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

## Appellate Division, Fourth Judicial Department

192 CA 16-01269 PRESENT: WHALEN, P.J., CENTRA, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.

ASHTON BLAIR MCEVOY, PLAINTIFF-RESPONDENT,

V ORDER
MULDOON & GETZ AND JON P. GETZ, DEFENDANTS-APPELLANTS.

BARCLAY DAMON, LLP, BUFFALO (TYSON PRINCE OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
VIOLA, CUMMINGS & LINDSAY, LLP, NIAGARA FALLS (MICHAEL J. SKONEY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Niagara County (Mark A. Montour, J.), entered May 2, 2016. The order denied defendants’ motion for summary judgment dismissing plaintiff’s complaint.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 17, 2016, and filed in the Niagara County Clerk’s Office on September 29, 2016,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: February 3, 2017 Frances E. Cafarell Clerk of the Court
<TABLE> <S> <C>

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<ARTICLE> 5

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<PERIOD-END>                               DEC-31-1999
<CASH>                                       8,320,996
<SECURITIES>                                         0
<RECEIVABLES>                               28,213,139
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<INVENTORY>                                  3,603,517
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<INCOME-PRETAX>                              3,930,586
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<EPS-BASIC>                                        .67
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</TABLE>
Aman D. SINGH, petitioner, v. WISCONSIN.

No. 16-6707.

Supreme Court of the United States

Dec. 12, 2016.

Petition for writ of certiorari to the Court of Appeals of Wisconsin, District II denied.
No. 157.

#### St. Louis Can Co. *v.*General American Life Insurance Co. et al.

October 14, 1935.

*Messrs. T. M. Pierce*and *Samuel H. Liberman*for petitioner.

*Messrs. Fred L. Williams, Earl F. Nelson, Fred L. English,*and *Everett Paul Griffin*for respondents.

Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted.
----

            COMMISSION REGULATION (EC) No 1721/2004

of 1 October 2004         

amending Regulation (EC) No 1555/96 as regards the trigger levels for additional duties on tomatoes

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular Article 33(4) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 1555/96 is hereby replaced by the Annex hereto.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 October 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 October 2004.

For the Commission

Franz FISCHLER            

Member of the Commission

----

(1)OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

(2)OJ L 193, 3.8.1996, p. 1. Regulation as last amended by Regulation (EC) No 1469/2004 (OJ L 271, 19.8.2004, p. 20).

(3)OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

(4)OJ L 336, 23.12.1994, p. 22.

----

ANNEX

                        ‘ANNEX

Without prejudice to the rules governing the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. The scope of the additional duties for the purposes of this Annex is determined by the scope of the CN codes as they exist at the time of the adoption of this Regulation. Where “ex” appears before the CN code, the scope of the additional duties is determined both by the scope of the CN code and by the corresponding trigger period.

----
William Henry THOMAS, petitioner, v. Julie L. JONES, Secretary, Florida Department of Corrections.

No. 16M54.

Supreme Court of the United States

Nov. 28, 2016.

Motion to direct the Clerk to file a petition for writ of certiorari out of time denied.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-90,525-01

EX PARTE JESSICA RENEA RIOS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1143421-A IN THE 185 DISTRICT COURT TH

FROM HARRIS COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of the offense of

possession of methamphetamine and sentenced to 90 days. 

On May 15, 2014, an order designating issues was signed by the trial court. On Oct. 9. 2019

observing that no further orders had been received within the time allotted by Tex. R. App. P. Rule

73.4, the district clerk correctly forwarded the application to this Court. However, the record before

this Court indicates that the designated issue has still not been resolved. Further, Applicant uses the

phrase, “collateral consequences,” but she has not identified any collateral consequences resulting
from this conviction. We remand this application to the 185 District Court of Harris County to th

allow the trial judge to complete an evidentiary investigation and enter findings of fact and

conclusions of law.

This application will be held in abeyance until the trial court has resolved the fact issues. The

issues shall be resolved within 90 days of this order. A supplemental transcript containing all

affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or

deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall

be forwarded to this Court within 120 days of the date of this order. Any extensions of time must

be requested by the trial court and shall be obtained from this Court. 

Filed: November 20, 2019

Do not publish
In re Larry COCHRAN, petitioner.

No. 16-6484.

Supreme Court of the United States

Nov. 28, 2016.

Motion of petitioner for leave to proceed *in forma pauperis* denied, and the petition for writ of mandamus and/or prohibition is dismissed. See Rule 39.8.

Justice KAGAN took no part in the consideration or decision of this motion and this petition.
Exhibit 32

CERTIFICATION

Each of the undersigned hereby certifies in his capacity as an officer of
Community Financial Corporation (the "Company") that the quarterly report of
the Company on Form 10-Q for the period ended June 30, 2004 fully complies
with the requirements of Section 13(a) of the Securities Exchange Act of 1934
and that the information contained in such report fairly presents, in all
material respects, the financial condition of the Company at the end of such
period and the results of operations of the Company for such period.

|Dated: August 13, 2004 |  | /s/ P. Douglas RichardP. Douglas RichardChief Executive Officer
/s/ R. Jerry GilesR. Jerry GilesChief Financial Officer
|---------------------- |  | -----------------------------------------------------------------------------------------------------------------------
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: HOWARD S. FISHER 

DOCKET NUMBER: STIPULATION 81 

DATE: SEPTEMBER 29, 1965 

DOCUMENT TYPE: STIPULATION OF COMPLIANCE 

UNITED STATES DEPARTMENT OF AGRICULTURE 

BEFORE THE SECRETARY OF AGRICULTURE 

In re: Howard S. Fisher 

Stipulation of Compliance Under the Commodity Exchange Act No. 81 

The Secretary of Agriculture has reason to believe that Howard S. Fisher has 

violated the provisions of the Commodity Exchange Act (7 U.S.C., Chapter 1) and 

the regulations of the Secretary of Agriculture promulgated thereunder (17 CFR, 

Chapter 1). No complaint with respect to such violations has been issued and 

the said Howard S. Fisher is desirous of disposing of the matter by entering 

into a stipulation of compliance as authorized by section 0.4(a) of the Rules of 

Practice under the Commodity Exchange Act (17 CFR, Part 0). Therefore, the said 

Howard S. Fisher stipulates the following facts are true: 

(1) Howard S. Fisher an individual whose address is 141 West Jackson 

Boulevard, Chicago, Illinois 60604, is now and was on August 13, 1965, a 

registered floor broker under the Commodity Exchange Act and a member of the 

Board of Trade of the City of Chicago, a duly designated contract market under 

the Commodity Exchange Act. 

(2) On August 13, 1965, Howard S. Fisher executed 100 transactions in 

regulated commodity futures on the Board of Trade of the City of Chicago. 

However, with respect to 98 of such transactions, in each instance he failed to 

prepare a trading card or other record 

clearly identifying the opposite floor broker or other trader with whom such 

transaction was executed. 

The Secretary of Agriculture has advised Howard S. Fisher that his failure to 

keep full and complete records of futures transactions, as described above, was 

in violation of section 4g of the Commodity Exchange Act and section 1.35 of the 

regulations under the Commodity Exchange Act. 

The said Howard S. Fisher agrees to desist from such acts and practices in 

the future. He further understands and agrees that this stipulation shall be 

admissible as evidence of such acts and practices in any future proceeding based 

upon acts or practices in addition to those referred to herein which may be 

brought against him by the Secretary of Agriculture under the provisions of the 

said act. He also understands that it is the practice of the Commodity Exchange 

Authority to make stipulations of compliance a matter of public record. 

Done at Chicago, Illinois, this 29 day of September 1965 

[SEE SIGNATURE IN ORIGINAL] 

Witnessed by: 

[SEE SIGNATURE IN ORIGINAL] 
Page 2 

[SEE SIGNATURE IN ORIGINAL] 

LOAD-DATE: June 16, 2008 
Page 3
[Federal Register Volume 66, Number 121 (Friday, June 22, 2001)]
[Notices]
[Page 33546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15761]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute; 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: National Heart, Lung, and Blood Institute 
Special Emphasis Panel, Mentored Patient-Oriented Research Career 
Development Award (K23).
    Date: June 25, 2001.
    Time: 2 p.m. to 3 p.m.
    Agenda: To review and evaluate grant applications.
    Place: 6701 Rockledge, Room 5106, Bethesda, MD 20892, (Telephone 
Conference Call).
    Contact Person: Diane M. Reid, MD, Review Branch, Room 7182, 
Division of Extramural Affairs, National Heart, Lung, and Blood 
Institute, National Institutes of Health, Bethesda, MD 20892, (301) 
435-0277.
    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. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)

    Dated: June 18, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-15761 Filed 6-21-01; 8:45 am]
BILLING CODE 4140-01-M
Exhibit 99.1



                       CERTIFICATIONS 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 amendment to the Annual Report of Creative Host
Services, Inc. (the "Company") on Form 10-KSB/A for the fiscal year ended
December 31, 2001, as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), I Sayed Ali, President, Chief Executive
Officer and Chief Financial Officer of the Company, certify to the best of my
knowledge, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
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 fairly presents, in all material
     respects, the financial condition and results of operations of the
     Company.

Date: December 30, 2002                         /S/ Sayed Ali
                                                ----------------------------
                                                Sayed Ali, President,
                                                Chief Executive Officer and
                                                Chief Financial Officer

_____________________________________________________________________________


In connection with this amendment to the Annual Report of Creative Host
Services, Inc. (the "Company") on Form 10-KSB/A for the fiscal year ended
December 31, 2001, as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), I Paul Glasgo, Controller, serving as
principal accounting officer of the Company, certify to the best of my
knowledge, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
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 fairly presents, in all material
     respects, the financial condition and results of operations of the
     Company.

Date: December 30, 2002                         /S/ Paul Glasgo
                                                ----------------------------
                                                Paul Glasgo, Controller
                                                (Principal Accounting
                                                 Officer)


36


Page 1 of 1
```

[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Notices]
[Page 6600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1581]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER01-480-000 and ER01-480-001]

Mobile Energy, LLC; Notice of Issuance of Order

January 12, 2001.
    Mobile Energy, LLC (Mobile) submitted for filing a rate schedule 
under which Mobile will engage in wholesale electric power and energy 
transactions at market-based rates. Mobile also requested waiver of 
various Commission regulations. In particular, Mobile requested that 
the Commission grant blanket approval under 18 CFR Part 34 of all 
future issuances of securities and assumptions of liability by Mobile.
    On January 10, 2001, pursuant to delegated authority, the Director, 
Division of Corporate Applications, Office of Markets, Tariffs and 
Rates, granted requests for blanket approval under part 34, subject to 
the following:
    Within thirty days of the date of the order, any person desiring to 
be heard or to protest the blanket approval of issuances of securities 
or assumptions of liability by Mobile should file a motion to intervene 
or protest with the Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 
of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 
385.214).
    Absent a request for hearing within this period, Mobile is 
authorized to issue securities and assume obligations or liabilities as 
a guarantor, indorser, surety, or otherwise in respect of any security 
of another person; provided that such issuance or assumption is for 
some lawful object within the corporate purposes of the applicant, and 
compatible with the public interest, and is reasonably necessary or 
appropriate for such purposes.
    The Commission reserves the right to require a further showing that 
neither public nor private interests will be adversely affected by 
continued approval of Mobile's issuances of securities or assumptions 
of liability.
    Notice is hereby given that the deadline for filing motions to 
intervene or protests, as set forth above, is February 9, 2001.
    Copies of the full text of the Order are available from the 
Commission's Public Reference Branch, 888 First Street, NE., 
Washington, DC 20426. The Order may also be viewed on the Internet at 
http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for 
assistance).

David P. Boergers,
Secretary.
[FR Doc. 01-1581 Filed 1-19-01; 8:45 am]
BILLING CODE 6717-01-M
```
# C_2011130EN.01000701.xml

| 30.4.2011 | EN | Official Journal of the European Union | C 130/7 |
| --- | --- | --- | --- |

30.4.2011

EN

Official Journal of the European Union

C 130/7

---

Judgment of the Court (Eighth Chamber) of 3 March 2011 — European Commission v Italian Republic

(Case C-508/09) (1)

1

(Failure of a Member State to fulfil obligations - Conservation of wild birds - Directive 79/409/EEC - Derogations from the system of protection for wild birds)

2011/C 130/11

Language of the case: Italian

Parties

Parties

Applicant: European Commission (represented by: D. Recchia and C. Zadra, acting as Agents)

Applicant:

Defendant: Italian Republic (represented by: G. Palmieri and G. Fiengo, agents, S. Fiorentino, avvocato dello Stato)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) — Derogations — Region of Sardinia

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Since the region of Sardinia has adopted and applies legislation, relating to the authorisation of derogations from the rules for the protection of wild birds, which does not comply with the conditions laid down in Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the Italian Republic has failed to fulfil its obligations under Article 9 of that directive; |
| --- | --- |

1.

Since the region of Sardinia has adopted and applies legislation, relating to the authorisation of derogations from the rules for the protection of wild birds, which does not comply with the conditions laid down in Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the Italian Republic has failed to fulfil its obligations under Article 9 of that directive;

| 2. | The Italian Republic is ordered to pay the costs. |
| --- | --- |

2.

The Italian Republic is ordered to pay the costs.

---

(1)  OJ C 24 of 30.01.2010

1

---
ex4-8.htm


Exhibit 4.8

 

 

PNC Bank, National Association

One Piedmont Town Center

4270 Piedmont Row Drive, Suite 300

Charlotte, North Carolina 28210

 

May 23, 2016

 

Via Facsimile and

Overnight Courier

 

Perma-Fix Environmental Services, Inc.

8302 Dunwoody Place #250

Atlanta, Georgia 30350

Attn: Ben Naccarato

Fax: (770) 587-9937

 

Re:     Waiver Letter

 

Ladies and Gentlemen:

 

Reference is made to that certain Amended and Restated Revolving Credit, Term Loan and Security Agreement dated as of October 31, 2011 (as amended, the “Credit Agreement”), among Perma-Fix Environmental Services, Inc., a Delaware corporation (the “Borrower”), the financial institutions which are now or hereafter become party thereto as lenders (collectively, “Lenders” and individually “Lender”) and PNC Bank, National Association, as agent for the Lenders (in such capacity, “Agent”). All capitalized terms used in this letter agreement (this “Letter Agreement”) but not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement.

 

The Agent and the Required Lenders hereby waive the violation by the Borrower of the Fixed Charge Coverage Ratio covenant set forth in Section 6.5(b) of the Credit Agreement for the quarter ending as of March 31, 2016.

 

This Waiver Letter shall not constitute a waiver to any provision of the Credit Agreement or any Other Document not expressly referred to herein and shall not be construed as a waiver to any action on the part of the Borrower that would require a waiver or of the Agent or any Lender except as expressly stated herein. The waiver specifically described herein shall not constitute and shall not be deemed a waiver of any Default or Event of Default or any rights and remedies arising as a result thereof other than as specifically set forth herein.

 

Except as specifically waived hereby, the terms and provisions of the Credit Agreement remain in full force and effect.

 

In consideration of the waiver set forth herein, the Borrower shall pay or cause to be paid (including an Advance by the Agent) to Agent a non-refundable fee in the amount of $5,000.

 


 

 




 


 

 

Except as specifically waived or modified hereby, the terms and provisions of the Credit Agreement remain in full force and effect.

 

	
 
	
Sincerely,

	
 
	
 

	
 
	
PNC BANK, NATIONAL ASSOCIATION,

as Agent and Lender 

	 	 
	 	By:	 /s/Alex M. Council IV
	 	Name:	 Alex Council
	 	Title:	 Vice President


 

 

 

 

ACCEPTED AND AGREED:

 

PERMA-FIX ENVIRONMENTAL SERVICES, INC.

 

	
By: 
	
 /s/Ben Naccarato
	 
	
Name:
	
 Ben Naccarato
	 
	
Title:
	
 Chief Financial Officer
	 


 

	cc: 	Irwin Steinhorn	 
	 	Fax: (405) 232-2695
No. 681, Misc.

#### Hinton *v.*Reid, Superintendent.

United States Court of Appeals for the District of Columbia Circuit.

*T. Emmett McKenzie*for petitioner.

Certiorari denied.