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

[719 NYS2d 879]

Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered May 4, 1998, convicting him of robbery in the first degree and burglary in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed .

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted (see, *Anders v California,*386 US 738; *People v Paige,*54 AD2d 631).

The defendant has raised no nonfrivolous issues in his supplemental *pro*se brief. The defendant’s contentions that the defense counsel failed to effectuate his request to testify before the Grand Jury and made statements that coerced his plea involve factual matters which are dehors the record. Such claims are not properly before this Court on direct appeal *(see, People v Grazzette,*211 AD2d 822; *People v Dyson,*200 AD2d 756). Ritter, J. P., Altman, H. Miller and Schmidt, JJ., concur.
Exhibit 10.46


 


Form of Amendment to
Employment Agreements


 


THIS
AMENDMENT is made effective as of February 22, 2010, to the Employment
Agreement between                       
(“Executive”) and United Therapeutics Corporation (the “Company”), dated                             ,
as amended from time-to-time (the “Agreement”).


 


WHEREAS,
the Agreement provides for accelerated vesting of Executive’s stock options to
purchase shares of the Company’s Common Stock in the event of Executive’s
termination in certain circumstances;


 


WHEREAS,
the parties intend that the Agreement also provide for accelerated vesting of
share tracking awards in the event of Executive’s termination in certain
circumstances;


 


NOW,
THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereby amend the Agreement, as
follows:


 


1.             The final sentence of Section 8(d) of the
Agreement presently provides as follows:


 


“Additionally, in the event of termination contemplated in this Section 8(d),
all unvested options granted to Executive prior to Executive’s Date of
Termination shall immediately vest in Executive upon Executive’s Date of
Termination, and the exercise period for each such previously-granted option
shall be the full remaining duration of the term of each such option.”


 


The foregoing final sentence of Section 8(d)
shall be replaced in its entirety with the following sentence, effective as of
the date first set forth above:


 

















 


“Additionally, in the event of termination contemplated in this Section 8(d),
(i) all unvested options to purchase shares of the Company’s Common Stock;
(ii) all unvested share tracking awards; and (iii) all other awards
subject to vesting, in each case granted to Executive prior to Executive’s Date
of Termination, shall immediately vest in Executive upon Executive’s Date of
Termination, and the exercise period for each such previously-granted option,
share tracking award or other award shall be the full remaining duration of the
term of each such option, share tracking award or other award.”


 


2.             No other
provisions of the Agreement shall be affected by this Amendment, and all other
provisions of the Agreement shall remain in full force and effect.


 


In
witness whereof, the parties have executed this Amendment effective as of the
date first set forth above.


 


	
   

  	
  UNITED
  THERAPEUTICS CORPORATION

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  Name:

  
	
   

  	
  Title:

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  EXECUTIVE:

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  Printed Name:

  



 


2
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. Section 1350, the undersigned officer of Medco Health Solutions, Inc. (the Company), hereby certifies, to the knowledge of the undersigned, that the Companys Quarterly
Report on Form 10-Q for the quarter ended June 30, 2007 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly
presents, in all material respects, the financial condition and results of operations of the Company.



|                    |  |  |  |        |  |                                     
|------------------- |  |  |  | ------ |  | ------------------------------------
|Date: July 27, 2007 |  |  |  | By:    |  | /s/ David B. Snow, Jr.              
|                    |  |  |  | Name:  |  | David B. Snow, Jr.                  
|                    |  |  |  | Title: |  | Chairman and Chief Executive Officer

This certification accompanies this Quarterly Report on Form 10-Q pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"). Such certification will not
be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
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 Quarterly report of YellowStone Corporate Services,Inc.
(the "Company") on Form 10-QSB for the period ending September 30,2002,as filed
with  the  Securities  and  Exchange  Commission  on  the  date  hereof  (the
"Report"), We, King Kwok Yu, acting in the capacity as the Chief Executive
Officer, and Ka Yiu Ip, Chief Financial Officer of the Company, certify  to
the  best  of our 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) or
       15(d) of the Securities Exchange Act of 1934; and

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


/s/ King Kwok Yu
---------------------------
     King Kwok Yu
     Chief Executive Officer
     November 15, 2002


/s/ Ka Yiu Ip
---------------------------
     Ka Yiu Ip
     Chief Financial Officer and Principal Accounting Officer
     November 15, 2002
<PAGE>

EXHIBIT 23.2

                         INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in the Registration Statements of
Bay View Capital Corporation listed below of our report dated January 26, 1998,
appearing in this Annual Report on Form 10-K/A of Bay View Capital Corporation
for the year ended December 31, 1998:

Registration Statement No. 33-30602 on Form S-8
Registration Statement No. 33-30603 on Form S-8
Registration Statement No. 33-36161 on Form S-8
Registration Statement No. 33-41924 on Form S-8
Registration Statement No. 33-95724 on Form S-8
Registration Statement No. 33-95726 on Form S-8
Registration Statement No. 333-37027 on Form S-8
Registration Statement No. 333-37029 on Form S-8
Registration Statement No. 333-37031 on Form S-8
Registration Statement No. 333-76553 on Form S-8
Registration Statement No. 333-76555 on Form S-8
Registration Statement No. 333-76557 on Form S-8
Amendment No. 1 to Registration Statement No. 333-29757 on Form S-3
Amendment No. 1 to Registration Statement No. 333-64877 on Form S-3


/s/ Deloitte & Touche LLP

San Francisco, California
July 13, 1999
EXHIBIT 32.2

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 this quarterly report of Texas United Bancshares, Inc. (the Company) on Form 10-Q for
the period ending June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jeffrey A. Wilkinson, Executive Vice President and Chief Financial Officer of the Company, certify, 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; and
|-- | ---------------------------------------------------------------------------------------------------------------------



|2. | The information contained in the report fairly presents, in all material respects, the financial condition and operating results of the Company.
|-- | ------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                        
|----------------------------------------------------------------------------------------
|                                                                                        
|/s/ Jeffrey A. Wilkinson                                                                
|Jeffrey A. Wilkinson Executive Vice President and Chief Financial Officer August 7, 2006
[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Notices]
[Page 11091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5629]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Meeting of the National Defense University Visitors (BOV)

AGENCY: Department of Defense; National Defense University.

ACTION: Notice of open meeting.

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

SUMMARY: The National Defense University (NDU), Designated Federal 
Officer, has scheduled a meeting of the Board of Visitors. The National 
Defense University Board of Visitors is a Federal Advisory Board. The 
Board meets twice a year in proceedings that are open to the public.

DATES: The meeting will be held on May 28-29, 2009 from 1130-1700 on 
the 28th and continuing on the 29th from 0800-1200.

ADDRESSES: The Board of Visitors meeting will be held at Building 62, 
Marshall Hall, Room 155, National Defense University, 300 5th Avenue, 
Fort McNair, Washington, DC 20319-5066.

FOR FURTHER INFORMATION CONTACT: The point of contact for this notice 
is Jeanette Tolbert @ (202) 685-3955, Fax (202) 685-3328 or 
<a href="/cdn-cgi/l/email-protection#bde9d2d1dfd8cfc9f7fdd3d9c893d8d9c8"><span class="__cf_email__" data-cfemail="a8fcc7c4cacddadce2e8c6ccdd86cdccdd">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Board will discuss: State of the 
University, National Security Professional Development, Accreditation, 
and Federal Policy. The meeting is open to the public; limited space is 
made available for observers and will be allocated on a first-come, 
first-serve basis.

    Dated: March 9, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-5629 Filed 3-13-09; 8:45 am]
BILLING CODE 5001-06-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Exhibit 13.1  Certification by the Chief Executive Officer Pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002  In
connection with the Annual Report of Funtalk China Holdings Limited (the Company)
on Form 20-F for the year ended March 31, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I,
Dongping Fei, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to my knowledge:  (1)   The
Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and  (2)   The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.  Date:
July 9, 2010   By:
  /s/
  Dongping FeiName:
  Dongping
  FeiTitle:
  Chief
  Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         175,288
<SECURITIES>                                         0
<RECEIVABLES>                                   77,505
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 783,736
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   783,736
<SALES>                                              0
<TOTAL-REVENUES>                                 8,912
<CGS>                                                0
<TOTAL-COSTS>                                  164,308
<OTHER-EXPENSES>                              (58,874)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (96,522)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (96,522)
<EPS-PRIMARY>                                   (3.59)
<EPS-DILUTED>                                   (3.59)
        

</TABLE>
**Exhibit 99.6**

 

Certification of CFO under Section 906 of theSarbanes-Oxley Act of 2002

 

*I certify that this periodic reportcontaining the issuer’s financial statements fully complies with therequirements of section 13(a) or 15 (d) of the Securities Exchange Act of 1934(15 U.S.C. 78m or 78o(d)) and that information contained in this periodicreport fairly presents, in all material respects, the financial condition andresults of operations of the issuer.*

 
|   | *By:  /s/ John F. Coger*                       |   |
|--------|-----------------------------------------------------|--------|
|   |                                                |
|   | *Executive Vice President, Chief Financial Officer* |
|   |                                                |
|   | *Date:  May 9, 2003*                           |

 

 

----
Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 of Silver Bay Resources Inc. (the
"Company") on Form 10-K for the period ending July 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Donald
Gardner, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to ss.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; and

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

IN WITNESS WHEREOF, the undersigned has executed this certification as of March
11, 2010.


/s/ Donald Gardner
---------------------------------
Chief Executive Officer
STATE of Missouri, Respondent, v. Forrest E. HARRIS, Appellant.

ED 106114

Missouri Court of Appeals, Eastern District, DIVISION FIVE.

Filed: October 2, 2018 Motions for Rehearing and/or Transfer to Supreme Court Denied November 5, 2018

Nancy A. McKerrow, 1400 Forum Blvd., Suite 7, Box 203, Columbia, MO 65203, for appellant.

Garrick Aplin, Assistant Attorney General, P.O. Box 899, Jefferson City, MO 65102-0899, for respondent.

Before Lisa P. Page, C.J., Colleen Dolan, J., and Ted House, Sp. J.

*ORDER*

PER CURIAM.

Forrest E. Harris ("Harris") appeals the trial court's judgment entered upon a jury verdict convicting him of one count of first-degree assault pursuant to Section 565.050 RSMo (2016),1 armed criminal action, Section 571.015, unlawful use of a weapon, Section 571.030, and unlawful possession of a firearm, Section 571.070. We affirm.

We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum for their information only, setting forth the facts and reasons for this order.

The judgment is affirmed pursuant to Rule 30.25(b).

1

All further statutory references are to RSMo (2016).
Randall EVANS, et al., Respondents, v. Russell CHILDERS, et al., Appellants.

WD 80786

Missouri Court of Appeals, Western District.

Order filed: April 10, 2018

Sean P. Pilliard, Sedalia, for Appellants

Steven A. Fritz, for Respondents

Before Division One: Thomas H. Newton, Presiding Judge, Victor C. Howard, Judge and Karen King Mitchell, Judge

***ORDER***

PER CURIAM:

Portico Properties, LLC, John Otten, and Russell Childers (collectively Defendants) appeal the summary judgment in favor of Randall Evans and Joyce Franklin (collectively Plaintiffs) on Plaintiff's petition on note and guaranty. Defendants contend that the trial court erred in entering summary judgment against them on the promissory note because genuine issues of material fact existed. Because a published opinion would have no precedential value, a memorandum has been provided to the parties. The judgment is affirmed. Rule 84.16(b).
**Exhibit 31.1**

CERTIFICATION OF CHIEF EXECUTIVE OFFICER 

PURSUANT TO 15 U.S.C. SECTION 7241, AS ADOPTED 

PURSUANT TO SECTION 302 OF THE 

SARBANES-OXLEYACT OF 2002 

I, J. Russell Porter, certify that: 

1. I have reviewed this Quarterly Report on Form 10-Q of Gastar Exploration, Ltd. (the “Registrant”); 

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, notmisleading with respect to the period covered by this report; 

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

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

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

(b) Evaluated the effectiveness of theRegistrant’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 Registrant’s internal control over financial reporting that occurredduring the Registrant’s most recent fiscal quarter (the Registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the Registrant’s internal controlover financial reporting; and 

5. The Registrant’s other certifying officer and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the Registrant’s auditors and the audit committee of the Registrant’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 arereasonably likely to adversely affect the Registrant’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 Registrant’s internal control over financial reporting. 

Date: November 14, 2006
# Unexpected Urgent Refugee and Migration Needs Related To the Continuing Conflict In Pakistan

# Memorandum for the Secretary of State

By the authority vested in me by the Constitution and the laws of the United States, including section 2(c)(1) of the Migration and Refugee Assistance Act of 1962 (the “Act”), as amended (22 U.S.C. 2601), I hereby determine, pursuant to section 2(c)(1) of the Act, that it is important to the national interest to furnish assistance under the Act in an amount not to exceed $8 million from the United States Emergency Refugee and Migration Assistance Fund for the purpose of meeting unexpected and urgent refugee and migration needs, including by contributions to international, governmental, and nongovernmental organizations and payment of administrative expenses of the Bureau of Population, Refugees, and Migration of the Department of State.

                    You are authorized and directed to publish this memorandum in the                     *Federal Register*.                

[FR Doc. E9-6018

Billing code 4710-10-P
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 September 23, 2015

a0918

Order 

Clerk

September 23, 2015

152126 & (17)

ANGEL BARTLETT,

Petitioner-Appellant,

v SC: 152126

COA: 327262

MAHS: 14-023423-DHS

KALAMAZOO COUNTY DEPARTMENT

OF HUMAN SERVICES,

Respondent-Appellee.

____________________________________/

On order of the Court, the application for leave to appeal the July 7, 2015 order of 

the Court of Appeals is considered. The motion for reconsideration is treated as a 

supplemental brief. The application for leave to appeal is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court.