alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion issued January 19 , 2023

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01 - 22 - 00733 - CV

——————————— GI - IBF HOLDING COMPANY, LLC; PAVE/LOCK/PLUS II, LLC; TRS DISTRIBUTION II LLC; AND TED A. GILLIS , Appella nt s V. JP MORGAN CHASE BANK, N.A. , Appell e e On Appeal from the 234th District Court

Harris County, Texas Trial Court Ca se No. 2019 - 33112
MEMORANDUM OPINION Appellants have filed a motion to dismiss their appeal because they no longer wish to pursue this appeal. See T EX . R. A PP . P. 10.3(a)(2), 42.1(a)(1). No opinion has issued. See T EX . R. A PP . P. 42.1(c). Further, although appellant s failed to include
a c ertificate of conference in its motion, appellants ’ motion includes a certificate of2

service, more than 10 days have passed since the motion was filed, and no party has responded to the motion. See T EX . R. A PP . P. 10.1(a)(5), 10.3(a). Accordingly, we gran t the motion and dismiss the appeal
. See T EX . R. A PP . P. 42.1(a)(1), 43.2(f). We dismiss all other pending motions as moot. PER CURIAM Panel consists of Justices Goodman, Hightower, and Guerra
.
#### THE PEOPLE OF THE STATE OF NEW YORK ex rel. HENRY SEARS, Appellant, *v.*THE BOARD OF ASSESSORS OF THE CITY OF BROOKLYN, Respondent.

*Militiamen not entitled, to any deduction from the amount of their assessment for taxation*— *Sect.*253 *of chap.*80 *of*1870 *repealed by sect. 59 of chap. 223 of*1875.

Section 253 of chapter 80 of 1870, entitling members of the national guard, to a deduction of $1,000 from the assessed valuation of their real and personal property, was repealed by section 59 of chapter 223 of 1875. The latter act is applicable to those who had enlisted prior to its passage, and whose term of service had not then yet expired.

Appeal from an order made at Special Term, in this proceeding, denying the application made by the relator for a peremptory mandamus to compel the assessors of the city of Brooklyn to vacate and set aside the assessments of taxes, entered against the property of Henry Sears, upon their books for the years 1875, 1876, 1877 and 1878, on the ground that he was a member of the national guard, having enlisted therein on June 22, 1874.

*David D.*Ghoynne, for the relator.

*William Q. DeWilt,*for the respondent.

Dykman, J.:

It was provided by the law, for the enrollment and organization of the national guard of the State of New York, that every com*387missioned officer, and every non-commissioned officer, musician and private of the national guard shall be exempt from jury duty, and shall be entitled to a deduction from the assessed valuation of his real and personal property to the amount of $1,000 during the time he shall perforin military duty. (Laws of 1870, chap. 80, § 253.) This provision was, doubtless, intended as an inducement to voluntary enlistments into this military organization. Notwithstanding that, however, it was one which the Legislature might at any time modify or repeal, and the enrollment of the relator constituted no impediment to the exercise of that right as to him. *(People*v. *Roper,*35 N. Y., 629.)

Accordingly, we find that in the year 1875 the Legislature amended this provision of the law, and entirely omitted all immunity from taxation by reason of membership in the military organization. (Laws of 1875, chap. 223, § 59.)

The relator is, therefore, in error in supposing that he is entitled to any deduction from the assessed valuation of his real estate, by reason of his membership or services in the national guard, and his application was properly denied.

Order affirmed, with costs and disbursements.

Present — BaeNArd, P. J., Gilbert and DyrmaN, JJ.

Order affirmed, with costs and disbursements.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS FINANCIAL INFORMATION EXTRACTED FROM NS GROUP, INC.'S
CONDENSED CONSOLIDATED FINANCIAL STATEMENTS AS OF AND FOR THE TRANSITION PERIOD
FROM OCTOBER 1, 2000, THROUGH DECEMBER 31, 2000, INCLUDED IN THE COMPANY'S
QUARTERLY REPORT ON FORM 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH CONDENSED CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000745026
<NAME> NS GROUP, INC.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             OCT-01-2000
<PERIOD-END>                               DEC-31-2000
<CASH>                                           1,451
<SECURITIES>                                    43,700
<RECEIVABLES>                                   46,065
<ALLOWANCES>                                       711
<INVENTORY>                                     60,468
<CURRENT-ASSETS>                               171,564
<PP&E>                                         330,757
<DEPRECIATION>                                 209,705
<TOTAL-ASSETS>                                 318,926
<CURRENT-LIABILITIES>                           47,430
<BONDS>                                         68,207
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       249,715
<OTHER-SE>                                    (53,237)
<TOTAL-LIABILITY-AND-EQUITY>                   318,926
<SALES>                                         73,357
<TOTAL-REVENUES>                                73,357
<CGS>                                           73,113
<TOTAL-COSTS>                                   78,317
<OTHER-EXPENSES>                               (1,225)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,804
<INCOME-PRETAX>                                (6,539)
<INCOME-TAX>                                   (2,474)
<INCOME-CONTINUING>                            (4,065)
<DISCONTINUED>                                  10,955
<EXTRAORDINARY>                                    900
<CHANGES>                                            0
<NET-INCOME>                                     7,790
<EPS-BASIC>                                        .37
<EPS-DILUTED>                                      .36


</TABLE>
# Capitol Builder: The Shorthand Journals of Montgomery C. Meigs

**

----

*Capitol Builder*  is available online through the Government Publishing Office or it may be available at a federal depository library in your state.

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Exhibit 32.1
  CERTIFICATION PURSUANT TO 18 U.S.C. 1350, AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


The undersigned, James A. Hayward, Chief Executive Officer of Applied DNA Sciences, Inc. (the “Company”), in connection with the Company’s Quarterly Report on Form 10-Q for the period ended December 31, 2009 (the “Report”),
as filed with the Securities and Exchange Commission on the date hereof, hereby certifies pursuant to the requirements of 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that




●
the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, and




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




This certification is being provided pursuant to 18 U.S.C. 1350 and is not to be deemed a part of the Report, nor is it to be deemed to be “filed” for any purpose whatsoever.




By:
/s/ JAMES A. HAYWARDJames A. Hayward
Chief Executive Officer
Applied DNA Sciences, Inc.
February 11, 2010
* Local Rule 47.5.1 provides: "The publication of

opinions that merely decide particular cases on the basis of

well-settled principles of law imposes needless expense on the

public and burdens on the legal profession." Pursuant to that

Rule, the court has determined that this opinion should not be

published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-10508

Conference Calendar

__________________

RONNIE F. CURRY,

 Plaintiff-Appellant,

versus

MAJ. SKIDMORE, Director of

Administration; R. Hayes, Capt.,

Warden, Greenbay Facility; TARRANT COUNTY

CORRECTION CENTER,

 Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:95-CV-123-Y

- - - - - - - - - -

December 20, 1995

Before DAVIS, STEWART, and PARKER, Circuit Judges.

PER CURIAM:*

Ronnie F. Curry appeals from the district court's order

dismissing his 42 U.S.C. § 1983 civil rights action. He argues

that the facility in which he is incarcerated has no law library

and/or he was denied access to a law library or legal assistance. 

We have reviewed the record and the district court's opinion

and find no reversible error. Accordingly, we affirm for
No. 95-10508

-2-

essentially the reasons given by the district court. Curry v.

Skidmore, No. 3:95-CV-123-Y (N.D. Tex. April 28, 1995). In view

of the disposition of Curry's appeal, his motion for leave to

amend his complaint, motion for production of documents, and

motion to compel production of documents are DENIED.

AFFIRMED.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID ARREDONDO HERNANDEZ, AKA Ricardo Soto Rivera,

Petitioner,

v.

MERRICK B. GARLAND, Attorney General,

Respondent. No. 19

- 70560

Agency No. A202

- 171

- 414

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted July 19, 2021 * *

Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.

David Arredondo Hernandez, a native and citizen of Mexico, petitions for

review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal

from an immigration judge’s decision denying his application for withholding of

removal and relief unde r the Convention Against Torture (“CAT”). We have

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JUL 21 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 19

- 70560

jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the

agency’s factual findings. Conde Quevedo v. Barr , 947 F.3d 1238, 1241 (9th Cir.

2020). We deny the petition for review.

Substantial evidence supports the agency ’ s determination that Arredondo

Hernandez failed to establish he was or would be persecuted on account of a

protected ground

. See Zetino v. Holder , 622 F.3d 1007, 1016 (9th Cir. 2010) ( a n

applicant’s “ desire to be f ree from harassment by criminals motivated by theft or

random violence by gang members bears no nexus to a protected ground”) ; see

also Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in

a particular social group is established, an applicant must still show that

“ persecution was or will be on account of his membership in such group ” )

. Thus,

Arredondo Hernandez’s withholding of removal claim fails.

Substantial evidence also supports the agency ’ s denial of CAT relief because

Arredondo Hernandez failed to show it is more likely than not he will be tortured

by or with the consent or acquiescence of the government if returned to Mexico.

See Aden v. Holder , 589 F.3d 1040, 1047 (9th Cir. 2009) ; see a lso Zheng v.

Holder , 644 F.3d 829, 835

- 36 (9th Cir. 2011) (possibility of torture too

speculative)

. We reject as unsupported by the record Arredondo Hernandez’s

contention that the BIA applied an incorrect legal standard or ignored evidence in

the analysi s of his CAT claim

.3 19

- 70560

The temporary stay of removal remains in place until issuance of the

mandate.

PETITION FOR REVIEW DENIED.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l unani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). T L/ R es ear ch NOT F OR P UB L I CAT I ON

UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T I SM AEL R AM I RE Z- BE RM UD EZ , P et i t i on er , v. E R I C H . H O L D E R J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 07- 73538 A ge nc yN o. A 075- 252- 491 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d F e bruary16, 2010 ** B efo re: F E RN A N D E Z , G O U L D , an dM . S M IT H , C i rcu i tJu d g es. I s m a e l R a m i r e z - B e rm ude z , ana t i ve and c i t i z e n of M e xi c o, pe t i t i ons f

or r e v ie w o f

th e B o ar do f

I m m ig r a tio n A p p e a ls ’ ( “B I A ” ) o r d e rd e n y in g h is m o tio n to r e ope n ba s e d on i ne f

f e c t i ve a s s i s t anc e of

c ouns e l . W e ha ve j ur i s di c t i on pur s uant



# FI LED FEB 24 2 010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALST L/ Res ea r ch 07- 73538 2 t o 8 U . S . C . § 1 25 2. W e r evi ew for abu se of di sc re t i on the B IA ’ s deni alof a m o tio n to r e o p e n an dr e v ie w d e n o v o c o n s titu tio n a l c la im s . I tu rr i b a rr i a v . I

NS , 321 F . 3d 889, 894 ( 9th C i r . 2003) . W e de nyi n partand di s m i s s i n partthe pe t i t i on f o rr e v i e w. T he B I A di d notabus e i t s di s c r e t i on i n de ny i ng R a m i r e z - B e rm ude z ’ s s e c ond m ot i on t o r e ope n a s t i m e - and num be r - barr e d w he r e he f i l e d the m ot i on ove rf

i ve y e ar s a f te rth e f in a l o r d e ro f

r e m o v a l, se e 8 U . S . C . § 1 22 9a(c )( 7)(C )( i ), and fai l ed to e s tab lis h th e du e d ilig e n c e r e q u ir e df o re q u itab le to llin g , s e e I tu rr ib a rr ia , 321 F . 3d a t897. W e l ac k j uri sdi ct i on t o revi ew R am i re z- B erm ud ez ’ s c on t ent i on thatthe B IA s h o u ldh a v e in v o k e dits s u as p o n te au th o r ityto r e o p e n h is p r o c e e d in g s . See Eki m i a n v . I

NS , 3 0 3 F .3 d1 1 5 3 , 1 1 5 9 ( 9 th C ir . 2 0 0 2 ) . P E T IT IO N F O R R E V IE W D E N IE D i n p art; D IS M IS S E D i n p art.
Electronically Filed Intermediate Court of Appeals CAAP-18-0000692 30-MAY-2019 08:41 AM
<PAGE>
                                                                               .
                                                                               .
                                                                               .
                                                                      EXHIBIT 21

<TABLE>
<CAPTION>
NAME                                   JURISDICTION OF ORGANIZATION
-------------------------------------  ----------------------------
<S>                                    <C>
OMR Systems Corporation                          New Jersey
Financial Models Holdings, Inc.                   Delaware
Financial Models Company Ltd.                     New York
SS&C Fund Administration Services LLC             New York
OMR Systems International, Ltd.                  New Jersey
Financial Interactive, Inc.                      California
Open Information Systems, Inc.                  Connecticut
Cogent Management Inc.                            New York
SAVID International Inc.                         New Jersey
The SAVID Group, Inc.                             New York
The Brookside Corporation                       Rhode Island
3105198 Nova Scotia Company                     Nova Scotia
SS&C Technologies Canada Corp.                  Nova Scotia
Financial Models Corporation Limited           United Kingdom
Financial Models Corporation B.V.               Netherlands
FMC Global Investments Limited                    Barbados
SS&C Technologies Australia Pty Ltd.             Australia
SS&C Technologies Limited                      United Kingdom
SS&C Technologies Sdn. Bhd.                       Malaysia
SS&C Technologies, KK                              Japan
SS&C Technologies B.V.                          Netherlands
SS&C Technologies (s) Pte Ltd                    Singapore
OMR Systems United Kingdom                     United Kingdom
OMR Systems S.A.R.L.                              France
SS&C Fund Services N.V.                     Netherlands Antilles
SS&C Fund Services (B.V.I.) Limited        British Virgin Islands
HC Investments Ltd.                        British Virgin Islands
SS&C (Bahamas) Ltd.                               Bahamas
SS&C Technologies Ireland Ltd.                    Ireland
</TABLE>
Exhibit
32.2





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 Annual Report of
VISION ACQUISITION II, Inc. (the "Company") on Form 10-K for the fiscal year
ended September 30, 2009 as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), I, David Berger, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that
to my knowledge:





(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.





/s/
      David BergerDavid
      BergerPrincipal
      Financial OfficerDecember
      29, 2009
<!--/* //NOSONAR */--><!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
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<head id="Head"><meta id="MetaDescription" name="DESCRIPTION" /><meta id="MetaKeywords" name="KEYWORDS" /><meta name="viewport" content="width=device-width,initial-scale=1" /><title>
	RELEASE: Update on Joint Task Force-Matthew Relief Mission in Haiti, October 15, 2016 
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<body>
    <main>
    <div>
    <div class="aprint news">
    <div class="header">
        <img height="100" class="print-logo" alt="Site Logo" src="/Portals/7/Images/SOUTHCOM_logo_thumb.jpg?ver=SIvIeRRofyrg5ZHPpvvh6Q%3d%3d" />

        <h1 class="title">RELEASE: Update on Joint Task Force-Matthew Relief Mission in Haiti, October 15, 2016 </h1>
    </div>
    

    <div> <span class="date">/ Published Oct. 15, 2016</span></div>
    <span class="dateline-text"></span>
    <p class="ms-rteElement-P">The following is the October 15 update on Joint Task Force-Matthew support to relief efforts in Haiti:</p>
<ul>
    <li>
    <p class="ms-rteElement-P">As of Oct. 15, Joint Task Force-Matthew helicopters have delivered more than 478,000 pounds (217 metric tons) of relief commodities (aid and supplies) to areas devastated by Hurricane Matthew. </p>
    </li>
    <li>
    <p class="ms-rteElement-P">The task force helicopters continue to distribute the 480 metric tons of aid donated by USAID as part of the ongoing U.S. disaster assistance to Haiti. </p>
    </li>
    <li>
    <p class="ms-rteElement-P">More than 400 task force personnel are on the ground in Haiti. </p>
    </li>
    <li>
    <p class="ms-rteElement-P">20 aircraft (helicopters and MV22 Ospreys) are assigned to provide airlift support.</p>
    </li>
    <li>
    <p class="ms-rteElement-P">The amphibious assault ship USS Iwo Jima (LHD 7) continues to support relief operations. Iwo Jima is one of the largest amphibious ships in the world and brings greater capabilities and flexibility to the task force.</p>
    </li>
</ul><br />
</div>

    </div>
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</body>
</html>
**Annual
      Statement of Compliance**





VIA:
      EMAIL





Morgan
      Stanley Capital I Inc.


1585
      Broadway


New
      York,
      New York 10036








Re:  Morgan
      Stanley Capital I Trust 2006-IQ12 (the "Trust"), Commercial Mortgage
      Pass-Through Certificates, Series 2006-IQ12, issued pursuant to the Pooling
      and
      Servicing Agreement, dated as of December 1, 2006 (the "Agreement"), among
      Morgan Stanley Capital I Inc., as depositor (the "Depositor"), Capmark Finance,
      Inc., as general master servicer (the "General Master Servicer"), ARCap
      Servicing, Inc., as special servicer (the "Special Servicer"), Prudential Asset
      Resources, Inc., as master servicer with respect to the Prudential Mortgage
      Capital Funding, LLC only (the "Prudential Master Servicer"), Wells Fargo Bank,
      N.A., as trustee (the "Trustee"), and LaSalle Bank National Association, as
      paying agent and certificate registrar (the “Paying Agent and Certificate
      Registrar”).





I,
      Barbara L. Marik, a First Vice President of LaSalle Bank National Association,
      as Paying Agent and Certificate Registrar hereby certify that:





(1)
      A
      review of the activities of the Paying Agent and Certificate Registrar during
      the preceding calendar year and of the performance of the Paying Agent and
      Certificate Registrar under the Agreement has been made under my supervision;
      and





(2)
      To
      the best of my knowledge, based on such review, the Paying Agent and Certificate
      Registrar has fulfilled all its obligations under the Agreement in all material
      respects throughout such year or a portion thereof.











Date: February
      1, 2007








LaSalle
      Bank National Association, as Paying Agent and Certificate
      Registrar








/s/
      Barbara L Marik


Barbara
      L. Marik


First
      Vice President
Opinion issued October 11, 2018

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-18-00627-CV

———————————

IN RE LESLIE LYNN MCDONALD, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Leslie Lynn McDonald, has filed a petition for a writ of mandamus, 

challenging the trial court’s orders referring the case to arbitration “pursuant to the 

terms of the parties’ premarital agreement” and granting real party in interest David 

Tally McDonald’s summary-judgment motions.

1

 

1 The underlying case is In the Matter of the Marriage of Leslie Lynn McDonald and 

David Tally McDonald, Cause No. 2016-27310, in the 309th District Court of Harris 

County, Texas, the Honorable Sheri Y. Dean presiding.
2

We deny the petition and dismiss as moot relator’s motion for an emergency

stay.

PER CURIAM

Panel consists of Justices Keyes, Bland, and Lloyd.
#### Erwin Strickland, Respondent, v. Richard L. Leggett, Appellant.

— Motion denied, with ten dollars costs.