alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Rufus Rock, Appellant, v New York State Board of Parole, Respondent.

The serious nature of the crime for which the petitioner was incarcerated and his unsatisfactory performance on a prior parole release constituted sufficient grounds for parole denial *805
      *(see, Matter of Harden v New York State Bd. of Parole,*103 AD2d 777). The papers submitted in support of the petitioner’s present application failed to make a convincing showing that the respondent Board did not exercise its discretion in conformity with the law when it denied him parole release. Consequently, the instant CPLR article 78 proceeding was properly dismissed because such discretionary decisions of the Board, when made in accordance with the law, are not judicially reviewable *(see,*Executive Law § 259-i [5]; *Matter of Abrams v New York State Bd. of Parole,*88 AD2d 951). Mollen, P. J., Bracken, Lawrence and Kooper, JJ., concur.
#### HILL, Respondent, v. WARNER, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

December 16, 1896.)

Action by Thomas Hill, Jr., against Abram L. Warner.

No opinion. Judgment affirmed, with costs. Held, that inasmuch as no exception was taken by the defendant to the refusal of the court to submit certain questions of fact to the jury, or to the direction by the court of a verdict in favor of the plaintiff, no question is presented for the consideration of this court.
# L_2010108DE.01035502.xml

| 29.4.2010 | DE | Amtsblatt der Europäischen Union | L 108/355 |
| --- | --- | --- | --- |

29.4.2010

DE

Amtsblatt der Europäischen Union

L 108/355

---

Berichtigung der Richtlinie 2009/144/EG des Europäischen Parlaments und des Rates vom 30. November 2009 über bestimmte Bauteile und Merkmale von land- oder forstwirtschaftlichen Zugmaschinen auf Rädern

(
  Amtsblatt der Europäischen Union L 27 vom 30. Januar 2010

  )

(
  Amtsblatt der Europäischen Union L 27 vom 30. Januar 2010

Auf Seite 35, in der Schlussformel:

anstatt:

anstatt:

„Geschehen zu Brüssel am 30. November 2009“

muss es heißen:

muss es heißen:

„Geschehen zu Brüssel am 30. November 2009.“

---
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                      15,969,678
<SECURITIES>                                 9,342,733
<RECEIVABLES>                                3,579,118
<ALLOWANCES>                                 1,083,961
<INVENTORY>                                  2,726,193
<CURRENT-ASSETS>                            25,013,626
<PP&E>                                       2,359,120
<DEPRECIATION>                               1,192,363
<TOTAL-ASSETS>                              39,100,521
<CURRENT-LIABILITIES>                       14,060,198
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        11,891
<OTHER-SE>                                  25,028,432
<TOTAL-LIABILITY-AND-EQUITY>                39,100,521
<SALES>                                     32,120,694
<TOTAL-REVENUES>                            35,795,583
<CGS>                                       21,892,871
<TOTAL-COSTS>                               16,222,426
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                             1,040,271
<INTEREST-EXPENSE>                             532,720
<INCOME-PRETAX>                            (1,694,538)
<INCOME-TAX>                                    49,662
<INCOME-CONTINUING>                        (1,744,200)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,744,200)
<EPS-BASIC>                                   (0.15)
<EPS-DILUTED>                                   (0.15)


</TABLE>
#### Arnold Menis, Respondent, v Stanley Z. Raksin, Appellant. (And a Third-Party Action.)

— In an action to recover damages, *inter alia,*for dental malpractice and wrongful death, the defendant appeals from an order of the Supreme Court, Suffolk County (Lama, J.), dated January 14, 1986, which granted the plaintiff’s motion for leave to serve an amended complaint.

Ordered that the order is reversed, with costs, and the motion is denied.

Special Term erred in granting the plaintiff leave to serve *376an amended complaint which asserts two new causes of action sounding in negligence, since those new causes of action are time barred. The interposition of those causes of action at this juncture does not relate back to the date of the interposition of the original pleading since that original pleading cannot be said to have given the defendant "notice of the transactions, occurrences, or series of transactions or occurrences, to be proved pursuant to the amended pleading” *(see,*CPLR 203 [e]; *Caffaro v Trayna,*35 NY2d 245, 249). That original complaint focused on the defendant’s conduct in relation to his professional treatment of the decedent and cannot be said to have given notice that the plaintiff would be relying upon events which occurred subsequent to the conclusion of that professional relationship. Mollen, P. J., Bracken, Brown and Sullivan, JJ., concur.
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Fourth Court of Appeals

San Antonio, Texas

September 9, 2019

No. 04-17-00810-CV

CODY, TEXAS, L.P.,

Appellant

v.

BPL EXPLORATION, LTD.,

Appellee

From the 49th Judicial District Court, Zapata County, Texas

Trial Court No. 8,665

Honorable Jose A. Lopez, Judge Presiding

O R D E R

On July 23, 2018, this appeal was set for on briefs submission on September 11, 2018, 

before a panel consisting of Justice Karen Angelini, Justice Marialyn Barnard, and Justice Irene 

Rios. On March 28, 2019, this court withdrew the prior submission.

By order dated May 9, 2019, this court notified the parties that the court, on its own 

motion, decided to consider this appeal en banc. It is therefore ORDERED that this appeal is set 

for formal submission and oral argument before the en banc court on Thursday, October 3, 2019, 

at 10:00 a.m. 

The time for oral argument will be limited to twenty minutes for appellant’s opening 

argument, twenty minutes for appellee’s argument, and ten minutes for appellant’s rebuttal. See

4th TEX. APP. (SAN ANTONIO) LOC. R. 9.1.

It is so ORDERED on this 9th day of September, 2019

PER CURIAM

ATTESTED TO: __________________________

 KEITH E. HOTTLE,

 CLERK OF COURT
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 19-0220

STATE OF MONTANA,

Plaintiff and Appellee,

v.

DESMOND D. HARDESTY,

Defendant and Appellant.

ORDER

FILED

MAR 0 2 2021

Bovven Greenvvood

Clerk of Supreme Court

State of Montana

Counsel for the Appellant Desmond D. Hardesty filed a motion and brief asking to

be allowed to withdraw from this appeal on grounds that counsel has been unable to find

any nonfrivolous issues to raise on appeal, pursuant to § 46-8-103(2), MCA, and Anders v .

California, 386 U.S. 738, 87 S. Ct. 1396 (1967). Hardesty was given time to respond, but

no response was filed.

The Court has now independently examined the record pursuant to § 46-8-103(2),

MCA, and Anders. We conclude there are no arguments with potential legal merit that

could be raised in Hardesty's appeal in this case.

Therefore,

IT IS ORDERED that this appeal is DISMISSED.

The Clerk is directed to provide copies of this Order to all counsel of record and to

the appellant personally,:,

DATED this -2--- day of March, 2021.

Chief Justice

03/02/2021

Case Number: DA 19-0220
49-;1 n4 

Justices
# L_2009139EN.01000301.xml

| 5.6.2009 | EN | Official Journal of the European Union | L 139/3 |
| --- | --- | --- | --- |

5.6.2009

EN

Official Journal of the European Union

L 139/3

---

COMMISSION REGULATION (EC) No 459/2009

of 29 May 2009

amending Regulation (EC) No 1249/96 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 143(b) in conjunction with Article 4 thereof,

Whereas:

| (1) | Annex IVa of Commission Regulation (EC) No 1249/96 (2) contains blank certificates of conformity authorised by the Government of the United States of America for exports of high-quality common wheat and high-quality durum wheat to the European Community. The American authorities have informed the Commission of an amendment to their blank certificates, which should therefore be amended. |
| --- | --- |

(1)

Annex IVa of Commission Regulation (EC) No 1249/96 (2) contains blank certificates of conformity authorised by the Government of the United States of America for exports of high-quality common wheat and high-quality durum wheat to the European Community. The American authorities have informed the Commission of an amendment to their blank certificates, which should therefore be amended.

| (2) | Regulation (EC) No 1249/96 should therefore be amended accordingly. |
| --- | --- |

(2)

Regulation (EC) No 1249/96 should therefore be amended accordingly.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IVa of Regulation (EC) No 1249/96 is hereby replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 May 2009.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 161, 29.6.1996, p. 125.

2

---

ANNEX

‘ANNEX IVa

BLANK CERTIFICATE OF CONFORMITY AUTHORISED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR COMMON WHEAT

Image 1

BLANK CERTIFICATE OF CONFORMITY AUTHORISED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR DURUM WHEAT

Image 2

  ’

---
<PAGE>   1


Exhibit 11

                              DATAWORKS CORPORATION
          STATEMENTS OF CONSOLIDATED COMPUTATION OF EARNINGS PER SHARE
                                   (UNAUDITED)
                    (in thousands, except per share amounts)

<TABLE>
<CAPTION>
                                                                     Three Months Ended                Six Months Ended
                                                                          June 30,                          June 30,
                                                                   1998             1997             1998             1997
                                                                  -------          -------          -------          -------
<S>                                                               <C>              <C>              <C>              <C>    
BASIC EARNINGS PER SHARE:

Net Income                                                        $   830          $ 1,441          $ 3,922          $ 3,330
                                                                  =======          =======          =======          =======

Weighted average number of common shares outstanding               14,306           13,787           14,209           13,713
                                                                  =======          =======          =======          =======

Basic earnings per share                                          $  0.06          $  0.10          $  0.28          $  0.24
                                                                  =======          =======          =======          =======


DILUTED EARNINGS PER SHARE:

Net Income                                                        $   830          $ 1,441          $ 3,922          $ 3,330
                                                                  =======          =======          =======          =======

Weighted average number of common shares outstanding               14,306           13,787           14,209           13,713

Weighted average options and warrants to purchase common                                                                    
     Stock as determined by the treasury method                       707              650              806              655

Weighted average number of common shares outstanding as                                                                      
     Adjusted                                                      15,013           14,437           15,015           14,368
                                                                  =======          =======          =======          =======

Diluted earning per share                                         $  0.06          $  0.10          $  0.26          $  0.23
                                                                  =======          =======          =======          =======

</TABLE>
#### ARNOLD, ET AL. v. THE STATE.

(Decided December 10, 1913.)

Appeal from Jefferson Criminal Court.

Heard before Hon. William E. Port.

No counsel marked for appellant.

R. C. Brickell, Attorney General, for the State.

Sayre, J.

— -No bill of exceptions, and no error in the record.
Document







Exhibit 10.3
February 21, 2020
Angela Thedinga
Re: Promotion
Dear Angela,
Congratulations on a successful year at Adverum! This year has been eventful and challenging for all of us here at Adverum. We have met the huge challenge of scaling our business all while keeping our lab running efficiently and with integrity. We sincerely could not have done it without you.
As we review your performance in 2019 and look forward to continued growth and success in 2020 we are pleased to inform you that you have been selected for a promotion. Effective February 21, 2020, your new job title is Chief Technical Officer. This promotion comes with a salary increase resulting in a new base salary of $374,000. In addition to the increase in your salary, your target bonus percentage for 2020 has increased from 30% to 40%.
We are also excited to reward your performance with a bonus in the amount of $51,000.00.
In addition, Adverum’s Board of Directors has awarded you additional equity options as Incentive Stock Options (“ISO’s”) in recognition of your 2019 Performance Review and contributions to the success and growth of Adverum. Specifically, you have been awarded 150,000 ISO’s.
The ISO’s will vest and become exercisable as follows: subject to you continuing employment with the Company through each vesting date, 25% of the shares of common stock subject to the award of the Option shall vest on the first anniversary of the vesting commencement date (the date of the equity award) and 1/48th of the total shares granted shall vest and become exercisable monthly following such anniversary such that the entire award shall be vested and exercisable on the fourth anniversary of the vesting commencement date. The Option shall be subject to the other terms and conditions set forth in the Company’s 2017 Inducement Plan and the Company’s standard form of Nonstatutory Stock Option Agreement. You should consult with your own tax advisor concerning the risks associated with accepting the Option.
We look forward to another great year with you at Adverum.
Sincerely,
															
					
	/s/ Leone Patterson				
	Leone Patterson				
	Chief Executive Officer				
					
					




Adverum Biotechnologies, Inc.
800 Saginaw Drive Redwood City, CA, 94063
##### 



Exhibit 31.1 SECTION 302
CERTIFICATION OF CHIEF EXECUTIVE OFFICER I, Jon L. Gorney, certify that: 1. I have reviewed this annual report on Form 10-K of National Processing,
Inc.; 2. Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this report; 3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects
the financial condition, results of operations and cash flows of the registrant
as of, and for, the periods presented in this report; 4. The registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those
entities, particularly during the period in which this report is being
prepared; b) Evaluated the effectiveness of the registrants disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and c) Disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants most
recent fiscal quarter that has materially affected, or is reasonably likely
to materially affect, the registrants internal control over financial
reporting; and 5. The registrants other certifying officer and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to
the registrants auditors and the audit committee of the registrants board of
directors: a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant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 registrants internal control
over financial reporting. Date: March 11, 2004
    
    By: /s/ JON L. GORNEYJon L. GorneyChairman and Chief Executive Officer
II

105TH CONGRESS

2D SESSION S. 1781

To suspend temporarily the duty on phosphonic acid, [[(phosphonomethyl)imino]bis[2,1-ethanediylnitrilobis-(methylene)]]tetrakis-, sodium

salt.

IN THE SENATE OF THE UNITED STATES

MARCH 17, 1998

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

the Committee on Finance

A BILL

To suspend temporarily the duty on phosphonic acid,

[[(phosphonomethyl)imino]bis[2,1-ethanediylnitrilobis-

(methylene)]]tetrakis-, sodium salt.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PHOSPHONIC ACID, [[(PHOSPHONO4 METHYL)IMINO]BIS[2,1-ETHANEDIYL5 NITRILOBIS(METHYLENE)]]TETRAKIS-, SO6 DIUM SALT.

7 (a) IN GENERAL.—Subchapter II of chapter 99 of

8 the Harmonized Tariff Schedule of the United States is
2

•S 1781 IS

1 amended by inserting in numerical sequence the following

2 new heading:

‘‘ 9902.31.12 Phosphonic acid,

[[(phosphonomethyl)-

imino]bis[2,1-

ethanediylnitrilobis(methylene)]]tetrakis-,

sodium salt (CAS

No. 22042–96–2)

(provided for in

subheading

2931.00.90) ....... Free No change No change On or before

12/31/2001 ’’.

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

4 subsection (a) applies with respect to articles entered, or

5 withdrawn from warehouse for consumption, on or after

6 the 15th day after the date of enactment of this Act.

Æ
#### EX PARTE IRWIN.

(Decided November 27, 1913.)

Certiorari to Court of Appeals.

W. K. Terry, for petitioner.

No counsel marked, contra.

McClellan, J.-

— Writ denied.
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Rose Core, * From the 362nd District

Court of Denton County,

 Trial Court No. 2011-40013-362.

Vs. No. 11-13-00040-CV * February 27, 2015

Citibank (South Dakota), N.A. * Memorandum Opinion by Bailey, J.

now merged into Citibank, N.A., (Panel consists of: Wright, C.J.,

 Bailey, J., and McCall,

 sitting by assignment)

 (Willson, J., not participating)

This court has inspected the record in this cause and concludes that there 

is no error in the judgment below. Therefore, in accordance with this court’s 

opinion, the judgment of the trial court is in all things affirmed. The costs 

incurred by reason of this appeal are taxed against Rose Core.
#### Samuel T. GINDES, et ux., et al., petitioners, v. UNITED STATES.

No. 84-737.

Supreme Court of the United States.

Dec. 3, 1984.

Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit.

Denied.
# L_2009204EN.01004401.xml

| 6.8.2009 | EN | Official Journal of the European Union | L 204/44 |
| --- | --- | --- | --- |

6.8.2009

EN

Official Journal of the European Union

L 204/44

---

Corrigendum to Commission Regulation (EC) No 649/2009 of 23 July 2009 adapting certain fish quotas for 2009 in the context of the year-to-year management of fishing quotas

(
  Official Journal of the European Union L 192 of 24 July 2009
  )

On page 22, in the Annex, row ESP, ALF/3X14- Alfonsinos, headed column ‘Revised quota 2009’:

for:

‘
  74
  ’,

read:

‘
  76
  ’.

---