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

— Appeal by the defendant from a judgment of the County Court, Nassau County (Baker, J.), rendered November 7, 1985, convicting him of burglary in the third degree and attempted petit larceny, upon a jury verdict, and imposing sentence. The appeal brings up for review (1) so much of an order of the same court, dated October 30, 1984, as denied those branches of the defendant’s omnibus motion which were to dismiss the indictment and (2) so much of an order of the same court, dated November 1, 1985, as denied his motion to set aside the verdict pursuant to CPL 330.30.

Ordered that the judgment is affirmed, and the case is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

Those branches of the defendant’s omninus motion which were to dismiss the indictment based upon certain alleged irregularities which occurred during the Grand Jury proceedings were properly denied. The record clearly established that the defendant was given an adequate opportunity to confer with counsel before signing a waiver of immunity, and that he availed himself of that opportunity. Thus, that waiver was effective, even though it was not formally executed in the presence of his attorney *(see,*CPL 190.45 [3]; *People v Petgen,*92 AD2d 693). Nor is dismissal of the indictment required on the basis that the oaths given to an interpreter before the Grand Jury and a Grand Jury witness were not transcribed. The record indicates that the oaths were given, that there has been no irregularity in their administration, and that there has been no showing of possible prejudice to the defendant or impairment of the integrity of the Grand Jury process *(see,*CPL 210.35 [5]; *People v Percy,*45 AD2d 284, *affd*38 NY2d 806; *People v Meachem,*50 AD2d 953).

Furthermore, the trial court did not abuse its discretion in allowing the prosecution to offer evidence that the defendant previously committed a crime in a similar manner to the crime for which he was being prosecuted, since that evidence was relevant on the issues of intent and absence of mistake, and its probative value outweighed its prejudicial effect *(see, People v Ventimiglia,*52 NY2d 350; *People v Allweiss,*48 NY2d 40; *People v Short,*110 AD2d 205).

The defendant was properly adjudicated a second felony offender on the basis of, *inter alia,*a prior conviction for driving while intoxicated as a felony, as defined by Vehicle and Traffic Law § 1192 (5). Penal Law § 70.06 contains no *404requirement that the prior conviction which constitutes the predicate felony conviction be for a felony defined in the Penal Law *(see, People v Clearwater,*98 AD2d 912; *People v Mashaw,*97 Misc 2d 554).

We have considered the defendant’s remaining contentions and find them to be either without merit or unpreserved for our review. Niehoff, J. P., Rubin, Eiber and Kunzeman, JJ., concur.
#### OTTEN v. MANHATTAN RY. CO. RECKE v. SAME. BAMBERGER v. SAME.

(Superior Court of New York City, General Term.

December 18, 1895.)

Action by one Otten, one Recke, and one Bamberger against Manhattan Railway Company.

No opinion. Defendant’s motions to strike cases from the calendar and for judgment, etc., denied, without costs, with leave to renew in the first case on the next motion day of the appellate division, and in the other two when the stay as to them is vacated.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

DULCICH INC., an Oregon No. 3:15-cv-01522-SB

corporation, 

Plaintiff,

v. 

 

COORDINATED CARE PROGRAMS, LLC, ORDER

a foreign corporation, 

 Defendant.

HERNANDEZ, District Judge:

Magistrate Judge Beckerman issued a Findings and Recommendation (#18) on December

23, 2015, in which she recommends that this Court deny Dulcich's motion to remand and deny

CCP's motion to transfer venue. The matter is now before me pursuant to 28 U.S.C. §

636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and Recommendation were

timely filed, I am relieved of my obligation to review the record de novo. United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt,

840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate

1 - ORDER

Case 3:15-cv-01522-SB Document 20 Filed 01/25/16 Page 1 of 2
Judge's report to which objections have been made). Having reviewed the legal principles de

novo, I find no error. 

CONCLUSION 

The Court ADOPTS Magistrate Judge Beckerman's Findings & Recommendation [18].

Accordingly, Plaintiff's motion to remand [11] is denied and CCP's motion transfer venue [7] is

denied. 

IT IS SO ORDERED.

DATED this day of , 2016.

 

MARCO A. HERNANDEZ

United States District Judge

2 - ORDER

Case 3:15-cv-01522-SB Document 20 Filed 01/25/16 Page 2 of 2
STIPULATION OF DISMISSAL – Page 1

1558 SW Nancy Way, Suite 101, Bend, OR 97702

Phone: (541) 617-0555 Fax: (541) 617-0984

tim@rdwyer.com

Tim Williams, OSB No. 034940

tim@rdwyer.com

Dwyer Williams Cherkoss Attorneys, P.C. 

1558 SW Nancy Way, Suite 101

Bend, OR 97702

Phone: 541.617.0555

Fax: 541.617.0984

Shenoa Payne, OSB No. 084392

spayne@paynelawpdx.com

Shenoa Payne Attorney at Law PC

Powers Building

65 SW Yamhill St. Ste. 300

Portland, OR 97204

Phone: 503.914.2500

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION

The parties, though their undersigned counsel, hereby stipulate to dismiss this case pursuant 

to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The parties further stipulate that each party shall 

bear its own costs and attorneys’ fees.

Dated this 22nd day of June 2021.

DWYER WILLIAMS CHERKOSS SCOTT ERIK ASPHAUG

ATTORNEYS, P.C. Acting United States Attorney

District of Oregon

/s/ Timothy L. Williams /s/ Susanne Luse

Tim Williams, OSB No. 034940 SUANNE LUSE

Of Attorneys for Plaintiff Assistant United States Attorney

Attorneys for Defendant

BENJAMIN MCCORMICK, 

Plaintiff,

vs.

BUREAU OF LAND MANAGEMENT, 

Defendant.

Case No. 3:15-CV-01363-MO

STIPULATION OF DISMISSAL

Case 3:15-cv-01363-MO Document 64 Filed 06/22/21 Page 1 of 1
Exhibit 23.1



           INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM'S CONSENT


We consent to the  incorporation by reference in the  Registration  Statement of
Synergx  Systems  Inc on Form  S-8,  File No.  333-107231  of our  report  dated
December  12, 2006,  except for Note 5 which is as of December  26,  2006,  with
respect  to our  audits of the  consolidated  financial  statements  of  Synergx
Systems Inc. as of September 30, 2006 and for the years ended September 30, 2006
and 2005,  which  report is  included  in this  Annual  Report on Form 10-KSB of
Synergx Systems Inc. for the year ended September 30, 2006.

/s/ Marcum & Kliegman LLP

Marcum & Kliegman LLP
New York, New York
December 26, 2006
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 21-0212

STATE OF MONTANA,

Plaintiff and Appellee,

v.

JOSHUA GLEN REID,

Defendant and Appellant. 

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including December 14, 2022, within which to prepare, 

file, and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

November 4 2022

11/04/2022

Case Number: DA 21-0212
[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Notices]
[Page 48973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18723]


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

DEPARTMENT OF AGRICULTURE

Agricultural Research Service


Notice for Comment on Two Strategic Plans for the Subcommittee on 
Aquaculture Science Planning and Regulatory Efficiency Task Forces and 
on Updating the National Aquaculture Development Plan

AGENCY: Agricultural Research Service, USDA.

ACTION: Notice and request for comments.

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

SUMMARY: In October 2018, the SCA established a Science Planning Task 
Force charged with documenting Federal science and technology 
opportunities and priorities for aquaculture by revising and updating 
the National Strategic Plan for Federal Aquaculture Research (2014-
2019). Similarly, in February 2019, the SCA established a Regulatory 
Efficiency Task Force charged with developing a new plan for 
interagency science and technology coordination to improve regulatory 
efficiency, research and technology development, and economic growth. 
The Task Forces are seeking public comment on Science and Regulatory 
Efficiency strategic plans to determine if their respective topics are 
adequately covered. See SUPPLEMENTARY INFORMATION for more details.

DATES: In the Federal Register of August 5, 2021, FR Doc. 2021-16711. 
Doc. 2021-04701, on Pages 42776-42777, under dates should read as 
follows: Comments must be received by September 18th, 2021 to be 
assured of consideration.

SUPPLEMENTARY INFORMATION: The Subcommittee on Aquaculture (SCA) is a 
statutory subcommittee that operates under the Committee on Environment 
of the National Science and Technology Council (NSTC) under the Office 
of Science and Technology Policy in the Executive Office of the 
President [National Aquaculture Act of 1980 (Pub. L. 96-362. 94 Stat. 
1198, 16 U.S.C. 2801, et seq.) and the National Aquaculture Improvement 
Act of 1985 (Pub. L. 99-198, 99 Stat. 1641)].
    In addition, in May of 2020, the SCA established an Economic 
Development Task Force charged with developing a strategic plan for 
economic development through aquaculture. Separately from SCA, the 
National Aquaculture Act of 1980 requires select federal agencies to 
develop a National Aquaculture Development Plan (NADP). Last completed 
in 1983, the NADP describes aquaculture associated technologies, 
problems, and opportunities in the United States and its territories. 
It recommends actions to solve problems and analyzes the social, 
environmental, and economic impacts of growth in aquaculture. The SCA 
plans to update the NADP using the Science and Regulatory Efficiency 
plans described here, with the addition of the Economic Development 
plan currently in process.

    Signed at Washington, DC, August 26, 2021.
Yvette Anderson,
Federal Register Liaison Officer, ARS, ERS, NASS.
[FR Doc. 2021-18723 Filed 8-31-21; 8:45 am]
BILLING CODE 3410-03-P
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 annual report of 110 Media Group, Inc. (the
"Company") on Form 10-KSB for the year ending December 31, 2004 as filed with
the Securities and Exchange Commission on April ___, 2005 (the "Report"), I,
Raymond Barton, 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/ Raymond Barton
-----------------------
Raymond Barton
Chief Executive Officer
April 15, 2005


A signed original of this certification has been provided to the Company and
will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.
----

Exhibit 32.1

CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002(18 U.S.C. SECTION 1350) 

In connection with the Annual Report of mPhase Technologies, Inc. a NewJersey corporation (the "Company"), on Form 10K for the fiscal year ended June30, 2008, as filed with the Securities and Exchange Commission (the "Report"),I, Ronald A. Durando, Chief Executive Officer of the Company certify, pursuantto Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), thatto his knowledge: 

1. 

The Report fully complies withthe requirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and 

2. 

The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company. 

/s/ Ronald A. Durando                     Ronald A. Durando Chief Executive Officer 

September 29, 2008 

 

 

----
Bruce W. Brewer, OSB No. 925581 

brucebrewerusdccases@gmail.com 

PO Box 421 

West Linn, OR 97068 

503-621-6633 

Attorney for Plaintiff 

UNITED ST A TES DISTRICT COURT 

ROBERT LEE, 

Plaintiff, 

vs. 

COMMISSIONER, 

of Social Security 

Administration, 

Defendant. 

DISTRICT OF OREGON 

Case No. 3:15-cv-01226-PA 

ORDER (EAJA FEES) 

Plaintiff has moved the Court for an order, pursuant to the Equal Access to Justice Act 28 

U.S.C. § 2412, granting an attorney fee in the amount of $5,422.98. ECF#25. Defendant has no 

objection to the amount of the fee being sought. ECF#26. 

It is hereby ORDERED that an attorney fee in the amount of $5,422.98, will be paid to 

Plaintiffs attorney, dependent upon verification that Plaintiff has no debt which qualifies for 

offset against the awarded fees, pursuant to the Treasury Offset Program as discussed in Astrue v. 

Ratliff, 130 S.Ct. 2521 (2010). If Plaintiff has no such debt then it is ORDERED that the check 

shall be made payable to Plaintiffs attorney, Bruce Brewer, and mailed to Plaintiffs attorney at 

1 - ORDER FOR EAJA FEES 

Case 3:15-cv-01226-PA Document 29 Filed 12/28/16 Page 1 of 2
I 

I 

PO Box 421, West Linn, OR 97068. If Plaintiff has such debt then it is ORDERED that the 

check for any remaining funds after offset of the debt shall be made payable to Plaintiff and 

mailed to Plaintiffs attorney at PO Box 421, West Linn, OR 97068. There are no costs or 

expenses to be paid herein. 

DA TED this ~ day of __ ~----=-~l?ct"------'--. • .----' 2016. 

Submitted by: 

Bruce W. Brewer, OSB No. 925581 

503-621-6633, Attorney for Plaintiff 

2 - ORDER FOR EAJA FEES 

United States District Court Judge 

Case 3:15-cv-01226-PA Document 29 Filed 12/28/16 Page 2 of 2
Exhibit 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION

906 OF THE SARBAENES-OXLEY
ACT OF 2002

In connection with the Quarterly Report of American Commerce Solutions, Inc. (the Company) on Form 10-QSB for the
three months ended August 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned officers of the Company certifies, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbaenes-Oxley Act of 2002, that to such officers knowledge: Section 13(a)



| | (1) | The Report fully complies with the requirements of Section 13 (a) of Section 15 (d) of the Securities and 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 as of the dates and for the
periods expressed in the Report.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

In accordance with the Exchange Act, this report has been signed below by the following
persons on behalf of the registrant and in the capacities and on the dates indicated.



|                                          |  |                                                                    |  |                 
|----------------------------------------- |  | ------------------------------------------------------------------ |  | ----------------
|Signatures                                |  | Title                                                              |  | Date            
|                                          |  |                                                                   
|/s/ Robert E. Maxwell Robert E.
Maxwell   |  | Chairman of the Board & Director                                   |  | October 13, 2006
|                                          |  |                                                                   
|/s/ Daniel L. Hefner Daniel L.
Hefner     |  | Chief Executive Officer, President & Director                      |  | October 13, 2006
|                                          |  |                                                                   
|/s/ Frank D. Puissegur Frank D.
Puissegur |  | Chief Financial Officer (Principal Financial Officer)
and Director |  | October 13, 2006
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#### The People of the State of New York, Respondent, v Dornell R. Thorpe, Appellant.

— Appeal by the defendant from a judgment of the County Court, Suffolk County (Seidell, J.), rendered June 29, 1983, convicting him of robbery in the *732first degree (two counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed *(see,*Penal Law § 160.15 [2], [3]; § 70.02 [1] [a]; [3] [a]; [4]; CPL 1.20 [4]; 720.10 [3]). Mangano, J. P., Brown, Rubin and Eiber, JJ., concur.