alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### Cherokee Owners Corp., Appellant, v DNA Contracting, LLC, et al., Defendants and JMA Consultants, Inc., et al., Respondents. (And a Third-Party Action.)

[947 NYS2d 59]

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered April 7, 2011, which granted defendants JMA Consultants, Inc.’s, JMA Consultants and Engineers, EC.’s, and Joseph Canton’s motion for leave to renew and/or reargue, and order, same court and Justice, entered September 15, 2011, which, upon reargument and renewal, granted the JMA defendants’ motion for summary judgment dismissing the complaint and all cross claims against them, unanimously affirmed, with costs.

Education Law § 7202 is not violated when an unlicensed entity uses a licensed entity to perform the engineering work for which the law requires a license *(see Charlebois v Weller Assoc.,*72 NY2d 587, 593 [1988]; *SKR Design Group v Yonehama, Inc.,*230 AD2d 533 [1997]). Defendants established prima facie that it was disclosed to plaintiff that Canton and JMA Consultants and Engineers, EC. would provide the engineering services for the project and that the engineering services rendered were controlled by Canton, with unlicensed individuals acting under his supervision *(see*prior appeal at 74 AD3d 411 [2010]; Education Law § 7208 [f]). Plaintiff failed to raise an issue of fact in opposition.

Defendants also established that they performed their duties under the agreement and that their performance was not negligent. Plaintiff failed to raise triable issues of fact as to the specific deficiencies it alleges, since many of its expert’s assertions of faulty work were speculative and conclusory, and the expert did not address Canton’s affidavit testimony about the *481limitations placed on the work by plaintiff due to cost constraints. Plaintiff failed to submit an affidavit by anyone with personal knowledge to rebut Canton’s testimony. The negligence claim also is duplicative of the breach of contract claim *(see Clark-Fitzpatrick, Inc. v Long Is. R.R. Co.,*70 NY2d 382, 389 [1987]).

As to the claims sounding in fraud, whether or not plaintiff had actual knowledge of Eugene Ferrara’s unlicensed status or who was to serve as the engineer for the project, its agent Jon Shechter had such knowledge, and his knowledge is imputed to plaintiff *(see Gulf Ins. Co. v Transatlantic Reins. Co.,*69 AD3d 71, 97 [2009]).

In view of the dismissal of the causes of action for breach of contract and fraud, the cause of action for a rescission remedy must also be dismissed. In any event, plaintiff has an adequate remedy at law, and rescission would not substantially restore the status quo *(see Rudman v Cowles Communications,*30 NY2d 1, 13 [1972]).

We have reviewed plaintiffs remaining contentions and find them unavailing. Concur — Tom, J.P., Andrias, Moskowitz, Acosta and Abdus-Salaam, JJ.
##### 



EXHIBIT 32.1
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002
  
    
    the Quarterly Report on Form 10-Q of the Company for the quarter
ended June 30, 2006, as filed with the Securities and Exchange
Commission on August 9, 2006 (the Report), fully complies with
the requirements of Section 13(a) of the Securities Exchange Act
of 1934; and
    
    the information contained in the Report fairly presents, in all
material respects, the financial condition and results of
operations of the Company for the periods presented therein.
  /s/ UMANG GUPTAUmang GuptaChief Executive Officer(Principal Executive Officer)
[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Notices]
[Pages 43572-43573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16905]


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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-058, OMB Control No. 3235-0065]


Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange 
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 
20549-2736.

Extension:
    Form S-1

    Notice is hereby given that, pursuant to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission (``Commission'') has submitted to the Office of Management 
and Budget (``OMB'') this request for an extension of the previously 
approved collection of information discussed below.
    Form S-1 (17 CFR 239.11) is used by domestic issuers who are not 
eligible to use other forms to register a public offering of their 
securities under the Securities Act of 1933 (15 U.S.C. 77a et seq.). 
The information collected is intended to ensure that the information 
required to be filed by the Commission permits verification of 
compliance with securities law requirements and assures the public 
availability of such information. Form S-1 takes approximately 653.5436 
hours per response and is filed by approximately 894 respondents. We 
estimate that 25% of the 653.5436 hours per response (163.3859 hours) 
is prepared by the registrant for a total annual reporting burden of 
146,067 hours (163.3859 hours per response x 894 responses).
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number.
    The public may view background documentation for this information 
collection at the following website: www.reginfo.gov. Find this 
particular

[[Page 43573]]

information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. Written 
comments and recommendations for the proposed information collection 
should be sent within 30 days of publication of this notice to (i) 
www.reginfo.gov/public/do/PRAMain and (ii) David Bottom, Director/Chief 
Information Officer, Securities and Exchange Commission, c/o Cynthia 
Roscoe, 100 F Street NE, Washington, DC 20549, or by sending an email 
to: <a href="/cdn-cgi/l/email-protection#a4f4f6e5fbe9c5cdc8c6cbdce4d7c1c78ac3cbd2"><span class="__cf_email__" data-cfemail="fdadafbca2b09c94919f9285bd8e989ed39a928b">[email protected]</span></a>.

    Dated: August 4, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-16905 Filed 8-6-21; 8:45 am]
BILLING CODE 8011-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### The People of the State of New York, Respondent, v Donald Peoples, Appellant.

—Judgment unanimously affirmed. Memorandum: Defendant’s inculpatory statement to his brother in the presence of a police officer was attenuated from his two earlier sworn statements which were suppressed because they were obtained outside the presence of counsel *(see, People v Peoples,*80 AD2d 722). His statement under review was voluntary, defendant was clearly aware of the presence of the police officer, and the statement was neither the result of renewed police interrogation following the suppressed earlier statements nor the product of a single continuous chain of events. There was no evidence of surreptitious or devious behavior on the part of the police, no police "agent” *978was involved, and the statement was clearly probative. Further, the error in the trial court’s charge did not deprive the defendant of a fair trial or contribute to his conviction; it was not preserved for review and we decline to exercise our discretion and reverse the conviction in "the interest of justice” (CPL 470.15 [3] [c]). Finally, the evidence was legally sufficient to support the jury verdict. (Appeal from judgment of Supreme Court, Erie County, Marshall, J.—murder, second degree, and criminal possession of weapon.) Present—Doerr, J. P., Denman, Green, O’Donnell and Schnepp, JJ.
II

105TH CONGRESS

1ST SESSION S. 1262

To authorize the conveyance of the Coast Guard Station, Ocracoke, North

Carolina.

IN THE SENATE OF THE UNITED STATES

OCTOBER 7, 1997

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

referred to the Committee on Commerce, Science, and Transportation

A BILL

To authorize the conveyance of the Coast Guard Station,

Ocracoke, North Carolina.

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

3 SECTION 1. LAND CONVEYANCE, COAST GUARD STATION

4 OCRACOKE, NORTH CAROLINA.

5 (a) AUTHORITY TO CONVEY.—The Secretary of

6 Transportation may convey, without consideration, to the

7 State of North Carolina (in this section referred to as the

8 ‘‘State’’), all right, title, and interest of the United States

9 in and to a parcel of real property, together with any im10 provements thereon, in Ocracoke, North Carolina, consist-
2

•S 1262 IS

1 ing of such portion of the Coast Guard Station Ocracoke,

2 North Carolina, as the Secretary considers appropriate for

3 purposes of the conveyance.

4 (b) CONDITIONS.—The conveyance under subsection

5 (a) shall be subject to the following conditions:

6 (1) That the State accept the property to be

7 conveyed under that subsection subject to such ease8 ments or rights of way in favor of the United States

9 as the Secretary considers to be appropriate for—

10 (A) utilities;

11 (B) access to and from the property;

12 (C) the use of the boat launching ramp on

13 the property; and

14 (D) the use of pier space on the property

15 by search and rescue assets.

16 (2) That the State maintain the property in a

17 manner so as to preserve the usefulness of the ease18 ments or rights of way referred to in paragraph (1).

19 (3) That the State utilize the property for

20 transportation, education, environmental, or other

21 public purposes.

22 (c) REVERSION.—(1) If the Secretary determines at

23 any time that the property conveyed under subsection (a)

24 is not be used in accordance with subsection (b), all right,

25 title, and interest in and to the property, including any
3

•S 1262 IS

1 improvements thereon, shall revert to the United States,

2 and the United States shall have the right of immediate

3 entry thereon.

4 (2) Upon reversion under paragraph (1), the property

5 shall be under the administrative jurisdiction of the Ad6 ministrator of General Services.

7 (d) DESCRIPTION OF PROPERTY.—The exact acreage

8 and legal description of the property conveyed under sub9 section (a), and any easements or rights of way granted

10 under subsection (b)(1), shall be determined by a survey

11 satisfactory to the Secretary. The cost of the survey shall

12 be borne by the State.

13 (e) ADDITIONAL TERMS AND CONDITIONS.—The

14 Secretary may require such additional terms and condi15 tions with respect to the conveyance under subsection (a),

16 and any easements or rights of way granted under sub17 section (b)(1), as the Secretary considers appropriate to

18 protect the interests of the United States.

Æ
I

105TH CONGRESS

2D SESSION S. 1175

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 8, 1998

Referred to the Committee on Resources

AN ACT

To reauthorize the Delaware Water Gap National Recreation

Area Citizen Advisory Commission for 10 additional years.

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

3 SECTION 1. REAUTHORIZATION OF THE DELAWARE WATER

4 GAP NATIONAL RECREATION AREA CITIZEN

5 ADVISORY COMMISSION.

6 Section 5 of Public Law 101–573 (16 U.S.C. 460o

7 note) is amended by striking ‘‘10’’ and inserting ‘‘20’’.

Passed the Senate October 7 (legislative day, October 2), 1998.

Attest: GARY SISCO,

Secretary.
##### 



Exhibit 21.1 SUBSIDIARIES OF THE REGISTRANT Jurisdiction ofName
    
    IncorporationHyperion Solutions Australia Pty. Ltd.
    
    AustraliaHyperion Software Solutions Austria GmbH
    
    AustriaHyperion Foreign Sales Corporation
    
    BarbadosHyperion Latin America Ltda.
    
    BrazilHyperion Solutions China Ltd.
    
    ChinaHyperion International Corporation
    
    Delaware, United StatesLittle Tree Acquisition Corporation
    
    Delaware, United StatesHyperion Solutions Denmark Aps
    
    DenmarkHyperion Solutions Nordic OY
    
    FinlandHyperion Solutions France SARL
    
    FranceHyperion Solutions Deutschland GmbH
    
    GermanyHyperion Solutions (Hong Kong) Ltd.
    
    Hong KongHyperion Solutions Italia S.r.l.
    
    ItalyHyperion KK
    
    JapanHyperion Solutions Mexico S. de R.L. de C.V.
    
    MexicoHyperion Solutions Nederland B.V.
    
    NetherlandsHyperion Solutions AS
    
    NorwayHSC Acquisition Co.
    
    Nova Scotia, CanadaHyperion Corporation of Canada Ltd.
    
    Ontario, CanadaHyperion Solutions Asia Pte. Ltd.
    
    SingaporeHyperion Solutions Iberica S.A.
    
    SpainHyperion Solutions Nordic AB
    
    SwedenHyperion Solutions Schweiz AG
    
    SwitzerlandHyperion Solutions (UK) Limited
    
    United Kingdom
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 1 of 19 PageID #:670
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 2 of 19 PageID #:671
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 3 of 19 PageID #:672
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 4 of 19 PageID #:673
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 5 of 19 PageID #:674
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 6 of 19 PageID #:675
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 7 of 19 PageID #:676
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 8 of 19 PageID #:677
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 9 of 19 PageID #:678
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 10 of 19 PageID #:679
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 11 of 19 PageID #:680
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 12 of 19 PageID #:681
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 13 of 19 PageID #:682
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 14 of 19 PageID #:683
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 15 of 19 PageID #:684
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 16 of 19 PageID #:685
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 17 of 19 PageID #:686
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 18 of 19 PageID #:687
Case: 1:03-cv-06508 Document #: 110 Filed: 04/15/05 Page 19 of 19 PageID #:688
II

105TH CONGRESS

1ST SESSION S. 115

To increase the role of the Secretary of Transportation in administering

section 901 of the Merchant Marine Act, 1936, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

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

to the Committee on Commerce, Science, and Transportation

A BILL

To increase the role of the Secretary of Transportation in

administering section 901 of the Merchant Marine Act,

1936, and for other purposes.

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

3 SECTION 1. TRANSPORTATION IN AMERICAN VESSELS OF

4 GOVERNMENT PERSONNEL AND CERTAIN

5 CARGOES.

6 Section 901(b)(2) of the Merchant Marine Act, 1936

7 (46 U.S.C. App. 1241 (b)(2)), is amended to read as fol8 lows:
2

S 115 IS

1 ‘‘(2)(A) The Secretary of Transportation shall

2 have the sole responsibility for determining and des3 ignating the programs that are subject to the re4 quirements of this subsection. Each department or

5 agency that has responsibility for a program that is

6 designated by the Secretary of Transportation pur7 suant to the preceding sentence shall, for the pur8 poses of this subsection, administer such program

9 pursuant to regulations promulgated by such Sec10 retary.

11 ‘‘(B) The Secretary of Transportation shall—

12 ‘‘(i) review the administration of the pro13 grams referred to in subparagraph (A); and

14 ‘‘(ii) on an annual basis, submit a report

15 to Congress concerning the administration of

16 such programs.’’.

Æ
|  | 1. | I have reviewed this amendment to the annual report on Form 10-K for the period ended December 31, 2015 of Blount International, Inc.; and |
|--|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------|

|  | 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. |
|--|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                          |
|-------------------------------|
| /s/ Calvin E. Jenness         |
| Calvin E. Jenness             |
| Senior Vice President and     |
| Chief Financial Officer       |
| (Principal Financial Officer) |
UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 2.5

Eastern Division

Litertronics International, Inc., et al.

Plaintiff,

v. Case No.: 1:03−cv−05733

Hon. Wayne R. Andersen

Technical Consumer Products, Inc.

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Friday, May 5, 2006:

 MINUTE entry before Judge Wayne R. Andersen :Settlement conference held on

5/5/2006. Show Cause Hearing set for 5/16/2006 at 08:30 AM.Mailed notice(tsa, )

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of

Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was

generated by CM/ECF, the automated docketing system used to maintain the civil and

criminal dockets of this District. If a minute order or other document is enclosed, please

refer to it for additional information.

For scheduled events, motion practices, recent opinions and other information, visit our

web site at www.ilnd.uscourts.gov.

Case: 1:03-cv-05733 Document #: 96 Filed: 05/05/06 Page 1 of 1 PageID #:359
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO SECTION 906**

 

**OF THE SARBANES-OXLEY ACT OF 2002**

 

I, TimPaterson-Brown, Chief Executive Officer of Medicsight, Inc. (the “Company”),certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.Section 1350, that to the best of my knowledge:

 

(1)    theAnnual Report on Form 10-K of the Company for the year ended December 31, 2005,and 2004 (the “Report”) fully complies with the requirements of  Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

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

 
|           |                    |
|----------------|-------------------------|
|           | By:                     | /s/ TIM PATERSON-BROWN |   |
|           | Tim Paterson-Brown      |
|           | Chief Executive Officer |
| March 29, 2006 |                    |

 

E-4

----
# Official Journal C 66I/2019

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 066I |
| | |
| English edition | Information and Notices | Volume 6219 February 2019 |

ISSN 1977-091X

Official Journal

of the European Union

C 066I

English edition

Information and Notices

Volume 6219 February 2019

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2019/C 66 I/01 | Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community | 1 |
| 2019/C 66 I/02 | Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom | 185 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2019/C 66 I/01

Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community

1

2019/C 66 I/02

Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom

185

---

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

EN