alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Quantrell COLEMAN, Appellant, v. STATE of Missouri, Respondent.

No. ED 106912

Missouri Court of Appeals, Eastern District, DIVISION ONE.

FILED: August 6, 2019

FOR APPELLANT, Gwenda Renee Robinson, 1010 Market Street, Suite 1100, St. Louis, MO 63101.

For Respondent, ERIC S. SCHMITT, Richard A. Starnes, P.O. Box 899, Jefferson City, MO 65102.

Before Roy L. Richter, P.J., Robert M. Clayton III, J., and Angela T. Quigless, J.

*ORDER*

PER CURIAM

*330Quantrell Coleman ("Movant") appeals from the motion court's judgment, after an evidentiary hearing denying his Rule 29.15 motion for post-conviction relief. Movant was convicted, following a jury trial, of domestic assault in the second degree, in violation of Section 565.073 RSMo.; and armed criminal action, in violation of Section 571.015. Movant was sentenced as a prior and persistent offender to concurrent terms of fourteen years' imprisonment in the Missouri Department of Corrections on the domestic assault charge and three years' imprisonment on the armed criminal action charge.

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 84.16(b).
#### Goshen Development Corp., Appellant, v Hudson Valley Engineering Associates, P. C., et al., Respondents.

[719 NYS2d 703]

In an action, *inter alia,*to recover damages for engineering malpractice, the plaintiff appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated October 28, 1999 which, *inter alia,*granted the defendants’ motion to dismiss the complaint on the ground that the action was barred by the Statute of Limitations.

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, the appellant’s causes of action accrued when the Planning Board of the Town of Gos-hen (hereinafter the Town) issued conditional preliminary approval for a subdivision on December 21, 1989. The Supreme Court properly granted the defendants’ motion to dismiss the complaint on the ground that it was barred by the six-year Statute of Limitations as the instant action was commenced on June 18, 1996 *(see, Sears Roebuck & Co. v Enco Assocs.,*43 NY2d 389). Under the circumstances of this case, the “continuous representation” doctrine does not apply. The critical date herein is December 21, 1989, the date on which the Town is*609sued the conditional preliminary approval for a six-lot subdivision. Engineering services rendered by the defendants thereafter would not have increased the number of lots permitted in the subdivision *(cf., Sosnow v Paul,*36 NY2d 780). Goldstein, J. P., McGinity, Luciano and Feuerstein, JJ., concur.
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 the Annual Report of Redwood Mortgage Investors IX, LLC (the “Company”) on Form 10-K for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), pursuant to 18 U.S.C. (S) 1350, as adopted pursuant to (S) 906 of the Sarbanes-Oxley Act of 2002, I, Michael R. Burwell, certify that to the best of 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 at the dates and for the periods indicated.





A signed original of this written statement required by Section 906 has been provided to Redwood Mortgage Investors IX, LLC and will be retained by Redwood Mortgage Investors IX, LLC and furnished to the Securities and Exchange Commission or its staff upon request.

















/s/ Michael R. Burwell


_____________________________


Michael R. Burwell, President, and


Chief Financial Officer of Gymno


Corporation, Manager


March 30, 2011
Exhibit
32.2




CERTIFICATION




In
connection with the annual report of Liberator, Inc. (the “Company”) on Form
10-K for the fiscal year ended June 30, 2009 as filed with the Securities and
Exchange Commission (the “Report”), I, Ronald P. Scott, Chief Financial Officer
(Principal Financial and Accounting Officer) of WES Consulting Inc.*, hereby
certify as of the date hereof, solely for purposes of Title 18, Chapter 63,
Section 1350 of the United States Code, that to the best of my
knowledge:




(1)
     The Report fully complies with the requirements of
Section 13(a) or 15(d), as applicable, 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 at
the dates and for the periods indicated.





Date:
      August 19, 2010
              /s/
      Ronald P. ScottRonald
      P. ScottChief
      Financial Officer (Principal Financial and Accounting Officer) of WES
      Consulting, Inc.*




* On
October 19, 2009, Liberator, Inc. merged with and into WES Consulting,
Inc.  As WES Consulting, Inc. is the surviving entity from such merger
and Liberator, Inc. has been merged out, this certification is signed by the
Principal Financial and Accounting Officer of WES Consulting, Inc.
Exhibit 4(f)


 


PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY
 •  {P. O. BOX 10648  •  BIRMINGHAM, 
ALABAMA  35202-0648}


 


ANNUITIZATION BONUS ENDORSEMENT


 


We are amending the Contract to
which this endorsement is attached as described below:


 


1.     The
following statement is added to your Contract:


 


Bonus - This Contract provides a Bonus. The Bonus will be credited by
us in a nondiscriminatory manner and consistent with New York law.


 


2.     The
following provision is added to the “ANNUITIZATION”
section of your Contract:


 


Annuitization Bonus - If the Annuity
Commencement Date is on or after the { Nth } Contract Anniversary, and if you select Annuity Option B
with a certain period of not less than { X } years, we will add an annuitization bonus to the amount we
apply to the Annuity Option. The annuitization bonus will equal { Z% } of the
Contract Value to be applied to the Annuity Option and will be calculated as of
the Valuation Period that contains the Annuity Commencement Date.


 


3.               The
last sentence of the provision entitled “Guaranteed Purchase Rates”
in the “ANNUITIZATION” section of your
Contract is deleted and replaced by the sentence below:


 


Annuity
benefits available on the Annuity Commencement Date will not be less than those
provided by the application of an equivalent amount (including the effect of
any annuitization bonus) to the purchase of a single premium immediate annuity
contract offered by us on the Annuity Commencement Date to the same class of
Annuitants for the same Annuity Option.


 


Signed for the Company and made
a part of the Contract as of the Effective Date.


 


PROTECTIVE LIFE AND ANNUITY INSURANCE
COMPANY


 


	
  

  	
   

  	
   

  
	
            {Secretary}
memo

The ECA Incineration Testing Program: Laboratory-Scale Incineration 

Testing of Fluoropolymers was completed on October 30, 2009. The final 

study report associated with this effort consisted of about 3,900 pages of 

main report body pages and the associated supporting appendices. The 

central conclusion of this study was that Phase II combustion testing of 

Fluoropolymer Composites 1, 2, 3, and 4 in the laboratory-scale thermal 

reactor system determined that waste incineration of fluoropolymers does 

not emit detectable levels of PFOA under conditions representative of 

typical municipal waste combustor operations in the U.S. Based on this 

testing, waste incineration of fluoropolymers is not expected to be a source 

of PFOA in the environment. 

Both Phase I and Phase II testing described in the Final Study Report were 

performed in accordance with the requirements of the Enforcable Consent 

Agreement (ECA) and the TSCA GLPs as embodied in the EPA-approved 

Quality Assurance Project Plans (QAPPs). Upon review of the report and 

appendices, EPA did find eight areas that required additional technical 

clarification from the test sponsors. These areas have been discussed with 

Philip Taylor, the Study Director, and Robert Giraud, the Technical Project 

Manager/Facility Management.

To: Nhan Nguyen, RAD Branch Chief

From: Joe Avcin, RAD Staff

Date: 1/30/2015

Re: Close-Out of Technical Matters associated with the ECA 

Incineration Testing Program: Laboratory-Scale Incineration 

Testing of Fluoropolymers
memo

Satisfactory responses to Area #1, 2, 5, 7, and 8 have been obtained. These 

topics and their responses are detailed in the file “Responses to EPA Review 

of Fluoropolymers Final Study Report.pdf.” 

The following areas remain open at the time of the writing of this memo 

pending a response from Robert Giraud:

Area #3 – O-ring a soure of F?

Area #4 – CGA Concerns

Area #6 – Other Perfluorinated Compounds

The closure of these issues while important in providing technical 

completeness are not necessary in order to close-out the study itself. Any 

potential outcome of these issues would not alter the conclusions of the 

study. Reponses to these open matters are expected within the first half of 

2015. These responses will be documented as appropriate when they are 

received.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-3960

_____________________________

RAYFIELD PIERCE, JR.,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Duval County.

Steven B. Whittington, Judge.

January 11, 2018

PER CURIAM.

AFFIRMED.

JAY, WINSOR, and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and 

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

9.331.

_____________________________

Rayfield Pierce, Jr., pro se, Appellant.
2

Pamela Jo Bondi, Attorney General, and Sharon Traxler, 

Assistant Attorney General, Tallahassee, for Appellee.
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 Quarterly Report of BonusAmerica Worldwide Corp
on Form 10-QSB/A, Amendment No. 1, for the nine-month period ended September 30,
2004 as filed with the Securities and Exchange Commission (the "Report"), I,
Michael Mak, Chief Executive Officer and a director of BonusAmerica Worldwide
Corp., certify, pursuant to 18 U.S.C. Section 1350, as added by 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. To my knowledge, the information contained in the Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company as of and for the period covered by the Report.

November 23, 2004                                   /s/ Michael Mak
                                                    ----------------------------
                                                    Michael Mak
                                                    Chief Executive Officer

                                       33
[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Notices]
[Page 12906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6523]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,073]


Yorktowne, Inc., Mifflinburg, PA; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on February 2, 2009 in response to a 
petition filed on behalf of all workers at Yorktowne, Inc., 
Mifflinburg, Pennsylvania.
    The petitioners requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC, this 13th day of March 2009.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-6523 Filed 3-24-09; 8:45 am]
BILLING CODE 4510-FN-P
44 Canal Cent er Pl aza ▪ Sui t e 310 ▪ Al exandr i a, Vi r gi ni a 22314 ▪ Tel : (703) 684-0084 ▪ Fax: (703) 684-0427

VIA E-MAIL

July 28, 2010

Mr. Jeffrey A. Telander

Sector Policies and Programs Division

Metals and Minerals Group (D243-02)

Office of Air Quality Planning and Standards

U.S. Environmental Protection Agency

109 TW Alexander Drive

Research Triangle Park, NC 27711

Mr. William Neuffer

Sector Policies and Programs Division

Metals and Minerals Group (D243-02)

Office of Air Quality Planning and Standards

U.S. Environmental Protection Agency

109 TW Alexander Drive 

Research Triangle Park, NC 27711

RE: Submission of Existing Emissions Data – Johns Manville

Dear Messrs. Telander and Neuffer:

The transmission of this data from the North American Insulation Manufacturers Association 

(“NAIMA”) to the Environmental Protection Agency (“EPA”) is in fulfillment of Johns Manville 

and NAIMA’s commitment to provide EPA existing emissions data identified in NAIMA’s 

May 5, 2010 letter to EPA.

NAIMA is submitting .pdf versions via e-mail of existing emissions data for particulate matter, 

formaldehyde, phenol, and methanol from various reports. This data was collected at Johns 

Manville’s Willows, California; Cleburne, Texas; and Defiance, Ohio facilities.

Johns Manville has not designated any portion of the data attached hereto as confidential 

business information (“CBI”). The Johns Manville data deemed confidential has been marked as 

such and will be sent to:

Mr. Roberto Morales, Document Control Officer

109 T.W. Alexander Drive

Research Triangle Park, NC 27711
Messrs. Jeffrey A. Telander and William Neuffer

July 28, 2010

Page 2

If you have any questions please do not hesitate to contact me or Chris Martin at (703) 684-0084. 

We can also be contacted by e-mail at acrane@naima.org or cmartin@naima.org.

Sincerely,

Angus E. Crane 

Angus E. Crane

Executive Vice President, General Counsel

North American Insulation Manufacturers Association

Ph: (703) 684-0084 ext. 123

Fax: (703) 684-0427

Attachments
**Exhibit 32.2**

**CERTIFICATION FURNISHED PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report onForm 10-Q of Techwell, Inc. (the “Company”) for the quarterly periodended June 30, 2007 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), Mark Voll, Vice President, Finance andAdministration and Chief Financial Officer of the Company, hereby certifies,pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, to the best of hisknowledge, that:

(1)   The Reportfully complies with the requirements of Section 13a or 15(d) ofthe Securities Exchange Act of 1934, as amended; and

(2)   The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.
|        |   | /s/ Mark Voll                              |
|--------|--------|--------------------------------------------|
|   |   | Mark Voll                                  |
|   |   | Vice President of Finance and              |
|   |   | Administration and Chief Financial Officer |
|   |   | August 9, 2007                        |

 

----
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 360 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
H. RES. 360

   Recognizing the role of loneliness and isolation in public health.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2023

Mr. Flood submitted the following resolution; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                               RESOLUTION

 
   Recognizing the role of loneliness and isolation in public health.

Whereas the United States faces increasing rates of loneliness and isolation, 
        impacting the general population's mental health and well-being for 
        citizens of all ages;
Whereas the 2019 Cigna U.S. Loneliness Index data reports 61 percent of United 
        States adults are considered lonely, a rise from 54 percent in 2018;
Whereas the 2018 Cigna U.S. Loneliness Index data reports 41 percent of adults 
        age 66 and older report feeling lonely, and 79 percent of adults age 18 
        to 24 report feeling lonely;
Whereas the National Academies of Sciences, Engineering, and Medicine reports 
        loneliness and isolation in older adults are strongly associated with 
        greater incidences of morbidity, cognitive decline, depression, anxiety, 
        a decreased quality of life, and an increased risk of early death from 
        all causes;
Whereas in an effort to combat loneliness and isolation, the National Academies 
        of Sciences, Engineering, and Medicine recommends raising awareness of 
        the issue and continuing research into loneliness;
Whereas the Surgeon General, Vivek Murthy, declared an epidemic of loneliness 
        and isolation on May 2, 2023; and
Whereas the Surgeon General released an advisory on the impacts of loneliness 
        and isolation on public health outcomes in the United States: Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) recognizes Americans, of all ages, report feelings of 
        loneliness or isolation;
            (2) recognizes the impact of loneliness and isolation on 
        one's health and well-being;
            (3) promotes the awareness of loneliness and isolation and 
        its impacts; and
            (4) supports continued research into efforts for combating 
        loneliness and isolation.
                                 <all>
```
----

----

I Comunicazioni

Commissione

----

CATALOGO COMUNE DELLE VARIETÀ DELLE SPECIE DI PIANTE AGRICOLE

Terzo complemento alla ventitreesima edizione integrale

(2004/C 111 A/01)

SOMMARIO

Legenda

Lista delle specie di piante agricole

LEGENDA

I

1.BETA VULGARIS L.

2.BETA VULGARIS L.

II

9.BROMUS CATHARTICUS VAHL

12.DACTYLIS GLOMERATA L.

13.FESTUCA ARUNDINACEA SCHREBER

14.FESTUCA OVINA L.

15.FESTUCA PRATENSIS HUDSON

16.FESTUCA RUBRA L.

17.LOLIUM MULTIFLORUM LAM.

18.LOLIUM PERENNE L.

21.PHLEUM BERTOLONII DC.

22.PHLEUM PRATENSE L.

26.POA PRATENSIS L.

32.LUPINUS ANGUSTIFOLIUS L.

33.LUPINUS LUTEUS L.

35.MEDICAGO SATIVA L.

38.PISUM SATIVUM L. (PARTIM)

42.TRIFOLIUM PRATENSE L.

43.TRIFOLIUM REPENS L.

46.VICIA FABA L. (PARTIM)

48.VICIA SATIVA L.

51.BRASSICA OLERACEA L. CONVAR. ACEPHALA (DC.) ALEF. VAR. MEDULLOSA THELL. + VAR. VIRIDIS L.

53.RAPHANUS SATIVUS L. VAR. OLEIFORMIS PERS.

III

57.BRASSICA NAPUS L. (PARTIM)

63.HELIANTHUS ANNUUS L.

64.LINUM USITATISSIMUM L.

67.GLYCINE MAX (L.) MERRILL

IV

68.AVENA SATIVA L.

69.HORDEUM VULGARE L.

70.ORYZA SATIVA L.

72.SECALE CEREALE L.

73.SORGHUM BICOLOR (L.) MOENCH

76.× TRITICOSECALE WITTM.

77.TRITICUM AESTIVUM L. EMEND. FIORI ET PAOL.

78.TRITICUM DURUM DESF.

79.TRITICUM SPELTA L.

80.ZEA MAYS L.

V

81.SOLANUM TUBEROSUM L.

----

(1)GU C 46 A del 22.2.2005, pag. 1. Catalogo modificato da ultimo dal secondo complemento (GU C 104 A del 29.4.2005, pag. 1).

(2)GU L 193 del 20.7.2002, pag. 1. Direttiva modificata da ultimo dal regolamento (CE) n. 1829/2003 del Parlamento europeo e del Consiglio (GU L 268 del 18.10.2003, pag. 1).

----
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In re 1301 Fannin Owner, LP

Appellate case number: 01-19-00119-CV

Trial court case number: 2017-61367

Trial court: 190th District Court of Harris County

This original proceeding was abated for the successor trial court judge to reconsider the 

order challenged in relator’s mandamus petition. See TEX. R. APP. P. 7.2(b). The parties have 

informed this Court that a hearing was held, and the successor trial court judge also granted the 

relief in the challenged order. Accordingly, the parties have filed an agreed motion to reinstate this 

original proceeding and set a briefing schedule. The motion is GRANTED. We REINSTATE this 

case on the Court’s active docket. In accordance with the schedule agreed upon by the parties, we 

order briefing in this case as follows:

• Relator’s amended petition for writ of mandamus is due by April 24, 2019;

• Real-party-in-interest’s response is due 20 days after the date the amended 

mandamus petition is filed; and

• Relator’s reply is due 15 days after the response is filed.

It is so ORDERED.

Judge’s signature: __/s/ Justice Sarah B. Landau________

 Acting individually 

Date: _April 4, 2019___
State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: August 25, 2016 107702 

________________________________

THE PEOPLE OF THE STATE OF

NEW YORK,

Respondent,

v MEMORANDUM AND ORDER

MATTHEW S. MAXWELL,

Appellant.

________________________________

Calendar Date: August 18, 2016

Before: Garry, J.P., Egan Jr., Devine, Mulvey and Aarons, JJ.

__________

G. Scott Walling, Schenectady, for appellant.

J. Anthony Jordan, District Attorney, Fort Edward (Sara E.

Fischer of counsel), for respondent.

__________

Aarons, J.

Appeal from a judgment of the County Court of Washington

County (McKeighan, J.), rendered January 16, 2015, convicting

defendant upon his plea of guilty of the crimes of assault in the

second degree and escape in the first degree.

Defendant pleaded guilty to assault in the second degree

and escape in the first degree in full satisfaction of a fourcount indictment, and his plea agreement included the waiver of

the right to appeal. County Court thereafter sentenced

defendant, as a second felony offender, to the agreed-upon prison

terms of five years on the assault conviction, to be followed by

five years of postrelease supervision, and 2 to 4 years on the

escape conviction, the sentences to run consecutively. Defendant

now appeals.
-2- 107702 

We affirm. Initially, we agree with defendant that his

waiver of the right to appeal was not valid, inasmuch as the

record does not establish that defendant understood that the

right to appeal was separate and distinct from the rights

forfeited by a guilty plea (see People v Bradshaw, 18 NY3d 257,

264-265 [2011]; People v Lopez, 6 NY3d 248, 256-257 [2006]). As

such, his challenge to the severity of his sentences is properly

before us. Nonetheless, our review of the record does not reveal

an abuse of discretion or extraordinary circumstances warranting

a reduction of the agreed-upon sentences in the interest of

justice (see People v Filion, 134 AD3d 1244, 1245 [2015], lv

denied 27 NY3d 996 [2016]; People v Anderson, 129 AD3d 1385, 1385

[2015], lvs denied 26 NY3d 965 [2015]).

Garry, J.P., Egan Jr., Devine and Mulvey, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger

Clerk of the Court
Craig Dwight DOLPHY, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-1785

District Court of Appeal of Florida, Second District.

Opinion filed August 18, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.