alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Notices]
[Page 12458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6359]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Area 4 Taxpayer Advocacy Panel (Including the 
States of Illinois, Indiana, Kentucky, Michigan, Ohio, Tennessee, and 
Wisconsin)

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Area 4 Taxpayer Advocacy Panel will be 
conducted. The Taxpayer Advocacy Panel is soliciting public comments, 
ideas, and suggestions on improving customer service at the Internal 
Revenue Service.

DATES: The meeting will be held Tuesday, May 19, 2009.

FOR FURTHER INFORMATION CONTACT: Ellen Smiley at 1-888-912-1227 or 414-
231-2360.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that a meeting of the Area 4 Taxpayer Advocacy Panel will be held 
Tuesday, May 19, 2009, at 1 p.m. Central Time via telephone conference. 
The public is invited to make oral comments or submit written 
statements for consideration. Due to limited conference lines, 
notification of intent to participate must be made with Ellen Smiley. 
For more information please contact Ms. Smiley at 1-888-912-1227 or 
414-231-2360, or write TAP Office Stop 1006MIL, 211 West Wisconsin 
Avenue, Milwaukee, WI 53203-2221, or post comments to the Web site: 
http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: March 17, 2009.
Shawn F. Collins,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. E9-6359 Filed 3-23-09; 8:45 am]
BILLING CODE 4830-01-P
Kendrick Dwayne WALKER, Appellant v. The STATE of Texas, Appellee

NO. 14-18-00601-CR

Court of Appeals of Texas, Houston (14th Dist.).

Order filed March 5, 2019

**ORDER**

PER CURIAM

On January 14, 2019, appellant filed a motion to abate this appeal to permit a *280hearing on appellant's motion for new trial alleging ineffective assistance of counsel. The motion for new trial was supported by affidavits and was overruled by operation of law.

As authority for abatement appellant cites *Washington v. State* , 394 S.W.3d 39, 44-45 (Tex. App.-Houston [1st Dist.] 2012, published order) and *Thomas v. State* , 286 S.W.3d 109, 117 (Tex. App.-Houston [14th Dist.] 2009, published order). In *Washington* , the First Court of Appeals, citing *Thomas* , abated the appeal and remanded for a hearing on appellant's motion for new trial alleging ineffective assistance. 394 S.W.3d at 44. The First Court did so after full briefing from appellant in which appellant argued both the error and prejudice prongs of *Strickland v. Washington* , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). *See id.* In *Thomas* , this court abated for a hearing on a motion for new trial, after full briefing by appellant and the State on the issue of ineffective assistance. 286 S.W.3d at 115-16. Appellant cites no authority supporting the proposition that an appellate court should abate an appeal for a hearing on a motion for new trial before the parties file their appellate briefs.

We deny appellant's motion to abate for a hearing on his motion for new trial without prejudice to appellant's ability to re-urge the motion after briefing is complete.

( J. Spain, dissenting).

**DISSENT TO DENIAL OF MOTION TO ABATE THE APPEAL AND REMAND THE CASE FOR A HEARING ON APPELLANT'S MOTION FOR NEW TRIAL**

Charles A. Spain, Justice

Because appellant's motion for new trial raises issues which are not determinable from the record, I would grant appellant's motion to abate the appeal and remand the case to the trial court for a hearing on appellant's motion for new trial so that appellant has meaningful appellate review. *See**Smith v. State* , 286 S.W.3d 333, 338 (Tex. Crim. App. 2009) ; *Hemphill v. State* , No. 14-13-00395-CR, 2015 WL 1456338, at *5-*10 (Tex. App.-Houston [14th Dist.] Mar. 26, 2015, no pet.) (mem. op., not designated for publication).

Accordingly, I dissent from the denial of appellant's motion to abate the appeal and remand the case to the trial court for a hearing on appellant's motion for new trial.
EXHIBIT 32.1

CERTIFICATION PURSUANT TO 18 U.S. C. SECTION 1350

The undersigned hereby certifies that the Form 10-Q Quarterly Report of Circus and Eldorado Joint Venture and Silver Legacy Capital Corp.
(collectively, the Company) for the quarterly period ended March 31, 2010 filed with the Securities and Exchange Commission (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.



|                    |  |  |  |     |  |                                                                                                             
|------------------- |  |  |  | --- |  | ------------------------------------------------------------------------------------------------------------
|                    |  |  | 
|Dated: May 14, 2010 |  |  |  | By: |  | /s/ Gary L. Carano                                                                                          
|                    |  |  |  |     |  | Gary L. Carano, Chief Executive Officer of Circus and Eldorado Joint Venture and Silver Legacy Capital Corp.
#### The People of the State of New York, Respondent, v Jermaine Dawson, Appellant.

[718 NYS2d 866]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered August 6, 1998, convicting him of murder in the second degree and robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the trial court improperly precluded him from testifying about events which occurred two years prior to the commission of the crime is not preserved for appellate review *(see, People v Kinchen,*60 NY2d 772; *People v Rojas,*257 AD2d 429, 430). In any event, the trial court’s ruling was proper. The proposed testimony was “too slight, remote or conjectural to have any legitimate influence in determining the fact in issue” *(People v Martinez, 177*AD2d 600, 601).

The defendant’s sentence was neither illegal nor excessive *(see, People v Neish,*232 AD2d 744, 746-747; *People v Suitte,*90 AD2d 80).

The defendant’s remaining contentions, including those raised in his supplemental *pro se*brief, are unpreserved for appellate review and, in any event, without merit. Krausman, J. P., Friedmann, H. Miller and Feuerstein, JJ., concur.
Exhibit 31.2

Certification of Chief Financial Officer pursuant to Exchange Act Rules 13a-14(a) and 15d.14(a)

I, Lewis M. Brubaker, Jr., certify that:

1. I
have reviewed this Annual report on Form 10-K of RoomStore, Inc.;

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 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 defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant 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 registrant, 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 registrant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 occurred during 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 control over financial reporting; and

5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting,
to the registrants auditors and the audit committee of the registrants board of directors (or persons performing 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 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.



|                    |  |     |  |                           
|------------------- |  | --- |  | --------------------------
|Dated: May 28, 2010 |  | By: |  | /s/ Lewis M. Brubaker, Jr.
|                    |  |     |  | Lewis M. Brubaker, Jr.    
|                    |  |     |  | Chief Financial Officer
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EDAS Meteorological DataSource★at 38.86 N 77.06 WMeters AGL 

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### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk December 28, 2011

y1219 

# Order

December 28, 2011

143743

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 143743 COA: 295982 St. Clair CC: 09-001993-FC COLLEEN MARIE STURDEVANT, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the July 28, 2011 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented s hould be reviewed by this Court.
EXHIBIT 99      Certification Pursuant to Title 18, United States
                Code, Section 1350, as Adopted Pursuant to Section 906
                Of The Sarbanes-Oxley Act Of 2002


In  connection with the Quarterly Report of Estelle  Reyna,  Inc.
("Estelle Reyna") on Form 10-QSB for the three-month period ended
March  31,  2003,  as  filed  with the  Securities  and  Exchange
Commission  on  the date hereof (the "Report"),  I,  Michelle  R.
Quinlan, President and Chief Executive Officer of Estelle  Reyna,
and I, Michael G. Quinlan, Principal Financial Officer of Estelle
Reyna, certify, pursuant to Title 18, United States Code, 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 results  of
      operations of Estelle Reyna

Date: June 12, 2003

/s/ Michelle R. Quinlan
-----------------------
Michelle R. Quinlan
President and Chief Executive Officer

Date: June 12, 2003

/s/ Michael G. Quinlan
----------------------
Michael G. Quinlan
Principal Financial Officer
EXHIBIT 32.2








HIGHLIGHT NETWORKS, INC.


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 of Highlight Networks, Inc.  (the Company) on Form 10-K  for the period  ended June 30 , 2010 as filed with the Securities and Exchange  Commission on the date hereof (the Report), I, Damion Glushko, Chief  Financial Officer of the Company, certify,  pursuant to 18 U.S.C.  ss.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 results of operations of the Company.





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











Dated: September 23, 2010








by: /s/ Damion Glushko


Damion Glushko


Secretary; Director; CFO


(Principal Financial Officer)
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D19-0506

_____________________________

ARNOLD H. THOMAS,

Appellant,

v.

SCOTT E. GRUBER,

Appellee.

_____________________________

On appeal from the Circuit Court for Nassau County.

James Daniel, Judge.

July 30, 2019

PER CURIAM.

AFFIRMED. Noe v. Noe, 217 So. 3d 196 (Fla. 1st DCA 2017).

LEWIS, MAKAR, and BILBREY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

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

9.331.

_____________________________
2

Arnold H. Thomas, pro se, Appellant.

Scott E. Gruber, pro se, Appellee.
Jasmine BOLDEN, Appellant, v. STATE of Missouri, Respondent.

No. ED 106734

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

Filed: April 16, 2019

Maleaner R. Harvey, 1010 Market St. Ste. 1100, St. Louis, MO 63101, For Movant/Appellant.

Shaun J. Mackelprang, P.O. Box 899, Jefferson City, MO 65102, For Defendant/Respondent.

Before Kurt S. Odenwald, P.J., Gary M. Gaertner, Jr., J., and Colleen Dolan, J.

***ORDER***

PER CURIAM.

Jasmine Bolden ("Movant") appeals the motion court's denial of her Rule 24.035 post-conviction relief motion without an evidentiary hearing. Movant offers one point on appeal. Finding that Movant has failed to demonstrate that the motion court clearly erred in denying her Rule 24.035 motion without an evidentiary hearing, we affirm the judgment of the motion court.

*700No jurisprudential purpose would be served by a written opinion. However, we have provided the parties a memorandum setting forth the reasons for our decision. The judgment of the motion court is affirmed under Rule 84.16(b).
Exhibit 99.3

            CERTIFICATION OF CHIEF FINANCIAL OFFICER

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)

  The undersigned executive officer of Minden Bancorp, Inc. (the
"Registrant") hereby certifies that the Registrant's Form 10-QSB for the three
months ended June 30, 2002 fully complies with the requirements of Section
13(a) of the Securities Exchange Act of 1934 and that the information
contained therein fairly presents, in all material respects, the financial
condition and results of operations of the Registrant.

                                /s/ Becky T. Harrell
                                _________________________________
                                Name: Becky T. Harrell
                                Title: Chief Financial Officer and Treasurer

Date: August 13, 2002
<partyblock><br><br><div align="center"><b><font size="+1">Restoration Chiropractic, P.C., as Assignee of Fabio Gutierrez, Appellant, <br><br>against<br><br>New York Central Mutual Fire Insurance Company, Respondent.</font></b></div><br><br><p>Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered February 7, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.</p><p>ORDERED that the order is affirmed, with $25 costs.</p><p>In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint. The motion was based upon the defense that plaintiff's claims were timely denied on the ground that plaintiff's assignor had failed to appear for duly scheduled independent medical examinations (IMEs).</p><p>Contrary to plaintiff's argument, the proof submitted by defendant in support of its motion was sufficient to give rise to a presumption that the IME scheduling letters and denial of claim forms had been properly mailed (<i>see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co.</i>, 50 AD3d 1123 [2008]). Contrary to plaintiff's further argument, defendant established that plaintiff's assignor had failed to appear for the duly scheduled IMEs (<i>see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co.</i>, 35 AD3d 720 [2006]). Plaintiff's remaining contention is without merit.</p><p>Accordingly, the order is affirmed. </p><p>Pesce, P.J., Aliotta and Solomon, JJ., concur.</p><br>Decision Date: September 15, 2016<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
[No. 30426-1-II.

Division Two.

May 18, 2004.]

#### The State of Washington, *Respondent,*v. John Dion Herring, *Appellant.*

Appeal from a judgment of the Superior Court for Pierce County, No. 02-1-05036-2, Kitty-Ann van Doorninck, J., entered May 22, 2003. *Affirmed*by unpublished opinion per Quinn-Brintnall, C.J., concurred in by Morgan and Houghton, JJ.
[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Notices]
[Page 12141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6207]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Heart, Lung, and Blood Institute 
Special Emphasis Panel, Conference Grants (R13's).
    Date: March 31-April 1, 2009.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6701 Rockledge Drive, 
Bethesda, MD 20892 (Virtual Meeting).
    Contact Person: David A Wilson, PhD, Scientific Review 
Administrator, Review Branch/DERA, National Heart, Lung, and Blood 
Institute, 6701 Rockledge Drive, Room 7204, Bethesda, MD 20892-7924, 
301-435-0299, <a href="/cdn-cgi/l/email-protection#cfb8a6a3bca0a1abaefd8fa1a7a3ada6e1a1a6a7e1a8a0b9"><span class="__cf_email__" data-cfemail="fd8a94918e9293999ccfbd9395919f94d3939495d39a928b">[email protected]</span></a>.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)

    Dated: March 16, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
 [FR Doc. E9-6207 Filed 3-20-09; 8:45 am]
BILLING CODE 4140-01-P


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Document Headings

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                -                       the agency or agencies that issued and signed a document                    
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                -                       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 Health and Human Services

###### Centers for Disease Control and Prevention

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces the aforementioned meeting. 

*Time and Date:*                         1 p.m.-3 p.m., May 19, 2009 (Closed).                    

*Place:*                         Teleconference.                    

*Status:*                         The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c) (4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.                    

*Matters to be Discussed:*                         The meeting will include the review, discussion, and evaluation of “Establishing a Surveillance System for Chronic Kidney Disease, PEP 2009-R-03.”                    

*Contact Person for More Information:*                         Linda Shelton, Public Health Analyst, Coordinating Center for Health and Information Service, Office of the Director, CDC, 1600 Clifton Road, NE., Mailstop E21, Atlanta, GA 30333, Telephone (404) 498-1194.                    

                        The Director, Management Analysis and Services Office, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry.                    

Dated: March 16, 2009.

Elaine L. Baker,

Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.

[FR Doc. E9-6714 Filed 3-24-09; 8:45 am]

BILLING CODE 4163-18-P