alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Richard Cary, Appellant.

[875 NYS2d 806]—

Appeals by the defendant from (1) a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered April 16, 2007, convicting him of attempted robbery in the first degree and resisting arrest under indictment No. 2089-06, upon a jury verdict, and imposing sentence, and (2) a judgment of the same court rendered July 25, 2007, convicting him of assault in the second degree under indictment No. 716-07, upon his plea of guilty, and imposing sentence.

Ordered that the judgments are affirmed.

Viewing the evidence adduced at the trial of indictment No. 2089-06 in the light most favorable to the prosecution *(see People v Contes,*60 NY2d 620 [1983]), we find that it was legally suf*1077ficient to establish the defendant’s guilt beyond a reasonable doubt. In fulfilling our responsibility to conduct an independent review of the weight of the evidence *(see*CPL 470.15 [5]; *People v Danielson,*9 NY3d 342 [2007]), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor *(see People v Mateo, 2*NY3d 383, 410 [2004], *cert denied*542 US 946 [2004]; *People v Bleakley,*69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt on indictment No. 2089-06 was not against the weight of the evidence *(see People v Romero,*7 NY3d 633 [2006]).

The sentences imposed were not excessive *(see People v Suitte,*90 AD2d 80 [1982]).

The defendant’s remaining contentions are without merit. Skelos, J.P., Fisher, Santucci and Balkin, JJ., concur.
**Exhibit 32.2**

 

CYCLECOUNTRY ACCESSORIES CORP.

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION 1350

ASADOPTED PURSUANT TO

SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with this Annual Report of Cycle Country Accessories Corp. (the “Company”)on Form 10-K for the year ended September 30, 2009 (the “Report”), I,Robert Davis, Interim Chief Financial Officer of the Company, certify, pursuantto Section 18 U.S.C. 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that to my knowledge:

 

(1) TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

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

 

 
| /s/ Robert Davis                 |   |
|----------------------------------|--------|
| Robert Davis                     |   |
| Interim Chief Financial  Officer |   |
| May 20, 2010                |   |

 

----
# C_2010001EN.01000501.xml

| 5.1.2010 | EN | Official Journal of the European Union | C 1/5 |
| --- | --- | --- | --- |

5.1.2010

EN

Official Journal of the European Union

C 1/5

---

Authorisation for State aid pursuant to Articles 107 and 108 TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2010/C 1/03

| Date of adoption of the decision | 3.12.2009 |
| --- | --- |
| Reference number of State Aid | N 547/09 |
| Member State | Romania |
| Region | — |
| Title (and/or name of the beneficiary) | Schema cadru național temporar de acordare de ajutoare de stat pentru sprijinirea societățiilor afectate de actuala criză economică și financiară |
| Legal basis | Schema cadru național temporar de acordare de ajutoare de stat pentru sprijinirea societățiilor afectate de actuala criză economică și financiară |
| Type of measure | Aid scheme |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Direct grant, Interest subsidy, Guarantee |
| Budget | Overall budget: RON 950 million |
| Intensity | — |
| Duration (period) | Until 31.12.2010 |
| Economic sectors | — |
| Name and address of the granting authority | AIPPIMM |
| Str. Poterași nr. 11 |
| 040263 București |
| ROMÂNIA |

Date of adoption of the decision

3.12.2009

Reference number of State Aid

N 547/09

Member State

Romania

Region

—

Title (and/or name of the beneficiary)

Schema cadru național temporar de acordare de ajutoare de stat pentru sprijinirea societățiilor afectate de actuala criză economică și financiară

Legal basis

Schema cadru național temporar de acordare de ajutoare de stat pentru sprijinirea societățiilor afectate de actuala criză economică și financiară

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Direct grant, Interest subsidy, Guarantee

Budget

Overall budget: RON 950 million

Intensity

—

Duration (period)

Until 31.12.2010

Economic sectors

—

Name and address of the granting authority

AIPPIMM

Str. Poterași nr. 11

040263 București

ROMÂNIA

| AVAS |
| --- |
| Str. Cpt. Aviator Șerbanescu nr. 50 |
| 014013 București |
| ROMÂNIA |

AVAS

Str. Cpt. Aviator Șerbanescu nr. 50

014013 București

ROMÂNIA

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

---
March 1, 2003                                                     Exhibit 2


Ms. Jennifer Cupo
Citibank, N.A.
111 Wall Street 14th Floor
New York, NY 10043


RE:	Officer's Certificate -	Statement as to Compliance

	Cendant Mortgage Capital LLC, Series:  CDMC 2002-3

Dear Ms. Cupo:

The undersigned officer certifies the following for Cendant Mortgage
Corporation for the 2002 calendar year.

To the best of our knowledge:

(i)  A review of the activities of the Master Servicer during the preceding
     year and of performance under the Pooling and Servicing Agreement dated
     as of April 1, 2002 has been made under such officers' supervision.

(ii) To the best of such officers' knowledge, based on such review, the Master
     Servicer has fulfilled all of its obligations under the Pooling and
     Servicing Agreement dated April 1, 2002 throughout such year.




Certified by:


/s/ Marc J. Hinkle
------------------
Officer - Marc J. Hinkle
Vice President - Loan Servicing
Cendant Mortgage Corporation
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DARONTA TYRONE LEWIS,

Plaintiff

- Appellant,

v.

P. GARCIA; et al.,

Defendants

- Appellees. No. 20

- 17394

D.C. No. 2:20

- cv

- 00399

- TLN

DMC

MEMORANDUM *

Appeal from the United States District Court

for the Eastern District of California

Troy L. Nunley, District Judge, Presiding

Submitted January 19, 2022 * *

Before: SILVERMAN, CLIFTON, and HURWITZ , Circuit Judges.

California state prisoner Daronta Tyrone Lewis appeals pro se from the

district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging violations

of the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291. We

review for an abuse of discretion. In re Phenylpropanolamine (PPA) Prods. Liab.

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JAN 26 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 20

- 17394

Litig. , 460 F.3d 1217, 1233

- 34 (9th Cir. 2006) (dismissal as a sanction under Fed.

R. Civ. P. 37); Ash v. Cvetkov , 739 F.2d 493, 495 (9th Cir. 1984) (dismissal for

failure to prosecute). We vacate and remand

.

T he district court dismissed Lewis’s action for failure to prosecute because

Lewis had failed to follow or acknowledge the court’s orders. However

, in his

notice of appeal, Lewis explained that he had not received the court’s order to

submit an application for leave to proceed in forma pauperis due to factors outside

of h is control. See Hernandez v. City of El Monte , 138 F.3d 393, 400 (9th Cir.

1998) ( “ D ismissal is a harsh penalty,” appropriate “only in extreme circumstances”

of “unreasonable delay.” ). W e vacate the judgment and remand for further

proceedings

.

VACATED AND REMANDED.
EXHIBIT 31.1  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002   I, Harry Orfanos, the Chief Executive Officer of Spectrum Acquisition Corporation, hererby certify that:  1. I have reviewed Quarterly Report on Form 10-QSB of Spectrum Acquisition Corporation (theregistrant);  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(s) 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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a15(f) and 15d15(f)) 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 (the registrants fourth fiscal quarter in the case of an annual report) 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(s) 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 (or persons performing the equivalent functions):  (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 small 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.   /s/ Harry OrfanosHarry Orfanos, Chief Executive Officer  Date:  February 14, 2008
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 on Form 10-Q for the  three-month
period ending August 31, 2008 of River  Exploration,  Inc., a Nevada corporation
(the  "Company"),  as filed with the Securities  and Exchange  Commission on the
date hereof (the "Quarterly Report"),  I, Andrew Aird,  Chairman,  President 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:

     1.   The Quarterly  Report fully complies with the  requirements of Section
          13(a) or15(d) of the  Securities and Exchange Act of 1934, as amended;
          and

     2.   The information contained in this Quarterly Report fairly presents, in
          all  material  respects,   the  financial  condition  and  results  of
          operation of the Company.



/s/ ANDREW AIRD
________________________________________
Andrew Aird
President, Secretary Treasurer,
Principal Executive Officer,
Principal Financial Officer and Director


Date: October 10, 2008
##### 



Exhibit 13.1
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
  (1)
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; 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/ Pierre FrancoeurName: Pierre FrancoeurTitle: President and Chief Operating Officer
 The foregoing certification is being furnished solely pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code) and is not being filed as part of the Report or as a separate disclosure document.
CERTIFICATION OF
 CHIEF EXECUTIVE OFFICER AND
 CHIEF FINANCIAL OFFICER
 PURSUANT TO 18 U.S.C. SECTION 1350
 
 
 In connection with this Yearly Report of China HGS Real Estate Inc. (the “Company”) on Form 10-K for the year ending September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Xiaojun Zhu, Chief Executive Officer and Chief Financial and Accounting Officer
of the Company, certifies to the best of his knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:
 
 1.
Such Yearly Report on Form 10-K for the year ending September 30, 2009, 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 such Yearly Report on Form 10-K for the year ending September 30, 2009, fairly presents, in all material respects, the financial condition and results of operations of China HGS Real Estate Inc.
 
 Date: December 29, 2009
 
 
 By:/s/ Xiaojun Zhu
 Xiaojun Zhu
 Chief Executive Officer and
 Chief Financial and Accounting Officer
# EXHIBIT 99.1

# MTS Systems Corporation
Executive Variable Compensation (EVC) Plan
2007 Performance Goals

The Board of Directors of MTS Systems
Corporation has established the Performance Goals for the fiscal year 2007 Performance
Period. They are as follows:

Earnings Per Share;
Earnings Before Interest and Taxes;
Working Capital Rate to Revenue; and
Revenue

---
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, April 01, 2020. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, April 01, 2020 The Court of Appeals hereby passes the following order A20D0343. THERIAN WIMBUSH v. GWINNETT JUVENILE COURT et al. Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
LC NUMBERS: 19A015454
<PAGE>
                                                                   Page 10 of 14

                                                                   EXHIBIT 99(c)

                        KEYCORP STUDENT LOAN TRUST 2001-A
                              OFFICER'S CERTIFICATE


Bank One, National Association              The Chase Manhattan Bank
One Bank One Plaza, Suite 0126              450 West 33rd Street, 14th Floor
Chicago, IL 60670                           New York, NY 10001
Attn: Corporate Trust Administration        ATTN: Structured Finance
Phone: (312) 407-0192                       Phone: (201) 593-6784
Fax: (312) 407-1708                         Fax: (201) 593-6459

MBIA Insurance Corporation                  Key Bank USA, National Association
113 King Street                             800 Superior Ave, 4th Floor
Armonk, NY 10504                            Cleveland, Ohio 44114
ATTN: Data Administration                   ATTN: Key Education Resources,
Phone (914) 765-3772                              Student Loan Trust 2001A
Fax: (914) 765-3810                         Phone: (216) 828-9342
                                            Fax: (216) 828-9301

Key Consumer Receivables LLC
c/o Key Bank USA, National Association
800 Superior Ave 4th Floor
Cleveland, Ohio 44114
ATTN: Senior Vice President
Phone: (216) 828-9342
Fax: (216) 828-9301


Pursuant to Section 3.08 of the Subservicing Agreement between Key Bank USA,
National Association as Master Servicer and Great Lakes Educational Loan
Services, Inc., as Subservicer, dated as of September 1, 2001 (the "Agreement"),
the undersigned hereby certifies that (i) a review of the activities of the
Subservicer from the inception of the Trust, through December 31, 2001, and of
its performance under the Agreement has been made, and (ii) to the best of the
undersigned's knowledge, based on the review, the Subservicer has fulfilled all
its obligations under the Agreement throughout such period

                                            Great Lakes Educational Loan
                                            Services, Inc., Subservicer

Date: March 8, 2002                         By:    /s/ MICHAEL J. NOACK
                                                -------------------------------
                                            Name:  Michael J. Noack
                                            Title: Chief Servicing Officer
Exhibit 32.1

CERTIFICATION

In connection with the periodic report of Abraxis BioScience, Inc. (the Company) on Form 10-Q for the quarterly period ended
June 30, 2010 as filed with the Securities and Exchange Commission (the Report), I, Bruce J. Wendel, Chief Executive Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63,
Section 1350 of the United States Code, that to the best of my knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for
the periods indicated.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 5, 2010



/S/ BRUCE J. WENDELBruce J. Wendel Chief
Executive Officer


This certification accompanies this Report on Form 10-Q pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act). Such
certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
[Federal Register Volume 66, Number 104 (Wednesday, May 30, 2001)]
[Notices]
[Page 29377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13469]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY


Submission for OMB Review; Comment Request

May 22, 2001.
    The Department of Treasury has submitted the following public 
information collection requirement(s) to OMB for review and clearance 
under the Paperwork Reduction Act of 1995, Public Law 104-13. Copies of 
the submission(s) may be obtained by calling the Treasury Bureau 
Clearance Officer listed. Comments regarding this information 
collection should be addressed to the OMB reviewer listed and to the 
Treasury Department Clearance Officer, Department of the Treasury, Room 
2110, 1425 New York Avenue, NW., Washington, DC 20220.

DATES: Written comments should be received on or before June 29, 2001 
to be assured of consideration.

Bureau of Alcohol, Tobacco and Firearms (BATF)

    OMB Number: 1512-0525.
    Form Number: ATF F 5300.38.
    Type of Review: Extension.
    Title: Application for an Amended Federal Firearms License.
    Description: This form is used when a Federal firearms licensee 
makes application to change the location of the firearms business 
premises. The applicant must certify that the proposed new business 
premises will be in compliance with State and local law for that 
location, and forward a copy of the application to the chief law 
enforcement officer having jurisdiction over the new premises.
    Respondents: Business or other for-profit, Individuals or 
households.
    Estimated Number of Respondents: 18,000.
    Estimated Burden Hours Per Respondent: 1 hour, 15 minutes.
    Estimated Total Reporting Burden: 22,500.

    OMB Number: 1512-0526.
    Form Number: None.
    Type of Review: Extension.
    Title: Implementation of Public Law 103-322, The Violent Crime 
Control and Law Enforcement Act of 1994.
    Description: These regulations implement the provisions of Public 
Law 103-322 by restricting the manufacture, transfer, and possession of 
certain semiautomatic assault weapons and large capacity ammunition 
feeding devices.
    Respondents: Business or other for-profit, Individuals or 
households.
    Estimated Number of Respondents/Recordkeepers: 2,107,000.
    Estimated Burden Hours Per Respondent/Recordkeeper:
      Reporting--6 minutes
      Recordkeeping--2 hours, 42 minutes
    Frequency of Response: On occasion.
    Estimated Total Reporting/Recordkeeping Burden: 458,942 hours.
    Clearance Officer: Frank Bowers, (202) 927-8930, Bureau of Alcohol, 
Tobacco and Firearms, Room 3200, 650 Massachusetts Avenue, NW, 
Washington, DC 20226.
    OMB Reviewer: Alexander T. Hunt, (202) 395-7860, Office of 
Management and Budget, Room 10202, New Executive Office Building, 
Washington, DC 20503.

Mary A. Able,
Departmental Reports Management Officer.
[FR Doc. 01-13469 Filed 5-29-01; 8:45 am]
BILLING CODE 4810-31-U