alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Muhammad Shahid Nazir, Appellant, v Charge & Ride, Inc., Respondent.

[945 NYS2d 179]—

In a proceeding pursuant to CELR article 78 to review a determination of Charge & Ride, Inc., dated April 15, 2010, which, after a hearing, expelled the petitioner from membership in and terminated the petitioner’s affiliation with Charge *&*Ride, Inc., the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Rosengarten, J.), entered December 29, 2010, which granted the motion of Charge & Ride, Inc., pursuant to CELR 3211 (a) and 7804 (f) to dismiss the petition, and dismissed the proceeding.

Ordered that the order and judgment is affirmed, with costs.

“Generally, ‘one who objects to the act of an administrative agency must exhaust available administrative remedies before being permitted to litigate in a court of law’ ” *(Matter of Laureiro v New York City Dept. of Consumer Affairs,*41 AD3d 717, 719 [2007], quoting *Watergate II Apts. v Buffalo Sewer Auth.,*46 NY2d 52, 57 [1978]; *see Matter of Murray v Downey,*48 AD3d 817, 818 [2008]; *Matter of Dorme v Slingerland,*41 *1216AD3d 596 [2007]). “[E]xhaustion of administrative remedies is not required where an agency’s action is challenged as either unconstitutional or wholly beyond its grant of power, when resort to an administrative remedy would be futile, or when its pursuit would cause irreparable injury” *(Matter of Laureiro v New York City Dept. of Consumer Affairs,*41 AD3d at 719; *see Watergate II Apts. v Buffalo Sewer Auth.,*46 NY2d at 57; *Matter of Beyah v Scully,*143 AD2d 903 [1988]). Since a quasi administrative membership determination made by a private corporation is subject to review pursuant to CPLR article 78 *(see Matter of Guldal v Inta-Boro Two-Way Assn., Inc.,*74 AD3d 1198 [2010]; *Goldin v Engineers Country Club,*54 AD3d 658, 559 [2008]; *Matter of Murphy v St. Agnes Hosp.,*107 AD2d 685, 687 [1985]), the requirement that a petitioner exhaust his or her administrative remedies prior to seeking judicial review applies to such a determination as well *(see generally Matter of Gerard v Section III of N. Y. State Pub. High School Athletic Assn.,*210 AD2d 938, 939 [1994]; *Matter of Reale v Patrolmen’s Benevolent Assn., of N.Y. City Tr. Police Dept.,*90 AD2d 755, 755 [1982], *revd on other grounds*59 NY2d 901 [1983]).

As the petitioner never sought review of his case by the respondent’s membership division, and there is no basis to conclude on this record that such an attempt would have been futile *(see Matter of Hanchard v Facilities Dev. Corp.,*85 NY2d 638, 645 [1995]; *Matter of Ward v Bennett,*174 AD2d 681 [1991], *mod*79 NY2d 394 [1992]; *Petosa v City of New York,*135 AD2d 800, 803 [1987]), the Supreme Court properly granted the respondent’s motion to dismiss the petition for failure to exhaust administrative remedies and dismissed the proceeding, and we do not reach the merits of the petition. Rivera, J.P., *Chambers, Roman and*Miller, JJ., concur.
AO 450(Rev. $/85)ludgment in a Civil Case

United States District Court
Northern District of Illinois

Eastern Division

Gardner JUDGMENT IN A CIVIL CASE
v. Case Number: 02 C 4575

Streamwood Behavioral

Oo Jury Verdict. This action came before the Court for a trial by jury. The issues have been
tried and the jury rendered its verdict.

Oo Decision by Court. This action came to trial or hearing before the Court. The issues
have been tried or heard and a decision has been rendered.

IT IS HEREBY ORDERED AND ADJUDGED that summary judgment is entered in favor of
Defendant and against Plaintiff, Ara Gardner. Case terminated.

PAREN

SEP 9 9 2004

Date: 9/30/2004

pes Johnson, Depiity Clotk
# Official Journal C 339/2019

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 339 |
| | |
| English edition | Information and Notices | Volume 628 October 2019 |

ISSN 1977-091X

Official Journal

of the European Union

C 339

English edition

Information and Notices

Volume 628 October 2019

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| 2019/C 339/01 | Statement of revenue and expenditure of the European Securities and Markets Authority (ESMA) for the financial year 2019 — Amending budget No 1 | 1 |

Contents

page

IV   Notices

2019/C 339/01

Statement of revenue and expenditure of the European Securities and Markets Authority (ESMA) for the financial year 2019 — Amending budget No 1

1

---

All amounts in this budget document are expressed in euro unless otherwise indicated.

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

EN
Case: 1:01-cr-01129 Document #: 57 Filed: 03/22/05 Page 1 of 8 PageID #:419
Case: 1:01-cr-01129 Document #: 57 Filed: 03/22/05 Page 2 of 8 PageID #:420
Case: 1:01-cr-01129 Document #: 57 Filed: 03/22/05 Page 3 of 8 PageID #:421
Case: 1:01-cr-01129 Document #: 57 Filed: 03/22/05 Page 4 of 8 PageID #:422
Case: 1:01-cr-01129 Document #: 57 Filed: 03/22/05 Page 5 of 8 PageID #:423
Case: 1:01-cr-01129 Document #: 57 Filed: 03/22/05 Page 6 of 8 PageID #:424
Case: 1:01-cr-01129 Document #: 57 Filed: 03/22/05 Page 7 of 8 PageID #:425
Case: 1:01-cr-01129 Document #: 57 Filed: 03/22/05 Page 8 of 8 PageID #:426
# Official Journal C 234/2006

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 234 |
| | |
| English edition | Information and Notices | Volume 4929 September 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 234

English edition

Information and Notices

Volume 4929 September 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 234/1 | Euro exchange rates | 1 |
| 2006/C 234/2 | Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 2 |
| 2006/C 234/3 | Prior notification of a concentration (Case COMP/M.4385 — HSBC/Lamda/Olympia Village) — Candidate case for simplified procedure (1) | 8 |
| 2006/C 234/4 | Communication from the Commission on the estimated availability of financial resources for granting of restructuring aid for the 2006/2007 marketing year, in the framework of the implementation of Council Regulation (EC) No 320/2006 establishing a temporary restructuring scheme for the sugar industry in the Community | 9 |

Notice No

Contents

page

I   Information

Commission

2006/C 234/1

Euro exchange rates

1

2006/C 234/2

Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

2

2006/C 234/3

Prior notification of a concentration (Case COMP/M.4385 — HSBC/Lamda/Olympia Village) — Candidate case for simplified procedure (1)

8

2006/C 234/4

Communication from the Commission on the estimated availability of financial resources for granting of restructuring aid for the 2006/2007 marketing year, in the framework of the implementation of Council Regulation (EC) No 320/2006 establishing a temporary restructuring scheme for the sugar industry in the Community

9

---

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

---

(1)   Text with EEA relevance

1

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

EN
#### Parks *v.*Craig.

April 22, 1915.

Action for damages. Before Judge Patterson. Gilmer superior court. July 6, 1914.

*T. A. Brown*and *A. N. Edwards,*for plaintiff in error.

*A. H. Burtz,*contra.

Hill, *J.*

There is no merit in any of the special assignments of error. The verdict is supported by the evidence, and the court did not err in refusing the motion for a new trial.

*Judgment affirmed.*

*All the Justices concur, except Fish, O. J., absent.*
II

105TH CONGRESS

1ST SESSION S. 105

To repeal the habeas corpus requirement that a Federal court defer to

State court judgments and uphold a conviction regardless of whether

the Federal court believes that the State court erroneously interpreted

constitutional law, except in cases where the Federal court believes the

State court acted in an unreasonable manner.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

Mr. MOYNIHAN introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To repeal the habeas corpus requirement that a Federal

court defer to State court judgments and uphold a conviction regardless of whether the Federal court believes

that the State court erroneously interpreted constitutional law, except in cases where the Federal court believes the State court acted in an unreasonable manner.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 105 IS

1 SECTION 1. REPEAL OF THE REQUIREMENT THAT A FED2 ERAL COURT DEFER TO A STATE COURT UN3 LESS THE STATE COURT ACTED IN AN UN4 REASONABLE MANNER IN HABEAS CORPUS

5 CASES.

6 (a) REPEAL.—Subsection (d) of section 2254 of title

7 28, United States Code, is repealed.

8 (b) CONFORMING AMENDMENT.—Section 2264(b) of

9 title 28, United States Code, is amended by striking ‘‘,

10 (d),’’.

Æ
#### Juliana McGuire, an Infant, by Her Father, William McGuire, et al., Respondents, v General Electric Company et al., Appellants.

—Order of the Supreme Court, Bronx County (Irwin Silbowitz, J.), entered March 5, 1985, which denied defendants’ motion for a change of venue from Bronx County to Westchester County, is unanimously reversed, on the law and the facts, without costs.

This is an action to recover for personal injuries sustained by the infant plaintiff when she was struck by a motor vehicle owned by defendant General Electric and left unattended by a General Electric employee, defendant Michael Roche. The accident took place in the Village of Larchmont in Westchester County. A Larchmont police officer investigated the accident. The two nonparty eyewitnesses to the accident, who have expressed their willingness to testify at trial, are residents of Larchmont. Additionally, infant plaintiff was treated at the New Rochelle Hospital and plaintiffs reside in Larchmont. The action, however, was commenced in Bronx County, based on the claimed residence of defendant Roche within that county. After issue was joined, defendants moved pursuant to CPLR 510 (3) for a change of venue to Westchester County based on the convenience of material witnesses and to promote the ends of justice. Despite the fact that the action’s only connection to Bronx County was the residence of one of the defendants, Special Term denied the motion.

Determination of a motion for a change of venue lies within the discretion of the court and that determination will not be reversed absent an abuse of discretion or a finding that the court erred in coming to the conclusion that it did. *(Wecht v Glen Distribs. Co.,*112 AD2d 891.) Defendant’s clear showing that the great preponderance of factors favors venue in Westchester County leads us to conclude that Special Term abused its discretion and erred in denying the motion.

This court has long followed the general rule that, all things *524being equal, a transitory action should be tried in the county in which the cause of action arose. *(Chaewsky v Siena Coll.,*100 AD2d 753; *De Jesus v Wallkill Auto Sales Corp.,*76 AD2d 812; *Chung v Kivell,*57 AD2d 790; *Slavin v Whispell,*5 AD2d 296, 297-298.) If plaintiff can demonstrate that a large preponderance of witnesses reside in a county different from that where the cause of action arose, then a venue other than that where the cause of action arose may be indicated. *(Slavin v Whispell,*5 AD2d, at p 298.) However, this is not the case here, since plaintiff has failed to make such a showing. Rather, it is clear from the facts cited above that the preponderance of material, nonparty witnesses reside or work in Westchester County, thus favoring the transfer of venue there. Additionally, all relevant medical and police records are situated in Westchester County. Accordingly, the motion to transfer venue to Westchester County should be granted. Concur—Sullivan, J. P., Carro, Asch, Kassal and Rosenberger, JJ.
1 In The 

### Court of Appeals Ninth District of Texas at Beaumont

________________ NO. 09
- 14
- 00174
- CR

________________ CHARLES EDWARD RICE , Appellant
V. THE STATE OF TEXAS, Appellee

__________________________________________________________________ Criminal District Court Jefferson County, Texas Trial Cause No. 13
- 16753

__________________________________________________________________ ORDER The a ppellant filed an affidavit of indigency , which was signed by appellant’s trial counsel rather than by appellant. Although appellant did not properly request indigent status pursuant to the requirements of Rule 20.2 of the Texas Rules of Appellate Procedure, the Court will abate the appeal and remand the cause to the trial court to give the appellant the o pportunity to present his motion to the trial court.2 It is ORDERED that the trial court conduct a hearing to determine whether appellant has been deprived of an appellate record because of ineffective assistance of counsel or for any other reason. The tri al court shall further determine whether appellant desires to prosecute his appeal, whether appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal. The judge shall take such measures as may be necessary to assure effec tive representation of counsel, which may include appointment of new counsel or ordering that all or part of the record be furnished without charge to the appellant. If appellant proceeds pro se , he must be admonished regarding the consequences of his decision in accordance with article 1.051 of the Texas Code of Criminal Procedure. For this purpose the trial court shall conduct such hearings as may be necessary, make findings of fact and conclus ions of law, and prepare a record of the proceeding. The record of the hearing, including any orders and findings of the trial judge, shall be filed in the Court of Appeals by June 30, 2014. ORDER ENTERED May 29, 2014.
PER CURIAM
B efore McKeithe n, C.J., Kreger and Johnson, JJ
[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Page 37195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15085]


=======================================================================
-----------------------------------------------------------------------

NATIONAL SCIENCE FOUNDATION


Sunshine Act Meetings

    The National Science Board's Awards and Facilities Committee hereby 
gives notice of the scheduling of a teleconference for the transaction 
of National Science Board business, as follows:

TIME AND DATE: Monday, July 19, 2021, from 12:00-1:00 p.m. EDT.

PLACE: This meeting will be held by teleconference through the National 
Science Foundation.

STATUS: Closed.

MATTERS TO BE CONSIDERED: The agenda of the teleconference is Committee 
Chair's Opening Remarks; discussion of context of the Arecibo 
Observatory clean-up costs award; and Committee Chair's Closing 
Remarks.

CONTACT PERSON FOR MORE INFORMATION:  Point of contact for this meeting 
is: Michelle McCrackin, <a href="/cdn-cgi/l/email-protection#bcd1d1dfdfcedddfd7fcd2cfda92dbd3ca"><span class="__cf_email__" data-cfemail="d0bdbdb3b3a2b1b3bb90bea3b6feb7bfa6">[email protected]</span></a>, (703) 292-7000. Meeting 
information and updates may be found at the National Science Board 
website www.nsf.gov/nsb.

Chris Blair,
Executive Assistant to the National Science Board Office.
[FR Doc. 2021-15085 Filed 7-12-21; 4:15 pm]
BILLING CODE 7555-01-P


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        AMENDMENT NUMBER ONE  TO THE EXELON CORPORATION  SENIOR MANAGEMENT SEVERANCE PLAN  (As Amended and Restated)        WHEREAS, Exelon Corporation (the “Company”) maintains the Exelon  Corporation Senior Management Severance Plan, as amended and restated effective January 1,  2020 (the “Plan”);      WHEREAS, the Company desires to amend the Plan to clarify one if its  definitions.      NOW, THEREFORE, the Plan is amended, effective with respect to  Terminations of Employment occurring on or after June 1, 2021, as follows:      Section 7.23 of the Plan is amended to delete the word “reports” and substitute in its  place the words “reported for the two continuous year period ending on the Termination  Date”.                IN WITNESS WHEREOF, the Company has caused this amendment to be  executed this __day of June 2021.            Exelon Corporation                By: _____________________________________               Senior Vice President &          Chief Human Resources Officer
Exhibit 32

                            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 American Soil Technologies, Inc. (the
"Company") on Form 10-QSB for the period ending June 30, 2007 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Carl P.
Ranno, Chief Executive Officer, President, and Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.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 result of operations of
          the Company.



Carl P. Ranno
-----------------------------------
Chief Executive Officer, President,
and Chief Financial Officer
August 15, 2007
Case: 1:00-cv-08008 Document #: 1 Filed: 12/21/00 Page 1 of 13 PageID #:1
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COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Marcos Jimenez v. The State of Texas

Appellate case number: 01-15-00501-CR & 01-15-00506-CR

Trial court case number: 13CR1173 & 13CR1517

Trial court: 10th District Court of Galveston County

In his brief, appellant Marcos Jimenez has notified the Court that the trial 

court did not issue findings of fact and conclusions of law as to Jackson v. Denno1

suppression issues. The State concedes that the appeal should be abated so that the 

trial court can issue findings of fact and conclusions of law.

We abate the appeal and remand for the trial court to enter written findings 

of fact and conclusions of law, separate and apart from any docket sheet notations 

in this case, in conjunction with the trial court’s denial of Jimenez’s motion to 

suppress. See State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006) 

(holding that trial court must provide findings of fact and conclusions of law 

adequate to provide appellate court with basis to review trial court’s application of 

law to facts, either in writing or on record at hearing); Wicker v. State, 740 S.W.2d 

779, 784 (Tex. Crim. App. 1987); TEX. R. APP. P. 44.4. 

The trial court shall make the appropriate findings and conclusions and shall 

cause them to be filed with the trial court clerk within 20 days of the date of this 

order. We further order the trial court clerk to file a supplemental clerk’s record 

containing the trial court’s findings of fact and conclusions of law with this Court 

within 30 days of the date of this order.

 

1 378 U.S. 368, 380, 84 S. Ct. 1774, 1782–83 (1964).
Jimenez will be permitted to file an amended brief within 30 days after the 

supplemental clerk’s record is filed in this Court. The State will be permitted to 

file an amended brief within 30 days after Jimenez has filed his amended brief.

This appeal is abated, treated as a closed case, and removed from this 

Court’s active docket. The appeal will be reinstated on this Court’s active docket 

without further order of the Court when the supplemental clerk’s record is filed in 

this Court.

It is so ORDERED.

Judge’s signature: /s/ Sherry Radack

 Acting individually  Acting for the Court

Date: January 28, 2016