alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Leo Levy et al., Appellants, v Country Lake Homes, Inc., Respondent.

In an action, *inter alia,*to recover damage *71for fraud, and for specific performance of alleged terms of certain leases, the plaintiffs appeal from an order of the Supreme Court, Orange County (Isseks, J.), dated June 24, 1986, which granted the defendant’s motion to dismiss the action.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court, Orange County, that the action should be dismissed but for reasons other than those stated by that court.

The claims arise out of a lease transaction whereby 106 prospective lessees learned through brochures distributed by the defendant that they could rent a house for a period of five years and then exercise an option to purchase if they could first obtain subdivision approval for the houses. The representations in the brochures were confirmed by an alleged corporate officer who allegedly assured the plaintiffs that they would be able to obtain subdivision approval in the future. Five years later the plaintiffs informally inquired about the possibility of obtaining subdivision approval based upon a “cluster type” plan and were informed by members of the appropriate planning board that they could gain approval for the plan only if they acquired certain additional adjoining land owned by the corporate officer.

The record indicates that the plaintiffs have failed to set forth any cause of action against the defendant. In the first cause of action, the plaintiffs seek a declaration that they are entitled to the conveyance of the adjoining land, free of charge, under the terms of their leases. However, the provisions of the leases, which are unambiguous, do not provide a basis for granting this relief to the plaintiffs *(cf., Hallock v State of New York,*32 NY2d 599; *Board of Coop. Educ. Servs. v Goldin,*38 AD2d 267, *lv denied*30 NY2d 486). Further, the second cause of action is based, in pertinent part, upon the alleged representations made by the defendant, through its corporate officer, regarding, *inter alia,*the probability of obtaining subdivision approval in the future and the availability of certain facilities for use by the plaintiffs. However, the complaint and evidentiary material submitted in support thereof fail to allege or set forth any factual assertions from which it may be inferred that the alleged representations were known to be false and that there was justifiable reliance upon those representations *(see, e.g., Lanzi v Brooks,*54 AD2d 1057, *affd*43 NY2d 778, *mot to amend remittitur granted*43 NY2d 947, *rearg denied*44 NY2d 733; *Glassman v Catli,*111 *72AD2d 744). Thompson, J. P., Lawrence, Eiber and Spatt, JJ., concur.
CMF

IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 18-0597

STATE OF MONTANA,

Plaintiff and Appellee,

v.

VAUGHN DAVID JAMES,

Defendant and Appellant.

GRANT OF EXTENSION

Upon consideration of Appellee’s motion for a 30-day extension of time, 

and good cause appearing therefor, Appellee is granted an extension of time to 

and including December 24, 2021, within which to prepare, serve, and file its 

response brief.

Electronically signed by:

Bowen Greenwood

Clerk of the Supreme Court

November 15 2021

11/15/2021

Case Number: DA 18-0597
Cour t of Appeals of Indiana | Opinion on Rehearing 18A

- CT

- 2883 | S e ptember 12, 2019 Page 1 of 2 OPINION ON REHEARING



### A TTORNEY S FOR 

### A PPELLANT Daniel H. Pfeifer James P. Barth Jeffrey J. Stesiak South Bend, Indiana 

### A TTORNEY FOR 

### A PPELLEE Robert J. Palmer Mishawaka, Indiana



### IN THE 

# COURT OF APPEALS OF INDIANA

Linda Martinez, as the Personal Representative of the Estate of Roy Martinez, Appellant

- Plaintiff,

v. 

### Oaklawn Psychiatric Center, Inc., Appellee

- Defendant

. September 12, 2019 Court of Appeals Case No. 18A

- CT

- 2883 Appeal from the St. Joseph Superior Court The Honorable Jenny Pitts Manier, Judge Trial Court Cause No. 71D05

- 1803

- CT

- 140



### Mathias , Judge.

[1] 

### Linda Martinez, as the Personal Representative of the Estate of Roy Martinez, has filed a petition for rehearing, which we grant for the limited purpose of clarifying our July 12, 2019 opinion.[2] 

### In her petition, Martinez claims that there is a genuine issue of material fact concerning whether Roy Martinez or Kennedy Kafatia began the physical altercation that resulted in Roy’s death. We agree that this fact is disputed, however, it is not material to our conclusion that the Estate’s claim falls within the scope of the M edical M alpractice A ct.

[3] 

### Subject to this clarification, we affirm our opinion in all other respects.

Robb, J., and Altice, J ., concur.
#### In the Matter of Sean C., Appellant.

At the trial, the 11-year-old complainant testified that as a result of appellant’s attack on him, he was "hurting badly” and was confined to bed for a period of approximately one month. His hospital records, which were admitted into evidence, established that he suffered from soft-tissue damage on his abdominal walls. This we find was sufficient to establish that he suffered physical injury as is defined by Penal Law § 10.00 (9) and was further sufficient to establish physical injury, an element of robbery in the second degree (Penal Law § 160.10 [2] [a]) and assault in the second degree (Penal Law § 120.05 [6]) as charged. Furthermore, we note that contrary to the appellant’s assertions, the Trial Judge’s brief question of the complainant regarding his injuries did not deny the appellant his right to a fair trial. This questioning was directed at clarifying the complainant’s previous ambivalent testimony and was asked to insure that a just determination was reached *(see, People v Yut Wai Tom,*53 NY2d 44, 56-57; *People v Cruz,*100 AD2d 518). Thompson, J. P., Weinstein, Rubin and Spatt, JJ., concur.
**CERTIFICATION**

**OF**

**CHIEF        EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER**

|                                        |                                                 |                                 |
|---------------------------------------------|------------------------------------------------------|--------------------------------------|
| Date: November                14, 2005 |                                                 | /s/ Douglas                Abel |
|                                        | Douglas                Abel                          |
|                                        | President                and Chief Executive Officer |

|                                             |                                                                              |                                          |
|---------------------------------------------|-----------------------------------------------------------------------------------|-----------------------------------------------|
| Date: November                14, 2005 |                                                                              | /s/ Nicholas                J. Rossettos |
|                                        | Nicholas                J. Rossettos                                              |
|                                        | Chief                Financial Officer and Chief Operating                Officer |

----
USGS 11512000 - FALL C A COPCO, CALatitude: 41.975Longitude: -122.363Elevation: None

USGS 11512000 - FALL C A COPCO, CA

Courtesy NRCS - Go to Annie Springs Site Page...



Annie Springs

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Crazyman Flat

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Swan Lake Mtn

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Sun Pass

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Howard Prairie

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Billie Creek Divide

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Chemult Alternate

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Cold Springs Camp

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Fourmile Lake

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Quartz Mountain

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Sevenmile Marsh

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Summer Rim

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Taylor Butte
##### 



Exhibit 99.1

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 Hyperion Solutions Corporation (the
Company) on Form 10-Q for the period ended December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Jeffrey R. Rodek, Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C. section 1350, as adopted pursuant to section 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 results of operations
of the Company.

Dated: February 7, 2003

|                                                              
|--------------------------------------------------------------
|/s/ JEFFREY R. RODEK

Jeffrey R. Rodek
Chief Executive Officer
| datetime   | total release      |
|------------|--------------------|
| 2013-11-24 | 2.31               |
| 2013-11-25 | 2.51               |
| 2013-11-26 | 2.64               |
| 2013-11-27 | 2.77               |
| 2013-11-28 | 2.8                |
| 2013-11-29 | 2.71               |
| 2013-11-30 | 2.7                |
| 2013-12-01 | 2.66               |
| 2013-12-02 | 2.8200000000000003 |
| 2013-12-03 | 3.21               |
| 2013-12-04 | 3.51               |
| Exhibit      32. | Certification      of Principal Executive Officer and Principal Financial    Officer |
|------------------|--------------------------------------------------------------------------------------|

|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | /s/ William E. Ladin,Jr.               |
|--------|----------------------------------------|
|   | William      E. (Billy) Ladin, Jr.     |
|   | Chief      Executive Officer and Chief |
|   | Financial      Officer                 |
|   | Date:      May 13, 2010                |

----
#### CRITTENDEN et al., Respondents, v. LANGNECHT, Appellant.

(Supreme Court, General Term, Fifth Department.

January 18, 1894.)

Action by T. Franklin Crittenden and others against Barbara Langnecht.

No opinion. Motion to dismiss appeal upon the ground of the nonservice of printed papers granted, unless the appellant cause the papers to be served on or before the first Saturday of the term, and pay the respondent $10 costs of the motion.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from 
the financial statements of National Surgery Centers for the nine months ended 
September 30, 1997 and is qualified in its entirety by reference to such
financial statements. 
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                         DEC-31-1997
<PERIOD-START>                            JAN-01-1997
<PERIOD-END>                              SEP-30-1997
<CASH>                                     13,995,000 
<SECURITIES>                               13,368,000 
<RECEIVABLES>                              22,715,000 
<ALLOWANCES>                                4,555,000 
<INVENTORY>                                 3,577,000 
<CURRENT-ASSETS>                           51,364,000       
<PP&E>                                     52,804,000      
<DEPRECIATION>                             14,720,000
<TOTAL-ASSETS>                            165,329,000      
<CURRENT-LIABILITIES>                      10,447,000    
<BONDS>                                    11,318,000  
<PREFERRED-MANDATORY>                               0 
<PREFERRED>                                         0 
<COMMON>                                      183,000 
<OTHER-SE>                                132,206,000       
<TOTAL-LIABILITY-AND-EQUITY>              165,329,000         
<SALES>                                    73,295,000          
<TOTAL-REVENUES>                           73,295,000          
<CGS>                                      45,852,000          
<TOTAL-COSTS>                              54,455,000          
<OTHER-EXPENSES>                            3,771,000       
<LOSS-PROVISION>                                    0      
<INTEREST-EXPENSE>                            688,000       
<INCOME-PRETAX>                            14,381,000       
<INCOME-TAX>                                5,369,000      
<INCOME-CONTINUING>                         9,012,000      
<DISCONTINUED>                                      0  
<EXTRAORDINARY>                                     0      
<CHANGES>                                           0  
<NET-INCOME>                                9,012,000 
<EPS-PRIMARY>                                    0.48 
<EPS-DILUTED>                                    0.48 
        

</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         Heart, Lung, and Blood Initial Review Group; NHLBI Mentored Clinical and Basic Science Study Section.                    

*Date:*                         October 28-29, 2021.                    

*Time:*                         10:30 a.m. to 7:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, 6705 Rockledge Drive, Bethesda, MD 20817 (Virtual Meeting).                    

*Contact Person:*                         Rajiv Kumar, Ph.D., Chief Office of Scientific Review/DERA, National Heart, Lung, and Blood Institute, 6705 Rockledge Drive, Bethesda, MD 20892, (301) 827-4612,                         *rajiv.kumar@nih.gov*.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)

Dated: September 8, 2021.

David W. Freeman,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2021-19708 Filed 9-13-21; 8:45 am]

BILLING CODE 4140-01-P
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

RONDAN KEITH, ) ) Appellant, ) ) v. ) Case No. 2D18-922 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed February 27, 2019. Appeal from the Circuit Court for Lee County; J. Frank Porter, Judge. Howard L. Dimmig, II, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

KHOUZAM, Judge.

We affirm the judgment and sentence but remand for the trial court to correct a scrivener's error. Rondan Keith was charged in the information with violating section 784.048(4), Florida Statutes (2016), but was adjudicated guilty in the judgment of violating section 784.048(7). On remand, the trial court shall correct the judgment to reflect the statutory subsection Keith was charged with violating.- 2 - Remanded with directions.

SALARIO and BADALAMENTI, JJ., Concur.
#### In the Matter of Corrine Brathwaite, Petitioner, v David L. Gunn, Respondent.

— Proceeding pursuant to CPLR article 78 to review a determination of the New York City Transit Authority, dated November 9, 1984, which, after a hearing, terminated the petitioner’s employment.

*306Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner was collecting fares at a subway token booth when, unbeknownst to her, two supervisors began observing her actions. As a result of those observations and a subsequent audit of the token booth funds, the petitioner was accused of making unauthorized hand collections and of converting $260 in Transit Authority funds to her own use. After a hearing at which the two supervisors testified, the charges were upheld and the petitioner was dismissed from employment. Although the testimony of the petitioner and supervisors at the hearing was conflicting, it is for the agency to determine which testimony to accept or reject. Our review is limited to the question of whether there is substantial evidence to support the agency’s determination *(see, Matter of Collins v Codd,*38 NY2d 269). Here the agency has met that burden. Considering the nature of the charges, we do not find the penalty of dismissal to be an abuse of the agency’s discretion *(see, Matter of Pell v Board of Educ.,*34 NY2d 222). Thompson, J. P., Niehoff, Rubin and Eiber, JJ., concur.
PAGE 1 - WAIVER OF APPEARANCE AT ARRAIGNMENT ON 

SUPERSEDING INDICTMENT [F.R.Crim.P. 10(b)] 

h:\kjar, wesley - 1285\waiver - arraignment.docx 3/10/2016 

James F. Halley, P.C. 

Attorney At Law 

The Strowbridge Bldg.  735 S.W. First Ave., 2d. Floor 

Portland, OR 97204-3326 

Tel: (503) 295-0301 Fax: (503) 228-6551 

jimhalley@halleylaw.com

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 vs. 

WESLEY KJAR, 

 Defendant 

No 3:16-cr-00051-BR-18 

WAIVER OF APPEARANCE AT 

ARRAIGNMENT ON SUPERSEDING 

INDICTMENT 

[F.R.Crim.P. 10(b)] 

 Pursuant to F.R.Crim.P. 10(b) and by his signature below, defendant Wesley Kjar 

hereby: 

1. acknowledges receipt of the superseding indictment in this case dated 

March 8, 2016; 

2. elects to proceed as named; 

3. waives advice of rights, having already been advised of his rights when 

arraigned on March 2, 2016 in United States v. Wesley Kjar, U.S. District 

Court, Oregon, docket no. 3:16-cr-00064-JO-02 (CR 61); 

4. waives reading of the indictment; 

5. reserves the right to move against the indictment at a later date; 

6. waives his personal appearance at an arraignment on the superseding 

James F. Halley, OSB 91175 

JAMES F. HALLEY, P.C. 

The Strowbridge Building 

735 SW First Ave., 2nd Floor 

Portland, OR 97204 

503/295-0301; 503/228-6551 (fax) 

jimhalley@halleylaw.com

Attorney for Defendant Wesley Kjar 

Case 3:16-cr-00051-BR Document 315 Filed 03/17/16 Page 1 of 2
indictment; and 

7. asks the court to enter a not guilty plea and to set a jury trlal date. 

Date: March )7_, 2016 ~ ~ Wesley K' r 

Date: March 10, 2016 JAMES F. HALLEY, P.C. 

/s/ James F. Halley 

James F. Halley, OSB #91-175 

Attorney for Wesley Kjar 

PAGE 2 -WAIVER OF APPEARANCE AT ARRAIGNMENT ON 

SUPERSEDING INDICTMENr [F.R.Crim.P. 10(b)] 

h:\kjar, wesley- 1265\waiver • arraignment.docx 311012016 

Jame' F. Halley. P.C :\JL\.lrncy r\t Li!W 

Th'" s~rtiwhridgi.: Rid~,.;-~~ s.w fir~•.-\\/(;. ;ci. HoN 

f>ortland, ui;;t ~7~{J-l-J_1 ~6 

T~I: ($OJ) ::!'.l'j-UJOt F,1:.:; 1~l1-1~ ~-='~·Lr::dl 

iim.!:J:1lk-_1··'.g.'°1<1~ 

Case 3:16-cr-00051-BR Document 315 Filed 03/17/16 Page 2 of 2