alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Mark Taylor, Appellant.

[943 NYS2d 613] —

Appeal by the defendant from a judgment of the County Court, Orange County (Freehill, J.), rendered February 3, 2011, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with *Anders v California*(386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the appellant.

Ordered that David Gandin’s motion for leave to withdraw as counsel is granted, and he is directed to turn over all papers in his possession to new counsel assigned herein; and it is further,

Ordered that Gary Eisenberg, Esq., 10 Esquire Road, Suite 10, New City, N.Y., 10956, is assigned as counsel to perfect the appeal; and it is further,

Ordered that the People are directed to furnish a copy of the certified transcript of the proceedings to the new assigned counsel; and it is further,

Ordered that new counsel shall serve and file a brief on behalf of the appellant within 90 days of the date of this decision and *1042order and the People shall serve and file their brief within 120 days of the date of this decision and order. By prior decision and order on motion of this Court, the defendant was granted leave to prosecute the appeal as a poor person, with the appeal to be heard on the original papers (including the certified transcript of the proceedings) and on the briefs of the parties, who were directed to file nine copies of their respective briefs and to serve one copy on each other.

Upon this Court’s independent review of the record, we conclude that nonfrivolous issues exist, including, but not limited to, whether the defendant was sentenced as provided by law (see *People v Samms,*95 NY2d 52 [2000]). Accordingly, assignment of new counsel is warranted *(see People v Stokes,*95 NY2d 633, 638 [2001]). Angiolillo, J.P., Florio, Leventhal and Lott, JJ., concur.
#### THE PORT OF NEW YORK AUTHORITY, PLAINTIFFRESPONDENT, v. OTTO K. BAUMANN, *ET AL.,*DEFENDANTS, AND ELM LAND CO., INC., DEFENDANT-APPELLANT.

Submitted December 21, 1960

Decided January 23, 1961.

*Mr. Russell E. Watson*for plaintiff-respondent, The Port of New York Authority *(Mr. Robert 8.*Tobin, of counsel).

*Mr. Nelson G. Gross*for defendant-appellant, Elm Land Co., Inc. *(Messrs. Gross and*Gross, attorneys).

Per Curiam.

The issues in this appeal, which was certified on our own motion prior to argument in the Appellate Division, are the same as those presented in *Port of New York Authority v. Heming and Cervieri,*33 *N. J.*144. *172The parties having agreed that the determination in that ease would be controlling, and our opinion affirming the judgment therein having been filed, the judgment herein is accordingly affirmed.

*For*affirmance—Chief Justice Weintbaub, and Justices Jacobs, Ebancis and *Hall—4.*

*For*reversal—Justices Pboctoe and Sohettino—2.
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Case: 1:04-cv-01969 Document #: 23 Filed: 10/22/04 Page 1 of 1 PageID #:58
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UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 08-7668

VERDRE TYRONE TURNER,

Plaintiff - Appellant,

v.

ALLMON, Sargent, individual and official capacity; KIRKLAND, Nurse, individual and official capacity; UPSHAW, Nurse, individual and official capacity; ANDERSON, Nurse, individual and official capacity,

Defendants – Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O’Grady, District Judge. (1:08-cv-00484-LO-TRJ)

Submitted: January 30, 2009 Decided: February 13, 2009

Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Verdre Tyrone Turner, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:

Verdre Tyrone Turner appeals the district court’s

orders denying relief without prejudice on his 42 U.S.C. § 1983

(2000) complaint. We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated

by the district court. Turner v. Allmon , No.

1:08-cv-00484-LO-TRJ (E.D. Va. July 7, 2008; filed Aug. 4, 2008

& entered Aug. 6, 2008). We deny Turner’s motions to appoint

counsel, for oral argument, and for a polygraph test. 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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UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON

CATHERINE ISABELLA MORRIS

Plaintiff,

v. 

PORTLAND PUBLIC SCHOOLS,

Superintendent, DISTRICT SCHOOL

BOARD, HUMAN RESOURCES

ADMINISTRATION

Defendants.

Civil Case No. 3:14-CV-01018-KI

JUDGMENT

Catherine Isabella Morris

PO Box 173

Salem, OR 97308

Pro Se Plaintiff

KING, Judge:

Based on the record,

IT IS ORDERED AND ADJUDGED that this action is dismissed with prejudice.

DATED this 11th day of July, 2014.

 /s/ Garr M. King 

GARR M. KING

United States District Court Judge

Page 1 - JUDGMENT

Case 3:14-cv-01018-KI Document 6 Filed 07/11/14 Page 1 of 1
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UN I TED STATES CO UR T OF A PP EALS F O R T H E T H IR D C IR C U IT 

### N o . 09- 3382 

### JEFFREY BURNS, Appe l l ant
v. SA LE M T UB E, INC ORPO RA TE D; UN I TE D S TE EL , PA PE R AND FO RE ST RY , RU BB ER , MANU FA CT URING , EN ER GY , AL LI ED IND US TRI ALAN D S ERVI CE W ORKERS INTERNATI ONAL UNI ON, AFL- CI O- CLC, LOCAL 3713- 05

A p p ea l from the U n it ed S tat es D istri ct C o u rt f o r th e W e ste rn D istric t o f P e n n sy lv a n ia ( D . C
. C i vi l A ct i on N o. 2- 08- cv- 00289) D istri ct Ju d g e: H o n o rab le T erren ce F . M cV erry OR DE R A M E ND I NG OP I NI ON

Itapp eari ng that the C l erk m ade typo graphical err ors i n n um beri ng the fo otnot es, the n ot pr ecede nti al op i nion fi l ed o n M ay24 , 20 10 i s herebyam end ed as fo l l ow s: O n page 5, del et e the numberappea r i ng befor e the footnot e and numberthe footnot e as 1; O n p a g e 6 , ch a n g e th e f o o tn o te n u m b e r to 2 ; O n p a g e 7 , ch a n g e th e f o o tn o te n u m b e r to 3 ; O n p a g e 8 , ch a n g e th e f o o tn o te n u m b e r to 4 ; O n page 9, change the footnot e numbert o 5; and O n p a g e 1 2 , c h a n g e th e f o o tn o te n u m b e r t o 6
. T hi s amendm entdoes notchange the dat e of f i l i ng, M ay24, 2010.F o r th e C o u rt, / s /M ar ci a M . W al dr on C l e r k D at ed: J une 9, 2010
cc: J ohn P. C or cor an, J r . , E s q. R i char d B
. Sandow , E s q. R obertB . C ot t i ngt on, E s q. M ar i e I . R i ver a- J ohns on, E s q. B ruce A
. Fi ckman, E s q. Sas ha Shapi r o, E s q.
#### In the Matter of Tiana N., a Person Alleged to be a Juvenile Delinquent, Appellant.

[942 NYS2d 350]

*586Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about October 13, 2011, which adjudicated appellant a juvenile delinquent upon her admission that she committed an act that, if committed by an adult, would constitute the crime of attempted assault in the second degree, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised *its*discretion in imposing probation rather than a conditional discharge. This was the least restrictive alternative consistent with appellant’s needs and the needs of the community *(see Matter of Katherine W.,*62 NY2d 947 [1984]). The underlying offense was an unprovoked and violent assault in which appellant, along with others, struck the victim with a metal cane, causing injury. In addition, appellant’s school disciplinary and attendance record was poor. Concur— Gonzalez, EJ., Saxe, Sweeny, Acosta and Renwick, JJ.
ACCEPTED 14-14-00159-CR FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS 8/19/2015 4:27:16 PM CHRISTOPHER PRINE

CLERK
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