alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals

San Antonio, Texas

J une 5, 2019

No. 04

- 18

- 00831

- CV

Michael Thomas PAUL

, Appellant

v.

Miguel LOPEZ , David Padilla, John Stricklin, Javier Zuniga, and San Antonio Television, LLC,

Appellee s

From the 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 18

- 20 85

- CV

- A

Honorable Jessica Crawford, Judge Presiding



### O R D E R

Sitting: Irene Rios, Justice

Be th Watkins, Justice

Liza A. Rodriguez, Justice

This is an appeal from a judgment granting a motion to dismiss under Chapter 27 of the

Texas Civil Practice and Remedies Code. This appeal is accelerated. See T EX . C IV . P RAC . & R EM

. C ODE A NN . § 27.008(b) (stating that a court of appeals shall expedite an appeal from an order on a

motion to dismiss under Chapter 27); T EX . R. A PP . P. 28.1(a) (providing appeals required by statute

to be expedited are accelerated appeals). The clerk’s record was file d on February 28, 2019. The

reporter’s record was filed on April 17, 2019. Therefore, appellant’s brief was due on May 7, 2019.

See T EX . R. A PP . P. 38.6(a) (providing the appellant in an accelerated appeal must file a brief within

20 days after the later o f the date the clerk’s record or the reporter’s record was filed). Appellant’s

brief has not been filed.

Appellant has filed a motion for extension of time seeking an extension of one hundred

twenty (120) days to file his brief. Appellant’s motion is GRA NTED IN PART. We grant

appellant an extension of fifty (50) days to file his brief. Appellant’s brief is due on or before

June 26, 2019 . No further extensions will be granted absent extenuating circumstances.

It is so ORDERED on June 5, 2019

.PER CURIAM

ATTESTED TO: _________________________

Keith E. Hottle

Clerk of Court
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

IN RE WORLD TRADE CENTER 21 MC 102 (AKH)

LOWER MANHATTAN DISASTER

SITE LITIGATION

LOUIS F. MESA (and wife, MARIA MESA), 07-CV-5303 (AKH)

Plaintiffs, NOTICE OF APPEARANCE

-against100 CHURCH LLC, ET AL.,

Defendants.

PLEASE TAKE NOTICE that the undersigned hereby enters an appearance as counsel

for Defendants 100 CHURCH LLC and ZAR REALTY MANAGEMENT CORP. n/k/a

SAPIR REALTY MANAGEMENT CORP. in the above-captioned action and all future

correspondence and papers filed or serviced in connection with the above-captioned action are to

be directed to the undersigned.

Dated: New York, New York

September 10, 2007

Yours etc.,

HARRIS BEACH PLLC

A ttorneys for Defendant

100 CHURCH LLC and ZAR REALTY

MANAGEMENT CORP. n/k/a SAPIR

REALTY MANAGEMENT CORP.

/5

Stanley Goos, Esq. (SG-7062)

100 Wall Street

New York, NY 10005

212 687-0100

212 687-0659 (Fax)

Case 1:07-cv-05303-AKH Document 9 Filed 09/10/2007 Page 1 of 2
CERTIFICATION OF SERVICE

The undersigned certifies that on September 10, 2007, I caused the following document

to be electronically via the Courts ECF system:

1. Notice of Appearance (of Defendants 100 Church LLC and Zar Realty

Management Corp. n/k/a Sapir Realty Management Corp.).

The undersigned further certifies that on September 10, 2007, I caused the aforesaid

documents to be served via First Class Mail upon the following:

Paul Napoli, Esq.

Worby Groner Edelman & Napoli Bern LLP

115 Broadway, 12th Floor

New York, New York 10006

Robert A. Grochow, Esq.

Robert A. Grochow, P.C.

233 Broadway, 5th Floor

New York, New York 10279

Gregory J. Cannata, Esq.

Law Offices of Gregory J. Cannata

233 Broadway, 5th Floor

New York, New York 10279

Liaison Counselfor Plaintiffs

Dated: September 10, 2007

James E. Tyrrell, Esq.

Joseph Hopkins, Esq.

Patton Boggs LLP

1 Riverfront Plaza, 6th Floor

Newark, New Jersey 07102

Thomas Egan, Esq.

Flemming Zulack Williamson Zauderer LLP

One Liberty Plaza

New York, New York 10006

Liaison Counselfor the Defendants

Stanley Goos

Case 1:07-cv-05303-AKH Document 9 Filed 09/10/2007 Page 2 of 2
Case 1:07-cv-05742-RJH Document 34 Filed 08/15/2008 Page 1 of 3
Case 1:07-cv-05742-RJH Document 34 Filed 08/15/2008 Page 2 of 3
Case 1:07-cv-05742-RJH Document 34 Filed 08/15/2008 Page 3 of 3
Case 1:07-cv-05389-AKH Document 13-2 Filed 08/23/2007 Page 1 of 2
Case 1:07-cv-05389-AKH Document 13-2 Filed 08/23/2007 Page 2 of 2
Kent B. Dolan (KBD-6573) 

Lifflander & Reich LLP 

Attorneys for Defendants 

New Water Street Corporation and 

55 Water Street Condominium

1221 Avenue of the Americas 

New York, NY 10020-1089 

212.332.8825 

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

IN RE: WORLD TRADE CENTER LOWER 21 MC 102 

(AKH) MANHATTAN DISASTER SITE LITIGATION 

ROLANDO PELAEZ (AND WIFE, MONICA 

VILLAMARIN), 

 Plaintiff(s), 

 - against - 

140 BROAD, LLP, et. al., 

 Defendants. 

21 MC 102 (AKH) 

07 CV 4507 (AKH) 

NOTICE OF NEW WATER STREET CORPORATION’S 

AND 55 WATER STREET CONDOMINIUM’S 

ADOPTION OF ANSWER TO MASTER COMPLAINT

PLEASE TAKE NOTICE THAT Defendants New Water Street Corporation and 55 

Water Street Condominium (collectively, the “NWSC Defendants”), as and for their 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 adopt the NWSC Defendants’ 

Answer to 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). 

Case 1:07-cv-04507-AKH Document 30 Filed 10/30/2007 Page 1 of 2
 WHEREFORE, the NWSC Defendants demand judgment dismissing the abovecaptioned action as against each of them, together with their costs and disbursements. 

Dated: New York, New York 

August 10, 2007 

 Lifflander & Reich LLP 

 _____________________________ 

 Kent B. Dolan (KBD-6573) 

Attorneys for Defendants 

New Water Street Corporation and 

55 Water Street Condominium 

1221 Avenue of the Americas 

New York, New York 10020-1089 

(212) 332.8820; 8825 

TO: Paul Napoli, Esq. 

 Worby Groner Edelman & Napoli Bern LLP 

 115 Broadway, 12th Floor 

 New York, NY 10006 

Via E-mail 

James E. Tyrrell 

Joseph Hopkins 

PATTON BOGGS 

One Riverfront Plaza, 6th Floor 

Newark, NJ 07102 

Thomas Egan 

Flemming Zulack Williamson Zauderer LLP 

One Liberty Plaza 

New York, New York 10006

Case 1:07-cv-04507-AKH Document 30 Filed 10/30/2007 Page 2 of 2
<PAGE>

                                                                      EXHIBIT 21

                         CONNECTICUT WATER SERVICE, INC.

                                  SUBSIDIARIES

Following is a list of the subsidiaries of Connecticut Water Service, Inc., each
of which, unless otherwise indicated, is wholly owned by the company either
directly or through another subsidiary. Second-tier subsidiaries are listed
under the name of the parent subsidiary.

NAME                                                      STATE OF INCORPORATION

REGISTRANT:

Connecticut Water Service, Inc.                           Connecticut

SUBSIDIARIES:

The Connecticut Water Company                             Connecticut
Chester Realty, Inc.                                      Connecticut
New England Water Utility Services, Inc.                  Connecticut
Connecticut Water Emergency Services, Inc.                Connecticut
The Unionville Water Company                              Connecticut
The Gallup Water Service, Incorporated                    Connecticut
Crystal Water Utilities Corporation                       Connecticut
         The Crystal Water Company of Danielson           Connecticut
Barnstable Holding Company                                Connecticut
         The Barnstable Water Company                     Massachusetts
         BARLACO                                          Massachusetts
Exhibit 99.2

**CERTIFICATION OF CFO PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002**

****

            In connection with the Quarterly Report on Form 10-Q of Vanguard Health Systems, Inc. (the “Company”) for the quarterly period ended September 30, 2002, as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Joseph D. Moore, Executive Vice President, Chief Financial Officer and Treasurer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-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/ Joseph D. Moore                             Joseph D. MooreExecutive Vice President, Chief Financial Officer and TreasurerNovember 12, 2002
Exhibit 31.1

Certification Pursuant to Rule 13a-14(a)/15d-14(a)

I, J. Michael Edenfield, certify that:

1. I have reviewed this Quarterly Report on Form 10-Q of Logility, 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 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 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 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 the registrants board of directors:

(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.



|                        |  |     |  |                         
|----------------------- |  | --- |  | ------------------------
|Date: December 11, 2006 |  | By: |  | /s/ J. Michael Edenfield
|                        |  |     |  | J. Michael Edenfield    
|                        |  |     |  | Chief Executive Officer
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6394 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6394

 To amend the Marine Mammal Protection Act of 1972 to allow transport, 
   purchase, sale, and export of pelts of Southcentral and Southeast 
  Alaska northern sea otters that are taken for subsistence purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2010

 Mr. Young of Alaska introduced the following bill; which was referred 
                 to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To amend the Marine Mammal Protection Act of 1972 to allow transport, 
   purchase, sale, and export of pelts of Southcentral and Southeast 
  Alaska northern sea otters that are taken for subsistence purposes.

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

SECTION 1. TRANSPORT, PURCHASE, SALE, AND EXPORT OF PELTS OF 
              SOUTHCENTRAL AND SOUTHEAST ALASKA NORTHERN SEA OTTERS 
              TAKEN FOR SUBSISTENCE PURPOSES.

    Section 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1372) is amended by adding at the end the following:
    ``(g) Nothing in this Act prohibits the transport, purchase, sale, 
export of, or any offer to purchase, sell, or export, any pelt of an 
otter from the Southcentral or Southeast Alaska stock of northern sea 
otters that is taken for subsistence purposes in accordance with 
section 101(b)(1).''.
                                 <all>
```
**Exhibit 23.3**

**CONSENTOF INDEPENDENT PETROLEUM ENGINEERS**

Ryder ScottCompany-Canada hereby consents to the use of its name and the information fromits report regarding its estimates of reserves and future net revenues from theproduction and sale of those reserves of Northrock Resources, Ltd. as ofDecember 31, 2006 and 2005, in Pogo Producing Company’s Annual Report onForm 10-K for the year ended December 31, 2006, including the filing ofits letter report as an exhibit thereto, and to the incorporation byreference thereof into Pogo Producing Company’s previously filed RegistrationStatement Nos. 33-54969, 333-04233, 333-75105, 333-75105-01, 333-75105-02,333-74861, 333-42426, 333-42428, 333-60800, 333-67324, 333-65548, 333-86856,333-98205, 333-102775, 333-115130, 333-86417, 333-126097, 333-130557 and333-136926.
|            | **Yours very truly**              |
|------------|-----------------------------------|
| ** ** | ** **                        |
|            | **/s/ RYDER SCOTT COMPANY, L.P.** |
| ** ** | **RYDER SCOTT COMPANY-CANADA**    |

 

February 28,2007

Calgary, Alberta

 

----
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM REGISTRANT'S
REPORT ON FORM 10-K FOR THE FISCAL YEAR ENDED DECEMBER 31, 1997 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>               DEC-31-1997
<PERIOD-END>                    DEC-31-1997
<CASH>                                  2
<SECURITIES>                            0
<RECEIVABLES>                           0 
<ALLOWANCES>                            0
<INVENTORY>                             0
<CURRENT-ASSETS>                        2 
<PP&E>                                  0
<DEPRECIATION>                          0
<TOTAL-ASSETS>                          2
<CURRENT-LIABILITIES>                 322
<BONDS>                                 0
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<COMMON>                            6,113
<OTHER-SE>                         (6,533)
<TOTAL-LIABILITY-AND-EQUITY>            2
<SALES>                                 0
<TOTAL-REVENUES>                        0
<CGS>                                   0
<TOTAL-COSTS>                           0
<OTHER-EXPENSES>                       20
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                      0 
<INCOME-PRETAX>                       (50)
<INCOME-TAX>                            0
<INCOME-CONTINUING>                   (50)
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                          (50)
<EPS-PRIMARY>                       (5.09)
<EPS-DILUTED>                       (5.09)
        

</TABLE>
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER
AND CHIEF FINANCIAL OFFICER

PURSUANT TO 
18 U.S.C. SECTION 1350

The undersigned, Daniel Hunter, the Chief Executive Officer of FinMetal Mining Ltd., and Kenneth Phillippe, the Chief Financial Officer of FinMetal Mining Ltd., each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to their knowledge, the Report on Form 10-QSB of FinMetal Mining Ltd., for the quarterly period ended March 31, 2007, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and that the information contained in the Report on Form 10-QSB fairly presents in all material respects the financial condition and results of operations of FinMetal Mining Ltd.

Date:   May 15, 2007.

| | /s/ "Daniel Hunter"                      
| | -----------------------------------------
| | Daniel Hunter
Chief Executive Officer    
| | /s/ "Kenneth Phillippe"                  
| | Kenneth Phillippe
Chief Financial Officer

__________
#### In the Matter of Richard A. Covell, Petitioner, v Howard M. Aison, as County Judge of Montgomery County, et al., Respondents.

Harvey, J.

Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to CPLR 506 [b] [1]) to review a determination of respondent County Judge of Montgomery County which denied petitioner’s application for a limited use pistol permit.

Petitioner challenges the denial of his application by respondent County Judge of Montgomery County (hereinafter respondent) for a limited use pistol permit as being arbitrary and capricious or an abuse of discretion. We do not agree. Such denial was mandatory, given petitioner’s 1971 conviction for criminal possession of a dangerous drug in the sixth degree (Penal Law former § 220.05), which constituted a "serious offense” for purposes of firearm licensing at that time *(see,*Penal Law § 265.00 [17] [b]; § 400.00 [1] [b]). Although the marihuana offense in question was downgraded by the Legislature from a misdemeanor to a violation and removed from Penal Law article 220 by the Marihuana Reform Act of 1977 (L 1977, ch 360), petitioner’s drug-related conviction was considered a "serious offense” at the time of its commission and it should be considered as such for purposes of firearm licensing despite its subsequent downgrading *(cf., People v McMillen,*80 *1002AD2d 966). Accordingly, the denial of the permit by respondent was legally mandated *(see,*Penal Law § 400.00 [1] [b]; *Matter of Schnell v Spano,*120 AD2d 669).

Respondent also denied the permit as a matter of discretion in light of the existence of and circumstances surrounding petitioner’s marihuana conviction as well as his prior conviction for criminal trespass. Considering respondent’s broad discretion in ruling on such matters *(see, Matter of Anderson v Mogavero,*116 AD2d 885), we find nothing improper in his determination. Petitioner’s remaining arguments have been examined and have been found to be without merit.

Determination confirmed, and petition dismissed, without costs. Mahoney, P. J., Mikoll, Yesawich, Jr., Mercure and Harvey, JJ., concur.
METHFESSEL & WERBEL, ESQS. 

450 Seventh Avenue, Suite 1400 

New York, NY 10123 

(212) 947-1999 

Attorneys for BMS Catastrophe, Inc. 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

ZOILA PASTUIZACA AND HUSBAND, 

LUIS F. PASTUIZACA, 

Plaintiff, 

-AGAINST90 CHURCH STREET LIMITED 

PARTNERSHIP, ALAN KASMAN DBA 

KASCO, AMBIENT GROUP, INC., ANN 

TAYLOR STORES CORPORATION, 

BANKERS TRUST COMPANY, 

BANKERS TRUST CORP., BANKERS 

TRUST NEW YORK CORPORATION, 

BATTERY PARK CITY AUTHORITY, 

BELFOR USA GROUP, INC., 

BLACKMON-MOORING-STEAMATIC 

CATASTOPHE, INC. D/B/A BMS CAT, 

et.al. 

Defendants. 

21 MC 102 (AKH) 

INDEX NO.: 07 CV 05308 

NOTICE OF ADOPTION OF ANSWER 

TO MASTER COMPLAINT 

PLEASE TAKE NOTICE THAT Defendant, BMS Catastrophe, Inc. s/h/a 

Blackmon-Mooring-Steamatic Catastophe, Inc. d/b/a BMS Catastrophe, by 

their attorneys, Methfessel & Werbel, as and for their response 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 their Answer and defenses to the Master Complaint, dated July 26, 

2007, which was filed in the matter of: In Re World Trade Center Lower 

Manhattan Disaster Site Litigation, 21 MC 102 (AKH). 

Case 1:07-cv-05308-AKH Document 11 Filed 12/20/2007 Page 1 of 3
 To the extent that Defendant’s Answer to the Master Complaint does not 

comprehensively address any of the specific allegations within the Check-Off 

Complaint in the above captioned matter, Defendant, Defendant, BMS 

Catastrophe, Inc., denies knowledge or information sufficient to form a belief as 

to the truth of such specific allegations. 

 WHEREFORE, the defendant, Defendant, BMS Catastrophe, Inc., 

demands judgment dismissing the above captioned action as against them, 

together with costs, disbursements and such other and further relief as this 

Court deems just and proper. 

DATED: New York, New York 

 December 20, 2007 

METHFESSEL & WERBEL, ESQS. 

Attorneys for Blackmon-MooringSteamatic Catastophe, Inc. d/b/a BMS 

Catastrophe 

By:________________________________ 

Case 1:07-cv-05308-AKH Document 11 Filed 12/20/2007 Page 2 of 3
CERTIFICATE OF MAILING 

The undersigned hereby certifies as follows: 

 l. I am employed by the law firm of Methfessel & Werbel. 

 2. On December 20, 2007 the undersigned prepared and 

forwarded copies of the the undersigned prepared and forwarded copies 

of the within Notice of Adoption , via ECF, to the following parties: 

 William J. Dubanevich, Esq. 

Worby Groner Edelman & Napoli Bern, LLP 

5 Broadway, 12th Floor 

New York, NY 10006 

Attorneys for: Plaintiff 

All Defense Counsel 

 3. I certify that the foregoing statements made by me are true. I am 

aware that if any of the foregoing statements made by me are wilfully false, I am 

subject to punishment. 

 

____________________________________ 

Frank J. Keenan 

Case 1:07-cv-05308-AKH Document 11 Filed 12/20/2007 Page 3 of 3