alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Bonnie Ames, Appellant, v Kamco Supply Corp. et al., Respondents, et al., Defendants. (And a Third-Party Action.)

[946 NYS2d 651]

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Rockland County (Garvey, J.), dated March 29, 2011, as granted that branch of the motion of the defendants Kamco Supply Corp. and Samlal Mahabir which was for summary judgment dismissing the complaint insofar as asserted against them and denied her cross motion for leave to amend her bill of particulars and *889for summary judgment on the issue of liability against the defendants Kamco Supply Corp. and Samlal Mahabir.

Ordered that the order is affirmed insofar as appealed from, with costs.

On April 14, 2008, the plaintiff, employed as an Emergency Medical Technician, was a front-seat passenger in an ambulance operated by a coworker. While traveling eastbound on Route 59 in Clarkstown, the ambulance collided with a truck which was owned by the defendant Kamco Supply Corp. and operated by the defendant Samlal Mahabir (hereinafter together the respondents).

The Supreme Court properly granted that branch of the respondents’ motion which was for summary judgment dismissing the complaint insofar as asserted against them. The respondents established, prima facie, that their truck was legally parked in the shoulder of Route 59 in Rockland County, which was not a “state expressway highway” or “state interstate route highway” (Vehicle and Traffic Law § 1202 [a] [1] [j]; *see*Highway Law §§ 340-a, 340-c), when it was struck by the ambulance. In opposition, the plaintiff failed to raise a triable issue of fact. The court providently exercised its discretion in declining to consider the affidavit of the plaintiffs expert, since the plaintiff failed to identify the expert in pretrial disclosure, and served the affidavit, which was elicited solely to oppose the motion for summary judgment, after filing a note of issue and certificate of readiness attesting to the completion of discovery *(see Gerry v Commack Union Free School Dist., 52*AD3d 467 [2008]; *Soldano v Bayport-Blue Point Union Free School Dist.,*29 AD3d 891 [2006]).

The Supreme Court also properly denied that branch of the plaintiffs cross motion which was for summary judgment on the issue of liability insofar as asserted against the respondents, as the plaintiff failed to meet her prima facie burden of demonstrating her entitlement to judgment as a matter of law *(see Alvarez v Prospect Hosp.,*68 NY2d 320 [1986]).

The Supreme Court providently exercised its discretion in denying that branch of the plaintiffs cross motion which was for leave to amend her bill of particulars. The plaintiff failed to set forth any excuse for her delay in seeking to amend her bill of particulars, which was for more than two years after the note of issue was filed *(see Al-Khilewi v Turman, 82*AD3d 1021 [2011]; *Sampson v Contillo,*55 AD3d 591 [2008]). Dillon, J.P., Leventhal, Hall and Austin, JJ., concur.
II

Calendar No. 381

105TH CONGRESS

2D SESSION S. 1892

To provide that a person closely related to a judge of a court exercising

judicial power under article III of the United States Constitution (other

than the Supreme Court) may not be appointed as a judge of the

same court, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 31, 1998

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

the Committee on the Judiciary

MAY 21, 1998

Reported by Mr. HATCH, without amendment

A BILL

To provide that a person closely related to a judge of a

court exercising judicial power under article III of the

United States Constitution (other than the Supreme

Court) may not be appointed as a judge of the same

court, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1892 RS

1 SECTION 1. LIMITATION ON CLOSELY RELATED PERSONS

2 SERVING AS FEDERAL JUDGES ON THE SAME

3 COURT.

4 (a) IN GENERAL.—Section 458 of title 28, United

5 States Code, is amended—

6 (1) by inserting ‘‘(a)(1)’’ before ‘‘No person’’;

7 and

8 (2) by adding at the end the following:

9 ‘‘(2) With respect to the appointment of a judge of

10 a court exercising judicial power under article III of the

11 United States Constitution (other than the Supreme

12 Court), subsection (b) shall apply in lieu of this sub13 section.

14 ‘‘(b)(1) In this subsection, the term—

15 ‘‘(A) ‘same court’ means—

16 ‘‘(i) in the case of a district court, the

17 court of a single judicial district; and

18 ‘‘(ii) in the case of a court of appeals, the

19 court of appeals of a single circuit; and

20 ‘‘(B) ‘member’—

21 ‘‘(i) means an active judge or a judge re22 tired in senior status under section 371(b); and

23 ‘‘(ii) shall not include a retired judge, ex24 cept as described under clause (i).

25 ‘‘(2) No person may be appointed to the position of

26 judge of a court exercising judicial power under article III
3

S 1892 RS

1 of the United States Constitution (other than the Supreme

2 Court) who is related by affinity or consanguinity within

3 the degree of first cousin to any judge who is a member

4 of the same court.’’.

5 (b) EFFECTIVE DATE.—This Act shall take effect on

6 the date of enactment of this Act and shall apply only

7 to any individual whose nomination is submitted to the

8 Senate on or after such date.
Calendar No. 381

105TH CONGRESS

2D SESSION S. 1892

A BILL

To provide that a person closely related to a judge

judge of the same court, and for other purposes.the Supreme Court) may not be appointed as aIII of the United States Constitution (other thanof a court exercising judicial power under article

MAY 21, 1998

Reported without amendment
II

105TH CONGRESS

2D SESSION S. 1945

To suspend temporarily the duty on certain chemicals used in the formulation

of anti-cancer drugs.

IN THE SENATE OF THE UNITED STATES

APRIL 3, 1998

Mrs. FEINSTEIN (for herself and Mrs. BOXER) introduced the following bill;

which was read twice and referred to the Committee on Finance

A BILL

To suspend temporarily the duty on certain chemicals used

in the formulation of anti-cancer drugs.

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

3 SECTION 1. TEMPORARY SUSPENSION OF DUTY.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new heading:
2

•S 1945 IS

‘‘ 9902.32.26 2-amino-6-methyl5-(4-pyridinylthio)-4(1H)-

Quinazolinone,

dihydrochloride

(CAS No.

152946–68–4)

(provided for in

subheading

2933.59.70) ......... Free No change No change On or before

12/31/1999 ’’.

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

2 this section applies with respect to goods entered, or with3 drawn from warehouse for consumption, on or after the

4 15th day after the date of enactment of this Act.

Æ
#### The People of the State of New York, Respondent, v Daquan Mathis, Appellant.

[941 NYS2d 146]

Judgment, Supreme Court, New York County (Robert H. Straus, J.H.O., and Richard Carruthers, J, at hearing; Analisa Torres, J., at jury trial and sentencing), rendered May 4, 2010, as amended June 24 and July 21, 2010, convicting defendant of robbery in the first and second degrees and attempted robbery in the first and second degrees, and sentencing him to an aggregate term of 10 years, unanimously affirmed.

The court properly denied defendant’s motion to suppress identification testimony. Under the unusual circumstances of the case, the display of a single photograph was not unduly suggestive. This procedure took advantage of an unexpected opportunity to obtain an identification while the attempted robbery victim’s memory of the crime was still fresh. The police had only a cell phone photo of a person they suspected to be the then-unnamed and unapprehended perpetrator, and insufficient information to obtain a police photo. Accordingly, it would have been impracticable to construct a fair photo array. These factors created a unique exigency justifying this procedure.

In any event, the passage of time between the single-photo identification and the victim’s identification of defendant at a lineup was sufficient to attenuate any possible taint *(see People v Leibert,*71 AD3d 513, 514 [2010], *lv denied*15 NY3d 752 [2010]). Finally, there was overwhelming evidence of defendant’s guilt, even without identification testimony. Concur— Friedman, J.P., DeGrasse, Freedman and Abdus-Salaam, JJ.
Continuing Abatement Order filed April 11, 2019 

In The

Fourteenth Court of Appeals

____________

NO. 14-18-00950-CV

____________

IN RE SOMAIAH KHOLAIF

On Appeal from the Probate Court No. 3

Harris County, Texas

Trial Court Cause No. 449677

CONTINUING ABATEMENT ORDER

The court abated this mandamus proceeding on January 15, 2019 to allow 

the respondent’s successor, the Honorable Jason Cox, to reconsider the decision 

regarding relator’s request for relief. See Tex. R. App. P. 7.2(b). The relator has 

informed this court that Judge Cox has recused himself from this case and the case 

has been transferred to the Honorable Michael B. Newman. 

This case is further abated until May 2, 2019, by which time Judge Newman 

shall advise this court of the action taken on relator’s request. This court will then 

consider a motion to reinstate or dismiss this proceeding as appropriate.

It is so ORDERED. 

PER CURIAM
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 February 5, 2014

h0129

Order 

Clerk

February 5, 2014

147657

MICHAEL PARTRICH and DEBRA

PARTRICH BLACK,

Plaintiffs,

v SC: 147657

AGC: 0379-12 and 0380-12

ATTORNEY GRIEVANCE COMMISSION,

Defendant. 

_____________________________________/

On order of the Court, the complaint for superintending control is considered. 

Pursuant to MCR 9.225, we DIRECT the Attorney Grievance Commission to provide a 

supplemental response in support of its decision to close AGC File No. 0379-12, in light 

of the deposition testimony attached to the request for investigation in this case, in which 

the deponents disclaimed any knowledge of facts that supported their settlement demand 

and probate court actions against the plaintiffs’ father. The complaint for superintending 

control remains pending.
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[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Notices]
[Pages 48229-48230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18501]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning

[[Page 48230]]

individuals associated with the grant applications, the disclosure of 
which would constitute a clearly unwarranted invasion of personal 
privacy.

    Name of Committee: National Institute of Allergy and Infectious 
Diseases Special Emphasis Panel; NIAID Clinical Trial Implementation 
Cooperative Agreement (U01 Clinical Trial Required); Investigator 
Initiated Extended Clinical Trial (R01 Clinical Trial Required).
    Date: September 27, 2021.
    Time: 11:45 a.m. to 3:45 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute of Allergy and Infectious Diseases, 
National Institutes of Health, 5601 Fishers Lane, Room 3G56, 
Rockville, MD 20892 (Virtual Meeting).
    Contact Person: Poonam Tewary, Ph.D., Scientific Review Officer, 
Scientific Review Program, Division of Extramural Activities, 
National Institute of Allergy and Infectious Diseases, National 
Institutes of Health, 5601 Fishers Lane, Room 3G56, Rockville, MD 
20852, (301) 761-7219, <a href="/cdn-cgi/l/email-protection#82f6e7f5e3f0fbf2c2efe3ebeeacecebeaace5edf4"><span class="__cf_email__" data-cfemail="6713021006151e17270a060e0b49090e0f49000811">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: August 23, 2021.
Tyeshia Roberson-Curtis,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2021-18501 Filed 8-26-21; 8:45 am]
BILLING CODE 4140-01-P


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[No. 10463.

Department Two.

January 3, 1913.]

#### Clara May Stedman, *Respondent,*v. J. B. Keener *et al., Appellants.*
      *1*

Appeal — Record—Statement of Pacts. In the absence of the evidence, brought up either by a bill of exceptions or statement of facts, it will be presumed that the verdict was properly returned.

Appeal from a judgment of the superior court for Pierce county, Clifford, J., entered November 22, 1911, upon the verdict of a jury rendered in favor of the plaintiff, in an action on contract.

Affirmed.

*M. Mulligan*and *W. McB. Perrin,*for appellants.

Reported in 128 Pac. 1047.

Per Curiam.

This action was brought by the plaintiff against defendants for the purpose of recovering money alleged to have been wrongfully invested by the defendant J. B. Keener. Demurrer to the complaint was made and overruled. Thereupon the defendants answered separately. The cause came on for trial before the court and a jury. The verdict was for the plaintiff. Motion for a new trial being made and overruled, judgment was entered upon the verdict, from which judgment this appeal was taken.

No transcript of the evidence introduced upon the trial has been brought to this court by either bill of exceptions or statement of facts, in the absence of which we will presume that the verdict was properly returned and the judgment rightfully entered.

The judgment will therefore be affirmed.