alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### HUMMEL v. STERN.

(Supreme Court, Appellate Division, First Department.

January 14, 1896.)

No opinion. Ten dollars costs allowed on withdrawal of motion. See 36 N. Y. Supp. 443, and 37 N. Y. Supp. 1146.
(Republished)

#### Constantino Cirillo, Respondent, v Cibro Petroleum Corp. et al., Appellants.

No opinion. Concur — Kupferman, J. P., Ross, Carro, Asch and Rosenberger, JJ. [124 AD2d 471.]
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UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-7267

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

PAUL J. HARRIS, 

 Defendant - Appellant. 

Appeal from the United States District Court for the Northern 

District of West Virginia, at Wheeling. Frederick P. Stamp, 

Jr., Senior District Judge (5:07-cr-00022-PS-JES-1) 

Submitted: December 16, 2008 Decided: December 23, 2008 

Before WILKINSON, MICHAEL, and KING, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Paul J. Harris, Appellant Pro Se. Timothy D. Belevetz, Assistant 

United States Attorney, Alexandria, Virginia; Betsy C. Jividen, 

Robert Hugh McWilliams, Jr., Assistant United States Attorneys, 

Wheeling, West Virginia; Brian James Samuels, Assistant United 

States Attorney, Newport News, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

 Following his acquittal on charges of tax evasion and 

filing false tax returns, Paul J. Harris filed a motion for 

recovery of costs and fees under the Hyde Amendment, 18 U.S.C. 

3006A (2006), alleging bad faith by the Government in 

prosecuting him. He also requested an in camera production of 

internal government memoranda. The district court denied these 

motions, and Harris appealed. We have reviewed the record and 

find no abuse of discretion and no reversible error. 

Accordingly, we affirm for the reasons stated by the district 

court. United States v. Harris, No. 5:07-cr-00022-PS-JES-1 

(N.D.W. Va. July 11, 2008). We dispense with oral argument 

because the facts and legal contentions are adequately presented 

in the materials before the court and argument would not aid the 

decisional process. 

AFFIRMED
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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 Silverleaf Resorts, Inc. (the "Company") on Form 10-Q for the quarter ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Robert M. Sinnott, 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.











Dated:  August 4, 2009
/s/ ROBERT M. SINNOTTRobert M. SinnottChief Financial Officer
#### In the Matter of Antonio Dwayne G., Appellant, v Ericka Monte E., Respondent.

[946 NYS2d 866]

Order, Family Court, New York County (Carol J. Goldstein, Ref.), entered on or about August 30, 2010, which, to the extent appealed from as limited by the briefs, granted, without a hearing, respondent mother’s motion to dismiss petitioner father’s petition to modify an order of custody, unanimously affirmed, with costs. Appeal from order, same court and Referee, entered on or about December 7, 2010, which, to the extent appealed from as limited by the briefs, denied petitioner’s application to reargue, unanimously dismissed, without costs, as taken from a nonappealable paper.

Family Court providently exercised its discretion in declining to hold a hearing before it dismissed the petition to modify the existing custody arrangement. A court is not required to conduct a hearing whenever a party moves for a change in custody especially where, as here, the claims are “speculative and frivolous” *(David W. v Julia W.,*158 AD2d 1, 6 [1990]). Indeed, the record shows that respondent did not medically neglect the child.

To the extent petitioner sought to reargue the motion dismissing his petition, the denial of his application is not appealable *(see McCoy v Metropolitan Transp. Auth.,*75 AD3d 428, 430 [2010]). Concur — Mazzarelli, J.P., Catterson, Moskowitz, Manzanet-Daniels and Román, JJ.
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[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Notices]
[Page 44718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17390]


-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisitions of Shares of a Bank 
or Bank Holding Company

    The notificants listed below have applied under the Change in Bank 
Control Act (Act) (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank 
holding company. The factors that are considered in acting on the 
applications are set forth in paragraph 7 of the Act (12 U.S.C. 
1817(j)(7)).
    The public portions of the applications listed below, as well as 
other related filings required by the Board, if any, are available for 
immediate inspection at the Federal Reserve Bank(s) indicated below and 
at the offices of the Board of Governors. This information may also be 
obtained on an expedited basis, upon request, by contacting the 
appropriate Federal Reserve Bank and from the Board's Freedom of 
Information Office at https://www.federalreserve.gov/foia/request.htm. 
Interested persons may express their views in writing on the standards 
enumerated in paragraph 7 of the Act.
    Comments regarding each of these applications must be received at 
the Reserve Bank indicated or the offices of the Board of Governors, 
Ann E. Misback, Secretary of the Board, 20th Street and Constitution 
Avenue NW, Washington, DC 20551-0001, not later than August 30, 2021.
    A. Federal Reserve Bank of Dallas (Karen Smith, Director, 
Applications) 2200 North Pearl Street, Dallas, Texas 75201-2272:
    1. Security State Bank & Trust, Fredericksburg, Texas, as co-
trustee of the Kathleen Keller 2016 Trust, Blanco County, Texas, and of 
the Kay Durst Family 2016 Trust, Gillespie County, Texas; to retain 
voting shares of Security Holding Company, and thereby indirectly 
retain voting shares of Security State Bank & Trust, both of 
Fredericksburg, Texas.
    Additionally, the Elliott Gage Hayne GST Trust, Elliott Gage Hayne, 
as trustee, the James L. Hayne, Jr. GST Trust, James L. Hayne, Jr., as 
trustee, the Nancy Elliott Hayne GST Trust, Nancy Elliott Hayne, as 
trustee, and the Walter Catto Hayne GST Trust, Walter Catto Hayne, as 
trustee, all of San Antonio, Texas; to join the Bonnen/Durst/Hayne/
Igler/Keller/Kemp/LeJeune/Loth control group, a group acting in 
concert, to retain voting shares of Security Holding Company, and 
thereby indirectly retain voting shares of Security State Bank & Trust.

    Board of Governors of the Federal Reserve System, August 10, 
2021.
Ann Misback,
Secretary of the Board.
[FR Doc. 2021-17390 Filed 8-12-21; 8:45 am]
BILLING CODE P
II

105TH CONGRESS

1ST SESSION S. 137

To tax 9 millimeter, .25 caliber, and .32 caliber bullets.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

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

referred to the Committee on Finance

A BILL

To tax 9 millimeter, .25 caliber, and .32 caliber bullets.

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

3 That this Act may be cited as the ‘‘Real Cost of Handgun

4 Ammunition Act of 1997’’.

5 SEC. 101. INCREASE IN TAX ON CERTAIN BULLETS.

6 (a) IN GENERAL.—Section 4181 of the Internal Rev7 enue Code of 1986 (relating to the imposition of tax on

8 firearms, etc.) is amended by adding at the end the follow9 ing new flush sentence:

10 ‘‘In the case of 9 millimeter, .25 caliber, or .32 caliber

11 ammunition, the rate of tax under this section shall be

12 1,000 percent.’’
2

•S 137 IS

1 (b) EXEMPTION FOR LAW ENFORCEMENT PUR2 POSES.—Section 4182 of the Internal Revenue Code of

3 1986 (relating to exemptions) is amended by adding at

4 the end the following new subsection:

5 ‘‘(d) LAW ENFORCEMENT.—The last sentence of sec6 tion 4181 shall not apply to any sale (not otherwise ex7 empted) to, or for the use of, the United States (or any

8 department, agency, or instrumentality thereof) or a State

9 or political subdivision thereof (or any department, agen10 cy, or instrumentality thereof).’’

11 (c) EFFECTIVE DATE.—The amendments made by

12 this section shall apply to sales after December 31, 1997.

Æ
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 Optical Cable Corporation (the Company) on Form 10-Q for the quarter ended April 30, 2010 as
filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, 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 and Exchange Act of 1934; and (2) the information contained in the Report fairly represents, in all material respects, the financial
condition and results of operations of the Company as of April 30, 2010, and for the period then ended.



|                    |  |                                                  
|------------------- |  | -------------------------------------------------
|Date: June 14, 2010 |  | /s/ Tracy G. Smith                               
|                    |  | Tracy G. Smith                                   
|                    |  | Senior Vice President and Chief Financial Officer
UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

INDIANAPOLIS DIVISION 

KAYLA NOORLUN, § 

Plaintiff § 

§ 

vs § 

§ 

CAROLYN W. COLVIN, § 

Acting Commissioner of Social Security § 

Administration, § 

Defendant. § 

CIVIL ACTION NO. 

3:14-CV-02024...MI. A0 

Order Awarding Attorney's Fees 

pursuant to the Equal Access to Justice Act, 

28 U.S.C. § 2412(d) 

Before the Court is the Motion of Plaintiff Kayla Noorlun for award of attorney's fees pursuant 

to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Based on the pleadings as well as the 

position of the defendant commissioner, if any, and recognizing the Plaintiffs waiver of direct 

payment and assignment ofEAJA to her counsel, 

IT IS HEREBY ORDERED that attorney fees in the total amount of Eight Thousand Seven 

Hundred Seventy Six Dollars and Fifty Cents ($8, 772.50) pursuant to the Equal Access to Justice 

Act, 28 U.S.C. § 2412(d) are awarded to Plaintiff. Astrue v. Ratliff, 130 S.Ct. 2521 (2010). 

The Court hereby awards EAJA fees, broken down as follows: 

1. Plaintiff is awarded 41.45 hours at $190.28 per hour in the amount of$7,887.ll for 

attorney'sfees under 28 US.C. § 2412(d); 

2. Plaintiff is awarded 8. 7 hours at $100. 00 per hour in the amount of $870. 00 for 

Paralegal Services. 

3. Plaintiff is awarded $15. 39 for expenses. 

If the U.S. Department of the Treasury dete1mines that Plaintiffs EAJA fees, expenses, and costs 

are not subject to offset allowed under the Department of the Treasury's Offset Program (TOPS), 

then the check for EAJA fees, expenses, and costs shall be made payable to Plaintiffs attorney, 

Howard D. Olinsky. 

Case 3:14-cv-02024-AC Document 34 Filed 07/27/16 Page 1 of 2
300 South State Street 

Suite 420 

Syracuse, NY 13202 

So ordered. 

,;) 7 ( 

' 

/'1 

l 

(_ ,J d 

John V. Acqsta 

United Stat~s Magistrate Judge 

Case 3:14-cv-02024-AC Document 34 Filed 07/27/16 Page 2 of 2
#### In the Matter of Deon S.-G. Administration for Children’s Services, Respondent; Romel S.-G., Appellant, et al., *1341Respondent.

[944 NYS2d 899] —

In a child neglect proceeding pursuant to Family Court Act article 10, the father appeals from (1) a fact-finding order of the Family Court, Queens County (McGowan, J.), dated March 10, 2011, which, after a fact-finding hearing, determined that the father had neglected the subject child, and (2) an order of disposition of the same court dated March 23, 2011, which, upon the fact-finding order, inter alia, directed the father to attend anger management and parenting classes and to complete a batterer’s program.

Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, as that order was superseded by the order of disposition; and it is further,

Ordered that the order of disposition is affirmed, without costs or disbursements.

In a child protective proceeding, the petitioner has the burden of proving neglect by a preponderance of the evidence *(see*Family Ct Act § 1046 [b] [i]; *Matter of Philip M.,*82 NY2d 238 [1993]; *Matter of Tammie Z.,*66 NY2d 1 [1985]; *Matter of Besthani M.,*13 AD3d 452 [2004]). Here, contrary to the father’s contention, the Family Court’s finding of neglect, based upon his use of excessive corporal punishment, is supported by a preponderance of the evidence *(see*Family Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]; *Matter of Chanyae S. [Rena W.],*82 AD3d 1247 [2011]; *Matter of Isaiah S.,*63 AD3d 948 [2009]; *Matter of Joshua B.,*28 AD3d 759 [2006]; *Matter of Joseph O.,*28 AD3d 562 [2006]).

The father’s remaining contentions are without merit. Skelos, J.E, Dickerson, Eng and Austin, JJ., concur.
#### The People of the State of New York, Respondent, v Luis Trinidad, Appellant.

Defendant was convicted of murder in the second degree, after a jury trial, and sentenced to a term of from 25 years to life imprisonment.

We agree with defendant’s principal appellate contention that it was error to admit into evidence over objection the hearsay statement of an unidentified onlooker that the "person wanted for the shooting that had just taken place” had run into a store-front church — a church in which defendant was shortly thereafter located by the police and arrested. In view of the overwhelming proof of defendant’s guilt, we are persuaded that the error was harmless. *(See, People v Crimmins,*36 NY2d 230, 242.)

The evidence adduced by the People included identification testimony by a witness to the shooting, strongly confirmatory testimony by another witness whose description of the distinctive clothing worn by the shooter matched that worn by the defendant, independent testimony that the defendant had entered the store-front church at a relevant time, and the discovery of a gun that ballistically matched the homicide at a point in the church near where the defendant was sitting and under circumstances excluding any reasonable explanation other than that the defendant had carried the gun into the church.

We have considered defendant’s other claims of error and *486find these to be without merit. Concur — Murphy, P. J., Sandler, Sullivan, Rosenberger and Wallach, JJ.