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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 Quarterly Report on Form 10-QSB of OmniComm Systems, Inc. (the Company) for the quarter ended September 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report),
the undersigned, being, Cornelis F. Wit, Chief Executive 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 results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                               
|-----------------------------------------------
|/s/ Cornelis F. Wit                            
|Cornelis F. Wit                                
|President, Chief Executive Officer and Director
|                                               
|November 14, 2007
#### The People of the State of New York, Respondent, v Garrett Archer, Appellant.

[942 NYS2d 392]

Appeal from a judgment of the Supreme Court, Erie County (John L. Michalski, A.J.), rendered May 26, 2011. The judgment revoked defendant’s sentence of probation and imposed a sentence of imprisonment.

It is hereby ordered that the judgment so appealed from is unanimously affirmed and the matter is remitted to Supreme Court, Erie County, for proceedings pursuant to CPL 460.50 (5).

Memorandum: Defendant appeals from a judgment that revoked the sentence of probation imposed upon his conviction of attempted rape in the first degree (Penal Law §§ 110.00, 130.35 [1]) and sentenced him to a determinate term of imprisonment. Contrary to defendant’s contention, Supreme Court did not err in denying his motion to withdraw his plea upon revoking the original sentence of a period of probation imposed by the court. “While a defendant must be afforded the opportunity to withdraw his or her plea when the plea was induced by a court’s sentencing promise *and*the court subsequently finds that sentence to be inappropriate” *(People v Lopez,*51 AD3d 1210, 1211 [2008] [emphasis added]), here the court made no promises regarding defendant’s sentence. Thus, the court was not obligated to afford defendant the opportunity to withdraw his plea *(see id.; People v Carlton,*2 AD3d 1353, 1354 [2003], *lv denied*1 NY3d 625 [2004]; *People v Hannig*[appeal No. 1], 258 AD2d 908 [1999]). Present — Scudder, P.J., Smith, Centra, Fahey and Peradotto, JJ.
EXHIBIT
32.1
 
 
 STATEMENT
REQUIRED BY 18 U.S.C. SECTION 1350,
 AS
ADOPTED PURSUANT TO SECTION 906
 OF
THE SARBANES-OXLEY ACT OF 2002
 
 
 In
connection with the amendment to annual report on Form 10-K/A of China
Digital Media Corporation (the "Company") for the year ended December 31, 2008,
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Ng Chi Shing, Chief Executive Officer and Chief Financial Officer
of the Company, certify that:
  
 *
                the
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934;
and
 
 
 *
                information
      contained in the Report fairly presents, in all material respects, the
      financial condition and results of operations of the
    Company.
 
  /s/
Ng Chi Shing
 Ng Chi
Shing
 Director,
President and Chief Executive Officer
  Date: April 6,
2009
 
 /s/
Ng Chi Shing
 Ng Chi
Shing Chief Financial Officer
 
 Date:
April 6, 2009
  This
certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as
amended.
#### In the Matter of Joy Builders, Inc., Appellant, v Cathy Conklin et al., Respondents.

[946 NYS2d 497]

*940In a proceeding pursuant to RPTL article 7 to review the tax assessment of the petitioner’s real property for tax year 2011, the petitioner appeals from an amended order of the Supreme Court, Rockland County (Garvey, J.), dated December 15, 2011, which denied its motion for summary judgment on the petition, searched the record, and awarded summary judgment to Cathy Conklin, as Assessor of the Town of Clarkstown, and the Board of Assessment Review for the Town of Clarkstown dismissing the petition.

Ordered that the amended order is affirmed, with costs.

The taxable status of real property “shall be determined annually according to its condition and ownership” as it exists on the relevant taxable status date (RPTL 302 [1]; *see Matter of Seidel v Board of Assessors, County of Nassau,*88 AD3d 369, 375 [2011]; *Matter of Ross v Town of Santa Clara,*266 AD2d 678, 680-681 [1999]; *Matter of Alexander’s Dept. Store of Val. Stream v Board of Assessors,*227 AD2d 549 [1996]). The assessed value of the property may not be based upon “ ‘some future contemplated use’ ” *(Matter of 194 Main, Inc. v Board of Assessors,*91 AD3d 876, 877 [2012], quoting *Matter of General Elec. Co. v Macejka,*117 AD2d 896, 897 [1986]; *see Matter of Seidel v Board of Assessors, County of Nassau, 88*AD3d at 375; *Matter of Ross v Town of Santa Clara,*266 AD2d at 680-681). Furthermore, there is a presumption that the tax assessment is valid *(see Matter of FMC Corp. [Peroxygen Chems. Div.] v Unmack,*92 NY2d 179, 188 [1998]; *Matter of Al Turi Landfill, Inc. v Town of Goshen,*93 AD3d 786, 791 [2012]), and the burden is on the petitioner to establish, by substantial evidence, that the property was overvalued *(see Matter of Barnum v Srogi,*54 NY2d 896, 899 [1981]; *Matter of Alexander’s Dept. Store of Val. Stream v Board of Assessors,*227 AD2d at 550; *Matter of Cohen & Breslin Realty v Board of Assessors,*200 AD2d 744 [1994]).

Here, the record demonstrates, as a matter of law, that the petitioner cannot establish, by substantial evidence, that the property in question, known as Lot 55, was overvalued. The recorded documents relied upon by the petitioner to show that the property was burdened by encumbrances speak only to lots designated as Lot 55.1 and Lot 55.2, which were not in existence on the taxable status date of March 1, 2011. The petitioner did not submit any other evidence sufficient to demonstrate that the condition of Lot 55 was altered so that its value decreased over the several years leading up to March 1, 2011. Accordingly, the Supreme Court properly denied the petitioner’s motion for summary judgment on the petition, and properly *941searched the record and awarded summary judgment to the respondents dismissing the petition *(see*CPLR 3212 [b]; *Dunham v Hilco Constr. Co.,*89 NY2d 425, 429-430 [1996]). Skelos, J.P., Balkin, Leventhal and Roman, JJ., concur.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-40731

(Summary Calendar)

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee

versus

GUSTAVO ANDRADE,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas, Laredo

- - - - - - - - - -

December 11, 1997

Before WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges

BY THE COURT:*

The United States of America has filed a motion to dismiss

Gustavo Andrade’s appeal of the denial of his motion under 18

U.S.C. § 3582 (c)(2). The Government argues that the appeal is

frivolous. Finding that the appeal is frivolous, we GRANT the

motion to dismiss.

Andrade is no stranger to this court, having filed in this

court, as well in the district court, numerous appeals and

requests for post-conviction relief which were found to be
No. 97-40731

-2-

frivolous. Although this court normally warns a litigant prior

to the imposition of sanctions, when a litigant's conduct is

especially egregious, this court has held that a warning is not a

prerequisite to a sanction. Moody v. Baker, 857 F.2d 256, 258

(5th Cir. 1988). 

Because Andrade’s conduct has been egregious, it is ORDERED

that Andrade be barred from filing any pro se, in forma pauperis,

civil appeals in this court or any pro se, in forma pauperis,

initial civil pleading in any court which is subject to this

court's jurisdiction, without the advance written permission of a

judge of the forum court or of this court; the clerk of this

court and the clerks of all federal district courts in this

circuit are directed to return to Andrade, unfiled, any attempted

submission inconsistent with this bar.

APPEAL DISMISSED; SANCTIONS IMPOSED.
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Webster Edmond Brown    Biological Science Technician /ARSUserFiles/36317/Edmond.JPG


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#### Harper Investments, Inc., et al., Appellants, v Harper-Kilgore, LLC, Now Known as KilGore Companies, LLC, et al., Respondents.

[945 NYS2d 34]-

Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered April 29, 2011, which, to the extent appealed from as limited by the briefs, directed that the matter be submitted to an independent accountant, as provided for under section 2.10 (c) of the parties’ asset purchase agreement, unanimously affirmed, with costs.

As a threshold matter, this appeal is properly before us, as the motion to reargue before Supreme Court was limited to a request to reinstate the complaint, and did not change any aspect of the issue now on appeal — namely, Supreme Court’s referral of the matter to the accountant without any limitation on the issues to be decided *(see Fox v Issler,*77 AD2d 860 [1980]; CPLR 5517 [a] [1]).

On the merits, we perceive no basis to require the court to determine or limit the issues to be decided by the accountant, where the agreement between the parties is sufficient to inform the accountant and the parties as to the proper scope of the accounting. Indeed, plaintiffs have not even articulated a disagreement with defendants as to the scope of the accounting. Moreover, where, as here, the issues before Supreme Court and the accountant appear inextricably intertwined, as in an arbitration, “the proper course is to stay judicial proceedings pending completion of the [accounting],” since “the determination of issues in [the accounting] may well dispose of non [accounting] matters” *(County Glass & Metal Installers, Inc. v Pavarini McGovern, LLC,*65 AD3d 940, 940 [2009], quoting *Cohen v Ark Asset Holdings,*268 AD2d 285, 286 [2000]). Concur — Mazzarelli, J.P., Friedman, Catterson, Richter and Manzanet-Daniels, JJ.
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 Horticultural Crops Production and Genetic Improvement Research Unit: Corvallis, OR
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Marjorie  Storm    Biological Science Technician Marjorie Storm Biological Science Technician 541-738-4064 marjorie.storm@ars.usda.gov  Scagel Lab


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Order for Attorney Fees Under 42 USC 406(B) 

Page 1

KAREN STOLZBERG, OSB #83092 

kstolzberg@juno.com 

11830 SW Kerr Parkway, #315 

Lake Oswego, OR 97035 

Telephone: (503) 251-0707 

Fax: (503) 251-0708 

Attorney for Plaintiff 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

Tiffany Kistler 

Plaintiff, 

vs. 

COMMISSIONER, 

Social Security Administration, 

Defendant. 

Civil No.: 3:14-CV-00942-JE

ORDER REGARDING 

ATTORNEY FEES PURSUANT 

TO 42 U.S.C. §406(b) 

Pursuant to 42 U.S.C. 406(b), reasonable attorney fees in the amount of $13548.75 is 

hereby awarded to plaintiff's attorney, Karen Stolzberg. Previously, this court awarded Ms. 

Stolzberg $9000.00, pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d). 

When issuing the 406(b) check, therefore, the agency is directed to subtract the amount 

previously awarded under the EAJA and to send to Ms. Stolzberg the balance of $4548.75. Any 

withheld amount then remaining should be released to plaintiff as soon as practicable. 

IT SO ORDERED. 

 Dated _______________________ 

________________________________________ 

Judge 

October 31, 2016

/s/ John Jelderks

, Magistrate Judge

Case 3:14-cv-00942-JE Document 30 Filed 10/31/16 Page 1 of 1