alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE v. HAIRSTON.

No. COA06-184.

North Carolina Court of Appeals.

Filed December 5, 2006.

Certification Date December 27, 2006.

Appeal from Forsyth (04CRS35962, 04CRS57673).

Case reported without published opinion. No error.
Order entered March 31, 2015

In The



## Court of Appeals

Fifth District of Texas at Dallas

No. 05

- 14

- 01423

- CR

JAMES RAMSEY MITCHEL L, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 283rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. F

- 1352061

- T



### O RDER

The State’s motion to extend the time for filing a brief is GRANTED . The State’s brief,

received on March 30, 2015, is ORDERED filed as of the date of this order.

/s/ DAVID L. BRIDGES

PRESIDING JUSTICE
#### NYCTL 1999-1 Trust et al., Respondents, v Rita Stark, Appellant, et al., Defendants.

[800 NYS2d 198]

In an action to foreclose a tax lien pursuant to Administrative Code of City of New York § 11-335, the defendant Rita Stark, as executrix of the last will and testament of Fred Stark and as trustee of the Fred Stark Trust, appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Satterfield, J.), dated June 1, 2004, as granted those branches of the plaintiffs’ motion which were for summary judgment on the complaint insofar as asserted against her, to strike her answer and affirmative defenses, and to appoint a referee to compute the total sums due and owing to the plaintiffs. .

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

*403On or about June 20, 2002, the plaintiff Bank of New York, as collateral agent and custodian for the plaintiff NYCTL 1999-1 Trust, acquired from the City of New York (hereinafter the City) a tax hen affecting certain parcels of real property owned by the estate of Fred Stark and known as 94-01 150th Street in Jamaica (hereinafter the premises).

The appellant’s contention that the sale of the subject tax lien was void for failure to comply with certain provisions of title 11 of the Administrative Code of the City of New York is unpreserved for appellate review *(see e.g. DeLeon v New York City Tr. Auth.,*5 AD3d 531 [2004]; *Cappolla v City of New York,*302 AD2d 547, 549 [2003]).

Contrary to the appellant’s contention, the fact that in May 2001 she requested the New York City Department of Environmental Protection (hereinafter the DEP) to reassess certain water and sewer charges relating to the premises, did not estop the City from subsequently selling a lien based, in whole or in part, on the disputed charges, nor did it estop the plaintiffs from foreclosing on such lien *(see City of New York v 952 Fifth Ave. Corp.,*181 Misc 705 [Sup Ct, NY Co 1944]; *cf.*15 RCNY Appendix A part VIII § 1 [A]; Administrative Code § 11-319 [b] [8]). In light of the appellant’s election not to pay the disputed charges, she could not reasonably expect the DEI] the City, or their assignees to forbear from exercising available remedies, including the sale of the subject lien and the instant foreclosure action, while her request for reassessment was pending.

While the plaintiffs failed to establish, as a matter of law, that the appellant was barred from challenging the amount of the water and sewer assessments underlying the subject lien *(compare Yonkers Racing Corp. v City of Yonkers,*301 AD2d 592 [2003], *with NYCTL 1996-1 Trust v Andrew-Zuck Realty Corp.,*305 AD2d 157 [2003]), the plaintiffs’ motion nonetheless was properly granted, and the Supreme Court correctly determined, under the circumstances, that any dispute as to the amount of the lien may be resolved after a reference pursuant to RPAPL 1321 *(see Colonial Fin. Corp. v Nelson,*148 Misc 55 [1933]).

The parties’ remaining contentions are without merit. Prudenti, P.J., Florio, Cozier and Lifson, JJ, concur.
# Commission Implementing Regulation (EU) No 1308/2014Show full title

Commission Implementing Regulation (EU) No 1308/2014 of 8 December 2014 establishing the standard import values for determining            the entry price of certain fruit and vegetables         

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U.K.

# Commission Implementing Regulation (EU) No 1308/2014                     

# of 8 December 2014

# establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing                           a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79,                           (EC) No 1037/2001 and (EC) No 1234/2007(1),                        

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application                           of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors(2), and in particular Article 136(1) thereof,                        

Whereas:

(1)Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations,                              the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products                              and periods stipulated in Annex XVI, Part A thereto.

(2)The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU)                              No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its                              publication in the *Official Journal of the European Union*,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to                     this Regulation.                  

# Article 2U.K.

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

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

Done at Brussels, 8 December 2014.

*For the Commission,*                            

*On behalf of the President,*                            

Jerzy Plewa                            

*Director-General for Agriculture and Rural Development*                            

## ANNEXU.K.Standard import values for determining the entry price of certain fruit and vegetables

1

OJ L 347, 20.12.2013, p. 671.                           

2

OJ L 157, 15.6.2011, p. 1.
# Political and Security Committee Decision EUAM Ukraine/1/2014Show full title

Political and Security Committee Decision EUAM Ukraine/1/2014 of 24 July 2014 on the appointment of the Head of Mission of            the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (2014/644/CFSP)         

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U.K.

# Political and Security Committee Decision EUAM Ukraine/1/2014                     

# of 24 July 2014

# on the appointment of the Head of Mission of the European Union Advisory Mission for Civilian Security Sector Reform Ukraine                        (EUAM Ukraine)                     

# (2014/644/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,

Having regard to Council Decision 2014/486/CFSP of 22 July 2014 on the European Union Advisory Mission for Civilian Security                           Sector Reform Ukraine (EUAM Ukraine)(1), and in particular Article 7(1) thereof,                        

Whereas:

(1)Pursuant to Decision 2014/486/CFSP, the Political and Security Committee is authorised, in accordance with Article 38 of the                              Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the                              European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine), including the decision to appoint                              a Head of Mission.

(2)On 23 July 2014, the High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of                              Mr Kalman MIZSEI as Head of Mission of EUAM Ukraine for a period of one year from 1 August 2014 to 31 July 2015,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

Mr Kalman MIZSEI is hereby appointed Head of Mission of the European Union Advisory Mission for Civilian Security Sector Reform                     Ukraine (EUAM Ukraine) for a period of one year from 1 August 2014 to 31 July 2015.                  

# Article 2U.K.

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 24 July 2014.

*For the Political and Security Committee*                            

*The Chairperson*                            

W. Stevens                            

1

OJ L 217, 23.7.2014, p. 42.
# C_2023007EN.01004001.xml

| 9.1.2023 | EN | Official Journal of the European Union | C 7/40 |
| --- | --- | --- | --- |

9.1.2023

EN

Official Journal of the European Union

C 7/40

---

Action brought on 31 October 2022 — Mood Media Netherlands v EUIPO — Tailoradio (VIDEO MOOD Digital Signage, made easy)

(Case T-664/22)

(2023/C 7/48)

Language in which the application was lodged: French

Parties

Applicant: Mood Media Netherlands (Naarden, Netherlands) (represented by: A.-M. Pecoraro, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Tailoradio Srl (Milan, Italy)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for the EU figurative mark VIDEO MOOD Digital Signage, made easy in the colours grey, blue and white — Application for registration No 16 150 691

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 23 August 2022 in Case R 1852/2018-5

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
# C_2023286EN.01002001.xml

| 14.8.2023 | EN | Official Journal of the European Union | C 286/20 |
| --- | --- | --- | --- |

14.8.2023

EN

Official Journal of the European Union

C 286/20

---

Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 9 May 2023 — ENGIE Deutschland GmbH v Landesregulierungsbehörde beim Sächsischen Staatsministerium für Wirtschaft, Arbeit und Verkehr

(Case C-293/23, ENGIE Deutschland)

(2023/C 286/24)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: ENGIE Deutschland GmbH

Defendant: Landesregulierungsbehörde beim Sächsischen Staatsministerium für Wirtschaft, Arbeit und Verkehr

Other parties to the proceedings: Zwickauer Energieversorgung GmbH, Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen

Question referred

Do Article 2(28) and (29) and Article 30 et seq. of Directive 2019/944 (1) preclude a provision such as Paragraph 3(24a) in conjunction with Paragraph 3(16) of the Gesetz über die Elektrizitäts- und Gasversorgung (Law on electricity and gas supply (; ‘the EnWG’), according to which the operator of an energy facility for the supply of energy is not subject to the obligations of a distribution system operator if it constructs and operates the energy facility instead of the existing distribution system in order to supply, by means of electricity generated in a combined heat and power plant, several blocks of flats with up to 200 rented residential units and with an annual quantity of transmitted energy of up to 1 000 MWh, with the costs of the construction and operation of the energy facility being borne by the end consumers (tenants) as part of a standard monthly basic fee payable for the heat supplied and the operator sells the electricity generated to the tenants?

---

(1)  Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ 2019 L 158, p. 125).

---
Exhibit 11

|COMPUTATION OF PER SHARE EARNINGS      
|---------------------------------------
|(Dollars in thousands)                 
|                                       
|                                       
|                                       
|                                       
|                                       
|Basic EPS                              
|Income available to common shareholders
|                                       
|Effect of dilutive securities          
|Options                                
|                                       
|Diluted EPS                            
|Income available to common shareholders

|                                        |                          |               |       |        |           |      
|--------------------------------------- | ------------------------ | ------------- | ----- | ------ | --------- | -----
|                                        | For the six months ended
|                                        | June 30, 2004            | June 30, 2003
|Basic EPS                               |                          |               |       |        |           |      
|Income available to common shareholders | $1,474                   | 1,335,384     | $1.10 | $1,410 | 1,321,629 | $1.06
|                                        |                          |               |       |        |           |      
|Effect of dilutive securities           |                          |               |       |        |           |      
|Options                                 |                          | 55,853        |       |        | 50,529    |      
|                                        |                          |               |       |        |           |      
|Diluted EPS                             |                          |               |       |        |           |      
|Income available to common shareholders | $1,474                   | 1,391,236     | $1.06 | $1,410 | 1,372,158 | $1.02
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 Health and Human Services

###### National Institutes of Health

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, Review of Heart Study Applications (UO1s).                

*Date:*                     September 13, 2005.                          ( print page 53236)    

*Time:*                     1:30 p.m. to 4 p.m.                

*Agenda:*                     To review and evaluate grant applications.                

*Place:*                     National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Telephone Conference Call).                

*Contact Person:*                     Valerie L. Prenger, PhD, Health Scientist Administrator, Review Branch, Room 7214, Division of Extramural Affairs, National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, MSC 7924, Bethesda, MD 20892-7924, (301) 435-0270,                     *prengerv@nhlbi.nih.gov.*

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: August 29, 2005.

Anthony M. Coelho, Jr.,

Deputy Director, Office of Federal Advisory Committee Policy.

[FR Doc. 05-17681  Filed 9-6-05; 8:45 am]

BILLING CODE 4140-01-M
# C_2023189EN.01003701.xml

| 30.5.2023 | EN | Official Journal of the European Union | C 189/37 |
| --- | --- | --- | --- |

30.5.2023

EN

Official Journal of the European Union

C 189/37

---

Action brought on 11 April 2023 — Insomnia v EUIPO — Black Insomnia Coffee (BLACK INSOMNIA COFFEE COMPANY)

(Case T-186/23)

(2023/C 189/49)

Language in which the application was lodged: English

Parties

Applicant: Insomnia Ltd (Dublin, Ireland) (represented by: L. Cassidy, A. Reynolds and P. Smyth, Solicitors)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Black Insomnia Coffee Co. Ltd (Winchester, United Kingdom)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union figurative mark BLACK INSOMNIA COFFEE COMPANY — Application for registration No 18 128 261

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 3 February 2023 in Cases R 671/2022-1 and R 678/2022-1

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision in so far as it dismissed the appeal in Case R 678/2022-1 and refuse the mark in respect of all the contested goods in Class 25; |
| --- | --- |

—

annul the contested decision in so far as it dismissed the appeal in Case R 678/2022-1 and refuse the mark in respect of all the contested goods in Class 25;

| — | make an order to pay the applicant’s costs (under Articles 133 and 134(1) of the Rules of Procedure of the General Court). |
| --- | --- |

—

make an order to pay the applicant’s costs (under Articles 133 and 134(1) of the Rules of Procedure of the General Court).

Pleas in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
STATE v. HOLMAN.

No. COA07-68.

Court of Appeals of North Carolina.

Filed February 5, 2008.

Certification Date February 25, 2008.

Appeal from Forsyth (05CRS65571, 05CRS41901).

Cases reported without published opinion. No error.
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM UNAUDITED
FINANCIAL STATEMENTS DATED MARCH 31, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
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</TABLE>