alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Corinne Prezioso, Appellant, v John Prezioso, Respondent.

[943 NYS2d 773] —

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from a fact-finding order of the Family Court, Orange County (Klein, J.), dated June 3, 2011, which, after a fact-finding hearing, found that the husband did not commit a family offense.

Ordered that on the Court’s own motion, the notice of appeal from the fact-finding order is deemed to be an application for leave to appeal from the fact-finding order, and leave to appeal is granted (see Family Ct Act § 1112 [a]); and it is further,

Ordered that the fact-finding order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Orange County, for further proceedings on the petition before another Judge in accordance herewith.

After a fact-finding hearing, the Family Court found that the wife failed to establish that the husband harassed her or committed some other family offense in connection with an incident that occurred at the marital residence on January 26, 2009. However, since the petition alleged that the husband violated the terms of an order of protection issued by the Family Court on December 12, 2008, the issue before the Family Court was whether, at the fact-finding hearing, the wife established that the husband willfully failed to obey the terms of the subject order of protection (see Family Ct Act §§ 842, 846, 846-a; *Matter of Rubackin v Rubackin,*62 AD3d 11, 14 [2009]).

Accordingly, we remit the matter to the Family Court, Orange County, for a new fact-finding hearing and a new determination of the petition thereafter, with specific reference to the allegations in the petition that the husband violated the order of protection. Under the circumstances of this case, we deem it appropriate that the new hearing should be held before a different Judge. Angiolillo, J.E, Dickerson, Belen and Hall, JJ., concur.
exv4w4






Exhibit 4.4




AMENDMENT NO. 1

TO REGISTRATION RIGHTS AGREEMENT




     THIS AMENDMENT NO. 1 (the “Amendment”) to that certain Registration Rights Agreement dated as
of October 27, 2009 (the “Agreement”) is entered into as of this 4th day of November, 2009.



     WHEREAS, the parties to the Agreement wish to enter into this Amendment to clarify certain
obligations of the Company under the Agreement; and



     WHEREAS, except as otherwise expressly set forth herein to the contrary, all capitalized terms
set forth in this Amendment shall have the same meanings as ascribed to them in the Agreement.



     NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, the parties hereto agree as follows:



     1. The initial phrase in Section 2(a) of the Agreement which states “The Company shall prepare
and file or cause to be prepared and filed with the SEC, as soon as practicable but in any event by
the date thirty days after the Issue Date . . .” is deleted in its entirety and replaced with the
following: “The Company shall prepare and file or cause to be prepared and filed with the SEC, as
soon as practicable but in any event no later than on or before November 7, 2009 . . .”



     2. Except as expressly set forth herein to the contrary, all of the terms and conditions of
the Agreement shall remain in full force and effect. In the event and to the extent there is an
inconsistency between any of the terms and conditions of this Amendment and the Agreement, the
terms and conditions of this Amendment shall control.



     3. This Amendment shall be governed by and construed in accordance with the laws of the State
of New York.



[Rest of Page Intentionally Left Blank]






 









 








     IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first set
forth above.



	 	 	 	 	 
	 	GRUBB & ELLIS COMPANY

 	 
	 
	 	By:  	/s/ Richard W. Pehlke
 	 
	 	 	Name:  	Richard W. Pehlke 	 
	 	 	Title:  	Executive Vice President and

Chief Financial Officer 	 
	 
	 	Each of the accounts listed on Schedule A to the

Agreement, individually and not jointly and

severally:




	 	BY:  	WELLINGTON MANAGEMENT COMPANY, LLP,
 	
	 	 	 as independent advisor

 	
	 
	 	By:  	/s/ Steven M. Hoffman
 	 
	 	 	Name:  	Steven M. Hoffman 	 
	 	 	Title:  	Vice President and Counsel 	 
	 




2
Filed by sedaredgar.com - Western Standard Energy Corp. - Exhibit 10.1







 





 






IN WITNESS WHEREOF this Agreement has been executed as of the
  day and year first above written. 



	WESTERN STANDARD ENERGY CORP. 	 	DAN BAUER 
	 	  	 	  
	 	  	 	  
	Per:	 /s/ Peter Jenks    	 	Signature:       	/s/ Dan Bauer                       
	 	Peter Jenks, President 	 	  


 

3
EXHIBIT 23.1

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement Nos. 33-80539, 333-1854, 333-68323 and 333-102028 on Form S-8, and Nos. 333-67557,
333-45324 and 333-75386 on Form S-3 of META Group, Inc. of our report dated February 14, 2003 (March 12, 2003 as to Note 10) (which report expresses an unqualified opinion and includes an explanatory
paragraph relating to the Company's adoption of Staff Accounting Bulletin No. 101, 'Revenue Recognition in Financial Statements' effective January 1, 2000 and the adoption of Statement of Financial
Accounting Standards No. 142, 'Goodwill and Other Intangible Assets' effective January 1, 2002) appearing in this Annual Report on Form 10-K/A of META Group, Inc. for the year ended December 31, 2002.

DELOITTE
& TOUCHE LLP
Stamford, Connecticut
October 30, 2003

---

QuickLinks
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1457

In Re: SAMUEL H. SLOAN, a/k/a Ismail Sloan,

Petitioner.

On Petition for Writ of Mandamus. (6:09-cv-00005-NKM)

Submitted: August 6, 2009 Decided: August 26, 2009

Before NIEMEYER, MOTZ, and KING, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Samuel H. Sloan, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.PER CURIAM: Samuel H. Sloan has filed a petition for writ of mandamus or prohibition with this court, requesting we remove Judge Norman K. Moon from further adjudicating Sloan’s civil

action in the United States District Court for the Western District of Virginia. Mandamus relief is available only when the petitioner has a clear right to the relief sought. United

States v. Moussaoui , 333 F.3d 509, 517 (4th Cir. 2003). Further, mandamus is a drastic remedy and should be used only in extraordinary circumstances. Id. at 516. Mandamus may not be used as a substitute for appeal. In re United Steelworkers , 595 F.2d 958, 960 (4th Cir. 1979). Similarly, a writ of prohibition should not issue unless it “clearly appears that the inferior court is about to exceed its jurisdiction.” Smith v. Whitney , 116 U.S. 167, 176 (1886). A writ of prohibition, like mandamus, a drastic remedy, should be granted only where the petitioner’s right to the requested relief is clear and indisputable. In re Vargas , 723 F.2d 1461, 1468 (10th Cir. 1983); In re Missouri , 664 F.2d 178, 180 (8th Cir. 1981). Further, a writ of prohibition should be granted only where the petitioner has no other adequate means of relief, In re Banker’s Trust Co. , 775 F.2d 545, 547 (3d Cir. 1985), and a writ of prohibition may not be used as a substitute for the normal appellate process. Missouri , 664 F.2d at 180.

23 Our review of the record indicates that Sloan’s action has been dismissed by the district court and no motions remain outstanding. Sloan v. Smith , No. 6:09-cv-00005-NKM (W.D. Va. Feb. 24, Apr. 23, 2009). Accordingly, while we grant leave to proceed in forma pauperis, we deny Sloan’s petition as moot. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED
exv10w63






Exhibit 10.63




Termination of Reduction in Named Executive Officer Salaries



On February 12, 2009, Applied Materials, Inc. (“Applied”) announced a twenty percent
(20%) reduction in the annual base salaries of each of its named executive officers (“NEOs”),
effective February 9, 2009.



On September 15, 2009, the Human Resources and Compensation Committee of Applied’s Board of
Directors approved the termination of the 20% reduction in the annual base salaries of each of
Applied’s NEOs, effective November 2, 2009. This termination is part of a broader program to
restore employees to their regular base pay.
EXHIBIT 99.11

          CERTIFICATION PURSUANT TO RULE 13a-14(a) OF THE EXCHANGE ACT

I, Anthony Q. Joffe, the Chief Executive Officer of Colmena Corp., certify that:

1. I have reviewed this annual report on Form 10-KSB of Colmena Corp.;

2. Based on my knowledge, this annual 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 annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual 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 annual 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 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 annual 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 that has materially affected, or is
reasonably likely to materially affect the registrant's internal control over
financial reporting;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

a) all significant deficiencies in the design or operation of internal controls
which 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: February 6, 2004
                                      /s/  Anthony Q. Joffe /s/
                                      --------------------------------------
                                      Anthony Q. Joffe, Chief Executive Officer


<PAGE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S ANNUAL REPORT ON FORM 10-K FOR THE FISCAL YEAR ENDED DECEMBER 31, 1997
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       1,082,712
<SECURITIES>                                         0
<RECEIVABLES>                                2,666,439
<ALLOWANCES>                                   354,000
<INVENTORY>                                    842,620
<CURRENT-ASSETS>                             9,796,012
<PP&E>                                      10,152,452
<DEPRECIATION>                             (4,667,768)
<TOTAL-ASSETS>                              24,763,884
<CURRENT-LIABILITIES>                       32,148,922
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        45,696
<OTHER-SE>                                (11,990,130)
<TOTAL-LIABILITY-AND-EQUITY>                24,763,884
<SALES>                                     81,384,138
<TOTAL-REVENUES>                            81,384,138
<CGS>                                      106,758,900
<TOTAL-COSTS>                              106,758,900
<OTHER-EXPENSES>                             1,760,776
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,110,465
<INCOME-PRETAX>                           (28,246,003)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                       (28,246,003)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (28,246,003)
<EPS-PRIMARY>                                   (1.85)
<EPS-DILUTED>                                   (1.85)


</TABLE>
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 Quarterly Report
of Bluefly, Inc. (the “Company”) on Form 10-Q for the three months ended March
31, 2009, as filed with the Securities and Exchange Commission on the date
hereof (the “Report”), I, Kara B. Jenny, 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 results of operations of the Company.











/s/ Kara B.
Jenny





Kara B.
Jenny


Chief
Financial Officer


May 5,
2009
EXHIBIT 31.2

CERTIFICATION

I, Kenneth J. Saunders, certify that:

1.     I
have reviewed this Quarterly Report on Form 10-Q of Peregrine Systems, 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 quarterly 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 quarterly 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)) for the registrant and we 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 the registrant's board of directors (or persons performing the equivalent functions):



| |  | Date:                                                                                        |  | February 15, 2005
| |  | -------------------------------------------------------------------------------------------- |  | -----------------
| |  | /s/KENNETH J. SAUNDERSKenneth J. Saunders
Executive Vice President & Chief Financial Officer

---



QuickLinks
# C_2020095EN.01003101.xml

| 23.3.2020 | EN | Official Journal of the European Union | C 95/31 |
| --- | --- | --- | --- |

23.3.2020

EN

Official Journal of the European Union

C 95/31

---

Judgment of the General Court of 5 February 2020 — Pierre Balmain v EUIPO (Representation of a lion’s head encircled by rings forming a chain)

(Case T-332/19) (1)

(EU trade mark - Application for an EU figurative mark representing a lion’s head encircled by rings forming a chain - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2020/C 95/39)

Language of the case: French

Parties

Applicant: Pierre Balmain (Paris, France) (represented by: J.M. Iglesias Monravá and S. Mainar Roger, lawyers)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 March 2019 (Case R 1224/2018-5), concerning an application for registration of a figurative sign representing a lion’s head encircled by rings forming a chain as an EU trade mark.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Pierre Balmain to pay the costs. |
| --- | --- |

2.

Orders Pierre Balmain to pay the costs.

---

(1)  OJ C 246, 22.7.2019.

---
III 

112TH CONGRESS 

1ST SESSION S. RES. 107 

Designating April 4, 2011, as ‘‘National Association of Junior Auxiliaries 

Day’’. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2011 

Mr. WICKER (for himself and Mr. PRYOR) submitted the following resolution; 

which was considered and agreed to 

RESOLUTION 

Designating April 4, 2011, as ‘‘National Association of 

Junior Auxiliaries Day’’. 

Whereas the National Association of Junior Auxiliaries and 

the members of the National Association of Junior Auxiliaries provide valuable service and leadership opportunities for women who wish to take an active role in their 

communities; 

Whereas the mission of the National Association of Junior 

Auxiliaries is to encourage member chapters to render 

charitable services that— 

(1) are beneficial to the general public; and 

(2) place a particular emphasis on providing for the 

needs of children; and 

Whereas since the founding of the National Association of 

Junior Auxiliaries in 1941, the organization has provided 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•SRES 107 ATS 

strength and inspiration to women who want to effect 

positive change in their communities: Now, therefore, be 

it 

1 Resolved, That the Senate— 

2 (1) designates April 4, 2011, as ‘‘National As3 sociation of Junior Auxiliaries Day’’; 

4 (2) recognizes the great contributions made by 

5 members of the National Association of Junior Aux6 iliaries to their communities and to the people of the 

7 United States; and 

8 (3) especially commends the work of the mem9 bers of the National Association of Junior Auxil10 iaries to better the lives of children in the United 

11 States. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
# C_2022109EN.01003501.xml

| 7.3.2022 | EN | Official Journal of the European Union | C 109/35 |
| --- | --- | --- | --- |

7.3.2022

EN

Official Journal of the European Union

C 109/35

---

Order of the General Court of 20 December 2021 — Première Vision v EUIPO — Vente Privee.com (PV)

(Case T-836/19) (1)

(2022/C 109/46)

Language of the case: French

The President of the Fifth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 45, 10.2.2020.

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       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 State

          - [Public Notice: 11477]

Pursuant to section 7047(c)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (Div. K, Pub. L. 116-260) (FY 2021 SFOAA), section 7047(c)(1) of the FY 2019 SFOAA (Div. F, Pub. L. 116-6), and section 7047(c)(1) of the FY 2020 SFOAA (Div. G, Pub. L. 116-94), I hereby determine that the Government of Nauru has recognized the independence of, or has established diplomatic relations with, the Russian Federation occupied Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia.

                    This determination shall be published in the                     **Federal Register**                     and on the Department of State website and, along with the accompanying Memorandum of Justification, shall be reported to Congress.                

      ( print page 40227)    
Dated. June 16, 2021.

Antony J. Blinken,

Secretary of State.

[FR Doc. 2021-15984 Filed 7-26-21; 8:45 am]

BILLING CODE 4710-23-P
November 6, 2014

JUDGMENT

The Fourteenth Court of Appeals

STAFFORD MUNICIPAL SCHOOL DISTRICT, Appellant

NO. 14-13-00882-CV V.

THE HANOVER INSURANCE COMPANY, Appellee

________________________________

This cause, an appeal from the judgment in favor of appellee, The Hanover 

Insurance Company, signed September 20, 2013, was heard on the transcript of the 

record. We have inspected the record and find error. We therefore order the 

judgment of the court below REVERSED and we RENDER judgment granting 

the plea to the jurisdiction filed by appellant, Stafford Municipal School District, 

and dismissing with prejudice the claims of appellee, The Hanover Insurance 

Company.

We further order that all costs incurred by reason of this appeal be paid by 

appellee, The Hanover Insurance Company.

We further order this decision certified below for observance.
#### The People of the State of New York, Respondent, v Caspar Settembre, Appellant.

—Appeals by defendant from two judgments of the County Court, Putnam County (Hickman, J.), both rendered March 20, 1985, convicting him of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the second degree under indictment No. 73/84 and criminal possession of a controlled substance in the seventh degree under indictment No. 74/84, upon jury verdicts, and imposing sentence.

Judgments affirmed.

Defendant was arrested in his car while counting the money he received from an undercover police officer in exchange for 2.47 ounces of cocaine. The sale was observed by a second undercover officer as well. Defendant was in possession of an additional 1.8589 grams of cocaine when he was arrested by a third officer. The officers and the defendant testified at the trial. Defendant’s proof reflected solely upon the officers’ credibility. Defendant’s primary contention relates to proof of his guilt at trial and centers on the credibility of witnesses who testified in detail subject to extensive cross-examinations. Issues of credibility are primarily for the jury *(see, People v Gruttola,*43 NY2d 116, 122). We have reviewed the evidence and find that it was sufficient to permit a rational trier of fact *635to conclude beyond a reasonable doubt that defendant was guilty of the crimes charged *(see, People v Contes,*60 NY2d 620, 621).

We have considered defendant’s remaining contentions and find them to be without merit. Mollen, P. J., Thompson, Rubin and Kunzeman, JJ., concur.