alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Yoko Hense, Respondent, v Michael A. Hense, Appellant.

[876 NYS2d 429]—

In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from stated portions of a judgment of the Supreme Court, Westchester County (Martin, J.), entered October 25, 2007, which, upon so much of an order of the same court dated May 21, 2007, as denied that branch of the defendant’s motion which was for an award of interim maintenance, upon an order of the same court also dated May 21, 2007, denying the defendant’s separate motion for leave to serve and file an amended answer, inter alia, to assert a counterclaim alleging that the plaintiff fraudulently transferred and concealed marital assets, and, after a nonjury trial, among other things, equitably distributed the parties’ marital property and failed to award him maintenance.

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff former wife commenced this action for a divorce against the defendant former husband after more than 30 years of marriage. While the plaintiff appeared by counsel, the defendant’s counsel withdrew prior to the trial date and the defendant appeared pro se thereafter.

On the day of trial, the Supreme Court denied the defendant’s motion for an award of interim maintenance and also denied his separate motion for leave to amend his answer, inter alia, to assert a counterclaim alleging that the plaintiff fraudulently transferred and concealed marital assets.

*In*the course of narrowing the issues for trial in open court, the parties entered into a stipulation of settlement, which provided, inter alia, for the proceeds from the sale of the marital residence to be equally distributed, for the defendant to retain the contents of the marital home, and for the plaintiff to pay the defendant monthly maintenance in the sum of $600 for six months. The parties confirmed their respective agreement to the terms of the stipulation in open court.

Contrary to the defendant’s contention, the court properly denied his motion for interim maintenance in light of the plaintiffs lack of financial means *(cf. Pascazi v Pascazi,*52 AD3d *815664 [2008]; *Jordan v Jordan,*2 AD3d 687 [2003]). The court also properly denied the defendant leave to amend his answer, inter alia, to assert a proposed counterclaim, since the record reveals that the lack of merit to the proposed amendment was “clear and free from doubt . . . [and that] the proposed amendment is palpably insufficient or patently devoid of merit” *(Lucido v Mancuso,*49 AD3d 220, 226-227 [2008] [internal quotation marks omitted], *lv granted*2008 NY Slip Op 68750[U] [2d Dept 2008]; *cf. Caruso, Caruso & Branda, P.C. v Hirsch,*41 AD3d 407, 409 [2007]).

The defendant’s remaining contentions have been rendered academic or are without merit. Fisher, J.P., Angiolillo, Balkin and Belen, JJ., concur.
CIRCUIT COURT OF THE CITY OF ROANOKE

#### Conrad Tobias Moore v. Allison L. Moore

October 17, 2002

Case Nos. CH. 02-819 and 02-820

By Judge Charles N. Dorsey

On the notice filed by Mr. Bowers, I deny his request for ajury trial on this appeal of custody and visitation orders from the juvenile court.

“Does the Constitution guarantee ajury trial in *all*‘suits between man and man?’ ... No such claim can be made. We must look to the law as it existed when the Constitution was adopted and as it has been uniformly construed since that time.” *W. S. Forbes & Co.*v. *Southern Cotton Oil Co.,*130 Va. 245, 260 (1921).

In fact, as pointed out in the *Forbes*decision, prior to the Constitution of 1869, the phrase used was *“ancient*trial by jury,” but the word “ancient” was deleted that year and has not re-appeared.

“The constitutional guaranty of jury trial is by no means universal in its application. Although the word ‘suit’ is used in the Constitution, it is conceded everywhere that the provision has no application to suits in chancery as they existed at the time of the adoption of the Constitution, as the chancery courts exercised their functions without the intervention of juries at that time, and the guaranty extended only to such cases as were triable by juiy at the date of adoption.” *Forbes, supra,*at 263-64 (references deleted).

Inasmuch as this is a chancery cause, I believe it is well settled that there is no right to ajury trial. I am aware, of course, that equitable principles may not be invoked in a way so as to adversely affect the interest of the child. *669That rationale, as expressed in *Brown v. Kittle, 225*Va. 451 (1983), has no application here.

Consequently, as I ruled in our hearing today, the request for jury trial is denied; the request pertaining to contempt has been stipulated to be a request for civil contempt and will be taken up at the time of trial on the appeal; and the request for visitation has been worked out between the parties, the specifics of which may either be placed in the order or merely left to the parties to act in accord with their agreement.
**Exhibit 31.1**

**ORANGE 21 INC.**

**Certification of the Chief Executive Officer Pursuant to Section 302 of theSarbanes-Oxley Act of**

**2002 for the Period Ended December 31, 2006**

I, Mark Simo, certify that: 

1.        I have reviewed this Annual Report on Form 10-K for the fiscal year ended December 31, 2006 of Orange 21 Inc.; 

2.        Based on my knowledge, this report does not contain any untrue statement of a material fact or omit tostate 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 thisreport, 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 maintainingdisclosure 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, includingits consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this annual report is being prepared; 

b)    evaluated the effectiveness of the Registrant’s disclosure controls and procedures and presented in thisreport 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 thatoccurred 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 internalcontrol over financial reporting; and 

5.        The Registrant’s other certifying officer andI have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Registrant’s auditors and the audit committee of Registrant’s board of directors (or persons performing the equivalent functions):

a)    all significant deficiencies and material weaknesses in the design or operation of internalcontrol 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 inthe Registrant’s internal control over financial reporting.
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.                  

###### Federal Communications Commission

# AGENCY:

Federal Communications Commission. 

# ACTION:

Notice of meeting. 

# SUMMARY:

In accordance with the Federal Advisory Committee Act, this notice advises interested persons of the fourth meeting of the Network Reliability and Interoperability Council (Council) under its charter renewed as of January 6, 2000. 

# DATES:

 Tuesday, June 26, 2001 at 10:00 a.m. to 12:00 p.m. 

# ADDRESSES:

Federal Communications Commission, 445 12th St. S.W. Room TW-C305, Washington, D.C. 

      ( print page 31647)    

# FOR FURTHER INFORMATION CONTACT:

Kent R. Nilsson at 202-418-0845 or TTY 202-418-2989. 

# SUPPLEMENTARY INFORMATION:

The Council was established by the Federal Communications Commission to bring together leaders of the telecommunications industry and telecommunications experts from academic, consumer and other organizations to identify and recommend measures that would enhance network reliability. 

                    The Council will receive reports on, and discuss, the progress of its focus groups: Network Reliability, Wireline Spectrum Management and Integrity, and Interoperability. The Council may also discuss such other matters as come before it at the meeting. Members of the general public may attend the meeting. The Federal Communications Commission will attempt to accommodate as many people as possible. Admittance, however, will be limited to the seating available. The public may submit written comments before the meeting to Kent Nilsson, the Commission's Designated Federal Officer for the Network Reliability and Interoperability Council, by email (                    *KNILSSON@FCC.GOV*) or U.S. mail (7-B452, 445 12th St. S.W., Washington, D.C. 20554). Real Audio and streaming video access to the meeting will be available at http://www.fcc.gov/​.                 

Federal Communications Commission. 

Magalie Roman Salas, 

Secretary.

[FR Doc. 01-14663 Filed 6-11-01; 8:45 am] 

BILLING CODE 6712-01-P
IV 

House Calendar No. 162 

111TH CONGRESS 

2D SESSION H. RES. 1098 

[Report No. 111–418] 

Providing for consideration of the bill (H.R. 4626) to restore the application 

of the Federal antitrust laws to the business of health insurance to 

protect competition and consumers. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 23, 2010 

Ms. SLAUGHTER, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed 

RESOLUTION 

Providing for consideration of the bill (H.R. 4626) to restore 

the application of the Federal antitrust laws to the business of health insurance to protect competition and consumers. 

1 Resolved, That upon the adoption of this resolution 

2 it shall be in order to consider in the House the bill (H.R. 

3 4626) to restore the application of the Federal antitrust 

4 laws to the business of health insurance to protect com5 petition and consumers. All points of order against consid6 eration of the bill are waived except those arising under 


hsrobinson on DSK69SOYB1PROD with BILLS
2 

HRES 1098 RH 

1 clause 9 or 10 of rule XXI. The bill shall be considered 

2 as read. All points of order against provisions in the bill 

3 are waived. The previous question shall be considered as 

4 ordered on the bill to final passage without intervening 

5 motion except: (1) two hours of debate equally divided and 

6 controlled by the chair and ranking minority member of 

7 the Committee on the Judiciary; and (2) one motion to 

8 recommit. 


hsrobinson on DSK69SOYB1PROD with BILLS

hsrobinson on DSK69SOYB1PROD with BILLS
House Calendar No. 162 

111TH CONGRESS 

2D SESSION H. RES. 1098 

[Report No. 111–418] 

RESOLUTION 

Providing for consideration of the bill (H.R. 4626) 

tect competition and consumers. laws to the business of health insurance to proto restore the application of the Federal antitrust 

FEBRUARY 23, 2010 

Referred to the House Calendar and ordered to be 

printed 


hsrobinson on DSK69SOYB1PROD with BILLS
Exhibit 32.1  CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND PRESIDENT PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I, Patricia Cooke, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Asia Atlantic Resources on Form 10-Q for the quarter ended October 31, 2009 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Asia Atlantic Resources.    __/s/  Patricia Cooke____________________________ Patricia Cooke President, Chief Executive Officer and Director  December 15, 2009
<PAGE>

                                  EXHIBIT 32.1

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

                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 this Annual Report on Form 10-K as amended by Form
10-K/A of Voxware, Inc. (the "Company") for the period ended June 30, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned, Bathsheba J. Malsheen, Ph.D., Chief Executive
Officer of the Company, and Nicholas Narlis, Chief Financial Officer of the
Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350, 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.
     A signed original of this written statement required by Section 906 has
been provided to Voxware, Inc. and will be retained by Voxware, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.

                                               /s/ Bathsheba J. Malsheen, Ph.D.
                                               ---------------------------------
Dated:  October 23, 2003                       Bathsheba J. Malsheen, Ph.D.
                                               Chief Executive Officer
```

[Federal Register: February 21, 2006 (Volume 71, Number 34)]
[CORRECTIONS]
[Page 8889]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21fe06-94]



[[Page 8889]]



COMMODITY FUTURES TRADING COMMISSION

17 CFR Parts 1, 145 and 147

RIN 3038-AC05


Alternative Market Risk and Credit Risk Capital Charges for
Futures Commission Merchants and Specified Foreign Currency Forward and
Inventory Capital Charges

Correction

    In rule document 06-982 beginning on page 5587 in the issue of
Thursday, February 2, 2006, make the following correction:
    On page 5587, in the second column, in footnote 4, in the eighth
and ninth lines, "http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.cftc.gov/foia/comment05/foi05_--006--1.htm."
should read "http://www.cftc.gov/foia/comment05/foi05--006_1.htm"

[FR Doc. C6-982 Filed 2-17-06; 8:45 am]

BILLING CODE 1505-01-D
```
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.                  

###### Environmental Protection Agency

          - [FRL-6995-6] 

      ( print page 31917)    
Notice is hereby given that the National Environmental Education Advisory Council, established under section 9 of the National Environmental Education Act of 1990 (the Act), will hold a public meeting on June 28 and 29, 2001. The meeting will take place 1200 Pennsylvania Ave., NW., Washington, DC from 9:00 am to 5:00 pm on Thursday, June 28th and Friday, June 29th. The purpose of this meeting is to provide the Council with an opportunity to advise EPA's Office of Communications, Education and Media Relations (OCEMR) and the Office of Environmental Education (OEE) on its implementation of the Act. Members of the public are invited to attend and to submit written comments to EPA following the meeting. 

For additional information regarding the Council's upcoming meeting, please contact Ginger Keho, Office of Environmental Education (1704), Office of Communications, Education and Media Relations, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460 or call (202) 564-0453. 

Dated: May 30, 2001. 

Ginger Keho,

Designated Federal Official, National Environmental Education Advisory Council.

[FR Doc. 01-14903 Filed 6-12-01; 8:45 am] 

BILLING CODE 6560-50-U
Acuity brands, Inc. Long Term Incentive Plan Fiscal year 2006




 Exhibit 10(iii)A(47) 
 Acuity Brands, Inc. 
 Long-Term Incentive Plan 
 Fiscal Year 2006 Plan Rules for Executive Officers 
  
 During the first quarter of fiscal year 2006, the Compensation Committee of the Board of Directors of Acuity Brands, Inc. adopted plan rules for potential restricted stock awards to be earned by executive officers for
performance during fiscal year 2006 under the Corporation’s Long-Term Incentive Plan. The plan rules for each executive officer consist of a target award value, stated as a percentage of gross salary, subject to the application of negative
discretion by the Committee. The target award is based on achievement of specified financial performance measures, and the actual award earned increases or decreases in relationship to the level of achievement of the financial performance measures,
with no award earned (other than possible discretionary awards) if financial performance is below a specified threshold level. 
  
 The performance measures consist of specified targets for: 
  

	 	•	 	Diluted Earnings per Share for the Corporation; and 

  

	 	•	 	Business Unit contribution to the company-wide target. 

  
 The percentage of gross salary used in determining the target award is based on competitive compensation information for positions of comparable
responsibilities with comparably-sized manufacturing companies. 
  
 Achievement of performance levels is determined by the Compensation Committee following the completion of the fiscal year and award amounts are subject to the application of negative discretion by the Committee. Awards are granted following
completion of the fiscal year.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>


                                                                      Exhibit 27

                           GreenMan Technologies, Inc.
                                   Form 10-KSB
                               September 30, 1999

                             Financial Data Schedule

<ARTICLE>                     5
<CIK>                         0000932699
<NAME>                        GreenMan Technologies, Inc.
<MULTIPLIER>                  1
<CURRENCY>                    USD

<S>                                             <C>
<PERIOD-TYPE>                                       12-mos
<FISCAL-YEAR-END>                              SEP-30-1999
<PERIOD-END>                                   SEP-30-1999
<EXCHANGE-RATE>                                          1
<CASH>                                               2,233
<SECURITIES>                                             0
<RECEIVABLES>                                    2,356,069
<ALLOWANCES>                                       166,582
<INVENTORY>                                              0
<CURRENT-ASSETS>                                 3,531,638
<PP&E>                                           9,407,350
<DEPRECIATION>                                   1,823,029
<TOTAL-ASSETS>                                  14,059,719
<CURRENT-LIABILITIES>                            7,292,096
<BONDS>                                          4,391,334
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                      3,200,000
<COMMON>                                           117,626
<OTHER-SE>                                        (941,337)
<TOTAL-LIABILITY-AND-EQUITY>                    14,059,719
<SALES>                                         16,337,819
<TOTAL-REVENUES>                                16,337,819
<CGS>                                           13,035,913
<TOTAL-COSTS>                                    5,004,970
<OTHER-EXPENSES>                                  (813,091)
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                (985,421)
<INCOME-PRETAX>                                 (3,501,576)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                             (3,501,576)
<DISCONTINUED>                                  (1,156,285)
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                    (4,657,861)
<EPS-BASIC>                                        (0.43)
<EPS-DILUTED>                                        (0.43)



</TABLE>
#### The People of the State of New York, Respondent, v John Feliciano, Appellant.

[877 NYS2d 229]—

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Marrero, J.), imposed January 11, 2006, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed. No opinion. Prudenti, P.J., Fisher, Miller and Eng, JJ., concur.