alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Michael Drezin, Appellant, v New Yankee Stadium Community Benefits Fund, Inc., Respondent.

[944 NYS2d 17]

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered December 10, 2010, which, to the extent appealed from as limited by the briefs, granted defendant’s motion to dismiss plaintiffs first, third and fourth causes of action, and to dismiss so much of plaintiffs second cause of action as seeks punitive damages, and denied plaintiffs cross motion for summary judgment on his second cause of action, unanimously affirmed, without costs.

The court properly determined that plaintiff lacked standing to seek the removal of defendant’s chairman. The documentary evidence established that defendant, a not-for-profit corporation, had terminated plaintiff from the position of its fund administrator in 2008, prior to the time the action was commenced. Even assuming that plaintiff had been an officer or director of defendant at any point, plaintiff did not represent any interest in defendant at the time the proceeding was commenced *(see Matter of Romney v Mazur,*52 AD3d 610 [2008], *lv*
      *543
      *denied*11 NY3d 710 [2008]). The court also properly dismissed the punitive damages claims, since the complaint fails to identify specific tortious acts committed separately from the contract claims *(see New York Univ. v Continental Ins. Co.,*87 NY2d 308, 316 [1995]). Similarly, plaintiffs claims based on negligent or grossly negligent performance of a contract are not cognizable *(see City of New York v 611*W *152nd St.,*273 AD2d 125 [2000]).

The court also properly dismissed plaintiffs causes of action seeking compensation for the years 2009 and 2010, after he had been terminated, and for compensation for drafting defendant’s by-laws and its application for tax exempt status, since he failed to allege that he expected compensation for those services *(see Freedman v Pearlman,*271 AD2d 301, 304 [2000]). Finally, plaintiffs motion for summary judgment was premature since issue had not yet been joined *(see*CPLR 3212 [a]).

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Saxe, J.P., Sweeny, Moskowitz, Renwick and Abdus-Salaam, JJ.
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO.  2-07-042-CV

MYLES H. PENNINGTON	APPELLANT

	V.

LARRY C. ZAPALAC	APPELLEE

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

	FROM THE 96TH DISTRICT COURT OF TARRANT COUNTY

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

	MEMORANDUM OPINION1

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

	Appellant Myles H. Pennington attempts to appeal the trial court’s judgment in favor of Appellee Larry C. Zapalac.  Because Appellant’s notice of appeal was not timely filed, we dismiss the appeal for want of jurisdiction.

	The trial court signed the judgment on October 25, 2006.  Appellant filed a timely motion for new trial; therefore, the notice of appeal was due on January 23, 2007, but was not filed until January 25, 2007.

	Because Appellant’s notice of appeal appeared untimely, we notified him on February 8, 2007, of our concern that this court may not have jurisdiction over the appeal and informed him that unless he or any party desiring to continue the appeal filed with the court a response showing a reasonable explanation for the late filing of the notice of appeal, this appeal would be dismissed for want of jurisdiction.  See Tex. R. App. P. 10.5(b), 26.3(b), 42.3(a).  We have received no response.

	The times for filing a notice of appeal are jurisdictional in this court, and absent a timely filed notice of appeal or an extension request, we must dismiss the appeal.  See Tex. R. App. P. 25.1(b), 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).  Because Appellant’s notice of appeal was not timely  filed and he has provided no explanation for the late filing, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a), 43.2(f).

							PER CURIAM

PANEL D:	GARDNER, WALKER, and MCCOY, JJ.

DELIVERED:  March 22, 2007
# C_2005256EN.01001601.xml

| 15.10.2005 | EN | Official Journal of the European Union | C 256/16 |
| --- | --- | --- | --- |

15.10.2005

EN

Official Journal of the European Union

C 256/16

---

Publication of decisions by Member States to grant or revoke operating licenses pursuant to Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers (1)
   (2)

1

2

(2005/C 256/09)

(Text with EEA relevance)

GREECE

Operating licences granted

Category A:   Operating licences without the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

| Name of air carrier | Address of air carrier | Permitted to carry | Decision effective since |
| --- | --- | --- | --- |
| ALEXANDAIR | Vassileos Pavlou 82, EL-16673, Voula, Athens | passengers, mail, cargo | 21.6.2005 |
| EUROAIR | Gklystis 59, EL-11744, Athens | passengers, mail, cargo | 8.8.2005 |

Name of air carrier

Address of air carrier

Permitted to carry

Decision effective since

ALEXANDAIR

Vassileos Pavlou 82, EL-16673, Voula, Athens

passengers, mail, cargo

21.6.2005

EUROAIR

Gklystis 59, EL-11744, Athens

passengers, mail, cargo

8.8.2005

Category B:   Operating licences including the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

| Name of air carrier | Address of air carrier | Permitted to carry | Decision effective since |
| --- | --- | --- | --- |
| SKY EXPRESS | Kratikos Aerolimenas Irakliou — Heraklion State Airport | passengers, mail, cargo | 8.8.2005 |

Name of air carrier

Address of air carrier

Permitted to carry

Decision effective since

SKY EXPRESS

Kratikos Aerolimenas Irakliou — Heraklion State Airport

passengers, mail, cargo

8.8.2005

Operating licences revoked

Category B:   Operating licences including the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

| Name of air carrier | Address of air carrier | Permitted to carry | Decision effective since |
| --- | --- | --- | --- |
| HELLAS AIR S.A. | Tsiller 50, EL-11144 Athens | passengers, mail, cargo | 8.1.2004 |

Name of air carrier

Address of air carrier

Permitted to carry

Decision effective since

HELLAS AIR S.A.

Tsiller 50, EL-11144 Athens

passengers, mail, cargo

8.1.2004

---

(1)  OJ L 240, 24.8.1992, p. 1.

1

(2)  Communicated to the European Commission before 31.8.2005.

2

---
#### In the Matter of Eddie Marshall, Appellant, v David Soares, as District Attorney of Albany County, Respondent.

[941 NYS2d 894]

Mercure, J.P.

Appeal from a judgment of the Supreme Court (McNamara, J.), entered February 18, 2011 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CELR article 78, to compel respondent to return certain money seized in the course of a prior criminal investigation.

In the course of an investigation into petitioner’s involvement in the narcotics trade, the City of Albany Eolice Department executed a search warrant and seized numerous items from his residence, including over $25,000 in cash. Fetitioner was thereafter convicted of multiple drug-related offenses and, while we affirmed that conviction upon appeal, we expressly found that currency lay beyond the warrant’s scope and was not “a permissible item to be seized” *(People v*Marshall, 57 AD3d 1163, 1165 [2008]; *see People v Marshall,*65 AD3d 710 [2009], *lv denied*13 NY3d 940 [2010]). Fetitioner then demanded that respondent *1259return the seized monies, and this CPLR article 78 proceeding ensued when respondent did not do so. Respondent served an answer, in which he indicated that the funds previously had been turned over to the United States Department of Justice pursuant to court order *(see 21*USC § 881; CPL 690.55). Supreme Court dismissed the petition as moot, and petitioner now appeals.

We affirm. While this CPLR article 78 proceeding was an appropriate vehicle for petitioner to seek the return of his property *(see Boyle v Kelley,*42 NY2d 88, 91 [1977]; *Matter of Caggiano v Frank,*44 AD2d 828 [1974]), Supreme Court nevertheless properly dismissed it. The transfer of the seized monies to federal authorities terminated any control that respondent had over them and, as such, the present dispute is moot *(see Public Serv. Commn. v International Ry. Co.,*224 NY 631, 631-632 [1918]; *Matter of Daily News v Teresi,*275 AD2d 812, 813 [2000]; *Matter of Kimball v Luyster,*196 App Div 679, 680-681 [1921]). Moreover, the issues presented herein do not typically evade review *(see e.g. Matter of DeBellis v Property Clerk of City of N.Y.,*79 NY2d 49, 58-59 [1992]; *Matter of Lipscomb v Property Clerk of City of Newburgh Police Dept.,*188 AD2d 993, 993-994 [1992]; *Matter of Caggiano v Frank,*44 AD2d at 828) and, therefore, we reject petitioner’s argument that this case falls within the narrow exception to the mootness doctrine *(see generally Matter of Hearst Corp. v Clyne,*50 NY2d 707, 714-715 [1980]).

Rose, Malone Jr. and Garry, JJ., concur. Ordered that the judgment is affirmed, without costs.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Eurotech,
Ltd's. Balance sheet as of March 31, 1998, and Statement of Operations for the
three months ended March 31, 1998.
</LEGEND>
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   MAR-31-1998
<CASH>                                                 533
<SECURITIES>                                             0
<RECEIVABLES>                                            6
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                       566
<PP&E>                                                  26
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                         911
<CURRENT-LIABILITIES>                                1,078
<BONDS>                                              6,000
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                 4
<OTHER-SE>                                          (6,166)
<TOTAL-LIABILITY-AND-EQUITY>                           911
<SALES>                                                  0
<TOTAL-REVENUES>                                         0
<CGS>                                                    0
<TOTAL-COSTS>                                            0
<OTHER-EXPENSES>                                     1,088
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                   1,377   
<INCOME-PRETAX>                                     (2,465) 
<INCOME-TAX>                                             0      
<INCOME-CONTINUING>                                 (2,465) 
<DISCONTINUED>                                           0      
<EXTRAORDINARY>                                          0      
<CHANGES>                                                0      
<NET-INCOME>                                        (2,465) 
<EPS-PRIMARY>                                        (0.13)
<EPS-DILUTED>                                        (0.13)
        


</TABLE>
Exhibit 32.1

CERTIFICATION OF THE PRINCIPAL EXECUTIVE OFFICER

Pursuant to 18 U.S.C. § 1350, as created by
Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Optical Molecular Imaging, Inc. (the Company) hereby certifies that, to his knowledge:

(i) The Annual Report on Form 10-KSB of the Company for the fiscal year ended December 31, 2005 (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, 2006 |  | By: |  | /s/ David Wohlberg                   
|                     |  |     |  | David Wohlberg                       
|                     |  |     |  | President and Chief Operating Officer
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

In connection with the Annual Report on
Form 10-K for the period ended December 31, 2009 (the Report) of PlainsCapital Corporation (the Company), the undersigned hereby certify in their capacities as Chief Executive Officer and
Executive Vice President and Chief Financial Officer, respectively, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to their knowledge:



| | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended;
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 presented in the Report.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |        |  |                                                     
|-------------------- |  | ------ |  | ----------------------------------------------------
|Date: March 26, 2010 |  | By:    |  | /s/ Alan B. White                                   
|                     |  | Name:  |  | Alan B. White                                       
|                     |  | Title: |  | President and Chief Executive Officer               
|                     |  |       
|Date: March 26, 2010 |  | By:    |  | /s/ Allen Custard                                   
|                     |  | Name:  |  | Allen Custard                                       
|                     |  | Title: |  | Executive Vice President and Chief Financial Officer

The foregoing certification is furnished as an exhibit to the Report and will not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and
will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the date hereof, regardless of any general
incorporation language in such filing.
[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Notices]
[Pages 46837-46838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17884]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB322]


New England Fishery Management Council; Public Meeting; 
Cancellation

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of cancellation of a meeting.

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

SUMMARY: The New England Fishery Management Council (Council) has 
cancelled a public meeting of its Monkfish Committee that was scheduled 
for Wednesday, September 1, 2021.

FOR FURTHER INFORMATION CONTACT: Thomas A. Nies, Executive Director, 
New England Fishery Management Council; telephone: (978) 465-0492.

SUPPLEMENTARY INFORMATION: The original meeting notice published in the 
Federal Register on Monday, August 16, 2021 (86 FR 45711).
    The meeting will be rescheduled at a later dated and announced in 
the Federal Register.
    Authority: 16 U.S.C. 1801 et seq.


[[Page 46838]]


    Dated: August 17, 2021.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2021-17884 Filed 8-19-21; 8:45 am]
BILLING CODE 3510-22-P
Case: 1:04-cv-03678 Document #: 1 Filed: 05/27/04 Page 1 of 12 PageID #:1
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Case: 1:04-cv-03678 Document #: 1 Filed: 05/27/04 Page 7 of 12 PageID #:7
Case: 1:04-cv-03678 Document #: 1 Filed: 05/27/04 Page 8 of 12 PageID #:8
Case: 1:04-cv-03678 Document #: 1 Filed: 05/27/04 Page 9 of 12 PageID #:9
Case: 1:04-cv-03678 Document #: 1 Filed: 05/27/04 Page 10 of 12 PageID #:10
Case: 1:04-cv-03678 Document #: 1 Filed: 05/27/04 Page 11 of 12 PageID #:11
Case: 1:04-cv-03678 Document #: 1 Filed: 05/27/04 Page 12 of 12 PageID #:12
`[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1699 Reported in Senate (RS)]






                                                       Calendar No. 490
105th CONGRESS
  2d Session
                                S. 1699

                          [Report No. 105-260]

To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
              coastwise trade for the vessel BILLIE-B-II.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March, 3, 1998

  Mr. Allard introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                             July 23, 1998

               Reported by Mr. McCain, without amendment

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
              coastwise trade for the vessel BILLIE-B-II.

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

SECTION 1. CERTIFICATE OF DOCUMENTATION.

    Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
U.S.C. App. 883), section 8 of the Passenger Vessel Act (46 U.S.C. App. 
289), and sections 12106 and 12108 of title 46, United States Code, the 
Secretary of Transportation may issue a certificate of documentation 
with appropriate endorsement for employment in the coastwise trade for 
the vessel BILLIE-B-II, United States Official Number 982069.
                                     





                                                       Calendar No. 490

105th CONGRESS

  2d Session

                                S. 1699

                          [Report No. 105-260]

_______________________________________________________________________

                                 A BILL

To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
              coastwise trade for the vessel BILLIE-B-II.

_______________________________________________________________________

                             July 23, 1998

                       Reported without amendment`
#### FIRST NAT. BANK OF PERRY. Respondent, v. PERRY SALT CO. et al., Appellants.

(Supreme Court, General Term, Fifth Department.

December 28, 1895.)

Action by the First National Bank of Perry against Perry Salt Company and Joseph C. Cole, as receiver.

No opinion. Judgment affirmed, with costs.
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