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Case 1:07-cv-03333-KMK     Document 1      Filed 04/25/2007     Page 1 of 29

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#### STATE v. WALKER

No. 85 PC.

Case below: 25 N.C. App. 157.

Petition for writ of certiorari to North Carolina Court of Appeals denied 6 May 1975.
Case 7:07-cv-03302-KMK-LMS     Document 153      Filed 06/02/2008     Page 1 of 1
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Case 2:06-cv-06540-JS-WDW Document 10 Filed 04/10/2007 Page 1 of 3 Case 1:07-cv-03289-PKL Document 1-13 Filed 04/24/2007 Page 1 of 3
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NYC LAW DEPA~IM~NI f-ax:('~~',:)~ULb~~ Jul 14 lUU~ 1.:>::.::':.::' /"".Ij~

f HE CITY OF NEW YORK

A W DEPARTMENT

] 00 CHURCH S1REET

NEW YORK, NY 10007

MICHAELA-CARDOZO

Corporation Coun.se/

DONNA KASBOHM

Phone: (212) 788.(;957

Fax: (212) 788.(;940

D~bohrn@~w.nyc.gcrv

July 12, 2005

Jennifer Baum

mE LEGAL Ail) SOCIETY

199 Water Street

New York, New York 10038

Re:

Balbuena v. Mattin 1 et al.

Case No. 05 Civ. 2986

Dear Jennifer:

I write in response to YOW' a quest for City defendants' consent to the filing of an

Amended Complaint on behalf of th infant plaintiffs herein. City defendants do not oppose

Y°W' request; however, please note ilia City defendants do not waive their right to respond to the

Complaint, nor do they waive their ri () t to assert any available defenses.

If }"OU have any questions, pleafe contact me directly.

Case 1:07-cv-03308-TPG Document 9-3 Filed 04/25/2007 Page 1 of 1
#### Alaa Mohamed KHADER, Petitioner, v. Alberto GONZALES, United States Attorney General, Respondent.

No. 02-4789.

United States Court of Appeals, Second Circuit.

March 9, 2005.

*352Mark T. Kenmore, Buffalo, NY, for Petitioner.

Maria M. Mlynar, Civil Division, Office of Immigration Litigation, U.S. Department of Justice (Peter D. Keisler, Assistant Attorney General, Civil Division, Linda S. Wernery, Senior Litigation Counsel, Office of Immigration Litigation, Washington, DC, for Respondent, of counsel).

Present: NEWMAN, SACK, and SOTOMAYOR, Circuit Judges.

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the petition for review of the order of the Board of Immigration Appeals be, and it hereby is, DENIED.

Petitioner Alaa Mohamed Khader petitions for review of a May 17, 2002, order of the Board of Immigration Appeals (BIA) dismissing the petitioner’s appeal of an Immigration Judge’s April 20, 1999, denial of his petition to reopen his deportation proceedings. His deportation proceedings had resulted in a October 25, 1995, order of deportation *in absentia.*

We review denials of motions to reopen for an abuse of discretion. *See Mardones v. McElroy,*197 F.3d 619, 624 (2d Cir.1999). Where the BIA “provides no rational explanation, inexplicably departs from established policies, is devoid of any reasoning, or contains only summary or conclusory statements” the BIA has abused its discretion. *Zhao v. United States Dep’t of Justice,*265 F.3d 83, 93 (2d Cir.2001) (citations omitted). When the BIA has applied the correct law, we will reverse its decision to deny a motion to reopen deportation proceedings only when that decision “was arbitrary, capricious, ... or otherwise not in accordance with the law.” *Iavorski v. I.N.S.,*232 F.3d 124, 128 (2d Cir.2000) (internal quotation marks and citations omitted).

Upon a thorough review of the specific facts in this case, we cannot conclude that the BIA misapplied the then-applicable law or abused its discretion in denying Khader’s motion to reopen. *See 8*U.S.C. § 1252b(a)(2)(1994) (repealed 1996). Khader signed the Order to Show Cause (“OSC”) with which he was personally served, and which clearly indicated an address at which he would be contacted in the future. The OSC clearly stated that Khader was “required to provide written notice, within five (5) days, of any change in [his] address or telephone number to the office of the Immigration Judge listed in [the OSC].” Having been placed on notice, it was Khader’s responsibility to notify the INS of any change in address, which he failed to do. *See 8*U.S.C. § 1252b(a)(l)(F)(1994) (repealed 1996). For that reason, we must deny Khader’s petition.

For the foregoing reasons, the petition for review of the order of the Board of Immigration Appeals is hereby DENIED.
#### The People of the State of New York, Respondent, *v.*Henry M. Bennett, Appellant.

*People*v. *Bennett,*182 App. Div. 871, affirmed.

(Argued June 14, 1918;

decided July 12, 1918.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 10, 1918, which modified and affirmed as modified a judgment rendered at a Trial Term for the county of Nassau upon a verdict convicting the defend*595ant of the crime of attempted bribery. The Appellate Division affirmed the judgment of conviction but set aside the sentence and directed that the defendant be brought before it for resentence.

*Percy L. Housel*for appellant.

*Charles R. Weeks, District Attorney (Charles I. Wood*of counsel), for respondent.

Judgment affirmed; no opinion.

Concur: His cock, Ch. J., Collin, Hogan, Cardozo, Pound, Crane and Andrews, JJ.
#### STATE v. HARRELL (HARRILL)

No. 152 PC.

Case below: 20 N.C. App. 352.

Petition for writ of certiorari to North Carolina Court of Appeals denied 5 February 1974.
Construction

Toolbox Talk

Electrical Safety: 

Extension Cords

On construction sites, flexible extension cords for 

powering tools and equipment are everywhere. These 

cords are often loose and uncovered. They can cause 

tripping hazards. They also can be damaged easily and 

can create electrical hazards. An electric shock can result 

in an electrical burn or even heart failure and death. A 

shock that is strong enough to throw you away from the 

electrical source can result in other types of physical 

injuries.

Bernard’s Story 

Bernard was using a coring machine to make holes in 

a concrete floor. The 120-volt machine was powered 

by two extension cords connected together. One 

cord was missing its grounding prong. The cords 

were plugged into a permanent electrical outlet. 

Bernard placed the coring machine where he wanted 

to make the hole. When he turned on the power, 

Bernard received a shock and suffered an electrical 

burn to his hand.

# What caused this incident? 

# How could this have been prevented?

# Have you ever been injured due to an extension 

cord, or do you know someone who has? If so, 

what happened?

Remember This

• Inspect all extension cords before using for damage and 

missing grounding prongs.

• Use a Ground Fault Circuit Interrupter to protect 

against any electrical fault.

• Keep extension cords away from foot traffic to 

prevent tripping hazards and damage to the cords. 

The insulation in cords and electrical tools can become 

damaged. If a live wire touches exposed metal parts 

inside a tool, it can become energized. 

• Do not use extension cords/flexible wiring

– Where frequent inspection would be difficult.

– Where damage would be likely.

– Where long-term electrical supply is necessary. An 

extension cord is not a substitute for fixed wiring. 

• Do not use a metal outlet box, Romex, or nonmetallic 

cable as an extension cord.

• Do not use staples or nails to hold cords in place.

• Do not use multiple cords connected together (use 

one long cord instead).

How can we stay safe today?

What will we do at the worksite to prevent injuries or deaths due to extension cords?

OSHA Standards: 1926.404 and 1926.405
Construction

Toolbox Talk

Electrical Safety: 

Extension Cords

; Inspect all extension cords before using for damage and missing grounding prongs.

; Use a Ground Fault Circuit Interrupter to protect against any electrical fault.

; Keep extension cords away from foot traffic to prevent tripping hazards and damage to the cords.

GET 

INFORMATION 

CDC/NIOSH INFO: 1-800-CDC-INFO (1-800-232-4636) | TTY: 1-800-232-6348 | cdc.gov/info | cdc.gov/niosh

CPWR: Contact 301-578-8500 | cpwr-r2p@cpwr.com | www.cpwr.com/toolbox-talks

DHHS (NIOSH) Publication No. 2022-143 | DOI: https://doi.org/10.26616/NIOSHPUB2022143 | August 2022
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Defense POW/MIA Accounting AgencyFulfilling Our Nation's Promise

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#### STATE v. STERLING PEEK.

(Filed 2 March, 1966.)

Bastards § 7—

In this prosecution of defendant for wilful failure to support his illegitimate child, the court’s definition of the term “wilful” *is held*without error.

Mooke, J., not sitting.

Appeal by defendant from *Clarkson, J.,*Regular December 1965 Session of MaooN.

Defendant was charged in the bill of indictment with wilful failure to support an illegitimate child born to Johnnie Collins of which he was alleged to be the father. Mrs. Tallent, who was married to Johnny Tallent after the birth of the child, testified that she dated defendant Peek from June until October 1962 and had sexual relations with him about three or four times a month from July through October 1962. The child was born 9 July 1963; Mrs. Tallent stated that Peek was the father of it. She testified 'further that she told him in December 1962 that she was pregnant and that he would have to support the child, and in February 1964 again saw him and demanded support for it. Defendant has contributed nothing toward the support of the child and he was indicted on this charge at the April Session 1964.

Defendant offered evidence to the effect that at the time the child was conceived the mother was associating with other boys and was promiscuous with her favors. He offered evidence of at least one witness to the effect that he had had relations with her. The defendant did not testify.

From a verdict of guilty, the defendant appeals, assigning error.

*Attorney General Bruton, Staff Attorney Andrew A. Vanore, Jr., for the State.*

*J. Horner Stockton and Hall, Thornburg & Holt for defendant.*

Pee Cueiam.

Defendant relies principally upon the ■ assignment of error that the Presiding Judge did not properly define the word “wilful.” However, in the charge, the court stated: “ ‘Willful/ as used in the statute, means intentional or without a just cause, excuse or justification, and the element of wilfulness must exist at the time the charge is laid. In order to convict a defendant under this statute, the burden is on the State to show not only that he is the father of the child, and that he has refused or neglected to support and maintain it, but further, that his refusal or neglect was willful, without *640just cause, excuse or justification after notice and request for support.”

Language to this effect was approved in the case of *S. v. Stiles,*228 N.C. 137, 44 S.E. 2d 728 and *S. v. Chambers,*238 N.C. 373, 78 S.E. 2d 209.

This was purely a question for the jury and there is ample evidence to sustain the verdict rendered below.

No error.

Moore, J., not sitting.
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

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title
18 of the United States Code), each of the undersigned officers of Kreisler Manufacturing Corporation (the Company) does hereby certify with respect to the Quarterly Report of the Company on Form 10-QSB for the period ended
September 30, 2006 (the Report) 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: November 13, 2006 |  | /s/ Michael D. Stern   
|                        |  | Michael D. Stern       
|                        |  | Chief Executive Officer
|                        | 
|Date: November 13, 2006 |  | /s/ Edward A. Stern    
|                        |  | Edward A. Stern        
|                        |  | Chief Financial Officer

The foregoing certification is being furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.



- 24 -
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###### National Archives and Records Administration

# AGENCY:

National Archives and Records Administration (NARA). 

# ACTION:

Notice of availability of document; request for comment; correction. 

# SUMMARY:

                        NARA published a notice in the November 14, 2005,                         **Federal Register**                         [70 FR 69165] seeking public comment on the draft NARA Guidance for Implementing Section 207(e) of the E-Government Act of 2002. The                         **DATES**                         paragraph was incorrect. Comments are due no later than November 30, 2005.                     

# DATES:

Comments must be received by November 30, 2005. 

# FOR FURTHER INFORMATION CONTACT:

                        Nancy Allard at 301-837-1477 or via e-mail at.                         *nancy.allard@nara.gov.*

# SUPPLEMENTARY INFORMATION:

                    In FR Doc. 05-22527 appearing in the third column on page 69165, the                     **DATES**                     paragraph is corrected to read:                 

Dates: Comments must be received by November 30, 2005. 

Dated: November 15, 2005. 

Nancy Y. Allard, 

Federal Register Liaison. 

[FR Doc. 05-22974 Filed 11-16-05; 11:05 am] 

BILLING CODE 7515-01-P