alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Arbitration between County of Broome et al., Appellants, and Richard Fitzpatrick, as President of the Deputy Sheriff Benevolent Association of Broome County, Local 2012, Council 82, American Federation of State, County and Municipal Employees, AFL-CIO, Respondent.

Yesawich, Jr., J.

Appeal from an order of the Supreme Court at Special Term (Fischer, J.), entered August 21, 1984 in Broome County, which denied petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties and granted respondent’s cross petition to compel arbitration.

Petitioners and respondent were parties to a collective bargaining agreement governing the terms and conditions of employment of most employees of the Broome County Sheriff’s Department. Article 7 of the agreement establishes procedures to be followed in resolving grievances or disputes “over the meaning, application, or interpretation of the express terms of this agreement or any existing law, excluding * * * matters pertaining to * * * transfer or assignment of employees”. The article also declares that the grievance and arbitration procedure outlined therein “shall be the only manner by which such grievances or disputes may be settled”. Article 10 involves work force changes and provides, in relevant part, “If more than one (1) employee applies for the position [i.e., job opening or vacancy], and if the ability to do the job is equal among them, the employees with the greatest seniority * * * shall be selected.”

On February 15,1984, while the agreement was in effect, the Broome County Sheriff posted a notice of a job opening in the detective division. Following the Sheriff’s selection of a candidate to fill the position, four Deputy Sheriffs separately complained that article 10 of the labor agreement entitled them to the opening, rather than the appointee. These Deputy Sheriffs, after exhausting the grievance procedures prescribed by article 7, demanded arbitration. Petitioners then petitioned for a stay of arbitration, claiming that arbitration was unavailable since the alleged grievances involved a transfer or assignment of employees; respondent, in turn, cross-petitioned to compel arbitration. Respondent’s cross petition was granted and this appeal by petitioners followed. We affirm.

*468As Special Term aptly observed, the parties’ agreement to arbitrate is clear and unequivocal. That there is some uncertainty as to whether the grievances are encompassed within article 3, which reserves certain management rights to petitioners, article 7, which excludes matters pertaining to the transfer or assignment of employees, or article 10, which defines the procedure for filling a job opening or vacancy, is not dispositive of whether arbitration is available here for 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).

Order affirmed, with costs. Main, J. P., Weiss, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.
Exhibit 10.10



|                   |  |                                                                                         
|------------------ |  | ----------------------------------------------------------------------------------------
|B E A Systems, Inc |  | 2315 North First Street San Jose, California 95131 Phone: 408.570.8000 Fax: 408-570-8901

LOGO

March 22, 2006

Bill Klein

2315 North First St.

San Jose, CA.

RE:    FY07 Compensation Awards

Dear Bill:

Im happy to advise that the Compensation Committee has approved the following FY07 Equity Awards in recognition of your contributions over the last fiscal year.

Equity

The Compensation Committee approved
the granting of 145,000 non-qualified stock options(standard 4 year vest) as well as 48,333 Restricted Stock Units(RSUs) with a 4 year vest. The options will be priced on the next Unanimous Written Consent at Fair Market Value
and you will receive the option and RSU agreements under separate cover.

FY07 Bonus Plan

Also, please be advised that the FY07 Corporate Bonus Plan will be modified to provide for an annual payout (from the previous semi-annual payout schedule) as well as an
MBO provision for Succession Planning. Please reference the Plan Document for specifics, which will be sent under separate cover

Bill, I deeply appreciate
your contributions and look forward to FY07 with optimism and excitement. Thanks for all of your hard work!
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA F OURTH D ISTRICT

TAVARRESS ALEXANDER WILSON , Appellant,

v.

STATE OF FLORIDA , Appellee

.

No. 4D 18

- 1741

[ January 16 , 20 20 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Jeffrey J. Colbath , Judge; L.T. Case No. 50

- 2015

- CF

008190

- A

.
Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Richard Valuntas, Assi stant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.
Affirmed

.

M AY , D AMOORGIAN and K LINGENSMITH , JJ.,concur.

* * *

Not final until disposition of timely filed motion for rehearing.
<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


         This certification is provided pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, and accompanies the
quarterly report on Form 10-Q for the quarter ended June 29, 2003 (the "Form
10-Q") of LDM Technologies, Inc. (the "Issuer").

         I, Gary E. Borushko, Chief Financial Officer of the Issuer, certify
that:

         (i)      The Form 10-Q fully complies with the requirements of Section
                  13(a) or Section 15(d) of the Securities Exchange Act of 1934
                  (15 U.S.C. 78m(a) or 78o(d)); and

         (ii)     The information contained in the Form 10-Q fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Issuer.

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to LDM Technologies, Inc. and will be
retained by LDM Technologies, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.


Dated:   August 5, 2003



                                                  By:  /s/ G.E. Borushko
                                                  ------------------------------
                                                         Gary E. Borushko
                                                         Chief Financial Officer
                                                         LDM Technologies, Inc.





                                       28
#### The People of the State of New York, Respondent, v Aston Browne, Also Known as Star, Appellant.

[942 NYS2d 380]

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered July 7, 2010, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Defendant initially rejected a plea offer, but subsequently pleaded guilty to criminal sale of a controlled substance in the third degree in satisfaction of a two-count indictment and another uncharged crime. As part of the plea agreement, defendant waived his right to appeal. County Court did not commit to any particular sentence, but advised defendant that he could receive up to nine years in prison and a period of postrelease supervision. The court ultimately sentenced defendant to six years in prison to be followed by two years of postrelease supervision. Defendant now appeals.

Defendant’s sole contention is that his sentence is harsh and excessive. We are, however, precluded from addressing this claim *1293given defendant’s valid waiver of appeal *(see People v Lopez,*6 NY3d 248, 256 [2006]; *People v Moron,*89 AD3d 1234 [2011]). Therefore, the judgment is affirmed.

Peters, EJ., Mercure, Malone Jr., Kavanagh and Stein, JJ., concur. Ordered that the judgment is affirmed.
[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Notices]
[Page 40863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16161]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Biomedical Imaging and Bioengineering; 
Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of a meeting of the National Institute 
of Biomedical Imaging and Bioengineering Special Emphasis Panel.
    The meetings 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: National Institute of Biomedical Imaging and 
Bioengineering Special Emphasis Panel; P41 NCBIB Review F-SEP.
    Date: October 25-26, 2021.
    Time: 09:00 a.m. to 4:30 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Democracy II, 6707 
Democracy Blvd., Bethesda, MD 20892 (Virtual Meeting).
    Contact Person: Dennis Hlasta, Ph.D., Scientific Review Officer, 
National Institute of Biomedical Imaging and Bioengineering, 
National Institutes of Health, 6707 Democracy Blvd., Bethesda, MD 
20892, (301) 451-3398, <a href="/cdn-cgi/l/email-protection#7014151e1e19035e181c11030411301d11191c5e1e19185e171f06"><span class="__cf_email__" data-cfemail="7a1e1f141413095412161b090e1b3a171b131654141312541d150c">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.866, 
National Institute of Biomedical Imaging and Bioengineering, 
National Institutes of Health, HHS)

    Dated: July 23, 2021.
David W. Freeman,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2021-16161 Filed 7-28-21; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
**EXHIBIT 12.1****CERTIFICATION**I, Prof. Dr. Henning Kagermann, certify that: 1. I have reviewed this Annual Report on Form 20-F of SAP AG;  2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material factnecessary to make the statements made, in light of thecircumstances under which such statements were made, not misleadingwith respect to the period covered by this report;  3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present inall material respects the financial condition, results ofoperations and cash flows of the company as of, and for, theperiods presented in this report;  4. The company’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for thecompany and have: a. Designed such disclosurecontrols and procedures, orcaused such disclosurecontrols and procedures to bedesigned under oursupervision, to ensure thatmaterial information relatingto the company, including itsconsolidated subsidiaries, ismade known to us by otherswithin those entities,particularly during the periodin which this report is beingprepared;  b. Evaluated the effectiveness ofthe company’s disclosurecontrols and procedures andpresented in this report ourconclusions about theeffectiveness of thedisclosure controls andprocedures, as of the end ofthe period covered by thisreport based on suchevaluation; and  c. Disclosed in this report anychange in the company’sinternal control overfinancial reporting thatoccurred during the periodcovered by the annual reportthat has materially affected,or is reasonably likely tomaterially affect, thecompany’s internal controlover financial reporting; and 5. The company’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control overfinancial reporting, to the company’s auditors and the auditcommittee of the company’s board of directors (or personsperforming the equivalent function): a. All significant deficienciesand material weaknesses in thedesign or operation ofinternal control overfinancial reporting which arereasonably likely to adverselyaffect the company’s abilityto record, process, summarizeand report financialinformation; and  b. Any fraud, whether or notmaterial, that involvesmanagement or other employeeswho have a significant role inthe company’s internal controlover financial reporting.     Date: March 22, 2006
EXHIBIT 31.1

                                  CERTIFICATION

I, Kathy Bright, certify that:

1. I have reviewed this Form 10-QSB of Radix Marine, 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 report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer'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 small business issuer and
have:

(a) Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the small business issuer, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the small business issuer'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 small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

5. The small business issuer's other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer's board of directors (or persons performing the
equivalent functions):

(a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer'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 small business issuer's internal
control over financial reporting.





Date: May 24, 2005
                                    /s/ Kathy Bright
                                    -----------------------
                                    Kathy Bright
                                    Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FORM
10-QSB FOR THE QUARTERLY PERIOD ENDING JUNE 30, 1999 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH 10-QSB.
</LEGEND>
<MULTIPLIER>                    1000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           6,144
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                 2,196
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     21,903
<INVESTMENTS-CARRYING>                          15,885
<INVESTMENTS-MARKET>                            15,706
<LOANS>                                         96,357
<ALLOWANCE>                                        944
<TOTAL-ASSETS>                                 147,704
<DEPOSITS>                                     130,377
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                              2,026
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,160
<OTHER-SE>                                      13,141
<TOTAL-LIABILITIES-AND-EQUITY>                 147,704
<INTEREST-LOAN>                                  4,180
<INTEREST-INVEST>                                1,104
<INTEREST-OTHER>                                   198
<INTEREST-TOTAL>                                 5,482
<INTEREST-DEPOSIT>                               2,783
<INTEREST-EXPENSE>                               2,810
<INTEREST-INCOME-NET>                            2,672
<LOAN-LOSSES>                                      150
<SECURITIES-GAINS>                                   4
<EXPENSE-OTHER>                                  1,856
<INCOME-PRETAX>                                  1,010
<INCOME-PRE-EXTRAORDINARY>                       1,010
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       752
<EPS-BASIC>                                     1.05
<EPS-DILUTED>                                     1.04
<YIELD-ACTUAL>                                    4.02
<LOANS-NON>                                        306
<LOANS-PAST>                                       334
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   877
<CHARGE-OFFS>                                      167
<RECOVERIES>                                        84
<ALLOWANCE-CLOSE>                                  944
<ALLOWANCE-DOMESTIC>                               944
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            561



</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 and nine months
ended September 30, 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


November
10, 2009
#### The People of the State of New York, Respondent, v Raymond Boute and Cadette Sawyer, Appellants.

Appeal by defendants Cadette Sawyer and Raymond Boute from two judgments (one as to each of them) of the Supreme Court, Kings *399County (Kooper, J.), both rendered November 16,1982, convicting them of reckless endangerment in the first degree and criminal possession of a weapon in the second degree (two counts), upon jury verdicts, and imposing sentences.

Judgments affirmed.

The jury’s conclusion that the defendants were guilty of reckless endangerment in the first degree (Penal Law § 120.25) is supported by legally sufficient evidence *(cf. People v Restrepo,*93 AD2d 825; *People v Ramirez,*79 AD2d 978). Also, the jury’s finding that the People had disproved the defense of justification beyond a reasonable doubt is not against the weight of the evidence. Neither defendant voiced an objection to the trial court’s supposedly misleading instruction as to the applicability of the defense of justification to the crime of reckless endangerment, or the court’s failure to deliver an instruction as to identification. These claims are therefore not preserved for review (CPL 470.05 [2]; *People v Richburg,*109 AD2d 899; *People v Doctor,*98 AD2d 780). Also, although the prosecutor did not strictly confine his remarks in summation to matters within the four corners of the evidence, the trial court’s admonitions and curative instructions served to eliminate any possibility of prejudice *(see, People v Cuevas,*99 AD2d 553; *People v McCloskey,*92 AD2d 672). Defendant’s remaining contentions have been reviewed and are without merit. O’Connor, J. P., Brown, Niehoff and Lawrence, JJ., concur.
# C_2016482EN.01000101.xml

| 23.12.2016 | EN | Official Journal of the European Union | C 482/1 |
| --- | --- | --- | --- |

23.12.2016

EN

Official Journal of the European Union

C 482/1

---

EUROPEAN PARLIAMENT

EUROPEAN PARLIAMENT

2013-2014 SESSION

Sittings of 13 to 16 January 2014

The Minutes of this session have been published in

  OJ C 464, 23.12.2014
  .

The Minutes of this session have been published in

OJ C 464, 23.12.2014

TEXTS ADOPTED

---
GERRY LESTER RICHARDSON

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 16

- 1151

_____________________________/

Opinion filed July 6, 2016.

An appeal from an order of the Circuit Court for Duval County

. Linda F. McCallum , Judge

.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public

Defender, Tallahassee , for App ellant.

Pamela Jo Bondi, Attorney General, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

LEWIS, WETHERELL, and RAY, JJ., CONCUR.