alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Jaiber Albornoz-Sinisterra, Petitioner, v Joseph Smith, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

[944 NYS2d 803]—

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

While a female correction officer was conducting a standing count of inmates, she observed petitioner standing naked in his cell facing her. Although he had a sheet covering the cell bars to *1582the height of the feed up tray, his genitals were clearly visible and he did not attempt to cover them. When the officer instructed petitioner to put on shorts, he argued with her. As a result of this incident, petitioner was charged in a misbehavior report with engaging in lewd conduct, harassing an employee and failing to comply with count procedures. Following a tier III disciplinary hearing, he was found guilty of the charges. On administrative appeal, the charge of failing to comply with count procedures was dismissed, but the remaining charges were upheld with a modified penalty. This CPLR article 78 proceeding ensued.

The misbehavior report, together with the testimony of the correction officer who prepared it, the testimony of another correction officer who responded to the scene, and petitioner’s admission to being naked, provide substantial evidence supporting the determination of guilt *(see Matter of Abreu v Bezio,*78 AD3d 1341, 1342 [2010]; *Matter of Pena v Selsky,*53 AD3d 938, 938-939 [2008]). Petitioner’s claim that he did not intentionally expose himself to the female officer presented a credibility issue for the Hearing Officer to resolve *(see Matter of Lynch v Fischer,*76 AD3d 734, 735 [2010]; *Matter of Hodges v Fischer,*71 AD3d 1295, 1296 [2010]). Moreover, while petitioner further complains that the rule violations set forth in the misbehavior report were inaccurate, a correction officer who reviewed the disciplinary packet prior to the hearing testified that he remedied this clerical error by making the proper notations on the misbehavior report. In view of this, and given that the misbehavior report gave petitioner adequate notice of the charges to enable him to prepare a defense *(see Matter of Richardson v Coombe,*231 AD2d 789, 790 [1996]), the determination is confirmed.

Rose, J.P, Lahtinen, Kavanagh, Garry and Egan Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
#### Rahmat Hedvat, Plaintiff, v Yonkers Contracting Company, Inc., Respondent, and URS Corporation—New York, Defendant/Third-Party Plaintiff-Appellant/Second Third-Party Plaintiff-Appellant, et al, Defendant, et al., Third-Party Defendant. Stone & Webster Engineering New York, P.C., Second Third-Party Defendant-Respondent.

[948 NYS2d 45]

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered April 28, 2011, which, insofar as appealed from as limited by the briefs, denied so much of defendant URS Corporation’s motion for summary judgment as sought dismissal of defendant Yonkers’s cross claim for contribution and second third-party defendant Stone & Webster’s counterclaim for contribution, unanimously affirmed, with costs.

*698The court properly declined to dismiss the contribution claims, as triable issues of fact exist as to whether URS, the construction manager, had the authority to control the work site and whether it had notice of the alleged dangerous condition on the site *(Urban v No. 5 Times Sq. Dev., LLC,*62 AD3d 553, 556 [2009]).

As to whether URS had sufficient control over the site to address the alleged dangerous condition, URS’s quality control inspector testified that URS employed three to four inspectors for the project, that it hired various subcontractors to perform inspections, that it was required to report any dangerous conditions on the site, and that it had a site safety officer at the site. In addition, plaintiff testified that he reported to URS’s quality control inspector, among others. Plaintiff also testified that he reported to one of Stone & Webster’s construction managers who, in turn, reported to URS’s project manager. Accordingly, questions of fact exist as to the scope and extent of URS’s control and authority *(see Urban,*62 AD3d at 556).

With regard to notice, URS failed to offer any evidence in admissible form that it did not have actual or constructive notice of the alleged dangerous condition. The testimony of its quality control inspector, that he “likely went through th[e] area” where plaintiff was injured but was not “intimately familiar” with it, was insufficient to make a prima facie showing of lack of notice *(compare Martinez v Hunts Point Coop. Mkt., Inc.,*79 AD3d 569, 570 [2010]; *Santoni v Bertelsmann Prop., Inc.,*21 AD3d 712, 713-714 [2005]).

We have considered URS’s remaining contentions and find them unavailing. Concur — Mazzarelli, J.P., Catterson, Moskowitz, Manzanet-Daniels and Román, JJ.
Page	1— DECLARATION	OF	COUNSEL--SUMMARY	JUDGMENT	RESPONSE.

Lauren	C.	Regan,	OSB	#970878

Justice	Law	Group

lregan@justicelaworegon.com

259	E.	5th Ave,	Suite	300A

Eugene,	OR	97401

Telephone:	(541)	687-9180

Fax:	(541)	686-2137

Attorney	for	Plaintiff	Justin	Michael	Wilkens

IN	THE	UNITED STATES	DISTRICT	COURT

FOR	THE	DISTRICT	OF	OREGON

JUSTIN	MICHAEL	WILKENS,

Plaintiff,

v.

ROBERT	WAYNE	EDWARDS,	in	his	

individual capacity; THE	STATE	OF	

OREGON,

Defendants.

Case	No.	 6:14-cv-00907-MC

DECLARATION	OF	COUNSEL	

LAUREN	REGAN	

The undersigned, Lauren C. Regan, states as follows:

1. I am the attorney for Plaintiff Justin Wilkens in the above captioned case, and I make 

this declaration in support of Plaintiff’s Summary Judgment Response. I have 

personal knowledge of the following and in competent to testify to the same.

2. The following is a list of true and correct copies of Exhibits filed in support of 

Plaintiffs response. 

Pl. Ex. 1: Photos of defendant’s police vehicle lights, plaintiff’s motorcycle.

Pl. Ex. 2: OSP Kenyon interview. REDACTED; FILED UNDER SEAL PER 

SPO

Case 6:14-cv-00907-MC Document 47 Filed 08/31/15 Page 1 of 3
Page	2— DECLARATION	OF	COUNSEL--SUMMARY	JUDGMENT	RESPONSE.

Pl. Ex. 3: Oregon State Police Defensive Tactics Instructor’s Manual, B-111, B114 (kicks are at the fifth level of the OSP’s seven level force continuum; B-67-68

impact weapons must only be used when a suspect is engaged in active resistance).

REDACTED; FILED UNDER SEAL PER SPO

Pl. Ex. 4: OSP’s Use of Force Continuum B-123 REDACTED; FILED 

UNDER SEAL PER SPO

Pl. Ex. 5: Oregon State Police Defensive Tactics Instructor’s Manual, B: 860 pp. 

35-36 (proper protocol for getting a person to their feet after engaged in high risk 

handcuffing). REDACTED; FILED UNDER SEAL PER SPO

Pl. Ex. 6: Relevant excerpts of plaintiff Justin Wilkens deposition taken on April 

15, 2015.

Pl. Ex. 7: Relevant excerpts of defendant Robert Edwards deposition taken on

April 29, 2015.

Pl. Ex. 8: Relevant excerpts of OSP David Peterson deposition taken on May 5, 

2015.

Pl. Ex. 9: Relevant excerpts of OSP Scott Hite deposition taken on May 5, 2015.

Pl. Ex. 10: Relevant documentation regarding Mapleton bank robbery

Pl. Ex. 11: Lane County Sheriffs Office CAD and Incident Report

Pl. Ex. 12: OSP Notice of Reprimand. REDACTED; FILED UNDER SEAL

PER SPO

Pl. Ex. 13: OSP use of force report: failure to activate siren. REDACTED; 

FILED UNDER SEAL PER SPO

Pl. Ex. 14: Sacred Heart emergency room medical records

Case 6:14-cv-00907-MC Document 47 Filed 08/31/15 Page 2 of 3
Page	3— DECLARATION	OF	COUNSEL--SUMMARY	JUDGMENT	RESPONSE.

Pl. Ex. 15: Dr. Boespflug medical record

I declare under penalty of perjury that the foregoing is true and correct.

DATED	August	23,	2015.

 __/s/ Lauren C. Regan________

												Lauren	C.	Regan,	OSB	#970878

																																																				Attorney	for	Justin	Michael	Wilkens

Case 6:14-cv-00907-MC Document 47 Filed 08/31/15 Page 3 of 3
<PAGE>   1

                                                                   EXHIBIT 10.43




                          THIRD ADDENDUM TO THE LEASE


THIS ADDENDUM IS HEREBY ATTACHED AND SHALL BECOME PART OF THAT CERTAIN LEASE 
WHEREIN QED ASSOCIATES IS THE LESSOR AND INNERDYNE MEDICAL, A CALIFORNIA 
CORPORATION IS THE LESSEE FOR THAT CERTAIN PREMISES 1244 REAMWOOD AVENUE, 
SUNNYVALE, CALIFORNIA AND DATED SEPTEMBER 2, 1993 FOR REFERENCE PURPOSES ONLY.

All of the terms and conditions of the lease will remain in full force and 
effect with the exception of the following:

1.   TERM: The previous lease term ends December 5, 1998. The Lessee hereby 
     exercises its one (1) option to renew the lease for an additional five 
     year term which shall begin on December 6, 1998 and end November 30, 2003.

2.   RENTAL RATE: The rental rate for the extended term shall be as follows:

          December 6, 1998 to November 30, 1999: $29,725.00 NNN per month
          December 1, 1999 to November 30, 2000: $30,750.00 NNN per month
          December 1, 2000 to November 30, 2001: $31,775.00 NNN per month
          December 1, 2001 to November 30, 2002: $32,800.00 NNN per month
          December 1, 2002 to November 30, 2003: $33,825.00 NNN per month

3.   This is to confirm that QED will revert the subleased portion of the 
     building to a similar condition that is acceptable to InnerDyne, Inc.

Agreed and accepted this 31st day of August 1998.


Lessor: QED Associates, a partnership



By: /s/ [SIGNATURE ILLEGIBLE]
    -----------------------------------------------

Lessee: InnerDyne Medical, a California Corporation



By: /s/ [SIGNATURE ILLEGIBLE]
    -----------------------------------------------
Exhibit 23


                          INDEPENDENT AUDITOR'S CONSENT


Board of Directors and Shareholders
RidgeStone Financial Services, Inc.

We consent to the incorporation by reference in the Registration Statements of
RidgeStone Financial Services, Inc. on Form S-8 (File No. 333-28299 and File No.
333-52323) of our report dated February 7, 2002, on our audit of the
consolidated financial statements for the year ended December 31, 2001, which
report is included in this Annual Report on Form 10-KSB.


                                            VIRCHOW, KRAUSE & COMPANY, LLP

                                            /s/ Virchow, Krause & Company, LLP


Milwaukee, Wisconsin
March 21, 2002
<PAGE>
                                                                    EXHIBIT 99.2

                            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 Land O'Lakes, Inc. (the "Company") on
Form 10-Q for the period ending September 30, 2002 as filed with the Securities
and Exchange Commission on November 14, 2002 (the "Report"), I, Daniel Knutson,
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 results of operations of the
     Company.



                                                By /s/ Daniel Knutson
                                                -------------------------------
                                                         Daniel Knutson
                                                      Senior Vice President
                                                   and Chief Financial Officer
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###### Federal Reserve System

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Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue, NW, Washington DC 20551-0001, not later than September 15, 2021.

*A. Federal Reserve Bank of Chicago*                     (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:                

                    1.                     *Bank Michigan Financial, Brooklyn, Michigan;*                     to become a bank holding company by acquiring Bank Michigan, Brooklyn, Michigan.                

Board of Governors of the Federal Reserve System, August 11, 2021.

Ann Misback,

Secretary of the Board.

[FR Doc. 2021-17502 Filed 8-13-21; 8:45 am]

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UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

SHEILA M. DOOHAN EARHART, Civil Case No. 6:14-CV-01049-KI

Plaintiff,

JUDGMENT

v.

CAROLYN W. COLVIN,

Acting Commissioner of Social Security,

Defendant.

Max Rae

P. O. Box 7790

Salem, Oregon 97303

Attorney for Plaintiff

S. Amanda Marshall

United States Attorney

District of Oregon

Page 1 - JUDGMENT

Case 6:14-cv-01049-KI Document 21 Filed 05/18/15 Page 1 of 2
Ronald K. Silver

Assistant United States Attorney

1000 SW Third Avenue, Suite 600

Portland, Oregon 97201-2902

Thomas M. Elsberry

Special Assistant Untied States Attorney

Office of the General Counsel

Social Security Administration

701 Fifth Avenue, Suite 2900 M/S 221A

Seattle, Washington 98104-7075

Attorney for Defendant

KING, Judge:

Based on the record,

The decision of the Commissioner is reversed. The case is remanded for a finding of 

disability as of April 14, 2009. 

Dated this 18th day of May, 2015.

 /s/ Garr M. King 

Garr M. King

United States District Judge

Page 2 - JUDGMENT

Case 6:14-cv-01049-KI Document 21 Filed 05/18/15 Page 2 of 2
AMENDMENT AGREEMENT

         AMENDMEDNT AGREEMENT, dated as of June 29, 2000 (this "Agreement"), by
and between EUROTECH, LTD., a District of Columbia corporation (the "Company"),
and WOODWARD LLC, a Cayman Islands limited liability company ("Woodward").

         WHEREAS, on April 24, 2000, the Company and Woodward entered into a
Common Stock Purchase Agreement pursuant to which Woodward was to pay to the
Company $10,000,000 and deliver to the Company certain other consideration, and
the Company was to issue to Woodward 2,000,000 authorized but unissued shares of
its common stock; and

         WHEREAS, in connection with that Common Stock Purchase Agreement,
Woodward and the Company entered into a Registration Rights Agreement pursuant
to which the Company agreed to file by May 15, 2000 a registration statement to
permit the public resale of such 2,000,000 shares and certain other shares
issued or issuable to Woodward; and

         WHEREAS, on April 25, 2000, Woodward remitted to the Company the sum of
$10,000,000, but the parties have continued their negotiations as to certain
other aspects of the transaction; and

         WHEREAS, in connection with a purchase by Woodward on December 31, 1999
of certain shares of the Company, the parties entered into an additional
agreement (the "Commitment Agreement") pursuant to which Woodward agreed,
subject to and upon the terms and condition set forth in the Commitment
Agreement, to purchase from the Company additional shares of its common stock;

         NOW THEREFORE, in consideration of the premises the parties hereby
agree as follows:

         1. The Company shall not be required to file a registration statement
pursuant to the Registration Rights Agreement referred to above before September
15, 2000.

         2. Because of continuing questions about the value of the other
consideration, Woodward agrees to remit to the Company, promptly upon the
effectiveness of such registration statement and in consideration of the
issuance to Woodward of such 2,000,000 and the other consideration, additional
$1,250,000.

         3. The Commitment Agreement is amended so that the aggregate purchase
price of the Company's common stock that Woodward may be required to purchase
pursuant thereto, including all such shares heretofore purchased by Woodward, is
increased to $75,000,000.

<PAGE>

         4. In other respects, the referenced Common Stock Purchase Agreement,
Registration Rights Agreement and Commitment Agreement shall remain in effect as
originally executed and delivered.

         IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed and delivered by their respective officers thereunto duly authorized as
of the date first above written.

WOODWARD, LLC                                        EUROTECH, LTD.

                                                     /s/ Don V. Hahnfeldt
---------------------------                          ---------------------------
                                                         Don V. Hahnfeldt
                                                         President