alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### James Katsaros, Respondent, v Catherine Katsaros, Appellant.

— In an action for a divorce and ancillary relief, the defendant wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Hyman, J.), dated October 24, 1986, as, *inter alia,*denied those branches of her motion which were to strike the note of issue pending further discovery, for pendente lite relief, and for permission to serve her counterclaim upon additional parties.

Ordered that the order is modified, by deleting the provision thereof which denied that branch of the motion which was to strike the note of issue, substituting therefor a provision granting that branch of the motion, and removing the action from the Trial Calendar; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

This divorce action was instituted in May 1985 and issue was joined in December 1985. The defendant, who alleges that her husband has significant ownership interests in certain corporations which he has either secreted or transferred to *612third parties, has, in the interim, been attempting to substantiate her claim through discovery of both her husband and these entities. Despite the fact that substantial discovery had yet to be completed, the plaintiff filed a note of issue in March 1986, only three months after issue had been joined, certifying that all discovery had been completed.

The defendant wife’s attempt to join alleged transferees of marital property as necessary parties to this action *(see,*CPLR 1001 [a]) was properly rejected by the court since the defendant’s claims remained, at that juncture, speculative *(see, Deleno v Deleno,*61 AD2d 788).

The court did, however, erroneously deny that branch of the motion which was to strike the note of issue since a reasonable time to conduct discovery proceedings in this action to dissolve a 23-year marriage had not elapsed, and the defendant wife, confronted with a spouse reluctant to disclose information as to his assets, had not been afforded an adequate opportunity to substantiate her claims. The note of issue should be stricken and the case removed from the calendar *(see, Carella v Carella,*97 AD2d 393; *Gross v Gross,*83 AD2d 809).

Upon the record before us, we perceive no basis upon which to modify the court’s denial of the defendant wife’s request for temporary maintenance since she has not demonstrated financial need. Moreover, she has not demonstrated an inability to pay such expenses as would warrant a pendente lite award of counsel fees *(see, Cook v Cook,*95 AD2d 768), nor has her application for accountants’ and appraisers’ fees set forth with the requisite specificity her financial inability to retain such experts *(see, Ahern v Ahern,*94 AD2d 53).

Finally, that branch of the defendant wife’s motion which was for temporary exclusive occupancy of the marital residence was properly denied in the absence of a showing that it is necessary to protect the safety of persons or property *(see, Purdy v Purdy,*117 AD2d 659; *Rauch v Rauch,*83 AD2d 847). Kunzeman, J. P., Kooper, Spatt and Sullivan, JJ., concur.
**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**




For
      purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, the undersigned, Matthew Frost, Interim Chief
      Executive Officer of On2 Technologies, Inc. (the “Company”), hereby certifies
      that, to his knowledge:





(i)
      the
      Quarterly Report on Form 10-Q of the Company for the quarter ended March 31,
      2008, as filed with the Securities and Exchange Commission on the date hereof
      (the “Report”) fully complies with the requirements of section 13(a) or 15(d) of
      the Securities Exchange Act of 1934; and





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




By:
            /s/
                MATTHEW FROSTMatthew
                Frost*Interim
                Chief Executive Officer**On2
                Technologies, Inc.*





June
      27,
      2008
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 761 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 761

 To amend title 38, United States Code, to provide for the eligibility 
   of parents of certain deceased veterans for interment in national 
                              cemeteries.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2009

  Mr. Frank of Massachusetts introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend title 38, United States Code, to provide for the eligibility 
   of parents of certain deceased veterans for interment in national 
                              cemeteries.

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

SECTION 1. INTERMENT IN NATIONAL CEMETERIES OF PARENTS OF CERTAIN 
              DECEASED VETERANS.

    (a) Interment of Parents of Certain Deceased Veterans.--Section 
2402 of title 38, United States Code, is amended by adding at the end 
the following new paragraph:
    ``(9) If the Secretary determines there is enough space in open 
national cemeteries, the parent of a person listed in any of paragraphs 
(1) through (4) or paragraph (7) who, at the time of the parent's 
death, does not have a spouse, surviving spouse, or child who has been 
interred, or who, if deceased, would be eligible to be interred, in a 
national cemetery pursuant to paragraph (5).''.
    (b) Effective Date.--Paragraph (9) of section 2402 of title 38, 
United States Code, shall apply with respect to the death of an 
eligible parent on or after the date of the enactment of this Act.
                                 <all>
```
##### 



Exhibit 32

Written Statement of Co-Chief Executive Officers and Chief Financial Officer
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

The undersigned, the Co-Chief Executive Officers and the Chief Financial
Officer of Grubb & Ellis Company (the Company), each hereby certifies that to
his knowledge, on the date hereof:



|(a) |  | the Form 10-K of the Company for the period ended June 30, 2003 filed on
the date hereof with the Securities and Exchange Commission (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 the
Company.                                                                                                                

| |                                                  | 
| | ------------------------------------------------ | 
| | /s/ Maureen A. EhrenbergMaureen A. Ehrenberg    
| | Executive Vice President                        
| | acting in capacity of co-Chief Executive Officer
| | September 29, 2003                              
|
| | /s/ Richard L. FultonRichard L. Fulton          
| | Executive Vice President                        
| | acting in capacity of co-Chief Executive Officer
| | September 29, 2003                              
|
| | /s/ Robert OsbrinkRobert Osbrink                
| | Executive Vice President                        
| | acting in capacity of co-Chief Executive Officer
| | September 29, 2003                              
|
| | /s/ Brian D. ParkerBrian D. Parker              
| | Chief Financial Officer and                     
| | acting in capacity of co-Chief Executive Officer
| | September 29, 2003                              

A signed original of this written
statement required by Section 906 has been provided to Grubb &
Ellis Company and will be retained by Grubb & Ellis Company and
furnished to the Securities and Exchange Commission or its staff upon
request.
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# C_2009060EN.01000601.xml

| 14.3.2009 | EN | Official Journal of the European Union | C 60/6 |
| --- | --- | --- | --- |

14.3.2009

EN

Official Journal of the European Union

C 60/6

---

Communication from the Commission on the estimated availability of financial resources for granting of restructuring aid for the 2009/2010 marketing year, in the framework of the implementation of Council Regulation (EC) No 320/2006 establishing a temporary restructuring scheme for the sugar industry in the Community

(2009/C 60/04)

In accordance with Article 10(2) of Commission Regulation (EC) No 968/2006 of 27 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community (1), the Commission informs the Member States that the estimated financial resources available in the temporary restructuring fund are sufficient to grant restructuring aid for all the applications submitted by 31 January 2009 in respect of the 2009/2010 marketing year and found eligible by them.

1

---

(1)  OJ L 176, 30.6.2006, p. 32.

1

---
#### KINATEDER et al. v. UNSTED STATES.

(Circuit Court of Appeals, Seventh Circuit.

April 18, 1922.)

No. 2971.

Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois.

Suit by the United States against Math Kinateder and others. From a decree granting an injunction, defendants appeal.

Affirmed.

Rush B. Johnson, of Chicago, 111., for appellants.

P. H. Ward, of Sterling, 111., for the United States.

Before BAKER, ALSCHULER, and EVANS, Circuit Judges.

PER CURIAM.

This appeal is from a decree enjoining appellants from maintaining a nuisance on premises therein described. The opinions in Lewinsohn v. U. S., 278 Fed. 421, Allen v. U. S., 278 Fed. 429, Shore v. U. S., 282 Fed. 857, and Heitler v. U. S., 280 Fed. 703, recently decided by this court, are decisive of all the questions presented on this appeal.

The decree is affirmed.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 2510** 

JACKIE BURRELL , Plaintiff

- Appellant ,

v.
PAREXEL INTERNATIONAL, LLC , Defendant

- Appellee

.

Appeal from the United States District Court for the District of Maryland , at Baltimore

. William M. Nickerson , Senior District Judge. ( 1:12

- cv - 01326

- WMN )

Submitted : February 21, 2013 Decided: February 25, 2013

Before AGEE and DAVIS , Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by un published per curiam opinion

.

Jackie Burrell , Appellant Pro Se. Eric S. Mueller , SEMMES, BOWEN & SEMMES , Baltimore , Maryland; Eileen Carr Riley , Larry Robert Seegull , JACKSON LEWIS, LLP , Baltimore , Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Jackie Burrell seeks to appeal the district court’s

order granting Defendant’s Fed. R. Civ. P. 12(b)(6) motion and dismissing her civil action for failure to state a claim upon which relief may be granted. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. Parties are accorded thirty days after the entry of the district court’s final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdic tional requirement .” Bowles v. Russell , 551 U.S. 205 , 214 (2007).
The district court’s order was entered on the docket

on October 4, 2012 . The notice of appeal was filed on

December 10, 2012 . Because Burrell failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny leave to proceed in forma pauperis and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the
materials before this cour t and argument would not aid the decisional process.

DISMISSED
<PAGE>

                                                                    EXHIBIT 99.5



Contact:   Jeffrey J. Hattara                (NYSE-BMC)
          (612) 851-6030                     FOR IMMEDIATE RELEASE



              BMC INDUSTRIES, INC. ANNOUNCES REORGANIZATION OF ITS
                        PRECISION IMAGED PRODUCTS GROUP


March 10, 2000 - Minneapolis, Minnesota - BMC Industries, Inc. today announced
the reorganization of its Precision Imaged Products group's two operating units,
Mask Operations and Buckbee-Mears St. Paul. These two business units have been
combined into one integrated leadership and operational team under the name
Buckbee-Mears. This group will be led by Benoit Pouliquen, President and Chief
Operating Officer of BMC.

Paul B. Burke, BMC's Chairman and Chief Executive Officer said, "The mask
business and Buckbee-Mears St. Paul share core technologies that can be
leveraged into new product opportunities. We believe that by combining the high
volume production capabilities derived from the mask business with the market
access and value-added processes of Buckbee-Mears St. Paul, we can dramatically
grow and diversify our revenue and profit stream. This will also allow us to
more rapidly realize the benefits of the significant individual and partnership
development efforts currently underway."

BMC Industries, Inc. is a leading producer of polycarbonate, glass and plastic
eyewear lenses. BMC is also one of the world's largest manufacturers of aperture
masks for color picture tubes used in televisions and computer monitors. BMC's
common stock is traded on the New York Stock Exchange under the symbol BMC. The
Company's web site can be accessed at www.bmcind.com.


                                      -30-
Exhibit 4.1


 


PROMISSORY NOTE





 


	$131,906.11	December
    9, 2019


 


FOR
VALUE RECEIVED, the undersigned (herein “Maker”), promises to pay to the order of Andrey Novikov(“Payee”),
the principal sum of One Hundred Thirty One Thousand Nine Hundred Six and 11/100 Dollars (U.S. $131,906.11) on December 9, 2020,
together with interest thereon at the rate of eight percent (8%) per annum, unless Payee consents to an extension of the payment
date, in lawful money of the United States of America unless Payee agrees to another form of payment.


 


1.
 If the Maker shall make a general assignment for the benefit of creditors, or shall
admit in writing its inability to pay its debts as they become due, or shall file a petition in bankruptcy, or shall be adjudicated
a bankrupt or insolvent, then, and upon the happening of any such event, the Payee at its option, may declare the entire unpaid
balance of the principal hereunder immediately due and payable with interest thereon as herein provided.


 


2.
 Amounts not paid when due hereunder shall bear interest from the due date until such
amounts are paid at the rate of eighteen percent (18%) per annum; provided, however, that in the event such interest rate would
violate any applicable usury law, the default rate shall be the highest lawful interest rate permitted under such usury law.


 


3.
 Presentment, demand, protest or notice of any kind are hereby waived by the Maker. Maker
may not set off against any amounts due to Payee hereunder any claims against Payee or other amounts owed by Payee to Maker.


 


4.
 In the case any one or more of the events of default specified in paragraph 1 above
shall have happened and be continuing, the Payee may proceed to protect and enforce its rights either by suit in equity and/or
by action at law, or by other appropriate proceedings.


 


5.
 The Maker agrees to pay all reasonable costs of collection, including attorneys’ fees
which may be incurred in the collection of this Note or any portion thereof and, in case an action is instituted for such purposes,
the amount of all attorneys’ fees shall be such amount as the court shall adjudge reasonable.


 


6.
 This Note is made and delivered in, and shall be governed, construed and enforced under
the laws of the State of Nevada.


 



     


     


    




 


7.
 No delay or omission of the Payee to exercise any right hereunder, whether before or
after the happening of any event of default, shall impair any such right or shall operate as a waiver thereof or of any event
of default hereunder nor shall any single or partial exercise thereof preclude any other or further exercise thereof, or the exercise
of any other right.


 


8.
 This Note shall be subject to prepayment, at the option of the Maker, in whole or in
part, at any time and from time to time, without premium or penalty.


 


9.
 This Note or any benefits or obligations hereunder may not be assigned or transferred
by the Maker.


 





	 	MAKER:
	 	 
	 	INNOVATIVE PAYMENT SOLUTIONS, INC.
	 	 	 
	 	By: 	/s/ William Corbett
	 	Name: 	William Corbett
	 	Title:	Chief Executive Officer










 




 


- 2 -
Case 7:07-cv-05739-KMK Document 41-2 Filed 09/05/2007 Page 1 of 1
111TH CONGRESS 

1ST SESSION H. R. 813 

AN ACT 

To designate the Federal building and United States courthouse located at 306 East Main Street in Elizabeth 

City, North Carolina, as the ‘‘J. Herbert W. Small Federal Building and United States Courthouse’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 813 EH

1 SECTION 1. DESIGNATION. 

2 The Federal building and United States courthouse 

3 located at 306 East Main Street in Elizabeth City, North 

4 Carolina, shall be known and designated as the ‘‘J. Her5 bert W. Small Federal Building and United States Court6 house’’. 

7 SEC. 2. REFERENCES. 

8 Any reference in a law, map, regulation, document, 

9 paper, or other record of the United States to the Federal 

10 building and United States courthouse referred to in sec11 tion 1 shall be deemed to be a reference to the ‘‘J. Herbert 

12 W. Small Federal Building and United States Court13 house’’. 

Passed the House of Representatives March 10, 

2009. 

Attest: 

Clerk. 

111TH CONGRESS 

1ST SESSION H. R. 813 

AN ACT 

To designate the Federal building and United 

United States Courthouse’’. ‘‘J. Herbert W. Small Federal Building and Street in Elizabeth City, North Carolina, as the States courthouse located at 306 East Main
714209_1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

-----------------------------------------------------------------x

IN RE: WORLD TRADE CENTER LOWER

MANHATTAN DISASTER SITE LOCATION

:

:

:

:

21 MC 102 (AKH)

ELECTRONICALLY FILED

-----------------------------------------------------------------x

WLODZIMIERZ BELKOWSKI (AND WIFE, 

TERESA BELKWSKI),

 Plaintiff,

 v.

100 CHURCH, LLC, ET. AL.,

 Defendants.

: 

: 

:

:

Case No.: 07CV05339 (AKH)

NOTICE OF ADOPTION OF 

MASTER ANSWER BY 

DEFENDANT JPMORGAN 

CHASE BANK N.A.

-----------------------------------------------------------------x

PLEASE TAKE NOTICE THAT defendant JPMorgan Chase Bank N.A. as and 

for its responses to the allegations set forth in the Complaint by Adoption (Check-off Complaint) 

related to the Master Complaint filed in the above referenced action, hereby adopts its Master 

Answer to the Master Complaint, dated August 3, 2007, which was filed in the matter of In re 

World Trade Center Lower Manhattan Disaster Site Litigation, 21 MC 102 (AKH).

WHEREFORE, defendant JPMorgan Chase Bank N.A. respectfully requests that 

the above captioned actions be dismissed, with costs, attorneys’ fees, disbursements, and such 

other relief as the Court deems just and proper.

Dated: New York, New York 

December 14, 2007

SATTERLEE STEPHENS BURKE & BURKE LLP

By: /s/James J. Coster_____________

James J. Coster (JC-1431)

Case 1:07-cv-05339-AKH Document 32 Filed 12/14/2007 Page 1 of 2
714209_1

2

230 Park Avenue

New York, New York 10169

Tel.: (212) 818-9200

Fax: (212) 818-9606

Attorneys for Defendant

JPMorgan Chase Bank N.A.

TO: Gregory J. Cannata, Esq.

Law Office of Gregory J. Cannata

233 Broadway

New York, NY 10279

Robert Grochow, Esq. 

Law Office of Robert Grochow

233 Broadway

New York, NY 10279

Christopher LoPalo, Esq.

Worby Groner Edelman Napoli and Bern

115 Broadway, 12th Floor 

New York, New York 10006

Case 1:07-cv-05339-AKH Document 32 Filed 12/14/2007 Page 2 of 2
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