alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Commissioner of Social Services of the City of New York, Appellant. In the Matter of Maria L. and Another, Children Alleged to be Abused. Evelyn S., Respondent.

—Order, Family Court, Bronx County (Marjory D. Fields, F.C.J.), entered March 8, 1989, dismissing both petitions without prejudice, unanimously reversed, on the law, the facts and in the exercise of discretion, and the petitions reinstated, without costs.

It was error for the court, on its own motion, to dismiss these child protection proceedings commenced under article 10 of the Family Court Act, alleging abuse and neglect by respon*467dent mother with respect to her four-year-old daughter and neglect with respect to her 15-year-old son.

At the hearing of this matter on March 8, 1989, the petitioning Commissioner of Social Services (Commissioner) was ready to present his case. The Law Guardian for the son requested an adjournment because the youth had not been produced in court by his then lawful custodian. Neither the Commissioner nor the Law Guardian for the daughter opposed this application. Indeed, the Law Guardian for respondent also joined in the application and sought a court order to compel the drug treatment facility where respondent was undergoing care to produce her at the adjourned date.

The court responded by *sua sponte*dismissing these petitions essentially for failure to prosecute under CPLR 3216, made applicable in a limited manner to Family Court proceedings by Family Court Act § 165. True, the petitions had been filed on August 19, 1988, and the case had been on the calendar half a dozen times over the previous seven-month period. However, there were good and sufficient reasons for the delay of trial, and none of the criteria for dismissal pursuant to CPLR 3216 had been satisfied. Lacking was any 90-day written notice and demand for prosecution, which notice could not have been furnished until the expiration of one year after joinder of issue. Furthermore, it was improper for the court to charge petitioner with the failure to produce either the respondent mother or her son; the Commissioner’s responsibility for the appearances of the parties ended with service of proper notice, which was furnished here.

To the extent that the court may have viewed its ruling as discretionary, it was improvident to dismiss these petitions, one of which contained the gravest allegations of sexual abuse committed upon the four-year-old female child. As a policy matter, priority in scheduling is to be given to proceedings involving allegations of abuse (Family Ct Act § 1049; *see, Matter of Loretta Ann M.,*65 AD2d 585, 586). Dismissal here, even without prejudice, would temporarily terminate the jurisdiction of the court, thereby interrupting a course of therapy for the four-year-old infant and jeopardizing her continued placement with her paternal grandmother. In view of the clearly apparent adverse consequences, dismissal of these petitions exacerbated rather than alleviated the problem of delayed disposition which Family Court was attempting to address. Concur—Kupferman, J. P., Carro, Asch, Wallach and Smith, JJ.
OFFICER'S CERTIFICATE PURSUANT TO SECTION 3.18 OF THE POOLING AND SERVICING
                       AGREEMENT DATED AS OF MAY 24, 2001


                    BANK OF AMERICA MORTGAGE SECURITIES, INC.
                       MORTGAGE PASS-THROUGH CERTIFICATES
                                  SERIES 2001-D


I, Robert S. O'Neill, Senior Vice President of Bank of America, N.A., the
Servicer in connection with Mortgage Pass-Through Certificates Series 2001-D, do
hereby certify that (i) a review of the activities of the Servicer during the
preceding calendar year and of its performance under the Agreement, has been
made under my supervision, (ii) to the best of my knowledge, based on such
review, the Servicer has fulfilled in all material aspects its obligations under
the Agreement throughout such year.

Certified on this 4th day of March 2003.

                                       BANK OF AMERICA, N.A.


                                       By:
                                          ------------------------------
                                            Name:  Robert S. O'Neill
                                            Title: Senior Vice President



Inv D18
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<TABLE> <S> <C>

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</TABLE>
# fcmdata0303
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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. RP99-176-034]

Take notice that on April 30, 2001, Natural Gas Pipeline Company of America (Natural) tendered for filing as part of its FERC Gas Tariff, Sixth Revised Volume No. 1, certain tariff sheets, with an effective date of May 1, 2001.

Natural states that the purpose of this filing is to implement three negotiated rate transactions with Duke Energy Lee, LLC under Natural's Rate Schedule FTS and FRSS pursuant to Section 49 of the General Terms and Conditions of Natural's tariff.

Natural states that copies of the filing are being mailed to its customers, interested state commissions and all parties set out on the Commission's official service list in Docket No. RP99-176.

                    Any person desiring to be heard or to protest said filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with section 154.210 of the                           ( print page 24358)                        Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection in the Public Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/​online/​rims.htm (call 202-208-2222 for assistance). Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site at http://www.ferc.fed.us/​efi/​doorbell.htm.                

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 01-11980 Filed 5-11-01; 8:45 am]

BILLING CODE 6717-01-M
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1148 

CA 13-00572 

PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ. 

 

IN THE MATTER OF GERALD STROBEL, FAITH STROBEL,

JAMES COLLINS, PATRICIA COLLINS, FREDERICK

MINTER AND BARBARA MINTER, PETITIONERS-APPELLANTS, 

V MEMORANDUM AND ORDER

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL 

CONSERVATION, TOWN OF CLARENCE, ERIE COUNTY 

DEPARTMENT OF HEALTH, JAMES BUONO AND KELLI 

BUONO, RESPONDENTS-RESPONDENTS. 

 

BLAIR & ROACH, LLP, TONAWANDA (DAVID L. ROACH OF COUNSEL), FOR

PETITIONERS-APPELLANTS. 

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, BUFFALO (TIMOTHY HOFFMAN OF

COUNSEL), FOR RESPONDENT-RESPONDENT NEW YORK STATE DEPARTMENT OF

ENVIRONMENTAL CONSERVATION. 

BENNETT, DIFILIPPO & KURTZHALTS, LLP, HOLLAND (RONALD P. BENNETT OF

COUNSEL), FOR RESPONDENT-RESPONDENT TOWN OF CLARENCE. 

MICHAEL A. SIRAGUSA, COUNTY ATTORNEY, BUFFALO (KENNETH R. KIRBY OF

COUNSEL), FOR RESPONDENT-RESPONDENT ERIE COUNTY DEPARTMENT OF HEALTH.

MYERS, QUINN & SCHWARTZ, LLP, WILLIAMSVILLE (JAMES I. MYERS OF

COUNSEL), FOR RESPONDENTS-RESPONDENTS JAMES BUONO AND KELLI BUONO. 

 

Appeal from a judgment of the Supreme Court, Erie County (Patrick

H. NeMoyer, J.), entered June 1, 2012 in a CPLR article 78 proceeding. 

The judgment dismissed the petition. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed without costs.

Memorandum: Petitioners commenced this CPLR article 78

proceeding alleging, inter alia, that respondents acted in an

arbitrary and capricious manner in issuing a permit for and

undertaking the construction of a spillway at a freshwater pond in the

Town of Clarence (respondent). Inasmuch as respondent moved to

dismiss the petition pursuant to CPLR 3211 (a) (1), and a special

proceeding may be summarily determined “upon the pleadings, papers and

admissions to the extent that no triable issues of fact are raised”

(CPLR 409 [b]; see CPLR 7804 [a]; Matter of Barreca v DeSantis, 226

AD2d 1085, 1086), we reject petitioners’ contention that Supreme
-2- 1148 

CA 13-00572 

Court’s consideration was limited to the issue whether the petition

contained a cognizable legal theory (see CPLR 7804 [f]; Matter of

Conners v Town of Colonie, 108 AD3d 837, 839). We further conclude

that the court properly determined that none of petitioners’ causes of

action has merit (see generally Held v Kaufman, 91 NY2d 425, 430-431). 

Entered: November 15, 2013 Frances E. Cafarell

Clerk of the Court
**Exhibit 23.1****CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**We consent to the incorporation by reference in Registration Statement Nos. 333-145608 and333-136910 on Form S-3 and Nos. 333-133867, 333-131037, 333-125892 and 333-119409 on Form S-8 ofour reports dated March 27, 2008 relating to the consolidated financial statements and financial statementschedule of the Critical Therapeutics, Inc. and subsidiary (which report expresses an unqualifiedopinion and includes explanatory paragraphs regarding Critical Therapeutics,Inc. and subsidiary’s a going concern uncertainty andto the adoption of FinancialAccounting Standards No. 123R, *Share-Based Payment*, effective January 1, 2006), and theeffectiveness of Critical Therapeutics, Inc. and subsidiary’s internal control over financialreporting, appearing in this Annual Report on Form 10-K of Critical Therapeutics, Inc. for the year ended December 31, 2007.*/s/ DELOITTE & TOUCHE LLP*Boston, Massachusetts
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## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department **1253 CAF 14-01687**  PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND VALENTINO, JJ.

IN THE MATTER OF CRYSTIANA M.
------------------------------------------ ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, ORDER PETITIONER-RESPONDENT; CRYSTAL M., RESPONDENT-APPELLANT.
ALAN BIRNHOLZ, EAST AMHERST, FOR RESPONDENT-APPELLANT. JOSEPH T. JARZEMBEK, BUFFALO, FOR PETITIONER-RESPONDENT. JESSICA L. VESPER, ATTORNEY FOR THE CHILD, BUFFALO. Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered August 1, 2014 in a proceeding pursuant to Family Court Act article 10. The order, among other things, placed the subject child in the custody of Tammy A. It is hereby ORDERED that said appeal is unanimously dismissed without costs ( see Matter of Francis S. [Wendy H.] , 67 AD3d 1442, lv denied 14 NY3d 702).

Entered: November 13, 2015 Frances E. Cafarell Clerk of the Court
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the annual report on Form 10-K of InSight HealthServices Holdings Corp. (the “Company”) for the fiscal year ended June 30, 2006as filed with the Securities and Exchange Commission on the date hereof (the “report”),I, Mitch C. Hill, Chief Financial Officer of the Company, certify, pursuant to18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that to my knowledge:

(1)          the report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

(2)          the informationcontained in the report fairly presents, in all material respects, the financialcondition and results of operations of the Company.

 
| /s/ Mitch C. Hill                                     |   |
|-------------------------------------------------------|--------|
| Mitch C. Hill                                         |
| Executive Vice  President and Chief Financial Officer |
| September 27,  2006                                   |

 

 

The foregoingcertification is being furnished solely to accompany the report pursuant to 18U.S.C. § 1350, and is not being filed for purposes of Section 18 of theSecurities Exchange Act of 1934, as amended, as is not to be incorporated byreference into any filing of the Company, whether made before or after the datehereof, regardless of any general incorporation language in such filing.

----
Exhibit 32.1

Section 1350 Certifications

I, Alan D. Feldman, hereby certify pursuant to 18 U.S.C.
§ 1350 adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that, to my knowledge:



| | (i) | The accompanying Quarterly Report on Form 10-Q for the quarter ended April 2, 2011 fully complies with the requirements of Section 13(a) or Section 15(d)
of the Securities Exchange Act of 1934, as amended; and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | The information contained in such report fairly presents, in all material respects, the financial condition and results of operations of Midas, Inc.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                               
|-----------------------------------------------
|/s/ Alan D. Feldman                            
|Alan D. Feldman                                
|Chairman, President and Chief Executive Officer
|Date: May 12, 2011                             

I, William M. Guzik, hereby certify
pursuant to 18 U.S.C. § 1350 adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that, to my knowledge:



| | (i) | The accompanying Quarterly Report on Form 10-Q for the quarter ended April 2, 2011 fully complies with the requirements of Section 13(a) or Section 15(d)
of the Securities Exchange Act of 1934, as amended; and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | The information contained in such report fairly presents, in all material respects, the financial condition and results of operations of Midas, Inc.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                    
|----------------------------------------------------
|/s/ William M. Guzik                                
|William M. Guzik                                    
|Executive Vice President and
Chief Financial Officer
|Date: May 12, 2011
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

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

In connection with the Annual Report of Penn Virginia Resource Partners, L.P. (the“Partnership”) on Form 10-K for the year ended December 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Frank A. Pici, Vice President and Chief Financial Officer ofPenn Virginia Resource GP, LLC, the general partner of the Partnership, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, 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 ofoperations of the Partnership. 

March 1, 2007 

 

This written statement is being furnished to the Securities and Exchange Commission as anexhibit to the Report. A signed original of this written statement required by Section 906 has been provided to the Partnership and will be retained by the Partnership and furnished to the Securities and Exchange Commission or its staff uponrequest.
#### The People of the State of New York, Respondent, v Edgar Bagarozy, Also Known as Richard Edgar Bagarozy, Appellant.

Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered July 17, 1986, which convicted defendant of violation of two sentences of probation and sentenced him to concurrent prison terms of *2 Vs*to 7 years and 1 to 3 years, unanimously modified, as a matter of discretion in the interest of justice, to reduce the sentence to one prison term of *IVs*to 4 years to cover both indictments, and otherwise affirmed.

In 1983, defendant was sentenced to two consecutive five-*479year periods of probation for his convictions under indictments Nos. 62/82 and 965/82. In 1986, on new charges, defendant was convicted of two counts of second degree sodomy and sentenced to consecutive 3Vit-to-7-year terms. Accordingly, based on this conviction, defendant’s two terms of probation were revoked and the trial court imposed the instant sentence of concurrent terms of imprisonment of 21ó to 7 and 1 to 3 years.

However, this court reversed defendant’s 1986 sodomy convictions and ordered a new trial (132 AD2d 225). Upon retrial, defendant was convicted of only one count of sodomy in the second degree (Tonetti, J.) on March 31, 1989. While defendant’s sentencing on this sodomy charge was adjourned until August 1989, the court indicated on the record that it would impose the minimum sentence of 2 to 4 years.

This represents a significant change of circumstances, which, under the unique facts of this case, warrants a reduction in defendant’s sentence for the violation of probation. When the court originally imposed the maximum 2Vá-to-7-year sentence for violation of probation, it took into account that defendant had been convicted, after jury trial, of two counts of sodomy in the second degree and was facing consecutive 3 *Vi*to-7-year terms. After the reversal of the conviction by this court and the subsequent retrial, defendant was acquitted of one of these charges and stands convicted of only one count of sodomy for which the minimum sentence will be imposed. In light of this change in circumstances, the sentence for violation of probation should be reduced to comport with the sentence for the new felony conviction. Accordingly, we reduce the sentence for the violation of probation to *lVa*to 4 years. Concur — Sullivan, J. P., Ross, Kassal, Ellerin and Rubin, JJ.
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