alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### George Spanos, Respondent, et al., Plaintiff, v Newsday, Inc., Appellant.

[800 NYS2d 649]

In an action, inter alia, to recover damages for defamation, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Golar, J.), dated June 4, 2004, as denied its motion to dismiss the amended complaint insofar as asserted by the plaintiff George Spanos.

Ordered that the order is affirmed insofar as appealed from, with costs.

“Construing liberally the allegations of the [amended] complaint and the plaintiffs evidence submitted in opposition to the motion, and affording the [amended complaint’s] allegations every favorable inference, the plaintiff has alleged sufficient material facts to give rise to cognizable causes of action to recover damages for defamation” *(Pankin v Cronin,*12 AD3d 492, 493 [2004]; *see Schermerhorn v Rosenberg,*73 AD2d 276, 287 [1980]; *Gambuzza v Time, Inc.,*18 AD2d 351, 353-354 [1963]; *Shubert v Variety, Inc.,*128 Misc 428, 430 [1926], *affd*
      *946221 App Div 856 [1927]; *cf. Mondello v Newsday, Inc.,*6 AD3d 586, 587 [2004]; *Cole Fisher Rogow, Inc. v Carl*Ally, *Inc.,*29 AD2d 423, 426 [1968], *affd*25 NY2d 943 [1969]; *Kloor v New York Herald Co.,*200 App Div 90 [1922]). Prudenti, P.J., Florio, Crane and Lifson, JJ., concur.
In re R.L.C.

No. 531A06.

Supreme Court of North Carolina.

November 1, 2006.

Constance Widenhouse, Assistant Appellate Defender, for R.L.C.

Amy C. Kunstling, Assistant Attorney General, for State of NC.

Michael Kent Curtis, Winston-Salem, Shannon Gilreath, for NCATL, et al.

Robert N. Hunter, Jr., Greensboro, for NTATL, et al.

The following order has been entered on the motion filed on the 31st day of October 2006 by Professor Erwin Chemerinsky for leave to file Amicus Curiae Brief:

"Motion Allowed. Unless already submitted, the Amicus Brief shall be submitted to the court within the times allowed and in the manner provided by Appellate Rule 28(i). By order of the Court in conference this the 1st day of November 2006."
#### In the Matter of Michael K. Zumbluskas, Appellant, v Frederic M. Umane et al., Constituting the Board of Elections in the City of New York, Respondents, and Michael R. Bloomberg, as Mayor of the City of New York, Respondent.

[801 NYS2d 228]

Order Supreme Court, New York County (Jacqueline W. Silbermann, J.), entered on or about August 12, 2005, unanimously affirmed, without costs or disbursements. Appeal from order, same court and Justice, entered August 17, 2005, unanimously dismissed, without costs or disbursements, as taken from a nonappealable paper. No opinion. Concur—Saxe, J.P., Friedman, Marlow, Gonzalez and Sweeny, JJ.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

JOHNNY SAMUEL DAVIS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D22-480

[June 9, 2022]

Appeal of order denying rule 3.850 motion from the Circuit Court for 

the Fifteenth Judicial Circuit, Palm Beach County; Kirk Volker, Judge; L.T. 

Case No. 50-2016-CF-012697-AXXX-MB.

Johnny Samuel Davis, Bowling Green, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed.

CONNER, C.J., WARNER and KUNTZ, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### David Lopez et al., Appellants, v City of New York Transit Authority et al., Respondents.

[799 NYS2d 495]

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered August 11, 2004, which granted defendants’ motion for summary judgment dismissing the Labor Law § 240 (1) and § 241 (6) claims in the amended complaint, and denied plaintiffs’ cross motion for summary judgment on said claims, unanimously modified, on the law, the motion to dismiss the section 241 (6) claim denied, and otherwise affirmed, without costs.

Plaintiff David Lopez, a journeyman electrician, was injured at a job site when, with both feet on the ground and while in the process of closing an extension ladder, he slipped on debris around the bottom of the ladder, and his right hand fell between the closing half and the stationary part of the ladder, crushing his wrist. The motion court correctly dismissed the Labor Law § 240 (1) claims. Since the injury did not result from an elevation-related risk, the statute does not apply *(see Sahota v Celaj,*11 AD3d 308, 310 [2004]; *Bomova v KMK Realty Corp.,*255 AD2d 351 [1998], *lv denied*93 NY2d 818 [1999]).

Based on the worker’s deposition testimony that he slipped on debris as he attempted to lower the extension ladder, which, in turn, caused his hand to get caught in the ladder, the motion court erred in concluding that the slip was not the cause of his injury, and that the Industrial Code provisions regarding slipping hazards (12 NYCRR 23-1.7 [d]) and tripping hazards in work areas (12 NYCRR 23-1.7 [e] [2]) did not apply. Since the extensive debris in the work area at least contributed to the occurrence of the accident, the alleged violations of section 23-1.7 (d) and (e) (2) were sufficient to support a claim under Labor *260Law § 241 (6) *(see Farina v Plaza Constr. Co.,*238 AD2d 158, 159 [1997]; *Colucci v Equitable Life Assur. Socy. of U.S.,*218 AD2d 513 [1995]). Furthermore, plaintiff raised a triable issue as to whether the ladder he was provided did not meet the requirements of 12 NYCRR 23-1.21 *(see Potter v NYC Partnership Hous. Dev. Fund Co., Inc.,*13 AD3d 83, 85 [2004]).

We have considered all other contentions for affirmative relief and find them unavailing. Concur—Mazzarelli, J.P., Andrias, Saxe, Marlow and Sullivan, JJ.
GOOD HOPE v. NCDHHS.

No. 57A06.

Supreme Court of North Carolina.

November 16, 2006.

Maureen D. Murray, Susan M. Fradenburg, Greensboro, William W. Stewart, Jr., Raleigh, for Good Hope Hospital.

C. Winston Gilchrist, Lillington, for Town of Lillington.

Melissa L. Trippe, Special Deputy Attorney General, R. Marcus Lodge, for NCDHHS.

Noah H. Huffstetler, III, Wallace C. Hollowell, K. Edward Greene, Kathleen A. Naggs, Raleigh, Denise M. Gunter, Winston-Salem, for Betsy Johnson Regional Hosp.

S. Todd Hemphill, Diana E. Ricketts, Raleigh, for Amisub of NC.

The following order has been entered on the motion filed on the 17th day of July 2006 by Respondents to Dismiss Petitioners' Appeal as Moot:

"Motion Denied by order of the Court in conference this the 16th day of November 2006."
STATE of North Carolina v. David Franklin HURT.

No. 192A04-2.

Supreme Court of North Carolina.

October 20, 2006.

Lisa Bradley Dawson, Robert C. Montgomery, Assistant Attorney Generals, James C. Gaither, Jr., District Attorney, for State.

Defendant's Motion to File Supplemental Response on the Question of Special Verdicts is allowed. The Attorney General shall have seven days from the date of this Order to file a response, which shall not exceed five pages in length.

By order of this Court in conference, this the 20th day of October, 2006.
IN RE S.E.R., II

No. COA06-222

Court of Appeal of North Carolina

Filed January 2, 2007

Certification Date January 22, 2007

Appeal from Orange (03J105).

Case Reported Without Published Opinion. Affirmed.
10-Q Exhibit 32.1: 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 the Quarterly Report of iShares COMEX Gold Trust (the Trust) on Form 10-Q for the
quarter ended June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Lee T. Kranefuss, Chief Executive Officer of Barclays Global Investors International, Inc., the Sponsor of the
Trust, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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, 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 Trust at the dates and for the periods indicated.



|                              |  |               
|----------------------------- |  | --------------
|Date:                         |  | August 7, 2008
|                             
|/s/ Lee T. Kranefuss         
|Lee T. Kranefuss *           
|Chief Executive Officer      
|(Principal executive officer)



|* | The Registrant is a trust and Mr. Kranefuss is signing in his capacity as an officer of Barclays Global Investors International, Inc., the Sponsor of the Registrant.
|- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------
<PAGE>   1
                                                                   EXHIBIT 24.1


                                POWER OF ATTORNEY


         KNOW ALL MEN BY THESE PRESENTS, that each of the undersigned directors
and officers of Lason, Inc., a Delaware corporation, which is about to file with
the Securities and Exchange Commission, Washington, D.C., under the provisions
of the Securities Exchange Act of 1934, as amended, its Annual Report on Form
10-K for the year ended December 31, 1998 (the "ANNUAL REPORT" ), hereby
nominates, constitutes and appoints Gary L. Monroe and William J. Rauwerdink, or
either of them, as his true and lawful attorney-in-fact, with full power to act
and with full power of substitution, for him and in his name, place and stead,
to sign the Annual Report and any and all amendments thereto, and to file the
Annual Report and each amendment so signed, with all exhibits thereto, with the
Securities and Exchange Commission.

         IN WITNESS WHEREOF, each of the undersigned has executed this Power of
Attorney this 30th day of March, 1999.


 /s/ Gary L. Monroe                      /s/ Donald M. Gleklen
--------------------------------------   --------------------------------------
Gary L. Monroe, Chairman of the Board    Donald M. Gleklen
and Chief Executive Officer (Principal   Director
Executive Officer) and Director


/s/ John R. Messinger                    /s/ Allen  J. Nesbitt          
-------------------------------------    ---------------------------------------
John R. Messinger                        Allen J. Nesbitt
President and Chief Operating Officer    Director


/s/ William J. Rauwerdink                /s/ Joseph P. Nolan             
-------------------------------------    ---------------------------------------
William J. Rauwerdink, Executive Vice    Joseph P. Nolan
President and Chief Financial Officer    Director


/s/ Fariborz Ghadar                      /s/ Bruce V. Rauner              
-------------------------------------   ----------------------------------------
Fariborz Ghadar                          Bruce V. Rauner
Director                                 Director


                                         /s/ Robert A. Yanover
                                         ---------------------------------------
                                         Robert A. Yanover
                                         Director
STATE v. JAMES.

No. COA06-845.

Court of Appeals of North Carolina.

Filed February 6, 2007.

Certification Date February 26, 2007.

Appeal from the Pender (05CRS50509, 05CRS51037, 05CRS3269).

Case Reported Without Published Opinion. No error.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-7257

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

TONI GWYNETT JONES, a/k/a Tone-Tone,

Defendant - Appellant.

Appeal from the United States District Court for the Western 

District of North Carolina, at Statesville. Richard L. 

Voorhees, District Judge. (5:03-cr-00037-RLV-8)

Submitted: November 29, 2012 Decided: December 11, 2012

Before WILKINSON, MOTZ, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Toni Gwynett Jones, Appellant Pro Se. Amy Elizabeth Ray, 

Assistant United States Attorney, Asheville, North Carolina; 

Gretchen C. F. Shappert, UNITED STATES DEPARTMENT OF JUSTICE, 

Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Toni Gwynett Jones appeals the district court’s order 

denying her motion under 18 U.S.C. § 3582(c)(2) (2006) for 

reduction of sentence. We have reviewed the record and find no 

reversible error. Accordingly, we affirm for the reasons stated 

by the district court. United States v. Jones, No. 

5:03-cr-00037-RLV-8 (W.D.N.C. June 20, 2012). 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.

AFFIRMED
STATE v. TEAGUE.

No. COA05-1172.

Court of Appeals of North Carolina.

Filed April 18, 2006.

Certification Date May 8, 2006.

Appeal from the Watauga (03CRS51242.

Case reported without published opinion. Dismissed.
I 

110TH CONGRESS 

2D SESSION H. R. 5736 

To designate the Department of Veterans Affairs outpatient clinic in Gadsden, 

Alabama, as the Colonel Ola Lee Mize Veterans Clinic. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 9, 2008 

Mr. ADERHOLT introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To designate the Department of Veterans Affairs outpatient 

clinic in Gadsden, Alabama, as the Colonel Ola Lee Mize 

Veterans Clinic. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FINDING. 

4 Congress finds that Colonel Ola Lee Mize, a Medal 

5 of Honor recipient, is a highly decorated veteran from the 

6 State of Alabama. 


wwoods2 on PRODPC68 with BILLS
2 

•HR 5736 IH

1 SEC. 2. DESIGNATION OF DEPARTMENT OF VETERANS AF2 FAIRS OUTPATIENT CLINIC IN GADSDEN, 

3 ALABAMA. 

4 The Department of Veterans Affairs community 

5 based outpatient clinic in Gadsden, Alabama, shall be 

6 known and designated as the ‘‘Colonel Ola Lee Mize Vet7 erans Clinic’’. Any reference to such community based out8 patient clinic in any law, regulation, map, document, 

9 record, or other paper of the United States shall be consid10 ered to be a reference to the Colonel Ola Lee Mize Vet11 erans Clinic. 

Æ 


wwoods2 on PRODPC68 with BILLS
STATE v. Dexter Antonio HOWELL.

No. 542P06.

Supreme Court of North Carolina.

November 16, 2006.

Robert Montgomery, Special Deputy Attorney General, Kristy M. Newton, District Attorney, for State.

The following order has been entered on the motion filed on the 11th day of October 2006 by Defendant for Petition for Discretionary Review:

"Motion Denied by order of the Court in conference this the 16th day of November 2006."
Mohamed Saleh ZUBAIDI and Abdo A. Hafeed v. EARL L. PICKETT ENTERPRISES, INC., and Earl L. Pickett.

No. 494P06.

Supreme Court of North Carolina.

October 5, 2006.

Thomas F. Loflin, Durham, for Pickett Enterprises.

*ORDER*

Upon consideration of the petition filed on the 8th day of September 2006 by Plaintiffs in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 5th day of October 2006."

Upon consideration of the petition filed by Plaintiffs on the 21st day of September 2006 for Writ of Supersedeas and Motion for Temporary Stay of the judgment of the Court of Appeals in this matter, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 5th day of October 2006."
[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Notices]
[Page 42461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15155]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL OP-OFA-025]


Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General 
Information 202-564-5632 or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed July 1, 2022 10 a.m. EST Through July 11, 2022 10 a.m.
EST Pursuant to 40 CFR 1506.9.

    Notice: Section 309(a) of the Clean Air Act requires that EPA make 
public its comments on EISs issued by other Federal agencies. EPA's 
comment letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20220096, Final, VA, PRO, Final Programmatic Environmental 
Impact Statement for the Veterans Affairs Housing Loan Program, Review 
Period Ends: 08/15/2022, Contact: Erin Byrum 615-279-7446.

EIS No. 20220097, Draft, BOEM, Other, 2023-2028 National Outer 
Continental Shelf Oil and Gas Leasing Program, Comment Period Ends: 10/
06/2022, Contact: Jill Lewandowski 703-787-1703.

EIS No. 20220098, Final, USFS, NM, Cibola National Forest Land 
Management Plan Final Environmental Impact Statement, Review Period 
Ends: 08/15/2022, Contact: James Turner 505-346-3814.

EIS No. 20220099, Draft Supplement, BLM, AK, Willow Master Development 
Plan Supplemental Environmental Impact Statement, Comment Period Ends: 
08/29/2022, Contact: Stephanie Rice 907-271-3202.

    Dated: July 11, 2022
Robert Tomiak,
Director, Office of Federal Activities.
[FR Doc. 2022-15155 Filed 7-14-22; 8:45 am]
BILLING CODE 6560-50-P
# C_2013359EN.01000201.xml

| 7.12.2013 | EN | Official Journal of the European Union | C 359/2 |
| --- | --- | --- | --- |

7.12.2013

EN

Official Journal of the European Union

C 359/2

---

DECISION OF THE COURT OF JUSTICE

of 19 November 2013

on official holidays and judicial vacations

2013/C 359/02

THE COURT

having regard to Article 24(2), (4) and (6) of the Rules of Procedure,

whereas it is necessary to establish the list of official holidays and to set the dates of the judicial vacations,

HAS ADOPTED THIS DECISION:

Article 1

The list of official holidays within the meaning of Article 24(4) and (6) of the Rules of Procedure is established as follows:

| — | New Year’s Day, |
| --- | --- |

—

New Year’s Day,

| — | Easter Monday, |
| --- | --- |

—

Easter Monday,

| — | 1 May, |
| --- | --- |

—

1 May,

| — | Ascension, |
| --- | --- |

—

Ascension,

| — | Whit Monday, |
| --- | --- |

—

Whit Monday,

| — | 23 June, |
| --- | --- |

—

23 June,

| — | 15 August, |
| --- | --- |

—

15 August,

| — | 1 November, |
| --- | --- |

—

1 November,

| — | 25 December, |
| --- | --- |

—

25 December,

| — | 26 December. |
| --- | --- |

—

26 December.

Article 2

For the period from 1 November 2013 to 31 October 2014, the dates of the judicial vacations within the meaning of Article 24(2) and (6) of the Rules of Procedure are as follows:

| — | Christmas 2013: from Monday 16 December 2013 to Sunday 5 January 2014 inclusive, |
| --- | --- |

—

Christmas 2013: from Monday 16 December 2013 to Sunday 5 January 2014 inclusive,

| — | Easter 2014: from Monday 14 April 2014 to Sunday 27 April 2014 inclusive, |
| --- | --- |

—

Easter 2014: from Monday 14 April 2014 to Sunday 27 April 2014 inclusive,

| — | Summer 2014: from Friday 18 July 2014 to Sunday 31 August 2014 inclusive. |
| --- | --- |

—

Summer 2014: from Friday 18 July 2014 to Sunday 31 August 2014 inclusive.

Article 3

This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.

Official Journal of the European Communities

Luxembourg, .

Registrar

A. CALOT ESCOBAR

President

V. SKOURIS

---
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.                  

###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - [RTID 0648-XC173]

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

# ACTION:

Notice; public meeting.

# SUMMARY:

The Mid-Atlantic Fishery Management Council's (MAFMC) Bluefish Advisory Panel (AP) will hold a public meeting, jointly with the Atlantic States Marine Fisheries Commission (ASMFC) Bluefish Advisory Panel.

# DATES:

                        The meeting will be held on Monday, August 1, 2022, from 5 p.m. to 6:30 p.m. For agenda details, see                         **SUPPLEMENTARY INFORMATION**                        .                    

# ADDRESSES:

                        The meeting will be held via webinar. Webinar connection, agenda items, and any additional information will be available at                         *www.mafmc.org/​council-events.*

*Council address:*                         Mid-Atlantic Fishery Management Council, 800 N State Street, Suite 201, Dover, DE 19901; telephone: (302) 674-2331 or on their website at                         *www.mafmc.org.*

# FOR FURTHER INFORMATION CONTACT:

Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526-5255.

# SUPPLEMENTARY INFORMATION:

The purpose of this meeting is for the Advisory Panel to comment on bluefish recreational management measures for 2023. Feedback will be solicited on the current measures and the Monitoring Committee recommendations and AP feedback will be provided to inform the Council and Board's specifications discussions.

## Special Accommodations

The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Shelley Spedden at the Council Office, (302) 526-5251, at least 5 days prior to the meeting date.

*Authority:*16 U.S.C. 1801*et seq.*

Dated: July 8, 2022.

Tracey L. Thompson,

Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 2022-14988 Filed 7-13-22; 8:45 am]

BILLING CODE 3510-22-P
STATE v. David Franklin HURT.

No. 192A04-2.

Supreme Court of North Carolina.

October 9, 2006.

Lisa Bradley Dawson, Robert C. Montgomery, Assistant Attorney Generals, James C. Gaither, Jr., District Attorney, for State.

Barbara S. Blackman, Assistant Appellate Defender, for Hurt.

The following order has been entered on the motion filed on the 5th day of October *2222006 by Attorney General to Strike Argument II of Defendant's Supplemental Brief:

"Motion Denied by order of the Court in conference this the 9th day of October 2006."
STATE v. EVERETT.

No. COA05-912.

North Carolina Court of Appeals.

Filed August 15, 2006.

Certification Date September 5, 2006.

Appeal from Lincoln (00CRS2074, 00CRS2075).

Case reported without published opinion. No error.