alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Wells Fargo Bank, NA, Respondent, v Sheila Edwards, Appellant, et al., Defendants.

[945 NYS2d 44]—

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered October 26, 2010, which denied defendant Sheila Edwards’s cross motion to dismiss the summons and complaint on the ground of lack of personal jurisdiction based upon improper service, and granted plaintiffs motion for a judgment of foreclosure and sale, to confirm the referee’s report and for attorneys’ fees, unanimously affirmed, without costs.

The court properly found that defendant’s allegations were insufficient to rebut plaintiffs prima facie showing of proper service. Defendant’s denial of service did not controvert the veracity or content of the affidavit of service so as to require a traverse hearing *(see generally NYCTL 1998-1 Trust & Bank of N.Y. v Rabinowitz,*7 AD3d *459, 460 [2004]).*In addition, her correspondence to her mortgage loan servicer made shortly after the date of service, indicating that she sought to recommence payment of her mortgage in order to suspend the pending foreclosure action under the instant index number, contradicted her claim that she was not served with the summons and complaint.

Contrary to defendant’s contention, the court did not err in determining that she waived the issue of standing by failing to timely appear or answer *(see*CPLR 3211 [a] [3]; [e]). In any event, the action was expressly maintained in plaintiffs capacity as trustee under a pooling and servicing agreement dated October 1, 2006, before the date of the commencement of the *693action *(see CWCapital Asset Mgt. LLC v Charney-FPG 114 41st St, LLC,*84 AD3d 506 [2011]).

We have considered defendant’s remaining contentions and find them unavailing. Concur — Tom, J.P., Sweeny, Renwick, Freedman and Abdus-Salaam, JJ.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Indian Affairs

          - [212A2100DD/AAKC001030/A0A501010.999900253G]

# AGENCY:

Bureau of Indian Affairs, Interior.

# ACTION:

Notice.

# SUMMARY:

This notice announces the extension of the Class III gaming compact between  the Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation and the State of Nevada.

# DATES:

The extension takes effect on July 28, 2021.

# FOR FURTHER INFORMATION CONTACT:

Ms. Paula L. Hart, Director, Office of  Indian Gaming, Office of the Assistant Secretary—Indian Affairs, Washington, DC 20240,  (202) 219-4066.

# SUPPLEMENTARY INFORMATION:

An extension to an existing tribal-state Class III gaming compact does not require approval by the Secretary if the extension does not modify  any other terms of the compact. 25 CFR 293.5. The Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation and the State of Nevada have reached an agreement to extend the expiration date of their existing Tribal-State Class III gaming compact to February 23, 2023. This publishes notice of the new expiration date of the compact.

Bryan Newland,

Principal Deputy Assistant Secretary—Indian Affairs.

[FR Doc. 2021-16041 Filed 7-27-21; 8:45 am]

BILLING CODE 4337-15-P
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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM UNISON'S
AUDITED CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 1996
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          17,409
<SECURITIES>                                         0
<RECEIVABLES>                                   32,384
<ALLOWANCES>                                     3,776
<INVENTORY>                                        938
<CURRENT-ASSETS>                                51,902
<PP&E>                                          35,949
<DEPRECIATION>                                   5,119
<TOTAL-ASSETS>                                 230,921
<CURRENT-LIABILITIES>                           65,857
<BONDS>                                        157,138
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             5
<OTHER-SE>                                      11,684
<TOTAL-LIABILITY-AND-EQUITY>                   230,921
<SALES>                                              0
<TOTAL-REVENUES>                               148,674
<CGS>                                                0
<TOTAL-COSTS>                                  147,818
<OTHER-EXPENSES>                                24,084
<LOSS-PROVISION>                                 2,742
<INTEREST-EXPENSE>                               5,824
<INCOME-PRETAX>                               (31,794)
<INCOME-TAX>                                   (8,356)
<INCOME-CONTINUING>                           (23,438)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (23,438)
<EPS-PRIMARY>                                   (5.01)
<EPS-DILUTED>                                        0
        

</TABLE>
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 99 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                        March 19, 1997.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 1(b) of rule XXIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 1) to amend the Fair Labor Standards Act of 1938 to provide 
compensatory time for employees in the private sector. The first reading of the 
bill shall be dispensed with. General debate shall be confined to the bill and 
shall not exceed one hour equally divided and controlled by the chairman and 
ranking minority member of the Committee on Education and the Workforce. After 
general debate the bill shall be considered for amendment under the five-minute 
rule. It shall be in order to consider as an original bill for the purpose of 
amendment under the five-minute rule the amendment in the nature of a substitute 
recommended by the Committee on Education and the Workforce now printed in the 
bill. The committee amendment in the nature of a substitute shall be considered 
as read. No amendment shall be in order except those printed in the report of 
the Committee on Rules accompanying this resolution. Each amendment may be 
considered only in the order printed in the report, may be offered only by a 
Member designated in the report, shall be considered as read, shall be debatable 
for the time specified in the report equally divided and controlled by the 
proponent and an opponent, shall not be subject to amendment, and shall not be 
subject to a demand for division of the question in the House or in the 
Committee of the Whole. An amendment designated to be offered by the chairman of 
the Committee on Education and the Workforce or his designee may be offered en 
bloc with one or more other such amendments. At the conclusion of consideration 
of the bill for amendment the Committee shall rise and report the bill to the 
House with such amendments as may have been adopted. Any Member may demand a 
separate vote in the House on any amendment adopted in the Committee of the 
Whole to the bill or to the committee amendment in the nature of a substitute. 
The previous question shall be considered as ordered on the bill and amendments 
thereto to final passage without intervening motion except one motion to 
recommit with or without instructions.
            Attest:

                                                                          Clerk.
```
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



I, Umang Gupta, Chief Executive Officer and Chairman of the Board of Keynote Systems, Inc. (the Company), do hereby 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 on Form 10-Q of the Company for the quarter ended June 30, 2003, as filed with the Securities and Exchange Commission on August 14, 2003 (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.
| | - |  | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: August 14, 2003



/s/ Umang
Gupta



Umang Gupta



Chief Executive Officer and Chairman of the Board



(Principal Exectuive Officer)



A signed original of this written statement required by Section 906 has been provided to Keynote Systems, Inc. and will be retained by it and furnished to the Securities and Exchange Commission or its staff upon
request.
#### Donna Gavigan et al., Respondents-Appellants, v Otis Elevator Company, Appellant-Respondent.

—Mikoll, J.

Cross appeals from an order of the Supreme Court at Special Term (Hughes, J.), entered March 26, 1985 in Albany County, which partially granted defendant’s motion for a protective order vacating plaintiffs’ notice for discovery and inspection.

Plaintiff Donna Gavigan claims that she was injured on April 4, 1984 when an elevator door struck her as she was leaving the elevator. Plaintiffs alleged that defendant was negligent in its inspection, repair, adjustment, manufacture *942and sale of the elevator. The elevator was not specifically identified in the complaint, which states that the accident involved "a certain automatic elevator located at and in the St. Peter’s Hospital in Albany, New York”.

Plaintiffs served a notice for discovery and inspection that demanded, *inter alia,*(1) records of all repairs made with respect to elevator doors of the "A-group” elevators at the hospital during a five-year period preceding the accident, (2) disclosure of any reports prepared by defendant regarding the accident, and (3) information as to any postaccident repairs to the elevator. Defendant moved for a protective order to strike that part of plaintiffs’ notice seeking discovery concerning elevators other than the elevator involved in the action as irrelevant or privileged documents. Special Term granted plaintiffs’ discovery requests, limiting, however, information as to repairs performed in the two-year period before the accident and referable only to the particular elevator in which the accident occurred.

Defendant contends that the disclosure of a report of the incident prepared by it for its insurer is exempt from disclosure pursuant to CPLR 3101 (d) (2). We agree. The affidavit of Anthony J. Prest in support of defendant’s motion avers that he prepared the report for defendant’s insurance company for use in possible litigation after an attorney informed defendant of the incident. We find *Vandenburgh v Columbia Mem. Hosp.*(91 AD2d 710), upon which plaintiffs rely, inapplicable. The instant report is not "multi-motived” and, therefore, falls within the ambit of CPLR 3101 (d).

We next consider whether Special Term erred in ordering discovery of subsequent repairs on the authority of *Caprara v Chrysler Corp.*(52 NY2d 114). In a negligence suit, proof of postaccident repairs is not ordinarily admissible. However, the assertion of a claim of defective manufacture, as alleged in plaintiffs’ second cause of action, permits disclosure of such information. Special Term’s order on this issue should, therefore, be affirmed. The time limitations imposed by Special Term for disclosure are otherwise reasonable and adequate. Special Term’s exercise of discretion should not be disturbed *(see, Nitz v Prudential-Bache Sec.,*102 AD2d 914).

Order modified, on the law, without costs, by reversing so much thereof as denied defendant’s motion regarding item No. 1 in the notice for discovery and inspection; said item vacated; and, as so modified, affirmed. Mahoney, P. J., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.
**Exhibit 32.1**

 

**CERTIFICATIONPURSUANT TO****18 U.S.C.SECTION 1350,****ASADOPTED PURSUANT TO****SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of U.S. Restaurant Properties, Inc., (the “Company”) on Form10-Q for the period ending September 30, 2003 as filed with the Securitiesand Exchange Commission on the date hereof (the Report), I, Robert J. Stetson,Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:

 

(1) The Reportfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange 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.

 

 
| /s/ Robert  J. Stetson   |   |
|--------------------------|--------|
| Robert J.  Stetson       |
| Chief  Executive Officer |
| November 14,  2003  |

 

1

----
#### In the Matter of Board of Education of the Enlarged City School District of Middletown, Appellant, v Middletown Teachers Association et al., Respondents.

In a proceeding pursuant to CPLR article 75 to stay arbitration, the *573appeal is from an order of the Supreme Court, Orange County (Green, J.), dated July 26, 1984, which denied the application and directed the parties to proceed to arbitration.

Order affirmed, with costs.

This case involves a demand for arbitration of a grievance filed on behalf of a member of the respondent Teachers Association, whose application for a grant of sick leave days from a "sick leave bank”, established pursuant to a collective bargaining agreement, was rejected by petitioner’s designated representative to the Sick Leave Bank Governing Committee. The agreement contains a provision that the committee’s decisions are "final”. However, when a rejection is "deemed totally without justification”, it may be submitted for "nonsubstantive” arbitral review. This arbitration provision is separate from the broad arbitration provisions applicable to other grievances under the agreement.

The stated grounds for the rejection of grievant’s application are arguably without justification and procedural. Therefore, under the terms of the relevant provision, the rejection is subject to nonsubstantive review by an arbitrator.

The relief sought by grievant is the grant of a block of days from the sick leave bank. According to the agreement, the ultimate decision over whether to grant this relief lies exclusively with the Committee, over which petitioner exercises a veto power. However, that would not preclude an arbitrator from reviewing a claim that bargained for procedural steps, preliminary to the final determination, had not been complied with *(see, Matter of Port Washington Union Free School Dist. v Port Washington Teachers Assn.,*45 NY2d 411, 417-418).

Arbitrators have broad powers to fashion relief, and a court, in deciding an application for a stay, should not prematurely assume that a remedy, if granted, will be an impermissible one *(see, Board of Educ. v Barni,*51 NY2d 894; *Matter of South County Cent. School Dist. [Paul],*103 AD2d 780). Accordingly, Special Term correctly denied the application for a stay of arbitration. Gibbons, J. P., Thompson, Brown and Eiber, JJ., concur.
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