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

[942 NYS2d 692]

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 a prison disciplinary rule.

During a search of a locker in petitioner’s cell, a correction officer found, among other things, items containing phrases and symbols associated with an illegal gang. Consequently, petitioner was charged in a misbehavior report with possessing gang-related material. At the conclusion of a tier III disciplinary hearing, he was found guilty of the charge and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding followed.

We confirm. The misbehavior report and documentary evidence, together with the testimony of the correction sergeant who endorsed the report* and petitioner’s admission to possessing the items, provide substantial evidence supporting the determination of guilt *(see Matter of Harvey v Bradt,*81 AD3d 1003, 1003 [2011]; *Matter of Reid v Fischer,*78 AD3d 1400, *13201400 [2010]). While petitioner maintains that the references and symbols were not gang-related, this presented a credibility issue for the Hearing Officer to resolve *(see Matter of Ortiz v Fischer,*91 AD3d 1006, 1006 [2012]).

Finally, inasmuch as the procedural objections raised in petitioner’s brief, including his due process arguments, were not raised at the hearing or on his administrative appeal, they are unpreserved for our review *(see Matter of Huggins v Goord,*19 AD3d 989, 989 [2005]; *Matter of Vasquez v Senkowski,*186 AD2d 847, 847 [1992]).

Peters, EJ., Mercure, Spain, Stein and McCarthy, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

*

 In his administrative appeal, petitioner acknowledged that he called this witness because he is “the [g]ang intelligence [sergeant].”
<TABLE> <S> <C>


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     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
BALANCE SHEET OF ADVANCED  GAMING  TECHNOLOGY,  INC. AS OF JUNE 30, 1999 AND THE
RELATED STATEMENTS OF OPERATIONS,  EQUITY AND CASH FLOWS FOR THE SIX MONTHS THEN
ENDED AND IS QUALIFIED IN ITS ENTIRETY BY SUCH FINANCIAL STATEMENTS.
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<INTEREST-EXPENSE>                             97
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</TABLE>
# C_2020304EN.01000302.xml

| 14.9.2020 | EN | Official Journal of the European Union | C 304/3 |
| --- | --- | --- | --- |

14.9.2020

EN

Official Journal of the European Union

C 304/3

---

Appeal brought on 16 November 2019 by Karolina Romańska against the order of the General Court delivered on 6 September 2019 in Case T-212/18, Romańska v Frontex

(Case C-839/19 P)

(2020/C 304/04)

Language of the case: Polish

Parties

Appellant: Karolina Romańska-Kuć (represented by: A. Tetkowska, adwokat)

Other party to the proceedings: European Border and Coast Guard Agency (Frontex)

By order of 31 January 2020, the case was removed from the register.

---
Third District Court of Appeal

State of Florida 

Opinion filed July 28, 2021.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D20-1472

Lower Tribunal No. 16-3171

________________

Adriana Monica Mendoza,

Appellant,

vs.

Tomas Curbelo,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Marcia B. 

Caballero, Judge.

Hasbun & Mendoza, PLLC and Maribel Mendoza, for appellant.

Perez-Abreu & Martin-Lavielle, P.A., and Andy W. Acosta and Javier 

Perez-Abreu, for appellee.

Before FERNANDEZ, C.J., and HENDON and GORDO, JJ. 

HENDON, J.
2

Adriana Monica Mendoza, the Mother, appeals from a September 

2020 supplemental final judgment modifying parental responsibility, 

timesharing, and child support in favor of Tomas Curbelo, the Father. We 

dismiss that portion of the Mother’s appeal (paragraph w. of the order on 

appeal) without prejudice to the filing of an appeal following entry of an 

order fixing the amount of attorney’s fees and costs. Sejas v. Paredes, 315 

So. 3d 128 (Fla. 3d DCA 2021) (holding a mere finding of entitlement to 

attorney’s fees and costs is a non-final, non-appealable order). We affirm 

the remainder of the order on appeal. Sordo v. Camblin, 130 So. 3d 743, 

744 (Fla. 3d DCA 2014) (“We review a trial court's modification of 

timesharing for an abuse of discretion, and we must affirm if the trial court's 

order is supported by competent substantial evidence.”). 

Affirmed in part, dismissed in part.
EXHIBIT 99.12

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

I, Adam Wasserman, Chief Financial 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/ Adam Wasserman /s/
                                  -----------------------------------------
                                  Adam Wasserman, Chief Financial Officer
**Exhibit****31.1**

 

**METALLINE****MINING COMPANY**

 

**CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER**

 

I, Merlin D. Bingham,certify that:

 

1.             I have reviewed this quarterly report on Form 10-QSB ofMetalline Mining Company.

 

2.             Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisreport;

 

3.             Based on my knowledge, the financial statements, andother financial information included in this report, fairly present in all material respects the financial condition,results of operations, and cash flows of the small business issuer as of, andfor, the periods presented in this report;

 

4.             The small business issuer’s other certifying officer andI are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) for thesmall business issuer and have:

 

a)             designed such disclosure controlsand procedures, or caused such disclosure controls and procedures to bedesigned under our supervision to ensure that material information relating tothe small business issuer, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period inwhich this report is being prepared;

 

b)            evaluated the effectiveness of thesmall business issuer’s disclosure controls and procedures and presented inthis report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based onsuch evaluation; and

 

5.             The small business issuer’s other certifying officer andI have disclosed, based on our most recent evaluation, to the small businessissuer’s auditors and the audit committee of the small business issuer’s boardof directors (or persons performing the equivalent functions):

 

a)             all significant deficiencies andmaterial weaknesses in the design  oroperation of internal controls which are reasonably likely to adversely affectthe small business issuer’s ability to record, process, summarize, and reportfinancial information; and

 

b)            any fraud, whether or not material, thatinvolves management or other employees who have a significant role in the smallbusiness issuer’s internal controls.

 

Date: March 17, 2005

 

 

 
| /s/ Merlin D. Bingham |
|-----------------------|

President

 

E-2

----
**Exhibit 32.2**

 

**CertificationPursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of Sarbanes-Oxley Act of 2002**

 

I, JoelBoyarski, the Chief Financial Officer of WorldGate Communications, Inc., herebycertify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that (1) the Form 10-Q of WorldGateCommunications, Inc., for the quarterly period ended June 30, 2003 (the “Form10-Q”), fully complies with requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and (2) theinformation contained in the Form 10-Q fairly presents, in all materialrespects, the financial condition and results of operations of WorldGateCommunications, Inc.

 

A signed originalof this written statement required by Section 906 has been provided toWorldGate and will be retained by WorldGate and furnished to the Securities andExchange Commission or its staff upon request.

 

 
| Dated:   08/14/03 | /s/ JOEL  BOYARSKI |   |
|----------------------------------|--------------------|--------|
|                             |               |   |
|                             | Joel  Boyarski     |   |

 

----
#### In the Matter of Joseph Zanoni et al., Petitioners, v Bonnie G. Wittner, Respondent, and Cyrus R. Vance, Jr., Ad*627ditional Respondent.

[944 NYS2d 713] —

The above-named petitioner having presented an application to this Court praying for an order, pursuant to article 78 of the Civil Practice Law and Rules, now, upon reading and filing the papers in said proceeding, and due deliberation having been had thereon, it is unanimously ordered that the application be and the same hereby is denied and the petition dismissed, without costs or disbursements. Concur — Tom, J.P., Andrias, Renwick, DeGrasse and Abdus-Salaam, JJ.
# C_2021098EN.01002101.xml

| 22.3.2021 | EN | Official Journal of the European Union | C 98/21 |
| --- | --- | --- | --- |

22.3.2021

EN

Official Journal of the European Union

C 98/21

---

Judgment of the General Court of 3 February 2021 — Kande Mupompa v Council

(Case T-116/19) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Retention of the applicant’s name on the lists of persons covered - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Right to property - Presumption of innocence - Proportionality - Plea of illegality)

(2021/C 98/22)

Language of the case: French

Parties

Applicant: Alex Kande Mupompa (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, H. Marcos Fraile, S. Van Overmeire and M.-C. Cadilhac, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2018/1940 of 10 December 2018 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 134, p. 47) and, second, Council Implementing Regulation (EU) 2018/1931 of 10 December 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2018 L 314, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Mr Alex Kande Mupompa to pay the costs. |
| --- | --- |

2.

Orders Mr Alex Kande Mupompa to pay the costs.

---

(1)  OJ C 139, 15.4.2019.

---
EXHIBIT 32.1



Certification of Chief Executive Officer

Pursuant to Section 1350 of Title 18 of the United States Code,

as Adopted Pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002



Pursuant to Section 1350 of Title 18 of the United
States Code, the undersigned, Michael T. Kennedy, the President and Chief Executive Officer of Radnor Holdings Corporation (the Company), hereby certifies that:



The Companys quarterly report on Form 10-Q for the most recent fiscal quarter (the Report) fully complies
with the requirements of Section 15(d) of the Securities Exchange Act of 1934; and



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



|                      |  |  |  |                                                                    
|--------------------- |  |  |  | -------------------------------------------------------------------
|                      |  | 
|Dated: August 6, 2004 |  |  |  | /s/ Michael T. Kennedy                                             
|                      |  |  |  | President and Chief Executive Officer (Principal
Executive Officer)



A signed original of this written
statement 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 32.2



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 Optical Cable Corporation (the Company)
on Form 10-K for the year ended October 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, 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 and Exchange Act of 1934; and (2) the information contained in the Report fairly represents, in all material
respects, the financial conditions and results of operations of the Company as of October 31, 2003, and for the period then ended.



|                                                         
|---------------------------------------------------------
|                                                         
|/s/ Tracy G. Smith                                       
|                                                         
|Tracy G. Smith Vice President and Chief Financial Officer



January 29, 2004
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

 FEBRUARY 29, 2012

JOHN LEY

CLERK

 [DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

 FOR THE ELEVENTH CIRCUIT

 ________________________

 No. 11-12499 

Non-Argument Calendar

 ________________________

 D.C. Docket No. 9:98-cr-08047-DTKH-3

UNITED STATES OF AMERICA, 

lllllllllllllllllllllllllllllllllllllll lPlaintiff – Appellee,

versus

MILLARD CHAVERS, 

lllllllllllllllllllllllllllllllllllllll lDefendant – Appellant.

________________________

 Appeal from the United States District Court

 for the Southern District of Florida

 ________________________

(February 29, 2012)

Before CARNES, WILSON and KRAVITCH, Circuit Judges.

PER CURIAM:

David Joffe, appointed counsel for Millard Chavers in this direct criminal
appeal, has moved to withdraw from further representation of the appellant and

has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18

L.Ed.2d 593 (1967). Our independent review of the entire record reveals that

counsel’s assessment of the relative merit of the appeal is correct. Because

independent examination of the entire record reveals no issues of arguable merit,

counsel’s motion to withdraw is GRANTED, and Chavers’s revised total sentence

is AFFIRMED.

2
#### UNITED STATES of America, Plaintiff-Appellee, v. Elizabeth Laurie LAPLANTE ANGOUS, Defendant-Appellant.

No. 06-30549.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 17, 2008.*

Filed Jan. 8, 2009.

Helen J. Brunner, Esq., Susan M. Harrison, Esq., USSE-Office of the U.S. Attorney, Seattle, WA, for Plaintiff-Appellee.

Suzanne Lee Elliott, Esq., Law Offices of Suzanne Lee Elliott, Seattle, WA, for Defendant-Appellant.

Before: GOODWIN, TROTT, and RYMER, Circuit Judges.

*

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

MEMORANDUM **

Elizabeth Laurie LaPlante Angous appeals from the 95-month sentence imposed following her guilty-plea conviction for bank fraud, wire fraud, fraud and related activity in connection with access devices, misuse of another person’s Social Security number, and aggravated identity theft. Pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), *80Angous’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Our independent review of the record pursuant to *Penson v. Ohio,*488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

Accordingly, counsel’s motion to withdraw is GRANTED. Appellant’s pro se letter, received on November 20, 2008, renewing her request for appointment of new counsel, is ordered filed, and the request is denied. The district court’s judgment is AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provid*80ed by 9th Cir. R. 36-3.
Amd. No. 1 to the Amended and Restated 2006 Long-term Incentive Plan



 Exhibit 10.20 
 AMENDMENT NO. 1 
 TO THE AMENDED AND RESTATED 

 2006 LONG TERM INCENTIVE PLAN FOR 
 NON-EMPLOYEE DIRECTORS OF THE COOPER COMPANIES, INC. 
 WHEREAS, The
Cooper Companies, Inc. (the “Company”) has adopted the Amended and Restated 2006 Long Term Incentive Plan for Non-Employee Directors of the Cooper Companies, Inc. (the “Plan”); and 
 WHEREAS, Section 11 of the Plan permits the Board of Directors of the Company to amend the Plan, subject to certain limitations;
and 
 WHEREAS, the Board of the Company desires to amend the Plan to reduce the amount and adjust the vesting of the
annual grant of restricted stock under Section 6(a) of the Plan; 
 NOW, THEREFORE, the Plan is hereby amended as
follows: 
 FIRST: Section 6(a) of the Plan is hereby amended by deleting the number “1,600” and wherever
it appears and replacing it with “3,000” throughout. 
 SECOND: The first sentence of Section 7 of the Plan
is hereby deleted and replaced with: “On each November 1 each Non-Employee Director shall be granted a Stock Option to purchase up to 7,500 shares of Stock or, in the case of the Lead Director and/or any non-executive Chairman of the
Board, as the case may be, up to 8,250 shares of Stock.” 
 THIRD: The provisions of this amendment shall be
effective October 30, 2009. 
 FOURTH: Except to the extent herein above set forth, the Plan shall remain in full
force and effect. 
 IN WITNESS WHEREOF, the Board of Directors of the Company has caused this Amendment to the Plan to
be executed by a duly authorized officer of the Company. 
  

			
	THE COOPER COMPANIES, INC.
		
	By:	 	 /s/ Daniel G. McBride

		 	Daniel G. McBride, Esq.
		
	Title:	 	Vice President and General Counsel