345)of Quixote Corporation of our report dated September 12, 2006 relating tothe financial statements, financial statement schedule and management’sassessment of and effective operation of internal control over financialreporting  which appears in the Form 10-K.

/s/GRANT THORNTON LLP

Chicago, IllinoisSeptember 12, 2006

----
DON’T BE SHY ABOUT 

TELLING PEOPLE NOT TO

SMOKE AROUND YOUR KIDS.

Aden, Age 7

Jessica, His mother

New York

4 out of 10 U.S. kids are exposed to secondhand 

smoke. For Aden, it triggers his asthma attacks. 

Keep kids smoke-free. If someone you know 

wants free help, call 1-800-QUIT-NOW.
? ‘~ ::: 

* . . . . :...* 

. OFFICE OF THE AtrORNEY GENERAL OF TEXAS 

AUSTIN 
3 

224 

eimw in the awunt ap ’ riatadfromtbewmiralmnd 

for lt&sd pos.ltione. % ‘: 8 the tq#slaturs ham item= 

i&ad four proft?more of botany axxi ba~terlology at 

$4,4oUit.00, $4,000 .oa, $3raoo.o~ and n~oo.00, and five 

proieciwors of geology at $6,600.00, roo~ .oo , 

$3*6Oii.W ami $3#4W&d. 

$3 $3 ,a30 230, 

ItI was, vo tA.lnlc, oora.nly 

not tilebtiint or tJleLe&iulature thatfn #%plo@ag 3p 

nddttional profewar in the bokup dqsrtment, the fdanUty of the rr~icen ronflcrcd with thoaie rundamxl by me 

holcling an 1tewil2ed pJsitlon ln that departwnt tidght be 

ig;aoe8d,u* theealary p&l thbcadditioxlalj~oS@aoar OS 

botany be Sixexl at the highest wtttorfzed for a proiaeoor oigeolqgy en thsgoundthatboth pnsitiom~ versthow 

of professor, tbeugh onetmaheo aJlitt0reat aitbjaotf+rom 

the oth6r. aiaiuwitj ia 000 ch8rwtaristio 18 not 

emou#~ 8b-sllarity in csoh of the oesential parts la reMe salary authoria8d is that authocftod for the 

~i,pEL wklch the a&UtlollPj. po8ition Poet abarly refm6- 

blesi in Its eoefmtial c&araiMristfw. 

.Zn the Departwnt of’ spewh of the Univerdty 

of l'exas thoue is one lterrdcad position US %wi%ruso~, 

at $3aofl .oo pes year- An additIona Proft38sor of Speeob 

oan~epaldnotmcwethan $34wo.o0 peryearfrmofirmral 

uund itw or parts OS ffw trwef0rred. The wpplaImslt= 

ing or euch salary rrea other fund8 is grpr8rn4wl by the 

prottaione of'thoSL%tparaerrph of Se~tZco~ abmo 

qllotad. xn nc erer~t way an addltlonal n-oresieor or 

~~eobbspa;tdfi~aayih~~~sProrethon~?bc 

paid une bold&~ the iteatlmad yosltition of PreSaesk~ OS 

spweh.
No. 10-7468.

#### Sergei Korolev, Petitioner v. Kathleen Dickinson, Warden.

562 U.S. 1184, 131 S. Ct. 1008,

178 L. Ed. 2d 837,

2011 U.S. LEXIS 844.

January 18, 2011.

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

Same case below, 386 Fed. Appx. 594.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-2437

_____________________________

SHAWN DETRA SMITH,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County.

W. Joel Boles, Judge.

October 4, 2018

PER CURIAM.

AFFIRMED.

ROWE, OSTERHAUS, and KELSEY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Andy Thomas, Public Defender, and Joel Arnold, Assistant Public 

Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
No. 10-404.

#### Malcolm G. Schaefer, Petitioner v. John McHugh, Secretary of the Army.

562 U.S. 1135, 131 S. Ct. 906,

178 L. Ed. 2d 749,

2011 U.S. LEXIS 452.

January 10, 2011.

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

Same case below, 391 U.S. App. D.C. 145, 608 F.3d 851.
<PAGE>


                             [Dresser Letterhead]


                               October 31, 1996



Mr. John Gavin
10263 Century Woods Drive
Los Angeles, CA  90067-6312

Dear Ambassador Gavin:

The purpose of this letter is to extend the agreement we previously reached
under which you will continue to chair the Dresser Industries de Mexico
Advisory Board.

1.   The term of this extension is November 1, 1996 through January 31, 1997
     and may be renewed for successive yearly periods by mutual written
     consent.  However, this agreement may be terminated at the close of any
     month by written notice at least ten days prior to the end of the month.

2.   During the term of this agreement and any extension, you agree to perform
     such services for the benefit of Dresser Industries, Inc. as we shall
     mutually determine from time to time.  Pursuant to our prior discussions,
     these services would generally cover certain areas of the Mexican economy,
     its business environment, and your expertise regarding business
     opportunities in Mexico.

3.   Your fee will be US $10,000 per quarter paid quarterly in advance.

4.   Reimbursement of your travel, lodging and other costs incurred in
     connection with your services under this agreement shall be made upon
     presentation of your invoice or statement setting forth such costs.

5.   You understand and agree that you are not an agent or employee of Dresser
     by virtue of this agreement, and accordingly are not eligible for regular
     group or travel insurance or any other employee benefits.


<PAGE>

Page 2 of 2
Mr. John Gavin


6.   Finally, it is recognized that some of the work you will be called upon to
     perform hereunder, as well as information furnished you by us in
     connection therewith, is highly confidential.  The Company asks and you
     agree that any and all such information developed or secured during the
     performance of services under this agreement shall be considered by you to
     be confidential and the exclusive property of Dresser and shall not now or
     at any time hereafter be published, stated, or used by you for any purpose
     without Dresser's prior written consent.

If you agree to perform services as outlined above, please so indicate by
signing and returning to me the copy of this letter provided for that purpose.

                                       Sincerely,

                                       DRESSER INDUSTRIES, INC.



                                       By:  /s/ W. E. BRADFORD
                                          -------------------------------------
                                          William E. Bradford
                                          President and Chief Executive Officer

                                       Date:  10-31-96
                                            -----------------------------------

ACCEPTED:

/s/ JOHN GAVIN
------------------------------
John Gavin

Date:  11-5-96
     -------------------------
#### Arrowhead Capital Finance, Ltd., Appellant, v Cheyne Specialty Finance Fund L.P. et al., Respondents.

[62 NYS3d 339]

Judgment, New York County (Shirley Werner Kornreich, J.), entered August 12, 2016, dismissing the complaint with prejudice as against defendant Cheyne Specialty Finance Fund General Partner and without prejudice as against defendant Cheyne Specialty Finance Fund, unanimously affirmed, without costs. Appeals from orders, same court and Justice, entered on or about August 10, 2016, and on or about July 22, 2016, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The record supports the court’s determination that plaintiff’s counsel failed to maintain an in-state office at the time he commenced this action, in violation of Judiciary Law § 470 (see *e.g. Webb v Greater N.Y. Auto. Dealers Assn., Inc.,*93 AD3d 561 [1st Dept 2012]). Plaintiff’s subsequent retention of cocounsel with an in-state office did not cure the violation, since the commencement of the action in violation of Judiciary Law § 470 was a nullity *(Neal v Energy Transp. Group,*296 AD2d 339 [1st Dept 2002]). The court properly permitted defendants to make a second dispositive motion to dismiss since at the time of the first motion defendants had no reason to suspect that plaintiff’s counsel may have violated Judiciary Law § 470 *(see e.g. Lemberg v Blair Communications,*258 AD2d 291 [1st Dept *5241999]; *see also generally Barbarito v Zahavi,*107 AD3d 416, 420 [1st Dept 2013]; *Ultramar Energy v Chase Manhattan Bank,*191 AD2d 86 [1st Dept 1993]).

Defendants did not waive their right to argue that plaintiff’s counsel violated Judiciary Law § 470 *(see*CPLR 3211 [e]). Contrary to plaintiff’s contention, the court properly considered evidence submitted in defendants’ reply papers that was responsive to plaintiff’s claims in opposition to defendants’ motion. Contrary to defendants’ further contention, the court was not bound by the holding of a federal district court at the time of the commencement of this action that Judiciary Law § 470 was unconstitutional *(see generally Sue/Perior Concrete & Paving, Inc. v Lewiston Golf Course Corp.,*24 NY3d 538, 551 [2014]).

The court correctly dismissed the breach of trust claim as duplicative of the breach of fiduciary duty claim, and correctly dismissed the action with prejudice as against Cheyne Specialty Finance Fund General Partner (GP), since the complaint contains no factual allegations of wrongdoing against GP.

We have considered plaintiff’s remaining arguments and find them unavailing.

Concur — Tom, J.P., Richter, Andrias, Gesmer and Singh, JJ.
<PAGE>

                                EATON CORPORATION
                         2007 ANNUAL REPORT ON FORM 10-K
                                   ITEM 15(B)
                                   EXHIBIT 12
                       RATIO OF EARNINGS TO FIXED CHARGES

<TABLE>
<CAPTION>
                                                  Year ended December 31
                                         ---------------------------------------
(Millions of dollars)                     2007     2006     2005     2004   2003
---------------------                    ------   ------   ------   -----   ----
<S>                                      <C>      <C>      <C>      <C>     <C>
Income from continuing operations
before income taxes                      $1,041   $  969   $  964   $ 749   $463

Adjustments
Minority interests in consolidated
   subsidiaries                              14       10        5       7     12
(Income) losses of equity investees          (6)       1        1             (3)
Interest expensed                           193      139      109      88     93
Amortization of debt issue costs              1        1        1       1      2
Estimated portion of rent expense
   representing interest                     44       41       38      37     38
Amortization of capitalized interest         12       12       12      17     13
Distributed income of equity investees        1        1        4       3
                                         ------   ------   ------   -----   ----
Adjusted income from continuing
   operations before income taxes        $1,300   $1,174   $1,134   $ 902   $618
                                         ======   ======   ======   =====   ====
Fixed charges
Interest expensed                        $  193   $  139   $  109   $  88   $ 93
Interest capitalized                         14       14       13       7      7
Amortization of debt issue costs              1        1        1       1      2
Estimated portion of rent expense
   representing interest                     44       41       38      37     38
                                         ------   ------   ------   -----   ----
Total fixed charges                      $  252   $  195   $  161   $ 133   $140
                                         ======   ======   ======   =====   ====

Ratio of earnings to fixed charges         5.16     6.02     7.04    6.78   4.41
</TABLE>
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Annual Report on Form 10-K of Duckwall-Alco Stores, Inc. (the “Company”) for the period ended January 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certifies, 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) or 15(d) 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 results of operations of the   Company. |

 

 

A signed original of this written statement required by Section 906 has been provided to Duckwall-ALCO Stores, Inc. and will be retained by Duckwall-ALCO Stores, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

 
| Date: April 15, 2011 |   |
|---------------------------|--------|
|                      | By:    | /s/ Richard E. Wilson |
|                      |   | Richard E. Wilson |
|                      |   | President and Chief Executive Officer |

 

----
# C_2015016EN.01001501.xml

| 19.1.2015 | EN | Official Journal of the European Union | C 16/15 |
| --- | --- | --- | --- |

19.1.2015

EN

Official Journal of the European Union

C 16/15

---

Order of the Court (Eighth Chamber) of 6 November 2014 (request for a preliminary ruling from the Budapesti XX., XXI. és XXIII. kerületi bíróság — Hungary) — Herrenknecht AG v Hév-Sugár kft

(Case C-366/14) (1)

(Reference for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court - Manifest inadmissibility - Absence of sufficient information concerning the factual background and the reasons justifying the need for an answer to the question referred for a preliminary ruling)

(2015/C 016/22)

Language of the case: Hungarian

Referring court

Budapesti XX., XXI. és XXIII. kerületi bíróság

Parties to the main proceedings

Applicant: Herrenknecht AG

Defendant: Hév-Sugár kft

Operative part of the order

The request for a preliminary ruling brought by the Budapesti XX., XXI. és XXIII. kerületi bíróság (Hungary), by decision of 11 July 2014 (Case C-366/14), is manifestly inadmissible.

---

(1)  OJ C 351, 6.10.2014.

---
No. 10-7165.

#### Nancy Kovacic, Petitioner v. Cuyahoga County Department of Children and Family Services, et al.

562 U.S. 1095, 131 S. Ct. 804,

2010 U.S. LEXIS 9515.

178 L. Ed. 2d 538,

December 6, 2010.

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

Same case below, 606 F.3d 301.
No. 10-144.

#### James D. Schneller, Petitioner v. Able Home Care Inc., et al.

562 U.S. 1125, 131 S. Ct. 852,

178 L. Ed. 2d 582,

2010 U.S. LEXIS 9601.

December 13, 2010.

Petition for rehearing denied.

Former decision, 562 U.S. 895, 131 S. Ct. 322, 178 L. Ed. 2d 145, 2010 U.S. LEXIS 6668.