alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Hamant Balkaran, Appellant.

[719 NYS2d 873]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered February 8, 1999, convicting him of assault in the second degree, reckless endangerment in the first degree, and leaving the scene of an incident without reporting, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that prosecutorial misconduct occurred during the closing statement is unpreserved for appellate review *(see,*CPL 470.05 [2]). In any event, the challenged comments constituted either a fair response to his counsel’s summation or fair comment on the evidence *(see, People v Galloway,*54 NY2d 396).

The defendant was not deprived of the effective assistance of counsel *(see, People v Baldi,*54 NY2d 137; *People v Israel,*148 AD2d 637, 638, *affd*75 NY2d 972).

The defendant’s remaining contentions are unpreserved for appellate review and, in any event, without merit. Santucci, J. P., S. Miller, Friedmann and Goldstein, JJ., concur.
# Official Journal C 451I/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 451I |
| | |
| English edition | Information and Notices | Volume 648 November 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 451I

English edition

Information and Notices

Volume 648 November 2021

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Food Safety Authority |
| 2021/C 451 I/01 | Networking of organisations operating in the fields within the European Food Safety Authority’s (EFSA’s) mission | 1 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Food Safety Authority

2021/C 451 I/01

Networking of organisations operating in the fields within the European Food Safety Authority’s (EFSA’s) mission

1

---

| EN | |
| --- | --- |

EN
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_______________

m 99-30728

_______________

VERNIE A. MCGEE,

Plaintiff-Appellant,

VERSUS

STATE OF LOUISIANA,

THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT,

Defendant-Appellee.

_________________________

Appeal from the United States District Court

for the Middle District of Louisiana

6:95-CV-930

_________________________

March 29, 2000

Before DAVIS, CYNTHIA HOLCOMB

HALL,* and SMITH, Circuit Judges.

PER CURIAM:**

Vernie McGee sued his employer under

title VII. The district court held that McGee’s

claims were not timely filed with the Equal

Employment Opportunity Commission.

We have reviewed the briefs and pertinent

portions of the record and have heard oral

argument. We conclude that the charge

questionnaire was adequate to constitute filing

and to meet the 300-day requirement, but only

as to the second denial of promotion. This is

of no benefit to McGee, however, because, on

the merits of the claim, there is absolutely

nothing in the record to indicate that racial

animus or discrimination played any part in

McGee’s circumstance on the job. 

We can affirm on any ground that appears

in the record. See Johnson v. Sawyer,

120 F.3d 1307, 1316 (5th Cir. 1997). McGee

presents no credible evidenceSSbeyond his

bare and unsupported assertionSSthat he was

denied promotion because of race, and

defendant has presented persuasive,

nondiscriminatory grounds for selecting two

other persons who were better qualified.

McGee does not respond with evidence or

argument of pretext.

 

* Circuit Judge of the Ninth Circuit, sitting by

designation.

 

** Pursuant to 5TH CIR. R. 47.5, the court has

determined that this opinion should not be published

and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.
2

AFFIRMED.
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

October 17, 2008 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

137196(8)(9) Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, 

Justices 

IN RE ANONYMOUS JUDGE SC: 137196 

______________________________________/ 

On order of the Court, the motion for immediate consideration is GRANTED. 

The motion for reconsideration of this Court’s September 19, 2008 order is considered, 

and it is DENIED, because the Judicial Tenure Commission has represented to this Court 

that it will not authorize a formal complaint before the November 4, 2008 general 

election. 

d1015 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

October 17, 2008 

Clerk
Exhibit 32.1




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 the Quarterly Report of Environmental Control Corp. (the “Company”) on Form 10-Q for the period ended June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Albert E. Hickman, Chief Executive Officer of the Company certify, 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; and2
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.








Dated:  August 12, 2009








By:       /s/ Albert E. Hickman


Albert E. Hickman


President, Chief Executive Officer
I 

111TH CONGRESS 

2D SESSION H. R. 4669 

To amend title XVIII of the Social Security Act to provide that hospitals 

located in territories are eligible for electronic health record incentive 

payments under Medicare in the same manner as hospitals located in 

one of the 50 States are eligible for such incentive payments. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 23, 2010 

Mr. PIERLUISI (for himself, Mr. SABLAN, Ms. BORDALLO, Mr. 

FALEOMAVAEGA, Mr. SERRANO, and Mrs. CHRISTENSEN) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend title XVIII of the Social Security Act to provide 

that hospitals located in territories are eligible for electronic health record incentive payments under Medicare 

in the same manner as hospitals located in one of the 

50 States are eligible for such incentive payments. 

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

3 SECTION 1. HOSPITALS IN TERRITORIES ELIGIBLE FOR 

4 MEDICARE EHR INCENTIVE PAYMENTS. 

5 Section 1886(n)(6)(B) of the Social Security Act (42 

6 U.S.C. 1395ww(n)(6)(B)) is amended by inserting ‘‘and 

7 includes any hospital located in the Commonwealth of 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•HR 4669 IH

1 Puerto Rico, the Virgin Islands, Guam, American Samoa, 

2 or the Northern Mariana Islands that would be a sub3 section (d) hospital if the hospital were located in one of 

4 the 50 States’’ before the period at the end. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS
<PAGE>

                                                                     EXHIBIT 23

                         Independent Auditors' Consent

The Board of Directors
ECB Bancorp, Inc.

   We consent to incorporation by reference in the Registration Statement of
ECB Bancorp, Inc. on Form S-8 relating to the ECB Bancorp, Inc. Omnibus Stock
Ownership and Long-Term Incentive Plan, of our report dated February 1, 2002,
relating to the consolidated balance sheets of ECB Bancorp, Inc. and subsidiary
as of December 31, 2001 and 2000, and the related consolidated statements of
income, shareholders' equity and cash flows for each of the years in the
three-year period ended December 31, 2001, which report appears in the December
31, 2001 Annual Report on Form 10-KSB of ECB Bancorp, Inc.

/s/ KPMG LLP

Raleigh, North Carolina
March 18, 2002
STATE of North Carolina v. Todd Joseph MARTIN

No. 390P12-2

Supreme Court of North Carolina.

September 20, 2018

Sherri Lawrence, Assistant Attorney General, Scott E. Thomas, District Attorney, for State of North Carolina.

Lauren E. Miller, Attorney at Law, for Martin, Todd Joseph.

***ORDER***

Upon consideration of the petition filed by Defendant on the 9th of April 2018 in this matter for a writ of certiorari to review the order of the Superior Court, Carteret County, the following order was entered and is hereby certified to the Superior Court of that County:

"Dismissed by order of the Court in conference, this the 20th of September 2018."

The following order has been entered on the motion filed on the 9th of April 2018 by Defendant for Appendices to Petition for Writ of Certiorari to be Filed Under Seal:

"Motion Dismissed as moot by order of the Court in conference, this the 20th of September 2018."
Table of Contents

Exhibit32.2

CERTIFICATION PURSUANT TO18 U.S.C. SECTION1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEYACT OF 2002

In connection with the Quarterly Report onForm 10-Q of MortgageIT Holdings, Inc. (the‘‘Company’’) for the quarterly period endedMarch  31,  2006 as filed with the Securities and ExchangeCommission on the date hereof (the‘‘Report’’), Glenn J. Mouridy, as Presidentand Chief Financial Officer of the Company, hereby certifies, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to the best of hisknowledge:

(1) The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

(2) The information contained in the Reportfairly presents, in all material respects, the financial condition andresults of operations of theCompany.

|        |  |        |  |                                                                 |  |        |  |  |  |  |  |  |  |  |
|--------|--|--------|--|-----------------------------------------------------------------|--|--------|--|--|--|--|--|--|--|--|
|   |  | By:    |  | /s/GLENN J.MOURIDY                                              |  |   |
|   |  |   |  | GlennJ. Mouridy President and Chief Financial OfficerMay 9,2006 |  |   |
|        |

This certification accompanies theReport pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 andshall not, except to the extent required by the Sarbanes-Oxley Act of2002, be deemed filed by the Company for purposes of Section 18 of theSecurities Exchange Act of 1934, as amended.

A signedoriginal of this written statement required by Section 906 of theSarbanes-Oxley Act of 2002 has been provided to the Company and will beretained by the Company and furnished to the Securities and ExchangeCommission or its staff uponrequest.

----
<PAGE>

                                                                    EXHIBIT 12.1

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
               SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002

      In connection with the Annual Report of TELE SUDESTE CELULAR PARTICIPACOES
S.A. (the "Company") on Form 20-F for the fiscal year ended December 31, 2003,
as filed with the U.S. Securities and Exchange Commission on the date hereof
(the "Report"), I, Francisco Jose Azevedo Padinha, acting Chief Executive
Officer, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to
section 906 of the U.S. Sarbanes-Oxley Act of 2002, that to the best of my
knowledge:

            (i)   the Report fully complies with the requirements of Section
                  13(a) or 15(d) of the U.S. Securities Exchange Act of 1934;
                  and

            (ii)  the information contained in the Report fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Company.

Date:  June 30, 2004

By:   /s/ Francisco Jose Azevedo Padinha
      ---------------------------------------
      Name:  Francisco Jose Azevedo Padinha
      Title:   Acting Chief Executive Officer
James D. CORE, Plaintiff, v. NORTH CAROLINA DIVISION OF PARKS AND RECREATION, Defendant.

No. COA17-1402

Court of Appeals of North Carolina.

Filed: November 6, 2018

REMANDED.
### OFFICIAL BUSINESS . &*,**-, tf»aePQ% STATE OF TEXAS -8? ^gSgSgl #/#^««.«r—• PENALTYfop £3 Bs^^^l^^^^^^

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MEBH3B 77701 BRUCE DIGBY 1295 NORTH STAPT #3 BEAUMONT, TX 77701 Abel Acosta, Clerk

UTF 

### ',,,,^Ji,l,',ll"l'»''4lfl,'n'lii»''ilil'-«J»*iiilfi|ilM!|| /
In the MATTER OF J.M. and J.M.

No. 363PA17

Supreme Court of North Carolina.

Filed June 8, 2018

Matthew D. Wunsche, Durham, GAL Appellate Counsel, for appellee Guardian ad Litem; and Cathy L. Moore, Senior Assistant County Attorney, for petitioner-appellee Durham County Department of Social Services.

Joyce L. Terres, Greensboro, Assistant Appellate Defender, for respondent-appellant father.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.
CONSENT OF EXPERT


I hereby consent to the use of and reference to my name, Warwick S. Board, P.Geo., and report, NI 43-101 Technical Report on the Pirquitas Mine, Jujuy Province, Argentina dated December 23, 2011 (the “ Report ”), and the information contained in my Report, as described or incorporated by reference in (i) Silver Standard Resources Inc.’s Annual Report on Form 40-F for the year ended December 31, 2016, and (ii) Silver Standard Resources Inc.’s Registration Statements on Form S-8 (File No. 333-185498, 333-196116 and 333-198092), filed with the United States Securities and Exchange Commission.


Dated this 22nd day of March, 2017.


Yours very sincerely,





/s/ Warwick S. Board


Warwick S. Board, P.Geo.
STATE of North Carolina v. Rachel MCALISTER

No. 168P18

Supreme Court of North Carolina.

August 14, 2018

James R. Parish, Fayetteville, Attorney at Law, For McAlister, Rachel

Rachel McAlister, For McAlister, Rachel

John G. Batherson, Special Deputy Attorney General, Scott T. Slusser, Assistant Attorney General, Robert S. Banks, District Attorney, For State of North Carolina

***ORDER***

Upon consideration of the petition filed on the 1st of June 2018 by Defendant 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:

*388"Denied by order of the Court in conference, this the 14th of August 2018."
I 

113TH CONGRESS 

2D SESSION H. R. 4674 

To amend title 38, United States Code, to improve the specially adapted 

housing assistance program for individuals with terminal illnesses, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2014 

Ms. BROWNLEY of California (for herself and Mr. JONES) introduced the 

following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to improve the 

specially adapted housing assistance program for individuals with terminal illnesses, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guarantee Housing 

5 for Terminally Ill Veterans Act’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 4674 IH

1 SEC. 2. SPECIALLY ADAPTED HOUSING ASSISTANCE FOR 

2 INDIVIDUALS WITH TERMINAL ILLNESSES. 

3 (a) INDIVIDUALS WITH TERMINAL ILLNESSES.— 

4 Chapter 21 of title 38, United States Code, is amended 

5 by adding at the end the following new section: 

6 ‘‘§ 2110. Specially adapted housing assistance for in7 dividuals with terminal illnesses 

8 ‘‘(a) PRIORITY.—In providing assistance under this 

9 chapter (not including section 2108), the Secretary shall 

10 give priority to an individual who is— 

11 ‘‘(1) eligible for such assistance; and 

12 ‘‘(2) diagnosed with a terminal illness. 

13 ‘‘(b) REIMBURSEMENT.—(1) If a veteran diagnosed 

14 with a terminal illness is eligible for assistance under sub15 section (a) or (b) of section 2101 of this title or section 

16 2102A and applies for, and has not yet received, such as17 sistance, the Secretary shall reimburse the veteran for 

18 costs relating to specially adapted housing if— 

19 ‘‘(A) such costs are for acquisitions or 

20 adaptions that the veteran is eligible for under such 

21 assistance; 

22 ‘‘(B) the veteran paid such costs after applying 

23 for such assistance; and 

24 ‘‘(C) such reimbursement does not exceed the 

25 amount of such assistance for which the veteran is 

26 eligible, in accordance with section 2102. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 4674 IH

1 ‘‘(2) A reimbursement by the Secretary under para2 graph (1) shall be treated as a grant for assistance under 

3 this chapter.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by adding 

6 after the item relating to section 2109 the following: 

‘‘2110. Specially adapted housing assistance for individuals with terminal illnesses.’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
##### 



Exhibit 32.2 CERTIFICATION OF
J. ROE BUCKLEY/CHIEF FINANCIAL OFFICER
OF MEWBOURNE DEVELOPMENT CORPORATION
PURSUANT TO 18 U.S.C. § 1350 I, J. Roe Buckley, Chief Financial Officer of Mewbourne Development
Corporation, Managing General Partner of Mewbourne Energy Partners 04-A, L.P.,
(the Registrant), hereby certify that the accompanying report on Form 10-Q,
for the quarterly period ended June 30, 2004 and filed with the Securities and
Exchange Commission on the date hereof pursuant to Section 13(a) of the
Securities Exchange Act of 1934 (the Report) by the Registrant fully complies
with the requirements of that section. I further certify that the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Registrant. /s/ J. Roe BuckleyName: J. Roe BuckleyDate: August 13, 2004
Exhibit 13.1





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





The certification set forth below is being submitted in connection with the Annual Report on Form 20-F for the year ended December 31, 2013 (the “Report”) for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) and Section 1350 of Chapter 63 of Title 18 of the United States Code, as adopted pursuant to section 906 of the U.S. Sarbanes Oxley Act of 2002.





I, Rodrigo Modesto de Abreu, Chief Executive Officer of TIM Participações S.A., certify that, to the best of my knowledge:





1.
the Report fully complies with the requirements of Section 13(a) or 15(d) of the Exchange Act; and





2.
the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of TIM Participações S.A.





Date: April 15, 2014




By:
/s/ Rodrigo Modesto de AbreuName: Rodrigo Modesto de AbreuTitle: Chief Executive Officer
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 465 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 465

  To amend the Federal Election Campaign Act of 1971 to prohibit the 
          conversion of leadership PAC funds to personal use.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2013

 Mr. Capuano introduced the following bill; which was referred to the 
                   Committee on House Administration

_______________________________________________________________________

                                 A BILL

 
  To amend the Federal Election Campaign Act of 1971 to prohibit the 
          conversion of leadership PAC funds to personal use.

    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 ``Leadership PAC Limitation Act''.

SEC. 2. PROHIBITING CONVERSION OF LEADERSHIP PAC FUNDS TO PERSONAL USE.

    (a) Prohibition.--Section 313(b)(1) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 439a(b)(1)) is amended by inserting 
after ``subsection (a)'' the following: ``or funds of a leadership PAC 
(as defined in section 304(i)(8)(B))''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections occurring on or after the date of the 
enactment of this Act.
                                 <all>
```
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
BLACK POINT ASSETS, LLC, as trustee ) under the 1124 Rushmore Avenue South ) Land Trust dated March 1, 2015, ) ) Appellant, ) ) v. ) Case No. 2D17-4493 ) WELLS FARGO BANK, N.A., as trustee ) for WaMu Mortgage Pass-Through ) Certificates, Series 2005-PR4 Trust; B&B ) B&B FUNDING, LLC; KIM MITCHELL a/k/a ) KIM M. DELPINO a/k/a KIM D. MITCHELL; ) UNKNOWN TENANT(S) n/k/a BRIAN ) WILSON; ) ) Appellees. ) ) Opinion filed June 5, 2019. Appeal from the Circuit Court for Lee County; John Duryea, Judge. Mark P. Stopa of the Stopa Law Firm, Tampa (withdrew after briefing); Richard J. Mockler of Stay In My Home, P.A., Saint Petersburg (withdrew after briefing); Latasha Scott of Lord Scott PLLC, Tampa (withdrew after briefing); and Ian P. Hudson of King Hudson │ PLLC, Saint Petersburg, for Appellant. W. Aaron Daniel, Elliot B. Kula, and William D. Mueller of Kula & Associates, P.A., Miami, for Appellee Wells Fargo Bank, N.A. No appearance for remaining Appellees.- 2 -

PER CURIAM.

Affirmed.

LaROSE, C.J., and KHOUZAM and BLACK, JJ., Concur.
Exhibit 32.2





CERTIFICATION OF CHIEF EXECUTIVE OFFICER


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 Mondial Ventures Inc. (the “Company”) on Form 10-Q for the period ended June 30, 2012, as filed with the Securities and Exchange Commission on the date hereof (the “Periodic Report”), I, Brian Kennedy, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





1.
the Periodic 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 Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.








Dated: August 14, 2012








/s/   Dennis Alexander








Dennis Alexander


Chief Financial Officer