alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RALPH WESLEY PUCKETT, DEFENDANT-APPELLANT.

Argued March 6, 1961

Decided May 8, 1961.

*Mr. James Dorment, Jr.,*argued the cause for the defendant-appellant.

*Mr. Melvin P. Antell,*Special Legal Assistant Prosecutor, argued the cause for the plaintiff-respondent *(Mr. Brendan T. Byrne,*County Prosecutor of Essex County, attorney; *Mr. Milton N. Diamond,*of counsel and on the brief).

The opinion was delivered

Pee Oueiam.

The defendant appeals from a judgment of the Appellate Division affirming his conviction of unlawful possession of narcotics in violation of *R. 8.*24:18-4. As to the issues raised before the Appellate Division, we agree with its determination for the reasons expressed in its opinion reported in 67 *N. J. Super.*365 (1960). The additional arguments advanced by the defendant on this appeal were considered and rejected by this court today in *State v. Reed,*34 *N. J.*554 (1961). Accordingly, the judgment of conviction is affirmed.

*For*affirmance—Chief Justice Weintraub, and Justices Jacobs, Erancis, Proctor, Hall and Schettino—6.

*For*reversal—None.
#### Anna Pezhman, Appellant, v Department of Education of the City of New York et al., Appellants.

[944 NYS2d 128]—

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered December 14, 2011, which denied plaintiffs motion to strike defendants’ answer, unanimously affirmed, without costs.

Plaintiff failed to “show[ ] conclusively that [defendants’] failure to disclose was willful, contumacious or due to bad faith” *(Dauria v City of New York,*127 AD2d 459, 460 [1987]). For example, defendants are not in possession of nonparty Shirley Hood’s mentoring logs, nor can defendants control whether Hood, who is no longer employed by defendant Department of Education, contacts them. “The willful failure to comply with a discovery order assumes ‘an ability to comply and a decision not to comply,’ ” and thus “ ‘a showing that it is impossible to make the particular disclosure will bar the imposition of a sanction under CPLR 3126’ ” *(id.).*Similarly, defendants offered a reasonable explanation for not having included the name of nonparty Karen Glazer in their response to one of plaintiffs interrogatories.

Nonparty Louissa Albritton’s destruction of her logs for the 2003-2004 school year does not warrant the striking of defendants’ answer; plaintiff failed to show that, at the time Albritton destroyed her logs (which, it appears, was before plaintiff filed the instant action), defendants knew that the logs were “needed in order to establish plaintiffs cause of action” *(Mohammed v Command Sec. Corp.,*83 AD3d 605 [2011], *lv denied*17 NY3d 708 [2011]).

It is true that defendants disobeyed the court’s February 17, 2011 order by failing to bring any documents to the deposition of defendant Jackquelyn H. Young. However, “[e]xtreme conduct is required before imposition of the ultimate penalty — striking *626the answer” *(Dauria v City of New York,*127 AD2d 459, 460 [1987]). Defendants’ failure to bring another copy of documents they had previously produced does not constitute extreme conduct.

Defendants’ alleged harassment of plaintiff is not a ground for striking their answer; rather, striking an answer is an appropriate remedy where a party refuses to obey a disclosure order or wilfully fails to disclose information which the court finds should have been disclosed (CPLR 3126).

Defendants failed to cross appeal from the motion court’s sub silentio denial of their de facto cross motion to enjoin plaintiff from filing further motions. Therefore, we cannot grant the relief they request *(see Hecht v City of New York,*60 NY2d 57, 60 [1983]). Concur — Tom, J.P., Andrias, DeGrasse and AbdusSalaam, JJ.
#### Philip D. Rupert, Jr., Appellant, v Gates & Adams, P.C., et al., Respondents.

(Appeal No. 1.)

[945 NYS2d 894]

Appeal from an order of the Supreme Court, Monroe County (James P Murphy, J.), entered July 20, 2011. The order, inter alia, granted the motion of defendants for leave to serve an amended answer.

It is hereby ordered that said appeal is unanimously dismissed without costs *(see Ciesinski v Town of Aurora,*202 AD2d 984 [1994]). Present — Smith, J.P., Fahey, Peradotto, Sconiers and Martoche, JJ.
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731 A.2d 1276

#### COMMONWEALTH of Pennsylvania, Respondent, v. David MEADE, Petitioner.

Supreme Court of Pennsylvania.

June 22, 1999.

*ORDER*

PER CURIAM:

AND NOW, this 22nd day of June 1999, the petition for allowance of appeal is GRANTED, the order of the Superior Court is VACATED and the case is REMANDED to the Court of Common Pleas of Delaware County to conduct an evidentiary hearing to determine whether petitioner is entitled to relief for untimely sentencing pursuant to *Commonwealth v. Anders,*555 Pa. 467, 725 A.2d 170 (1999).
II

105TH CONGRESS

2D SESSION S. 1743

To amend title 38, United States Code, to authorize memorialization of

deceased spouses and surviving spouses of veterans and deceased members of the Armed Forces whose remains are not available for interment.

IN THE SENATE OF THE UNITED STATES

MARCH 11, 1998

Mr. SPECTER (by request) introduced the following bill; which was read twice

and referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to authorize memorialization of deceased spouses and surviving spouses of

veterans and deceased members of the Armed Forces

whose remains are not available for interment.

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

3 SECTION 1. AUTHORIZATION TO FURNISH MEMORIAL

4 HEADSTONES AND MARKERS FOR SPOUSES

5 AND SURVIVING SPOUSES OF VETERANS AND

6 DECEASED SERVICE MEMBERS.

7 Section 2306(b) of title 38, United States Code, is

8 amended—
2

S 1743 IS

1 (1) by adding ‘‘(which for purposes of this sub2 section includes a person who died in the active mili3 tary, naval, or air service) or any spouse or surviving

4 spouse (which for purposes of this section includes

5 an unremarried surviving spouse who had a subse6 quent remarriage which was terminated by death or

7 divorce) of a veteran’’ following ‘‘any veteran’’;

8 (2) by striking out ‘‘veteran’s’’ in paragraph (2)

9 and inserting in lieu thereof ‘‘individual’s’’; and

10 (3) by adding at the end thereof ‘‘Where the

11 Secretary has furnished a memorial headstone or

12 marker under this subsection for the purpose of

13 commemorating a veteran, or has furnished a head14 stone or marker for the unmarked grave of a veteran

15 under subsection (a) of this section, the Secretary

16 shall, where feasible, add a memorial inscription to

17 the existing headstone or marker in lieu of furnish18 ing a memorial headstone or marker under this sub19 section for the veteran’s surviving spouse.’’.

20 SEC. 2. AMENDMENTS TO PROVISIONS GOVERNING MEMO21 RIAL AREAS.

22 Section 2403(b) of title 38, United States Code, is

23 amended by striking all after ‘‘appropriate’’ and inserting

24 in lieu thereof ‘‘group memorials shall be erected to honor

25 the memory of groups of individuals referred to in sub-
3

S 1743 IS

1 section (a) of this section, and appropriate memorial

2 headstones and markers shall be erected to honor the

3 memory of individuals referred to in subsection (a) of this

4 section or subsection (b) of section 2306 of this title.’’.

5 SEC. 3. EFFECTIVE DATE.

6 The amendments made by this Act shall be effective

7 with respect to deaths occurring after the date of this en8 actment.

Æ
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<PERIOD-END>                               DEC-31-1999
<CASH>                                             157
<SECURITIES>                                         0
<RECEIVABLES>                                     1418
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<OTHER-EXPENSES>                                     0
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<INTEREST-EXPENSE>                                  17
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</TABLE>
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Nicholas  Rhoades    ORISE participant /ARSUserFiles/57607/NickRhoades.jpg
 Phone: (309) 681-6385Fax: (309) 681-6672Room 1105BUSDA ARS NCAUR1815 N University St.Peoria IL 61604
 Nick Rhoades received his B.S in Molecular Biology and Biochemistry from Illinois State University in 2015. Following a M.S in Biotechnology and a Ph.D. in Genetics from Illinois State University, Nick started a Post-doc fellowship through ORISE at USDA-ARS in 2023, working in the lab of Dr. Guixia Hao. Current research is focused on identifying and characterizing pathogen effector genes as well as developing *Sarocladium zeae* as an RNAi-delivery biocontrol agent against Fusarium Head Blight pathogens.


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_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

May 24, 2006 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver 129952 & (26) Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 129952 COA: 263217 Saginaw CC: 00-018564-FH DAVID STEINER, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the motion fo r immediate consideration is GRANTED. The application for leave to a ppeal the October 14, 2005 order of the Court of Appeals is considered, and it is DENIED, because the defendant has fa iled to meet the burden of establishing entitlement to relief under MC R 6.508(D).

C AVANAGH and K ELLY , JJ., would remand this case to the Court of Appeals as on leave granted for consideration of defendant’s claim of ineffec tive assistance of appellate
counsel.

d0517 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

May 24, 2006

Clerk
#### SHERMAN v. MORROW, ET AL.

(Decided November 11, 1913.)

Appeal from Marshall Chancery Court.

Heard before Hon. W. H. Simpson.

Street & Isbell, for appellant.

John A. Lusk & Son, for appellee.

Mayfield, J.

— Affirmed.
II

Calendar No. 618

105TH CONGRESS

2D SESSION S. 1960

To allow the National Park Service to acquire certain land for addition

to the Wilderness Battlefield, as previously authorized by law, by purchase or exchange as well as by donation.

IN THE SENATE OF THE UNITED STATES

APRIL 21, 1998

Mr. WARNER (for himself, Mr. ROBB, Mr. LOTT, Mr. COCHRAN, Mrs. MURRAY, Mr. TORRICELLI, Mr. ROTH, and Mr. HELMS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

SEPTEMBER 25, 1998

Reported by Mr. MURKOWSKI, with an amendment

[Omit the part struck through and insert the part printed in italic]

A BILL

To allow the National Park Service to acquire certain land

for addition to the Wilderness Battlefield, as previously

authorized by law, by purchase or exchange as well as

by donation.

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

S 1960 IS

1 SECTION 1. ADDITION TO WILDERNESS BATTLEFIELD.

2 Section 2 of Public Law 102–541 (16 U.S.C. 525k

3 425k note; 106 Stat. 3565) is amended—

4 (1) in subsection (a), by striking the colon and

5 all that follows and inserting a period; and

6 (2) in subsection (b), by striking ‘‘pursuant to

7 this section’’ and inserting ‘‘that are designated

8 ‘P04–04’ on the map described in subsection

9 (a)(2)’’.

Calendar No. 618

105TH CONGRESS

2D SESSION S. 1960

A BILL

To allow the National Park Service to acquire cerchase or exchange as well as by donation. field, as previously authorized by law, by pur- tain land for addition to the Wilderness BattleSEPTEMBER 25, 1998

Reported with an amendment
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#### John J. Cuevas, Respondent, v Sharon Chavez, Appellant.

[941 NYS2d 889]

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (McDonald, J.), dated March 23, 2011, which granted the plaintiffs motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The plaintiff established his prima facie entitlement to judgment as a matter of law on the issue of liability by demonstrating that the defendant driver, in violation of Vehicle and Traffic Law § 1112 (a), failed to yield the right-of-way to him, as he was crossing the street within the crosswalk with the pedestrian “WALK” signal in his favor, and that he was free from comparative fault *(see Arazashvilli v Executive Fleet Mgt., Corp.,*90 AD3d 682 [2011]; *Qamar v Kanarek,*82 AD3d 860 [2011]; *Klee v Americas Best Bottling Co., Inc.,*60 AD3d 911 [2009]; *Sulaiman v Thomas,*54 AD3d 751 [2008]; *Voskin v Lemel,*52 AD3d 503 [2008]; *cf. Thoma v Ronai,*82 NY2d 736 [1993]; *Roman v A1 Limousine, Inc.,*76 AD3d 552 [2010]). In opposition, the defendant failed to raise a triable issue of fact *(see Benedikt v Certified Lbr. Corp.,*60 AD3d 798 [2009]; *Sulaiman v Thomas,*54 AD3d 751 [2008]; *Rosenblatt v Venizelos,*49 AD3d 519 [2008]), and failed to demonstrate that further discovery was warranted *(see Arazashvilli v Executive Fleet Mgt., Corp.,*90 AD3d 682 [2011]; *Martinez v Kreychmar,*84 AD3d 1037 [2011]; *Benedikt v Certified Lbr. Corp.,*60 AD3d 798 [2009]; *Lopez v WS Distrib., Inc.,*34 AD3d 759, 760 [2006]).

Accordingly, the Supreme Court properly granted the plaintiffs motion for summary judgment on the issue of liability. Skelos, J.E, Eng, Belen and Cohen, JJ., concur.
Exhibit 32.2

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 on Form 10-Q of OmniComm Systems, Inc. (the Company) for the quarter ended March 31, 2010, as
filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, being, Ronald T. Linares, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 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/ Ronald T. Linares                                                                            
|Ronald T. Linares                                                                                
|Executive Vice President and Chief Financial Officer (principal financial and accounting officer)

May 17, 2010