alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
J.

the appeal should be deemed timely filed pursuant to NRAP 4(d). We disagree. NRAP 4(d) requires an inmate confined to an institution to use the notice of appeal log, if available, to receive the benefit of the rule. Appellant concedes that he failed to use the notice of appeal log as required. 2 Accordingly, we conclude that we lack jurisdiction over this appeal, see Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994), and we ORDER this appeal DISMISSED.

Saitta 

# 2:f

Gibbons

PICKERING, J. ,dissenting;

Under this court's holding in Kellogg v. Journal Communications, 108 Nev. 474, 477, 835 P.2d 12, 13 (1992), if appellant delivered his notice of appeal to a prison official for mailing on or before August 4, 2014, the notice of appeal would be deemed timely filed. Likewise, NRAP 4(d) provides that a notice of appeal "is timely if it is delivered to a prison official for mailing on or before the last day for filing."

2 We decline to address appellant's contention that NRAP 4(d) is unconstitutional because it is not supported by cogent argument. See Maresca v. State, 103 Nev. 669, 673, 748 P.2d 3, 6 (1987).

SUPREME COURT

OF NEVADA 2
(0) 1947A J.NRAP 4(d) further provides that when the prison has a notice of appeal

log or another system designed for legal mail, the prisoner must use the logs to receive the benefit of this rule.

Here, it appears that appellant delivered his notice of appeal to a prison official for filing on July 26, 2014, within the 30-day appeal period provided by NRS 34.560(2). Although appellant did not use the notice of appeal log, as the majority holds NRAP 4(d) requires, I am not convinced that NRAP 4(d) should be applied to defeat this court's jurisdiction under the unique circumstances of this case, especially where our prior orders in this appeal stated that appellant's notice of appeal would be deemed timely filed pursuant to NRAP 4(d) if he could provide documentation establishing that he timely delivered the notice of appeal to a prison official for mailing. Given our prior orders and appellant's timely delivery of the notice of appeal to a prison official, NRAP 2 authorizes this court to suspend application of NRAP 4(d). I would do so and allow this appeal to proceed.

Pickering 

# 7

cc: Chief Judge, Eighth Judicial District Court Carmine J. Colucci & Associates Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk Rick Shawn

SUPREME COURT OF NEVADA 3 J.

(0) 1947A en
Exhibit 10.24

SECOND AMENDMENT TO  AGREEMENT OF SALE AND PURCHASE(9060 Via Linda Boulevard, Scottsdale, Arizona)

ThisSECOND AMENDMENT TO AGREEMENT OF SALE AND PURCHASE(this "Amendment") is dated as of
September     , 2002, by and betweenMACK-CALI REALTY 9060, L.L.C.,a limited liability company organized under the
laws of the State of Arizona ("Seller"), having an address at c/o Mack-Cali Realty Corporation, 11 Commerce Drive, Cranford, New Jersey
07016 andSUMMIT COMMERCIAL PROPERTIES, INC., a corporation organized under the laws of the State of California
("Purchaser"), having an address at c/o Summit Commercial, 1970 East Grand Avenue, Suite 300, El Segundo, California 90245.

W I T N E S S E T H:

WHEREAS, Seller and Purchaser have entered into a certain Agreement of Sale and Purchase dated as of July 2, 2002, as amended by
that certain First Amendment to Agreement of Sale and Purchase dated as of August 15, 2002 (collectively, the "Agreement") pursuant to which
Agreement Seller agreed to sell and Purchaser agreed to purchase certain Property located at 9060 Via Linda Boulevard, Scottsdale, Arizona; and

WHEREAS, Seller and Purchaser have agreed to amend the Agreement as hereinafter set forth.

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and other good and valuable consideration,
the receipt and sufficiency whereof is hereby acknowledged, intending to be legally bound hereby, the parties hereby agree as follows:

1.    The
"Evaluation Period" as defined in Section 5.1 of the Agreement is hereby extended to 5:00 p.m. Eastern time on September 13, 2002.

2.    All
other terms, conditions and provisions of the Agreement shall continue in full force and effect and unmodified, except to the extent expressly modified hereby.

3.    Capitalized
terms used and not otherwise defined herein shall have the meanings respectively assigned to them in the Agreement.

4.    This
Amendment shall be binding upon and inure to the benefit of the successors, legal representatives, heirs and assigns of the parties hereto.

5.    This
Amendment may be executed by facsimile signatures in any number of counterparts, each of which shall be deemed an original and all of which when considered together
shall be one and the same document.

6.    In
the event of any conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control.

[The remainder of this page is left intentionally blank.]

---

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written.

| |  | SELLER:                           
| |  | ----------------------------------
| |  | MACK-CALI REALTY 9060, L.L.C.     
| |  | By:                               
| |  | By:                               
| |  | By:                               
| |  | Name:                             
| |  | Title:                            
| |  | PURCHASER:                        
| |  | SUMMIT COMMERCIAL PROPERTIES, INC.
| |  | By:                               
| |  | Name:                             
| |  | Title:                            

---

QuickLinks
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

503.1 

TP 12-01704 

PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND MARTOCHE, JJ. 

 

IN THE MATTER OF JOSHUA LINER, PETITIONER, 

V ORDER

SUPERINTENDENT JAMES AND BRIAN FISCHER, 

COMMISSIONER, NEW YORK STATE DEPARTMENT OF 

CORRECTIONS AND COMMUNITY SUPERVISION, 

RESPONDENTS. 

 

JOSHUA LINER, PETITIONER PRO SE.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (PETER H. SCHIFF OF

COUNSEL), FOR RESPONDENTS. 

 

Proceeding pursuant to CPLR article 78 (transferred to the

Appellate Division of the Supreme Court in the Fourth Judicial

Department by order of the Supreme Court, Livingston County [Dennis S.

Cohen, A.J.], entered September 11, 2012) to review determinations of

respondents. The determinations found after a Tier II hearing and

Tier III hearing that petitioner had violated various inmate rules. 

It is hereby ORDERED that the determinations are unanimously

confirmed without costs and the petition is dismissed. 

Entered: April 26, 2013 Frances E. Cafarell

Clerk of the Court
No. 09-9431.

#### Richard Booth, Petitioner v. West Virginia.

559 U.S. 1055, 130 S. Ct. 2365,

2010 U.S. LEXIS 3094.

176 L. Ed. 2d 573,

April 5, 2010.

Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

Same case below, 224 W. Va. 307, 685 S.E.2d 701.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5064 Introduced in House (IH)]

109th CONGRESS
  2d Session
                                H. R. 5064

  To amend title XVIII of the Social Security Act to eliminate the MA 
     Regional Plan Stabilization Fund and to extend health status 
                              adjustment.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2006

 Mrs. Emerson introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To amend title XVIII of the Social Security Act to eliminate the MA 
     Regional Plan Stabilization Fund and to extend health status 
                              adjustment.

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

SECTION 1. ELIMINATION OF THE MA REGIONAL PLAN STABILIZATION FUND.

    (a) In General.--Subsection (e) of section 1858 of the Social 
Security Act (42 U.S.C. 1395w-27a) is repealed.
    (b) Conforming Amendment.--Section 1858(f)(1) of such Act (42 
U.S.C. 1395w-27a(f)(1)) is amended by striking ``subject to subsection 
(e),''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of section 221(c) of the 
Medicare Prescription Drug, Improvement, and Modernization Act of 2003 
(Public Law 108-173; 117 Stat. 2181).

SEC. 2. EXTENDING APPLICATION OF BUDGET NEUTRALITY FACTOR IN REFINEMENT 
              OF HEALTH STATUS ADJUSTMENT IN DETERMINING THE AMOUNT OF 
              PAYMENTS TO MEDICARE ADVANTAGE ORGANIZATIONS.

    Section 1853(a)(1)(C)(ii) of the Social Security Act (42 U.S.C. 
1395w-23(a)(1)(C)(ii)), as added by section 5301(b)(2) of the Deficit 
Reduction Act of 2005 (Public Law 109-171), is amended--
            (1) in the heading, by striking ``during phase-out'';
            (2) in the matter before subclause (I), by striking ``For 
        2006 through 2010'' and inserting ``For years beginning with 
        2006''; and
            (3) in subclause (II), by striking ``only for 2008, 2009, 
        and 2010'' and inserting ``beginning with 2008''.
                                 <all>
```
[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Page 10653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5106]


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

DEPARTMENT OF THE TREASURY

Office of Thrift Supervision

[AC-29: OTS No. 06571]


Canisteo Savings and Loan Association, Canisteo, NY; Approval of 
Conversion Application

    Notice is hereby given that on January 29, 2009, the Office of 
Thrift Supervision approved the application of Canisteo Savings and 
Loan Association, Canisteo, New York, to convert to the stock form of 
organization. Copies of the application are available for inspection by 
appointment (phone number: (202) 906-5922 or e-mail: 
<a href="/cdn-cgi/l/email-protection#87d7f2e5ebeee4a9cee9e1e8c7c8d3d4a9d3f5e2e6f4a9e0e8f1"><span class="__cf_email__" data-cfemail="28785d4a44414b0661464e4768677c7b067c5a4d495b064f475e">[email protected]</span></a>) at the Public Reading Room, 1700 U Street, 
NW., Washington, DC 20552, and the OTS Northeast Regional Office, 
Harborside Financial Center Plaza Five, Suite 1600, Jersey City, New 
Jersey 07311.

    Dated: March 4, 2009.

    By the Office of Thrift Supervision.
Sandra E. Evans,
Federal Register Liaison.
[FR Doc. E9-5106 Filed 3-10-09; 8:45 am]
BILLING CODE 6720-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
No. 09-8144.

#### Josue Figueroa, Petitioner v. David DiGuglielmo, Superintendent, State Correctional Institution at Graterford, et al.

559 U.S. 950, 130 S. Ct. 1534,

176 L. Ed. 2d 132,

2010 U.S. LEXIS 1246.

February 22, 2010.

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

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of withdrawal.

# SUMMARY:

On September 23, 2008, a Notice of Intent (NOI) to prepare an Environmental Impact Statement for the Wolf Creek Access Project was published in the 73 FR 54786. This NOI is hereby rescinded because the project has been cancelled.

Dated: February 12, 2009.

Dan S. Dallas,

Forest Supervisor/Center Manager.

 [FR Doc. E9-4771 Filed 3-5-09; 8:45 am]

BILLING CODE 3410-11-P
% Food exposure

% Once daily oral exposure, dose from cpfs SS F13_49 foodonly exp distribution.csv 70th percentile % Female adult, Body weight set to 72.9 kg % Cecilia Tan % August 26, 2015

prepare @clear @all % Setting model parameters start @NoCallback use human_parameters_MRP use preg_female_parameters

BWSW=1; % Set to 1 if BWT is provided BWST=72.9; % Initial BW in kg PREG=0; % Not pregnant TSTOP= 1008; % Exposure duration in hrs

%Single daily oral exposure DT = xlsRead("Food.xls", "70p", "A1:A43"); % Dosing Times DORAL=xlsRead("Food.xls", "70p", "B1:B43"); % Dose in ug/kg prepare time rbcce cv urinetcpy start@nocallback

mytable = [_time _rbcce _urinetcpy _cv*350.6]; %unit of conc = ug/L save mytable @file='food_70.txt' @format=ascii
No. 09-9366.

#### In re Hubert Warren, Petitioner.

559 U.S. 1105, 130 S. Ct. 2408,

176 L. Ed. 2d 942,

2010 U.S. LEXIS 3733.

May 3, 2010.

Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of mandamus dismissed. See Rule 39.8.
C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Edwin K. Hunter and H unter, Hunter & Sonnier, LLC v. Preston Marshall, Individually and Rusk Capital Management, L.L.C.

Appellate case number: 01

- 1 6

- 00 6 3 6

- CV

Trial court case number: 20 1 5

- 3 5 950

Trial court: 11 th District Court of Harris County

T he Clerk of this Court previously issued a “Notice of Removal to Federal Court”

after a ppellant s
, Edwin K. Hunter and Hunter, Hunter & Sonnier, LLC ( collectively “Hunter Parties”)

, notified this Court that defendant MarOpCo, Inc. had filed a n otice of

r emoval of the underlying trial court proceeding to federal district court . The Hunter

Parties have fi led a motion to extend the time to file their appellants’ brief, stating that the federal district court has remanded the case to the Harris County district court

. See Marshall v. MarOpCo, Inc. , No. 3 : 16

- CV

- 3236

- G, 201 7 WL 697787 (N.D. Tex. Feb. 22, 2017)

. According ly , we reinstate the case on the Court’s docket

.
In their motion to extend time , the Hunter Parties request an ex tension of thirty days to April 12, 2017, to file their appellants’ brief. We grant the motion in part

. The Hunter Parties’ appell ants’ brief is due to be filed no later than April 3 , 2017. See

T EX

. R. A PP

. P. 4.1, 38.6 (a), (d).

Appellees Preston Marshall and Rusk Capital Management, LLC (collectively “Rusk”) have filed a response to the motion to extend time in which they oppose the

request ed extension. Further, Rusk requests that, if we grant the Hunter Parties’ extension request, “the Court also lift the stay and allow this case to finally proceed on the merits.” On September 1, 2016, we stayed the pretrial proceedi ngs, including discovery

, as to the Hunter Parties and noted that the order did affect any stay of “the commencement of any trial on the merits” pursuant to section 51.014(b) and (c) of the

Texas Civil Practice and Remedies Code. We deny Rusk’s request to lift the stay issued on September 1, 2016.It is so ORDERED.

Judge’s signature: /s/ Terry Jennings

 Acting individually  Acting for the Court

Date: March 9, 2017
No. 09-8826.

#### Johnny Copeland, Petitioner v. Walter A. McNeil, Secretary, Florida Department of Corrections, et al.

559 U.S. 1040, 130 S. Ct. 2068,

176 L. Ed. 2d 420,

2010 U.S. LEXIS 2822.

March 29, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
<TABLE> <S> <C>

<ARTICLE>               UT
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      102,460
<OTHER-PROPERTY-AND-INVEST>                     11,387
<TOTAL-CURRENT-ASSETS>                          17,504
<TOTAL-DEFERRED-CHARGES>                         5,493
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                                 136,844
<COMMON>                                             0
<CAPITAL-SURPLUS-PAID-IN>                       21,087
<RETAINED-EARNINGS>                             19,854
<TOTAL-COMMON-STOCKHOLDERS-EQ>                  40,941
<PREFERRED-MANDATORY>                              445
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                            43,007
<SHORT-TERM-NOTES>                               9,500
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                      260
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                  42,691
<TOT-CAPITALIZATION-AND-LIAB>                  136,844
<GROSS-OPERATING-REVENUE>                       60,104
<INCOME-TAX-EXPENSE>                             1,620
<OTHER-OPERATING-EXPENSES>                      52,032
<TOTAL-OPERATING-EXPENSES>                      53,652
<OPERATING-INCOME-LOSS>                          6,452
<OTHER-INCOME-NET>                                 250
<INCOME-BEFORE-INTEREST-EXPEN>                   6,702
<TOTAL-INTEREST-EXPENSE>                         4,613
<NET-INCOME>                                     2,089
<PREFERRED-STOCK-DIVIDENDS>                         22
<EARNINGS-AVAILABLE-FOR-COMM>                    2,067
<COMMON-STOCK-DIVIDENDS>                         3,794
<TOTAL-INTEREST-ON-BONDS>                        3,868
<CASH-FLOW-OPERATIONS>                           6,592
<EPS-PRIMARY>                                      .70
<EPS-DILUTED>                                      .70
        

</TABLE>
[Federal Register Volume 74, Number 44 (Monday, March 9, 2009)]
[Notices]
[Page 10060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4864]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Substance Abuse and Mental Health Services Administration


Notice of Meeting

    Pursuant to Public Law 92-463, notice is hereby given that the 
Substance Abuse and Mental Health Services Administration (SAMHSA) 
National Advisory Council will meet on April 22, 2009 in the San Carlos 
Apache Reservation, San Carlos, Arizona.
    The meeting is open to the public. It will include a report from 
the SAMHSA Acting Administrator, Update on SAMHSA's Budget, and 
discussions focusing on Understanding the Role of Behavioral Health in 
Overall Health and Creating and Sustaining Recovery-Oriented Systems of 
Care for American Indian/Alaska Native Communities.
    Attendance by the public will be limited to space available. Public 
comments are welcome. The meeting can also be accessed via 
teleconference. To obtain the teleconference call-in numbers and access 
codes, to register, to submit written or brief oral comments, or to 
request special accommodations for persons with disabilities, please 
communicate with the SAMHSA National Advisory Council Designated 
Federal Official, Ms. Toian Vaughn (see contact information below).
    Substantive program information, a summary of the meeting, and a 
roster of Council members may be obtained as soon as possible after the 
meeting, either by accessing the SAMHSA Committee Web site, https://nac.samhsa.gov/NACcouncil/index.aspx or by contacting Ms. Vaughn. The 
transcript for the meeting will also be available on the SAMHSA 
Committee Web site within three weeks after the meeting.

    Committee Name: SAMHSA National Advisory Council.
    Date/Time/Type: Wednesday, April 22, 2009, from 8:30 a.m. to 
5:30 p.m.: Open.
    Place: San Carlos Apache Tribal Reservation, Apache Gold Casino 
Resort Convention Center, Highway 70, San Carlos, Arizona 85550.
    Contact: Toian Vaughn, M.S.W., Designated Federal Official, 
SAMHSA National Advisory Council and SAMHSA Committee Management 
Officer, 1 Choke Cherry Road, Room 8-1089, Rockville, Maryland 
20857.
    Telephone: (240) 276-2307; FAX: (240) 276-2220 and E-mail: 
<a href="/cdn-cgi/l/email-protection#02766d6b636c2c746377656a6c4271636f6a71632c6a6a712c656d74"><span class="__cf_email__" data-cfemail="71051e18101f5f07100416191f3102101c1902105f1919025f161e07">[email protected]</span></a>.

Toian Vaughn,
Committee Management Officer, Substance Abuse and Mental Health 
Services Administration.
[FR Doc. E9-4864 Filed 3-6-09; 8:45 am]
BILLING CODE 4162-20-P


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ex1023rcrc201010k.htm



Exhibit 10.23






RC2 Corporation


1111 W. 22nd Street


Suite 320


Oak Brook, IL  60523


Phone (630) 573-7200


Fax (630) 573-7575














December 28, 2010


 








	
Gregory J. Kilrea


1207 Ashbrook Court


Darien, IL 60561

	  






	
Dear Greg:

	
Re:

	
Amendment to Employment Agreement







 


The purpose of this letter is to make a technical amendment to the Employment Agreement between you and RC2 dated April 1, 2008 (your "Employment Agreement").  The following is hereby added to the end of section 6(d) of your Employment Agreement:


 


Notwithstanding anything herein to the contrary, any Change of Control Severance Payment in excess of the Severance Exception Limit shall be paid on the same schedule as Salary Continuation Severance Payments (in proportionate installments for amounts calculated with reference to Base Salary) and the Bonus Severance Payment (in proportionate installments for amounts calculated with reference to the Bonus Plan) unless the applicable Termination Date occurs within the two-year period following a "change in control event" (within the meaning of Treasury Regulation section 1.409A-3(i)(5)).


 


Undefined terms in this letter have the meaning provided in your Employment Agreement.  Please confirm your acceptance of this letter and the amendment to your Employment Agreement by signing and returning a copy of this letter to me.


 


Yours very truly,







RC2 CORPORATION







BY /s/  Linda A. Huett                                       


Linda A. Huett


Compensation Committee Chairperson


Accepted and agreed to this


30th day of December, 2010







/s/  Gregory J. Kilrea                                            


Gregory J. Kilrea