alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### In the Matter of Joseph DeSimone, Respondent, v Mary Ann Delano, Appellant.

[941 NYS2d 267]

In a proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Orange County (Klein, J.), dated April 26, 2010, as granted the father’s petition to modify the visitation provisions of an order of custody and visitation of the same court dated February 11, 2002, to the extent of limiting the children’s visitation with the mother to every other Saturday, from 10:00 a.m. to 6:00 p.m., and dinner visits on Friday evenings on the alternate weeks that she does not have Saturday visitation.

Ordered that the order dated April 26, 2010, is affirmed insofar as appealed from, without costs or disbursements.

Modification of an existing custody or visitation order is permissible only upon a showing that there has been a change in circumstances such that modification is necessary to ensure the best interests of the children *(see*Family Ct Act § 467 [b]; *Matter of Wilson v McGlinchey,*2 NY3d 375, 380 [2004]; *Friederwitzer v Friederwitzer,*55 NY2d 89, 95 [1982]). The determination of visitation issues is entrusted to the sound discretion of the Family Court, and its determination will not be disturbed unless it lacks a sound and substantial basis in the record *(see Matter of Indig v Indig,*90 AD3d 1050 [2011]).

Here, the Family Court’s determination that a change in circumstances warranted modification of the existing order of custody and visitation to the extent of limiting the children’s *760visitation with the mother to every other Saturday, from 10:00 a.m. to 6:00 p.m., and dinner visits on Friday evenings on the alternate weeks that she does not have Saturday visitation, had a sound and substantial basis in the record. Skelos, J.E, Belen, Lott and Miller, JJ., concur.
<partyblock><br><br><div align="center"><b><font size="+1">TAM Medical Supply Corp., as Assignee of CASSANDRA AMBROISSE, Appellant,<br><br>against<br><br>21st Century Insurance Company, Respondent.</font></b></div><br><br><p>Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered November 18, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.</p><p>ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is denied.</p><p>In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint, arguing that it had fully paid plaintiff for the supplies at issue in accordance with the workers' compensation fee schedule. The Civil Court granted defendant's motion.</p><p>Plaintiff correctly argues on appeal that defendant's motion papers failed to establish, as a matter of law, that the fees that had been charged by plaintiff exceeded the amounts set forth in the workers' compensation fee schedule (<a href="../2009/2009_50732.htm" target="_blank"><i>see Rogy Med., P.C. v Mercury Cas. Co.</i>, 23 Misc 3d 132</a>[A], 2009 NY Slip Op 50732[U] [App Term, 2d Dept, 2d, 11th &amp; 13th Jud Dists 2009]). Therefore, defendant was not entitled to summary judgment dismissing the complaint.</p><p>Accordingly, the order is reversed and defendant's motion for summary judgment dismissing the complaint is denied.</p><p>Pesce, P.J., Aliotta and Solomon, JJ., concur.</p><br>Decision Date: September 19, 2016<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
#### Stephen Hamburg et al., Appellants, v Westchester Hills Golf Club, Inc., Respondent.

[946 NYS2d 228]

In an action, inter alia, for injunctive relief, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Murphy, J.), entered February 17, 2011, which denied their motion for summary judgment on the cause of action seeking an injunction compelling the defendant to remove a certain fence based upon an oral agreement purportedly reached on July 24, 2005, and granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiffs’ motion for summary judgment on the cause of action seeking an injunction compelling the defendant to remove a certain fence based upon an oral agreement purportedly reached on July 24, 2005, and granted the defendant’s cross motion for summary judgment dismissing the complaint. “The statute of frauds, as incorporated in section 5-701 (a) (1) of the General Obligations Law, provides that an agreement is void if it is not in writing and ‘subscribed by the party to be charged therewith’ when the agreement ‘[b]y its terms is not to be performed within one year from the making thereof ” *(Sheehy v Clifford Chance Rogers & Wells LLP,*3 NY3d 554, 559-560 [2004], quoting General Obligations Law § 5-701 [a] [1]). “In order to remove an agreement from the application of the statute of frauds, both parties must be able to complete their performance of the contract within one year” *(Sheehy v Clifford Chance Rogers & Wells LLP,*3 NY3d at 560; *see Cron v Hargro Fabrics,*91 NY2d 362, 367-368 [1998]; *Meyers v Waverly Fabrics, Div. of Schumacher & Co.,*65 NY2d 75, 79 [1985]).

Here, the defendant established its prima facie entitlement to *803judgment as a matter of law by tendering evidence that the alleged oral agreement between the parties was incapable of performance within one year and was, therefore, barred by the statute of frauds *(see*General Obligations Law § 5-701 [a] [1]; *Solomon v Urban Dental Mgt., Inc.,*39 AD3d 529 [2007]). In opposition to this prima facie showing, the plaintiffs failed to raise a triable issue of fact *(see generally Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]). Dillon, J.P., Balkin, Eng and Chambers, JJ., concur.
<TABLE> <S> <C>


<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          AUG-31-2000
<PERIOD-END>                               AUG-31-2000
<CASH>                                          56,393
<SECURITIES>                                         0
<RECEIVABLES>                                  834,349
<ALLOWANCES>                                    23,249
<INVENTORY>                                    602,385
<CURRENT-ASSETS>                             1,531,298
<PP&E>                                       1,888,871
<DEPRECIATION>                                 854,103
<TOTAL-ASSETS>                               3,172,680
<CURRENT-LIABILITIES>                        1,317,075
<BONDS>                                        728,426
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,164,426
<TOTAL-LIABILITY-AND-EQUITY>                 3,172,680
<SALES>                                      8,435,805
<TOTAL-REVENUES>                             8,571,421
<CGS>                                        8,237,995
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              57,566
<INCOME-PRETAX>                                 91,268
<INCOME-TAX>                                     3,880
<INCOME-CONTINUING>                             87,388
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    87,388
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0



</TABLE>
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Joseph M Meyers
                        Research Program Support

                        




                        
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ex10-5.htm


    EXHIBIT
10.5

     

    CHANGE
IN CONTROL AGREEMENT

    


    WHEREAS, Iron
Mountain Incorporated (the “Company”) has granted and may hereafter grant the
undersigned (the “Optionee”) one or more options (the “Options”) to purchase
shares of the Company’s common stock, par value $0.01 (the “Common Stock”),
pursuant to option agreements between the Company and Optionee (each, an “Option
Agreement”); and

    


    WHEREAS, the
Optionee and the Company desire to provide to the Optionee an additional
component of “Good Reason” as used in connection with a “Vesting Change in
Control” regarding all outstanding Options held by the Optionee as of the date
hereof and as hereafter may be granted under Option Agreements between the
Company and the Optionee (as amended and as may be amended or entered into in
the future, the “Stock Option Agreements”);

    


    NOW, THEREFORE,
in consideration of the foregoing and of the mutual covenants and agreements
hereinafter contained, the Optionee and the Company agree that the existing
Option Agreements are hereby amended to, and future Option Agreements will,
provide, notwithstanding any other provision in a Stock Option Agreement or the
plan(s) with respect to which such Options are granted (collectively, the
“Plans”) to the contrary:

    


    1.           That
the definition of the phrase “Good Reason” as used in connection with a “Vesting
Change in Control” shall include the following additional
component:  “a material diminution in the responsibilities or title of
the Optionee’s position with Iron Mountain and/or the assignment to Optionee of
duties and responsibilities that are generally inconsistent with the Optionee’s
position with Iron Mountain immediately prior to the Vesting Change in
Control.”  For the avoidance of doubt, “Good Reason” will have
occurred if the foregoing component or one of the components of “Good Reason” in
the Plans shall have occurred.

     

    2.           Except
as otherwise provided herein, all other terms and conditions of each Stock
Option Agreement shall remain in full force and effect.

     

    Capitalized terms
not defined herein have the same meaning given to them in the applicable Stock
Option Agreement, or if not defined therein, the applicable Plan.

     

    IN WITNESS
WHEREOF, the Optionee and the Company have executed this Change in Control
Agreement this 10th day of December, 2008.

    


    


    
      	
              IRON
      MOUNTAIN INCORPORATED

            	
              OPTIONEE

            
	 
      	 
      
	
              By: /s/ Linda
    Rossetti

            	
              /s/
      Robert T. Brennan

            
	
              Its:  Executive
      Vice President, 

                  Human
      Resources and Administration

            	
              Name:
      Robert T. Brennan
[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Notices]
[Page 47362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18158]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 11506]


Notice of Determinations; Culturally Significant Objects Being 
Imported for Exhibition--Determinations: ``Queen Nefertari: Eternal 
Egypt'' Exhibition

SUMMARY: Notice is hereby given of the following determinations: I 
hereby determine that certain objects being imported from abroad 
pursuant to agreements with their foreign owner or custodian for 
temporary display in the exhibition ``Queen Nefertari: Eternal Egypt'' 
at the Portland Art Museum, Portland, Oregon, the New Orleans Museum of 
Art, New Orleans, Louisiana, and at possible additional exhibitions or 
venues yet to be determined, are of cultural significance, and, 
further, that their temporary exhibition or display within the United 
States as aforementioned is in the national interest. I have ordered 
that Public Notice of these determinations be published in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Chi D. Tran, Program Administrator, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6471; email: <a href="/cdn-cgi/l/email-protection#ea998f899e838584d8dedfd3aa999e8b9e8fc48d859c"><span class="__cf_email__" data-cfemail="196a7c7a6d7076772b2d2c20596a6d786d7c377e766f">[email protected]</span></a>). The mailing address is U.S. 
Department of State, L/PD, 2200 C Street, NW (SA-5), Suite 5H03, 
Washington, DC 20522-0505.

SUPPLEMENTARY INFORMATION: The foregoing determinations were made 
pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236-3 of August 28, 2000.

Matthew R. Lussenhop,
Acting Assistant Secretary, Bureau of Educational and Cultural Affairs, 
Department of State.
[FR Doc. 2021-18158 Filed 8-23-21; 8:45 am]
BILLING CODE 4710-05-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
**Exhibit32.1**

 

CERTIFICATIONPURSUANT TO

18 U.S.C.SECTION 1350,

AS ADOPTEDPURSUANT TO SECTION 906

OF THESARBANES-OXLEY ACT OF 2002

 

 

Inconnection with the Annual Report of Gexa Corp. (the “Company”) on Form 10-K/A, Amendment No. 1,  for the year ended December 31, 2004 (the “Report”),as filed with the Securities and Exchange Commission on the date hereof, I,Neil M. Leibman, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.             The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934,as amended; and

 

2.             The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 
| /s/ Neil M. Leibman     |   |
|-------------------------|--------|
| Neil M. Leibman         |   |
| Chief Executive Officer |   |
| Dated: April 29, 2005   |   |

 

 

A signed original of thiswritten statement required by Section 906 has been provided to Gexa Corp. andwill be retained by Gexa Corp. and furnished to the Securities and ExchangeCommission or its staff upon request.

 

----
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from the
Blue Rhino Corporation April 30, 1998 condensed consolidated financial
statements and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                         JUL-31-1998
<PERIOD-START>                            AUG-01-1997
<PERIOD-END>                              APR-30-1998
<CASH>                                            440  
<SECURITIES>                                        0         
<RECEIVABLES>                                   4,563
<ALLOWANCES>                                        0
<INVENTORY>                                     1,354
<CURRENT-ASSETS>                                6,608 
<PP&E>                                          5,461
<DEPRECIATION>                                      0
<TOTAL-ASSETS>                                 16,578
<CURRENT-LIABILITIES>                           9,953
<BONDS>                                        19,809
<PREFERRED-MANDATORY>                           9,485
<PREFERRED>                                         0
<COMMON>                                           23
<OTHER-SE>                                   (22,692)
<TOTAL-LIABILITY-AND-EQUITY>                   16,578
<SALES>                                        14,008 
<TOTAL-REVENUES>                               14,008
<CGS>                                          10,693         
<TOTAL-COSTS>                                  10,693 
<OTHER-EXPENSES>                                5,597
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                              1,349
<INCOME-PRETAX>                               (3,631)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                           (3,631)
<DISCONTINUED>                                      0 
<EXTRAORDINARY>                                     0
<CHANGES>                                           0 
<NET-INCOME>                                  (3,631)
<EPS-PRIMARY>                                  (1.71)
<EPS-DILUTED>                                  (1.71)
        

</TABLE>
Case: 1:03-cv-07910 Document #: 12 Filed: 12/04/03 Page 1 of 3 PageID #:65
Case: 1:03-cv-07910 Document #: 12 Filed: 12/04/03 Page 2 of 3 PageID #:66
Case: 1:03-cv-07910 Document #: 12 Filed: 12/04/03 Page 3 of 3 PageID #:67