alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[939 NYS2d 924]

#### In the Matter of Robert Victor Semon, an Attorney, Respondent. Grievance Committee of the Seventh Judicial District, Petitioner.

Fourth Department,

March 16, 2012

APPEARANCES OF COUNSEL

*Daniel A. Drake, Principal Counsel, Seventh Judicial District Grievance Committee,*Rochester, for petitioner.

*Robert Victor Semon,*respondent pro se.

OPINION OF THE COURT

Per Curiam.

*52Respondent was admitted to the practice of law by this Court on February 20, 1973. By order entered September 30, 1999, respondent was disbarred by the Virginia State Bar Disciplinary Board for misconduct that included neglecting a client matter, failing to refund unearned fees and violating various rules regarding the maintenance of his trust account. Respondent thereafter did not advise this Court or the Grievance Committee that he had been disbarred in Virginia. On January 17, 2012, the Grievance Committee filed with this Court a certified copy of the order of the Virginia State Bar Disciplinary Board. By order entered January 25, 2012, this Court directed respondent to appear and show cause why reciprocal discipline should not be imposed pursuant to 22 NYCRR 1022.22. Respondent was personally served with the order to show cause in Virginia on February 16, 2012. Respondent filed no papers in response to the order to show cause and did not appear before this Court on the return date thereof.

Pursuant to 22 NYCRR 1022.22, an attorney disciplined in another jurisdiction may be disciplined by this Court for the underlying misconduct unless we find “that the procedure in the foreign jurisdiction deprived the attorney of due process of law, that there was insufficient proof that the attorney committed the misconduct, or, that the imposition of discipline would be unjust.” Respondent has raised no objection to the imposition of reciprocal discipline by this Court. Accordingly, we conclude that respondent should be disbarred.

Smith, J.E, Fahey, Garni and Sconiers, JJ., concur.

Order of disbarment entered.
#### MUTUAL LIFE INS. CO. OF NEW YORK v. ROBINSON et al.

(Supreme Court, Appellate Division, Third Department.

March 8, 1898.)

Action by the Mutual Life Insurance Company of New York against David C. Robinson and others.

No opinion. Motion for reargument denied. The same order entered in all five cases. See 49 N. Y. Supp. 887, 1140.
II 

112TH CONGRESS 

1ST SESSION S. 395 

To repeal certain amendments to the Energy Policy and Conservation Act 

with respect to lighting energy efficiency. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2011 

Mr. ENZI (for himself, Mr. DEMINT, Mr. WICKER, Mr. TOOMEY, Mr. SESSIONS, Mr. COBURN, Mr. JOHNSON of Wisconsin, Mr. CORNYN, Mr. 

PAUL, Mr. LEE, Mr. ENSIGN, Mr. RISCH, Mr. BARRASSO, Mr. VITTER, 

Mr. KYL, Mr. BLUNT, Mr. INHOFE, Mrs. HUTCHISON, Mr. COATS, Mr. 

THUNE, Mr. HATCH, Mr. GRASSLEY, Mr. BOOZMAN, Mr. CHAMBLISS, 

Mr. ISAKSON, Mr. BURR, Mr. MCCAIN, and Mr. JOHANNS) introduced 

the following bill; which was read twice and referred to the Committee 

on Energy and Natural Resources 

A BILL 

To repeal certain amendments to the Energy Policy and 

Conservation Act with respect to lighting energy efficiency. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Better Use of Light 

5 Bulbs Act’’. 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•S 395 IS

1 SEC. 2. LIGHTING ENERGY EFFICIENCY. 

2 (a) IN GENERAL.—Subtitle B of title III of the En3 ergy Independence and Security Act of 2007 (Public Law 

4 110–140) is repealed. 

5 (b) APPLICATION.—The Energy Policy and Con6 servation Act (42 U.S.C. 6201 et seq.) shall be applied 

7 and administered as if subtitle B of title III of the Energy 

8 Independence and Security Act of 2007 (and the amend9 ments made by that subtitle) had not been enacted. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS
| Entity                                                                   |   | Jurisdiction      of Incorporation  |
|--------------------------------------------------------------------------|--------|-------------------------------------|
|                                                                     |   |                                |
| American      Achievement Group Holding Corp.                            |   | Delaware                            |
|                                                                     |   |                                |
| AAC      Group Holding Corp.                                             |   | Delaware                            |
|                                                                     |   |                                |
| AAC      Holding Corp.                                                   |   | Delaware                            |
|                                                                     |   |                                |
| American      Achievement Corporation                                    |   | Delaware                            |
|                                                                     |   |                                |
| American      Achievement Corporation Subsidiaries:                      |   |                                |
| Commemorative      Brands, Inc.                                          |   | Delaware                            |
|           Pulidos de Juarez, S.A. de C.V.            |   | Ciudad      Juarez Chihuahua Mexico |
|           CBI North America, Inc.                    |   | Delaware                            |
| Taylor      Senior Holding Corp.                                         |   | Delaware                            |
|           TP Holding Corp.                           |   | Delaware                            |
|           Taylor Publishing Company                  |   | Delaware                            |
|      Taylor      Publishing Manufacturing, L.P. |   | Delaware                            |
|           Taylor Manufacturing Holdings, LLC         |   | Delaware                            |
| Educational      Communications, Inc.                                    |   | Illinois                            |
**Exhibit 23.1**

**Consent of Independent Registered Public Accounting Firm**

We consent to the incorporation by reference in theRegistration Statement (Form S-8 No. 333-149596) pertaining to the Amended and Restated Global Stock and Incentive Compensation Plan, the Registration Statement (Form S-3 No. 333-114522) and related Prospectus of Hewitt Associates, Inc.for the registration of shares of its Class A Common Stock, the Registration Statement (Form S-8 No. 333-91274) pertaining to the Global Stock and Incentive Compensation Plan and the Registration Statement (Form S-3 No. 333-119576)and related Prospectus for the registration of $110,000,000 of 2.5% of Convertible Senior Notes due October 1, 2010 of our reports dated November 14, 2008, with respect to the consolidated financial statements of Hewitt Associates, Inc.and subsidiaries, and the effectiveness of internal control over financial reporting of Hewitt Associates, Inc. and subsidiaries, included in this Annual Report on Form 10-K for the year ended September 30, 2008. 

Chicago, Illinois 

November 14, 2008
#### The People of the State of New York, Respondent, v Larry Porter, Appellant.

[944 NYS2d 392]—

Malone Jr., J.

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered January 21, 2011, which resentenced defendant following his conviction of the crime of assault in the second degree (two counts).

In September 2011, while an inmate at Great Meadow Correctional Facility in Washington County, defendant was convicted of two counts of assault in the second degree and sentenced as a second felony offender to concurrent prison terms of seven years *(People v Porter,*304 AD2d 845 [2003], *lv denied*100 NY2d 565 [2003]). Upon learning that the mandatory periods of postrelease supervision had not been imposed, County Court resentenced defendant to his original sentence plus five years of postrelease supervision. Defendant appeals.

Although Penal Law § 70.85 permits County Court to reimpose the original sentence, without adding any postrelease supervision, the court may do so only with the People’s consent. Here, because there is no indication in the record that the People gave such consent, although they had the opportunity to do so, the court was required by law to impose upon defendant — a second felony offender convicted of violent felony offenses — a determinate sentence with postrelease supervision *(see*Penal Law § 70.00 [6]; § 70.06 [1] [a], [b]; § 70.45 [1]; *see also People v Wright,*85 AD3d 1316, 1316 [2011]). As for defendant’s remaining contentions, the resentencing did not amount to a violation of his double jeopardy rights — indeed, a determinate sentence imposed without a period of postrelease supervision is an illegal sentence *(see People v Williams,*14 NY3d 198, 217 [2010], *cert denied*562 US —, 131 S Ct 125 [2010]) — and we are not persuaded that defendant was deprived of the effective assistance of counsel *(see generally People v Caban,*5 NY3d 143, 152 [2005]; *People v Wright,*85 AD3d at 1317).

Rose, J.P., Spain, Kavanagh and McCarthy, JJ., concur. Ordered that the judgment is affirmed.
Exhibit 15.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent
to the incorporation by reference in the following Registration Statements:



| | 1) | Registration Statement (Form F-3 No. 333-159218, as amended) of Tsakos Energy Navigation Limited,
| | -- | -------------------------------------------------------------------------------------------------



| | 2) | Registration Statement (Form F-3 No. 333-111615) of Tsakos Energy Navigation Limited,
| | -- | -------------------------------------------------------------------------------------



| | 3) | Registration Statement (Form S-8 No. 333-102860) pertaining to the Stock Option Plan of Tsakos Energy Navigation Limited,
| | -- | -------------------------------------------------------------------------------------------------------------------------



| | 4) | Registration Statement (Form S-8 No. 333-104062) pertaining to the Stock Option Plan of Tsakos Energy Navigation Limited, and
| | -- | -----------------------------------------------------------------------------------------------------------------------------



| | 5) | Registration Statement (Form S-8 No. 333-134306, as amended) pertaining to the 2004 Incentive Plan of Tsakos Energy Navigation Limited;
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------

of our reports dated April 9, 2010 with respect to the consolidated financial statements of Tsakos Energy Navigation Limited and the effectiveness of
internal control over financial reporting of Tsakos Energy Navigation Limited included in this Annual Report (Form 20-F) for the year ended December 31, 2009.



|                                                              
|--------------------------------------------------------------
|/s/ Ernst & Young (Hellas) Certified Auditors Accountants S.A.
|                                                              
|Athens, Greece                                                
|April 9, 2010
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#### In the Matter of Arthur Perry.

— Motion granted only to the extent of referring the matter to the Departmental Disciplinary Committee to hear, report and recommend as to whether petitioner now possesses the character and general fitness to practice law, as indicated in the order of this court. Concur — Kupferman, J. P., Sullivan, Fein, Milonas and Kassal, JJ.
#### The People of the State of New York, Respondent, v Donald Davis, Appellant.

Mahoney, P.J.

Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered November 19, 1982, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

*946Defendant was an inmate at Elmira Correctional Facility when, on August 18, 1982, he was found in possession of a razor blade. An institutional disciplinary proceeding was conducted which resulted in defendant receiving as punishment a loss of “good time”. Defendant was subsequently indicted by a Che-mung County Grand Jury and charged with promoting prison contraband in the first degree. Defendant pleaded guilty as charged and was sentenced as a second felony offender to an indeterminate term of imprisonment of *IV2*to 3 years.

On this appeal, defendant challenges his conviction on the ground that a criminal prosecution for an offense which has already been the subject of a disciplinary proceeding at a State detention facility violates the constitutional prohibition against double jeopardy, and, also, on the ground that Penal Law § 70.06 is unconstitutional in that its mandatory sentence requirement denies equal protection under both the United States and New York State Constitutions.

This court has recently addressed both issues. A disciplinary determination imposing a loss of good time does not bar criminal prosecution of an inmate based on the same act *(People v Medina,*111 AD2d 946; *People v Briggs,*108 AD2d 1058). Further, there is no constitutional infirmity to the second felony offender statute *(People v Saxbury,*95 AD2d 871, 872).

Judgment affirmed. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 20
- 0600 STATE OF MONTANA,

Plaintiff and Appellee, v. ASHLEY MARIA HOWARD ,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including March 14, 2022, within which to prepare, file, and serve Appellant’s opening bri ef on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

February 4 2022

02/04/2022

Case Number: DA 20-0600
##### 



Exhibit 32.1 CERTIFICATE OF CHIEF EXECUTIVE OFFICER
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(18 U.S.C. 1350) The undersigned, Julian R. Geiger, Chairman and Chief Executive Officer of Aéropostale, Inc.
(the Company) has executed this certificated in connection with the filing with the Securities
and Exchange Commission of the Companys Annual Report on Form 10-K for the period ended January
29, 2005, (the Report). The undersigned hereby certifies that to his knowledge: 1. The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities and Exchange Act of 1934, as amended (the Exchange Act); and 2. The information contained the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company. IN
WITNESS WHEREOF, the undersigned has executed this certification as of the 12th day of
April, 2005. /s/ Julian R. Geiger

Julian R. GeigerChairman and Chief Executive Officer
 This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by
the Company for purposes of Section 18 of the Exchange Act. A signed original of this written
statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the
Company and will be retained by the Company and furnished to the Securities and Exchange Commission
or its staff upon request.
**Exhibit      32.1**

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

**AS      ADOPTED PURSUANT TO SECTION 906 OF THE**

**SARBANES-OXLEY      ACT OF 2002**

|   | 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                Corporation. |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:November                18, 2005     | By:/s/                Allen V. Ambrose     |
|---------------------------------------------------------------|----------------------------------------------------------------|
|                                                          |                      Allen V. Ambrose |
|                                                          |                      President        |
EXHIBIT 23





Consent of Independent Registered Public Accounting Firm





We consent to the incorporation by reference in this Registration Statement (No. 333-120089) on Form S-8 and Registration Statement (No. 333-157027) on Form S-3 of West Bancorporation, Inc. of our reports dated March 11, 2011 , relating to our audits of the consolidated financial statements and internal control over financial reporting which appear in the Annual Report to Shareholders, which is incorporated in this Annual Report on Form 10-K of West Bancorporation, Inc. for the year ended December 31, 2010 .








/s/ McGladrey & Pullen, LLPDes Moines, IowaMarch 11, 2011
#### MORRIS LUBLINER *ET AL.,*APPELLANTS-PETITIONERS, v. BOARD OF ALCOHOLIC BEVERAGE CONTROL FOR THE CITY OF PATERSON *ET AL.,*RESPONDENTS-RESPONDENTS.

See same case below: 59 *N. J. Super.*419.

*Messrs. Schwartz & Schwartz*for the petitioners.

*Mr. Charles*Turndorf, *Mr. John F. Selser*and *Mr. Gary 0. Turndorf*for the respondents.

April 8, 1960.

Granted.
|   | (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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ Christopher Paton-Gay                                              |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|      Christopher Paton-Gay                                                                                                                                                                                                                                                          |
|      Chief Executive Officer     (Principal Executive Officer)                                                                                                                                                                                                  |
|      September 11, 2012                                                                                                                                                                                                                                                   |
CONSENT
      OF CERTIFIED PUBLIC ACCOUNTANT








I
      hereby
      consent to the use, in the Form 10-KSB/A Annual Reports, of Artfest
      International





Corporation
      for the years ended December 31, 2006, and 2005, of my report dated March 23,





2007
      for
      the periods ended and as at December 31, 2006 and 2005, relating to the
      financial





statements,
      and notes, of Artfest International Corporation, which appear in said annual
      reports




or
      are
      referenced in subsequent reports of said company.














/s/
      Thomas Bauman, C.P.A.





Huntington
      Station, New York





March
      27,
      2007
#### PEOPLE, Respondent, v. NELSON, Appellant.

(Supreme Court, Appellate Division, Third Department.

March 26, 1912.)

Proceeding by the People of the State of New York against Alfred Nelson.

PER CURIAM.

Motion denied. See, also, 145 App. Div. 680, 130 N. Y. Supp. 488.

BETTS, J., dissents.