alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Douglas E. Lee, Appellant, v State of New York, Respondent.

(Claim No. 70534.)

— Casey, J.

Claimant’s pleadings indicate that his cause of action for false imprisonment accrued between May 9, 1984 and June 30, 1984. Claimant’s notice of intention was filed on October 25, 1984. The claim was properly dismissed by the Court of Claims for claimant’s failure to file it within 90 days of accrual as required by Court of Claims Act §§ 10 and 11 *(see,*
      *313
      *Matter of Welch v State of New York,*71 AD2d 494, *lv denied*50 NY2d 802).

As to claimant’s motion seeking permission to file a late claim, claimant, *pro se,*has failed to address the several factors set forth in Court of Claims Act § 10 (6). The Court of Claims, therefore, properly exercised its discretion in denying claimant’s motion for permission to file a late claim.

On his motion for reargument, claimant contended that the Court of Claims had overlooked his prior June 4, 1984 timely notice of intention relating to his claim. The court denied reargument for the failure of the June 4, 1984 notice to allege facts sufficient to set forth a cause of action for false imprisonment which was the basis of the claim and, therefore, held that the filing of the June 4, 1984 notice of intention did not save the claim filed October 25 that the court dismissed as untimely. Assuming, arguendo, that claimant’s motion was in the nature of renewal and thus appealable, we agree with the decision of the Court of Claims in denying the motion.

Orders affirmed, without costs. Main, J. P., Casey, Weiss, Levine and Harvey, JJ., concur.
#### The People of the State of New York, Respondent, v Leonard Greene, Appellant.

— Appeal by the defendant from two judgments of the County Court, Suffolk County (Cacciabaudo, J.), both rendered June 6, 1984, convicting him of assault in the second degree under indictment No. 137/84, upon a jury verdict, and imposing sentence, and assault in the first degree under indictment No. 38/84, upon his plea of guilty, and imposing sentence.

Ordered that the judgments are affirmed.

The showup identification procedure employed by the police, which took place less than an hour after the crimes occurred and within a short distance of the scene of the crimes, was reliable and did not expose the defendant to a substantial risk of irreparable misidentification *(see, People v Love,*57 NY2d 1023). Furthermore, contrary to the defendant’s assertion, the evidence of physical injury *(see,*Penal Law § 10.00 [9]) sustained by the complainant was sufficient as a matter of law to support the conviction of assault in the second degree under indictment No. 137/84 *(see,*Penal Law § 120.05 [2]). Finally, the trial court properly denied the defendant’s motion challenging the composition of the jury panel *(see,*CPL 270.10) on *698the ground that black youths from ages 18 to 21 were unlawfully and systematically excluded from the panel, since the motion failed to make a prima facie showing that said group represented a large and identifiable segment of the Suffolk County community *(cf. People v Waters,*123 Misc 2d 1057).

We have examined the remainder of the defendant’s contentions on appeal and find them to be without merit. Thompson, J. P., Brown, Eiber and Kunzeman, JJ., concur.
<PAGE> 1
<TABLE>
<CAPTION>

                                   EXHIBIT 11.0
                        COMPUTATION OF PER SHARE EARNINGS

                                                                     SIX MONTHS ENDED
                                                                          JUNE 30,
                                                          -------------------------------------
                                                                 1999              1998
                                                          (IN THOUSANDS, EXCEPT PER SHARE DATA)
<S>                                                            <C>              <C>
Net income............................................         $     21         $    118

Average shares outstanding............................              347              398
                                                               --------         --------
Per share amount......................................         $   0.06         $   0.30
                                                               ========         ========

Net income............................................         $     21         $    118

Average shares outstanding............................              347              398
                                                               --------         --------
Net effect of dilutive stock options based on the
  treasury stock method using the average market
  price or quarter end price, whichever is greater....               13               --
                                                               --------         --------
           Total shares outstanding...................              360              398
                                                               --------         --------
Per share amount......................................          $  0.06          $  0.30
                                                               ========         ========
</TABLE>


                                       20
[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Page 47522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18230]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. DEA-860]


Bulk Manufacturer of Controlled Substances Application: Absolute 
Standards, Inc.

AGENCY: Drug Enforcement Administration, Justice.

ACTION: Notice of application.

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

SUMMARY: Absolute Standards, Inc., has applied to be registered as a 
bulk manufacturer of basic class(es) of controlled substance(s). Refer 
to Supplementary Information listed below for further drug information.

DATES: Registered bulk manufacturers of the affected basic class(es), 
and applicants therefore, may file written comments on or objections to 
the issuance of the proposed registration on or before October 25, 
2021. Such persons may also file a written request for a hearing on the 
application on or before October 25, 2021.

ADDRESSES: Written comments should be sent to: Drug Enforcement 
Administration, Attention: DEA Federal Register Representative/DPW, 
8701 Morrissette Drive, Springfield, Virginia 22152.

SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 1301.33(a), this 
is notice that on May 31, 2021, Absolute Standards, Inc., 44 Rossotto 
Drive, Hamden, Connecticut 06514-1335, applied to be registered as a 
bulk manufacturer of the following basic class(es) of controlled 
substance:

------------------------------------------------------------------------
                                           Drug
          Controlled substance             code          Schedule
------------------------------------------------------------------------
Pentobarbital...........................    2270  II
------------------------------------------------------------------------

    The company plans to bulk manufacture the listed controlled 
substances for internal use and for sale to its customers. No other 
activities for these drug codes are authorized for this registration.

Brian S. Besser,
Acting Assistant Administrator.
[FR Doc. 2021-18230 Filed 8-24-21; 8:45 am]
BILLING CODE P
#### McNAIR, Respondent, v. SALIT et al., Appellants.

(Supreme Court, Appellate Division, Second Department.

October 4, 1907.)

Action by Mary H. McNair against Michael J. Salit and another.

No opinion. Order, in so far as appealed from, affirmed, with $10 costs and disbursements.
##### 



CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002


(18 U.S.C. SECTION 1350)


In connection with the Annual Report of CHS Inc.
(the Company) on Form 10-K for the fiscal year
ended August 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the
Report), I, John Schmitz, Executive Vice
President and 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 result of operations of the Company.



| |                                                         
| | --------------------------------------------------------
| | /s/ JOHN SCHMITZ                                        
| |                                                         
| | John Schmitz                                            
| | Executive Vice President and Chief Financial
    Officer

November 18, 2004
EXHIBIT 31.1

ITRONICS INC.

CERTIFICATION PURSUANT TO

SECTION 302 OF THE

SARBANES-OXLEY ACT OF 2002

 

CERTIFICATION

I, John W. Whitney, certify that:

1. I have reviewed this annual report on Form 10-KSB/A of Itronics Inc.;

2. Based on my knowledge, this annual report does not contain anyuntrue statement of a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this annual report;

3. Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4. The Registrant’s other certifying officers and I areresponsible for establishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-14 and 15d-14) for the Registrant and have:

     a)designed such disclosure controls andprocedures to ensure that material information    relating to theRegistrant, including its consolidated subsidiaries, is made known to us       by others within those entities, particularly duringthe period in which this annual       report is beingprepared;

    b) evaluated the effectiveness of the Registrant’s disclosurecontrols and                procedures as of a date within 90 days prior to the filing date of this annual report(the "Evaluation Date"); and 

    c) presented in this annual report our conclusionsabout the                    effectiveness of the disclosure controls and procedures based on our evaluation as ofthe Evaluation Date:

5. The Registrant’s other certifying officers and I havedisclosed, based on our most recent evaluation of internal control over financialreporting, to the Registrant’s auditors and the audit committee of theRegistrant’s board of directors (or persons performing the equivalent functions):

81

----

> 
a) All significant deficiencies and material weaknesses in the design      or operation of internal controls over financial reporting which are reasonably likely to      adversely affect the small business issuer’s ability to record, process, summarize      and report financial information; and 

b) Any fraud, whether or not material, that involves management or      other employees who have a significant role in the small business issuer’s internal      control over financial reporting.

 

 

Date: October 12, 2006                    /S/ JOHN W. WHITNEY
                                           John W. Whitney

                                           President

82
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

CHARLES RAY SHORB, 

Petitioner, 

v. 

MARK NOOTH, Superintendent, 

Snake River Correctional 

Institution, 

Respondent. 

BROWN, Judge. 

Magistrate Judge Stac 

2:14-CV-02005-SB 

ORDER 

F. Beckerman issued Findings and 

Recommendation (#40) on December 30, 2016, in which she 

recommends the Court deny Petitioner Charles Ray Shorb's Petition 

(#1) for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, 

enter a judgment dismissing the matter with judice, and grant 

a certificate appealability. Petitioner filed timely 

1 - ORDER 

Case 2:14-cv-02005-SB Document 44 Filed 02/02/17 Page 1 of 3
Objections to the Findings and Recommendation. The matter is now 

before this Court pursuant to 28 U.S.C. § 636(b) (1) and Federal 

Rule of Civil Procedure 72(b). 

When any party objects to any portion of the Magistrate 

Judge's Findings and Recommendation, the district court must make 

a de nova determination of that portion of the Magistrate Judge's 

report. 28 U.S.C. § 636(b) (1). See also Dawson v. Marshall, 561 

F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 

F.3d 1114, 1121 (9th Cir. 2003) (en bane). 

In his Objections Pet ioner reiterates the arguments 

contained in his Petition and Brief in Support of Petition. This 

Court has carefully considered Petitioner's Objections and 

concludes they do not provide a basis to modify the Findings and 

Recommendation. The Court also has reviewed the pertinent 

portions of the record nova and does not find any error in 

Magistrate Judge's Findings and Recommendation 

CONCLUSION 

The Court ADOPTS Magistrate Judge Beckerman's Findings and 

Recommendation (#40) and, therefore, DENIES the Petition (#1) for 

Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, DISMISSES 

this matter with prejudice, and GRANTS a certificate of 

2 - ORDER 

Case 2:14-cv-02005-SB Document 44 Filed 02/02/17 Page 2 of 3
appealability. 

IT IS SO ORDERED. 

DATED this 2r.ct day of February, 2017. 

3 ORDER 

ANNA J. BROWN 

United States Dist Judge 

Case 2:14-cv-02005-SB Document 44 Filed 02/02/17 Page 3 of 3
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TRANSITION TREATMENTheadline bar Please choose the type of training to be performed on Transition soil types. Transition-type sites have soils that consist of an area of gypsum intergrading with silty, silica-based material. These sites have normally experienced little in the way of previous anthropogenic disturbance. Transition-type sites offer some resistance and resilience to training, but caution should be used with more disruptive training types.


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#### EATON, Appellant, v. PHILO, Respondent.

(Supreme Court, General Term, Third Department.

December 3, 1895.)

Action by Walter J. Eaton against Edgar W. Philo.

No opinion. Judgment affirmed, with costs.
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