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II

105TH CONGRESS

2D SESSION S. 2038

To amend the John F. Kennedy Center Act to authorize appropriations

for the John F. Kennedy Center for the Performing Arts and to further

define the criteria for capital repair and operation and maintenance.

IN THE SENATE OF THE UNITED STATES

MAY 6, 1998

Mr. CHAFEE (by request) (for himself, Mr. BAUCUS, and Mr. WARNER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To amend the John F. Kennedy Center Act to authorize

appropriations for the John F. Kennedy Center for the

Performing Arts and to further define the criteria for

capital repair and operation and maintenance.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘John F. Kennedy Cen5 ter for the Performing Arts Authorization Act’’.
2

•S 2038 IS

1 SEC. 2. CAPITAL REPAIR DUTIES.

2 Section 4(a)(1)(G) of the John F. Kennedy Center

3 Act (20 U.S.C. 76j(a)(1)(G)) is amended to read as fol4 lows:

5 ‘‘(G) with respect to the building and site

6 of the John F. Kennedy Center for the Per7 forming Arts, plan, design, and construct each

8 capital repair, replacement, improvement, reha9 bilitation, alteration, or modification necessary

10 to maintain the functionality of the building

11 and site at current standards of life, safety, se12 curity, and accessibility;’’.

13 SEC. 3. OPERATION AND MAINTENANCE DUTIES.

14 Section 4(a)(1)(H)(ii) of the John F. Kennedy Cen15 ter Act (20 U.S.C. 76j(a)(1)(H)(ii)) is amended to read

16 as follows:

17 ‘‘(ii) with respect to the building and

18 site of the John F. Kennedy Center for the

19 Performing Arts, all necessary mainte20 nance, repair, and alteration of, and all

21 janitorial, security, and other services and

22 equipment necessary for the operations of,

23 the building and site, in a manner consist24 ent with requirements for high quality op25 erations; and’’.
3

•S 2038 IS

1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

2 Subsections (a) and (b) of section 12 of the John F.

3 Kennedy Center Act (20 U.S.C. 76r) are amended to read

4 as follows:

5 ‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.—

6 There are authorized to be appropriated to the Board to

7 carry out section 4(a)(1)(H) $13,000,000 for fiscal year

8 1999, $14,000,000 for each of fiscal years 2000 and 2001,

9 $15,000,000 for each of fiscal years 2002 and 2003,

10 $16,000,000 for each of fiscal years 2004 and 2005,

11 $17,000,000 for each of fiscal years 2006 and 2007, and

12 $18,000,000 for each of fiscal years 2008 and 2009.

13 ‘‘(b) CAPITAL PROJECTS.—There are authorized to

14 be appropriated to the Board to carry out subparagraphs

15 (F) and (G) of section 4(a)(1) $20,000,000 for each of

16 fiscal years 1999, 2000, and 2001, $19,000,000 for fiscal

17 year 2002, $17,000,000 for fiscal year 2003, $16,000,000

18 for fiscal year 2004, $13,000,000 for fiscal year 2005,

19 $13,000,000 for fiscal year 2006, $12,000,000 for fiscal

20 year 2007, $11,000,000 for fiscal year 2008, and

21 $10,000,000 for fiscal year 2009.’’.

Æ
UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON

ISHA M. SALIM,

Plaintiff,

v. 

CAROLYN W. COLVIN, Acting

Commissioner of Social Security,

Defendant.

Case No. 3:15-cv-01407-KI

JUDGMENT

James S. Coon

Swanson, Thomas, Coon & Newton

The Thomas Mann Building

820 SW 2nd Ave., Ste. 200

Portland, OR 97204

Attorney for Plaintiff

Billy J. Williams

United States Attorney

District of Oregon

Janice E. Hebert

Assistant United States Attorney

Page 1 - JUDGMENT

Case 3:15-cv-01407-KI Document 22 Filed 07/05/16 Page 1 of 2
1000 SW Third Ave., Ste. 600

Portland, OR 97204-2902

Jordan D. Goddard

Special Assistant United States Attorney

Office of the General Counsel

Social Security Administration

701 Fifth Ave., Ste. 2900 M/S 221A

Seattle, WA 98104-7075

Attorneys for Defendant

KING, Judge:

Based on the record, IT IS ORDERED AND ADJUDGED that the decision of the

Commissioner is affirmed and this case is dismissed.

IT IS SO ORDERED.

DATED this 5th day of July, 2016. 

 /s/ Garr M. King 

Garr M. King

United States District Judge

Page 2 - JUDGMENT

Case 3:15-cv-01407-KI Document 22 Filed 07/05/16 Page 2 of 2
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EXHIBIT 99.1

  STATEMENT REQUIRED BY 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 on Form 10-K of Daine Industries, Inc.
(the "Company") for the year ended June 30, 2002, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Arthur Seidenfeld, Chief Executive and Chief Financial
Officer of the Company, certify that:

  *  the Report fully complies with the requirements of Section 13(a) or
     15(d) of the Securities Exchange Act of 1934; and

  *  information contained in the Report fairly presents, in all material
     respects, the financial condition and results of operations of the
     Company.

/s/ Arthur Seidenfeld
---------------------
Arthur Seidenfeld,
Director, President, Chief Executive and Chief Financial Officer

October 18, 2002

This certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by
the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
#### Kevin Glassman, Respondent, v ProHealth Ambulatory Surgery Center, Inc., et al., Appellants.

[946 NYS2d 609]

In an action, inter alia, to recover damages for breach of an employment agreement, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Warshawsky, J.), entered September 24, 2010, as granted that branch of their motion which was to discharge or cancel an appeal bond filed by them on January 22, 2009, denied that branch of their motion which was to discharge or cancel an appeal bond filed by them on May 23, 2007, and determined that the plaintiff is entitled to enforce an interlocutory judgment of the same court entered January 16, 2009, on consent of the parties, that awarded the plaintiff an attorney’s fee.

Ordered that the appeal is dismissed, with costs.

The defendants are not aggrieved by so much of the order appealed from as granted that branch of their motion which was to discharge or cancel an appeal bond filed by them on January 22, 2009 *(see*CPLR 5511; *Mixon v TBV, Inc.,*76 AD3d 144 [2010]). Moreover, the appeal from so much of the order as denied that branch of the defendants’ motion which was to discharge or cancel an appeal bond filed by them on May 23, 2007, has been rendered academic, since the initial judgment that the bond was meant to secure has been superseded by an amended judgment entered August 10, 2011. Further, findings of fact and conclusions of law which do not grant or deny relief are not independently appealable *(see Matter of Flamenbaum,*95 AD3d 1318, 1320 [2d Dept 2012]; *Ramirez v City of New York,*90 AD3d 1009, 1009 [2011]; *Verderber v Commander Enters. Centereach, LLC,*85 AD3d 770, 771 [2011]). Thus, no appeal lies from so much of the order as determined that the plaintiff is entitled to enforce an interlocutory judgment, entered on the consent of the parties, that awarded him an attorney’s fee. The mere fact that the order appealed from contains language which *802the defendants deem adverse to their interests does not render them aggrieved by that order *(see Pennsylvania Gen. Ins. Co. v Austin Powder Co.,*68 NY2d 465, 472-473 [1986]; *Mixon v TBV, Inc.,*76 AD3d at 148-149). In any event, the award of the attorney’s fee pursuant to the interlocutory judgment was incorporated into the amended judgment entered August 10, 2011, which we are affirming in a companion appeal *(see Glassman v ProHealth Ambulatory Surgery Ctr., Inc.,*96 AD3d 799 [2012] [decided herewith]).

Accordingly, the appeal from the order must be dismissed. Rivera, J.P., Balkin, Belen and Chambers, JJ., concur. [Prior Case History: 2010 NY Slip Op 32679(U).]
<PAGE>

                            SUBSIDIARIES OF REGISTRANT


<TABLE>
<CAPTION>

       NAME                 ENTITY TYPE            STATE             OWNERSHIP

<S>                         <C>                   <C>                <C>
 Prodigy Transition         Corporation           Delaware             100%
    Corporation
Prodigy Communications        Limited             Delaware              57%
 Limited Partnership        Partnership

</TABLE>



             SUBSIDIARIES OF PRODIGY COMMUNICATIONS LIMITED PARTNERSHIP


<TABLE>
<CAPTION>

       NAME                 ENTITY TYPE            STATE             OWNERSHIP

<S>                         <C>                   <C>                <C>
ProdigyBiz Corporation      Corporation           Delaware             100%
Flashnet Marketing, Inc.    Corporation           Texas                100%

</TABLE>
---

Exhibit 32.2

CERTIFICATIONS PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

In connection with the Annual Report of mPhase Technologies, Inc., a New Jersey corporation (the "Company"), on Form 10-K/A for the fiscal year ended June 30, 2010 as filed with the Securities and Exchange Commission (the "Report"), I, Martin Smiley, EVP, Chief Financial Officer and General Counsel of the Company certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that to his 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.

/s/ Martin SmileyMartin Smiley
EVP, CFO and General Counsel

September 27, 2011

---
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Suzette M Clothier
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SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1283 

KA 12-00369 

PRESENT: SCUDDER, P.J., CENTRA, VALENTINO, WHALEN, AND MARTOCHE, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

JURIMAUL K. EDWARDS, DEFENDANT-APPELLANT. 

 

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (VINCENT F. GUGINO OF

COUNSEL), FOR DEFENDANT-APPELLANT. 

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (RYAN D. HAGGERTY OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Erie County Court (Michael L.

D’Amico, J.), rendered February 9, 2012. The judgment convicted

defendant, upon his plea of guilty, of criminal possession of a

controlled substance in the third degree and unlawful possession of

marihuana. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed and the matter is remitted to Erie County Court

for proceedings pursuant to CPL 460.50 (5).

Memorandum: On appeal from a judgment convicting him, following

his plea of guilty, of criminal possession of a controlled substance

in the third degree (Penal Law § 220.16 [12]) and unlawful possession

of marihuana (§ 221.05), defendant contends that County Court erred in

refusing to suppress evidence seized as the result of an unlawful

search and seizure. We reject that contention. Defendant was stopped

at a traffic checkpoint in the City of Buffalo where, according to the

testimony of the officer in charge of the checkpoint, the police were

checking for registration, inspection, seat belt and other traffic

related infractions. Every vehicle that went through the checkpoint

was stopped. When defendant’s vehicle was stopped, a police officer

smelled marihuana in the vehicle and, after defendant was asked to

leave the vehicle, the officer observed marihuana in plain view in the

vehicle.

We reject defendant’s contention that the “main purpose” of the

checkpoint was general crime control. Rather, the evidence at the

suppression hearing established that the checkpoint was established as

a “safety” checkpoint (People v Dugan, 57 AD3d 300, 300, lv denied 11

NY3d 924). We further conclude that the checkpoint was effective in

advancing that interest (see People v Scott, 63 NY2d 518, 528-529). 

Finally, we conclude that the degree of intrusion on liberty and
-2- 1283 

KA 12-00369 

privacy interests was minimal (see id. at 526-527; Dugan, 57 AD3d at

300). Unlike in People v Trotter (28 AD3d 165, lv denied 6 NY3d 839),

where the checkpoint was conducted as part of a longer campaign to

address general crime concerns, there is no evidence here to suggest

that the checkpoint was part of a broader program of general crime

control, or that it was “no more than a ‘key pragmatic tool’ ” in a

larger campaign to control crime (id. at 170).

Entered: December 21, 2012 Frances E. Cafarell

Clerk of the Court