alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Anthony Cruz, Petitioner, v Brian Fischer, as Commissioner of Corrections and Community Supervision, Respondent.

[942 NYS2d 673]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

While inmates were returning from the recreation yard, a correction sergeant observed one inmate with a large gash on the left side of his face. This inmate stated that he was cut by an unknown inmate while exiting the yard. During the ensuing investigation, the sergeant learned through confidential sources that an individual matching petitioner’s description had perpetrated the attack and then discarded the weapon in a water drain by the soccer field. The weapon, which consisted of a broken pencil with an embedded razor, was later recovered from the described location and had blood, tissue and hair on it. As a result of this incident, petitioner was charged in a misbehavior report with assaulting an inmate, possessing a weapon, engaging in violent conduct and possessing an altered item. He was found guilty of the charges at the conclusion of a tier III *1297disciplinary hearing and the determination was affirmed on administrative review. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report and related documentation, together with the testimony of the author of the misbehavior report and the confidential information considered by the Hearing Officer in camera, provide substantial evidence supporting the determination of guilt *(see Matter of Houston v Fischer,*69 AD3d 1086, 1086 [2010]; *Matter of Adorno v Goord,*35 AD3d 930, 931 [2006]). The contrary testimony of petitioner and his inmate witnesses presented a credibility issue for the Hearing Officer to resolve *(see Matter of Johnson v Fischer,*84 AD3d 1623 [2011]; *Matter of Barton v New York State Dept. of Correctional Servs.,*81 AD3d 1029, 1030 [2011]). Moreover, the extension to commence the hearing was timely obtained within seven days of the date of petitioner’s confinement and was needed due to the unavailability of the Hearing Officer and to enable petitioner to receive proper assistance prior to the commencement of the hearing *(see*7 NYCRR 251-5.1 [a]; *Matter of Cepeda v Goord,*39 AD3d 640, 641 [2007]; *Matter of Berry v Portuondo,*6 AD3d 848, 849 [2004]). Notably, the hearing was properly completed within the time granted in the extension. Petitioner’s numerous remaining contentions are either unpreserved for our review or are lacking in merit.

Mercure, J.E, Rose, Spain, Kavanagh and Garry, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
#### James Brannon, Respondent, *v.*The Bleecker Street and Fulton Ferry Railroad Company, Appellant.

(Submitted April 16, 1890;

decided May 6, 1890.)

Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made January 10,1889, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial.

*Leslie W. Russell*and *Welton Percy*for appellant.

Doherty, *Durnin & Hendrick*for respondent.

*Agree*to affirm; no opinion.

All concur.

Judgment affirmed.
<TABLE> <S> <C>

<ARTICLE> 5

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<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                         931,201
<SECURITIES>                                         0
<RECEIVABLES>                                2,655,961
<ALLOWANCES>                                         0
<INVENTORY>                                    527,499
<CURRENT-ASSETS>                             4,432,584
<PP&E>                                       2,407,446
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               7,831,981
<CURRENT-LIABILITIES>                        2,532,811
<BONDS>                                              0
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<COMMON>                                    11,799,884
<OTHER-SE>                                 (6,546,347)
<TOTAL-LIABILITY-AND-EQUITY>                 7,831,981
<SALES>                                      2,975,201
<TOTAL-REVENUES>                             2,975,201
<CGS>                                          591,852
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              12,036
<INCOME-PRETAX>                            (1,675,050)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,675,050)
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<NET-INCOME>                               (1,675,050)
<EPS-BASIC>                                      (.36)
<EPS-DILUTED>                                    (.36)


</TABLE>
<PAGE>


                                  Exhibit 32.2

                        CERTIFICATION OF PERIODIC REPORT


I, Barry J. Susson, Chief Financial Officer of Deb Shops, Inc. (the "Company"),
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
Section 1350, that:

     (1) the Quarterly Report on Form 10-Q of the Company for the quarterly
period ended October 31, 2003 (the "Report") fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m or 78o(d)); and

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




Dated: December 10, 2003



                                           Barry J. Susson
                                           ---------------
                                           Barry J. Susson
                                           Chief Financial Officer
II 

112TH CONGRESS 

1ST SESSION S. 729 

To validate final patent number 27–2005–0081, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 5, 2011 

Mr. ENSIGN (for himself and Mr. REID) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To validate final patent number 27–2005–0081, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FINAL PATENT AND LAND RECONFIGURATION 

4 IN CLARK COUNTY AND LINCOLN COUNTY, 

5 NEVADA. 

6 (a) IN GENERAL.—Patent number 27–2005–0081 

7 and the associated land reconfiguration issued by the Bu8 reau of Land Management on February 18, 2005, is af9 firmed and validated as having been issued pursuant to, 

10 and in compliance with, the Nevada-Florida Land ExVerDate Mar 15 2010 23:24 Apr 06, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S729.IS S729

EMCDONALD on DSK2BSOYB1PROD with BILLS
2 

•S 729 IS

1 change Authorization Act of 1988 (Public Law 100–275; 

2 102 Stat. 52), the National Environmental Policy Act of 

3 1969 (42 U.S.C. 4321 et seq.), and the Federal Land Pol4 icy and Management Act of 1976 (43 U.S.C. 1701 et seq.) 

5 for the benefit of the desert tortoise, other species, and 

6 related habitat to increase the likelihood of the recovery 

7 of the desert tortoise and other species. 

8 (b) RATIFICATION OF RECONFIGURATION.—The 

9 process used by the United States Fish and Wildlife Serv10 ice and the Bureau of Land Management in reconfiguring 

11 the land described in subsection (a), as depicted on Ex12 hibit 1–4 of the Final Environmental Impact Statement 

13 for the Planned Development Project MSHCP, Lincoln 

14 County, NV (FWS–R8–ES–2008–N0136), and the recon15 figuration provided for in Special Condition 10 of Army 

16 Corps of Engineers Permit No. 200125042 are ratified. 

Æ 


EMCDONALD on DSK2BSOYB1PROD with BILLS
#### In re “AGENT ORANGE” PRODUCT LIABILITY LITIGATION.

MDL No. 381.

United States District Court, E. D. New York.

April 26, 1982.

PRETRIAL ORDER NO. 34

GEORGE C. PRATT, District Judge.

By motion returnable April 21, 1982 defendant Uniroyal Merchandising Co., Inc. (UMC) moves for summary judgment dismissing all claims against it. An officer of UMC states under oath that UMC has never designed, manufactured, or sold Agent Orange or any phenoxy herbicide for use in southeast Asia during the relevant period.

The court, in pretrial order # 33, granted motions based on similar representations by defendants Ansul, Hooker, and Occidental on condition that defendants consent to renewal of the actions pending against them and a waiver of the statute of limitations if additional evidence should surface during discovery. UMC has filed a stipulation to this effect, and no one opposes the instant application.

Under these conditions, UMC’s motion for summary judgment is granted.

SO ORDERED.
Exhibit 31.2

CERTIFICATIONS

I, Amy E. Miles, certify that:

1.     I
have reviewed this annual report on Form 10-K of Regal Entertainment Group;

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(s) 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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



5.     The
registrant's other certifying officer(s) 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 registrant's board of directors (or persons performing the equivalent function):



Date:
February 25, 2008

| |  | By: |  | /s/AMY E. MILESAmy E. Miles
Chief Financial Officer
(Principal Financial Officer)
| |  | --- |  | ---------------------------------------------------------------------------------

---



QuickLinks
(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)
    
    Designed such internal control over financial
reporting, or caused such internal control over
financial reporting to be designed under our
supervision, to provide reasonable assurance regarding
the reliability of financial reporting and the
preparation of financial statements for external
purposes in accordance with generally accepted
accounting principles;(c)
    
    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(d)
    
    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
  (a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal controls 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.
 Date: March 31, 2011
    By:
    /s/ Martin SchneiderMartin SchneiderVice President and Principal Financial Officer 62
UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

SOUTH BEND DIVISION 

UNITED STATES OF AMERICA 

 v. 

GREGORY BROWN 

) 

) 

) 

) 

) 

Case No. 3:16-CR-081 JD 

 3:16-CR-093 JD 

OPINION AND ORDER

Defendant Gregory Brown has pled guilty to Count 1 of the Superseding Indictment in 

case 3:16-CR-81 for conspiring to distribute over 100 grams of heroin and to Count 1 of the 

Indictment in case 3:16-CR-93 for committing wire fraud. In response to the most recent 

presentence investigation report [DE 388],1

 the defense objected to over twenty paragraphs 

which are detailed in various documents [DE 367; DE 389; DE 389-4]. Since then, the defense 

has filed a notice indicating that it withdraws its objections to the guideline calculations [DE 

413]. In addition, the parties now agree that a two level reduction for acceptance of responsibility 

is appropriate [DE 413; DE 417; DE 418]. As a result, the parties agree that the appropriate 

adjusted offense level is 36, and that combined with Mr. Brown’s criminal history category of 

III, the applicable guideline range is 235-293 months’ imprisonment. 

While the parties agree on the guideline calculations, it remains somewhat unclear 

whether the defense maintains any of its prior objections to the various PSR paragraphs which 

detail the offense conduct. Thus, defense counsel is ORDERED to file on or before December 

13, 2017, a notice indicating whether any objections remain to the PSR [DE 388], along with a 

concise statement identifying the paragraph and basis for any such remaining objection. 

 

1

 The original presentence investigation report [DE 235] was rendered moot after the Court 

granted [DE 305] Mr. Brown’s motion to withdraw his first plea agreement, and Mr. Brown 

entered into a new plea agreement [DE 316]. 
2 

 SO ORDERED. 

 ENTERED: December 8, 2017 

 

 /s/ JON E. DEGUILIO 

 Judge 

 United States District Court
[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Notices]
[Page 34305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13835]



[[Page 34305]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Internal Revenue Service Advisory Council; Meeting

AGENCY: Internal Revenue Service, Department of Treasury.

ACTION: Notice of meeting.

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

SUMMARY: The Internal Revenue Service Advisory Council will hold a 
public meeting.

DATES: The meeting will be held Wednesday, July 14, 2021.

ADDRESSES: The meeting will be held virtually.

FOR FURTHER INFORMATION CONTACT: Ms. Anna Brown, Office of National 
Public Liaison, at 202-317-6564 or send an email to 
<a href="/cdn-cgi/l/email-protection#164663747a7f755a7f777f657978567f646538717960"><span class="__cf_email__" data-cfemail="d484a1b6b8bdb798bdb5bda7bbba94bda6a7fab3bba2">[email protected]</span></a>.

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 public meeting of the Internal Revenue Service Advisory Council 
(IRSAC) will be held on Wednesday, July 14, 2021, to discuss topics 
that may be recommended for inclusion in a future report of the 
Council. The meeting will take place 3:00-4:00 p.m. EDT.
    The meeting will be held via Zoom. To register and for meeting link 
instructions, members of the public may contact Ms. Anna Brown at 202-
317-6564 or send an email to <a href="/cdn-cgi/l/email-protection#3e6e4b5c52575d72575f574d51507e574c4d10595148"><span class="__cf_email__" data-cfemail="267653444a4f456a4f474f554948664f545508414950">[email protected]</span></a>. Attendees are 
encouraged to join at least 5-10 minutes before the meeting begins.
    Time permitting, after the close of this discussion by IRSAC 
members, interested persons may make oral statements germane to the 
Council's work. Persons wishing to make oral statements should contact 
Ms. Anna Brown at <a href="/cdn-cgi/l/email-protection#24745146484d47684d454d574b4a644d56570a434b52"><span class="__cf_email__" data-cfemail="306045525c59537c595159435f5e705942431e575f46">[email protected]</span></a> and include the written text or 
outline of comments they propose to make orally. Such comments will be 
limited to five minutes in length. In addition, any interested person 
may file a written statement for consideration by the IRSAC by sending 
it to <a href="/cdn-cgi/l/email-protection#0e5e7b6c62676d42676f677d61604e677c7d20696178"><span class="__cf_email__" data-cfemail="90c0e5f2fcf9f3dcf9f1f9e3fffed0f9e2e3bef7ffe6">[email protected]</span></a>.

    Dated: June 24, 2021.
John A. Lipold,
Designated Federal Officer, Internal Revenue Service Advisory Council.
[FR Doc. 2021-13835 Filed 6-28-21; 8:45 am]
BILLING CODE 4830-01-P


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#### UNITED STATES of America, Plaintiff-Appellee, v. Benito TINOCO, a.k.a. Javier Fonseca Areaga, a.k.a. Javier Fonseca, Defendant-Appellant.

No. 10-50139.

United States Court of Appeals, Ninth Circuit.

Submitted May 24, 2011.*

Filed June 8, 2011.

Jean-Claude Andre, Assistant U.S., Michael J. Raphael, Esquire, Assistant U.S., Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Jonathan D. Libby, Esquire, Deputy Federal Public Defender, FPDCA-Federal Public Defender’s Office, Los Angeles, CA, for Defendant-Appellant.

Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Benito Tinoco appeals from the 37-month sentence imposed following his *795guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

Tinoco contends that the district court violated Federal Rule of Criminal Procedure 32(i)(4)(A)(ii) by denying him his right of allocution. Tinoco waived his right to appeal this issue and has failed to show that the waiver is invalid. Accordingly, we dismiss in light of the valid appeal waiver. *See United States v. Joyce,*357 F.3d 921, 924 (9th Cir.2004).

DISMISSED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
|   | 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      Registrant as of and for the period covered by the  Report. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:      April 2, 2010 |   | /s/ Jinyuan Li                             |
|--------------------------|--------|--------------------------------------------|
|                     |   | Jinyuan      Li                            |
|                     |   | Chief      Executive Officer and President |
|                     |   | (Principal      Executive Officer)         |

| Date:      April 2, 2010 |   | /s/ Manbo He                                      |
|--------------------------|--------|---------------------------------------------------|
|                     |   | Manbo      He                                     |
|                     |   | Chief      Financial Officer                      |
|                     |   | (Principal      Financial and Accounting Officer) |

----
#### Edward Cunningham, III, Appellant, v LeChase Construction et al., Respondents. Frederico Wrecking Co., Inc., Third-Party Plaintiff-Appellant, v Contour Erection and Siding Systems, Inc., Third-Party Defendant-Respondent. LeChase Construction Services, LLC, et al., Third-Party Plaintiffs-Appellants, v Contour Erection and Siding Systems, Inc., Third-Party Defendant-Respondent.

[944 NYS2d 713]

Motions for leave to appeal to the Court of Appeals denied. Present— Scudder, EJ., Smith, Centra and Peradotto, JJ.