alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**645 KA 14-00512** 
PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND DEJOSEPH, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

WALTER M. EDWARDS, DEFENDANT-APPELLANT.

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (MARY-JEAN BOWMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (LAURA T. BITTNER OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered February 28, 2014. The judgment convicted defendant, upon a jury verdict, of burglary in the first degree, intimidating a victim or witness in the second degree and assault in the third degree (two counts).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of, inter alia, burglary in the first degree (Penal Law § 140.30 [2]) and intimidating a victim or witness in the second degree (§ 215.16 [2]), defendant contends that the verdict is against the weight of the evidence with respect to those crimes. Viewing the evidence in light of the elements of those crimes as charged to the jury ( see People v Danielson , 9 NY3d 342, 349), we reject that contention ( see generally People v Bleakley , 69 NY2d 490, 495; People v Gibson , 89 AD3d 1514, 1515, lv denied 18 NY3d 924). Defendant’s further contention that the verdict is inconsistent because he was convicted of burglary in the first degree but was acquitted of the count of assault in the third degree related to that same incident is not preserved for our review inasmuch as defendant failed to object to the verdict before the jury was discharged ( see People v Bartlett , 89 AD3d 1453, 1454, lv denied 18 NY3d 881), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [6] [a]). We reject defendant’s challenge to the severity of the sentence.

Entered: June 12, 2015 Frances E. Cafarell Clerk of the Court
<Page>

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in this Post-Effective Amendment
No. 25 to Registration Statement No. 033-37577 of Variable Account D of Union
Security Insurance Company (formerly Fortis Benefits Insurance Company), on
Form N-4, of our report dated February 24, 2005,  relating to the statements
of assets and liabilities of Variable Account D as of December 31, 2004, and
the related statements of operations for the year then ended and the
statements of changes in net assets for each of the two years in the period
ended December 31, 2004, appearing in the Statement of Additional
Information, which is incorporated by reference in such Registration
Statement, and to the reference to us under the heading "Experts" in such
Statement of Additional Information.

/s/ Deloitte & Touche LLP
Hartford, Connecticut
October 21, 2005
Exhibit 31.1
 CERTIFICATION PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
      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
Quarterly Report is being prepared;b)
    
    designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;c)
    
    evaluated the effectiveness of the Registrants disclosure controls and procedures
and presented in this Quarterly Report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this Quarterly
Report based on such evaluation; andd)
    
    disclosed in this Quarterly 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
  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;
andb)
    
    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: May 15, 2010
    By:
    /s/Roy A. BauerRoy A. Bauer, CEO, President and Director
```

[Federal Register: July 11, 2000 (Volume 65, Number 133)]
[Notices]
[Page 42678]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy00-34]


[[Page 42678]]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 11:00 a.m., Friday, July 21, 2000.

PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Conference Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.

Jean A. Webb,
Secretary of the Commission.
[FR Doc. 00-17585 Filed 7-7-00; 8:45 am]
BILLING CODE 6351-01-M
```

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**======== RETURN TO INDEX    ========**

----
Exhibit
32.1








CERTIFICATION
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT 0F 2002





In
connection with the Quarterly Report of LG Holding Corporation (the Company") on
Form 10-Q for the period ended herein as filed with the Securities and Exchange
Commission (the "Report"), I. Allan Reeh, Chief Executive and Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted
pursuant to ss.906 of the Sarbanes-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 fully presents, in all material respects,
the financial condition and results of operations or the Company.






Dated:
August
28,
2008


By:
            /s/ Allan ReehAllan
      Reeh
              Chief
      Executive Officer
              Chief
      Financial Officer
[Federal Register Volume 66, Number 112 (Monday, June 11, 2001)]
[Notices]
[Pages 31227-31228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14552]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP01-377-001]


Northern Border Pipeline Company; Notice of Compliance Tariff 
Filing

June 5, 2001.
    Take notice that on May 31, 2001 Northern Border Pipeline Company 
(Northern Border) tendered for filing to become part of Northern 
Border's FERC Gas Tariff, First Revised Volume No. 1, First Revised 
Sheet Number 300H.02 and First Revised Sheet Number 300H.03 to become 
effective May 17, 2001.
    Northern Border states that the purpose of this filing is to comply 
with the Commission's order dated May 16, 2001, 95 FERC para. 61, 207, 
wherein the Commission directed Northern Border to file tariff sheets 
to incorporate a five year cap on matching negotiated rate bids for 
ROFR capacity, state clearly how negotiated rate bids will be evaluated 
consistent with Commission policy, and specify in it's tariff that 
Northern Border will maintain separate and identifiable accounts for 
negotiated rate transactions as required by the Commission's Policy 
Statement.
    Northern Border states that copies of this filing have been sent to 
all parties of record in this proceeding.
    Any person desiring to protest said filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, in accordance with section 385.211 of the 
Commission's Rule and Regulations. All such protests must be filed in 
accordance with section 154.210 of the Commission's Regulations. 
Protests will be considered by the Commission's in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceedings. 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

[[Page 31228]]

385.2001(a)(1)(iii) and the instructions on the Commission's web site 
at 
http://www.ferc.fed.us/efi/doobell.htm.

David P. Boergers,
Secretary.
[FR Doc. 01-14552 Filed 6-8-01; 8:45 am]
BILLING CODE 6717-01-M
---

EXHIBIT 32.1

|CERTIFICATION OF CHIEF EXECUTIVE OFFICER     
|---------------------------------------------
|                                             
|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 Sierra Ventures,
Inc. (the Company) on Form 10-Q for the quarter and six months ended November
30, 2008, as filed with the Securities and Exchange Commission on the date
hereof (the Periodic Report), I, Ian Jackson, Chief Executive 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 Periodic 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 Periodic Report fairly
      presents, in all material respects, the financial condition and results of
      operations of the Company.

Dated: January 13, 2009

/s/ Ian Jackson

Ian JacksonChief Executive
Officer

---
# C_2011376EN.01011601.xml

| 22.12.2011 | EN | Official Journal of the European Union | C 376/116 |
| --- | --- | --- | --- |

22.12.2011

EN

Official Journal of the European Union

C 376/116

---

Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1927/2006 establishing the European Globalisation Adjustment Fund’

COM(2011) 336 final — 2011/0147 (COD)

2011/C 376/21

On 14 and 19 July 2011 respectively, the Council and the European Parliament decided to consult the European Economic and Social Committee, under Article 175, third paragraph of the Treaty on the Functioning of the European Union, on the

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1927/2006 establishing the European Globalisation Adjustment Fund

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1927/2006 establishing the European Globalisation Adjustment Fund

COM(2011) 336 final — 2011/0147 (COD).

Since the proposal in question has no further purpose than to extend a temporary derogation brought about by Regulation (EC) No 546/2009, and since the Committee has already set out its views on the subject in its earlier opinion CESE 627/2009 (1), adopted on 24 March 2009, it decided, at its 474th plenary session of 21 and 22 September 2011 (meeting of 21 September 2011), by 160 votes to 2 with 12 abstentions, not to draw up a new opinion on the subject, but to refer to the position it had taken in the above-mentioned document.

1

Brussels, 21 September 2011.

The President of the Economic and Social Committee

Staffan NILSSON

---

(1)  EESC opinion on the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund COM(2008) 867 final – COD 2008/0267 – OJ C 228, 22.9.2009, p. 103.

1

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund

---
INDEPENDENT AUDITORS' CONSENT


The Stockholders and Board of Directors
The Network Connection, Inc.:

We consent to incorporation  by reference in the  registration  statements (Nos.
333-38313  and  333-38315)  on Form S-8 of The Network  Connection,  Inc. of our
report  dated  October 12, 1999,  relating to the balance  sheets of The Network
Connection,  Inc.  as of June 30, 1999 and  October  31,  1998,  and the related
statements of  operations,  changes in  stockholders'  equity  (deficiency)  and
comprehensive  income and cash flows for the  Transition  Period  ended June 30,
1999 and each of the years in the two year period ended October 31, 1998,  which
report appears in the June 30, 1999, annual report on Form 10-KSB of The Network
Connection, Inc.

                                               /s/ KPMG LLP

Phoenix, Arizona
October 12, 1999
IN THE SUPREME COURT OF THE STATE OF MONTANA DA 22-0585 TIMOTHY J. WHALEN,

Plaintiff and Appellant, and ELIZABETH BRIDGES,

Plaintiff,
v. BEARTOOTH ELECTRIC CO-OP, INC.,

Defendant and Appellee. 

# FILED JAN 2 7 2023 Bowen Greenwood clerk of Supreme Court State of Montana ORDER

Pursuant to Appellant Timothy J. Whalen's motion for extension oftime to file his opening briefand good cause appearing, IT IS HEREBY ORDERED that Appellant has until March 1, 2023, to file his opening brief. `1 1-- DATED this
-

C7 day ofJanuary, 2023. For the Court,

ChiefJustice 01/27/2023

Case Number: DA 22-0585
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND STATEMENT OF OPERATIONS OF AMERIGAS PARTNERS,
L.P. AND SUBSIDIARIES AS OF AND FOR THE YEAR ENDED SEPTEMBER 30, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS INCLUDED IN
AMERIGAS PARTNERS' ANNUAL REPORT ON FORM 10-K FOR THE YEAR ENDED SEPTEMBER 30, 
1997.
</LEGEND>
<CIK> 0000932628
<NAME> AMERIGAS PARTNERS, L.P.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               SEP-30-1997
<CASH>                                           4,069
<SECURITIES>                                         0
<RECEIVABLES>                                   86,216
<ALLOWANCES>                                     7,875
<INVENTORY>                                     64,933
<CURRENT-ASSETS>                               183,091
<PP&E>                                         612,062
<DEPRECIATION>                                 167,385
<TOTAL-ASSETS>                               1,318,661
<CURRENT-LIABILITIES>                          180,869
<BONDS>                                        684,308
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     397,537
<TOTAL-LIABILITY-AND-EQUITY>                 1,318,661
<SALES>                                      1,077,825
<TOTAL-REVENUES>                             1,077,825
<CGS>                                          600,372
<TOTAL-COSTS>                                  600,372
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              65,658
<INCOME-PRETAX>                                 44,715
<INCOME-TAX>                                       180
<INCOME-CONTINUING>                             43,980
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    43,980
<EPS-PRIMARY>                                     1.04
<EPS-DILUTED>                                     1.04
        

</TABLE>
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 11-50352

Summary Calendar

JOANNE HARP,

Plaintiff-Appellant

v.

LIBERTY MUTUAL FIRE INSURANCE COMPANY,

Defendant-Appellee

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:08-CV-655

Before REAVLEY, SMITH, and PRADO, Circuit Judges.

PER CURIAM:*

Joanne Harp appeals following the district court’s grant of summary

judgment to the defendant in her suit alleging that Liberty Mutual Insurance

Company breached its duties under the Texas Insurance Code and acted in bad

faith by denying and delaying benefits for her workers’ compensation claim. 

Reviewing the record de novo, see Dickie Brennan & Co. v. Lexington Ins. Co.,

United States Court of Appeals

Fifth Circuit

F I L E D

December 8, 2011

Lyle W. Cayce

Clerk

 Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

Case: 11-50352 Document: 00511689541 Page: 1 Date Filed: 12/08/2011
No. 11-50352

636 F.3d 683, 685 (5th Cir. 2011), we AFFIRM essentially for the reasons given

by the district court.

1. The undisputed record evidence shows that Liberty Mutual paid Harp 

temporary income benefits throughout the claims process. It also shows 

that Harp was provided with prescription medication, a surgical nerve 

block injection, and a walking boot for her compensable injury. Liberty 

Mutual disputed whether the extent of Harp’s foot injury included chronic 

femoral pain syndrome, a foot cyst, knee pain, bursitis, and complex 

regional pain syndrome (CRPS), but the record fails to show that specific 

medical treatment or income benefits were improperly denied. Conclusory 

assertions by Harp’s treating physician that the carrier was denying all 

medical treatment and medications are belied by the record and fail to 

create a genuine issue of material fact.

2. We find no reversible error in the district court’s refusal to consider 

evidence that Harp submitted for the first time in her objections to the 

magistrate judge’s report. At most, the evidence constituted only a 

scintilla of evidence and is insufficient to defeat summary judgment. See 

Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994) (en banc). 

Most of the evidence is also contradicted by the record showing Liberty 

Mutual’s payment of medical and income benefits.

AFFIRMED.

2

Case: 11-50352 Document: 00511689541 Page: 2 Date Filed: 12/08/2011
| **--------------------------------------------------------------------------------------------------------------------** |
|--------------------------------------------------------------------------------------------------------------------------|

| DOCUMENT: | **CL** | **1** |
|-----------|--------|-------|

|  | **Johnson,          Philip McBride** |
|--|---------------------------------------|

| DATE: | 11/18/2002 | FR          page: | N/A | pageS: | 1 | PDF          SIZE: | 61 KB | PDF          LINK: | /files/foia/c |
|-------|------------|--------------------|-----|--------|---|---------------------|-------|---------------------|---------------|

|  | **--------------------------------------------------------------------------------------------------------------------** |
|--|--------------------------------------------------------------------------------------------------------------------------|

FirstPreviousNextLast
**EXHIBIT32.2**

 

**Certification of Executive Vice President andChief Operating Officer**

**Pursuant to 18 U.S.C. Section 1350, AsAdopted**

**Pursuant to Section 906 ofSarbanes-Oxley Act of 2002**

 

In connection with the Quarterly Report on Form 10-Qof Danvers Bancorp, Inc. (the “Company”) for the Three and Six MonthsEnded June 30, 2008, as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), I hereby certify, to the best knowledge andbelief of the signatory, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.               The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, and

 

2.               The informationcontained in the Report fairly presents, in all material respects, theconsolidated financial condition and results of operations of the Company asof, and for, the period covered by the Report.

 

This statement is authorized to be attachedas an exhibit to the Report so that this statement will accompany the Report atsuch time as the Report is filed with the Securities and Exchange Commission,pursuant to Section 906 of the Sarbanes-Oxley Act of 2202, 18 U.S.C. Section 1350.  It is not intended that this statement bedeemed to be filed for purposes of the Securities and Exchange Act of 1934, asamended.

 

A signal original of this written statementrequired by Section 906 has been provided to the Company and will beretained by the Company and furnished to the Securities and Exchange Commissionor its staff upon request.

 

 
| /s/ James J. McCarthy                                |   |
|------------------------------------------------------|--------|
| James J. McCarthy                                    |   |
| Executive Vice President and Chief Operating Officer |   |

 

----