alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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EXHIBIT 32.1

CERTIFICATION OF THE PRINCIPAL EXECUTIVE OFFICER

Pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of ImmunoCellular Therapeutics, Ltd. (the Company) hereby certifies that, to his knowledge:

(i) The Annual Report on Form 10-K of the Company for the fiscal year ended December 31, 2009 (the
Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

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



|      |  |                |  |  |  |        |  |                                      
|----- |  | -------------- |  |  |  | ------ |  | -------------------------------------
|      |  |                |  | 
|      |  |                |  | 
|Date: |  | March 30, 2010 |  |  |  | By:    |  | /s/ Manish Singh                     
|      |  |                |  |  |  | Name:  |  | Manish Singh, Ph.D.                  
|      |  |                |  |  |  | Title: |  | President and Chief Executive Officer
petition was procedurally barred absent a demonstration of good cause

and actual prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3). Appellant claimed that he had good cause because his postconviction counsel failed to raise the twelve grounds for relief in the prior proceedings. Ineffective assistance of post-conviction counsel would not be good cause in the instant case because the appointment of counsel in the prior post-conviction proceedings was not statutorily or constitutionally required. Crump v. Warden, 113 Nev. 293, 303, 934 P.2d 247, 253 (1997); McKague v. Warden, 112 Nev. 159, 164, 912 P.2d 255, 258 (1996). Accordingly, we

ORDER the judgment of the district court AFFIRMED. 3

J.

J. Hardesty
Parraguirre 

## OVA Cherry

3 We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted.

SUPREME COURT

OF NEVADA (0) 1947A 2 ;',1A-STSWnTilM --el FE

### cc: Hon. Brent T. Adams, District Judge Carlos Ruiz Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT

OF NEVADA (0) 1947A 

### 3

7-t
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#### Hyowon Kim, Respondent, v Alvin Cruz et al., Appellants, et al., Defendant.

[941 NYS2d 869]

In an action to recover damages for personal injuries, the defendants Alvin Cruz and Mercedes Benz USA appeal from an order of the Supreme Court, Queens County (Fineda-Kirwan, J.), entered January 14, 2011, which denied their motion pursuant to CFLR 3211 (a) (5) to dismiss the complaint as time-barred.

*821Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured on October 20, 2007, when she was struck, in an intersection, by a car driven by the defendant Alvin Cruz and owned by the defendant Mercedes Benz USA (hereinafter together the appellants). The plaintiff initially commenced an action to recover damages for negligence in the United States District Court for the Southern District of New York (hereinafter the District Court). After discovery, the District Court dismissed the action for failure to prosecute. On April 28, 2010, before the expiration of the three-year statute of limitations *(see*CPLR 214), the plaintiff commenced the instant action in the Supreme Court, Queens County, based upon the same allegations. The appellants moved to dismiss the complaint as time-barred.

CPLR 205 (a) is a tolling provision, which “serves the salutary purpose of preventing a Statute of Limitations from barring recovery where the action, at first timely commenced, had been dismissed due to a technical defect which can be remedied in a new action” *(United States Fid. & Guar. Co. v Smith Co.,*46 NY2d 498, 505 [1979]; *see generally Matter of Billman v Port Jervis School Dist.,*84 AD3d 1367, 1370 [2011]; *Franchise Acquisitions Group Corp. v Jefferson Val. Mall Ltd. Partnership,*73 AD3d 1123, 1124 [2010]; *Sullivan v Nimmagadda,*63 AD3d 908, 908-909 [2009]). Although the appellants are correct that the six-month extension provided by CPLR 205 (a) is not available to a plaintiff whose prior action was dismissed for neglect to prosecute, the provision has no application in this case, in which the statute of limitations has yet to expire *(see Boyea v Fiore,*176 AD2d 1003, 1003-1004 [1991]). “Where, as here, the statutory time limit has not expired, due to a toll or otherwise, this section cannot be applied in such a way as to shorten the period otherwise available to the plaintiff” *(United States Fid. & Guar. Co. v Smith Co.,*46 NY2d at 505; *see Boyea v Fiore,*176 AD2d at 1004). Accordingly, the Supreme Court properly denied the appellants’ motion to dismiss the complaint as time-barred.

The appellants’ remaining contentions are not properly before this Court, as they are raised for the first time on appeal. Skelos, J.E, Eng, Belen and Cohen, JJ., concur.
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ARS Home Southeast Area Stoneville, Mississippi Crop Production Systems Research People & Locations







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**EXHIBIT 32.1**

 

**CERTIFICATIONPURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002(18 U.S.C. SECTION 1350)**

 

Pursuantto section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and(b) of section 1350, chapter 63 of title 18, United States Code),each of the undersigned officers of Force Protection, Inc., a Nevadacorporation (the “Company”), does hereby certify, to such officer’s knowledge,that:

 

TheQuarterly Report for the quarter ended September 30, 2005 (the “Form 10-QSB”)of the Company fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934, and the informationcontained in the Form 10-QSB fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
|   | Date: November 15, 2005    |   |
|--------|---------------------------------|--------|
|   |                            |   |
|   |                            |   |
|   | /s/ Gordon McGilton             |   |
|   | Gordon McGilton                 |   |
|   | Chief Executive Officer         |   |
|   |                            |   |
|   |                            |   |
|   | Date: November 15, 2005    |   |
|   |                            |   |
|   |                            |   |
|   | /s/ R. Scott Ervin              |   |
|   | R. Scott Ervin                  |   |
|   | Interim Chief Financial Officer |   |

 

----
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 16

- 00383

- CV

T.M. APPELLANT

V.

M.M. APPELLEE

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

FROM THE 211TH DISTR ICT COURT OF DENTON COUNTY

TRIAL COURT NO. 16

- 0 8106

- 211

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



### MEMORANDUM OPINION 1 

### AND JUDGMENT

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

Appellant attempts to appeal the entry of a Final Protec tive Order by the

trial court. Appellant’s br i ef was due February 10, 2017. On March 7, 2017, we

notified appellant that his brief had not been filed as required by Texas Rule of

Appellate Procedure 38.6(a). See Tex. R. App. P. 38.6(a). We stated we could

dismiss the appeal for want of prosecution unless appellant or any party desiring

to continue this appeal filed with the court within ten days a response showing

1 See Tex. R. App. P. 47.4.2

grounds for continuing the appeal. See Tex. R. App. P. 42.3. We have not

received any response.

Because appellant ’ s brief has not been filed, we dismiss the appeal for

want of prosecution. See Tex. R. App. P. 38.8(a), 42.3(b), 43.2(f).

PER CURIAM

PANEL: SUDDERTH, KERR, and PITTMAN, JJ.

DELIVERED: April 6, 2017
#### In the Matter of Isaac J. White, Petitioner, v Thomas P. DiNapoli, as State Comptroller, Respondent.

[941 NYS2d 895]

Spain, J.

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 respondent which denied petitioner’s application for performance of duty disability retirement benefits.

Petitioner, a correction officer, filed an application for performance of duty disability retirement benefits, alleging, among other things, that he was permanently incapacitated due to a shoulder injury sustained on July 8, 2006.* According to petitioner, he was supervising a work crew of inmates stripping dirty wax off a floor when he turned to inspect a kitchen sink that had just been cleaned. As he turned back, he stepped on some slippeiy stripping chemicals and injured his rotator cuff as he grabbed the wall to try and avoid falling. The application was initially denied and petitioner sought a hearing and a redetermination. Following a hearing, the Hearing Officer denied the application, finding that petitioner’s injury was caused by his own inattention and was not “the result of an act of [an] inmate.” Respondent adopted the Hearing Officer’s findings and this CPLR article 78 proceeding ensued.

We confirm. As the applicant, petitioner bore the burden of demonstrating that the incident was “the natural and proximate result of any act of any inmate” (Retirement and Social Security Law § 607-c [a]). Here, petitioner was supervising inmates while they waxed floors, the type of routine chore this Court has specifically held “does not constitute an act of an inmate for the purposes of awarding performance of duty disability retirement benefits” *(Matter of Parish v DiNapoli,*89 AD3d 1315, 1317 [2011]). Although petitioner testified that he fell because the inmate stripping the floor did not comply with his order to work on the opposite side of the room from where he was injured, such a circumstance, even if credited, would not fulfill the statute’s requirement that “a correction officer’s injuries be caused by direct interaction with an inmate” *(Matter of Davis v DiNapoli,*56 AD3d 933, 934 [2008] [internal quotation marks and citation omitted]; *see Matter of Koziuk v New York State Comptroller,*78 AD3d 1458, 1459 [2010]).

*1291Mercure, J.P., Lahtinen, McCarthy and Garry, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

*

 Although petitioner originally alleged in his application that a July 28, 2006 incident also constituted a qualifying act of an inmate, this claim was withdrawn at the hearing.
EXHIBIT 23.1

INDEPENDENT AUDITORS' CONSENT



We consent to the  incorporation  by reference in Registration  Statements (Nos.
33-35941,  33-43868,  33-43866, 33-45994, 33-45142, 33-54382, 33-69946, 33-75088
and 333-28593) of Bentley Pharmaceuticals, Inc. and subsidiaries (the "Company")
on Form S-3 and the  Registration  Statement No. 33-85154 of the Company on Form
S-8 of our reports dated March 26, 1999,  appearing in the Annual Report on Form
10-K of the Company for the year ended December 31, 1998.



/s/ DELOITTE & TOUCHE LLP

DELOITTE & TOUCHE LLP

Tampa, Florida
March 26, 1999


                                      E-1
Exhibit   99.1

                            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 Annual Report of Westford Technology Ventures, L.P. (the
"Partnership") on Form 10-K for the year ended December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Jeffery T. Hamilton, Chief Executive Officer of the Partnership, 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 result of operations of the
Partnership.



/s/      Jeffrey T. Hamilton
------------------------------------
Jeffery T. Hamilton
President, Hamilton Capital Management, Inc.

April 15, 2003
#### James Gregware et al., Plaintiffs, v City of New York, Defendant, Burtis Construction, Co., Inc., Appellant, and MD K. Hasan et al., Respondents.

[941 NYS2d 152]

Orders, Supreme Court, New York County (George J. Silver, J.), entered January 20, 2011, which granted defendants Romero-Valerezo and Romero’s, Hasan and Dochenka Taxi’s, and Ahmad Albahri and Omar Albahri’s motions for summary judgment dismissing the complaint and all cross claims against them, unanimously affirmed, without costs.

Following a three-car collision on the West Side Highway, plaintiff’s vehicle collided with one of the stopped cars. The impact of this collision was slight, and he was not injured. He exited his car to check on the passengers in the other car. After learning that they were uninjured, he returned to his car, retrieved his insurance information, and exited his car a second time. At that moment, a car driven by defendant DaSilva rear-ended plaintiffs car, which struck and injured plaintiff.

Defendant Burtis Construction Co. did not oppose Romero and Romero-Valerezo’s and Hasan and Dochenka Taxi’s motions, and therefore may not appeal from the order that decided them *(see Tortorello v Carlin,*260 AD2d 201, 205 [1999]). In any event, the drivers of the cars that were involved in the initial accident did not cause DaSilva to hit plaintiff; they “did nothing more than furnish the condition or give rise to the occasion by which the injury was made possible and which was brought about by the intervention of a new, independent and efficient cause” *(Barnes v Fix,*63 AD3d 1515, 1516 [2009], *lv denied 13*NY3d 716 [2010] [internal quotation marks omitted]). Concur — Tom, J.P., Catterson, Renwick and Richter, JJ.