alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                           3,529
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                       1,313,861
<DEPRECIATION>                                 137,626
<TOTAL-ASSETS>                               1,223,581
<CURRENT-LIABILITIES>                                0
<BONDS>                                        674,958
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     503,148
<TOTAL-LIABILITY-AND-EQUITY>                 1,223,581
<SALES>                                         44,119
<TOTAL-REVENUES>                                45,342
<CGS>                                                0
<TOTAL-COSTS>                                   14,519
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               9,212
<INCOME-PRETAX>                                 14,211
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             14,211
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    14,211
<EPS-BASIC>                                        .46
<EPS-DILUTED>                                      .46


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          44,338
<SECURITIES>                                     1,011
<RECEIVABLES>                                  187,612
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                           5,968
<DEPRECIATION>                                   1,364
<TOTAL-ASSETS>                                 280,808
<CURRENT-LIABILITIES>                                0
<BONDS>                                        171,519
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            25
<OTHER-SE>                                      96,783
<TOTAL-LIABILITY-AND-EQUITY>                   280,808
<SALES>                                              0
<TOTAL-REVENUES>                                66,226
<CGS>                                                0
<TOTAL-COSTS>                                   35,458
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 2,400
<INTEREST-EXPENSE>                               6,263
<INCOME-PRETAX>                                 22,105
<INCOME-TAX>                                     9,287
<INCOME-CONTINUING>                             12,818
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    12,818
<EPS-PRIMARY>                                      .53
<EPS-DILUTED>                                      .50
        

</TABLE>
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#### Derek Payne, Respondent, v Buffalo General Hospital et al., Appellants, et al., Defendant.

(Appeal No. 2.)

[946 NYS2d 528]

Appeals from an order of the Supreme Court, Erie County (Joseph R. Glownia, J), entered May 10, 2011 in a medical malpractice action. The order denied the motions of defendants-appellants for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in *Payne v Buffalo General Hospital*(96 AD3d 1628 [2012]). Present — Scudder, P.J., Smith, Fahey, Lindley and Martoche, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          APR-30-1998
<PERIOD-END>                               JAN-31-1998
<CASH>                                          85,051
<SECURITIES>                                   287,965
<RECEIVABLES>                                  734,796
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,107,811
<PP&E>                                         637,062
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              26,444,582
<CURRENT-LIABILITIES>                          762,331
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  6,000,000
<COMMON>                                     9,098,508
<OTHER-SE>                                     944,418
<TOTAL-LIABILITY-AND-EQUITY>                26,444,582
<SALES>                                              0
<TOTAL-REVENUES>                             3,229,118
<CGS>                                                0
<TOTAL-COSTS>                                1,006,538
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              2,210,145
<INCOME-TAX>                                   339,496
<INCOME-CONTINUING>                          1,870,650
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,870,650
<EPS-PRIMARY>                                    0.110
<EPS-DILUTED>                                    0.110
        

</TABLE>
#### The People of the State of New York, Respondent, v Michael Vanness, Appellant.

[941 NYS2d 891]

Appeal from a judgment of the County Court of Warren County (Hall Jr., J.), rendered January 13, 2010, convicting defendant upon his plea of guilty of the crimes of burglary in the second degree, disseminating indecent material to a minor in the first degree and endangering the welfare of a child (two counts).

Defendant was charged in an indictment with burglary in the second degree, disseminating indecent material to a minor in the first degree and two counts of endangering the welfare of a child. Rather than proceed to trial, he pleaded guilty to all of the charges. In exchange, he was to be sentenced to no more than 12 years and no less than eight years in prison under the terms of the plea agreement. Following the plea proceedings, County Court advised defendant that it would also impose upon him a 10-year period of postrelease supervision that it had neglected to mention previously and gave defendant the opportunity to withdraw his plea, which he declined. Thereafter, County Court sentenced defendant as a second felony offender to concurrent prison terms of 12 years on the burglary conviction and 3V2 to 7 years on the indecent material conviction, and one year in jail on the two endangering convictions, to be followed by 10 years of postrelease supervision. Defendant appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record, counsel’s brief and the People’s response, we disagree. We find at least one issue of arguable merit pertaining to the severity of the sentence that warrants further examination. Therefore, without passing judgment on the ultimate merit of this issue, we grant counsel’s application to withdraw and assign new counsel to address this issue and any others that the record may disclose (see *People v Stokes,*95 NY2d 633, 634 [2001]; *People v Garren,*74 AD3d 1578 [2010] *People v Cruwys,*113 AD2d 979, 980 [1985], *lv denied*67 NY2d 650 [1986]).

*1236Lahtinen, J.P., Spain, Malone Jr., Garry and Egan Jr., JJ., concur. Ordered that the decision is withheld, application to be relieved of assignment granted and new counsel to be assigned.
#### In the Matter of Rose A. Ryan, Petitioner, v Edward V. Regan, as Comptroller of the State of New York, Respondent.

—Harvey, J.

Petitioner, employed as a bus driver by the Whitehall Central School District in Washington County, suffered a physical disability of an undetermined nature on September 14, 1981. She last received salary from the District on October 23, 1981. The District continued payments on her medical insurance policy until her position was declared vacant on February 14, 1983.

On February 18, 1983, petitioner applied for accidental and ordinary disability retirement benefits. Petitioner’s application for ordinary disability retirement benefits was rejected by respondent after a hearing on the ground that petitioner’s application was not made within 90 days of discontinuance of her service *(see,*Retirement and Social Security Law § 62 [aa] [2]). Petitioner’s application for accidental disability retirement benefits was also denied and petitioner has not contested that denial on this appeal.

Petitioner contends that she was in "service”, within the meaning of Retirement and Social Security Law § 62 (aa) (2), until February 14, 1983, and thus her application for ordinary disability retirement benefits was timely. We cannot agree. In order to be considered in service, an applicant must be either actually working or on a medical leave of absence as defined by 2 NYCRR 309.2 *(Matter of Triolo v New York State Employees’ Retirement Sys.,*118 AD2d 926; *Matter of Elsasser v Regan,*99 AD2d 875, *affd*63 NY2d 647). The fact that an employer continues to carry insurance for the applicant is of no moment *(see, Matter of Triolo v New York State Employees’ Retirement Sys., supra).*Here, petitioner last received salary from the District in October 1981. The District, in response to an inquiry from respondent, stated that petitioner had not been granted an authorized medical leave of absence. Respondent’s factual finding that petitioner had not been granted an authorized medical leave of absence is supported by substantial evidence. Hence, respondent’s determination that the application was untimely must be upheld.

We find no merit to petitioner’s additional contention that the determination should be annulled on the ground that the *442Hearing Officer’s decision included a citation to an Appellate Division decision which had been reversed by the Court of Appeals. The citation did not result in an erroneous application of the law and thus is not a ground for annulment *(see generally,*5 NY Jur 2d, Article 78 and Related Proceedings, § 15, at 359-361).

Determination , confirmed, and petition dismissed, without costs. Main, J. P., Casey, Weiss, Levine and Harvey, JJ., concur.
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 Quarterly Report on Form 10-Q of OmniComm Systems, Inc. (the Company) for the quarter ended June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, being, Ronald T. Linares, 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 results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                                 
|-------------------------------------------------------------------------------------------------
|/s/ Ronald T. Linares                                                                            
|Ronald T. Linares                                                                                
|Executive Vice President and Chief Financial Officer (principal financial and accounting officer)

August 14, 2009
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Respondent

 v.

DAVID SPARKS,

 Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 269 EAL 2014

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 30th day of September, 2014, the Petition for Allowance of

Appeal is DENIED.
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 of
Cistera Networks, Inc. on Form 10-KSB/A, as amended, for the period ending March
31, 2007, as filed with the Securities and Exchange Commission on the date
hereof (the “Report”), I, Derek P. Downs, 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, to the best of my knowledge
and belief:





(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
      as of March 31, 2007 and for the periods then
  ended.








/s/    Derek
P. Downs


Derek P.
Downs


Chief
Executive Officer


(Principal
Executive Officer and interim


Principal
Financial and Accounting Officer)





Date:
September 30, 2008








A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
#### In re BARBER’S WILL.

(Supreme Court, Appellate Division, Fourth Department.

March, 1896.)

Proceeding for the probate of the last will and testament of Mary E. Barber.

No opinion. Ordered that the decision be amended so as to read as follows: “Decree of the surrogate’s court of Cayuga county reversed, with costs to the appellant and respondent payable out of the estate, and that the proceedings be remitted to the surrogate’s court of that county with direction to refuse the probate of the will.” See 37 N. Y. Supp. 235.
**Exhibit 31.2** **Sarbanes-Oxley    Section 302 Certification**     I, Gino Chouinard, certify that:     1. I have reviewed this annual report on    Form 10-K    of HearUSA, Inc.;     2. Based on my knowledge, this 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 report;     3. Based on my knowledge, the financial statements, and    other financial information included in this 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 report;     4.  The registrant’s other certifying officer 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 registrant and we 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 report is    being prepared;     b) Evaluated the effectiveness of the registrant’s    disclosure controls and procedures and presented in this report    our conclusions about the effectiveness of the disclosure    controls and procedures, as of the end of the period covered by    this report based on such evaluations; and     c) Disclosed in this report any change in the    registrant’s internal control over financial reporting that    occurred during the registrant’s most recent fiscal quarter    (the registrant’s fourth fiscal quarter in the case of an    annual report) that has materially affected, or is reasonably    likely to materially affect, the registrant’s internal    control over financial reporting; and     5. The registrant’s other certifying officer and I    have disclosed, based on our most recent evaluation of internal    control over financial reporting, to the registrant’s    auditors and the audit committee of registrant’s board of    directors (or persons performing the equivalent function):     a) All significant deficiencies and material weaknesses in    the design or operation of internal control over financial    reporting which are reasonably likely to adversely affect the    registrant’s ability to record, process, summarize and    report financial information; and     b) Any fraud, whether or not material, that involves    management or other employees who have a significant role in the    registrant’s internal control over financial reporting. /s/  Gino    Chouinard    Gino Chouinard    Chief Financial Officer     Date: April 6, 2007
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