alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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Kristyn  Hill
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#### *The*People of the State of New York, Respondent, v Michael J. Henderson, Appellant.

[945 NYS2d 588]

Motion for writ of error coram nobis denied. Present — Scudder, P.J., Peradotto, Carni, Lindley and Sconiers, JJ.
#### In the Matter of Adejumoke Oshodi, Respondent, v Olarewaju Olouwo, Appellant.

[941 NYS2d 858]

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Hoffman, J.), dated March 9, 2011, which denied his objection to so much of. an order of the same court (Livrieri, S.M.), dated November 29, 2010, as, upon findings of fact, made after a hearing, imputing income to him in the sum of $500 per week for the purpose of his child support obligation, granted the mother’s petition for an award of child support to the extent of directing him to pay child support in the sum of $319 per month.

Ordered that the order dated March 9, 2011, is affirmed, without costs or disbursements.

The credibility determinations of a Family Court Support Magistrate are entitled to deference *(see Matter of Cordero v Olivera,*40 AD3d 852, 852-853 [2007]). “A Support Magistrate may properly impute income in calculating a support obligation where he or she finds that a party’s account of his or her finances is not credible or is suspect” *(Matter of Sena v Sena,*65 AD3d 1244, 1244-1245 [2009]).

Here, the father testified at a hearing that he owns and operates a taxi cab, earns $300 per week, and works three days a week for around 12 hours a day. The Support Magistrate imputed income to the father of $500 per week for the purpose of his child support obligation based on, inter alia, a finding that the father’s testimony regarding his income was not credible, and based on statements in the father’s financial disclosure affidavit (hereinafter FDA) that he had earned $31,000 in 2009.

The Support Magistrate’s determination regarding credibility is supported by the record. While the father testified at the hearing that he earns $300 per week, he also testified that he makes “$35,800 a year,” which is consistent with the statement in his FDA that his total gross income in 2009 was $31,000. Moreover, the father did not submit a paycheck *(see Matter of Sena v Sena,*65 AD3d at 1245), and failed to explain how, on a salary of only $300 per week and his wife’s disability payments *897of $600 per month, he could support himself, his wife, and their three children, and pay a mortgage in excess of $3,000 per month (see *DeSouza-Brown v Brown,*71 AD3d 946 [2010]).

Based on this record, the Family Court properly denied the father’s objection to so much of an order of support as, upon imputing income to him in the sum of $500 per week (see *Matter of Tosques v Ponyicky,*89 AD3d 1097, 1098 [2011]), granted the mother’s petition for an award of child support to the extent of directing him to pay child support in the sum of $319 per month. Rivera, J.P., Dillon, Angiolillo and Leventhal, JJ, concur.
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 Dale Bumpers Small Farms Research Center: Booneville, AR
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Michelle  Armstrong    Agricultural Research Technician /ARSUserFiles/54947/Michelle.jpg
 **Michelle Armstrong** United States Department of Agriculture Agricultural Research Service Dale Bumpers Small Farms Research Service 6883 South State Highway 23 Booneville, Arkansas 72927 (479)675-3834
 Michelle Armstrong graduated Oklahoma State University with a B.S. in Agronomy crop science in1996. Michelle has a M.S. in Agronomy -weed science in 1998. She has worked with cool season forages and legumes in grazing trials in west Texas and southern Oklahoma. She was a large animal veterinary tech before starting at Dale Bumpers in May 2019. She works under Larry Huddleston on the farm crew assisting with planting, hay production and field maintenance.


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II

105TH CONGRESS

2D SESSION S. 1799

To amend section 121 of the Internal Revenue Code of 1986 to provide

that a member of the Armed Forces of the United States shall be

treated as using a principal residence while away from home on extended

active duty.

IN THE SENATE OF THE UNITED STATES

MARCH 19, 1998

Mr. MCCAIN introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To amend section 121 of the Internal Revenue Code of

1986 to provide that a member of the Armed Forces

of the United States shall be treated as using a principal

residence while away from home on extended active duty.

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

3 SECTION 1. ARMED FORCES MEMBER TREATED AS USING

4 PRINCIPAL RESIDENCE WHILE AWAY FROM

5 HOME ON ACTIVE DUTY.

6 (a) IN GENERAL.—Section 121(d) of the Internal

7 Revenue Code of 1986 (relating to special rules) is amend8 ed by adding at the end the following new paragraph:
2

•S 1799 IS

1 ‘‘(9) DETERMINATION OF USE DURING PERIODS

2 OF ACTIVE DUTY WITH ARMED FORCES.—

3 ‘‘(A) IN GENERAL.—A taxpayer shall be

4 treated as using property as a principal resi5 dence during any period the taxpayer (or the

6 taxpayer’s spouse) is serving on extended active

7 duty with the Armed Forces of the United

8 States, but only if the taxpayer used the prop9 erty as a principal residence for any period be10 fore the period of extended active duty.

11 ‘‘(B) EXTENDED ACTIVE DUTY.—For pur12 poses of this paragraph, the term ‘extended ac13 tive duty’ means any period of active duty pur14 suant to a call or order to such duty for a pe15 riod in excess of 90 days or for an indefinite pe16 riod.’’

17 (b) EFFECTIVE DATE.—The amendment made by

18 this section shall apply to sales or exchanges after May

19 6, 1997.

Æ
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 20-0307

DENNIS J. HOBBS,

Petitioner and Appellant,

v.

STATE OF MONTANA,

Respondent and Appellee.

r-r-- LF:

MAR 2 3 2021

Bowen Greenwoo0

Clerk of Supreme Court

State of Montana

ORDER

Appellant has filed a third motion for a 120-day extension of time to file his opening

brief in the above referenced matter.

IT IS HEREBY ORDERED that the motion for extension is DENIED. Appellant has

until April 8, 2021, within which to file his opening brief.

If the brief is not filed by the above date this matter will be dismissed.

DATED this 23rd day of March, 2021.

For the Court,

Chief Justice

03/24/2021

Case Number: DA 20-0307
# Fourth Court of Appeals San Antonio, Texas May 6, 2021 No. 04-20-00207-CR Jacob Charles SMITH , Appellant

v. The STATE of Texas, Appellee From the 451st Judicial District Court, Kendall County, Texas

Trial Court No. 6598 Honorable Stephen B. Ables, Judge Presiding



### O R D E R In these appeals, the reporter’s records were initially due on June 15, 2020, see T EX . R. A PP . P. 35.1, about three months after the beginning of the COVID-19 pandemic. Since then, because of the court reporter’s extraordinary circumstances—including her own poor health and the death of her elderly mother—we previously granted six extensions to file the records. The final portions of the reporter’s record were, we supposed, filed on February 25, 2021. On April 26, 2021, Appellant moved this court to abate the appeal because the appellate record is not complete. Specifically, the reporter’s record from voir dire has not been filed. Appellant’s motion is GRANTED. Because the appellate record is not complete, we WITHDRAW the deadline for submitting Appellant’s brief. See T EX . R. A PP . P. 38.6(a). We ORDER Connie S. Calvert to file the reporter’s records for voir dire in all three appeals within THIRTY DAYS of the date of this order. See id. R. 35.3(c). If the reporter’s records are not filed as ordered, this court will take appropriate measures to protect Appellant’s rights, such as ordering Connie S. Calvert to report to the Fourth Court of Appeals each workday to complete the records under this court’s direct supervision. Additional measures may include both civil and criminal contempt for failing to file the records as ordered. See id. ; see also T EX . G OV ’ T C ODE A NN . § 21.002 (authorizing contemnor punishment up to “a fine of not more than $500 or confinement in the county jail for not more than six months, or both such a fine and confinement in jail”); Johnson v. State , 151 S.W.3d 193, 195–96 (Tex. Crim. App. 2004) (noting the court’s previous action holding a court reporter in contempt for“repeatedly fail[ing] to prepare and file the record” and “order[ing] him incarcerated . . . until the

record was finished”). We direct the clerk of this court to cause a copy of this order to be served on Connie S. Calvert with proof of delivery.

_________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of May, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court
<PAGE>

                                                                    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 of Land O'Lakes, Inc. (the "Company") on
Form 10-Q/A for the period ending June 30, 2003 as filed with the Securities and
Exchange Commission on April 26, 2004 (the "Report"), I, Daniel Knutson, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss. 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.


Date:  April 26, 2004
                                                   By  /s/ Daniel Knutson
                                                   Daniel Knutson
                                                   Senior Vice President
                                                   and Chief Financial Officer
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 U.S. Arid Land Agricultural Research Center: Maricopa, AZ
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Ramona  Scott
                        U.S. Arid Land Agricultural Research Center

                        




                        
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Anita  Johnson
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**Exhibit
      23.2**





**INDEPENDENT
      REGISTERED PUBLIC ACCOUNTING FIRM’S CONSENT**





**Consent
      of Independent Registered Public Accounting Firm**





We
      consent to the incorporation by reference in Registration Statements
      (No. 333-125671, 333-75275, 333-38230, 333-132803 and 333-140107 )
      on Form S-3 and
      Form
      S-8 (333-116072)  of
      Columbia Laboratories, Inc. of our reports dated March 25, 2008 relating to
      our
      audits of the consolidated financial statements, the financial statement
      schedule, the restatement adjustments to the consolidated financial statements
      for the years ended December 31, 2006, 2005 and 2004, and the internal control
      over financial reporting for the year ended December 31, 2007which appear in
      this Annual Report on Form 10-K of Columbia Laboratories, Inc. for the year
      ended December 31, 2007. Our report dated March 25, 2008 included an explanatory
      paragraph that effective January 1, 2007, Columbia Laboratories, Inc. adopted
      Financial Accounting Standards Board Interpretation No. 48, “Accounting for
      Uncertainty in Income Taxes - an Interpretation of FASB Statement No.
      109”.





Our
      report dated March 25, 2008 on the effectiveness of internal control over
      financial reporting as of December 31, 2007, expressed an opinion that Columbia
      Laboratories, Inc. had not maintained effective internal control over financial
      reporting as of December 31, 2007, based on criteria established in Internal
      Control - Integrated Framework issued by the Committee of Sponsoring
      Organizations of the Treadway Commission.





/s/
      McGladrey & Pullen, LLP





**McGLADREY
      & PULLEN, LLP**


New
      York,
      New York


March
      25,
      2008