alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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### IN THE

TENTH COURT OF APPEALS

No. 10

- 21

- 00227

- CR

THE STATE OF TEXAS EX REL. BARRY JOHNSON

Original Proceeding

From the 54th District Court

McLennan County, Texas

Trial Court No. 2021

- 1100

- C2

MEMORANDUM OPINION

The State’s “Application for Writ of Mandamus and Prohibition” is denied. The

State’s “Motion to Adopt Exhibits Attached to Real P arty in Interest’s Response” and its

request for an emergency temporary stay of proceedings in the trial of the underlying

cause are d ismissed as moot

.

MATT JOHNSON

Justice

Before Chief Justice Gray,

Justice Johnson , and

Justice Smith

Petition denied

Opinion delivered and filed September 10, 2021

Do not publish

[OT06]
Technical Work Group Meeting 

F I N A L A G E N D A 

Glen Canyon Dam 

Adaptive Management Program 

Technical Work Group Meeting 

Bureau of Indian Affairs 

2 Arizona Center, 400 N. 5th St., Phoenix AZ 

12th Floor, Conference Rooms A&B 

February 26, 2003 

START 

TIME TOPIC PERSON PURPOSE MATERIALS 

9:30 a.m. Welcome and 

Administrative 

Kurt Dongoske 1. Introductions and 

 Determination of Quorum 

2. Review Action Items from 

 Nov. 7-8, 2002 Meeting 

3. Approval of Nov. 7-8, 2002 

 Meeting Minutes 

4. Review Action Items 

 from Dec. 20, 2002 Conf. Call 

5. Approval of Dec. 20, 2002, 

 Conference Call Minutes 

6. Legislative Updates 

Agenda 

Action Items 

Draft Minutes 

Nov. 7-8, 2002 

Draft Minutes 

Dec. 20, 2002 

9:45 a.m. TWG Operating 

Procedures 

Kurt Dongoske 

Dennis Kubly 

Review and Discussion TWG 

Operating 

Procedures 

10 a.m. HBC AHG Update Sam Spiller Status Update Updates 

10:15 a.m. Target Setting 

Lee Failing 

Josh Korman 

Carl Walters 

Information 

11:45 a.m. L U N C H 

 

1 p.m. Asian tapeworm effects 

on Humpback Chub Rebecca Cole Information 

1:45 p.m. Physical Component of 

the Summer 2000 

LSSF 

Jack Schmidt Information 

GCMRC 

Reports 

2:45 p.m. Update on Integrated 

Coarse-Sediment 

Monitoring & Modeling 

Robert Webb Information GCMRC 

Reports

3:40 p.m. Flow Modeling 

Graphical Interface 

Josh Korman Information GCMRC 

Reports 

4:30 p.m. New Pit Tags Mark Owens 

BioMark, Inc. 

TWG Discussion 

(re: new technology, cost) 

5 p.m. Wrap-up and Adjourn Kurt Dongoske 

 
Technical Work Group Meeting 

F I N A L A G E N D A 

Glen Canyon Dam 

Adaptive Management Program 

Technical Work Group Meeting 

Bureau of Indian Affairs 

2 Arizona Center, 400 N. 5th St., Phoenix AZ 

12th Floor, Conference Rooms A&B 

February 27, 2003 

START 

TIME TOPIC PERSON PURPOSE MATERIALS 

 8 a.m. Welcome and Administrative Kurt Dongoske Introductions 

Determination of Quorum 

Agenda 

12:30 p.m. 

Mechanical Removal & 

Beneficial Use Steve Gloss Status Update Updates 

8:15 a.m. Core Monitoring, Research, 

Experimentation, and the 

FY 2004 Budget 

Scott Urquhart 

Steve Gloss 

Ted Melis 

Lisa Leap 

Budget AHG 

Detailed discussion about 

AMP activities, the 

interaction of management and science, and the 

increase in USGS 

overhead charges. 

10 a.m. B R E A K 

10:15 a.m. Core Monitoring, Research, 

Experimentation, and the 

FY 2004 Budget (continued) 

 

11:30 a.m. Effectiveness Discussion Kurt Dongoske Discussion 

11:45 a.m. Wrap-up and Adjourn Kurt Dongoske Discussion
Exhibit 99.6
                            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 Colmena Corp. (the "Company") of
     Form  10-QSB  for the period  ending  December  31,  2002 as filed with the
     Securities and Exchange  Commission on the date hereof (the  "Report"),  I,
     Anthony Q. Joffe, Chief Executive 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/ Anthony Q. Joffe

Anthony Q. Joffe
President and Chief Executive Officer
February 14, 2003


<PAGE>
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#### The People of the State of New York, Respondent, v Scott A. McManus, Appellant.

— Harvey, J.

In August 1984, defendant was indicted on three counts of the crime of burglary in the second degree. He subsequently escaped from the Broome County Jail, was later apprehended and charged with the crime of escape in the first degree. Defendant originally pleaded guilty to all of the charges against him. Since defendant was a second felony offender, a term of imprisonment was mandated (Penal Law § 70.06 [2]). County Court, however, adjourned sentencing in order to provide defendant with an opportunity to participate in a rehabilitation program. Defendant failed to participate in any rehabilitation programs.

Defendant was subsequently allowed to withdraw his prior guilty plea. He then pleaded guilty to one count of attempted burglary in the second degree and escape in the second degree in full satisfaction of the charges against him. County Court sentenced defendant to consecutive sentences of 2 to 4 years on the burglary charge and *IVi*to 3 years on the escape charge.

Defendant contends that the sentences imposed should be modified, in the interest of justice, to run concurrently. Initially, we note that the record reveals that defendant was fully informed that the sentences would be imposed to run consecutively *(see, People v Quick,*122 AD2d 296). Furthermore, it is well established that sentencing is within the discretion of the sentencing court and will not be disturbed absent a showing of an abuse of discretion or extraordinary circumstances *(People v Garcia,*117 AD2d 928, 930; *People v Harris,*57 AD2d 663). A review of the record and the presentencing report reveals that no such showing is present here. It certainly would not promote the purposes of justice to allow a defendant who escaped from custody while awaiting disposition of a burglary charge to go unpunished for the second crime.

Judgment affirmed. Main, J. P., Mikoll, Yesawich, Jr., Levine and Harvey, JJ., concur.
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#### Rita Gallo et al., Appellants, v Town of Hempstead, Respondent, et al., Defendants. (And Third- and Fourth-Party Titles.)

A review of the trial evidence, particularly the testimony of the plaintiff Rita Gallo as to the circumstances of her fall into a hole in the grass adjacent to the curbline, which area was part of the sidewalk *(see,*Vehicle and Traffic Law § 144) and concededly owned by the defendant Town of Hempstead, establishes that the cause of the accident was not the cement object situated at the bottom of the hole, but the hole itself. Clearly, then, it was an actual physical defect in the sidewalk that was responsible for Rita Gallo’s injury, and, therefore, the written notice provision of Town Law § 65-a (2) expressly applied to the case at bar. Since the plaintiffs conceded that the town had not received prior written notice of the defect in accordance with that section of the Town Law, the trial court properly dismissed the complaint on that ground *(see, Parella v Levin,*111 AD2d 750; *Abbatecola v Town of Islip,*97 AD2d 780; *cf. Flynn v Town of N. Hempstead,*97 AD2d 430; *Schare v Incorporated Vil. of E. Rockaway,*95 AD2d 802).

*701Furthermore, the plaintiffs failed to prove that the town created the hole or engaged in any affirmative tortious conduct which would have exempted them from establishing compliance with Town Law § 65-a (2) *(see, Martin v City of Cohoes,*37 NY2d 162, 166; *Zortman v City of Niagara Falls,*101 AD2d 711). Mangano, J. P., Niehoff, Kooper and Spatt, JJ., concur.
_________________________________________ 

 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 24, 2007 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 133610(30) Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 133610 

 COA: 271757 
 Wayne CC: 00-012472 

LARRY LIGE, JR.,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court’s July 30, 2007 

order is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously. 

d0917 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

September 24, 2007 

 Clerk
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Collaborations The Soybean Genomics & Improvement Laboratory has a long and productive history of collaborative research involving stakeholders.  Current collaborators and projects:  Discover Genomic Loci Controlling Agronomic Traits & Develop Tools to Enable Rapid Characterization of Populations & Selection in Breeding Programs  Genomic Characterization of Seed Filling and Nutritional Features in Edamame and Mature Soybeans


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#### Adams *v.*Speelman.

*(Supreme Court, General Term, Fifth Department.*

June 20, 1890.)

Attachment—Levy.

Code Civil Free. N. Y. § 649, subd. 8, directing that a copy of a warrant of attachment, and the affidavit upon which it was granted, shall he delivered without delay *365to the person from whose possession the property is taken, is directory merely; and a failure to comply therewith is a mere irregularity, which will not of itself invalidate a levy. Following *Adams*v. *Speelmcm,*39 Hun, 35.

Appeal from circuit court, Tates county.

Action by Isaac "M. Adams against Charles M. Speelman. Plaintiff appeals from an order denying his motion for a new trial made on the minutes of the court.

Argued before Dwight, P. J., and Macomber and Corbett, JJ.

*William, T. Morris,*for appellant. *John T. Knox,*for respondent.

Macomber, J.

This action was brought to recover damages for the wrongful taking and detention of certain personal property, consisting of two colts three years of age, one set of double harness, a yoke of oxen, and one pair of bob sleighs. The answer justifies the taking and withholding of such property by virtue of a levy under attachments against the property of one'Perry Adams, the father of the plaintiff, and one John Adams, sued out at the instance of the First National Bank of Penn Tan, and that such property was then owned by the defendants in that action, and not by this plaintiff. On the first trial of this action, the orders of attachments, by which the defendant claimed to have levied upon the property, were excluded by the court. On appeal from an order denying the defendant’s motion for a new trial, this court held (39 Hun, 35) that the levy under the warrants of attachment was sufficient under subdivision 2, § 649, of the Code of Civil Procedure ; and that the direction of the Code that a delivery of a copy of a warrant, and the affidavits upon which it was granted, should be made without delay to the person from whose possession the projperty was taken, was directory only, and a failure to comply therewith was a mere irregularity, which did not destroy the effect of a levy, if otherwise valid. The question there decided has been again reargued in the briefs, but we must adhere to the former conclusion of the court thereupon. Upon the trial which we are now called upon to review, there was presented a question of fact for the consideration of the jury, and their determination of it appears to have been well sustained by the evidence. We have examined in detail the several exceptions taken by the plaintiff during the trial, but find in them nothing which goes to the merits of the case, or which would warrant the court in granting a new trial. The order appealed from should be affirmed, with costs. All concur.