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

[943 NYS2d 896] —

Appeals by the defendant from two judgments of the County Court, Suffolk County (Hinrichs, J.), both rendered January 19, 2011, convicting him of criminal possession of a controlled substance in the third degree under indictment No. 1680/10, and criminal possession of a controlled substance in the fifth degree under indictment No. 2419/10, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The defendant’s contention that his pleas of guilty were not knowingly, voluntarily, and intelligently made is unpreserved for appellate review, since he did not move to withdraw his *1143pleas on this ground prior to sentencing *(see*CPL 220.60 [3]; 470.05 [2]; *People v Lopez,*71 NY2d 662, 665-666 [1988]; *People v Hayes,*91 AD3d 792 [2012]). In any event, nothing in the plea allocutions cast significant doubt on his guilt or called into question the voluntariness of his pleas of guilty *(see People v Lopez,*71 NY2d at 666; *People v Ortiz,*89 AD3d 1113 [2011]).

The defendant’s waiver of his right to appeal precludes review of his claim that he was denied the effective assistance of counsel, except to the extent that the alleged ineffectiveness affected the voluntariness of the pleas *(see People v Duah,*91 AD3d 884, 885 [2012]). To the extent that the defendant’s claim is not precluded, it is without merit *(see People v Yarborough,*83 AD3d 875 [2011]).

The appeal waiver precludes review of the defendant’s claim that his sentences were excessive *(see People v Duah,*91 AD3d at 885).

The defendant’s remaining contention is without merit. Dillon, J.E, Balkin, Belen and Austin, JJ., concur.
**Exhibit 32.2**WRITTEN STATEMENT OF THE CHIEF FINANCIAL OFFICERPursuant to 18 U.S.C. § 1350     Solely for the purpose of complying with 18 U.S.C. § 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, I, the undersigned Senior Vice President — Finance and ChiefFinancial Officer of Nicholas Financial, Inc. (the “Company”), hereby certify, based on myknowledge, that the Quarterly Report on Form 10-Q of the Company for the three months ended June30, 2005 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 and that the information contained in the Report fairly presents,in all material respects, the financial condition and results of operations of the Company./s/Ralph T Finkenbrink
#### William Marinaccio et al., Appellants, v Vincent Ratto, Respondent, and Dorothy Nosalski et al., Nonparty Respondents.

— In an action to recover on a debt, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Widlitz, J.), dated July 18, 1985, which granted a motion made by judgment creditors of the defendant, to vacate the plaintiffs’ default judgment against the defendant.

Ordered that the order is affirmed, with costs.

Special Term correctly determined that the plaintiffs’ judgment, entered May 25, 1983, should not have been entered by the clerk and was, therefore, a nullity. Consequently, the motion to vacate was properly granted. Contrary to the plaintiffs’ position, the record is devoid of any evidence that the validity of the May 25, 1983 judgment had been decided in their favor in an earlier action, and the doctrine of collateral estoppel is not applicable here.

We have considered the plaintiffs’ other contentions and have found them to be without merit. Mangano, J. P., Brown, Weinstein and Kunzeman, JJ., concur
[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Pages 48422-48423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18613]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RC11-6-012]


North American Electric Reliability Corporation; Notice of Staff 
Review of Enforcement Programs

    Commission staff coordinated with the staff of the North American 
Electric Reliability Corporation (NERC) to conduct the annual oversight 
of the Find, Fix, Track and Report (FFT) program, as outlined in the 
March 15, 2012 Order,\1\ and the Compliance Exception (CE) Program, as 
proposed by NERC's September 18, 2015 annual Compliance Filing and 
accepted by delegated letter order.\2\
---------------------------------------------------------------------------

    \1\ North American Electric Reliability Corp., 138 FERC ] 
61,193, at P 73 (2012) (discussing Commission plans to survey a 
random sample of FFTs submitted each year to gather information on 
how the FFT program is working).
    \2\ North American Electric Reliability Corp., Docket No. RC11-
6-004, at 1 (Nov. 13, 2015) (delegated order) (accepting NERC's 
proposal to combine the evaluation of CEs with the annual sampling 
of FFTs).
---------------------------------------------------------------------------

    Commission and NERC staff reviewed a sample of 63 noncompliances--
29 of 215 total FFT noncompliances and 34 of 1,103 total CE 
noncompliances posted by NERC between October 2019 and September 2020.
    Commission staff found that the FFT and CE programs are meeting 
expectations. The Regional Entities appropriately included all 63 of 
the sampled noncompliances in the FFT and CE programs, and all 63 FFTs 
and CEs were adequately remediated and the root cause of each 
noncompliance was clearly identified. Commission staff also reviewed 
the supporting information for these FFT and CE noncompliances and 
agreed with the final risk determinations, which clearly identified the 
factors affecting the risk prior to mitigation (such as potential and 
actual risk) and actual harm. Finally, Commission staff noted that the 
FFTs and CE noncompliances sampled did not contain any material

[[Page 48423]]

misrepresentations by the registered entities.

    Dated: August 24, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-18613 Filed 8-27-21; 8:45 am]
BILLING CODE 6717-01-P
Exhibit 32.2

Certification of

Chief Financial Officer

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



I, Richard L. Bergmark, Chief Financial Officer of Core Laboratories N.V. (the "Company"), hereby certify that the accompanying report on Form 10-Q for the quarter ended
September 30, 2008, filed by the Company with the Securities and Exchange Commission on the date hereof fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, (the "Report").

I further certify that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|Date: October 24, 2008 | /s/ Richard L. Bergmark       
|---------------------- | ------------------------------
|                       | Name: Richard L. Bergmark     
|                       | Title: Chief Financial Officer
|                       |
Exhibit 24.1



                 Consent of Independent Auditors

      We  consent to the incorporation by reference in:  (i)  the
Registration  Statement Number 33-21598 on  Form  S-8,  (ii)  the
Registration Statement Number 33-49040 on Form S-8 and (iii)  the
Registration Statement Number 33-64110 on Form S-8 pertaining  to
the  1987  Stock  Option  Plan of Electrosource,  Inc.;  (i)  the
Registration  Statement Number 33-22223 on  Form  S-8,  (ii)  the
Registration  Statement Number 33-35856 on Form  S-8,  (iii)  the
Registration Statement Number 33-49042 on Form S-8 and  (iv)  the
Registration Statement Number 33-64108 on Form S-8 pertaining  to
the   1988   Non-Employee   Director   Stock   Option   Plan   of
Electrosource,  Inc.; the Registration Statement Number  33-65386
on  Form S-8 pertaining to the 1993 Non-Employee Consultant Stock
Option  Plan  of Electrosource, Inc.; the Registration  Statement
Number  33-63363 on Form S-8 pertaining to the 1994 Stock  Option
Plan of Electrosource, Inc.; the Registration Statement Number 33-
31101  on  Form S-8 pertaining to the 1996 Stock Option  Plan  of
Electrosource, Inc.; the Registration Statement (Amendment Number
2  to  Form S-3 Number 33-63361) and related Prospectus  for  the
registration  of  185,934 shares of Electrosource,  Inc.   common
stock; the Registration Statement (Form S-3 Number 333-04637) and
related  Prospectus  for the registration  of  80,610  shares  of
Electrosource,  Inc.  common  stock; the  Registration  Statement
(Form  S-3  Number  333-10715) and  related  Prospectus  for  the
registration  of  1,231  shares of  Electrosource,  Inc.   common
stock; and the Registration Statement (Form S-3 Number 333-25659)
and related Prospectus for the registration of 437,674 shares  of
Electrosource,  Inc.  common stock of our report  dated  February
28, 1998, except  for Note P, as to which the date is  March  20,
1998, with respect to the financial statements of  Electrosource,
Inc., included in this Annual Report on Form  10-K  for the  year
ended December 31, 1997.



                              /s/  Ernst & Young LLP


Austin, Texas
March 27, 1998
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS THE RESTATED SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
THE CONSOLIDATED FINANCIAL STATEMENTS OF SYBRON INTERNATIONAL CORPORATION FOR
THE YEAR ENDED SEPTEMBER 30, 1996 AS RESTATED TO REFLECT THE ADOPTION OF SFAS
NO. 128, THE FEBRUARY 20, 1998 TWO-FOR-ONE STOCK SPLIT AND THE MERGER OF LRS
ACQUISITION CORP., ACCOUNTED FOR AS A POOLING OF INTERESTS, AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-START>                             OCT-01-1995
<PERIOD-END>                               SEP-30-1996
<CASH>                                          13,750
<SECURITIES>                                         0
<RECEIVABLES>                                  136,096
<ALLOWANCES>                                     2,975
<INVENTORY>                                    127,315
<CURRENT-ASSETS>                               304,169
<PP&E>                                         178,697
<DEPRECIATION>                                 126,938
<TOTAL-ASSETS>                               1,023,656
<CURRENT-LIABILITIES>                          147,561
<BONDS>                                        515,784
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           970
<OTHER-SE>                                     287,611
<TOTAL-LIABILITY-AND-EQUITY>                 1,023,656
<SALES>                                        715,450
<TOTAL-REVENUES>                               715,450
<CGS>                                          359,407
<TOTAL-COSTS>                                  218,813
<OTHER-EXPENSES>                                   570
<LOSS-PROVISION>                                 1,330
<INTEREST-EXPENSE>                              39,482
<INCOME-PRETAX>                                100,542
<INCOME-TAX>                                    43,053
<INCOME-CONTINUING>                             57,489
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    57,489
<EPS-PRIMARY>                                      .59
<EPS-DILUTED>                                      .57
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE CONDENSED
CONSOLIDATED BALANCE SHEET AS OF SEPTEMBER 30, 1996 AND THE CONSOLIDATED
STATEMENT OF OPERATIONS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                                    9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                           7,915
<SECURITIES>                                    31,819
<RECEIVABLES>                                   44,675
<ALLOWANCES>                                     4,551
<INVENTORY>                                      3,152
<CURRENT-ASSETS>                                     0
<PP&E>                                         680,101
<DEPRECIATION>                                 296,978
<TOTAL-ASSETS>                               1,192,184
<CURRENT-LIABILITIES>                                0
<BONDS>                                      1,256,016
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             2
<OTHER-SE>                                   (185,642)
<TOTAL-LIABILITY-AND-EQUITY>                 1,192,184
<SALES>                                        290,636
<TOTAL-REVENUES>                               290,636
<CGS>                                            3,653
<TOTAL-COSTS>                                  245,182
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 4,464
<INTEREST-EXPENSE>                              78,011
<INCOME-PRETAX>                              (102,088)
<INCOME-TAX>                                     9,652
<INCOME-CONTINUING>                           (92,436)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (2,484)
<CHANGES>                                            0
<NET-INCOME>                                  (94,920)
<EPS-PRIMARY>                                     0.00
<EPS-DILUTED>                                     0.00
        

</TABLE>
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 9, 2008 Clifford W. Taylor,

 Chief Justice 

136529 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman, 

Justices 

v SC: 136529 

 COA: 277990 

Wayne CC: 06-014173-01

DOMINIC OMARI NORMAN,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the May 6, 2008 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court. 

s0828 

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 9, 2008 

 Clerk
#### Leonard M. Englert et al., Respondents, v Gerald W. Schaffer, Jr. Esq., et al., Appellants, et al., Defendants.

[946 NYS2d 520]

*1500Appeal from an order of the Supreme Court, Monroe County (David Michael Barry, J.), entered April 4, 2011 in a legal malpractice action. The order denied in part defendants’ motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this legal malpractice action, and we previously dismissed all but the third cause of action for breach of fiduciary duty *(Englert v*Schaffer, 61 AD3d 1362 [2009], *rearg denied*64 AD3d 1200 [2009]). Supreme Court granted in part the summary judgment motion of defendants by dismissing the third cause of action against defendants Steven Barnes and Ross Cellino, but denied the motion with respect to defendants Gerald W. Schaffer, Jr., Esq., and Cellino & Barnes, P.C. (defendants).

We reject defendants’ contention that summary judgment in their favor is required on the ground that plaintiffs could not establish that they would have accepted a settlement offer made in the underlying personal injury case if Schaffer had notified them of that offer. When the alleged negligence of defendant involves a failure to communicate a settlement offer, the plaintiff must “demonstrate that, but for the [defendant’s] alleged negligence, [plaintiff] would have accepted the offer of settlement and would not have sustained any damages” (Magnacous*tics, Inc. v Ostrolenk, Faber, Gerb & Soffen,*303 AD2d 561, 562 [2003], *lv denied*100 NY2d 511 [2003]). Even assuming, arguendo, that defendants met their initial burden, we conclude that plaintiffs raised a triable issue of fact whether they would have accepted the settlement offer if Schaffer had promptly communicated it to them *(see generally Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]). Present — Scudder, P.J., Smith, Fahey, Bindley and Martoche, JJ.
SATISFACTION Page 1 of 1

Carl D. Crowell, OSB No. 982049

email: carl@crowell-law.com

CROWELL LAW

P.O. Box 923

Salem, OR 97308

(503) 581-1240

Of attorneys for plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

COBBLER NEVADA, LLC,

Plaintiff,

v.

SANTOS A. CERRITOS, Jr.,

Defendant.

 Case No.: 3:15-cv-01228-ST

SATISFACTION OF JUDGMENT

Plaintiff hereby provides notice that the Judgment(s) in this action has been fully and 

completely satisfied and the Clerk of the Court is hereby authorized to make the appropriate 

entry. 

Dated January 24, 2017.

/s/ Carl D. Crowell

Carl D. Crowell, OSB # 982049

email: carl@crowell-law.com

Phone: 503-581-1240

Of counsel for plaintiff

Case 3:15-cv-01228-SB Document 63 Filed 01/24/17 Page 1 of 1
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