alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jack Davis, Appellant, v Brian Fischer, as Commissioner of Corrections and Community Supervision, et al., Respondents.

[944 NYS2d 797] —

Appeal from a judgment of the Supreme Court (Lynch, J), entered May 23, 2011 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner attempted to commence this CPLR article 78 proceeding to challenge various prison disciplinary determinations made between 1989 and 2009. Respondents, in turn, moved to dismiss the petition based upon petitioner’s failure to comply with the service requirements set forth in the order to show cause. Supreme Court granted the motion and this appeal ensued.

Absent personal jurisdiction over the parties, this Court is precluded from addressing the merits of the arguments in the petition *(see Matter of Wilson v Bezio,*93 AD3d 1053, 1054 [2012]; *Matter of Calhoun v Division of Parole,*93 AD3d 1009, 1009-1010 [2012]). Upon reviewing the record, we find no basis to disturb Supreme Court’s conclusion that jurisdiction was lacking.

Peters, PJ., Mercure, Lahtinen, Kavanagh and Garry, JJ., concur. Ordered that the judgment is affirmed, without costs.
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Martin A Locke    Location Coordinator 
 Dr. Locke is Director of the USDA-ARSNational Sedimentation Laboratory(NSL), Oxford, Mississippi, which consists of two USDA-ARS research units:Water Quality and Ecology Research Unit(WQERU) andWatershed Physical Processes Research Unit(WPPRU).  He provides overall leadership and direction for theNSLmission.  In addition toNSLLaboratory Director, Dr. Locke serves as Location Coordinator for the Oxford Location, consisting of three research units:  WQERU,WPPRU, andNatural Product Utilization Research Unit (NPURU). Dr. Locke received graduate training in soil science from Texas A & M University (Ph.D. 1986) and theUniversity of Missouri (M.S. 1984).  During his 35-year career with ARS, he has developed a research program assessing the value and impact of conservation management practices.  His research has focused on determining the effectiveness of these practices in influencing the fate of agrochemicals and in protecting and enhancing soil and water resources. **Publications** Dr. Locke'sGoogle Scholarprofile Dr. Locke'sORCIDId  **For Additional Information**


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IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

E.R.,

Petitioner

v.

J.N.B.,

Respondent :

:

:

:

:

:

:

:

:

:

: No. 72 MAL 2016

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 23rd day of March, 2016, the Petition for All owance of Appeal is

DENIED

.

Justice Wecht did not participate in the decision of this m atter.
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ARS Home Southeast Area Fort Pierce, Florida U.S. Horticultural Research Laboratory Citrus and Other Subtropical Products Research People & Locations







Holly L Sisson
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# EUR-Lex - 52006AP0407 - EN

Important legal notice

*|*

# 52006AP0407

**European Parliament legislative resolution on the proposal for a Council regulation on glucose and lactose (Codified version) (COM(2006)0116 - C6-0135/2006 - 2006/0038(CNS)) **

*
Official Journal 308 E , 16/12/2006 P. 0087 - 0088 *

P6_TA(2006)0407

Glucose and lactose (Codified version) *

European Parliament legislative resolution on the proposal for a Council regulation on glucose and lactose (Codified version) (COM(2006)0116 — C6-0135/2006 — 2006/0038(CNS))

(Consultation procedure — Codification)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(2006)0116) [1],

- having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0135/2006),

- having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts [2],

- having regard to Rules 80, 51 and 43 of its Rules of Procedure,

- having regard to the report of the Committee on Legal Affairs (A6-0320/2006),

1. Approves the Commission proposal;

2. Instructs its President to forward its position to the Council and the Commission.

[1] Not yet published in OJ.

[2] OJ C 102, 4.4.1996, p. 2.

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

| Dated:  August 13, 2010 |   | /s/ Herbert M. Stein                                                                                                 |   |
|-----------------------------------|--------|----------------------------------------------------------------------------------------------------------------------|--------|
|                              |   | Herbert M. Stein                                                                                                     |
|                              |   | Chief Executive Officer and President (principal executive officer)                                                  |
|                              |   |                                                                                                                 |   |
|                              |   |                                                                                                                 |   |
| Dated:  August 13, 2010 |   | /s/ Paul J. Murphy                                                                                                   |   |
|                              |   | Paul J. Murphy                                                                                                       |
|                              |   | Chief Financial Officer and Vice President of Finance (principal financial officer and principal accounting officer) |

----
Exhibit 32

                    ADVANCED FINANCIAL INC. AND SUBSIDIARIES




Section 906 Certification of Principal Executive Officer and Chief Executive
Officer

     I, Charles A. Holtgraves, Chief Executive officer (Principal Executive
Officer and Chief Financial Officer), certify that this annual report on Form
10-KSB for the annual period ended (March 31, 2003) fully complies with the
requirements of Section 13(a) of 15(d) of the Securities Exchange Act of 1934,
and that the information contained herein fairly presents, in all material
respects, the financial condition and results of operations of Advanced
Financial Inc. and its subsidiaries for the periods presented.


Date: November 21, 2003                     /s/  Charles A. Holtgraves
                                            -----------------------------------
                                                 Charles A. Holtgraves
                                                 Chief Executive Officer
                                                 Chief Financial Officer
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#### The People of the State of New York, Respondent, v Eddie Badia, Appellant.

[942 NYS2d 114]

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J., at first jury trial; Edwin Torres, J., at second jury trial and sentencing), rendered November 2, 2006, convicting defendant of criminal possession of a controlled substance in *623the first and third degrees, and sentencing him to an aggregate term of 25 years to life, unanimously reversed, on the law, and the matter remanded for a new trial.

The court unduly restricted defendant’s cross-examination of a People’s witness concerning the police investigation into a participant in the crime. Initially, we note that the court erred in concluding that it was “bound by the strictures” of the ruling on this issue made by the court that presided over defendant’s first trial, in which the jury failed to reach a verdict. On retrial, the court had full discretion to make its own determination *(see People v Evans,*94 NY2d 499 [2000]).

In any event, regardless of whether the prior court’s ruling limiting defendant’s cross-examination was law of the case on the retrial, that ruling was error, and defendant is entitled to a new trial. In light of the defense theory that defendant had unwittingly agreed to aid in the drug enterprise at the other participant’s behest, the defense should have been given the opportunity to explore what the police investigation of the other participant had revealed *(see e.g. People v Terry,*209 AD2d 257 [1994], *lv denied*85 NY2d 914 [1995]; *People v Garriga,*189 AD2d 236, 242 [1993], *lv denied*82 NY2d 718 [1993]).

The limitations on cross-examination were serious enough to impact defendant’s constitutional rights to present a defense and to confront the witnesses against him *(see Chambers v Mississippi,*410 US 284, 294 [1973]). While defendant did receive some opportunity to pursue his line of defense, the additional information defendant sought to elicit was critical to that defense, and the error was not harmless. We have considered and rejected the People’s preservation arguments.

In light of our remand for a new trial, we do not address defendant’s remaining contentions, except that we find that defendant’s pro se suppression claims are without merit. Concur— Mazzarelli, J.P, Sweeny, Moskowitz, Abdus-Salaam and Manzanet-Daniels, JJ.
#### Maria Balicat OLIVEROS; et al., Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 09-71512.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 2011.*

Filed July 21, 2011.

Lorena Larios Shah, Esquire, Nancy Ellen Miller, Esquire, Reeves & Associates, APLC, Pasadena, CA, for Petitioners.

Susan Bennett Green, Kerry Ann Monaco, DOJ-U.S. Department Of Justice, Washington, Dc, Chief Counsel ICE, Office Of The Chief Counsel Department Of Homeland Security, San Francisco, CA, for Respondent.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Maria Balicat Oliveros and her five daughters, natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of *201a motion to reopen, *Iturribarria v. INS,*321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

The BIA did not abuse its discretion in denying petitioners’ September 30, 2008, motion to reopen as untimely because it was filed over three years after the BIA’s final order of removal, *see 8*U.S.C. § 1229a(c)(7)(C)(i) (generally, a motion to reopen must be filed within 90 days of final order of removal), and petitioners did not show they were entitled to equitable tolling, *see Iturribarria,*321 F.3d at 897 (deadline for filing motion to reopen can be equitably tolled “when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”).

In light of this disposition, petitioners’ remaining contention is unavailing.

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.