alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Nayely Herrera, Appellant, v E. 103rd St. & Lexington Ave. Realty Corp. et al., Respondents.

[943 NYS2d 477]—

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered April 1, 2011, which, in an action for personal injuries sustained when plaintiff slipped and fell on ice on the sidewalk abutting defendants’ building, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants established their entitlement to judgment as a matter of law by showing that they neither created nor had actual or constructive notice of the alleged hazardous condition *(see generally Rodriguez v 705-7 E. 179th St. Hous. Dev. Fund Corp.,*79 AD3d 518, 519 [2010]). Defendants submitted plaintiffs deposition testimony that she passed the location less than three hours before her fall and had not noticed any snow or ice on the sidewalk. Plaintiff also testified that when she returned to the location, she was looking straight ahead and did not notice ice on the sidewalk until after she fell. Defendants also submitted climatological data showing that there was no precipitation on the day of the accident and the testimony of the building superintendent that he was not aware of any complaints about the condition of the sidewalk prior to plaintiffs fall.

In opposition, plaintiff failed to raise a triable issue of fact. Indeed, the evidence shows that the alleged icy condition was not present for a sufficient period of time before the accident for defendants to have had time to discover and remedy it *(see Rivera v 2160 Realty Co., L.L.C.,*4 NY3d 837 [2005]; *Lenti v Initial Cleaning Servs., Inc.,*52 AD3d 288, 289 [2008]). Moreover, the record is devoid of evidence that previous snow removal efforts made the subject sidewalk more dangerous *(see Joseph v Pitkin Carpet, Inc.,*44 AD3d 462, 463-464 [2007]). Concur — Tom, J.P., Andrias, DeGrasse, Richter and Román, JJ.
#### The People of the State of New York, Respondent, v Steven Pitts, Appellant.

[944 NYS2d 924]

—Application by the appellant for a writ of error coram nobis to vacate, on the ground *787of ineffective assistance of appellate counsel, a decision and order of this Court dated June 7, 2011 *(People v Pitts,*85 AD3d 823 [2011]), affirming a sentence of the Supreme Court, Kings County, imposed June 2, 2010.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel *(see Jones v Barnes,*463 US 745 [1983]; *People v Stultz,*2 NY3d 277 [2004]). Mastro, A.P.J., Angiolillo, Leventhal and Austin, JJ., concur.
#### In the Matter of Michelina Martone, Petitioner, v New York State Comptroller et al., Respondents.

[943 NYS2d 921]—

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 Comptroller which denied petitioner’s application for accidental disability retirement benefits.

Petitioner, a school security aid, sustained injuries to her knee and neck when she slipped and fell on an area of wet floor that had recently been mopped. She thereafter applied for accidental disability retirement benefits, which were ultimately denied by respondent Comptroller. Petitioner then commenced this CPLR article 78 proceeding to challenge that determination.

Respondents now concede that petitioner’s injuries resulted from an accident and have informed this Court that they will accordingly annul the determination under review and process petitioner’s application for accidental disability retirement benefits. Inasmuch as petitioner has received all the relief to which she is entitled, the petition must be dismissed as moot *(see Matter of Whipple v New York State & Local Retirement Sys.,*91 AD3d 1017, 1017 [2012]; *Matter of Stage v DiNapoli,*86 AD3d 857, 858 [2011]).

Peters, EJ., Mercure, Stein, McCarthy and Garry, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.
<TABLE> <S> <C>

<ARTICLE>            5
<LEGEND>
This schedule contains summary financial information extracted from the
consolidated statements of financial condition and the consolidated statements
of operation of Unified Financial Services, Inc. filed as a part of the
Company's Quarterly Report on Form 10-QSB for the quarter ended March 31,
1999 and is qualified in its entirety by reference to such report.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                       8,036,645
<SECURITIES>                                   675,811
<RECEIVABLES>                               10,174,758
<ALLOWANCES>                                    38,326
<INVENTORY>                                          0
<CURRENT-ASSETS>                            19,064,190
<PP&E>                                       5,224,476
<DEPRECIATION>                               3,059,960
<TOTAL-ASSETS>                              26,195,430
<CURRENT-LIABILITIES>                       13,857,320
<BONDS>                                              0
<COMMON>                                        27,255
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      1,672
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                26,195,430
<SALES>                                              0
<TOTAL-REVENUES>                             6,512,054
<CGS>                                        1,640,216
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             4,635,873
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             123,879
<INCOME-PRETAX>                                187,988
<INCOME-TAX>                                     4,562
<INCOME-CONTINUING>                            183,426
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   183,426
<EPS-PRIMARY>                                     0.08
<EPS-DILUTED>                                     0.07
        

</TABLE>
## In the Court of Appeals Second Appellate District of Texas

at Fort Worth

No. 02

- 23

- 00420

- CV

K ASEY H OLDRIDGE ; R OBERT A.

L YONS

, P.A. ; R OBERT A. L YONS

, M.D. ;

AND C LEARVIEW S URGERY C ENTER

, I NC

. , Appellants

V

.

W ALLACE R

YNE

, O.D., P.C. ; AND

W ALLACE “ W

ALLY ” R

YNE

, Appellees §

§

§

§ On Appeal from the 67th District

Court

of Tarrant County ( 067

- 333004

- 22 )

July 18, 2024

Memorandum Opinion by Chief Justice

Sudderth

JUDGMENT

This court has considered the record on ap pe a l in this case and holds that there

was error in part of the trial court’s judgment. It is ordered that the judgment of the

trial court is affirmed in part and reversed and rendered in part. We therefore

• affirm the declaratory judgments interpreting t he Holdridge Agreement;

• reverse the breach of fiduciary duty judgment s and corresponding awards of compensatory and exemplary damages entered against Robert A. Lyons

, P

. A

. and render judgment that Wa llace Ryne

, O.D., P .C. take nothing on those

claims ;• reve rs e the breach of contract judgment entered against Robert A. Lyons

, P

. A

.

and render judgment that Wallace Ryne

, O.D., P.C. take nothing on that claim;

• reverse the tortious interference judgment s and corresponding awards of compensatory and exemplary damag es entered against Kasey Holdridge and render judgment that Wallace Ryne

, O.D., P.C. take nothing on those claims;

• reverse the trial court’s order of dissolution; and

• affirm the trial co urt’s award of attorney’s fees.

It is further ordered that each par t y shall bear its own costs of this appeal, for

which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Bonnie Sudderth Chief Justice Bonnie Sudderth
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S. 1507

One Hundred Fifth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, one thousand nine hundred and ninety-seven

An Act

To amend the National Defense Authorization Act for Fiscal Year 1998 to make

certain technical corrections.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. TECHNICAL CORRECTIONS.

(a) IMPLEMENTATION OF ELECTRONIC COMMERCE CAPABILITY.—

(1) Section 2302c(a)(1) of title 10, United States Code, is amended

by inserting ‘‘of section 2303(a) of this title’’ after ‘‘paragraphs

(1), (5), and (6)’’.

(2) The amendment made by paragraph (1) shall take effect

as if included in the amendment to section 2302c of title 10, United

States Code, made by section 850(f)(3)(A) of the National Defense

Authorization Act for Fiscal Year 1998 to which the amendment

made by paragraph (1) relates.

(b) COMMEMORATION OF 50TH ANNIVERSARY OF KOREAN CONFLICT.—(1) Section 1083(f) of the National Defense Authorization

Act for Fiscal Year 1998 is amended by striking out ‘‘$100,000’’

and inserting in lieu thereof ‘‘$1,000,000’’.

(2) The amendment made by paragraph (1) shall take effect

as if included in the provisions of the National Defense Authorization Act for Fiscal Year 1998 to which such amendment relates.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
#### McCAULEY v. FIDELITY & CASUALTY CO.

(Supreme Court, Appellate Term, First Department.

January 31, 1896.)

No opinion. The order having been complied with, the motion to dismiss will be denied, without costs. See 38 N. Y. Supp. 773.
EXHIBIT 32.2
                          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 annual report of YoCream International, Inc. (the
Company) on Form 10-KSB for the period ended October 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, W.
Douglas Caudell Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. section 1350, as adopted pursuant to section 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
Company.



/s/ W. Douglas Caudell
W. Douglas Caudell
Chief Financial Officer
YoCream International, Inc.

January 31, 2005

This certification is made solely for the purpose of 18 U.S.C. Section 1350,
and not for any other purpose.  A signed original of this written statement
required by Section 906 has been provided to YoCream International, Inc. and
will be retained by YoCream International, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.
Exhibit 31.2



CERTIFICATIONS



I, Joan Katzeff, certify that:



1. I have reviewed this quarterly report on Form 10-QSB of Thanksgiving Coffee Company, 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 small business issuers other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:



a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;



b) evaluated the effectiveness of the small business issuers disclosure controls and procedures as of the end of the period covered by this report based on such
evaluation; and



c) disclosed in this report any change in the small business
issuers internal control over financial reporting that occurred during the small business issuers most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the small business issuers
internal control over financial reporting; and



|                      |  |                        
|--------------------- |  | -----------------------
|Date: August 12, 2004
|                      | 
|By:                   |  | /s/ Joan Katzeff       
|                      |  | Joan Katzeff, President
<logo>Ernst & Young LLP

One Columbus
10 West Broad Street
Columbus, Ohio 43215-3400

Independent Auditors' Report

Board of Directors
The Huntington Mortgage Company

We have examined management's assertion that The 
Huntington Mortgage Company (HMC), a wholly-owned 
subsidiary of The Huntington National bank, complied 
with the minimum servicing standards set forth in the 
Mortgage Bankers Association of America's Uniform 
Single Attestation Program for Mortgage Bankers during 
the year ended December 31, 1996, included in the 
accompanying report titled Report of Management. 
Management is responsible for HMC's compliance with 
those requirements. Our responsibility is to express an 
opinion on management's assertion about HMC's 
compliance based on our examination.

Our examination was conducted in accordance with 
standards established by the American Institute of 
Certified Public Accountants and, accordingly, included 
examining, on a text basis, evidence about HMC's 
compliance with those requirements and performing such 
other procedures as we considered necessary in the 
circumstances. We believe that our examination provides 
a reasonable basis for our opinion. Our examination 
does not provide a legal determination on HMC's 
compliance with specified requirements.

In our opinion, management's assertion that HMC 
complied with the aforementioned requirements during 
the year ended December 31, 1996 is fairly stated, in 
all material respects.
/s/Ernst & Young LLP

March 7, 1997
	
(logo)Ernst & Young LLP is a member of Ernst & Young International, Ltd.
##### 



Exhibit 23 Consent of the Independent Registered Public Accounting Firm HearUSA Inc.
West Palm Beach, Florida We hereby consent to the incorporation by reference in the Registration Statements on Form S-8
(filed September 13, 1994), Form S-8 (filed July 19, 1996), Form S-3 (File No. 333-04303), Form S-3
(File No. 333-04639), Form S-3 (File No. 333-11429) , Form S-3 (File No. 333-18753), Form S-3 (File
No. 333-24357), Form S-3 (File No. 333-25169), Form S-3 (File No. 333-6457), Form S-3 (File No.
333-38862) and Form S-8 (File No. 333-73022) of our report dated
February 1, 2005, relating to the consolidated financial statements and financial statement schedule of HearUSA Inc., appearing in
the Companys Annual Report on Form 10-K for year ended December 25, 2004.  West Palm Beach, Florida
March 1, 2005
    
    BDO Seidman, LLP
II

105TH CONGRESS

1ST SESSION S. 162

To amend title 10, United States Code, to permit former members of the

Armed Forces who have a service-connected disability rated as total

to travel on military aircraft in the same manner and to the same

extent as retired members of the Armed Forces are entitled to travel

on such aircraft.

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 Armed Services

A BILL

To amend title 10, United States Code, to permit former

members of the Armed Forces who have a service-connected disability rated as total to travel on military aircraft in the same manner and to the same extent as

retired members of the Armed Forces are entitled to

travel on such aircraft.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 162 IS

1 SECTION 1. TRAVEL ON MILITARY AIRCRAFT OF CERTAIN

2 DISABLED FORMER MEMBERS OF THE

3 ARMED FORCES.

4 (a) IN GENERAL.—Chapter 53 of title 10, United

5 States Code, is amended by adding after section 1060a

6 the following new section:

7 ‘‘§ 1060b. Travel on military aircraft: certain disabled

8 former members of the armed forces

9 ‘‘The Secretary of Defense shall permit any former

10 member of the armed forces who is entitled to compensa11 tion under the laws administered by the Secretary of Vet12 erans Affairs for a service-connected disability rated as

13 total to travel, in the same manner and to the same extent

14 as retired members of the armed forces, on unscheduled

15 military flights within the continental United States and

16 on scheduled overseas flights operated by the Military Air17 lift Command. The Secretary of Defense shall permit such

18 travel on a space-available basis.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections

20 at the beginning of such chapter is amended by adding

21 after the item relating to section 1060a the following new

22 item:

‘‘1060b. Travel on military aircraft: certain disabled former members of the

armed forces.’’.

Æ
Exhibit 99.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACTOF 2002

               In connection with the Quarterly Report of Bay Banks of Virginia, Inc. (the “Company”)on Form 10-Q for the period ending March 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned Chief Executive Officer and Treasurer (principal financial officer) of the Companyhereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002 that based on their knowledge and belief:  1) the Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities 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 as of and for the periods covered in the Report.

|         | /s/ AUSTIN L. ROBERTS, III                          |   |
|--------------|-----------------------------------------------------|--------|
|         |                                                     |   |
|         | **Austin L. Roberts, III, Chief Executive Officer** |   |
|         |                                                |   |
|         | /s/ RICHARD C. ABBOTT                               |   |
|         |                                                     |   |
|         | **Richard C. Abbott, Treasurer**                    |   |
|         |                                                |   |
| May 14, 2003 |                                                |