alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Muriel Portnow et al., Appellants, v Shelter Rock Public Library, Respondent.

— In an action to recover damages for personal injuries, etc., the plaintiffs appeal from (1) so *383much of an order of the Supreme Court, Nassau County (Robbins, J.), dated September 13, 1985, as denied that branch of their motion which requested leave to serve a supplemental bill of particulars, and (2) so much of an order of the same court, entered November 7, 1985, as granted the defendant’s motion for reargument, denied that branch of the plaintiffs’ prior motion which was to increase the ad damnum clause and vacated so much of the order dated September 13, 1985, as granted that relief.

Ordered that the order dated September 13, 1985, is reversed insofar as appealed from, and the plaintiffs’ proposed supplemental bill of particulars is deemed served; and it is further,

Ordered that the order entered November 7, 1985, is modified by adding a provision thereto that the plaintiffs’ application to increase the ad damnum clause is denied without prejudice to renewal of the application upon proper papers. As so modified, the order entered November 7, 1985, is affirmed insofar as appealed from; and it is further,

Ordered that the plaintiffs are awarded one bill of costs.

The plaintiffs’ supplemental bill of particulars alleged no new injuries, and therefore they were entitled to serve the defendant with it as a matter of right up to 30 days before trial (CPLR 3043 [b]). We find the plaintiffs’ amendment of the notice of claim to include head injuries within the 90-day statutory notice period was proper *(see,*General Municipal Law § 50-e [2]). Moreover, the head injuries appeared in the original bill of particulars and, thus, in the supplemental bill, did not constitute an allegation of new injuries.

With regard to the plaintiffs’ application to increase the ad damnum clause, they were required to submit a physician’s affidavit *(see, Dolan v Garden City Union Free School Disk,*113 AD2d 781, 785; *Brennan v City of New York,*99 AD2d 445). If they be so advised, they may renew the application based upon an affidavit which should pertain "to a recent physical examination of the [injured] plaintiff, specifying the change or deterioration of [her] condition, the injuries which had not been considered previously or the extent to which [her] condition has been aggravated” *(Brennan v City of New York, supra,*at p 446). In addition, "since [the injured] plaintiff claims an undervaluation of the original *ad damnum,*sufficient factual and medical support should be furnished to afford the court an opportunity to render an informed determination that the original amount demanded is now insuffi*384cient and that a re-evaluation is necessary” *(Brennan v City of New York, supra,*at p 446). Mollen, P. J., Bracken, Brown and Sullivan, JJ., concur.
#### In the Matter of Kenneth Cardona, Appellant, v Jean L. Vantassel, Respondent.

[946 NYS2d 876]

In a visitation proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Suffolk County (Boggio, Ct. Atty. Ref.), dated June 17, 2011, which, without a hearing, dismissed the petition.

Ordered that the order is affirmed, without costs or disbursements.

“ ‘[T]he determination of visitation is within the sound discretion of the hearing court based upon the best interests of the child, and its determination will not be set aside unless it lacks a substantial basis in the record’ ” *(Matter of McLean v Simpson,*82 AD3d 1101, 1101 [2011], quoting *Matter of Kachelhofer v Wasiak,*10 AD3d 366 [2004] [citations omitted]; *see Matter of*
      *1053
      *Smith v Smith,*92 AD3d 791, 793 [2012]; *Matter of Franklin v Richey,*57 AD3d 663, 665 [2008]). “Absent exceptional circumstances, some form of visitation with the noncustodial parent is always appropriate” *(Matter of Franklin v Richey,*57 AD3d at 664, quoting *Matter of McFarland v Smith,*53 AD3d 500, 500 [2008] [internal quotation marks omitted]; *see Weiss v Weiss,*52 NY2d 170, 175 [1981]). “While a parent’s incarceration, standing alone, does not make visitation inappropriate” *(Matter of Marcial v Sullivan,*296 AD2d 551 [2002]; *see Matter of Davis v Davis,*232 AD2d 773 [1996]; *Matter of Wise v Del Toro,*122 AD2d 714, 714-715 [1986]), “ ‘visitation will be denied where there is substantial evidence that such visitation would be detrimental to the child’ ” *(Matter of Smith v Smith,*92 AD3d at 792, quoting *Matter of Morales v Bruno,*29 AD3d 1001 [2006]; *see Matter of McLean v Simpson,*82 AD3d at 1101; *Matter of Marcial v Sullivan,*296 AD2d at 551).

“Generally, [visitation should be decided after a full evidentiary hearing to determine the best interests of the children]. A hearing is not necessary, however, where the court possesses adequate relevant information to make an informed determination of the children’s best interests” *(Matter of Johnson v Alaji,*74 AD3d 1202, 1203 [2010] [internal quotation marks and citations omitted]).

Here, there is a substantial basis in the record to support a finding that visitation with the father would not be in the child’s best interests *(see Matter of McLean v Simpson,*82 AD3d at 1102; *Matter of Butler v Ewers,*78 AD3d 1667 [2010]; *Matter of Johnson v Alaji,*74 AD3d at 1203).

The father’s remaining contentions are without merit.

Accordingly, the father’s petition was properly dismissed. Rivera, J.P., Dickerson, Hall and Cohen, JJ., concur.
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION
1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Charles R. Waldron,
certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the quarterly report of Learning Tree International, Inc. on Form 10-Q for the quarter ended December 31, 2010
fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Form 10-Q fairly presents in all material respects the financial condition and results of operations of
Learning Tree International, Inc.



|                 |  |  |  |  |  |     |  |                          
|---------------- |  |  |  |  |  | --- |  | -------------------------
|February 8, 2011 |  |  |  | 
|                 |  |  |  | 
|                 |  |  |  |  |  | By: |  | /s/    CHARLES R.
WALDRON
|                 |  |  |  |  |  |     |  | Charles R. Waldron       
|                 |  |  |  |  |  |     |  | Chief Financial Officer  

A signed original of this written statement required by Section 906 has been provided to Learning Tree International, Inc. and will be retained by Learning Tree International, Inc. and furnished to
the Securities and Exchange Commission or its staff upon request.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 March 9, 2016

t0308

Order 

Clerk

March 9, 2016

153085

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellant,

v SC: 153085

COA: 330390 

Oakland CC: 2015-255117-FH

BRANDON RENAR SMITH,

Defendant-Appellee. 

_________________________________________/

On order of the Court, the application for leave to appeal the January 22, 2016 

order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of 

granting leave to appeal, we REMAND this case to the Court of Appeals for 

consideration as on leave granted. We note that a similar issue is presented in People v 

English (Docket No. 153084), which we remanded to the Court of Appeals for 

consideration as on leave granted by order dated March 9, 2016.
July 24, 1998

==============================================================================
                        Heads of Agreement 
==============================================================================

        The purpose of this document is to outline a working heads of 
agreement between Jyra Research Inc [Jyra] and Siemens Nixdorf 
Informationssysteme AG , Switzerland [SNI] - Business Unit Network Systems.

        SNI will resell and support the Jyra service Management Architecture
 products. This will entail full support to SNI customers in Switzerland 

        SNI will receive 40% discount on all software product including 
software upgrades. No discount will apply to Consultancy  and training. 
Discounts will be made from the published European list price.

        SNI will be able to demonstrate the Jyra product and will purchase 
demonstration software at 55% discount, limited to one system per SNI office.

       Jyra will provide initial training to sales and technical personnel , 
up to five days, free of charge Thereafter courses will be charged at normal 
rates.

        Jyra will provide support to SNI by fax, telephone and e-mail during 
the standard working days between 09.00 and 18.00. GMT

       After an initial period of 3 months Siemens will provide a short 
business plan detailing the expected business opportunity for the following 
year.

        This agreement will be reviewed in 6 months time, thereafter it will 
automatically be renewed on a yearly basis. Three months notice is required by 
either party to terminate the agreement. 

Signed on behalf of Jyra Research Inc


By: /s/ Paul Robinson 
______________________
Mr Paul Robinson 
Chief Executive

Signed on behalf of SNI 

By: /s/ Urs Iten

Mr Urs Iten




                                        73
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Exhibit 10.3(c)





Exhibit 10.3(c)




SEVENTH AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT

AGREEMENT




THIS SEVENTH AMENDMENT (this “Amendment”) is made as of the 30th day of March, 2010 to that
certain AMENDED AND RESTATED EMPLOYMENT AGREEMENT, dated as of May 15, 2002, as amended
(collectively, the “Employment Agreement”), by and between DAVID E. ULLMAN (“Employee”) and JOS. A.
BANK CLOTHIERS, INC. (“Employer”).



FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby
acknowledged, Employer and Employee, being the sole parties to the Employment Agreement, hereby
amend the Employment Agreement and agree as follows:



1. Subject to earlier termination otherwise set forth in the Employment Agreement, the last
day of the Employment Period shall be January 28, 2012.



2. Effective on the day on which general salary increases, if any, become effective for other
employees of the Employer for fiscal 2010, Employee’s Base Salary shall be $465,000.



Except as specifically amended hereby, the Employment Agreement shall remain in full force and
effect according to its terms. To the extent of any conflict between the terms of this Amendment
and the terms of the remainder of the Employment Agreement, the terms of this Amendment shall
control and prevail. Capitalized terms used but not defined herein shall have those respective
meanings attributed to them in the Employment Agreement. This Amendment shall hereafter be deemed a
part of the Employment Agreement for all purposes. The terms of employment set forth in this
Amendment have been approved by the Compensation Committee of the Board of Directors of the
Employer.



IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above
written.



JOS. A. BANK CLOTHIERS, INC.



	 	 	 	 	 	 	 
	By :

	 	/s/ CHARLES D. FRAZER
	 	 	 	/s/ DAVID E. ULLMAN
	 

	 	 
	 	 	 	 
	 

	 	Charles D. Frazer,
	 	 	 	DAVID E. ULLMAN
	 

	 	Senior Vice President—General Counsel
# C_2021497EN.01002001.xml

| 10.12.2021 | EN | Official Journal of the European Union | C 497/20 |
| --- | --- | --- | --- |

10.12.2021

EN

Official Journal of the European Union

C 497/20

---

Special report No 25/2021

ESF support to combat long-term unemployment: Measures need to be better targeted, tailored and monitored

(2021/C 497/07)

The European Court of Auditors hereby informs you that special report No 25/2021

ESF support to combat long-term unemployment: ‘Measures need to be better targeted, tailored and monitored’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors’ Internet: http://eca.europa.eu

---
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```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 246 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 246

      To improve the response to victims of child sex trafficking.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2015

Mrs. Beatty (for herself and Mr. Fitzpatrick) introduced the following 
    bill; which was referred to the Committee on Education and the 
                               Workforce

_______________________________________________________________________

                                 A BILL

 
      To improve the response to victims of child sex trafficking.

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

SECTION 1. RESPONSE TO VICTIMS OF CHILD SEX TRAFFICKING.

    Section 404(b)(1)(P)(iii) of the Missing Children's Assistance Act 
(42 U.S.C. 5773(b)(1)(P)(iii)) is amended by striking ``child 
prostitution'' and inserting ``child sex trafficking, including child 
prostitution''.
                                 <all>
```
[865 NE2d 1, 832 NYS2d 893]

#### The People of the State of New York, Respondent, v Orlando Melendez, Appellant.

Argued February 15, 2007;

decided March 22, 2007

*887APPEARANCES OF COUNSEL

*Edward J. Nowak, Public Defender,*Rochester *(Brian Shiffrin*of counsel), for appellant.

*Michael C. Green, District Attorney,*Rochester *(Arthur G. Weinstein*of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

During the testimony of a non-English-speaking witness, the trial court required defendant’s court-appointed interpreter to stand at the back of the courtroom and interpret for the entire court, rather than solely for defendant. The constitutional issues defendant raises — including the violation of his right to counsel, his right to be present and his right to participate in his own defense — were not presented to the trial court and are thus not preserved for our review. Defendant’s remaining contentions regarding alleged inaccurate translation of complainant’s testimony and faulty instructions to the grand jury are without merit.

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

Order affirmed in a memorandum.
EXHIBIT 31.1

                        SECTION 302 CERTIFICATion OF CEO

I, Li Xiangqian,  Chief  Executive  Officer of China BAK Battery,  Inc.  (f.k.a.
Medina Coffee, Inc.), certify that:

1. I have  reviewed  this  report on Form  10-KSB/A of China BAK  Battery,  Inc.
(f.k.a. Medina Coffee, 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(s)  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 (the registrant's  fourth fiscal quarter in the case of an
annual  report)  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(s) 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 registrant'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  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.


 /s/ Li Xiangqian
-----------------------
Li Xiangqian
Chief Executive Officer
June 22, 2005