alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Harry O. Brown, Appellant, v Petracca & Son, Inc., Defendant and Third-Party Plaintiff-Respondent. Pelham Fence Company, Inc., Third-Party Defendant-Respondent.

The defendant Petracca & Son, Inc. entered into a contract with New York State for the construction of a security fence around a State correctional facility; Petracca & Son, Inc. then subcontracted the job to the third-party defendant Pelham Fence Company, Inc. The plaintiff, an ironworker with Pelham Fence Company, Inc., was employed on that job on February 7, 1980, when he fell from a scaffold, incurring injuries.

*773The scaffold was composed of pipe secured to a flatbed truck; approximately 7 or 8 14-foot long planks were secured to the scaffold with rope. The plaintiff testified that as he walked across the scaffold, two of the planks "slid down”, he fell to the bed of the truck directly below, and the boards came down after him. While there were no other witnesses to the actual fall, the plaintiff’s supervisor and foreman, Doug Deal, testified that he heard the sound of the fall and, upon turning, observed the plaintiff lying on the truck bed, with two planks hanging down on him. The planks were still attached to the tail end of the scaffold, but had become dislodged and fallen from the scaffold’s front end.

The defendant did not present evidence directly controverting the plaintiff’s evidence; rather, the defense sought to suggest that the fall could have occurred by a slip and fall off the edge of the scaffold, and that such a fall could have caused the subsequent dislodging of the planks.

The only issues for the jury were whether the scaffold provided "proper protection” to the plaintiff pursuant to Labor Law § 240 (1), and, if not, whether the failure was a proximate cause of his injury. We conclude that the jury’s determination that the scaffold afforded proper protection to the workers should be reversed as contrary to the weight of the evidence *(see,*CPLR 4404 [a]; *Cohen v Hallmark Cards,*45 NY2d 493, 500; *Nicastro v Park,*113 AD2d 129). The evidence was strong that the planks slipped from the scaffold to which they ought to have been properly secured. Furthermore, there was no basis for the inference that they were dislodged due to some cause other than improper construction. It is unlikely that the planks would have become dislodged from the scaffold if the scaffold had been properly constructed *(see, Braun v Dormitory Auth.,*118 AD2d 614). Additionally, the implication by the defendant’s counsel that responsibility for the accident lay with the plaintiff for choosing to use the scaffold rather than a ladder or for failing to check the condition of the scaffold, could have affected the jury’s determination although such considerations are in fact irrelevant under Labor Law § 240 *(see, Crawford v Leimzider,*100 AD2d 568, 569). Mollen, P. J., Brown, Weinstein and Rubin, JJ., concur.
EXHIBIT 32.1

                                  CERTIFICATION
                                       OF
               CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

      Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, each of the undersigned officers of Manhattan
Pharmaceuticals, Inc. do hereby certify that:

            (a) the Quarterly Report on Form 10-QSB of Manhattan
Pharmaceuticals, Inc. for the quarter ended September 30, 2003 (the "Report:)
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and

            (b) information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of
Manhattan Pharmaceuticals, Inc.


Dated: November 15, 2004     /s/ Leonard Firestone
                             ---------------------------------------------------
                             Leonard Firestone
                             President and Chief Executive Officer


Dated: November 15, 2004     /s/ Nicholas J. Rossettos
                             ---------------------------------------------------
                             Nicholas J. Rossettos
                             Chief Financial Officer and Chief Operating Officer
Exhibit 31.1

SECTION 302 CERTIFICATION

I, Paul C. Hudson, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Broadway Financial Corporation;

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
small business issuer as of, and for, the periods presented in this report;

4. The small business issuers other certifying officer
and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(c) and 15d-15(e)) for the small business issuer 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 small business issuer, 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 small business issuer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 small business issuers internal control over financial reporting that occurred during the small business issuers most recent fiscal quarter that has materially affected, or is
reasonably likely to materially affect, the small business issuers internal control over financial reporting; and

5. The small
business issuers other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuers auditors and the audit committee of the small business
issuers board of directors (or persons performing the equivalent functions):

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 small business issuer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 small business issuers
internal control over financial reporting.

Date: August 14, 2006



|                              
|------------------------------
|                              
|/s/ Paul C. Hudson            
|Signature                     
|Paul C. Hudson                
|Chief Executive Officer       
|Broadway Financial Corporation
FORT SUMNER IRRIGATION DISTRICT LOWER DRAINLatitude: 34.352Longitude: -104.174Elevation: 4048

FORT SUMNER IRRIGATION DISTRICT LOWER DRAIN

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



Wesner Springs

Courtesy NRCS - Go to Elk Cabin Site Page...



Elk Cabin

Courtesy NRCS - Go to Santa Fe Site Page...



Santa Fe
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 Quarterly Report of LaSalle Re Holdings Limited (the
"Company") on Form 10-Q for the period ending June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, W.
Marston Becker, Acting 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 and Exchange Act of 1934; and

      (2) The information contained in the Report fairly represents, in all
      material respects, the financial condition and results of operations of
      the Company.

Date: August 27, 2003


                                                           /s/ W. Marston Becker
                                                           ---------------------
                                                               W. Marston Becker
                                                  Acting Chief Executive Officer

A signed original of this written statement required by Section 906 has been
provided to LaSalle Re Holdings Limited and will be retained by LaSalle Re
Holdings Limited and furnished to the Securities and Exchange Commission or its
staff upon request.


                                       43
#### Marshall Sonn et al. *v.*Planning Commission of the City of Bristol et al.

*Bichard M. Gorr,*in support of the petition.

*Edward T. Lynch, Jr.,*in opposition.

Submitted February 24

decided March *4,*1975

The petition by the defendants Anthony P. Margonelli et al. for certification for appeal from the Court of Common Pleas in Hartford County is granted.
What we hope happens 

every time, everywhere
A fan-eddy complex includes (1) an area of ponded flow upstream from a 

debris fan, (2) a rapid opposite the debris fan, (3) an area where flow width 

expands and an eddy occurs, and (4) a gravel bar further downstream.

Adapted from Schmidt and 

Rubin (1995)
Monitoring 

framework
There are 

different styles 

of topographic 

change caused 

by HFEs. Each 

fan-eddy 

complex does 

not respond 

the same way.

Hazel at al, 2010
Eddies occur adjacent to rapids 

and the flow in the eddy is 

related to the flow characteristics 

in the rapid. Sand bars were 

typically larger before the dam.

Measured depth averaged horizontal 

velocities at peak flow during 2008 HFE

(Wright and Kaplinski, 2010)
Deposition rates of sand in eddies is 

partly determined by the 

concentration of sand transported by 

the river. Concentrations change with 

time. 
Grain size changes

The size of the sand in suspension also may 

change with time.
Longitudinal changes in sand concentration tell us about 

the locations of deposition and evacuation zones

What controls the concentration of suspended sand 

and its longitudinal gradient?

how much sand?

sand grain size

longitudinal changes in turbulent forces
0.6

0.7

0.8

0.9

1.0

1.1

1.2

1.3

1.4

M

e

dia

n

Volu

m

e

R

elative to

Fe

bru

ary 19

9

6

Volu

m

e (m3)

Year

0

10,000

20,000

30,000

40,000

50,000

M

e

a

n

D

aily

Dis

c

h

arg

e

fro

m

Gle

n

C

a

n

yo

n

D

a

m(ft

3/s)

1996 1998 2000 2002 2004 2006

1996 HFE

2004 HFE

2008 HFE

1990 1992 1994 2008 2010

2000

LSSF

Long-term average size of sand deposits along the channel margin depends on 

how much deposition occurs during each flood, how much erosion occurs 

between each flood, and how frequently the floods occur
These are all hypothetical trajectories of long-term sand bar change. 

We are hoping for the best, which can be accomplished by any 

scenario where the aggregate amount to sand deposited by floods 

exceeds the aggregate amount of erosion that occurs in the 

intervening times.
# C_2010060EN.01000201.xml

| 11.3.2010 | EN | Official Journal of the European Union | C 60/2 |
| --- | --- | --- | --- |

11.3.2010

EN

Official Journal of the European Union

C 60/2

---

COUNCIL DECISION

of 8 March 2010

appointing two Maltese members of the Advisory Committee on Freedom of Movement for Workers

2010/C 60/03

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1), and in particular Articles 26 and 27 thereof,

1

Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,

Whereas:

| (1) | By its Decisions of 25 September 2008 (2), of 13 October 2008 (3) and of 25 May 2009 (4), the Council appointed the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 25 September 2008 to 24 September 2010, with the exception of certain members including the Maltese members in the category of employers’ organisation representatives. |
| --- | --- |

(1)

By its Decisions of 25 September 2008 (2), of 13 October 2008 (3) and of 25 May 2009 (4), the Council appointed the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 25 September 2008 to 24 September 2010, with the exception of certain members including the Maltese members in the category of employers’ organisation representatives.

2

3

4

| (2) | The Maltese Government has submitted nominations for two posts to be filled, |
| --- | --- |

(2)

The Maltese Government has submitted nominations for two posts to be filled,

HAS DECIDED AS FOLLOWS:

Sole Article

The following are hereby appointed members of the Advisory Committee on Freedom of Movement for Workers for the period ending on 24 September 2010:

EMPLOYERS’ REPRESENTATIVES

| Country | Members | Alternates |
| --- | --- | --- |
| Malta | Mr Joshua ZAMMIT
  Mr Reginald FAVA | |

Country

Members

Alternates

Malta

Mr Joshua ZAMMIT

Mr Reginald FAVA

Done at Brussels, 8 March 2010.

For the Council

The President

C. CORBACHO

---

(1)  OJ L 257, 18.10.1968, p. 2.

1

(2)  OJ C 253, 4.10.2008, p. 7.

2

(3)  OJ C 264, 17.10.2008, p. 5.

3

(4)  OJ C 123, 3.6.2009, p. 11.

4

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-8470

CHRISTOPHER ALLEN TODD, 

 Plaintiff – Appellant, 

 v. 

GREGORY KNOWLIN, Warden; CORPORAL JONES, Officer; OFFICER 

TOLLER, 

 Defendants – Appellees, 

 and 

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, 

 Defendant. 

Appeal from the United States District Court for the District of 

South Carolina, at Beaufort. G. Ross Anderson, Jr., Senior 

District Judge. (9:07-cv-03990-GRA) 

Submitted: April 20, 2009 Decided: May 11, 2009 

Before GREGORY, SHEDD, and AGEE, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Christopher Allen Todd, Appellant Pro Se. Erin Mary Farrell, 

Daniel Roy Settana, Jr., MCKAY, CAUTHEN, SETTANA & STUBLEY, PA, 

Columbia, South Carolina, for Appellees. 

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Christopher Allen Todd appeals the district court’s 

order accepting the recommendation of the magistrate judge and 

denying relief on his 42 U.S.C. § 1983 (2000) complaint. We 

have reviewed the record and find no reversible error. 

Accordingly, we affirm the district court’s order. Todd v. 

Knowlin, No. 9:07-cv-03990-GRA (D.S.C. Nov. 3, 2008). We 

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process. 

AFFIRMED
**Exhibit 23.2**

  

Independent Registered Public Accounting Firm’s Consent

 

We consent to the incorporation by reference in the Registration Statements of Altair Nanotechnologies Inc. and its Subsidiaries (the “Company”) on Post-effective Amendment No 1 to Form S-8, File Numbers 333-64495, 333-125863 and 333-149882, of our report, which includes an explanatory paragraph as to the Company’s ability to continue as a going concern, dated November 15, 2016, with respect to our audits of the consolidated financial statements of Altair Nanotechnologies Inc. and its Subsidiaries as of December 31, 2015, 2014 and 2013 and for the years then ended, which report is included in this Annual Report on Form 10-K of Altair Nanotechnologies Inc. and its Subsidiaries for the year ended December 31, 2015.

 

/s/ Marcum llp

 

Marcum llp

New York, NY

November 15, 2016
[865 NE2d 1, 832 NYS2d 893]

#### The People of the State of New York, Respondent, v Magnus Dallas, Appellant.

Argued February 8, 2007;

decided March 22, 2007

APPEARANCES OF COUNSEL

*Bryan Law Firm,*Syracuse *(Bruce R. Bryan*and *Paul A. Carey*of counsel), for appellant.

*891
      *William J. Fitzpatrick, District Attorney,*Syracuse *{James P. Maxwell*and *Audra Albright*of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the County Court should be affirmed.

Defendant challenges a search of his apartment conducted under the “emergency” doctrine. We stated the elements of that doctrine in *People v Mitchell*(39 NY2d 173, 177-178 [1976]) as follows:

> “(1) The police must have reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property.

> “(2) The search must not be primarily motivated by intent to arrest and seize evidence.

> “(3) There must be some reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched.”

The applicability of the emergency doctrine “involves a mixed question of law and fact” *(People v Molnar,*98 NY2d 328, 335 [2002]). The courts below found that the three elements required by *Mitchell*were present, and their determination is supported by the record. Thus, “any further review is beyond this Court’s jurisdiction” *{id.).*We have no occasion to consider whether our holding in *Mitchell*should be modified in light of the Supreme Court’s decision in *Brigham City v Stuart*(547 US —, 126 S Ct 1943 [2006]).

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith and Pigott concur; Judge Jones taking no part.

Order affirmed in a memorandum.
##### 



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 March 31, 2003 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: May 14, 2003

/s/ JEFFREY R. RODEK

Jeffrey R. Rodek
Chief Executive Officer
# C_2009137EN.01000201.xml

| 17.6.2009 | EN | Official Journal of the European Union | C 137/2 |
| --- | --- | --- | --- |

17.6.2009

EN

Official Journal of the European Union

C 137/2

---

COUNCIL DECISION

COUNCIL DECISION

of 15 June 2009

appointing one Spanish member and one Spanish alternate member of the Committee of the Regions

2009/C 137/02

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal of the Spanish Government,

Whereas:

| (1) | On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1). |
| --- | --- |

(1)

On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

1

| (2) | A member's seat on the Committee of the Regions has become vacant following the expiry of the mandate of Mr Emilio PÉREZ TOURIŇO. An alternate member's seat has become vacant following the expiry of the mandate of Mr Julio César FERNÁNDEZ MATO, |
| --- | --- |

(2)

A member's seat on the Committee of the Regions has become vacant following the expiry of the mandate of Mr Emilio PÉREZ TOURIŇO. An alternate member's seat has become vacant following the expiry of the mandate of Mr Julio César FERNÁNDEZ MATO,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

| (a) | as member:






  — | Mr Alberto NUŇEZ FEIJOO, Presidente de la Xunta de Galicia, Galicia, |
| --- | --- | --- |

(a)

as member:

—

Mr Alberto NUŇEZ FEIJOO, Presidente de la Xunta de Galicia, Galicia,

and

| (b) | as alternate member:






  — | Mr Jesús GAMALLO ALLER, Director General de Relaciones Exteriores y con la Unión Europea, Galicia, |
| --- | --- | --- |

(b)

as alternate member:

—

Mr Jesús GAMALLO ALLER, Director General de Relaciones Exteriores y con la Unión Europea, Galicia,

Article 2

This Decision shall take effect on the day of its adoption.

Done at Luxembourg, 15 June 2009.

For the Council

The President

J. ŠEBESTA

---

(1)  OJ L 56, 25.2.2006, p. 75.

1

---
# Fourth Court o f Appeals

San Antonio, Texas

January 6, 2020

No. 04

- 19

- 00776

- CV

IN RE STATE OF TEXAS , ex. rel. Todd A. “ Tadeo ” Durden, County Attorney

Original Mandamus Proceeding 1

ORDER

Sitting: Patricia O. Alvarez , Justice

Irene Rios , Justice

Liza A. Rodriguez , Justice

On December 4 , 201 9 , this court issued an opinion d ismissing relator’ s petition for writ

of mandamus as moot . On December 20

, 201 9 , relator filed a motion for rehearing and the real

parties in interest filed an objection

. After considering the arguments raised by relator and the

real par t ies in interest, the motion for re hearing is here by DENIED. Costs and sanctions

requested by t he real parties in interest are DENIED.

It is so ORDERED on January 6, 2020

.

PER CURIAM

ATTESTED TO: _____________________________

Michael A. Cruz,

Clerk of Court

1 This proceeding arises out of Cause No. 4845, 4863, 4866 , styled The State of Texas, ex. rel. Todd A. Durden, in

His Official Capacity as County Attorney v. James T. “ Tully ” Shahan, in His Official Capacity as County Judge; et

al. , pending in the 63rd Judicial District Court

, Kinney County, Texas, the Honorable Sid L. Harle presiding.
STRAITS DRAIN AT F-FFLatitude: 42.08Longitude: -121.844Elevation: 4100

Straits Drain at F-FF

Courtesy NRCS - Go to Lynhart Ranch Site Page...



Lynhart Ranch
AGKO - AGENCY LAKELatitude: 42.565Longitude: -121.982Elevation: None

AGKO - Agency Lake

Courtesy NRCS - Go to Cold Springs Camp Site Page...



Cold Springs Camp

Courtesy NRCS - Go to Fourmile Lake Site Page...



Fourmile Lake

Courtesy NRCS - Go to Sevenmile Marsh Site Page...



Sevenmile Marsh