alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### CB Richard Ellis-Buffalo, LLC, Appellant, v Kunvarji Hotels, Inc., et al., Respondents.

[942 NYS2d 825]

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered July 21, 2011 in a breach of contract action. The order, inter alia, granted defendants’ motion to dismiss plaintiffs complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff, a real estate broker, commenced this action seeking to recover the commission allegedly due for services it provided to defendants in connection with the lease of commercial real property by defendant Kunvarji Hotels, Inc. (KHI). Supreme Court properly granted defendants’ motion to dismiss the complaint and denied plaintiffs cross motion seeking partial summary judgment on liability with respect to the breach of contract and quantum meruit causes of action. Pursuant to CPLR 213, a six-year limitations period applies to the causes of action premised upon breach of contract *(see ElyCruikshank Co. v Bank of Montreal,*81 NY2d 399, 402-403 [1993] ), quantum meruit *(see Erdheim v Gelfman,*303 AD2d 714, 714 [2003], *lv denied*100 NY2d 514 [2003]), and unjust, enrichment *(see Sirico v F.G.G. Prods., Inc.,*71 AD3d 429, 434 [2010]). Each of those causes of action accrued when plaintiff earned its commission, i.e., the date on which KHI and the tenant executed the lease agreement *(see Feinberg Bros. Agency v Berted Realty Co.,*70 NY2d 828, 830 [1987]; *Gronich & Co. v 649 Broadway Equities Co.,*169 AD2d 600, 602 [1991]). The lease agreement was executed in January 2005 and the instant action was commenced more than six years later, on February 23, 2011. Thus, the causes of action at issue are time-barred.

The court properly denied plaintiffs cross motion on the further ground that issue had not been joined *(see*CPLR 3212 [a]; *Matter of Estate of Jason v Herdman,*70 AD3d 1382 [2010]). Finally, we note that plaintiff has not raised any contention in its brief concerning the dismissal of the two remaining causes of action, and thus it has abandoned any issues with respect thereto *(see Ciesinski v Town of Aurora,*202 AD2d 984, 984 [1994] ). Present — Centra, J.P., Peradotto, Sconiers and Martoche, JJ.
Exhibit 99.2





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 World Wireless Communications, Inc. (the Company) on Form 10-Q/A for the period
ending September 30, 2001 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert W. Hathaway, the Vice President of Finance and 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, following due inquiry, that I believe 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 result of operations of the
Company.





Dated: October 11, 2002





WORLD WIRELESS COMMUNICATIONS, INC.By:

/s/    ROBERT W.
HATHAWAYRobert W. Hathaway Vice
President of Finance and Chief Financial Officer
# L_2016039EN.01004401.xml

| 16.2.2016 | EN | Official Journal of the European Union | L 39/44 |
| --- | --- | --- | --- |

16.2.2016

EN

Official Journal of the European Union

L 39/44

---

COUNCIL DECISION (EU) 2016/206

of 12 February 2016

appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Austrian Government,

Whereas:

| (1) | On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. |
| --- | --- |

(1)

On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

| (2) | An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Johannes PEINSTEINER, |
| --- | --- |

(2)

An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Johannes PEINSTEINER,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

| — | Dr Carmen KIEFER, Vizebürgermeisterin der Marktgemeinde Kuchl. |
| --- | --- |

—

Dr Carmen KIEFER, Vizebürgermeisterin der Marktgemeinde Kuchl.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 12 February 2016.

For the Council

The President

J.R.V.A. DIJSSELBLOEM

---

(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

1

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

2

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

3

---
#### Francisco Mendoza TORRES; Susana Zepeda Esquivel, a.k.a. Susanna Cepeda-Quivil, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 09-73986.

United States Court of Appeals, Ninth Circuit.

*251Submitted June 15, 2011.*

Filed June 29, 2011.

Nicomedes E. Suriel, Supervisory, Law Offices of Nicomedes E. Suriel, Phoenix, AZ, for Petitioners.

Craig Alan Newell, Jr., Esquire, Trial, James Arthur Hunolt, Senior Litigation Counsel, U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.

*

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

MEMORANDUM **

Francisco Mendoza Torres and Susana Zepeda Esquivel, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. We review de novo claims of due process violations in removal proceedings. *Colmenar v. INS,*210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Petitioners’ claim that the IJ violated their due process rights by exhibiting bias and interrupting their testimony fails because the proceedings were not so fundamentally unfair that they were prevented from reasonably presenting their case, and they failed to demonstrate prejudice. *See id.*at 971-72; *Lata v. INS,*204 F.3d 1241, 1246 (9th Cir.2000) (requiring prejudice for a petitioner to prevail on a due process claim).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
**Exhibit 32.1**

 

**SECTION 906 CERTIFICATION**

 

The following statement is provided by the undersigned to accompany the foregoing Report on Form 10-K pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and shall not be deemed filed pursuant to any provision of the Securities Exchange Act of 1934 or any other securities law.

 

The undersigned certifies that the foregoing Report on Form 10-K fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. Section 78) and that the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of Broadway Financial Corporation as of and for the year ended December 31, 2019.

 

 
| Date:   July 17, 2020 | By:    | /s/   Wayne-Kent A. Bradshaw     |
|----------------------------|--------|----------------------------------|
|                       |   | Wayne-Kent   A. Bradshaw         |
|                       |   | Chief   Executive Officer        |
|                       |   | Broadway   Financial Corporation |

 

----
<PAGE>

                                                                    EXHIBIT 23.2


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



To the Board of Directors and Stockholders of CD&L, Inc.:


We consent to the incorporation by reference in Registration Statement Nos.
333-3321, 333-3323 and 333-47357 Form S-8 of our report dated March 26, 2004
(April 14, 2004 as to Notes 8 and 14), relating to the consolidated financial
statements and financial statement schedule of CD&L, Inc. as of December 31,
2003 and for the years ended December 31, 2003 and 2002, appearing in this
Annual Report on Form 10-K of CD&L, Inc. for the year ended December 31, 2004.

DELOITTE & TOUCHE LLP


New York, New York
April 13, 2005
# C_2021431EN.01002801.xml

| 25.10.2021 | EN | Official Journal of the European Union | C 431/28 |
| --- | --- | --- | --- |

25.10.2021

EN

Official Journal of the European Union

C 431/28

---

Judgment of the General Court of 8 September 2021 — Spain v Commission

(Case T-554/19) (1)

(Rules on languages - Notice of open competition for the recruitment of administrators in the fields of competition law, financial law, economic and monetary union law, financial rules applicable to the EU budget, and protection of euro coins against counterfeiting - Restriction of the choice of language 2 of the competition to four languages - Regulation No 1 - Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations - Discrimination based on language - Interests of the service - Proportionality)

(2021/C 431/30)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: L. Aguilera Ruiz, acting as Agent)

Defendant: European Commission (represented by: I. Galindo Martín, T. Lilamand and D. Milanowska, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of notice of open competition EPSO/AD/374/19 for the establishment of a reserve list in the fields of competition law, financial law, economic and monetary union law, financial rules applicable to the EU budget, and protection of euro coins against counterfeiting (OJ 2019 C 191 A, p. 1).

Operative part of the judgment

The Court:

| 1. | Annuls notice of open competition EPSO/AD/374/19 for the establishment of a reserve list in the fields of competition law, financial law, economic and monetary union law, financial rules applicable to the EU budget, and protection of euro coins against counterfeiting; |
| --- | --- |

1.

Annuls notice of open competition EPSO/AD/374/19 for the establishment of a reserve list in the fields of competition law, financial law, economic and monetary union law, financial rules applicable to the EU budget, and protection of euro coins against counterfeiting;

| 2. | Orders the European Commission to bear its own costs and to pay those incurred by the Kingdom of Spain. |
| --- | --- |

2.

Orders the European Commission to bear its own costs and to pay those incurred by the Kingdom of Spain.

---

(1)  OJ C 319, 23.9.2019.

---
**Exhibit 13.2**
CertificationPursuant to Section 906 of the Sarbanes-Oxley Act of 2002(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)
Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350,chapter 63 of Title 18, United States Code), each of the undersigned officers of Vale OverseasLimited (the “Company”), does hereby certify, to such officer’s knowledge, that:
The Annual Report on Form 20-F for the year ended December 31, 2004 of the Company fully complieswith the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 andinformation contained in the Form 20-F fairly presents, in all material respects, the financialcondition and results of operations of the Company.
Date: June 2, 2005                                 /s/ Fabio de Oliveira Barbosa   Name:  Fabio de Oliveira Barbosa   Title:  Director and Principal Executive Officer   
Date: June 2, 2005                           /s/ Leonardo Moretzsohn de Andrade   Name:  Leonardo Moretzsohn de Andrade   Title:  Director and Principal Financial Officer
#### Jerome William DEVEREAUX, Petitioner-Appellant, v. David MILLS, Warden, Respondent-Appellee.

No. 07-5208.

United States Court of Appeals, Sixth Circuit.

Jan. 23, 2009.

BEFORE: NORRIS, BATCHELDER, and ROGERS, Circuit Judges.

MEMORANDUM OPINION

PER CURIAM.

Tennessee prisoner Jerome Devereaux appeals from the denial of his petition for a writ of habeas corpus based upon ineffective assistance of trial counsel. Petitioner pleaded guilty to attempted rape of his five year-old granddaughter. The prosecution gave him the choice of pleading guilty to either of two crimes, each carrying a different sentence. He contends that trial counsel did not adequately explain the nuances of this choice, leading him to opt for a plea that resulted in a longer period of incarceration.

Having had an opportunity to review the record, the briefs of the parties, and to *935hear argument from counsel, we affirm the denial of the writ. Petitioner has failed to show, as he must, that the state-court decision is “contrary to” clearly established federal law. 28 U.S.C. § 2254(d)(1). Because the district court issued a reasoned decision with which we agree, an opinion on our part would serve no useful purpose.

The judgment is affirmed based upon the reasoning found in the district court’s memorandum of January 30, 2007, 2007 WL 320963.
#### Warren Infield, Appellant, v Ben Gilbert et al., Respondents.

—Order, Supreme Court, New York County (Allen Myers, J.), entered on or about July 25, 1985, unanimously affirmed for the reasons stated by Myers, J., at Special Term. Respondents shall recover of appellant $75 costs and disbursements of this appeal. Concur—Sandler, J. P., Asch, Lynch, Rosenberger and Ellerin, JJ.
III 

112TH CONGRESS 

1ST SESSION S. RES. 164 

Recognizing the teachers of the United States for their contributions to 

the development and progress of our Nation. 

IN THE SENATE OF THE UNITED STATES 

MAY 4, 2011 

Mr. LAUTENBERG (for himself, Ms. MURKOWSKI, Mrs. MURRAY, Mrs. 

GILLIBRAND, Ms. LANDRIEU, Ms. STABENOW, Mrs. FEINSTEIN, Mr. 

COONS, Mr. SANDERS, Mr. BEGICH, Mr. SCHUMER, Mr. BROWN of Ohio, 

Mr. WARNER, Mr. KOHL, Mr. JOHNSON of South Dakota, and Mr. 

CARDIN) submitted the following resolution; which was considered and 

agreed to 

RESOLUTION 

Recognizing the teachers of the United States for their 

contributions to the development and progress of our Nation. 

Whereas education is the foundation of the current and future strength of the United States; 

Whereas teachers and other education staff have earned and 

deserve the respect of students and communities for selfless dedication to our Nation’s children; 

Whereas the purpose of ‘‘National Teacher Appreciation 

Week’’, which is May 2, 2011, through May 6, 2011, is 

to raise public awareness of the important contributions 

of teachers and to promote greater respect and understanding for the teaching profession; 


jbell on DSKDVH8Z91PROD with BILLS
2 

•SRES 164 ATS 

Whereas the teachers of the United States play an important 

role in preparing children to be positive and contributing 

members of society; and 

Whereas students, schools, communities, and a number of organizations are hosting teacher appreciation events in 

recognition of ‘‘National Teacher Appreciation Week’’: 

Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) thanks teachers for their service; 

3 (2) promotes the profession of teaching; and 

4 (3) encourages students, parents, school admin5 istrators, and public officials to participate in teach6 er appreciation events during ‘‘National Teacher Ap7 preciation Week’’. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

DARRELL ROBERTS,

 Appellant,

v.

THE STATE OF TEXAS,

 Appellee.

§

§

§

§

§

§

No. 08-14-00089-CR

Appeal from the

409th District Court

of El Paso County, Texas

(TC# 20030D01740)

J U D G M E N T

The Court has considered this cause on the record and concludes the appeal should be 

dismissed for want of jurisdiction. We therefore dismiss the appeal for want of jurisdiction. We 

further order this decision be certified below for observance.

IT IS SO ORDERED THIS 23RD DAY OF MAY, 2014.

GUADALUPE RIVERA, Justice

Before McClure, C.J., Rivera, and Rodriguez, JJ.
# Official Journal C 146A/2006

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 146A |
| | |
| English edition | Information and Notices | Volume 4922 June 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 146A

English edition

Information and Notices

Volume 4922 June 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 146A/1 | Common catalogue of agricultural plant species — Third supplement to the 24th complete edition | 1 |

Notice No

Contents

page

I   Information

Commission

2006/C 146A/1

Common catalogue of agricultural plant species — Third supplement to the 24th complete edition

1

---

| EN | |
| --- | --- |

EN
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED FINANCIAL STATEMENTS FILED WITH FORM 10-QSB FOR THE FISCAL QUARTER
ENDED MARCH 31, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
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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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:* Center for Scientific Review Special Emphasis Panel; Small Business: SBIR/STTR Commercialization Readiness Pilot Program.

*Date:* August 18, 2021.

*Time:* 10:00 a.m. to 2:00 p.m.

*Agenda:* To review and evaluate grant applications.

*Place:* National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

*Contact Person:* Allen Richon, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6184, MSC 7892, Bethesda, MD 20892, 301-379-9351, *allen.richon@nih.hhs.gov*.

(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)

Dated: July 27, 2021. 

Miguelina Perez,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2021-16307 Filed 7-29-21; 8:45 am]

BILLING CODE 4140-01-P
#### JOSEPH WHEELER, PLAINTIFF-PETITIONER, v. WILLIS LEE DOLLEY, *ET AL.,*DEFENDANTS-RESPONDENTS.

June 10, 1960.

*Mr. Pearce R. Franklin*for the petitioner.

*Mr. Raymond L. Cunneen*and *Mr. Hugh J. O’Gorman*for the respondents.

Denied.
#### The People of the State of New York, Respondent, v Gregory Norwood, Appellant.

Judgment unanimously affirmed. Counsel’s application to withdraw granted *(see, People v Crawford,*71 AD2d 38). (Appeal from judgment of Erie County Court, Wolfgang, J.—burglary, third degree.) Present —Dillon, P. J., Callahan, Denman, Pine and Schnepp, JJ.