alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Frances M., Appellant, v Jorge M., Respondent.

[945 NYS2d 308]

Order, Family Court, Bronx County (Jennifer S. Burtt, Ref.), entered on or about October 12, 2010, which, after a fact-finding hearing, awarded sole physical and legal custody of the subject child to respondent father with visitation to petitioner mother according to an attached order of visitation, unanimously modified, on the facts, to provide that petitioner have visitation on Mother’s Day from 10:00 a.m. until 7:00 p.m., the child’s birthday from 10:00 a.m. until 3:00 p.m., and, in even years, the Thanksgiving holiday, beginning the Wednesday before Thanksgiving at 5:30 p.m. until the Friday after Thanksgiving at 12:00 p.m., and otherwise affirmed, without costs.

The Referee’s determination that the child’s best interests would be served by awarding custody to respondent, has a sound and substantial basis in the record *(see Eschbach v Eschbach,*56 NY2d 167, 171 [1982]). Indeed, the evidence shows that respondent has provided a healthy, stable environment for the child *425and has provided for the child’s needs since the child was paroled to him in 2000, after a finding of neglect against petitioner. By contrast, the evidence shows that petitioner suffers from emotional, physical, and financial issues that prevent her from putting the child’s needs before her own. Based on the parties’ acrimonious relationship, joint decision making is not in the child’s best interests *(see Reisler v Phillips,*298 AD2d 228, 229-230 [2002]).

We modify the visitation schedule to the extent indicated (see *generally Matter of Blanchard v Blanchard,*304 AD2d 1048, 1050 [2003]).

We have considered petitioner’s remaining contentions and find them unavailing. Concur — Mazzarelli, J.P., Sweeny, DeGrasse, Freedman and Richter, JJ.
<PAGE>


                                                                    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 CD&L, Inc. (the "Company") on
Form 10-K for the year ended December 31, 2005 filed with the Securities and
Exchange Commission (the "Report"), I, Russell J. Reardon, 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) of the
         Securities Exchange Act of 1934; and

     (2) The information contained in the Report fairly presents, in all
         material respects, the consolidated financial condition of the Company
         as of the dates presented and the consolidated results of operations of
         the Company for the periods presented.

Dated: April 3, 2006

                                                      \s\ Russell J. Reardon
                                                      -----------------------
                                                      Russell J. Reardon
                                                      Chief Financial Officer

The foregoing certification is being furnished solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 (subsection (a) and (b) of Section 1350, Chapter
63 of Title 18, United States Code) and is not being filed as part of Form 10-K
or as a separate disclosure statement.

A signed original of this written statement required by Section 906 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.

                                       77
# Official Journal C 222/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2012.222.eng |
| --- | --- |
| Official Journal
  of the European Union | C 222 |
| | |
| English edition | Information and Notices | Volume 5526 July 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2012.222.eng

Official Journal

of the European Union

C 222

English edition

Information and Notices

Volume 5526 July 2012

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 222/01 | Euro exchange rates | 1 |
| 2012/C 222/02 | Appointment of the members of the Commission stakeholder expert group on public procurement | 2 |
| | NOTICES FROM MEMBER STATES |
| 2012/C 222/03 | Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Repeal of public service obligations in respect of scheduled air services (1) | 3 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 222/01

Euro exchange rates

1

2012/C 222/02

Appointment of the members of the Commission stakeholder expert group on public procurement

2

NOTICES FROM MEMBER STATES

2012/C 222/03

Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Repeal of public service obligations in respect of scheduled air services (1)

3

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2012/C 222/04 | Prior notification of a concentration (Case COMP/M.6666 — Oaktree/Marathon/Fitness First) — Candidate case for simplified procedure (1) | 4 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2012/C 222/04

Prior notification of a concentration (Case COMP/M.6666 — Oaktree/Marathon/Fitness First) — Candidate case for simplified procedure (1)

4

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

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

EN
#### O’LEARY, Respondent, v. HOWELL, Appellant.

(Supreme Court, Appellate Division, Second Department.

October 4, 1907.)

Action by John D. O’Leary against Eugene B. Howell, as receiver of the Long Island Real Estate Exchange & Investment Company.

No opinion. Judgment of the County Court of Kings county unanimously affirmed, with costs.
III 

112TH CONGRESS 

1ST SESSION S. RES. 3 

Fixing the hour of daily meeting of the Senate. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 5, 2011 

Mr. REID (for himself and Mr. MCCONNELL) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Fixing the hour of daily meeting of the Senate. 

1 Resolved, That the daily meeting of the Senate be 12 

2 o’clock meridian unless otherwise ordered. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
#### In the Matter of the Arbitration between County of Broome, Appellant, and Charles Croll, as President of the Faculty Association of Broome Community College, Respondent.

—Yesawich, Jr., J.

Appeal from an order of the Supreme Court at Special Term (Ellison, J.), entered May 31, 1985 in Broome County, which denied petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.

In May 1984, the trustees of Broome Community College denied a promotion to an instructor who lacked a Master’s degree in his field. On his behalf, the Faculty Association of Broome Community College (Association) complained that the college’s requirement of a Master’s degree as an indispensable condition of promotion was inconsistent with past practice and an inequitable change in the criteria used to evaluate candidates for advancement. A collective bargaining agreement entered into between the Association and petitioner governed the dispute. Pursuant to the general grievance provisions thereof, the Association sought arbitration.

Petitioner then applied for a stay claiming that the grievance fell within the bargaining agreement’s exclusion from arbitration of "decisions relating to promotions”. The Association responded with, *inter alia,*an affidavit by a member of its team which negotiated that agreement; he attested that although the contracting parties realized that the ultimate *909decision on promotions was not arbitrable, the fairness of the standards and procedures making up the promotional process was a proper subject for arbitration. Noting that the definition in the bargaining agreement of included grievances was broad and covered "any alleged problem with contract interpretation”, Special Term declined to stay the arbitration. This appeal ensued.

We affirm. This court recently addressed essentially the same issue in *Matter of County of Broome (Fitzpatrick)*(111 AD2d 467, *lv denied*65 NY2d 608). There, the controversy concerned whether a grievance fell within a broad arbitration provision or a narrow exclusionary provision of a collective bargaining agreement. In upholding the denial of a stay of arbitration, we concluded that "the parties’ agreement to arbitrate is clear and unequivocal [and] the scope of coverage afforded by particular substantive provisions of the contract is a matter of contract interpretation and application, a matter that is for the arbitrator to resolve *(Board of Educ.*v *Barni,*49 NY2d 311, 314-415 *[sic])” (Matter of Broome [Fitzpatrick], supra,*p 468). The proceeding at hand likewise depends purely on the interpretation of a collective bargaining agreement evincing a clear engagement to arbitrate. Special Term quite rightly deferred that issue to the arbitrator by denying petitioner’s request for a stay.

Order affirmed, with costs. Main, J. P., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.
# Official Journal C 412/2014

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 412 |
| | |
| English edition | Information and Notices | Volume 5719 November 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 412

English edition

Information and Notices

Volume 5719 November 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 412/01 | Euro exchange rates | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 412/01

Euro exchange rates

1

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2014/C 412/02 | Prior notification of a concentration (Case M.7381 — Airbus Services Asia Pacific Pte. Ltd./Singapore Airlines Limited/Airbus Asia Training Centre) — Candidate case for simplified procedure (1) | 2 |
| 2014/C 412/03 | Prior notification of a concentration (Case M.7445 — 3i Group plc/Christ Juweliere und Uhrmacher seit 1863 GmbH) — Candidate case for simplified procedure (1) | 3 |
| | OTHER ACTS |
| | European Commission |
| 2014/C 412/04 | Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 4 |
| 2014/C 412/05 | Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 11 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2014/C 412/02

Prior notification of a concentration (Case M.7381 — Airbus Services Asia Pacific Pte. Ltd./Singapore Airlines Limited/Airbus Asia Training Centre) — Candidate case for simplified procedure (1)

2

2014/C 412/03

Prior notification of a concentration (Case M.7445 — 3i Group plc/Christ Juweliere und Uhrmacher seit 1863 GmbH) — Candidate case for simplified procedure (1)

3

OTHER ACTS

European Commission

2014/C 412/04

Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

4

2014/C 412/05

Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

11

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

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

EN
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE AUDITED
FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED DECEMBER 31, 1996 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          59,846
<SECURITIES>                                         0
<RECEIVABLES>                                   10,730
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               100,812
<PP&E>                                         663,295
<DEPRECIATION>                                  49,242
<TOTAL-ASSETS>                               3,660,168
<CURRENT-LIABILITIES>                        2,141,559
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    107,546
<COMMON>                                       140,453
<OTHER-SE>                                   1,018,993
<TOTAL-LIABILITY-AND-EQUITY>                 3,660,168
<SALES>                                      1,092,399
<TOTAL-REVENUES>                             1,092,399
<CGS>                                                0
<TOTAL-COSTS>                                1,470,573
<OTHER-EXPENSES>                               603,995
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             204,757
<INCOME-PRETAX>                            (1,432,169)
<INCOME-TAX>                                  (11,477)
<INCOME-CONTINUING>                        (1,443,646)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,443,646)
<EPS-PRIMARY>                                   (0.12)
<EPS-DILUTED>                                   (0.12)
        

</TABLE>
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 277 Agreed to Senate (ATS)]

112th CONGRESS
  1st Session
S. RES. 277

Recognizing the month of October 2011 as ``National Principals Month''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2011

Mr. Franken (for himself, Mr. Lugar, Mr. Akaka, Mr. Baucus, Mr. Begich, 
Mr. Cardin, Mrs. Murray, Mr. Warner, and Mrs. Feinstein) submitted the 
        following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
Recognizing the month of October 2011 as ``National Principals Month''.

Whereas the National Association of Secondary School Principals and the National 
        Association of Elementary School Principals have declared the month of 
        October 2011 as ``National Principals Month'';
Whereas principals are educational visionaries, instructional and assessment 
        leaders, disciplinarians, community builders, budget analysts, 
        facilities managers, and administrators of legal and contractual 
        obligations;
Whereas principals work collaboratively with teachers and parents to develop and 
        implement a clear mission, high curriculum standards, and performance 
        goals;
Whereas principals create school environments that facilitate great teaching and 
        learning and continuous school improvement;
Whereas the vision, actions, and dedication of principals provide the mobilizing 
        force behind any school reform effort; and
Whereas the celebration of ``National Principals Month'' would honor elementary 
        school, middle school, and high school principals, and recognize the 
        importance of principals in ensuring that every child has access to a 
        high-quality education: Now, therefore, be it
    Resolved, That the Senate--
            (1) recognizes the month of October 2011 as ``National 
        Principals Month''; and
            (2) honors the contribution of principals in the elementary 
        schools, middle schools, and high schools of our Nation by 
        supporting the goals and ideals of ``National Principals 
        Month''.
                                 <all>
```
<PAGE>      
                                EXHIBIT 21



                         Subsidiaries of the Registrant

                                            State of    Doing Business
Name of Subsidiary                       Incorporation        As
------------------------------------------------------------------------
Bay Area Teleport, Inc.                  Delaware             --
Conticomm, Inc.                          Colorado             --
Fiber Optic Technologies of Oregon, Inc. Oregon               --
Fiber Optic Technologies, Inc.           Colorado             --
Grupo IntelCom de Mexico S.A. de C.V.    Mexico               --
ICG Access Services - Southeast, Inc.
    (formerly known as PrivaCom, Inc.)   Delaware             --
ICG Enhanced Services, Inc.              Colorado             --
ICG Holdings, Inc.
    (formerly known as IntelCom Group    
    (U.S.A.), Inc.)
ICG Holdings-Canada, Inc.                Colorado             --           
    (formerly known as IntelCom Group    Federal              --
    Inc.)                                Canadian
ICG Investments, Inc.                    Colorado             --
ICG Fiber Optic Technologies, Inc.      
    (formerly known as ICG Network
    Services, Inc.)                      Colorado         FOT DataCom
ICG Ohio LINX, Inc.                      Ohio                 --
ICG Satellite Services, Inc.
    (formerly known as Commden Ltd. &
as ICG Wireless Services, Inc.)          Colorado             --
ICG Telecom Canada, Inc.                 Federal              --
                                         Canadian
ICG Telecom Group, Inc.
    (formerly known as the ICG Access    
    Services, Inc.)                      Colorado             --
ICG Telecom of San Diego, L.P.           California           --
ICG Telecom Services, Inc.               Colorado             --
IntelCom Red, S.A. de C.V.               Mexico               --
Maritime Cellular Telecommunications     
    Network, Inc.                        Delaware             --
Maritime Tele-Network, Inc.              Delaware             --
Nova-Net Communications, Inc.            Colorado             --
Phoenix Fiber Access, Inc.               Arizona          ICG Access
                                                           Services
PTI Harbor Bay, Inc.                     Washington           --
TDIJV, Inc                               Colorado             --
Teleport Denver Ltd.                     Colorado             --
TransAmerican Cable, Inc.                Kentucky         MidAmerican
                                                             Cable
UpSouth Corporation                      Georgia              --
Zycom Corporation                        Alberta,             --
                                         Canada
Zycom Corporation                        Texas                --
Zycom Network Services, Inc.             Texas                --
#### In re Rodney Arthur JOHNSON, Debtor. Rodney Arthur Johnson, Plaintiff-Appellant, v. Gregory County Auditor, Defendant-Appellee.

No. 09-6005.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Submitted: Feb. 25, 2009.

Filed: March 11, 2009.

Douglas R. Kettering, Yankton, SD, for appellant.

Sandy Jo Steffen, Gregory, SD, for ap-pellee.

Before FEDERMAN, MAHONEY, and VENTERS, Bankruptcy Judges.

VENTERS, Bankruptcy Judge.

This is an appeal of the bankruptcy court’s order denying a motion for a default judgment and dismissing an adver*314sary complaint seeking damages for alleged violations of the automatic stay or discharge injunction.1 We dismiss the appeal.

Although the caption names the Debtor, Rodney Arthur Johnson, as the Plaintiff-Appellant, Mr. Johnson is not a party to this appeal, nor was he a party to the adversary proceeding, because he died before the complaint was filed in September 2008. Douglas Kettering, the attorney who represented the Debtor in his bankruptcy case prior to his death, filed the underlying adversary proceeding as well as this appeal.

Mr. Kettering has not shown that he has any authority or standing to pursue this appeal, or to bring the underlying adversary action, after the death of his client. The attorney-client relationship between Mr. Kettering and the Debtor terminated upon the Debtor’s death. 7A C.J.S. Attorney & Client § 274 (2008). *See also Kasting v. American Family Mutual Insurance Company,*196 F.R.D. 595, 598 (D.Kan.2000). An attorney cannot file a suggestion of death on behalf of a former client, let alone initiate an adversary proceeding or pursue an appeal. *Id.; In re Klein,*36 B.R. 390, 392 (Bankr.E.D.N.Y.1984).

In the absence of any proof that Mr. Kettering has been appointed as the attorney or representative of the Debtor’s probate estate, Mr. Kettering does not have standing to pursue this appeal (nor did he have standing to initiate the underlying adversary action). We therefore dismiss this appeal for lack of jurisdiction. *See Jones v. Gale,*470 F.3d 1261, 1265 (8th Cir.2006) (standing is a prerequisite to subject matter jurisdiction).

Appeal dismissed.

1

. Honorable Charles L. Nail, Jr., United States Bankruptcy Court, District of South Dakota.
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 24-0093

STATE OF MONTANA,

Plaintiff and Appellee,

v.

BERT GERARD PLAGGEMEYER,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion to voluntarily dismiss 

appeal and good cause appearing, 

IT IS HEREBY ORDERED that Appellant’s appeal in the above 

matter is hereby DISMISSED with prejudice.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

September 27 2024

09/27/2024

Case Number: DA 24-0093
#### The People of the State of New York, Respondent, v Florence Boone, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered September 4,1984, convicting her of manslaughter in the first degree, upon a plea of guilty, and imposing sentence.

Judgment affirmed.

The issue of the adequacy of defendant’s plea allocution is raised for the first time on this appeal and therefore has not been preserved for our review as a matter of law *(People v Pellegrino,*60 NY2d 636). Moreover, under the circumstances of *928this case, the interest of justice does not impel a reversal *(see, People v Jackson,*101 AD2d 893; *People v McKenzie,*88 AD2d 646).

We find no merit in defendant’s claim that her sentence was excessive *(see, People v Kazepis,*101 AD2d 816). Gibbons, J. P., Thompson, Weinstein and Lawrence, JJ., concur.
#### In re ROBERTS.

(Supreme Court, Appellate Division, First Department.

June Term, 1907.)

In the matter of Frederick R. Roberts.

No opinion. Motion denied, with $10 costs.