alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Gianna W., an Infant. Jessica S., Appellant; Saint Dominic’s Home, Respondent, et al., Petitioner.

[946 NYS2d 172]

Order, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about May 10, 2011, which, to the extent appealed from as limited by the briefs, upon a finding that respondent mother had violated the terms of a suspended judgment, terminated her parental rights to the subject child, and committed custody and guardianship of the child to petitioner agency and the Commissioner of the Administration for Children’s Services for the purpose of adoption, unanimously reversed, on the law and the facts, without costs, the disposition as to the child vacated, and the matter remanded for an immediate hearing as to the child’s best interests.

The mother does not dispute the court’s finding that she violated the terms of the suspended judgment by not obtaining suitable housing. However, she does challenge the determination to terminate her parental rights as a result of that violation. In particular, the mother argues that it was improper to terminate her parental rights on the sole ground that she had failed to obtain suitable housing, and without hearing current evidence as to the child’s best interests.

Contrary to the mother’s contention, a court may terminate parental rights after a finding of noncompliance with a suspended judgment *(Matter of Kendra C.R. [Charles R.],*68 AD3d 467, 467-468 [2009], *lv dismissed in part and denied in part*14 NY3d 870 [2010]), even where, as here, the sole ground for noncompliance is the failure to secure suitable housing. Indeed, the failure to obtain suitable housing is a “material violation of the terms of the suspended judgment, and constitute [s] independent grounds for revocation” *(id.*at 467).

However, the matter should be remanded for a dispositional hearing with respect to the best interests of the child. The Family Court limited all evidence at the violation hearing to facts occurring up until the filing of the violation petition. Although this was proper with respect to the fact-finding portion of the hearing, evidence of matters that occurred after the filing of the petition is “relevant to the issue of the child’s best interests, and [should have been] considered at the dispositional [phase of the] hearing” *(Matter of Christian Lee R.,*38 AD3d 235, 235 *546[2007], *lv denied 8*NY3d 813 [2007]), especially where, as here, there is evidence that the mother complied with all other agency requirements. She visited regularly with the child every weekend, remained sober and maintained steady employment since her release from prison and obtained suitable housing by the time of the hearing. Concur — Andrias, J.P., Friedman, Sweeny, Manzanet-Daniels and Román, JJ.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. B E R YL C HR I S B UI Z A S I L VA , D e f

e n d a n t - A p p e lla n t. N o. 11- 10554 D . C. N o . 3 : 1 1 - c r - 0 0 0 5 3 - J SW ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e N o rth e rn D is tr ic t o f C a lif o rn ia J e f f r e yS . W hi t e , D i s tr i c tJ udge , P r e s i di ng S ubm i tt e d J une 26, 2012 ** B efo re: S C H R O E D E R , H A W K IN S , an dG O U L D , C i rcu i tJu d g es. B eryl C hri s B ui zaS i l va appeal s f rom the 60 -m on th sent ence i m po se d f ol l ow i ng hi s gui l ty - pl e ac onvi c t i on f orr e e ntryof

ar e m ove d a l i e n, i n vi ol a t i on of 8 U . S. C. § 1 3 2 6 . W e h a v e j u r i s d i c t i o n u n d e r2 8 U . S. C. § 1 2 9 1 , a n dw e a f f i rm. 

# FI LED JU N 29 2012 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS11- 10554 2 S ilv ac o n te n d s th a t h is b e lo w - G u id e lin e s s e n te n c e is s u b s ta n tiv e ly un re as on abl e bec ause the di stri ctcourtfocuse d t oo heavi l y on h i s 200 1 agg ravat ed f e l onyc onvi c t i on a nd f

a i l e d t o gi ve s uf

f i c i e ntw e i ghtt o the m i t i ga t i ng s e nt e nc i ng f a c t or s . T he s e nt e nc e i m pos e d i s s ubs t a nt i ve l yr e a s onabl e i n l i ghtof the t ot a l i tyof th e c ir c u m s ta n c e s a n d th e 1 8 U .S .C . § 3 5 5 3 ( a ) s e n te n c in g f a c to r s . See G al l

v. U ni ted States , 55 2 U . S . 38 , 51 (200 7). S i l vaa l s o c ont e nds tha thi s s e nt e nc e t o a n a ggr a va t e d t e rm of i nc a r c e r a t i on unde r8 U . S . C . § 1326( b) ( 2) w a s i m pr ope rbe c aus e the gove rnm e ntdi d nota l l e ge i n th e i n d i c tm e n tth a th e wa s p r e v i o u s l yc o n v i c t e do f a n a g g r a v a t e df

e l o n y . As S i l v a co n ced es, th i s co n t en t i o n i s fo recl o sed b y A lm enda rez- T orres v . U

ni ted States , 5 2 3 U .S . 2 2 4 ( 1 9 9 8 ) . See U ni te d State s v . P ac he c o- Ze pe da , 234 F . 3d 411, 41 2 (9th C i r. 20 00 ). AF F I RME D.
# Official Journal C 295A/8 Se

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 295A |
| | |
| English edition | Information and Notices | Volume 588 September 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 295A

English edition

Information and Notices

Volume 588 September 2015

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Parliament |
| 2015/C 295A/01 | Recruitment notice PE/186/S | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Parliament

2015/C 295A/01

Recruitment notice PE/186/S

1

---

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

EN
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 95-50850 

Conference Calendar

 

NICHOLAS CASTILLO,

Plaintiff-Appellant,

versus

JACK KYLE ET AL.,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. A-95-CV-325

- - - - - - - - - -

April 18, 1996

Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Nicholas Castillo appeals the district court’s dismissal of

his civil rights suit as frivolous. He argues that the district

court erred in determining that the change in the interval in his

parole review did not run afoul the Ex Post Facto Clause. We

have reviewed the record and determined that the district court

did not abuse its discretion. Allison v. Kyle, 66 F.3d 71, 73-74

(5th Cir. 1995).

AFFIRMED.
#### Whitaker *v.*Ware & Harper.

July 14, 1915.

Complaint. Before Judge Pendleton. Fulton superior court. June 18, 1914.

*Hewlett, Dennis & Whitman,*for plaintiff in error.

*Moore &.Pomeroy,*contra.

Beck, J.

Under the evidence no verdict other than that directed by the court could properly have been returned in this case. The evidence demanding a verdict for the plaintiffs, the court’s direction of a finding in their favor will not be disturbed.

*Judgment affirmed.*

*All the Justices concur.*
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<PAGE>   1


                                                                    EXHIBIT 23.1

                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement on
Form S-3 (Nos. 333-96277 and 333-95313) and in the related Prospectuses and in
the Registration Statements on Form S-8 (Nos. 333-60699, 333-60703, 333-00864,
333-06779, and 333-08535) of GelTex Pharmaceuticals, Inc. of our report dated
February 22, 2000, with respect to the consolidated financial statements of
GelTex Pharmaceuticals, Inc. included in this Annual Report on Form 10-K for
the year ended December 31, 1999.

                                           /s/ Ernst & Young LLP

Boston, Massachusetts
March 28, 2000
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-6718

CHESTER A. BOWDEN,

Petitioner - Appellant,

versus

CORDELIA M. CLARK,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. Terrence W. Boyle,

District Judge. (CA-04-614-5-BO)

Submitted: November 17, 2005 Decided: November 23, 2005

Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Chester A. Bowden, Appellant Pro Se. Clarence Joe DelForge, III,

NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Chester A. Bowden, a state prisoner, seeks to appeal the

district court’s order dismissing as untimely his petition under 28

U.S.C. § 2254 (2000). The order is not appealable unless a circuit

justice or judge issues a certificate of appealability. 28 U.S.C.

§ 2253(c)(1) (2000). A certificate of appealability will not issue

absent “a substantial showing of the denial of a constitutional

right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this

standard by demonstrating that reasonable jurists would find that

his constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003);

Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d

676, 683 (4th Cir. 2001). We have independently reviewed the

record and conclude that Bowden has not made the requisite showing.

Accordingly, we deny a certificate of appealability and dismiss the

appeal. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

DISMISSED
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1161 Considered and Passed Senate (CPS)]

105th CONGRESS
  1st Session
                                S. 1161

       To amend the Immigration and Nationality Act to authorize 
appropriations for refugee and entrant assistance for fiscal years 1998 
                               and 1999.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 10, 1997

 Mr. Abraham (for himself, Mr. Kennedy, and Mr. Graham) introduced the 
following bill; which was read twice, considered, read the third time, 
                               and passed

_______________________________________________________________________

                                 A BILL

 
       To amend the Immigration and Nationality Act to authorize 
appropriations for refugee and entrant assistance for fiscal years 1998 
                               and 1999.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR REFUGEE AND ENTRANT 
              ASSISTANCE.

    (a) Authorization of Appropriations.--Section 414(a) of the 
Immigration and Nationality Act (8 U.S.C. 1524(a)) is amended by 
striking ``fiscal year 1995, fiscal year 1996, and fiscal year 1997'' 
and inserting ``each of fiscal years 1998 and 1999''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect October 1, 1997.
                                 <all>
```
II

105TH CONGRESS

1ST SESSION S. 1125

To amend title 23, United States Code, to extend the discretionary bridge

program.

IN THE SENATE OF THE UNITED STATES

JULY 31, 1997

Ms. MOSELEY-BRAUN (for herself and Mr. DURBIN) introduced the following

bill; which was read twice and referred to the Committee on Environment

and Public Works

A BILL

To amend title 23, United States Code, to extend the

discretionary bridge program.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Highway Bridge Im5 provement Act of 1997’’.

6 SEC. 2. DISCRETIONARY BRIDGE PROGRAM.

7 Section 144(g) of title 23, United States Code, is

8 amended by striking paragraph (1) and inserting the fol9 lowing:

10 ‘‘(1) DISCRETIONARY BRIDGE PROGRAM.—
2

•S 1125 IS

1 ‘‘(A) SET ASIDE.—For each fiscal year, be2 fore any apportionment is made under sub3 section (e), the Secretary shall set aside

4 $800,000,000 from the funds authorized to

5 carry out this section.

6 ‘‘(B) USE OF SET ASIDE.—The amount set

7 aside under subparagraph (A) shall be available

8 for obligation in the same manner and to the

9 same extent as the sums apportioned under

10 subsection (e), except that the amount shall be

11 available for obligation at the discretion of the

12 Secretary.’’.

Æ
**Exhibit 32.1**

** **

**Written StatementPursuant To18 U.S.C. Section 1350**

** **

The undersigned, Steven G. Murdock, the ChiefExecutive Officer of Meade Instruments Corp. (the “Company”), pursuant to 18U.S.C. §. 1350, hereby certifies that:

 

(i)   theForm 10-Q for the quarterly period ended August 31, 2008 of theCompany, as amended by Amendment No. 1, (the “Report”) fully complies with therequirements of Sections 13(a) and 15(d) of the Securities ExchangeAct of 1934; and

 

(ii)  theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

Date: March 27, 2009

 
| By:      | /s/  STEVEN G. MURDOCK     |     |
|----------|----------------------------|----------|
| * * | *Chief  Executive Officer* | * * |

 

----
<PAGE>   1
                                                                   EXHIBIT 10.49

                   AMENDMENT NUMBER 2 OF EMPLOYMENT AGREEMENT


         THIS AMENDMENT TO EMPLOYMENT AGREEMENT, dated as of February 9, 2000 is
by and between Radiologix, Inc., a Delaware corporation (the "Company"), and
Mark S. Martin (the "Martin").

         WHEREAS, the parties to this Amendment entered into that certain
Employment Agreement, dated as of June 12, 1996, which was amended pursuant to
that certain Amendment of Employment Agreement, dated as of January 1, 1999
(collectively, the "Employment Agreement"); and

         WHEREAS, the Company and Martin desire to enter into this Amendment in
order to reflect an increase in the Martin's base salary and to make certain
other amendments;

         NOW, THEREFORE, in consideration of the mutual covenants and conditions
set forth herein, the parties hereby agree as follows:

         1. The Employment Agreement is hereby amended to delete the existing
Section 3.1 and to add the following as a new Section 3.1:

         "Section 3.1 SALARY. For the performance of Martin's duties hereunder,
         the Company shall pay Martin an annual salary of $275,000, payable
         (less required withholdings) no less frequently than every two weeks."

         2. The Employment Agreement is hereby amended to delete the existing
first sentence of Section 1 and to add the following sentence as a new first
sentence to Section 1:

         "The Company hereby employs Martin in the capacity of President and
Chief Operating Officer."

         3. For purposes of delivering notice to the Company, the address that
should be inserted into Section 6.8 should be as follows:

         "Radiologix, Inc.
          3600 Chase Tower, 2200 Ross Avenue
          Dallas, Texas 75201-2776."


         IN WITNESS WHEREOF, the undersigned parties have executed this
Amendment effective as of the date first written above.



<PAGE>   2


                                            RADIOLOGIX, INC.



                                            By:
                                               ---------------------------------
                                                     Mark L. Wagar
                                                     Chairman and CEO


                                            MARTIN:



                                            By:
                                               ---------------------------------
                                                     Mark S. Martin
EXHIBIT 32.1


                                  CERTIFICATION
                                       OF
               CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

         Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, each of the undersigned officers of Manhattan
Pharmaceuticals, Inc. do hereby certify that:

                  (a) the Amendment No. 1 Annual Report on Form 10-KSB of
Manhattan Pharmaceuticals, Inc. for the year ended December 31, 2003 (the
"Report:) fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and

                  (b) information contained in the Report fairly presents, in
all material respects, the financial condition and results of operations of
Manhattan Pharmaceuticals, Inc.



Dated: April 2, 2004                       /s/ Leonard Firestone
                                           -------------------------------------
                                           Leonard Firestone
                                           President and Chief Executive Officer


Dated: April 2, 2004                       /s/ Nicholas J. Rossettos
                                           -------------------------------------
                                           Nicholas J. Rossettos
                                           Chief Financial Officer