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</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-2100

SIKOD BASUNG,

Petitioner,

versus

ALBERTO R. GONZALES, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration

Appeals. (A79-235-632)

Submitted: March 23, 2005 Decided: April 4, 2005

Before WILKINSON, WILLIAMS, and MOTZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Bokwe G. Mofor, Silver Spring, Maryland, for Petitioner. Paul J.

McNulty, United States Attorney, Robert K. Coulter, Assistant

United States Attorney, Alexandria, Virginia, for Respondent.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Sikod Basung, a native and citizen of Cameroon, petitions

for review of an order of the Board of Immigration Appeals

(“Board”) denying his motion to reopen and to reconsider its

previous order affirming, without opinion, the immigration judge’s

denial of asylum, withholding of removal, and protection under the

Convention Against Torture. We have reviewed the record and the

Board’s order and find that the Board did not abuse its discretion

in denying Basung’s motion. See 8 C.F.R. § 1003.2(a) (2004).

Accordingly, we deny the petition for review on the reasoning of

the Board. See In re: Basung, No. A79-235-632 (B.I.A. Aug. 17,

2004). We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

PETITION DENIED
#### The State v. David Walker, *Appellant.*

The cases of *State v. William Walker, ante,*p. 95 ; *State v, John Matheivs, ante,*p. 119 ; and *State v. Wiley Mathews, ante,*p. 125, followed and affirmed.

*Appeal from Christian Circuit Court.*— How. W. D. Hubbard, Judge.

Affirmed.

*Boyd & Delaney*and *Travers*cfe *Payne*for appellant.

*B. G.*Boone, Attorney General, for the State.

Brace, J.

— The defendant David Walker, with William Walker, John Mathews, Wiley Mathews and twelve others, was indicted in the circuit court of Christian county for killing Charles Greene on the night *136of the eleventh of March, 1887. The defendant, upon a separate trial, was convicted of murder in the first degree. William Walker, John Mathews and Wiley Mathews were also on separate trials each convicted of murder in the first degree. Their cases were brought to this court by appeal, and in each of them, at the present term, opinions have been delivered and decisions rendered, sustaining their conviction, and "in two of them motions for rehearing have been considered and overruled. *Ante,*pp. 95, 119, 125.

In these cases, all of the legal questions raised by counsel for the defendant in the present case, of any significance, about which a doubt could be entertained, have been considered and passed upon adversely to the defendant, and after a p atient and critical review of the whole record in this case, and mature consideration of every point made against the action of the court in it, by the indefatigable zeal of able and skilful counsel, we fail to find any error that calls for a reversal of the judgment of the circuit court. In view of what has been said in the preceding cases, we deem it unnecessary to again enter upon a review of the facts, to which the trial court confined the evidence bearing upon, and connecting the defendant with, this unprovoked and barbarous murder, or upon a discussion of the law which the court fully and carefully laid down in appropriate instructions to the j ury based upon those facts, holding that if the defendant was of the number of the lawless band who perpetrated it, and of which the evidence tended to show he was the leader and master spirit, he could be guilty of no less a crime than murder in the first degree and could have no ground of justification to stand upon. Our views of the law sufficiently appear in those cases, to obviate the necessity of an elaborate opinion in this.

The judgment of the circuit court is affirmed.

All concur, except Sherwood, J., absent, and Barclay, J., not sitting.
II

105TH CONGRESS

1ST SESSION S. 1247

To amend title 38, United States Code, to limit the amount of recoupment

from veterans’ disability compensation that is required in the case of

veterans who have received special separation benefits from the Department of Defense.

IN THE SENATE OF THE UNITED STATES

OCTOBER 1, 1997

Mr. JEFFORDS (for himself, Mr. CONRAD, Ms. COLLINS, Mr. MURKOWSKI,

Mr. REID, and Mr. AKAKA) introduced the following bill; which was read

twice and referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to limit the amount

of recoupment from veterans’ disability compensation

that is required in the case of veterans who have received

special separation benefits from the Department of Defense.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Special Separation

5 Benefits Improvement Act’’.
2

•S 1247 IS

1 SEC. 2. LIMITATION ON INCENTIVE RECOUPMENT FROM

2 VETERANS COMPENSATION BENEFITS.

3 (a) IN GENERAL.—(1) Chapter 53 of title 38, United

4 States Code, is amended by inserting after section 5304

5 the following new section:

6 ‘‘§ 5304A. Recoupment of special separation benefits

7 from compensation: limitation

8 ‘‘In the case of a veteran with a service-connected dis9 ability who is entitled to compensation and who is paid

10 special separation benefits under section 1174a of title 10,

11 the amount of compensation otherwise payable to that vet12 eran that is deducted pursuant to section 1174a(g) of title

13 10 by reason of the payment to that veteran of such bene14 fits may not exceed 75 percent of the total amount of the

15 benefits paid to the veteran.’’.

16 (2) The table of sections at the beginning of such

17 chapter is amended by adding at the end the following

18 new item:

‘‘5304A. Recoupment of special separation benefits from compensation: limitation.’’.

19 (b) EFFECTIVE DATE.—Section 5304A of title 38,

20 United States Code, as added by subsection (a), shall

21 apply with respect to payment of compensation by the Sec22 retary of Veterans Affairs for months beginning after De23 cember 5, 1991.

Æ
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see 1 Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please 2 also note that this electronic memorandum opinion may contain computer-generated errors or other 3 deviations from the official paper version filed by the Court of Appeals and does not include the 4 filing date. 5 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 6 MARGARET MEDINA, 7 Worker-Appellee, 8
v. NO. 31,405 9 GENERAL ELECTRIC AVIATION 10 and GENERAL ELECTRIC, TPA 11 SEDGWICK CMS, 12 Employer/Insurer-Appellants. 13 APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION 14 Victor S. Lopez, Workers’ Compensation Judge 15 Margaret Medina 16 Albuquerque, NM 17 Pro Se Appellee 18 Kelly A. Genova, P.C. 19 Kelly A. Genova 20 Albuquerque, NM 21 for Appellants 22 MEMORANDUM OPINION 23 WECHSLER, Judge. 242 Summary affirmance was proposed for the reasons stated in the notice of 1 proposed disposition. No memorandum oppos ing summary affirmance has been filed, 2 and the time for doing so has expired. 3 Affirmed. 4 IT IS SO ORDERED. 5

______________________________ 6 JAMES J. WECHSLER, Judge 7 WE CONCUR: 8

_______________________________ 9 CYNTHIA A. FRY, Judge 10

_______________________________ 11 LINDA M. VANZI, Judge 12
II

105TH CONGRESS

1ST SESSION S. 161

To amend title 38, United States Code, to revise certain provisions relating

to the appointment of clinical and counseling psychologists in the Veterans Health Administration, 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 Veterans’ Affairs

A BILL

To amend title 38, United States Code, to revise certain

provisions relating to the appointment of clinical and

counseling psychologists in the Veterans Health Administration, 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,
2

•S 161 IS

1 SECTION 1. REVISION OF AUTHORITY RELATING TO AP2 POINTMENT OF CLINICAL AND COUNSELING

3 PSYCHOLOGISTS IN THE VETERANS HEALTH

4 ADMINISTRATION.

5 (a) IN GENERAL.—Section 7401(3) of title 38, Unit6 ed States Code, is amended by striking out ‘‘who hold di7 plomas as diplomates in psychology from an accrediting

8 authority approved by the Secretary’’.

9 (b) CERTAIN OTHER APPOINTMENTS.—Section

10 7405(a) of such title is amended—

11 (1) in paragraph (1)(B), by striking out ‘‘Cer12 tified or’’ and inserting in lieu thereof ‘‘Clinical or

13 counseling psychologists, certified or’’; and

14 (2) in paragraph (2)(B), by striking out ‘‘Cer15 tified or’’ and inserting in lieu thereof ‘‘Clinical or

16 counseling psychologists, certified or’’.

17 (c) EFFECTIVE DATE.—The amendments made by

18 subsections (a) and (b) shall take effect on the date of

19 enactment of this Act.

20 (d) APPOINTMENT REQUIREMENT.—Notwithstand21 ing any other provision of law, the Secretary of Veterans

22 Affairs shall begin to make appointments of clinical and

23 counseling psychologists in the Veterans Health Adminis24 tration under section 7401(3) of title 38, United States
3

•S 161 IS

1 Code (as amended by subsection (a)), not later than 1 year

2 after the date of enactment of this Act.

Æ
#### In the Matter of Isabel Eugenio, Appellant, v City of Yonkers, New York, et al., Respondents.

[943 NYS2d 908] —

In a proceeding pursuant to CFLR article 78 to review a determination of the respondent City Council of the City of Yonkers, effective June 30, 2010, which abolished the position of Clerk II Spanish Speaking, and to reinstate the petitioner to that position with back pay, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Zambelli, J.), dated March 23, 2011, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

“[A] public employer may abolish civil service positions for the purposes of economy or efficiency” *(Matter of Hritz-Seifts v Town of Poughkeepsie,*22 AD3d 493, 493 [2005]; *see Matter of DiSanza v Town Bd. of Town of Cortlandt,*90 AD3d 659, 659 [2011]; *Matter of Rose v City of Newburgh,*239 AD2d 587, 587 [1997]). “One who challenges the validity of such an act has the burden of proving that the employer did not act in good faith in abolishing the position” *(Matter of DiSanza v Town Bd. of Town of Cortlandt,*90 AD3d at 659; *see Matter of Hritz-Seifts v Town of Poughkeepsie,*22 AD3d at 493; *Matter of Rose v City of Newburgh,*239 AD2d at 588; *Matter of Rosenthal v Gilroy,*208 AD2d 748, 749 [1994]; *see also Matter of Aldazabal v Carey,*44 NY2d 787, 788 [1978]). Here, the Supreme Court properly determined that the petitioner failed to sustain her burden of proving her position was abolished in bad faith *(see Matter of DiSanza v Town Bd. of Town of Cortlandt,*90 AD3d at 659; *Matter of Hritz-Seifts v Town of Poughkeepsie,*22 AD3d at 493; *Matter of Rose v City of Newburgh,*239 AD2d at 587; *Matter of Della Vecchia v Town of N. Hempstead,*207 AD2d 484, 485 [1994]).

Denial of the petitioner’s request for leave to conduct a deposition was appropriate. The submissions in opposition to the petition were sufficient to credibly support the determination to abolish the petitioner’s position and, under the circumstances, the petitioner’s request for further inquiry amounted to “no more than an expression of hope insufficient to warrant deferral of judgment” *(Price v New York City Bd. of Educ.,*51 AD3d 277, 293 [2008]).

*1213The petitioner’s remaining contention is without merit. Skelos, J.E, Dickerson, Eng and Austin, JJ., concur.
04C6018 George S. May International Company vs. Xcentric Ventures, LLC Page 1 of 1

Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge Charles R. Norgle Sitting Judge if Otherthan Assigned Judge

CASE NUMBER 04 C 6018 DATE 7/1/2005

CASE

TITLE

George S. May International Company vs. Xcentric Ventures, LLC

DOCKET ENTRY TEXT:

Plaintiff’s motion for substitute service of summons and complaint on defendant Ed Magedson and for

extension of time for service of summons and complaint is granted. 

Docketing to mail notices.

 Courtroom Deputy

Initials:

EF

Case 1:04-cv-06018 Document 55 Filed 07/01/2005 Page 1 of 1

George S May Intl, et al v. Xcentric Ventures, et al Doc. 55

Dockets.Justia.com
EXHIBIT 10


EXHIBIT 10.59




Description of Oral Extension-D. Richard Promissory Note, Two




Summary of Terms of the Orally Agreed upon Extension to following Simple Promissory Note (with corresponding exhibit number of original note) under which Registrant is the Borrower. No periodic payments are required and principal and interest are due on the extended due date.







	Original

	 
	 
	 
	 
	 
	 

	Note

	 
	 
	Original

	Oral

	 
	Annual


	Exhibit

	 
	Loan

	Due

	Extension

	 
	%


	Number

	Lender

	Date

	Date

	Date

	Principal

	Rate


	 
	 
	 
	 
	 
	 
	 

	10.38

	D. Richard

	08/22/2008

	12/22/2008

	12/31/2008

	$70,000.00

	10%
Document Headings

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                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
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                -                       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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Neurological Disorders and Stroke Special Emphasis Panel; Clinical Trials and Comparative Effectiveness Studies.                    

*Date:*                         August 23, 2021.                    

*Time:*                         10:00 a.m. to 5:30 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852 (Virtual Meeting).                    

*Contact Person:*                         Shanta Rajaram, Ph.D., Scientific Review Officer, Scientific Review Branch, Division of Extramural Activities, NINDS/NIH, NSC, 6001 Executive Blvd., Suite 3208, MSC 9529, Bethesda, MD 20892, (301) 435-6033,                         *rajarams@mail.nih.gov*.                    

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS)

Dated: August 11, 2021. 

Tyeshia M. Roberson-Curtis,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2021-17559 Filed 8-16-21; 8:45 am]

BILLING CODE 4140-01-P
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Case: 1:03-cv-05933 Document #: 57 Filed: 02/02/07 Page 1 of 1 PageID #:185
Case: 1:02-cv-05895 Document #: 153 Filed: 03/23/04 Page 1 of 4 PageID #:1337
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Case: 1:02-cv-05895 Document #: 153 Filed: 03/23/04 Page 3 of 4 PageID #:1339
Case: 1:02-cv-05895 Document #: 153 Filed: 03/23/04 Page 4 of 4 PageID #:1340
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1517 Referred in House (RFH)]

  2d Session
                                S. 1517

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 21, 1998

               Referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
                To extend the Visa Waiver Pilot Program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 217(f) of 
the Immigration and Nationality Act is amended by striking ``September 
30, 1997.'' and inserting ``April 30, 1998.''

            Passed the Senate November 10, 1997.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.
```