alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v *975John Grossman, Appellant.

We have examined defendant’s remaining contentions and find them to be without merit.

All concur, except Callahan, J. P., who dissents and votes to affirm in the following memorandum.

Callahan, J. P.

(dissenting). I cannot concur with the majority that expert testimony was required to determine whether the actions of the defendant created a grave risk of death. The admissibility and bounds of expert testimony are addressed primarily to the sound discretion of the trial court *(Selkowitz v County of Nassau,*45 NY2d 97). "It is for the trial court in the first instance to determine when jurors are able to draw conclusions from the evidence based on their day-to-day experience, their common observation and their knowledge, and when they would be benefited by the specialized knowledge of an expert witness.” *(People v Cronin,*60 NY2d 430, 433.) Expert testimony is not required to prove that defendant’s conduct in turning on gas jets on the kitchen stove, closing all the windows of the house, lighting a candle and leaving the victim bound and gagged in his house, could create "a grave risk of death”. (Appeal from judgment of Supreme Court, Monroe County, Boehm, J. — robbery, first degree, and reckless endangerment, first degree.) Present — Callahan, J. P., Doerr, Boomer, Lawton and Schnepp, JJ.
<PAGE>
 
TERRACE HOLDINGS, INC.
--------------------------------------------------------------------------------

EXHIBIT 11
--------------------------------------------------------------------------------

<TABLE>
<CAPTION> 
                                                                             March 31,
                                                                             ---------
                                                                        1 9 9 8     1 9 9 7
                                                                        -------     -------
<S>                                                                     <C>         <C>
Weighted average:
 Weight Average Shares Outstanding Disregarding Potentially Dilutive
  Common Stock Purchased Warrants                                       5,111,383   4,306,400

 Plus incremental shares from assumed conversion:
  Convertible Preferred Stock                                           2,800,000
 
 Assuming Conversion of Warrants [1]                                           --          --
                                                                        ---------   ---------
 
 Common Shares Outstanding                                              7,911,383   4,306,400
                                                                        =========   =========

 Income [Loss] for Fully Diluted Calculations                           $ 136,774   $(401,404)
                                                                        =========   ========= 

 Basic Income[Loss] Per Common Share                                    $     .03   $    (.09)
                                                                        =========   ========= 

 Diluted Income [Loss] Per Common Share                                 $     .02   $    (.09)
                                                                        =========   ========= 
</TABLE>

[1] Warrants to purchase common shares are excluded from the calculation as
they are considered anti-dilutive.  However, if effect was given to the exercise
of all such warrants, common shares outstanding would have been increased by
9,240,800.
Exhibit 2

Case 3:16-cv-00088-SI Document 1-2 Filed 01/19/16 Page 1 of 2
Case 3:16-cv-00088-SI Document 1-2 Filed 01/19/16 Page 2 of 2
TODDS., I 

Plaintiff, 

vs. 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

EUGENE DIVISION 

Case No. 6:15-cv-02400-SU 

ORDER 

COMMISIONER OF SOCIAL SECURITY, 

Defendant. 

AIKEN, District Judge: 

Magistrate Judge Patricia Sullivan filed her Findings and Recommendation ("F &R") ( doc. 

33) on January 28, 2019 recommending that the Court grant plaintiffs Motion for Approval of 

Attorney Fees pursuant to 42 U.S.C. 406(b ). ( doc. 31) This case is now before me. See 28 U.S.C. 

§ 636(b)(l)(B) and Fed. R. Civ. P. 72(b). 

No objections have been timely filed. Although this relieves me of my obligation to 

perform a de novo review, I retain the obligation to "make an informed, final decision." Britt v. 

1 In the interest of privacy, this opinion uses only the first name and the initial of the last 

name of the non-governmental party or patties in this case. Where applicable, this opinion uses 

the same designation for a non-governmental party's immediate family member. 

PAGE 1-0RDER 
Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983), overruled on other grounds, 

United States v. Reyna-Tapia, 328 F.3d 1114, 1121-22 (9th Cir. 2003) ( en bane). The Magistrates 

Act does not specify a standard of review in cases where no objections are filed. Ray v. Astrue, 

2012 WL 1598239, *l (D. Or. May 7, 2012). Following the recommendation of the Rules 

Advisory Committee, I review the F&R for "clear en-or on the face of the record[.]" Fed. R. Civ. 

P. 72 advisory committee's note (1983) (citing Campbell v. United States District Court, 501 F.2d 

196,206 (9th Cir. 1974)); see also United States v. Vonn, 535 U.S. 55, 64 n.6 (2002) (stating that, 

"[i]n the absence of a clear legislative mandate, the Advisory Committee Notes provide a reliable 

source of insight into the meaning of' a federal rule). 

Having reviewed the file of this case and Magistrate Judge Sullivan's order, I find no clear 

etrnr. Thus, I adopt Magistrate Judge Sullivan's F&R (doc. 33) in its entirety. Accordingly, the 

Motion for Attorney Fees ( doc. 31) is GRANTED. The Clerk shall enter a formal order awarding 

fees as outlined in the F &R. 

IT IS SO ORDERED. 

Dated this 26th day of March, 2019. 

Ann Aiken 

United States District Judge 

PAGE 2 -ORDER
Exhibit
23.1





Consent
of Independent Registered Public Accounting Firm





The Board
of Directors and Stockholders


The
Ultimate Software Group, Inc.:




We
consent to the incorporation by reference (i) in the registration statements
(No. 333-107527 and No. 333-115894) on Forms S-3 of The Ultimate Software Group,
Inc. (the “Company”) and (ii) the registration statements (No. 333-55985, No.
333-91332, No. 333-125076 and No. 333-142972) on Forms S-8 of the Company of our
reports dated March 2, 2009, with respect to the consolidated balance sheets of
the Company as of December 31, 2008 and 2007, and the related consolidated
statements of operations, stockholders’ equity and comprehensive income (loss),
and cash flows for each of the years in the three-year period ended December 31,
2008, the related financial statement schedule, and internal control over
financial reporting as of December 31, 2008, which reports appear in the
December 31, 2008 Annual Report on Form 10-K of the Company.





As
discussed in Note 21 to the consolidated financial statements, the Company
changed its method of quantifying errors in 2006.





/s/ KPMG
LLP


KPMG LLP





March 2,
2009


Miami,
Florida


Certified
Public Accountants
Third District Court of Appeal

State of Florida 

Opinion filed June 26, 2024.

Not final until disposition of timely filed motion for rehearing.

________________

Nos. 3D23-0979, 3D24-0233

Lower Tribunal No. F12-15917

________________

Dwayne Lebarr,

Appellant,

vs.

The State of Florida,

Appellee.

Appeals under Florida Rule of Appellate Procedure 9.141(b)(2) from 

the Circuit Court for Miami-Dade County, Laura Anne Stuzin, Judge.

Dwayne Lebarr, in proper person.

Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant 

Attorney General, for appellee.

Before EMAS, LINDSEY, and MILLER, JJ. 

PER CURIAM.
2

Affirmed. See Lebarr v. State, 320 So. 3d 981 (Fla. 3d DCA 2021);

Lebarr v. State, 380 So. 3d 1150 (Fla. 3d DCA 2022).
Page 1 MOTION TO STRIKE CURRENT SENTENCING DATE

Mark Ahlemeyer, OSB No. 095997

Assistant Federal Public Defender

Email: mark_ahlemeyer@fd.org

101 SW Main Street, Suite 1700

Portland, OR 97204

Tel: (503) 326-2123

Fax: (503) 326-5524

Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

UNITED STATES OF AMERICA,

Plaintiff,

v.

JAMIE FAYE COBAT,

Defendant.

Case No. 3:16-cr-187-MO-1

MOTION TO STRIKE 

CURRENT SENTENCING

DATE

The defendant, Jamie Faye Cobat, through counsel, Mark Ahlemeyer, respectfully moves 

the Court to enter an order striking the sentencing hearing currently scheduled for January 5, 2018. 

The grounds for this motion are that Ms. Cobat, through counsel, will file a motion for a new trial 

forthwith. The new trial motion is based on the Supreme Court’s decision in Brady v. Maryland, 

373 U.S. 83 (1963), which held that the constitutional right to due process is violated where the 

government fails to disclose exculpatory evidence to the defense.

Case 3:16-cr-00187-MO Document 123 Filed 12/27/17 Page 1 of 2
Page 2 MOTION TO STRIKE CURRENT SENTENCING DATE

An order striking the current sentencing date is appropriate so that the defense motion can 

be fully briefed and litigated, and also to allow for any additional proceedings such as an 

evidentiary hearing. Once the Court has ruled on the motion, it will then be in a position to 

schedule further proceedings in this case, whether that be sentencing or a new trial.

RESPECTFULLY submitted this 27th day of December, 2017.

/s/ Mark Ahlemeyer

Mark Ahlemeyer

Assistant Federal Public Defender

Case 3:16-cr-00187-MO Document 123 Filed 12/27/17 Page 2 of 2
# L_2010124DE.01001002.xml

| 20.5.2010 | DE | Amtsblatt der Europäischen Union | L 124/10 |
| --- | --- | --- | --- |

20.5.2010

DE

Amtsblatt der Europäischen Union

L 124/10

---

Berichtigung des Beschlusses der Europäischen Zentralbank vom 10. Mai 2010 über die Verwaltung von der Griechischen Republik gewährten zusam engelegten bilateralen Krediten und zur Änderung des Beschlusses EZB/2007/7

(
  Amtsblatt der Europäischen Union L 119 vom 13. Mai 2010
  )

Amtsblatt der Europäischen Union L 119 vom 13. Mai 2010

Im Inhaltsverzeichnis und auf Seite 24 lautet der Titel wie folgt:

---
#### ALBRIGHT v. MANHATTAN RY. CO.

(Supreme Court, Appellate Division, First Department.

November 20, 1896.)

Action by Bettie Albright, as administratrix, against the Manhattan Railway Company.

No opinion. Motion granted, with $10 costs.
RIO CHAMA BELOW ABIQUIU DAMLatitude: 36.237Longitude: -106.418Elevation: 6156

RIO CHAMA BELOW ABIQUIU DAM

Courtesy NRCS - Go to Garita Peak Site Page...



Garita Peak

Courtesy NRCS - Go to Bateman Site Page...



Bateman

Courtesy NRCS - Go to Chamita Site Page...



Chamita

Courtesy NRCS - Go to Cumbres Trestle Site Page...



Cumbres Trestle

Courtesy NRCS - Go to Hopewell Site Page...



Hopewell
Exhibit 32.2

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 Steakhouse Partners, Inc. (the Company) on Form 10-K for the fiscal year ended December 31, 2007
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Joseph L. Wulkowicz, Vice President and Chief Financial 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 to my knowledge:

(1) The Report fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

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

This certification has not been, and shall not be deemed,
filed with the Securities and Exchange Commission.



|                     |  |  |  |                                                                                        
|-------------------- |  |  |  | ---------------------------------------------------------------------------------------
|                     |  | 
|Dated: April 8, 2008 |  |  |  | /S/ Joseph L. Wulkowicz                                                                
|                     |  |  |  | Joseph L. Wulkowicz                                                                    
|                     |  |  |  | Vice President and Chief Financial Officer (Principal
financial and accounting officer)
[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51218-51219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19796]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Public Notice of Surplus Property Release; Spokane International 
Airport, Spokane, Washington

AGENCY: Federal Aviation Administration (FAA), Transportation (DOT).

ACTION: Notice of request to release surplus property.

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

SUMMARY: Notice is being given that the FAA is considering a request 
from the City of Spokane, Washington and the County of Spokane, 
Washington, to waive the surplus property requirements for 
approximately 2.9 acres of airport property located at Spokane 
International Airport, in Spokane, Washington. The subject property is 
located away from the aeronautical area and currently includes two 
existing city water reservoirs located in the southeast section of the 
business park. This release will allow the City and the County to sell 
a portion of 1 parcel of airport property to the City of Spokane and to 
construct an additional potable water reservoir. There will be proceeds 
generated from the proposed release of this property for capital 
improvements at the airport. The City and County will receive not less 
than fair market value for the property and the revenue generated from 
the sale will be used for airport purposes. It has been determined 
through study that the subject partial parcel will not be needed for 
aeronautical purposes.

DATES: Comments are due within 30 days of the date of the publication 
of this notice in the Federal Register. Emailed comments can be 
provided to Ms. Mandi M. Lesauis, Program Specialist, Seattle Airports 
District Office, <a href="/cdn-cgi/l/email-protection#412c202f25286f2d243220342832012720206f262e37"><span class="__cf_email__" data-cfemail="b0ddd1ded4d99edcd5c3d1c5d9c3f0d6d1d19ed7dfc6">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Mandi M. Lesauis, Program Specialist,

[[Page 51219]]

Seattle Airports District Office, <a href="/cdn-cgi/l/email-protection#8ae7ebe4eee3a4e6eff9ebffe3f9caecebeba4ede5fc"><span class="__cf_email__" data-cfemail="e98488878d80c7858c9a889c809aa98f8888c78e869f">[email protected]</span></a>, (206) 231-
4140.

    Issued in Des Moines, Washington on September 9, 2021.
Warren D. Ferrell,
Acting Manager, Seattle Airports District Office.
[FR Doc. 2021-19796 Filed 9-13-21; 8:45 am]
BILLING CODE 4910-13-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### PEOPLE v. ST. NICHOLAS BANK. In re HOMANS et al.

(Supreme Court, General Term, First Department.

April 13, 1894.)

Appeal from special term, New York county.

Petition *by*Edward C. Homans and others for an order directing Hugh J. Grant, as. temporary receiver of the St. Nicholas Bank, to pay over to petitioners the sum of $11,900. The application was granted, and the receiver appeals. Reversed.

Argued before VAN BRUNT, P. J., and O’BRIEN and FOLLETT, JJ.

John M. Bowers, for appellant.

Edwin B. Smith, for respondents.

PER CURIAM.

In accordance with the views expressed in the case of People v. St. Nicholas Bank (In re Lathrop) 28 N. Y. Supp. 407 (decided herewith), the order appealed from should be reversed, and the application denied, with costs.
LOS PINOS RIVER NEAR ORTIZLatitude: 36.98Longitude: -106.074Elevation: 8026

LOS PINOS RIVER NEAR ORTIZ

Courtesy NRCS - Go to San Antonio Sink Site Page...



San Antonio Sink

Courtesy NRCS - Go to Bateman Site Page...



Bateman

Courtesy NRCS - Go to Hopewell Site Page...



Hopewell
LAKE NIGHTHORSELatitude: 37.224Longitude: -107.917Elevation: 6891

LAKE NIGHTHORSE

Courtesy NRCS - Go to Sharkstooth Site Page...



Sharkstooth

Courtesy NRCS - Go to Columbus Basin Site Page...



Columbus Basin

Courtesy NRCS - Go to Mancos Site Page...



Mancos
USGS 11530500 - KLAMATH R NR KLAMATH, CALatitude: 41.511Longitude: -123.978Elevation: None

USGS 11530500 - KLAMATH R NR KLAMATH, CA

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



Annie Springs

Courtesy NRCS - Go to Crazyman Flat Site Page...



Crazyman Flat

Courtesy NRCS - Go to Swan Lake Mtn Site Page...



Swan Lake Mtn

Courtesy NRCS - Go to Sun Pass Site Page...



Sun Pass

Courtesy NRCS - Go to Howard Prairie Site Page...



Howard Prairie

Courtesy NRCS - Go to Big Red Mountain Site Page...



Big Red Mountain

Courtesy NRCS - Go to Billie Creek Divide Site Page...



Billie Creek Divide

Courtesy NRCS - Go to Chemult Alternate Site Page...



Chemult Alternate

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 Quartz Mountain Site Page...



Quartz Mountain

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



Sevenmile Marsh

Courtesy NRCS - Go to Summer Rim Site Page...



Summer Rim

Courtesy NRCS - Go to Taylor Butte Site Page...



Taylor Butte
#### UNITED STATES of America, Plaintiff-Appellee, v. Angel SIERRA, also known as Fernando, Defendant-Appellant.

No. 06-41572

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

May 2, 2007.

*468Tracey M. Batson, Assistant U.S. Attorney, U.S. Attorney’s Office, Eastern District of Texas, Plano, TX, for PlaintiffAppellee.

Robert Jackson Herrington, Plano, TX, for Defendant-Appellant.

Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.

PER CURIAM: *

Angel Sierra appeals the sentence imposed following his guilty plea conviction for conspiracy to possess with the intent to distribute heroin where the offense resulted in a death. Sierra argues that the district court clearly erred by imposing a three level adjustment pursuant to U.S.S.G. § 3Bl.l(b) for his being a manager or supervisor of a criminal activity involving five or more participants. He contends that the evidence before the district court did not show that he managed or directed others.

According to the presentence report and the indictment, Sierra negotiated the sale of heroin with an undercover agent and instructed other individuals to deliver the heroin. Based on the facts presented in the indictment and the presentence report, we find that the district court did not clearly err in imposing the enhancement. *See United States v. Rose,*449 F.3d 627, 633 (5th Cir.2006).

Accordingly, the judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
#### MYERS et al. v. POLHEMUS.

(Supreme Court, Appellate Division, Third Department.

October 29, 1896.)

Action by John K. Myers and others against Josephine Polhemus.

No opinion. Motion denied, without costs to either party. See 38 N. Y. Supp. 1147, and 40 N. Y. Supp. 1146.
Exhibit 21.1

List of R&G Financial Corporations Subsidiaries

as of December 31, 2004



|                                            |  |                             
|------------------------------------------- |  | ----------------------------
|Name of Subsidiary                          |  | Jurisdiction ofIncorporation
|R-G Premier Bank of Puerto Rico             |  | Puerto Rico                 
|R&G Acquisition Holdings Corporation        |  | Florida                     
|R-G Crown Bank, FSB                         |  | Florida                     
|Continental Capital Corporation (1)         |  | New York                    
|R&G Mortgage Corp.                          |  | Puerto Rico                 
|The Mortgage Store of Puerto Rico, Inc. (1) |  | Puerto Rico                 
|R-G International Corporation               |  | Puerto Rico                 
|R-G Investments Corporation (1)             |  | Puerto Rico                 
|Home & Property Insurance Corp. (2)         |  | Puerto Rico                 

---

|(1) | Subsequently divested or dissolved, as further described in the amended 2004 Annual Report on Form 10-K/A in connection with which this exhibit is being filed.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------

|(2) | Known as R-G Insurance Corporation from September 2005.
|--- | -------------------------------------------------------
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 7
<LEGEND>
This schedule contains summary financial information extracted from the
condensed financial statements and related notes of Amerin Corporation and
Subsidiaries for the three and nine month periods ended September 30, 1997 and
is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<DEBT-HELD-FOR-SALE>                           356,522
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                           0
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 359,281
<CASH>                                           5,194
<RECOVER-REINSURE>                                   0
<DEFERRED-ACQUISITION>                           6,759
<TOTAL-ASSETS>                                 394,634
<POLICY-LOSSES>                                 27,079
<UNEARNED-PREMIUMS>                             24,098
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                      0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           262<F1>
<OTHER-SE>                                     335,205
<TOTAL-LIABILITY-AND-EQUITY>                   394,634
<PREMIUMS>                                      66,405
<INVESTMENT-INCOME>                             13,771
<INVESTMENT-GAINS>                                  62
<OTHER-INCOME>                                       0
<BENEFITS>                                      21,061
<UNDERWRITING-AMORTIZATION>                      7,923
<UNDERWRITING-OTHER>                            10,912
<INCOME-PRETAX>                                 40,342
<INCOME-TAX>                                    11,429
<INCOME-CONTINUING>                             28,913
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    28,913
<EPS-PRIMARY>                                     1.09
<EPS-DILUTED>                                     1.09
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0<F2>
<PROVISION-PRIOR>                                    0<F2>
<PAYMENTS-CURRENT>                                   0<F2>
<PAYMENTS-PRIOR>                                     0<F2>
<RESERVE-CLOSE>                                      0<F2>
<CUMULATIVE-DEFICIENCY>                              0<F2>
<FN>
<F1>Common stock at par value.
<F2>Available on an annual basis only.
</FN>
        

</TABLE>