alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Monte Timoner et al., Appellants, v North Shore Internal Medicine Associates, P. C., et al., Respondents.

— In a medical malpractice action, the appeal is from an order of *301the Supreme Court, Nassau County (Morrison, J.), entered March 25, 1985, which granted that branch of the defendants’ motion which was to dismiss the cause of action asserted on behalf of Monte Timoner, pursuant to CPLR 1021.

Ordered that the appeal is dismissed, without costs or disbursements.

The plaintiff Monte Timoner died in May 1982, during the pendency of this action. More than two years after his death no personal representative had been appointed. The defendants moved to dismiss the action pursuant to CPLR 1021 for failure to effect a substitution of the personal representative of Monte Timoner’s estate within a reasonable time. Special Term granted the motion to the extent of dismissing the cause of action asserted by the deceased plaintiff Monte Timoner. Both plaintiffs purport to appeal from that order. Since there has been no appointment of a personal representative (EPTL 1-2.13) and no substitution (CPLR 1015), this court has no jurisdiction to hear and determine the appeal on behalf of the deceased plaintiff *(see, Muth v Benjamin,*109 AD2d 736; *Paul v Ascher,*106 AD2d 619). Insofar as the plaintiff Ellen Timoner seeks to appeal from the order, Special Term severed her cause of action and continued it. Therefore she is not an aggrieved party (CPLR 5511). Thompson, J. P., Niehoff, Rubin and Eiber, JJ., concur.
Exhibit 10.27


 


 


ADDENDUM TO SERIES 1 KISS AGREEMENT This Addendum to Series 1
Kiss Agreement ("Agreement") is entered into as of the 22nd day of March, 2019 by and between Electromedical Technologies,
Inc., a Delaware corporation (the "Company"), and Blue Ridge Enterprises, LLC, a California Limited Liability Corporation
("BRE"). WHEREAS, on July 9, 2018 the Company and BRE entered into a Series 1 Kiss Agreement in the amount of $35,000;
and WHEREAS, the funding for the Kiss Agreement was not fulfilled until November 1, 2018. NOW THEREFORE, in consideration of the
mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, the parties hereby agree as follows: 1. The date of issuance for the Kiss Agreement is amended 2018 from
July 9, 2018 to November 1. The contributions by Donald Steinberg, individually, to the Company in the amounts of(A) $10,000 on
May 30, 2018; (B) $10,000 on June 18, 2018; and (C) $15,000 on November 1, 2018 are hereby credited to the Agreement. 2. All other
terms and conditions of the Agreement shall remain in full force and effect. AGREED to the date written above. ELECTROMEDIC L
TECHNOLOGIES, INC. By: Matthew N. Wolfson, CEO BLUE RIDGE ENTERPRISES, LLC By: Donald Steinberg, Managing Member Page 1 of 11
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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 Annual Report of YoCream International, Inc. (the
Company) on Form 10-K for the fiscal year ended October 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
Report), I, John N. Hanna, Director, Chairman, and 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 result of operations of the
Company.




/s/ John N. Hanna
John N. Hanna
Chairman and Chief Executive Officer
YoCream International, Inc.

January 29, 2004


This certification is made solely for the purpose of 18 U.S.C. Section 1350,
and not for any other purpose.  A signed original of this written statement
required by Section 906 has been provided to YoCream International, Inc. and
will be retained by YoCream International, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
PROMISSORY
NOTE

    


    
      
        
          	
                  Amount:
      $95,000

                	
                  Date:  October
      31, 2008

                
	
                  San
      Antonio, Texas

                	 
      


        

      

    

    


    For value received, Fiesta
Communications, Inc, a Texas Corporation (Maker), promises to pay to ATSI
Communications, Inc.  (Holder) the principal sum of Ninety five
Thousand ($95,000) with interest from date at the rate of eight percent (10%),
per year.

    


    Principal
is payable in lawful money, of the United States of America at 3201 Cherry
Ridge, Suite C-300, San Antonio, Texas 78230 or at such place as may later be
designated by written notice from the Holder to the Maker hereof, on the date
and in the manner following:

    


    All
principal and accrued interest is due on or before Six (6) months from the date
of this note, or April 30, 2009.

    


    This Note
is secured by Fiesta’s assets, including contracts and intangible
assets.

    


    Both
parties understand that the amount or value above does not exceed the maximum
interest allowed by law, under the statutes of the state of Texas, and
acknowledge that the terms are reasonable given the nature of the
loan.

    


    
      
        
          
            	
                    Fiesta Communications, Inc.

                  
	 
      
	
                    /s/
      Arthur L. Smith

                  
	
                    Arthur
      L. Smith

                  
	
                    It’s
President
<TABLE> <S> <C>

<ARTICLE> 9
<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>                                           7,971
<INT-BEARING-DEPOSITS>                              66
<FED-FUNDS-SOLD>                                 3,215
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     53,102
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        311,672
<ALLOWANCE>                                      4,083
<TOTAL-ASSETS>                                 387,581
<DEPOSITS>                                     333,891
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                              2,889
<LONG-TERM>                                     15,171
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,207
<OTHER-SE>                                      33,423
<TOTAL-LIABILITIES-AND-EQUITY>                 387,581
<INTEREST-LOAN>                                 13,641
<INTEREST-INVEST>                                1,670
<INTEREST-OTHER>                                   301
<INTEREST-TOTAL>                                15,612
<INTEREST-DEPOSIT>                               6,873
<INTEREST-EXPENSE>                               7,450
<INTEREST-INCOME-NET>                            8,162
<LOAN-LOSSES>                                      589
<SECURITIES-GAINS>                                  68
<EXPENSE-OTHER>                                  4,542
<INCOME-PRETAX>                                  4,222
<INCOME-PRE-EXTRAORDINARY>                       4,222
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,856
<EPS-PRIMARY>                                      .65
<EPS-DILUTED>                                      .64
<YIELD-ACTUAL>                                    8.72
<LOANS-NON>                                      1,057
<LOANS-PAST>                                       244
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  1,301
<ALLOWANCE-OPEN>                                 3,744
<CHARGE-OFFS>                                      321
<RECOVERIES>                                        71
<ALLOWANCE-CLOSE>                                4,083
<ALLOWANCE-DOMESTIC>                             4,083
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
#### In the Matter of You Cai Zhang, Respondent, v Tony’s Marble & Granite Supply Corporation, Appellant. Workers’ Compensation Board, Respondent.

[945 NYS2d 769]—

Rose, J.

Appeals (1) from a decision of the Workers’ Compensation Board, filed May 28, 2010, which ruled that the application of Tony’s Marble & Granite Supply Corporation for review of a Workers’ Compensation Law Judge’s decision was untimely, and (2) from a decision of said Board, filed March 10, 2011, which denied a request for reconsideration and/or full Board review.

By decision filed November 27, 2009, a Workers’ Compensation Law Judge (hereinafter WCLJ) determined that claimant sustained a work-related injury and awarded benefits. On January 12, 2010, Tony’s Marble & Granite Supply Corporation (hereinafter the employer) submitted an appeal from that decision. The Workers’ Compensation Board deemed the appeal as untimely and also denied a subsequent application from the employer for reconsideration or full Board review. These appeals ensued.

We affirm. An application for review of a WCLJ’s decision must be in writing and filed within 30 days after notice of filing of that decision *(see*Workers’ Compensation Law § 23). Such *1511written application shall be accompanied by a cover sheet form prescribed by the chair, specify the issues and grounds for such review and include proof of service upon all parties in interest *(see*12 NYCRR 300.13 [a]; *see also Matter of Priola v Andrews Staffing,*305 AD2d 900, 901 [2003]). Here, although the employer notified the Board of its intent to appeal by letter dated December 23, 2009, it did not file the complete application until after the 30-day time limit had expired. It is within the Board’s province to determine the timeliness of an appeal and, upon our review of the record herein and given the evidence of the lack of compliance with the relevant regulations, we find no reason to disturb the Board’s decision *(see Matter of Priola v Andrews Staffing,*305 AD2d at 901). Furthermore, we are unpersuaded by the employer’s contention that the denial of its application for reconsideration or full Board review was either arbitrary and capricious or an abuse of discretion *(see Matter of Paivanas v Resource Ctr.,*77 AD3d 993 [2010], *lv dismissed*16 NY3d 781 [2011]), notwithstanding its belated submission of an additional set of documents purportedly evincing a timely appeal from the WCLJ’s decision.

Mercure, J.E, Stein, Garry and Egan Jr., JJ., concur. Ordered that the decisions are affirmed, without costs.
#### Mason v. Crowder, *Plaintiff in Error.*Mason v. Black, *Plaintiff in Error.*

Practice. When a case is reversed and remanded by the supreme court with directions, and the lower court fails to observe said directions, the case will again be reversed and remanded.

*353*Error to Daviess Circuit Court.*

Reversed and remanded.

Crittenden, *McDougal & Stiles*for plaintiff in error. *

The trial court erred in following the original opinion in the attempt to adjust rights of those under aad through whom Crowder claimed- title, as they were not parties to the suit. See *per curiam*opinion on rehearing. *Mason v.*Blaclc, 87 Mo. 347-8.

*Bush & Ewing*for defendant in error.

Per cuRiAM.

— These cases were here before andaré ' reported as *Mason v.*Blade. 87 Mo. 831. The circuit court had dismissed the plaintiff’s petition, and that judgment we reversed, and we remanded the causes with directions. Subsequently we set aside the judgment of this court and then again reversed the judgment of the circuit court, and remanded the causes with directions different in some respects from those first given. The circuit court, on the return of the cases, proceeded to and did enter up a full decree without the production of any evidence. In this there was error. Our last judgment decreed the title to be in the plaintiff, even as against defendant, but as to any other and further relief, we remanded the causes to be tried anew, on such evidence as the parties might produce, according to the principles of law asserted in the opinion first filed. Of course the court cannot decree title out of persons who are not before it, but it can divest defendant of any apparent title he may have or cancel the deeds which are a cloud upon the plaintiff’s title. The trial court doubtless misunderstood the judgment last entered by this court. The judgment must therefore be again reversed and the causes remanded for further proceeding, and it is so ordered.

All concur.
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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 of Young Innovations (the “Company”) on Form 10-Q for the period ending March 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned Chief Executive Officer and Chief Financial Officer of the Company hereby certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002 that based on their knowledge (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 and for the periods covered in the Report.  

 

 

 

|   | /s/ Alfred E. Brennan, Jr. |
|--------|----------------------------|

|   | Alfred E. Brennan, Jr. |
|--------|------------------------|

|   | Chief Executive Officer |
|--------|-------------------------|

 

 

|   | /s/ Arthur L. Herbst, Jr. |
|--------|---------------------------|

|   | Arthur L. Herbst, Jr. |
|--------|-----------------------|

|   | President |
|--------|-----------|

 

 

|   | /s/ Christine R. Boehning |
|--------|---------------------------|

|   | Christine R. Boehning |
|--------|-----------------------|

|   | Vice President and Chief Financial 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 amended annual report of Synergx Systems Inc. (the
      "Company") on Form 10-KSB/A-1 for the period ending September 30, 2006 as filed
      with the Securities and Exchange Commission on the date hereof (the "Report"),
      I, Daniel S. Tamkin, Chief Executive Officer of the Company, and I, John A.
      Poserina, 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,
      to
      my knowledge, 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/
      Daniel S. Tamkin


Chief
      Executive Officer


Synergx
      Systems Inc.





January
      29, 2007














/s/
      John
      A. Poserina


Chief
      Financial Officer


Synergx
      Systems Inc.





January
      29, 2007
#### BOLSTEIN, Respondent, v. MENTZ, Appellant.

(Supreme Court, Appellate Division, Second Department.

January 21, 1896.)

Action by Lena Bolstein against Joseph Mentz.

No opinion. Order reversed, with $10 costs and disbursements, to abide event of action, and motion granted to extent of directing plaintiff to furnish bill of particulars of expenses paid or incurred for medical attendance and medicines. All concur.