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

[945 NYS2d 817]

Mercure, J.

Appeal, by permission, from an order of the County Court of Albany County (Herrick, J.), entered September 10, 2010, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of promoting prostitution in the third degree, without a hearing.

Defendant pleaded guilty to an indictment charging him with promoting prostitution in the third degree and waived his right to appeal upon the understanding that County Court would sentence him to time served and five years of probation if he did not violate the plea agreement. That agreement required defendant to avoid new criminal charges and to cooperate with the Probation Department. Thereafter, defendant was less than forthcoming during the presentence investigation and also was charged with aggravated unlicensed operation of a vehicle. County Court therefore declined to impose the agreed-upon sentence and set the matter down for a violation hearing. Defendant admitted to violating the plea agreement, and County Court ultimately imposed a sentence of 1 to 3 years in prison. Defendant now appeals from County Court’s denial of his CPL 440.10 motion to vacate the judgment of conviction.

We affirm. Defendant argues that he was deprived of the ef*1165fective assistance of counsel due to his attorney’s failure to seek dismissal of the indictment on speedy trial grounds *(see*CPL 440.10 [1] [h]; *People v Condon,*184 AD2d 879, 880-881 [1992]). An ineffective assistance of counsel claim survives a valid appeal waiver only insofar as it implicates the voluntariness of the guilty plea *(see People v Nicholson,*50 AD3d 1397, 1398-1399 [2008], *lv denied*11 NY3d 834 [2008]; *People v Hall,*16 AD3d *848, 849*[2005], *lv denied 4*NY3d 887 [2005]). Defendant has made no showing that he had a meritorious claim related to his constitutional speedy trial rights, or that the delay was not attributable to counsel’s efforts in negotiating two favorable plea offers for defendant *(cf. People v Garcia,*33 AD3d 1050, 1052-1053 [2006], *lv denied*9 NY3d 844 [2007]). Further, he stated during the plea colloquy and at the time of his subsequent admission to violating the plea agreement that he had discussed potential defenses to the charges with counsel and was satisfied with the representation provided to him. Accordingly, inasmuch as defendant’s contention does not impact the voluntariness of his guilty plea, it does not survive his appeal waiver.

Defendant’s remaining arguments, to the extent they survive his appeal waiver, are unpreserved for our review.

Peters, P.J., Rose, Lahtinen and Egan Jr., JJ., concur. Ordered that the order is affirmed.
<TABLE>
<CAPTION>



                                      EXHIBIT 11.0
                            COMPUTATION OF PER SHARE EARNINGS



                                                                                            THREE MONTHS ENDED
                                                                                                 MARCH 31,
                                                                                 ----------------------------------------
                                                                                       2001                   2000
                                                                                 -----------------      -----------------
                                                                                  (IN THOUSANDS, EXCEPT PER SHARE DATA)
<S>                                                                                 <C>                      <C>
Net income..............................................................            $     37                 $     32
                                                                                    --------                 --------
Average shares outstanding..............................................                 285                      285
                                                                                    --------                 --------
Per share amount........................................................            $   0.13                 $  (0.11)
                                                                                    ========                 =========

Net income..............................................................            $     37                 $     32
                                                                                    --------                 --------
Average shares outstanding..............................................                 285                      285
Net effect of dilutive stock options based on the treasury stock
     method using the average market price or quarter end price,
     whichever is greater...............................................                  --                       12
                                                                                    --------                 --------
         Total shares outstanding.......................................                 285                      297
                                                                                    --------                 --------
Per share amount........................................................            $   0.13                 $   0.11
                                                                                    ========                 ========

</TABLE>
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Rangeland Resources & Systems Research: Fort Collins, CO
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                                    Software
                People

                    Staff Listing
                                    Careers


        


                    Areas of Research
                        CARM
                                    PHACE
                                    Thunder Basin
                                    Modeling
                                    WindSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




- ARS National Programs
- Search for a scientific manuscript
- Search for a research project
- ARS Software
- Programs and Projects
- Collaborations
- Subjects of Investigation
- Publications

Weather Data and Informationheadline bar Weather Data and Information


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Eastern Regional Research Center: Wyndmoor, PA
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                People

                    Staff Listing
                                    Careers


        


                    About ERRC
                        Greetings from the Director
                                    Directions/Lodging
                                    History and Accomplishments
                    Our Work
                        Biomass Pyrolysis Research
                                    IPMP 2013
                                    IPMP Dynamic Prediction
                                    IPMP Global Fit
                                    Pathogen Modeling Program (PMP)
                                    Predictive Microbiology Information Portal (PMIP)
                                    PoultryFARMSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home People & Locations







Victoria  Balestro
                        Office of The Director

                        




                        
                        FIN & BUDG TECHN
                        Phone: (TEA) MS -CALL
                        
                        
                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 USC SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of Medallion Financial Corp. (the Company) for the quarter ending March 31, 2010 as
filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, pursuant to 18 USC Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that,
based on my 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 as of the dates and for the periods expressed in the Report.



|                          |  |                  
|------------------------- |  | -----------------
|By:                       |  | /s/ Larry D. Hall
|Senior Vice President and
|Chief Financial Officer  

Date: May 7,
2010



Page 58 of 58
Exhibit D 

Page 1 of 1

After recording. return to: 

~NV Ccrpomtion 

c/o 1VlGC Mortga9E:, Inc. 

i\tln: Jeremy Cobb 

/ ·19~-) [Jal;as Parkv;;:l'J' 

::' ::i'l:J -.-~-~ "15:;2~1 

.: i· ', :\:, ~-· !~-

~~·tfY.F:·~·~· . .-'~·:;\)T OF· ~:UST!C:L 

f"'C,P""L;'.t·L:; F(_;;-~ 

OREGON FORECLOSURE AVOIDANCE PROGRAM 

BENEFICIARY EXEMPTION AFFIDAVI_:_T_~ 

I' ·:"""""""''"'"-- '" z,~"''"' -~ JUfiSdiCtiOrl~ NAvada 1 

----:----- ------ ___ i 

'If Le:'der/Beneliciary is not a natura! person, provide the state or other jurisdiction in which the Lender/Benef!:::l:_-uy ·s or~ar:ize1l 

T11:s aifida·lil !S submitted for a c:aim of exemplton to tile Office of the Attorney Genera! ct Ore0on under Clre.y;r 

La·Ns 20'1 3, chapter 304. §2(1 )(b). 

7. Tre above named Individual or entity commenced or caused an affiliate or agent oi il1e ,n<Jiv'd"''' <.I cr•\11'1 

lo cumrnence tile following numt>er of actions to foreclose a reside:1tial trust deed by alivorliien,er•t "''" 

sale under ORS 86752 or by suit under ORS 28.J1 0 during the calend'lr vesr ;JrecedillJ ihe catr rJ' ,~;, 

::1ffiJav1t. f'--~ (not w excer.:d 7 7j/. 

;_~ r~~e Jnrlersigned furt;1er C(Y~ifies that sheit1e· /c/:eck on~y ane of !l1t.1 fo!lm,Y'! 1h7 

·~~the if':CiivicL.1a1 c:iairr,n~_; exemnti::n fro11 re0uiremen~s e~tablisr;ec~ ur~de:· '~\: ~(1': ~~ :nr:, d; ~.i::·4 :; 

[ ... 1..1 IS the A~~!QQr:zccJ b.Q.QD_S.i?IYL~~r__ -----·-···--- /inset! titlo/ of tnc nntity ::aiming 

2xemr;t1on from requirements estabiisrted under Or Laws 2013. ch 304, and is 8UIIlcrized by sudr cAty 

to execute this affidavtt on its benalf. 

~:C"15 ---- 1 -·---·-

u 1 . 0n·1 ntJt!mUtmL. Vice _!?__r~i.de.o.LS&wJ!-\ot .. ~ __ QntJ.HJJlo.n.s. .. _~~ ?.E_.:..n.d.gng~. Jr~ _____ ......... _ 

"' -·-- =¢ ··~-----~-·- ·r·-----_ .. -..,. ____ ----

JACQUE LITTLEFIELD 

My commission Expires 

December 8, 20~8 

'Norai?-ri"iltfc10'-._ StCU:.L \.e Vr2 s 

"-My co•nr ss1cn exp'res I::' --\, _ f_L.u};. ____ _ 

Case 3:15-cv-01422-HZ Document 1-4 Filed 07/29/15 Page 1 of 1
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Rangeland Resources & Systems Research: Fort Collins, CO
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                                    Software
                People

                    Staff Listing
                                    Careers


        


                    Areas of Research
                        CARM
                                    PHACE
                                    Thunder Basin
                                    Modeling
                                    WindSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home Plains Area Fort Collins, Colorado Center for Agricultural Resources Research Rangeland Resources & Systems Research Docs RRSR







Crops Research Laboratory Locationheadline bar **Crops Research Laboratory** Crops Research Lab The Crops Research Laboratory (CRL) is located in Fort Collins, CO on the edge of the campus of Colorado State University. The laboratory was built in 1969, and consists of, greenhouses, growth chambers, and laboratories. CRL houses employees from two different ARS research units: rangelands, and sugarbeets.  A major renovation of the building began in 2003.  Phase 1 of the project was completed in 2004 with renovated labs and office facilities.  Phase 2 was completed in 2005 to replace 2 greenhouses and renovate the labs in the head house area.  Phase 3 to replace 2 greenhouses and was completed in 2006.


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
Exhibit 32.1

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 Bay Banks of Virginia, Inc. (the Company) on Form 10-Q for the period ending June 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report),
the undersigned Chief Executive Officer and Principal Financial Officer of the Company hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002 that based on his knowledge and belief: 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 as of and for the periods covered in the Report.



| |  |                                                
| |  | -----------------------------------------------
| |  | /s/ Austin L. Roberts, III                     
| |  | Austin L. Roberts, III, Chief Executive Officer
| | 
| |  | /s/ Deborah M. Evans                           
| |  | Deborah M. Evans, Treasurer                    

August 2, 2006

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 will be retained by Bay Banks of Virginia, Inc., and furnished to the Securities and Exchange Commission and its staff upon request.



23
#### VIOLA DOUGLAS, PLAINTIFF-PETITIONER, v. CHARLES HARRIS, *ET AL.,*DEFENDANTS-RESPONDENTS.

See same case below: 63 *N. J. Super.*313.

*Mr. Howard T. Rosen*and *Mr. Emanuel Needle*for the petitioner.

*Messrs. Mead, Qleeson, Hansen & Pantages*and *Mr. Joseph E. Zaveslcy*for the respondent.

January 16, 1961.

Granted.
(4 App. Div. 509)

#### WARSAW WATERWORKS CO. v. VILLAGE OF WARSAW et al.

(Supreme Court, Appellate Division, Fourth Department.

April, 1896.)

Injunction—When Continued Pendente Lite. An injunction will not be continued pendente lite where all the equities of the complaint are denied in the answer, and plaintiff’s right to the ultimate relief sought is not established. _

Appeal from special term, Erie county.

Action by the Warsaw Waterworks Company against the village of Warsaw and others to enjoin defendants from removing hydrants from mains of plaintiff, a corporation organized under Laws 1869, c. 394, for the purpose of supplying water to defendant village. Defendants claim to be authorized to do the acts complained of by Lav s 1875, c. 181, entitled “An act to authorize villages of the state of New York to furnish pure and wholesome water to the inhabitants thereof.” From an order vacating a temporary injunction, plaintiff appeals. Affirmed.

Argued before HARDIN, P. J., and FOLLETT, ADAMS, WARD, and GREEN, JJ.

Eugene M. Bartlett, for appellant.

I. Sam Johnson and Adelbert Moot, for respondents.

FOLLETT, J.

On the 17th of November, 1895, a temporary injunction was granted by a justice of this court restraining the defendant “from removing any hydrants from plaintiff’s mains, threatening any of its customers with discriminating taxes, or soliciting any of its patrons to disconnect their service pipes from this plaintiff’s mains, or disconnecting any such service pipes, or in any manner interfering with this plaintiff’s exercise or enjoyment of its rights, privileges, and franchises.” Upon a motion made at special *29term in December, 1895, this injunction was vacated, and the plaintiff appeals to this court.

The questions involved in this action cannot be satisfactorily decided until the issues of fact have been tried and determined, and we ought not and will not attempt to define and settle the ultimate rights of the litigants on affidavits, and, without expressing any opinion upon the questions involved, further than to. say that the rights asserted by the plaintiff as the foundation for the relief sought are not so clearly established in the affidavits as to authorize this court to restore and continue the injunction pendente lite. It is conceded that the hydrants which were purchased by the defendants and attached to the plaintiff’s line of water pipes have been removed by the defendants, and, it not being clearly, established that the defendants have threatened or now threaten to do any of the things restrained by the original injunction order, it should not be restored. Besides, all of the equities of the complaint are denied in the answer, and in such a case an injunction pendente lite will not be continued where the plaintiff’s right to the ultimate relief sought is not clearly established.

The order is affirmed, with $10 costs and printing disbursements. All concur, except WARD, J., not voting.
#### Michael O’Brien, Appellant, v Loretta O’Brien, Respondent.

A review of the record before the trial court, as well as its findings with respect to the appropriate statutory guidelines, indicates that the formula arrived at by the trial court whereby it distributed 60% of the value of the marital property, consisting solely of the medical school degree and license acquired by the plaintiff, to the plaintiff and 40% to the defendant did not constitute an abuse of discretion *(see, Hornbeck v Hornbeck,*104 AD2d 791). Furthermore, due to the *576nonliquid character of the marital property, the court did not abuse its discretion in fashioning a distributive award *(see,*Domestic Relations Law § 236 [B] [5] [e]; *Majauskas v Majauskas,*61 NY2d 481; *Nolan v Nolan,*107 AD2d 190).

A determination as to the amount of experts’ fees awarded has been rendered unnecessary by the stipulation of the parties entered into on June 30, 1986, and the judgment has been modified accordingly. Thompson, J. P., Niehoff, Weinstein and Lawrence, JJ., concur.