alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Theresa Mendillo, as Administratrix of the Estate of Joseph Mendillo, Deceased, Appellant, v Joseph DeVito, Respondent.

In an action against an owner landlord for specific performance under a lease option allegedly allowing the plaintiff tenant to purchase the subject premises and for *221injunctive relief, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Coppola, J.), entered July 28, 1986, which, upon the defendant’s cross motion for summary judgment, dismissed the complaint, and vacated the plaintiff’s notice of pendency.

Ordered that on the court’s own motion, Theresa Mendillo, as administratrix of the estate of Joseph Mendillo, is substituted as the party plaintiff, and the caption is amended accordingly; and it is further,

Ordered that the judgment is reversed, on the law, with costs, and the defendant’s cross motion for summary judgment is denied.

The plaintiff’s decedent, the tenant Joseph Mendillo, a plumber by trade, and the defendant landlord, owner of the subject premises and also a layman, entered into a handwritten agreement which stated:

> "Jan. 15,1983

> "The lease between Joseph DeVito (landlord) and Joseph Mendillo (tenant) residing at 99 Bradley Road, Eastchester, N.Y. dated on March 17, 1979 has been extended for three years from this date. All terms and conditions remain the same except:

> "1. The seller agrees to sell to the purchaser the premises at 99 Bradley Road for 1983 at $80,000.00; in 1984 the price will be $83,000.00 and in 1985 the price will be $86,000.00.

> "/s/ Joseph DeVito

> LANDLORD

> "/s/ Joseph Mendillo tenant”.

It was error to grant summary judgment to defendant. There were triable issues of fact as to whether (as claimed by the plaintiff) the intent of the parties was that the option term and prices are coextensive with the lease term (Jan. 15, 1983 to Jan. 14, 1986), and, if so, the manner in which the plaintiff was required to exercise that option and whether or not he did in fact effectually exercise that option during that lease term *(see, Lauer v Dupreau, 87*AD2d 659, *affd*58 NY2d 814; *75 Jobs Lane Rest. Corp. v Arnold,*74 AD2d 623). Mollen, P. J., Thompson, Bracken and Brown, JJ., concur.
*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this opinion should not be published and is not precedent except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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

____________________

No. 97-20866

____________________

HI-PORT INCORPORATED 

Plaintiff - Appellant

v.

AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY;

AIG CLAIMS SERVICES INCORPORATED; AMERICAN INTERNATIONAL

SURPLUS LINES AGENCY INCORPORATED 

Defendants - Appellees

_________________________________________________________________

Appeal from the United States District Court

for the Southern District of Texas

(H-96-CV-3279) 

_________________________________________________________________

October 19, 1998

Before KING, GARWOOD, and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:*

The judgment of the district court is affirmed for essentially

the reasons given by the district court in its Memorandum Opinion

filed September 4, 1997. 

AFFIRMED.
First Department,

August, 1987

(August 6, 1987)

#### The People of the State of New York, Respondent, v Jorge Victorio, Appellant.

Judgement, Supreme Court, New York County (James J. Leff, J.), rendered May 28, 1985, convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and seventh degrees and sentencing him as a predicate felon to two concurrent indeterminate terms of imprisonment of from 4 Vi to 9 years and one definite term of 6 months, respectively, unanimously modified, on the law, to vacate the conviction of criminal possession of a controlled substance in the seventh degree and to dismiss the underlying charge (count three), and, except as thus modified, affirmed.

As the People concede, criminal possession of a controlled substance in the seventh degree, as charged in this case, is an inclusory concurrent offense of criminal possession of a controlled substance in the third degree. (CPL 1.20 [37]; 300.30 [4].) Thus, the conviction of criminal possession of a controlled *2substance in the seventh degree must be vacated and the underlying charge dismissed. (CPL 300.40 [3] [b]; *People v Holman,*117 AD2d 534.)

We have examined defendant’s other points and find that they are without merit. Concur—Murphy, P. J., Sullivan, Asch, Rosenberger and Wallach, JJ.
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway

Alton Thomas Davis, Justices

I, Corbin R. Davis, 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. 

 _________________________________________ 

 Clerk

September 27, 2010 

d0920 

Order 

 

September 27, 2010 

141308 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 141308 

 COA: 289299 

Wayne CC: 08-010348 

RAFAEL BASS, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the May 6, 2010 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 700 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 700

 To amend the Federal Water Pollution Control Act to extend the pilot 
             program for alternative water source projects.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2009

 Mr. McNerney (for himself and Mrs. Tauscher) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL

 
 To amend the Federal Water Pollution Control Act to extend the pilot 
             program for alternative water source projects.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy Communities Water Supply Act 
of 2009''.

SEC. 2. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.

    (a) Selection of Projects.--Section 220(d)(2) of the Federal Water 
Pollution Control Act (33 U.S.C. 1300(d)(2)) is amended by inserting 
before the period at the end the following: ``or whether the project is 
located in an area which is served by a public water system serving 
10,000 individuals or fewer''.
    (b) Authorization of Appropriations.--Section 220(j) of the Federal 
Water Pollution Control Act (33 U.S.C. 1300(j)) is amended by striking 
``$75,000,000 for fiscal years 2002 through 2004'' and inserting 
``$250,000,000''.
                                 <all>
```
Exhibit 4.1


 


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


November 22, 2019


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


SmartTrust 451 (the “Fund”)


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for the Fund, consisting of the unit investment trust (the “Trust”) included in
the Registration Statement relating to the Fund. We enclosed a list of the securities to be deposited in the Trust on the date
hereof. The prices indicated therein reflect our evaluation of such securities as of close of business on November 21, 2019, in
accordance with the valuation method set forth in the applicable Standard Terms and Conditions of Trust and Trust Agreement. We
consent to the reference to The Bank of New York Mellon as the party performing the evaluations of the Trust securities in the
Registration Statement (No. 333-233549) filed with the Securities and Exchange Commission with respect to the registration of the
sale of the Units of the Trust and to the filing of this consent as an exhibit thereto.


 


	 	Very truly yours,
	 	 
	 	/s/ GERARDO CIPRIANO
	 	Gerardo Cipriano
	 	Vice President
## NUMBER 13

- 2 2

- 00 220

- CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

– EDINBURG

IN THE INTEREST OF K.C.W

. , A CHILD

On appeal from the County Court at Law No. 5

of Nueces County, Texas

.



## ORDER

Before Justices Benavides, Hinojosa, and Silva

Order Per Curiam

This is an appeal of a final order terminating parental rights. The notice of appeal

was filed on May 10, 2022

, and a ppellant’s brief was due on July 5, 202 2

. Appellant has

filed a n amended motion for extension of time

, providing the reason for her request

therein. Appellant seek s t wenty days of additional time to file the brief.

Appeals in parental termination and child protection cases are governed by the

rules of appellate procedu re for accelerated appeals but include additional expedited

deadlines and procedures. See T EX

. R. A PP

. P. 28.4; T EX

. R. J UD

. A DMIN

. 6.2(a). The2 intermediate appellate courts are directed to ensure “as far as reasonably possible” that

appeals in such cases are brought to final disposition within 180 days of the date the

notice of appeal is filed. See T EX

. R. J UD

. A DMIN

. 6.2(a). Accordingly

, it is the policy of this

Court to limit extensions of time in such cases absent truly extraordinary circ umstances.

See T EX

. R. A PP

. P. 38.6(d).

W e GRANT IN PART and DENY IN PART appellant ’s amended motion for

extension of time and ORDER appellant’s brief to be filed on or before July 15 , 202 2 . No

further extensions of time will be granted absent truly exigent and extraordinary

circumstances.

PER CURIAM

D elivered and filed on the

8 th day of July , 20 2 2.
EXHIBIT 32.1

                         ACHIEVEMENT TEC HOLDINGS, INC.
          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 Achievement Tec Holdings, Inc. (the
Company) on Form 10-QSB for the period ended September 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Milton S. Cotter, Chief Executive Officer and Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. ss.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.

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

Date:  September 11, 2003


 /s/ Milton S. Cotter
---------------------
Milton S. Cotter
Chief Executive Officer and Chief Financial Officer
Know the

Dangers of Smoke

Did you know smoke is poisonous? It kills more people in home fires than flames. 

Today, our homes are filled with human-made 

materials like plastic and compressed particle board. 

These products burn quicker and give you less time 

to escape.

The most common poison in smoke is carbon 

monoxide (CO). 

CO can make you feel drowsy, and difficult to wake 

up and get out of your home.

Smoke is hot! 

It can irritate your eyes and throat, and make it 

difficult for you to breathe. 

This happens even if you are far from the fire.

Thick black smoke can fill your home in a few 

minutes and make the inside completely dark.

It can travel through hallways, doors, ductwork, and 

cracks and openings in a building’s walls and floors.

If you see smoke, don’t wait! Get out right away!

usfa.fema.gov
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6454 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6454

  To repeal provisions of the recently enacted health care reform law 
               that prohibit health coverage rescissions.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 29, 2010

 Mr. Ackerman introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
  To repeal provisions of the recently enacted health care reform law 
               that prohibit health coverage rescissions.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``First Health Insurance Protects 
America--Can't Repeal IT (HIPA-CRIT) Act''.

SEC. 2. REPEAL OF HEALTH CARE REFORM PROHIBITION ON RESCISSIONS.

    The provisions of the Patient Protection and Affordable Care Act 
(Public Law 111-148), insofar as such Act under section 2712 of the 
Public Health Service Act (42 U.S.C. 300gg-12) prohibits a group health 
plan and a health insurance issuer offering group or individual health 
insurance coverage from rescinding such plan or coverage with respect 
to an enrollee once the enrollee is covered under such plan or coverage 
involved and requires prior notice to an enrollee before such a plan or 
coverage is cancelled, are hereby repealed, effective as of the date of 
the enactment of this Act.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 7
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THIS
CONSOLIDATED BALANCE SHEET AS OF SEPTEMBER 30, 1999 (UNAUDITED) AND THE
CONSOLIDATED STATEMENT OF INCOME FOR THE PERIOD FROM JANUARY 1, 1999 TO
SEPTEMBER 30, 1999 (UNAUDITED) AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<DEBT-HELD-FOR-SALE>                        86,598,933
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                   7,515,900
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                             121,473,119
<CASH>                                      19,793,121
<RECOVER-REINSURE>                          18,056,673
<DEFERRED-ACQUISITION>                       1,102,610
<TOTAL-ASSETS>                             169,531,975
<POLICY-LOSSES>                            116,959,925
<UNEARNED-PREMIUMS>                                  0
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                             31,350,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      1,010
<COMMON>                                        40,790
<OTHER-SE>                                  10,508,096
<TOTAL-LIABILITY-AND-EQUITY>               169,531,975
<PREMIUMS>                                   6,358,634
<INVESTMENT-INCOME>                         16,658,719
<INVESTMENT-GAINS>                                   0
<OTHER-INCOME>                                       0
<BENEFITS>                                   9,609,868
<UNDERWRITING-AMORTIZATION>                          0
<UNDERWRITING-OTHER>                         5,716,815
<INCOME-PRETAX>                              4,145,361
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          4,145,361
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,145,361
<EPS-BASIC>                                       0.84
<EPS-DILUTED>                                     0.84
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0


</TABLE>
Exhibit 32.2

                           INTRAOP MEDICAL CORPORATION

                            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 Intraop Medical Corporation (the
"Company") on Form 10-KSB for the year ended September 30, 2007, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Howard Solovei, 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/ Howard Solovei
                                           -------------------------------------
                                             Howard Solovei
                                             Chief Financial Officer

                                             Date: December 14, 2007


A signed original of this written statement required by Section 906 has been
provided to Intraop Medical Corporation and will be retained by Intraop Medical
Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.
##### 



EXHIBIT 13.(a)

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 TDK Corporation (TDK) on Form 20-F
for the fiscal year ended March 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Hajime Sawabe, Chief
Executive Officer of TDK, certify, pursuant to 18 U.S.C. § 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 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 TDK.

| |     |                                                                                              
| | --- | ---------------------------------------------------------------------------------------------
| |     | TDK CORPORATION                                                                              
|
| | By: | /s/ Hajime SawabeHajime Sawabe
President, Representative Director
and Chief Executive Officer

Date: August 11, 2003

- 95 -
**Exhibit 23****CONSENT OF INDEPENDENT REGISTERED CHARTERED ACCOUNTANTS**We consent to the incorporation by reference in the following Registration Statements andAmendments of our reports dated March 15, 2007, relating to theconsolidated financial statements, and consolidated financialstatement schedule of Nortel Networks Limited (“Nortel”)and management’s report on the effectiveness of internal control over financial reporting(which report on the consolidated financial statements expresses an unqualifiedopinion, includes an explanatory paragraph relating to therestatement of the consolidated financial statements as of December 31, 2005 andfor the years ended December 31, 2005 and 2004, and includes a separatereport titled Comments by Independent Registered Chartered Accountants on Canada-United States ofAmerica Reporting Difference referring to changes in accounting principles that have a materialeffect on the comparability of the financial statements, and whichreport on the consolidated financial statement schedule includes anexplanatory paragraph relating to the restatement of the consolidatedfinancial statement schedule as of December 31, 2005 and 2004and for the years ended December 31, 2005 and 2004; and which report on internal control overfinancial reporting expressed an unqualified opinion on management’s assessment of theeffectiveness of Nortel’s internal control over financial reporting and an adverse opinion on theeffectiveness of Nortel’s internal control over financial reporting because of a material weakness)appearing in the Annual Report on Form 10-K of Nortel Networks Limited for the year ended December31, 2006:**•** Registration Statement on Form S-8 and all Post-Effective Amendments thereto(Nortel Networks U.S. Deferred Compensation Plan)(333-11558)**•** Registration Statement on Form S-3 and all Post-Effective Amendments thereto(Common Shares, Preferred Shares, Debt Securities, Guarantees,Warrants to Purchase Equity Securities, Warrants to Purchase Debt Securities,Share Purchase Contracts, Share Purchase or Equity Units of Nortel Networks Corporation andGuaranteed Debt Securities of Nortel Networks Limited)(333-88164)/s/ Deloitte & Touche LLPIndependent Registered Chartered AccountantsToronto, Canada
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 Freedom Resources Enterprises, Inc. (the Company) on Form 10-QSB/A for the period ended September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Neil Christiansen, Chief Executive Officer 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 the best of my knowledge:



(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: January  19, 2006

/s/ Neil Christiansen

Neil Christiansen

Chief Executive Officer

Chief Financial Officer