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

[942 NYS2d 918]

Appeal from a judgment of the Wyoming County Court (Mark H. Dadd, J.), rendered January 19, 2010. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the third degree (three counts).

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by directing that the sentences imposed shall all run concurrently and as modified the judgment is affirmed.

Memorandum: On appeal from a judgment convicting him, upon a jury verdict, of three counts of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]), defendant contends that County Court erred in directing that the sentences imposed on counts two and three shall run concurrently with each other but consecutively to the sentence imposed on count one. We agree. Defendant was convicted of possessing three weapons, i.e., a rifle (count one) and two knives (counts two and three), on a specified date in Village Park in Warsaw with the intent to use those weapons unlawfully against two of his siblings. Because “defendant possessed [the weapons] at the same place and time, with the intent to use them unlawfully against the same victim[s,] . . . the offenses arose from the same act, [and thus] concurrent sentences should have been imposed” *(People v Cleveland,*236 AD2d 802 [1997], *lv denied*89 NY2d 1033 [1997]; *see People v Williams,*144 AD2d 1012, 1012 [1988], *lv denied*73 NY2d 984 [1989]; *see also People v Taylor,*197 AD2d 858, 859 [1993]). We therefore modify the judgment accordingly.

We reject defendant’s contention that the court erred in failing to address the constitutionality of his 1997 conviction of driving while intoxicated, which conviction elevated the crimes *1554with which he was charged from criminal possession of a weapon in the fourth degree to criminal possession of a weapon in the third degree. It is well settled that, where there are procedural vehicles for challenging the constitutionality of prior guilty pleas in the courts in which those guilty pleas were entered, a defendant’s right to due process is not violated in a subsequent case by the lack of a procedural vehicle for challenging a prior conviction resulting from a guilty plea that serves as the basis for an enhanced charge or sentence *(see People v Knack,*72 NY2d 825, 826-827 [1988]). Finally, we reject defendant’s contention that the conviction is not supported by legally sufficient evidence *(see generally People v Bleakley,*69 NY2d 490, 495 [1987]) and, viewing the evidence in light of the elements of the crimes as charged to the jury *(see People v Danielson,*9 NY3d 342, 349 [2007]), we further conclude that the verdict is not against the weight of the evidence *(see generally Bleakley,*69 NY2d at 495). Present — Scudder, PJ., Smith, Fahey and Sconiers, JJ.
#### NOYAC COTTAGE ASS’N v. ATWATER

(Supreme Court, General Term, Second Department.

December 27, 1895.)

Action by the Noyac Cottage Association against one Atwater. ■

No opinion. Motion to resettle order denied, without costs. See ubi supra.
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WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<FISCAL-YEAR-END>                          DEC-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                          12,120
<SECURITIES>                                    23,004
<RECEIVABLES>                                   23,285
<ALLOWANCES>                                     (523)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                63,104
<PP&E>                                           5,665
<DEPRECIATION>                                 (2,543)
<TOTAL-ASSETS>                                  88,827
<CURRENT-LIABILITIES>                           31,497
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            79
<OTHER-SE>                                      57,251
<TOTAL-LIABILITY-AND-EQUITY>                    88,827
<SALES>                                              0
<TOTAL-REVENUES>                                15,142
<CGS>                                            7,538
<TOTAL-COSTS>                                    7,538
<OTHER-EXPENSES>                                 5,413
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  2,796
<INCOME-TAX>                                     1,148
<INCOME-CONTINUING>                              1,648
<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                     1,648
<EPS-BASIC>                                        .22
<EPS-DILUTED>                                      .20
        

</TABLE>
# EUR-Lex - 52006AP0555 - EN

Important legal notice

*|*

# 52006AP0555

**European Parliament legislative resolution on the draft Council Decision amending the Rules of Procedure of the Court of First Instance of the European Communities with regard to languages, in order to include Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure (15715/2006 - C6-0435/2006 - 2006/0814(CNS)) **

*
Official Journal 317 E , 23/12/2006 P. 0369 - 0369 *

20061223

P6_TA(2006)0555

Inclusion of Bulgarian and Romanian among the languages of procedure for the Court of First Instance *

European Parliament legislative resolution on the draft Council Decision amending the Rules of Procedure of the Court of First Instance of the European Communities with regard to languages, in order to include Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure (15715/2006 — C6-0435/2006 — 2006/0814(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Council draft (15715/2006),

- having regard to Article 245(2) of the EC Treaty and Article 160(2) of the EAEC Treaty, pursuant to which the Council consulted Parliament (C6-0435/2006),

- having regard to Rules 51 and 43(1) of its Rules of Procedure,

- having regard to the report of the Committee on Legal Affairs (A6-0462/2006);

1. Approves the draft Council decision;

2. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3. Asks the Council to consult Parliament again if it intends to amend the text submitted for consultation substantially;

4. Instructs its President to forward its position to the Council and the Commission.

--------------------------------------------------
# C_2005142EN.01004301.xml

| 11.6.2005 | EN | Official Journal of the European Union | C 142/43 |
| --- | --- | --- | --- |

11.6.2005

EN

Official Journal of the European Union

C 142/43

---

Notice from the Government of the Italian Republic in accordance with the second paragraph of Article 14 of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons

(2005/C 142/06)

(Text with EEA relevance)

All related information may be obtained from:

| ASSESSORATO INDUSTRIA |
| --- |
| Via U. La Malfa 87/89 — 90146 Palermo |
| Dipartimento Industria |
| Servizio II — Risorse Minerarie ed Energetiche |
| Via U. La Malfa 87/89 — 90146 Palermo |
| Tel. (091) 707 06 46; (091) 707 06 05; fax: (091) 707 06 99 — e-mail: f.marceno@regione.sicilia.it |

ASSESSORATO INDUSTRIA

Via U. La Malfa 87/89 — 90146 Palermo

Dipartimento Industria

Servizio II — Risorse Minerarie ed Energetiche

Via U. La Malfa 87/89 — 90146 Palermo

Tel. (091) 707 06 46; (091) 707 06 05; fax: (091) 707 06 99 — e-mail: f.marceno@regione.sicilia.it

which, with reference to Article 10 of Directive 94/22/EC, is the competent authority for issuing prospection, exploration, production, transport and storage licences for oil and gas in the Region of Sicily.

---
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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 Oak Hill Financial, Inc. (the
"Company") on Form 10-Q for the period ending March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, R. E.
Coffman, Jr., President, Chief Executive Officer & Chief Administrative Officer
of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to
ss. 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/ R. E. Coffman, Jr.

R. E. Coffman, Jr.
President & Chief Executive Officer

May 10, 2005


                                      -22-
#### Arthur Baron, Appellant, v Mary H. Sherwood et al., Respondents.

*528The instant action involves a dispute between plaintiff Arthur Baron and defendant Mary Hollis Sherwood over the right to purchase shares allocated to a cooperative apartment located at 724 East 11th Street in Manhattan. In granting summary judgment in favor of Sherwood, the trial court concluded that since she is the tenant of record and plaintiff merely a sublessee in possession, defendant has the exclusive right to purchase the shares in question. According to the court, the only time that a subtenant may have a greater right to purchase the shares than the tenant of record is where the primary tenancy is illusory or where the underlying agreement between the tenant and the subtenant is construed to be an assignment. However, this court, in an analogous situation, has held that: "Where there are adverse claims to the status of tenant in occupancy, resolution of the issue should turn on a practical analysis of the relationship of the competing parties to the demised property, not necessarily on whose name happens to appear on the lease.” *(McSpadden v Dawson,*117 AD2d 453, 457.) In that regard, an examination of the record herein reveals disputed questions of fact concerning the extent of each party’s relationship to the subject apartment. Since the competing claims herein can only be resolved by means of a trial, it was error for the court to have granted defendant’s motion for summary judgment. Concur— Asch, J. P., Fein, Milonas, Rosenberger and Wallach, JJ.
II

105TH CONGRESS

2D SESSION S. 1924

To restore the standards used for determining whether technical workers

are not employees as in effect before the Tax Reform Act of 1986.

IN THE SENATE OF THE UNITED STATES

APRIL 2, 1998

Mr. MACK (for himself, Mr. KERRY, Mr. D’AMATO, Mrs. FEINSTEIN, Mr.

BOND, Ms. MOSELEY-BRAUN, Mr. COVERDELL, Mrs. BOXER, Mr.

GREGG, Mr. KENNEDY, Mr. THURMOND, Mr. ROBB, Mr. GRAMS, Mr.

BUMPERS, Mr. COATS, Mr. DODD, Mr. INHOFE, Mr. INOUYE, Mr.

SANTORUM, Mr. DURBIN, Ms. SNOWE, Mr. WYDEN, and Mr. HOLLINGS)

introduced the following bill; which was read twice and referred to the

Committee on Finance

A BILL

To restore the standards used for determining whether technical workers are not employees as in effect before the

Tax Reform Act of 1986.

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 ‘‘Technical Workers

5 Fairness Act of 1998’’.
2

•S 1924 IS

1 SEC. 2. RESTORATION OF STANDARDS FOR DETERMINING

2 WHETHER TECHNICAL WORKERS ARE NOT

3 EMPLOYEES.

4 (a) REPEAL OF SECTION 530(d) OF THE REVENUE

5 ACT OF 1978.—Section 530(d) of the Revenue Act of

6 1978 (as added by section 1706 of the Tax Reform Act

7 of 1986) is repealed.

8 (b) EFFECTIVE DATE.—The amendment made by

9 subsection (c) shall apply to periods ending after the date

10 of enactment of this Act.

Æ
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-1532
RONALD THOMAS, Petitioner - Appellant, versus COMMISSIONER OF INTERNAL REVENUE, Respondent - Appellee. Appeal from the United States Tax Court. (Tax Ct. No. 98-3595) Submitted: September 30, 1999 Decided: October 5, 1999 Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion.Joseph L. Gibson, Jr., GIBSON, JONES & ASSOCIATES, L.L.P., Riverdale, Maryland, for Appellant. Loretta C. Argrett, Assistant Attorney General, Richard Farber, Laurie Snyder, Tax Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Ronald Thomas appeals from the tax court’s order dismissing his petition for lack of jurisdiction for failing to file within the ninety-day period required under 26 U.S.C. § 6213(a) (1994). Our review of the record and the tax court’s opinion discloses no reversible error. Accordingly, we affirm on the reasoning of the tax court. See Thomas v. Commissioner , No. 98-3595 (U.S.T.C. Jan. 22, 1999). 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
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT JOAQUIN H. C IR IA, Plaintiff - Appe lla nt, v. B LAC KW ELL, De fe nda

nt - Appe lle e . No. 14-15858 D.C . No. 2:10-c v-01351-TLNDAD M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Ea ste rn Distric t of C a lifornia Troy L. Nunle y , Distric t Judge , Pre siding Subm itte d Se pte m

be r 21, 2015 * * B e fore : REINHAR

DT, LEAVY, a

nd B E R ZON, C irc uit Judge s. C a lifornia sta te prisone r Joa quin H. C i ria a p pe a ls pro se from

the distric t c ourt’ s judgm e nt dismi ssing his 42 U.S.C . § 1983 a c t ion a lle g ing re ta lia tion. W e have jurisdic tion unde r 28 U.S.C . § 1291. W e r e v i e w for an a buse of disc re tion a dism issa l for fa ilure to c om p ly with a c ourt orde r, Pagtalunan v. Galaza , 291 F.3d



# FIL ED OCT 05 2015 M OLLY C. DW Y ER, CLERK U
. S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).639, 640 (9th C ir. 2002), a nd we a ffirm . The distric t c ourt did not a buse its disc re tion by

dism i ssing C iria ’ s a c tion be c a use , de spite a

wa rning tha t his a c tion c ould bedism i sse d a nd m u ltiple e xte nsions of time , C iria

fa ile d to c om

ply with thedistric t c ourt’ s orde r instruc ting him to file an opposition to de fe nda nt’ s m o tion for sum

m a ry judgm e nt. Se e id. at 642-43 (disc ussing thefive fa c t ors for de t e rm i ning whe the r to dismi ss unde r Fe d. R . C iv. P. 41(b)); Fe r

dik v . Bonze le t , 963 F.2d 1258, 1260 (9th C ir. 1992) (a lthough dism

issa l is a ha rsh pe na lty , the distric t c ourt’ s dismissa l should not be disturbe d a bse nt “ a de finite and firm

c onvic tion” tha

t it “ c om m itte d a c le ar e rror of judgm e nt” (c ita

tion a nd inte rna l quota

tion m arks om itte d )). C iria ’ s m o t ion to filea

substitute

re ply brie f, file d on Fe brua

ry 20, 2015, is grante d. The C le rk sha ll filethe re ply brie f re c e ive d on Fe brua

ry 2, 2015. AFFIRM E D.

1 4 - 1 5 8 5 8 2
Exhibit 99.1






                                WRITTEN STATEMENT
                                       OF
               CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER



The undersigned  hereby certify that the Quarterly Report on Form 10-QSB for the
quarter ended June 30, 2004 filed by Technology Flavors & Fragrances,  Inc. with
the Securities and Exchange  Commission  fully complies with the requirements of
Section  13(a)  or  15(d)  of the  Securities  Exchange  Act of  1934  and  that
information  contained in the report fairly presents,  in all material respects,
the financial condition and results of operations of the issuer.




Dated:  July 27, 2004       /s/   Philip Rosner
                            ------------------------------------------
                                  Philip Rosner
                                  Chairman and Chief Executive Officer




Dated:  July 27, 2004       /s/   Joseph A. Gemmo
                            ------------------------------------------------
                                  Joseph A. Gemmo
                                  Vice President and Chief Financial Officer
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER OF

UNION SECURITY INSURANCE COMPANY

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report of Union Security Insurance Company (the Company) on Form 10-K for the period ended December 31,
2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Peter A. Walker, Treasurer and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to
§ 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: March 1, 2007



/S/    PETER A. WALKERPeter A. Walker Treasurer and Chief Financial Officer