alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## 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
Case 1:07-cv-04904-AKH Document 4 Filed 09/02/2008 Page 1 of 10
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Case 1:07-cv-04904-AKH Document 4 Filed 09/02/2008 Page 9 of 10
Case 1:07-cv-04904-AKH Document 4 Filed 09/02/2008 Page 10 of 10
June 16, 2006
Via E-Mail

Office of the Acting Secretary
Commodity Futures Trading Commission
Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

Re: Rule Certification. NYMEX Submission 06.76: Notification of
Amendments to NYMEX Rule 9.27, Expiration and Current
Delivery Month Position Limits or Position Accountability for
the New York Harbor Unleaded Gasoline Futures Contract.

Dear Ms. Eileen Donovan:

The New York Mercantile Exchange ("NYMEX" or the "Exchange") is notifying the
Commodity Futures Trading Commission (“CFTC” or “Commission”) of amendments to
NYMEX Rule 9.27, Expiration and Current Delivery Month Position Limits or Position
Accountability for the New York Harbor Unleaded Gasoline Futures Contract.

The amendments to NYMEX Rule 9.27 are for housekeeping to reduce the position limits
for related contracts which aggregate with the New York Harbor Unleaded Gasoline Futures
Contract (HU). Pursuant to Section 5c(c) of the Commodity Exchange Act (“Act”) and CFTC
Rule 40.6, the Exchange hereby certifies that the attached notification complies with the Act,
including regulations under the Act.

Should you have any questions concerning the above, please contact Thomas LaSala,
Senior Vice President, Compliance and Risk Management, at (212) 299-2897, or the undersigned
at (212) 299-2940.

Very truly yours,

Nancy M. Minett
Vice President
Compliance Department

ce: Thomas LaSala
Brian Regan



(Strikethrough in bold indicates deletion; underlining in bold indicates addition.)

Contract Name Rule | Commodity | All/Any One Month | Expiration
Chapter | Code Accountability Month Aggregate | Aggregate
Level Limit Into(1) | Into (2)
Rule 9.26 Rule 9.27 | Rule 9.34

Petroleum
USA
New York Harbor
Petroleum Product Futures
Contracts - New York 190 HU 7,000 250 150 HU
Harbor
New York Harbor Unleaded
Gasoline vs. New York 4,000
Harbor Heating Oil Swap | 04 MR 7,000/7,000 50/1,000 | 2° HU HO
Contract
New York Harbor Conv.
Gasoline vs. New York 1,000/4,000
Baan Nee Coetine | 695 Ms 10,000/10,000 250 150 MJ Hu
Spread Swap Contract
New York Harbor Gasoline
Calendar Swap Contract _| 602 MS 7,000 4000250 | 150 Hu
Unleaded Gasoline
Average Price Option 331 au 7,000 4000250, | 150 HU
NYMEX Unl 87 Up-Down 4,000
Spread Calendar Swap 514 uu 7,000/10,000 250/1,000 | 25 HU cs
(Platts) Contract
NYMEX Unleaded
Gasoline Option Contract__| 93° Go 20,000 000290 | 150 HU
Unleaded Gasoline YA, YB.
Calendar Spread Options} 393 YO. vM, yz | 7:000 4,000 250 | 150 HU
Contract YM,
Los Angeles CARB
Gasoline vs. New York 1,000/4,000
Harbor Gasoline Swap 611 MI 40,000/7,000 250 150 MH HU
Contract
New York Harbor Unleaded
Gasoline Look Alke Option | 552 LG 7,000 4,000 250 | 100 HU
Unleaded Gasoline-Crude 2,000/4,000
Oil Spread Option Contract | 4° ue 20,000/7,000 250 25 al HU
NYMEX New York Harbor
Unleaded Gasoline Crack | 522 UK 20,000/7,000 FEO009 | 25 cL HU

Calendar Swap Contract
Case 1:07-cv-05807-TPG Document 9-36 Filed 01/30/2008 Page 1 of 12
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Case 1:07-cv-05807-TPG Document 9-36 Filed 01/30/2008 Page 12 of 12
CONFIDENTIAL TREATIEN
June 27, 2006 REQUESTER -
Ms. Eileen A. Donovan
Assistant Secretary of the Commission for
FOI, Privacy and Sunshine Acts Compliance
Commodity Futures Trading Commission
Three Lafayette Centre
1155 21* Street, N.W.
Washington, D.C. 20581

RE: FOIA CONFIDENTIAL TREATMENT REQUEST
Dear Ms. Donovan:

The Board of Trade of the City of Chicago, Inc. (“CBOT®” or “Exchange”) hereby petitions the
Commodity Futures Trading Commission, pursuant to Regulation 145.9, 17 C.F.R. §145.9, for
confidential treatment of a document relating to the CBOT’s business. This document is being
provided to the Office of the Secretariat of the Commission, in a Rule Certification, Reference
File #2688.02, in connection with an Electronic Market Maker (EMM) Program for CBOT 5,000
oz. Silver Options, and is entitled “Appendix 1 — Salient Features of CBOTTM 5,000 oz. Silver
Futures Options”.

Confidential treatment is requested for this document, until further notice, because disclosure
would reveal confidential commercial or financial information.

Pursuant to Regulation 145.9 (d)(3), 17 C.F.R. §145.9 (d)(3), the undersigned may be reached at
the Chicago Board of Trade, 141 West Jackson Boulevard, Chicago, Illinois 60604 at (312) 435-
3605.

Sincerely,

Paul J. Draths
Vice President and Secretary

ce: Office of the Secretariat


June 27, 2006

Ms. Eileen A. Donovan

Acting Secretary

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21* Street, N.W.

Washington, D.C. 20581
Reference File #2688.02
Rule Certification

Dear Ms. Donovan:

Pursuant to Commission Regulation 40.6(a), the Chicago Board of Trade (CBOT®) hereby
submits the following, which is subject to the enclosed FOIA Confidential Treatment Request:

- Revised Appendix 1 to the Electronic Market Maker (EMM) Program for CBOT
5,000 oz. Silver Options.

There were no opposing views in connection with this amendment.

The CBOT intends to implement this amendment one day after the Commission’s receipt of this
submission.

The CBOT certifies that this amendment complies with the Commodity Exchange Act and the
tules thereunder.

Sincerely,

Paul J. Draths
Vice President and Secretary
**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 TransCoastal Corporation (the “***Company***”) on Form 10-Q/A for the period ended June 30, 2014, as filed with the Securities and Exchange Commission on the date hereof (the “***Report***”), I, Stuart G Hagler, Chief Executive and Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge: 

 

1. The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as applicable; and 

 

2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company at the dates and for the periods indicated. 

 

Dated this 9th day of October, 2014 

 

/s/ Stuart G. Hagler 

 

Stuart G. Hagler

Chief Executive and Principal Financial Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-7817

HARRY RICHARD HAMMAR, III,

Plaintiff - Appellant,

versus

MR. ERMAN, Doctor; MS. BANKS, Nurse; MS. READ,

Nurse,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Gerald Bruce Lee, District

Judge. (CA-04-631-AM)

Submitted: July 27, 2005 Decided: August 2, 2005

Before KING, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Harry Richard Hammar, III, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Harry Richard Hammar, III, appeals from the district

court’s order denying relief on his 42 U.S.C. § 1983 (2000)

complaint under 28 U.S.C. § 1915(e)(2) (2000). We have reviewed

the record and the district court’s opinion, and we find that

Hammar failed to state a claim for which relief may be granted.

See Estelle v. Gamble, 429 U.S. 97 (1976). Accordingly, we affirm

the dismissal of his complaint. We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

AFFIRMED
<PAGE>


                                                                    ============
                                                                    EXHIBIT 10.1
                                                                    ============

                                2005 AMENDMENT TO
                      BOB EVANS FARMS, INC. AND AFFILIATES
                           SECOND AMENDED AND RESTATED
                           EXECUTIVE DEFERRAL PROGRAM

Effective January 1, 1999, Bob Evans Farms, Inc. ("Corporation") adopted the Bob
Evans Farms, Inc. and Affiliates Executive Deferral Program ("Plan") to provide
deferred compensation to a select group of its management or highly compensated
employees. Effective June 14, 1999 and May 1, 2002, the Corporation amended and
restated the Plan. Effective January 1, 2005, the Corporation again amends the
Plan as provided below. This Plan is intended to be an unfunded, nonqualified
program of deferred compensation within the meaning of Title I of ERISA.

Regardless of any other Plan provision to the contrary, Members may elect to
revoke any deferral election made under Section 3.01 for the 2005 Plan Year but
only:

-       By completing a revocation form to this effect on a form approved by the
        Committee; and

-       Returning that completed form to the Committee no later than December
        31, 2005.

If this revocation election is filed:

-       No Employer Nonqualified Matching Contribution will be made with respect
        to the amount subject to the revocation;

-       The affected amount will be returned to the electing Member on or before
        December 31, 2005;

-       The amount returned to the electing Member will be the amount deferred,
        adjusted to reflect any investment gains and losses credited on that
        amount; and

-       For all purposes (including reporting and withholding purposes), the
        Corporation will treat the amount returned as ordinary taxable income
        for 2005.

Once made, this election will be irrevocable.

IN WITNESS WHEREOF, this amendment is adopted this 13th day of December, 2005.

                                   BOB EVANS FARMS, INC.

                                   By: /s/Donald J. Radkoski
                                      -----------------------
                                   Print Name: Donald J. Radkoski
                                   Title: Chief Financial Officer, Treasurer and
                                    Secretary


                                      5
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-6949

SHONTA HELTON,

Plaintiff - Appellant,

v.

PATRICIA YELDELL, Warden, Leath Correctional Institution,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at 

Orangeburg. Donald C. Coggins, Jr., District Judge. (5:19-cv-02789-DCC)

Submitted: October 28, 2020 Decided: November 9, 2020

Amended: November 10, 2020

Before KEENAN, DIAZ, and QUATTLEBAUM, Circuit Judges

Dismissed by unpublished per curiam opinion.

Shonta Helton, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Shonta Helton seeks to appeal the district court’s order accepting the 

recommendation of the magistrate judge and dismissing as untimely Helton’s 28 U.S.C. 

§ 2254 petition. See Gonzalez v. Thaler, 565 U.S. 134, 148 & n.9 (2012) (explaining that 

§ 2254 petitions are subject to one-year statute of limitations, running from latest of four 

commencement dates enumerated in 28 U.S.C. § 2244(d)(1)). The order is not appealable 

unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 

§ 2253(c)(1)(A). A certificate of appealability will not issue absent “a substantial showing 

of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). When, as here, the district 

court denies relief on procedural grounds, the prisoner must demonstrate both that the 

dispositive procedural ruling is debatable and that the petition states a debatable claim of 

the denial of a constitutional right. Gonzalez, 565 U.S. at 140-41 (citing Slack v. McDaniel, 

529 U.S. 473, 484 (2000)).

We have independently reviewed the record and conclude that Helton has not made 

the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the 

appeal. We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process. 

DISMISSED
Clear All

        28 November 2022    

                    George H.W. Bush Carrier Strike Group Arrives in Naples, Italy                 
                The Nimitz-class aircraft carrier USS George H.W. Bush (CVN 77) – along with the embarked staff of Carrier Strike Group (CSG) 10, George H.W. Bush CSG -- arrived in Naples, Italy, for a scheduled port visit, Nov. 28, 2022.            

        30 August 2022    

                    USNS Trenton (T-EPF 5) completes Gulf of Guinea deployment                 
                MALAGA, Spain - The Spearhead-class expeditionary fast transport USNS Trenton (T-EPF 5) arrived in Malaga, Spain following a two month deployment to the Gulf of Guinea, Aug. 28, 2022.            

        10 May 2022    

                    USS Harry S. Truman arrives in Naples, Italy for port visit                 
                NAPLES, Italy - The Nimitz-class aircraft carrier USS Harry S. Truman (CVN 75) arrived in the Bay of Naples, Italy for a scheduled port visit, May 10, 2022.             

#####  

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###### Commander, U.S. Fleet Forces Command   |   1562 Mitscher Ave., Suite 250   |   Norfolk, Virginia 23551-2487

###### Official U.S. Navy Website
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 

MARIA DE LA CRUZ 

Plaintiff, 

-AGAINST80 LAFAYETTE ASSOCIATES, LLC, 

ALAN KASMAN DBA KASCO, 

AMERICAN EXPRESS BANK, LTD, 

AMERICAN EXPRESS COMPANY, 

AMERICAN EXPRESS TRAVEL 

RELATED SEREVICES COMPANY, 

INC.,ANN TAYLOR STORES 

CORPORATION, B.R. FRIES & 

ASSOCIATES, BATTERY PARK CITY 

AUTHORITY, BFP TOWER C CO. LLC, 

BFP TOWER C CO. LLC, BLACKMONMOORING-STEAMATIC CATASTOPHE, 

INC., D/B/A BMS CAT, et.al. 

Defendants. 

21 MC 102 (AKH) 

INDEX NO.: 07cv4464 

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-04464-AKH Document 21 Filed 09/19/2007 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 

 September 19, 2007 

METHFESSEL & WERBEL, ESQS. 

Attorneys for BMS Catastrophe 

 

By:________________________________ 

Frank J. Keenan (FK 8922) 

450 Seventh Avenue 

Suite 1400 

New York, New York 10123 

(212) 947-1999 

Case 1:07-cv-04464-AKH Document 21 Filed 09/19/2007 Page 2 of 3
Our File No. 66200ggg 

CERTIFICATE OF SERVICE 

The undersigned hereby certifies as follows: 

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

 2. On September 14, 2007 the undersigned prepared and 

forwarded copies of the within Notice of Adoption , via ECF, to the 

following parties: 

 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-04464-AKH Document 21 Filed 09/19/2007 Page 3 of 3
1

Exhibit U

Request for Confidential Treatment

The Company requests that the following information, including all attachments to the Exhibits, be subject 

to its request for confidential treatment pursuant to §145.9 of the Commission’s regulations:

Exhibit Exhibit File Name

[TEX] DCM Table of Contents

A [TEX] Beneficial Ownership

B [TEX] Officer and Director Information

C [TEX] Board Fitness Standards and Composition

D [TEX] Corporate Organizational Structure

E [TEX] Personnel Qualifications

F [TEX] Staffing Requirements

H [TEX] Material Pending Legal Proceedings

I [TEX] Financial Information

J [TEX] Affiliate Financial Statements

K [TEX] Dues, Fees, and Other Charges

N [TEX] Contracts/Agreements

O [TEX] Market Supervision Manual

P [TEX] Disciplinary and Enforcement Protocols, Alternative Dispute Resolution

Q [TEX] Trading System

R [TEX] Rules Prohibiting Trade Practice Violations

S [TEX] Trading Data

T [TEX] Clearing Organization

V [TEX] Technology Questionnaire
[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Notices]
[Page 23721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11597]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Center for Scientific Review; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis 
Panel.
    Date: May 14, 2001.
    Time: 3 p.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: NIH, Rockledge 2, Bethesda, MD 20892, (Telephone 
Conference Call).
    Contact Person: Gloria B. Levin, Ph.D., Scientific Review 
Administrator, Center for Scientific Review, National Institutes of 
Health, 6701 Rockledge Drive, Room 3166, MSC 7848, Bethesda, MD 
20892, (301) 435-1017, <a href="/cdn-cgi/l/email-protection#f9959c8f90979eb99a8a8bd7979091d79e968f"><span class="__cf_email__" data-cfemail="442821322d2a23042737366a2a2d2c6a232b32">[email protected]</span></a>.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.305, 
Comparative Medicine, 93.306; 93.333, Clinical Research, 93.333, 
93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, 
National Institutes of Health, HHS)


    Dated: May 1, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-11597 Filed 5-8-01; 8:45 am]
BILLING CODE 4140-01-M


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