alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the interim
financial statements of Globus International Resources Corp. as at and for the
three months ended March 31, 1999 and is qualified in its entirety by
reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              SEP-30-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   MAR-31-1999
<CASH>                                         15,836
<SECURITIES>                                   0
<RECEIVABLES>                                  3,463,102
<ALLOWANCES>                                   600,000
<INVENTORY>                                    1,532,389
<CURRENT-ASSETS>                               5,796,753
<PP&E>                                         125,222
<DEPRECIATION>                                 87,723
<TOTAL-ASSETS>                                 6,057,389
<CURRENT-LIABILITIES>                          2,686,717
<BONDS>                                        0
<PREFERRED-MANDATORY>                          7,772,000
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     2,362,898
<TOTAL-LIABILITY-AND-EQUITY>                   6,057,389
<SALES>                                        5,888,617
<TOTAL-REVENUES>                               5,888,617
<CGS>                                          5,453,386
<TOTAL-COSTS>                                  291,092
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             89,209
<INCOME-PRETAX>                                54,930
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            54,930
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   54,930
<EPS-BASIC>                                  0.01
<EPS-DILUTED>                                  0.01



</TABLE>
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 2 1

- 016 1

STATE OF MONTANA,

Plaintiff and Appellee,

v.

JACOB LEE OVERLEASE

,

Defendant and Appellant.

ORDER GRANTING EXTENSION OF TIME

Upon consideration of Appellant’s motion for extension of time,

and good cause appearing, and there being no objection from the State;

IT IS HEREBY ORDERED that Appellant is granted an extension

of time to and including April 8, 2022 within which to prepare, file, and

serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

March 4 2022

03/04/2022

Case Number: DA 21-0161
#### BOSKOWITZ v. SULZBACHER et al.

(Supreme Court, Appellate Division, First Department.

November 15, 1907.)

' Appeal from Special Term.

Action by Jesse L. Boskowitz, administrator of Ignatz Boskowitz, deceased, against Anton W. Sulzbacher and another. From an order denying a motion, the codefendant, Joseph Sulzbacher, surviving partner of J. H. Sulzbacher & Co., appeals. Reversed, and motion granted.

Argued before PATTERSON, P. J„ and INGRAHAM, LAUGH-LIN, CLARKE, and HOUGHTON, JJ.

Charles L. Craig, for appellant.

Harold Nathan (John R. Dos Passos, oh the brief), for respondent.

PER CURIAM.

This is an appeal by the defendant Joseph H. Sulzbacher from an order denying his motion, separately made, to vacate the order for the examination of his codefendant, to enable plaintiff to frame a complaint against both of them. The record is otherwise in all material respects the same as that presented on the appeal by the defendant Anton W. Sulzbacher, argued and decided herewith. 106 N. Y. Supp. 865.

Upon the authority of the opinion deciding the other appeal, the order should be reversed, with $10 costs and disbursements, and motion granted, with $10 costs.
#### The People of the State of New York, Respondent, v Anthony Rivera, Appellant.

[945 NYS2d 911]

Appeal from a judgment of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.), rendered May 18, 2011. The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree (two counts) and burglary in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of burglary in the second degree (Penal Law § 140.25 [2]) and one count of burglary in the third degree (§ 140.20). We agree with defendant that his waiver of the right to appeal does not encompass his challenge to the severity of the sentence because he waived his right to appeal before Supreme Court informed him of the potential periods of imprisonment that could be imposed *(see People v Mingo,*38 AD3d 1270, 1271 [2007]; *see generally People v Lococo,*92 NY2d 825, 827 [1998]). Nevertheless, we conclude that the sentence is not unduly harsh or severe. Present — Scudder, P.J., Centra, Fahey, Peradotto and Sconiers, JJ.
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



I, Paul DePond, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Notify Technology Corporation on Form 10-QSB for the fiscal quarter ended June 30, 2003 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934 and that information contained in such Quarterly Report on Form 10-QSB fairly presents in all material respects the financial condition and results of operations of Notify Technology Corporation.



By:

/s/    PAUL F.
DEPONDName:

Paul F. DePondTitle:

Chief Executive Officer




I, Gerald W. Rice, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Notify Technology Corporation on Form 10-QSB for the fiscal quarter ended June 30, 2003 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-QSB fairly presents in all material respects the financial condition and results of operations of Notify
Technology Corporation.



By:

/s/    GERALD W.
RICEName:

Gerald W. RiceTitle:

Chief Financial Officer




A signed original of this
written statement required by Section 906 has been provided to Notify Technology Corporation and will be retained by Notify Technology Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 10.2


 


FOURTH AMENDMENT TO THE


RUMBLEON, INC.


2017 STOCK INCENTIVE PLAN


 


WHEREAS, RumbleOn, Inc., a Nevada corporation (the “Company”),
currently maintains and sponsors the RumbleOn, Inc. 2017 Stock Incentive Plan (the “Plan”); and


 


WHEREAS, Section 14(k) of the Plan provides that the Board of the Directors
of the Company (“Board”) may amend the Plan from time to time; and


 


WHEREAS, the Board has determined it to be in its best interests to
amend the Plan as set forth herein; and


 


NOW, THEREFORE, effective upon the Company’s Stockholders’
approval as set forth in Section 14(k) of the Plan, the following amendment to the Plan is hereby adopted:


 


1. The second sentence of Section 1 of the Plan
shall be amended and restated to read as follows: “Unless earlier terminated pursuant to Section 14(k) hereof, the Plan shall terminate
on the tenth anniversary of the Fourth Amendment to the Plan.”


 


2. The last sentence of Section 5(a) of the Plan
shall be amended and restated to read as follows: “The maximum number of shares of Class B common stock that may be issued pursuant
to Awards granted under the Plan shall be 2,700,000.”


 


3. Section 5(b) of the Plan shall be amended and
restated to read as follows:


 


“Limitations on Incentive Stock Options. With respect
to the shares of Class B common stock issuable pursuant to this Section, a maximum of 2,700,000 of such shares may be subject to grants
of Incentive Stock Options.”


 


4. Except as modified by this Amendment, all of
the terms and conditions of the Plan shall remain valid and in full force and effect.


 


IN WITNESS WHEREOF, the undersigned, a duly authorized officer of the
Company, has executed this instrument as of the 3rd day of August 2021, on behalf of the Company.


 


	 	RUMBLEON, INC.
	 	 	 
	 	By:	/s/ Marshall Chesrown
	 	 	Marshall Chesrown
	 	 	Chairman and Chief Executive Officer
	 	 	(Principal Executive Officer)
Case 1:03-cv-07225 Document 4 Filed 12/15/2003 Page 1 of 12
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Case 1:03-cv-07225 Document 4 Filed 12/15/2003 Page 6 of 12
Case 1:03-cv-07225 Document 4 Filed 12/15/2003 Page 7 of 12
Case 1:03-cv-07225 Document 4 Filed 12/15/2003 Page 8 of 12
Case 1:03-cv-07225 Document 4 Filed 12/15/2003 Page 9 of 12
Case 1:03-cv-07225 Document 4 Filed 12/15/2003 Page 10 of 12
Case 1:03-cv-07225 Document 4 Filed 12/15/2003 Page 11 of 12
Case 1:03-cv-07225 Document 4 Filed 12/15/2003 Page 12 of 12
II

105TH CONGRESS

1ST SESSION S. 1187

To suspend temporarily the duty on ferroboron.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 17, 1997

Mr. LAUTENBERG (for himself, Mr. HOLLINGS, and Mr. THURMOND) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To suspend temporarily the duty on ferroboron.

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

3 SECTION 1. TEMPORARY SUSPENSION OF DUTY.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new heading:

‘‘ 9902.72.02 Ferroboron (provided for in

subheading 7202.99.50) ........ Free No change No change On or before

12/31/2000 ’’.

8 (b) EFFECTIVE DATE.—The amendment made by

9 subsection (a) shall apply with respect to goods entered,
2

•S 1187 IS

1 or withdrawn from warehouse for consumption, on or after

2 the date that is 15 days after the date of enactment of

3 this Act.

Æ
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 10-40384

MIGUEL HERNANDEZ, as Guardian of David P. Hernandez, an

incapacitated individual; INEZ BALTAZAR HERNANDEZ, as Guardian of

Armando Hernandez, Jr., an incapacitated individual; MICHELLE

CRAYTON; ALICIA MATA; DEANN TORRES, as Guardian of Christoper

Norris, an incapacitated individual,

Plaintiffs-Appellees

v.

ADELAIDE HORN, Commissioner of the Department of Aging and Disability

Services; BARRY WALLER, Assistant Commissioner Provider Services;

DENISE GEREDINE, State Schools; IVA BENSON, Superintendent of the

Corpus Christi State School,

Defendants - Appellants

Appeal from the United States District Court for the

Southern District of Texas, Corpus Christi

ON PETITION FOR REHEARING

Before SMITH, WIENER, and OWEN, Circuit Judges.

PER CURIAM:

United States Court of Appeals

Fifth Circuit

F I L E D

March 29, 2011

Lyle W. Cayce

Clerk
No. 10-40384

 457 U.S. 307, 315-16 (1982). 1

2

IT IS ORDERED that the appellants’ Motion for Panel Rehearing

regarding their contention that inadequate staffing is not actionable under

Youngberg v. Romeo, is GRANTED.

1

IT IS FURTHER ORDERED that panel rehearing is DENIED as to all

other issues on which appellants request reconsideration because, as we held in

our original panel opinion, those issues have been waived.

We have reviewed the one issue on which we grant rehearing, and now

hold that it does not affect our original holding. Appellants’ brief makes the

narrow claim that “inadequate staffing” is an action which is properly brought

against the State rather than against appellants. Even assuming this is true,

it is no basis on which we should reverse the district court’s denial of appellants’

Motion to Dismiss/Summary Judgment. Appellees asserted, and the district

court based its denial of that motion on, numerous alleged departures from

professional standards, many of which do not involve staffing shortages. We do

not decide how appellants may proceed on remand or whether they may make

any broader “budgetary constraints” arguments than the narrow one made on

appeal concerning the issue of inadequate staffing.

After reviewing the only issue on which we grant panel rehearing, we

confirm our original affirmation of the district court’s denial of appellants’

Motion to Dismiss/Summary Judgment.
```

                                 CERTIFICATIONS

I, Marc Baker, certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of Optical Concepts of
     America, Inc.

2.   Based on my knowledge, this quarterly 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 quarterly report;

3.   Based on my knowledge, the financial statements, and other financial
     information included in this quarterly report, fairly present in all
     material respects the financial condition, results of operations and cash
     flows of the registrant as of, and for, the periods presented in this
     quarterly  report;

4.   The registrant's other certifying officer and I are responsible for
     establishing and maintaining disclosure controls and procedures (as defined
     in Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

        (a)   designed such disclosure controls and procedures to ensure that
              material information relating to the registrant is made known to
              us by others, particularly during the period in which this
              quarterly  report is being prepared;
        (b)   evaluated the effectiveness of the registrant's disclosure
              controls and procedures as of a date within 90 days prior to the
              filing date of this quarterly  report (the Evaluation Date); and
        (c)   presented in this quarterly  report our conclusions about the
              effectiveness of the disclosure controls and procedures based on
              our evaluation as of the Evaluation Date;

5.   The registrant's other certifying officer and I have disclosed, based on
     our most recent evaluation, to the registrant's auditors and the audit
     committee of registrant's board of directors;

        (a)   all significant deficiencies in the design or operation of
              internal controls which could adversely affect the registrant's
              ability to record, process, summarize and report financial data
              and have identified for the registrant's auditors any material
              weaknesses in internal controls; and
        (b)   any fraud, whether or not material, that involves management or
              other employees who have a significant role in the registrant's
              internal controls; and

6.   The registrant's other certifying officer and I have indicated in this
     quarterly  report whether or not there were significant changes in internal
     controls or in other factors that could significantly affect internal
     controls subsequent to the date of our most recent evaluation, including
     any corrective actions with regard to significant deficiencies and material
     weaknesses.

Date: October 23, 2003

/s/ Marc Baker
    Marc Baker
    Chief Executive Officer &
    Chief Finanical Officer
```
#### Cynthia Mock et al., Appellants, v LaGuardia Hospital-Hip Hospital, Inc., Respondent.

—In a defamation action, plaintiffs appeal from an order of the Supreme Court, Queens *722County (Goldstein, J.), dated June 12, 1984, which granted defendant’s motion for summary judgment, denied their cross motion for summary judgment, and dismissed the complaint.

Order affirmed, with costs.

Plaintiffs were employed by defendant as supervisory nurses. As a result of their activities in attempting to organize a union to represent them and other supervisory nurses, they were discharged. It is well established by Federal law that supervisors are management personnel who owe a duty of loyalty to their employer and can be lawfully discharged for labor union activity *(Beasley v Food Fair of N. Carolina,*416 US 653, 654-655, 659-660). Therefore, defendant’s representatives’ statements to other employees and to participants in a National Labor Relations Board hearing in the context of a labor dispute wherein it was claimed that plaintiffs were "disloyal”, "untrustworthy”, "deceitful” and "wanting in good faith” were not defamatory. To characterize one who has proven her disloyalty as "disloyal” is not defamation.

Furthermore, the statements were qualifiedly privileged since they were made by persons having an interest in the subject to others with a corresponding interest and therefore they were not actionable without proof of malice on the part of the speakers *(see, Kilcoin v Wolansky,*75 AD2d 1, 6, *affd*52 NY2d 995; *Gold v East Ramapo Cent. School Dist.,*115 AD2d 636; *Kaplan v MacNamara,*116 AD2d 626). Plaintiffs’ conclusory allegations of malice herein are insufficient to defeat defendant’s motion for summary judgment *(Kilcoin v Wolansky, supra,*p 11).

Lastly, we find that summary judgment was properly granted because of plaintiffs’ failure to plead special damages "with sufficient particularity to identify actual losses” *(Lincoln First Bank v Siegel,*60 AD2d 270, 280), since even if the statements were defamatory they did not concern plaintiffs in their profession as nurses, but rather, concerned their employment status as supervisors *(see, Gurtler v Union Parts Mfg. Co.,*285 App Div 643, 647-648, *affd*1 NY2d 5). Bracken, J. R, Lawrence, Fiber and Kooper, JJ., concur.
##### 



Exhibit 32.01
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS ENACTED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1)
    
    The Report fully complies with the requirements of section 13(a) or section 15(d) of
the Securities Exchange Act of 1934; and2)
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 /s/ Thomas M. MarraName:
    
    Thomas M. MarraTitle:
    
    President and Chief Operating OfficerDate:
    
    July 27, 2006
 61
#### Adrienne Babikian, Appellant, v Karl Babikian, Respondent.

—Order of the Supreme Court, Nassau County, dated October 11, 1985, affirmed, with costs, for reasons stated by Justice Collins at Special Term. Gibbons, J. P., Weinstein, Eiber and Kooper, JJ., concur.
<PAGE>   1
Exhibit 3.7

                            ARTICLES OF INCORPORATION
                           OF EMORY CARE CENTER, INC.

                                   ARTICLE ONE

         The name of the corporation is Emory Care Center, Inc.

                                   ARTICLE TWO

         The period of duration is perpetual.

                                  ARTICLE THREE

         The purpose for which the corporation is organized is the transaction
of any and all lawful business for which corporations may be incorporated under
the Texas Business Corporations Act.

                                  ARTICLE FOUR

         The aggregate number of shares which the corporation shall have
authority to issue is One Hundred Thousand (100,000), without par value.

                                  ARTICLE FIVE

         The corporation will not commence business until it has received for
the issuance of shares consideration of the value of One Thousand Dollars
($1,000.00) consisting of money, labor done or property actually received.

                                   ARTICLE SIX

         The street address of its initial registered office is 1717 Main
Street, Suite 3700, Dallas, Texas 75201, and the name of its initial registered
agent at such address is Scott R. Erickson.

                                  ARTICLE SEVEN

         The number of directors constituting the initial board of directors is
one (1), and the name and address of the person who is to serve as director
until the first annual meeting of the shareholders or until their successors are
elected and qualified is:

                           Robert S. Greenlaw
                           P. O. Box 31173
                           Walnut Creek, California  94598
<PAGE>   2
                                  ARTICLE EIGHT

         The name and address of the incorporator is:

                           Scott R. Erickson
                           1717 Main Street
                           Suite 3700
                           Dallas, Texas  75201

                                    /s/ Scott R. Erickson
                                    ---------------------------------


                                        2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF FIRST INDUSTRIAL, L.P. FOR THE NINE MONTHS ENDED
SEPTEMBER 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           2,602
<SECURITIES>                                         0
<RECEIVABLES>                                   10,903
<ALLOWANCES>                                   (1,649)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                11,856
<PP&E>                                       2,169,168
<DEPRECIATION>                               (133,258)
<TOTAL-ASSETS>                               2,475,638
<CURRENT-LIABILITIES>                           88,144
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,227,237
<TOTAL-LIABILITY-AND-EQUITY>                 2,475,638
<SALES>                                              0
<TOTAL-REVENUES>                               213,496
<CGS>                                                0
<TOTAL-COSTS>                                 (63,173)
<OTHER-EXPENSES>                              (50,244)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (49,401)
<INCOME-PRETAX>                                 72,859
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             72,859
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                        (719)
<NET-INCOME>                                    72,140
<EPS-PRIMARY>                                     1.20
<EPS-DILUTED>                                     1.20
        

</TABLE>