alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Thomas G. Baggett, Respondent, v State of New York, Appellant.

(Claim No. 71161.)

Memorandum: The failure to serve a notice of intention to file claim upon the Attorney-General in the manner required by law is a fatal jurisdictional defect *(see, Byrne v State of New York,*104 AD2d 782, *lv denied*64 NY2d 607). At the time claimant attempted to serve the notice of intention upon the Attorney-General, Court of Claims Act § 11 required that a copy of the notice of intention be "served” upon the Attorney-General unless the Clerk of the Court of Claims "delivered” a copy to the Attorney-General within the statutory time period. No proof was submitted that the Clerk of the Court of Claims made such a delivery.

Although Court of Claims Act § 11 does not, *in haec verba,*require personal service, the CPLR provisions governing practice in Supreme Court apply *(see,*Court of Claims Act § 9 [9]). The CPLR requires personal service (CPLR 307, 308; *Matter of Scott v Coughlin,*111 AD2d 480, *lv denied*65 NY2d 606; *Matter of Harlem Riv. Consumers Coop. v State Tax Commn.,*44 AD2d 738, *affd*37 NY2d 877). Hence, service of a copy of *970the notice of intention by ordinary mail was insufficient to acquire personal jurisdiction over the State, and the claim must be dismissed. (Appeal from order of Court of Claims, Lowery, J. — dismiss claim.) Present — Dillon, P. J., Denman, Green, Pine and Balio, JJ.
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                                                                    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 Chinawe.com Inc. (the
"Company") on Form 10-QSB for the period ended June 30, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Man
Keung Wai, 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 Exchange Act of 1934; and

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

Date:  August 14, 2006

/s/ Man Keung Wai
-----------------
Man Keung Wai
Chief Executive Officer

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Chinawe.com Inc. and will be
retained by Chinawe.com Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
```
#### The State *against*James Webster.

An indictment for selling liquor by small measure, which only alleges that the defendant did not obtain a license according to the act concerning inns and taverns, is insufficient and will be quashed.

This indictment had been quashed by the Court of Quarter Sessions of the county of Somerset, for insufficiency, and was thereupon removed by the prosecutor for the state, into this court by *certiorari.*The indictment was in the following words:

*“*Somerset County, *ss.*The grand inquest for the state of New Jersey, and for the body of the county of Somerset upon their oath present: That James Webster late of the township of Bridgewater, in the said county of Somerset, on the twenty-fifth day of December, in the year of our Jjord one thousand eight hundred and twenty-seven, at the township of Bridgewater aforesaid in said county, and within the jurisdiction of this court, with force and arms, &c., did sell, and knowingly cause and permit to be sold for his own account and benefit, to one Abraham Van Duyn, one-half pint of ardent spirits, commonly called whiskey, the same being of less measure than one quart; he the said James Webster, not having first obtained a license for that purpose, from the Court of General Quarter Sessions of the Peace of said county of Somerset, in the manner directed by the act concerning Inns and Taverns, nor from the corporate authority of any city or borough, in which he resided, contrary to the form of the statute in such case made and provided, and against the peace of this state, the government and dignity of the same.”

*Hartwell*for the state, contended that the indictment was sufficient,

and cited 4 *Halst. Rep.*374; 2 *Hawk R. C.*357; 1 *Chit. Crim. Law*157; 1 *Halst. Rep.*173; *Arch. Cr. Law*28, 29.

*350
      *Vroom*and *J. S. Green,*contra.

Ch. Justice.

We are all of opinion that this indictment was rightly quashed by the Court of Quarter Sessions. The manner in which a license is obtained, is in part directed by the act of 1797, and in part by the act of 1820, and does not depend exclusively upon either. This indictment alleges, that the defendant did not obtain *“*a license in the manner directed by the act concerning inns and tavers.” To say that he had not obtained a license according to the act concerning inns and taverns (which is the act of 1797), is not sufficient, for that act does not alone prescribe the mode of obtaining license. It is in part prescribed by the act of '1820. Therefore to negative the former act only, is not sufficient.

We express no opinion as to the manner in which the indictment comes before us, as no objection has been made to the bringing of it here by *certiorari,*on the part of the state, after having been quashed in the Court of Quarter 'Sessions.

The quashing of the indictment affirmed.
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

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

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

I, Nicholas R. Schacht, 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 period ended March 30, 2007 fully complies with the requirements of Section 13(a) and 15(d) of the
Securities Exchange Act of 1934 and that the information contained in such Form 10-Q fairly presents in all material respects the financial condition and results of the operations of Learning Tree International, Inc.



Date:    August 29, 2007

By:

/s/ NICHOLAS R. SCHACHTName:

Nicholas R. SchachtTitle:

Chief Executive Officer


A signed original of this written statement required by Section 906 has been provided to the Company
and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
#### Martha Alicia CERNA AREBALO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 09-70831.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2011.*

Filed March 25, 2011.

Martha Alicia Cerna Arebalo, Riverside, CA, pro se.

Juan Antonio Laguna, Law Offices of Juan A. Laguna, Santa Ana, CA, for Petitioner.

Juria L. Jones, Trial, OIL, Don George Scroggin, Esquire, Trial Luis E. Perez, Senior Litigation Counsel, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

*651MEMORANDUM **

Martha Alicia Cerna Arebalo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reissue the BIA’s previous decision denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and review de novo claims of due process violations. *Hernandez-Velasquez v. Holder,*611 F.3d 1073, 1077 (9th Cir.2010). We deny the petition for review.

The BIA did not abuse its discretion or violate due process in denying Cerna Arebalo’s motion to reissue, where it concluded that the evidence submitted was insufficient to rebut the presumption of proper mailing. *See Singh v. Gonzales,*494 F.3d 1170, 1172-73 (9th Cir.2007) (BIA is obligated to consider and address the evidence submitted by petitioner); *see also Lata v. INS,*204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for petitioner to prevail on a due process claim).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
1 

UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD 

_________________________________ 

UNITED STATES COAST GUARD, 

Complainant, 

vs. 

SHAWN MAROUL, 

Respondent. 

_________________________________ 

Docket Number 2022-0383 

CG Enforcement Activity Number 7770808 

CONSENT ORDER 

Issued: November 17, 2023 

By: Honorable George J. Jordan, Administrative Law Judge 

Appearances: 

Savanna Vandehei 

Marine Safety Unit Texas City 

For The Coast Guard 

Shawn Maroul, Pro se

For The Respondent 
2 

CONSENT ORDER APPROVING SETTLEMENT AGREEMENT 

 On October 27, 2023, the parties in this case submitted a Motion for Approval of 

Settlement Agreement and Entry of Consent Order to be approved as a settlement of the case 

under 33 C.F.R. § 20.502. 

 I have carefully reviewed the terms of the Settlement Agreement and find it is fair and 

reasonable and in substantial compliance with the requirements of 33 C.F.R. § 20.502. 

ORDER 

 Upon consideration of the record, it is hereby ORDERED, the Settlement Agreement is 

APPROVED in full and incorporated herein by reference. This Consent Order shall constitute 

full, final, and complete adjudication of this proceeding. 

SO ORDERED. 

Done and dated November 17, 2023, 

Seattle, Washington 

_______________________________ 

George J. Jordan

Administrative Law Judge 

United States Coast Guard
**Exhibit
13.1**





**CERTIFICATION
OF CHIEF EXECUTIVE OFFICER**


**PURSUANT
TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO**


**SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002**





The
undersigned, Ernesto Bertarelli, the Vice-Chairman of the Board, Managing
Director and Chief Executive Officer of Serono S.A. (the "Company"), has
executed this certification in connection with the filing with the Securities
and Exchange Commission of the Company's Annual Report on Form 20-F for the
Fiscal Year ended December 31, 2004 (the "Report").





The
undersigned hereby certifies that:





(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.









/s/ Ernesto BertarelliErnesto
      BertarelliVice-Chairman
      of the Board,Managing
      Director and Chief Executive Officer





Date:
March 16, 2005
**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 Quarterly Report of Southern Peru Copper Corporation (the “Company”) on Form 10-Q for the period ending June 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, J. Eduardo González Félix, Vice President, Finance 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:

 

(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/ J. Eduardo González Félix            |
|---------------------------|----------------------------------------------------|
|                      | J. Eduardo González Félix                |
|                      | Vice President, Finance and ChiefFinancial Officer |
| Date: August 5, 2005 |                                               |

 

 

A signed original of this written statement required by section 906 has been provided to Southern Peru Copper Corporation and will be retained by Southern Peru Copper Corporation and furnished to the Securities and Exchange Commission or its staff upon request.

 

----
IN THE SUPREME COURT OF THE STATE OF MONTANA No. 23 - 0731 STATE OF MONTANA,

Plaintiff and Appellee, v. BILLY JOE ROGERS,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including May 29, 202 4 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

April 23 2024

04/23/2024
Case Number: DA 23-0731
***Exhibit 12.1***

*** ***

**CERTIFICATION**

 

I, Gad Tobaly certify that:

 

1.               I have reviewed this amendment to theannual report of InfoVista S.A. on Form 20-F for the period ended June 30,2004, as filed with the Securities and Exchange Commission on the date hereof(the “Amendment”); and

 

2.               Based on my knowledge, this Amendmentdoes not contain any untrue statement of a material fact or omit to state amaterial fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period ended June 30, 2004.

 

 
| Date:  April 15, 2005 | **By:**                               | **/s/ Gad Tobaly** |   |
|----------------------------|---------------------------------------|--------------------|--------|
| *** ***               | ***Name: Gad Tobaly***                |
| *** ***               | ***Title: Chief Executive  Officer*** |

 

----
EAST CANYON RESERVOIRLatitude: 40.92Longitude: -111.601Elevation: 5667

EAST CANYON RESERVOIR

Courtesy NRCS - Go to Farmington Lower Site Page...



Farmington Lower

Courtesy NRCS - Go to Morgan Site Page...



Morgan

Courtesy NRCS - Go to Brighton Site Page...



Brighton

Courtesy NRCS - Go to Farmington Site Page...



Farmington

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



Lookout Peak

Courtesy NRCS - Go to Mill-D North Site Page...



Mill-D North

Courtesy NRCS - Go to Parleys Summit Site Page...



Parleys Summit

Courtesy NRCS - Go to Thaynes Canyon Site Page...



Thaynes Canyon

Courtesy NRCS - Go to Parleys Upper Site Page...



Parleys Upper

Courtesy NRCS - Go to Hardscrabble Site Page...



Hardscrabble

Courtesy NRCS - Go to Parrish Creek Site Page...



Parrish Creek

Courtesy NRCS - Go to Louis Meadow Site Page...



Louis Meadow
(September 29, 1987)

#### The People of the State of New York, Respondent, v Aurea Nieves, Appellant.

sJudgment, Supreme Court, New *329York County (Herbert Altman, J., at sentence; Peter McQuillan, J., at plea), rendered on November 13, 1985, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted. *(See, Anders v California,*386 US 738; *People v Saunders,*52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal. Concur — Murphy, P. J., Ross, Asch, Rosenberger and Smith, JJ.
EXHIBIT 32

             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 Whitelight Technologies, Inc.
(the "Company") on Form 10-KSB for the year ended December 31, 2003, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned principal executive officer and principal
financial officer of the Company, hereby certifies 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.

Date:  March 29, 2004

/s/ Eric C. Bronk
Eric C. Bronk, President and Treasurer
(Principal executive officer
and principal financial officer)
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM RAYTEL
MEDICAL CORPORATION AND SUBSIDIARIES FINANCIAL STATEMENTS AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               MAR-31-2000
<CASH>                                           6,207
<SECURITIES>                                         0
<RECEIVABLES>                                   35,845<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                45,493
<PP&E>                                          48,278
<DEPRECIATION>                                  27,667
<TOTAL-ASSETS>                                 115,865
<CURRENT-LIABILITIES>                           15,344
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             9
<OTHER-SE>                                      73,738
<TOTAL-LIABILITY-AND-EQUITY>                   115,865
<SALES>                                              0
<TOTAL-REVENUES>                                48,513
<CGS>                                                0
<TOTAL-COSTS>                                   44,465
<OTHER-EXPENSES>                                    29
<LOSS-PROVISION>                                     0<F2>
<INTEREST-EXPENSE>                               1,101
<INCOME-PRETAX>                                  2,918
<INCOME-TAX>                                     1,138
<INCOME-CONTINUING>                              1,780
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,780
<EPS-BASIC>                                     0.20
<EPS-DILUTED>                                     0.20
<FN>
<F1>Represents net receivables
<F2>Included in <Total Costs>
</FN>


</TABLE>
# C_2022342EN.01031501.xml

| 6.9.2022 | EN | Official Journal of the European Union | C 342/315 |
| --- | --- | --- | --- |

6.9.2022

EN

Official Journal of the European Union

C 342/315

---

P9_TA(2022)0020

Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean: accession of the European Union ***

European Parliament legislative resolution of 15 February 2022 on the draft Council decision concerning the accession of the European Union to the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean (12617/2021 — C9-0420/2021 — 2021/0184(NLE))

(Consent)

(2022/C 342/28)

The European Parliament,

| — | having regard to the draft Council decision (12617/2021), |
| --- | --- |

—

having regard to the draft Council decision (12617/2021),

| — | having regard to Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean (12617/2021 ADD 1), |
| --- | --- |

—

having regard to Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean (12617/2021 ADD 1),

| — | having regard to the request for consent submitted by the Council in accordance with Article 43 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C9-0420/2021), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 43 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C9-0420/2021),

| — | having regard to Rule 105(1) and (4), and Rule 114(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(1) and (4), and Rule 114(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Fisheries (A9-0008/2022), |
| --- | --- |

—

having regard to the recommendation of the Committee on Fisheries (A9-0008/2022),

| 1. | Gives its consent to the draft Council decision; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and to the government of the Republic of Korea, as the depository for the Convention. |
| --- | --- |

2.

---