alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Linda Recard, Appellant, v Anthony Polite, Respondent.

[799 NYS2d 578]

In a child custody proceeding pursuant to Family Court Act article 6, the petitioner appeals from an order of the Family Court, Kings County (Chun, J.), dated July 1, 2004, which dismissed the petition to modify a prior order of custody based upon lack of jurisdiction.

Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Family Court, Kangs County, for further proceedings consistent herewith.

Since the initial child custody determination in this case was *380made by the Family Court, Kings County, after a lengthy trial, the court erred in summarily dismissing on jurisdictional grounds the mother’s most recent petition to modify a prior order of custody. Instead, the court should have determined whether it retained exclusive, continuing jurisdiction over the custody issue pursuant to Domestic Relations Law § 76-a (1) *(see Matter of Greenidge v Greenidge,*16 AD3d 583 [2005]; *Stocker v Sheehan,*13 AD3d 1, 8-9 [2004]; *Matter of Jenkins v Jenkins,*9 AD3d 633, 634-635 [2004]). If, upon remittal, the court determines that it does retain exclusive and continuing jurisdiction over the custody issue, it may exercise that jurisdiction or, at the request of a party, it may decline to do so if it finds, after considering the factors set forth in Domestic Relations Law § 76-f (2) (a)-(h) and allowing the parties to be heard, that New York is an inconvenient forum and that the courts of Rhode Island are a more appropriate forum *(see Matter of Rey v Spinetta,*8 AD3d 393, 394 [2004]). Moreover, if the Family Court determines, upon remittal, that it does not retain exclusive, continuing jurisdiction over the custody issue, it must further determine, if requested by a party to do so, whether the facts warrant its exercise of temporary emergency jurisdiction as authorized by Domestic Relations Law § 76-c.

As the record does not indicate that the Family Court considered any of these questions, we reinstate the petition and remit the matter to the Family Court, Kings County, for a new determination of the jurisdictional issue, and for further proceedings consistent herewith. H. Miller, J.P., Cozier, Ritter and Fisher, JJ., concur.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6167
DARRYL W. LANE, Plaintiff - Appellant, versus NORA HUNT; VICKIE HARDIE; GARY DENOBREGA; SHARON CARTHEN, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:05-ct-00770-BO) Submitted: May 16, 2006 Decided: May 23, 2006 Before WILLIAMS, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Darryl W. Lane, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Darryl W. Lane appeals the district court’s order denying relief on his 42 U .S.C. § 1983 (2000) complaint under 28 U.S.C. § 1915(e)(2) (2000). We have reviewed the record and find that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of the district court. See Lane v. Hunt , No. 5:05- ct-00770-BO (E.D.N.C. Jan. 12, 2006). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
`Exhibit 99.9


               CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                     PURSUANT TO 18 U.S.C. SECTION 1350


     In  connection  with the  accompanying  Quarterly  Report  on Form  10-Q of
Selkirk Cogen  Partners,  L.P. for the quarter  ended  September 30, 2002, I, P.
Chrisman Iribe,  President of JMC Selkirk,  Inc., as Managing General Partner of
Selkirk Cogen Partners,  L.P., hereby certify pursuant to 18 U.S.C.ss.  1350, as
adopted pursuant toss.906 of the  Sarbanes-Oxley  Act of 2002, to the best of my
knowledge and belief, that:

          (1)  such  Quarterly  Report  on  Form  10-Q  for  the  quarter  ended
               September  30,  2002  fully  complies  with the  requirements  of
               section  13(a) or 15(d) of the  Securities  Exchange Act of 1934;
               and

          (2)  the information  contained in such Quarterly  Report on Form 10-Q
               for the quarter ended September 30, 2002 fairly presents, in
               all material  respects,  the  financial  condition and results of
               operations of Selkirk Cogen Partners, L.P.

November 14, 2002                            /s/ P. CHRISMAN IRIBE
                                             --------------------------
                                             P. Chrisman Iribe
                                             President
                                             JMC Selkirk, Inc.`
<PAGE>
 
                                                                    EXHIBIT 11.1
 
<TABLE>
<CAPTION>
                          DECEMBER 28, 1996 DECEMBER 30, 1995 DECEMBER 31, 1994
                             PRIMARY AND       PRIMARY AND       PRIMARY AND
                            FULLY DILUTED     FULLY DILUTED     FULLY DILUTED
                          ----------------- ----------------- -----------------
<S>                       <C>               <C>               <C>
INCOME
Net Income...............     $ 973,259         $ 522,262        $12,788,811
Preferred Dividends......           --           (292,383)           (31,241)
                              ---------         ---------        -----------
Net Income Available to
 Common Stockholders.....     $ 973,259         $ 229,879        $12,757,570
                              =========         =========        ===========
Primary Earnings per
 Share...................     $    0.25         $    0.08        $      4.23
                              =========         =========        ===========
Fully Dilutive Earnings
 per Share...............     $    0.25         $    0.08        $      4.23
                              =========         =========        ===========
NUMBER OF SHARES
Primary
  Weighted Average
   Shares................     3,195,502         2,826,666          2,826,666
  Incremental Shares
   Attributed to Exercise
   of Warrants...........       188,412           188,412            188,412
  Incremental Shares
   Attributed to Exercise
   of Stock Options......       562,297               --                 --
                              ---------         ---------        -----------
                              3,946,211         3,015,078          3,015,078
                              =========         =========        ===========
Fully Dilutive
  Weighted Average
   Shares................     3,195,502         2,826,666          2,826,666
  Incremental Shares
   Attributed to Exercise
   of Warrants...........       188,412           188,412            188,412
  Incremental Shares
   Attributed to Exercise
   of Stock Options......       563,074               --                 --
                              ---------         ---------        -----------
                              3,946,988         3,015,078          3,015,078
                              =========         =========        ===========
</TABLE>
#### In the Matter of Estate of Joan Marie Fotiades, Deceased. Gregory W. Fotiades, Respondent; David Bart Moskoff, Appellant, et al., Respondent.

[800 NYS2d 748]

In a proceeding, inter alia, in effect, to invalidate two deeds, David Bart Moskoff appeals from (1) an order of the Surrogate’s Court, Suffolk County (Braslow, S.), dated June 23, 2004, which denied his motion to vacate a decree and warrant of eviction of the same court entered October 11, 2002 and October 30, 2002, respectively, and (2) an order of the same court, also dated June 23, 2004, which granted the petitioner’s motion to vacate á stay imposed on March 18, 2003, prohibiting the disposition of the subject real property pending determination of an appeal by his wife from the decree and warrant of eviction.

Ordered that the appeal from the order granting the petitioner’s motion is dismissed, as the appellant is not aggrieved by that order *(see*CPLR 5511); and it is further,

Ordered that the order denying the motion is affirmed; and it is further,

Ordered that one bill of costs is awarded to the petitioner.

The Surrogate’s Court properly denied the appellant’s motion, but on different grounds from those stated in the order appealed from. The appellant was neither a named nor an interested party to the proceeding, which was unopposed, to vacate the deeds and declare the subject property an asset of the decedent’s estate. Accordingly, his motion should have been denied on the ground that he lacked standing to bring it *(see*CPLR 3211 [a]; 5015 [a]; *Kraker v Roll,*100 AD2d 424 [1984]; *Lee v Wiegand,*28 AD2d 560, 561 [1967]). Furthermore, by failing to move for leave to intervene prior to the hearing on the petition, though the record shows that he had notice of the proceeding at least three months earlier, the appellant effectively waived any right he may have had to participate in the litigation *(see NYCTL 1996-1 Trust v King,*304 AD2d 629, 631 [2003]; *Vacco v Herrera,*247 AD2d 608, 609 [1998]). Krausman, J.P., Luciano, Spolzino and Lifson, JJ., concur.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                                       <C>                     <C>
<PERIOD-TYPE>                               12-MOS                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999             DEC-31-1999
<PERIOD-START>                             JAN-01-1999             JAN-01-2000
<PERIOD-END>                               DEC-31-1999             JUN-30-2000
<CASH>                                             922                     922
<SECURITIES>                                         0                       0
<RECEIVABLES>                                    7,015                   4,868
<ALLOWANCES>                                       487                     481
<INVENTORY>                                      1,198                   1,329
<CURRENT-ASSETS>                                 9,480                  15,934
<PP&E>                                           4,448                   3,654
<DEPRECIATION>                                   1,953                   1,521
<TOTAL-ASSETS>                                  15,225                  20,014
<CURRENT-LIABILITIES>                            5,156                  12,914
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                            4,020                   4,140
<PREFERRED>                                      4,020                   4,140
<COMMON>                                             8                       8
<OTHER-SE>                                     (14,658)                (16,976)
<TOTAL-LIABILITY-AND-EQUITY>                    15,225                  20,014
<SALES>                                         21,700                  15,147
<TOTAL-REVENUES>                                21,700                  15,147
<CGS>                                           17,758                  10,988
<TOTAL-COSTS>                                   15,684<F1>              10,988
<OTHER-EXPENSES>                                    72                     204
<LOSS-PROVISION>                                   387                       0
<INTEREST-EXPENSE>                               2,279                     469
<INCOME-PRETAX>                                (14,336)                 (1,949)
<INCOME-TAX>                                        66                      19
<INCOME-CONTINUING>                            (14,402)                 (1,968)
<DISCONTINUED>                                  (3,090)                      0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   (17,492)                 (1,968)
<EPS-BASIC>                                      (2.65)                  (0.28)
<EPS-DILUTED>                                    (2.65)                  (0.28)
<FN>
<F1>Includes impairment loss of $5,766
</FN>


</TABLE>
ALABAMA COURT OF CRIMINAL APPEALS

July 12, 2024

CR-2023-0472

Samuel Earl Hunter v. State of Alabama (Appeal from Jefferson Circuit Court: CC21-1770) 

NOTICE 

You are hereby notified that on July 12, 2024, the following action was taken 

in the above-referenced cause by the Court of Criminal Appeals:

Application for Rehearing Overruled.

D. Scott Mitchell, Clerk
##### 



Exhibit 32.1

CERTIFICATION PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT

September 26, 2003

Securities and Exchange Commission

450 Fifth Street,


N.W Washington, D.C. 20549


Ladies and Gentlemen:

The certification set forth below is being
submitted to the Securities and Exchange Commission solely for
the purpose of complying with Section 1350 of
Chapter 63 of Title 18 of the United States Code. This
certification is not to be deemed filed pursuant to the
Securities Exchange Act of 1934 and does not constitute a part
of the Annual Report on Form 10-K (the Report)
accompanying this letter.

H. Wayne Huizenga, the Chairman and Chief
Executive Officer of Boca Resorts, Inc., and Wayne Moor, the
Senior Vice President, Treasurer and Chief Financial Officer of
Boca Resorts, Inc., each certifies 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 Boca Resorts, Inc.



| |     |                         
| | --- | ------------------------
| | By: | /s/ H. WAYNE HUIZENGA H.

| |                                  
| | ---------------------------------
| |                                  
| | Wayne Huizenga                   
| | Chairman of the                  
| | Board and Chief Executive Officer



| |     |               
| | --- | --------------
| | By: | /s/ WAYNE MOOR

| |                                 
| | --------------------------------
| |                                 
| | Wayne Moor                      
| | Senior Vice President, Treasurer
| | and Chief Financial Officer
# L_2013257EN.01001801.xml

| 28.9.2013 | EN | Official Journal of the European Union | L 257/18 |
| --- | --- | --- | --- |

28.9.2013

EN

Official Journal of the European Union

L 257/18

---

COUNCIL DECISION 2013/477/CFSP

of 27 September 2013

amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:

| (1) | On 27 September 2010, the Council adopted Decision 2010/573/CFSP (1). |
| --- | --- |

(1)

On 27 September 2010, the Council adopted Decision 2010/573/CFSP (1).

| (2) | On the basis of a review of Decision 2010/573/CFSP, the restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova should be extended until 30 September 2014. |
| --- | --- |

(2)

On the basis of a review of Decision 2010/573/CFSP, the restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova should be extended until 30 September 2014.

| (3) | Decision 2010/573/CFSP should therefore be amended accordingly, |
| --- | --- |

(3)

Decision 2010/573/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Article 4(2) of Decision 2010/573/CFSP is hereby replaced by the following:

‘2.   This Decision shall apply until 30 September 2014. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’.

Article 2

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

Done at Brussels, 27 September 2013.

For the Council

The President

E. GUSTAS

---

(1)  Council Decision 2010/573/CFSP of 27 September 2010 concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova (OJ L 253, 28.9.2010, p. 54).

1

---
<PAGE>

                                                                   Exhibit 32.1

                           SECTION 1350 CERTIFICATION

I, Gregory Cuneo, President and Chief Executive Officer of DualStar Technologies
Corporation (the "Company"), do hereby certify in accordance with 18 U.S.C.
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

            -- The Quarterly Report on Form 10-Q of the Company for the period
            ending September 30, 2003 (the "Quarterly Report") fully complies
            with the requirements of section 13(a) or 15(d) of the Securities
            Exchange Act of 1934 (15 U.S.C 78m or 78o(d)), and

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

Dated: November 14, 2003

                                           /s/    GREGORY CUNEO
                                           Gregory Cuneo
                                           President and Chief Executive Officer



                                                                   Exhibit 32.2


                           SECTION 1350 CERTIFICATION

I, Robert Birnbach, Executive Vice President and Chief Financial Officer of
DualStar Technologies Corporation (the "Company"), do hereby certify in
accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

            -- The Quarterly Report on Form 10-Q of the Company for the period
            ending September 30, 2003 (the "Quarterly Report") fully complies
            with the requirements of section 13(a) or 15(d) of the Securities
            Exchange Act of 1934 (15 U.S.C 78m or 78o(d)), and

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

Dated: November 14, 2003
                                             /s/    ROBERT BIRNBACH
                                             Robert Birnbach
                                             Executive Vice President and
                                             Chief Financial Officer
Exhibit 31 (a)
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO RULE 13A-14(A) OF THE SECURITIES EXCHANGE ACT
      a)
    
    Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to ensure
that material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;b)
    
    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 report our conclusions about the effectiveness of
the disclosure controls and procedures, as of the end of the period covered by this
report based on such evaluation; andd)
    
    Disclosed in this report any change in the registrants internal control
over financial reporting that occurred during the registrants fiscal quarter that
has materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and
    August
10, 2009/s/ Richard H. SmithChief Executive Officer
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3091 Introduced in Senate (IS)]

110th CONGRESS
  2d Session
                                S. 3091

  To amend title XVIII of the Social Security Act to exempt negative 
pressure wound therapy pumps and related supplies and accessories from 
    the Medicare competitive acquisition program until the clinical 
            comparability of such products can be validated.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2008

 Mr. Coburn (for himself, Mr. Martinez, and Mr. Casey) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL

 
  To amend title XVIII of the Social Security Act to exempt negative 
pressure wound therapy pumps and related supplies and accessories from 
    the Medicare competitive acquisition program until the clinical 
            comparability of such products can be validated.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Wound Therapy Patient 
Protection Act of 2008''.

SEC. 2. EXEMPTION OF NEGATIVE PRESSURE WOUND THERAPY PUMPS AND RELATED 
              SUPPLIES AND ACCESSORIES FROM THE MEDICARE COMPETITIVE 
              ACQUISITION PROGRAM UNTIL THE CLINICAL COMPARABILITY OF 
              SUCH PRODUCTS CAN BE VALIDATED.

    (a) In General.--Section 1847(a)(2)(A) of the Social Security Act 
(42 U.S.C. 1395w-3(a)(2)(A)) is amended by inserting before the period 
at the end the following: ``and excluding negative pressure wound 
therapy pumps and related supplies and accessories until such time as 
the Secretary can validate, using a panel of wound care clinical 
experts, the clinical comparability of all products included in the 
category of such products''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on June 30, 2008.
    (c) Sense of the Senate Regarding Fiscal Responsibility.--It is the 
sense of the Senate that the amendment made by subsection (a) should be 
deficit neutral over the 5-year period beginning on October 1, 2008, 
through appropriate offsets.
                                 <all>
```