alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[665 NE2d 657, 642 NYS2d 856]

#### In the Matter of B. Marc Mogil.

Decided March 26, 1996

*1004OPINION OF THE COURT

On the Court’s own motion, it is determined that Honorable B. Marc Mogil is suspended, with pay, effective immediately, from the office of Judge of the County Court, Nassau County, pending disposition of his request for review of a determination by the State Commission on Judicial Conduct.

Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          14,100
<SECURITIES>                                         0
<RECEIVABLES>                                  195,070
<ALLOWANCES>                                   (3,770)
<INVENTORY>                                    177,010
<CURRENT-ASSETS>                               427,160
<PP&E>                                       1,101,560
<DEPRECIATION>                                 359,700
<TOTAL-ASSETS>                               2,079,400
<CURRENT-LIABILITIES>                          255,960
<BONDS>                                      1,254,900
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        44,730
<OTHER-SE>                                     297,020
<TOTAL-LIABILITY-AND-EQUITY>                 2,079,400
<SALES>                                      1,295,480
<TOTAL-REVENUES>                             1,295,480
<CGS>                                        (966,590)
<TOTAL-COSTS>                                (966,590)
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              64,500
<INCOME-PRETAX>                                115,350
<INCOME-TAX>                                    45,490
<INCOME-CONTINUING>                             69,860
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    69,860
<EPS-BASIC>                                       1.71
<EPS-DILUTED>                                     1.39


</TABLE>
Case: 19-30088 Doc# 4703 Filed: 11/12/19 Entered: 11/13/19 12:26:59 Page 1 of

3
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3
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3
Exhibit 32.1 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 Advanced Battery Technologies, Inc. on Form 10-QSB for the quarter ended March 31, 2007 as filed with the Securities and Exchange Commission (the Report), I, Zhiguo Fu, Chief Executive Officer of Advanced Battery Technologies, Inc., certify, pursuant to 18 U.S.C. Section 1350, as adopted by Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of 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 Advanced Battery Technologies, Inc. as of and for the period covered by the Report.  Pursuant to the rules and regulations of the Securities and Exchange Commission, this certification is being furnished and is not deemed filed. Dated:  May 15, 2007/s/ Zhiguo Fu
Zhiguo Fu 
Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM SEPTEMBER
30, 1997 MASCOTECH, INC. 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          66,950
<SECURITIES>                                    33,690
<RECEIVABLES>                                  127,930
<ALLOWANCES>                                         0
<INVENTORY>                                     70,990
<CURRENT-ASSETS>                               340,370
<PP&E>                                         671,050
<DEPRECIATION>                                 262,120
<TOTAL-ASSETS>                               1,180,570
<CURRENT-LIABILITIES>                          176,120
<BONDS>                                        600,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        47,150
<OTHER-SE>                                     182,680
<TOTAL-LIABILITY-AND-EQUITY>                 1,180,570
<SALES>                                        688,510
<TOTAL-REVENUES>                               688,510
<CGS>                                          543,870
<TOTAL-COSTS>                                  543,870
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              29,280
<INCOME-PRETAX>                                158,660
<INCOME-TAX>                                    62,690
<INCOME-CONTINUING>                             95,970
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    95,970
<EPS-PRIMARY>                                     1.95
<EPS-DILUTED>                                     1.74
        

</TABLE>
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

1199 KA 12-01588 PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

PATRICK D. POTTER, DEFENDANT-APPELLANT.

WAGNER & HART, LLP, OLEAN (JANINE FODOR OF COUNSEL), FOR DEFENDANT-APPELLANT.

LORI PETTIT RIEMAN, DISTRICT ATTORNEY, LITTLE VALLEY, FOR RESPONDENT.

Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered August 6, 2012. The judgment convicted defendant, upon his plea of guilty, of attempted sexual abuse in the first degree (two counts).

It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Cattaraugus County Court for further proceedings in accordance with the following Memorandum: On appeal from a judgment convicting him upon his plea of guilty of two counts of attempted sexual abuse in the first degree (Penal Law §§ 110.00, 130.65 [3]), defendant contends that County Court erred in failing to rule on his applications to be adjudicated a youthful offender. Defendant, an eligible youth, pleaded guilty pursuant to a plea bargain that included a promised sentence and a waiver of the right to appeal. There was no mention during the plea proceedings whether he would be afforded youthful offender treatment. At sentencing, defense counsel made several applications for defendant to be treated as a youthful offender, but the court did not expressly rule on them; instead, the court imposed a sentence that was incompatible with youthful offender treatment.

“Upon conviction of an eligible youth, the court must order a [presentence] investigation of the defendant. After receipt of a written report of the investigation and at the time of pronouncing sentence the court must determine whether or not the eligible youth is a youthful offender” (CPL 720.20 [1]). A sentencing court must determine whether to grant youthful offender status to every defendant who is eligible for it because, inter alia, “[t]he judgment of a court as to which young people have a real likelihood of turning their lives around is just too valuable, both to the offender and to the community, to be sacrificed in plea bargaining” ( People v Rudolph , 21 NY3d 497, 501). “[W]e cannot deem the court’s failure to rule on the . . . [applications] as . . . denial[s] thereof” ( People v Spratley
,-2- 1199 KA 12-01588

96 AD3d 1420, 1421, following remittal 103 AD3d 1211, lv denied 21 NY3d 1020; see People v Ingram , 18 NY3d 948, 949; People v Chattley
, 89 AD3d 1557, 1558). Furthermore, even if the court had denied the applications, there is no information in the record from which we could ascertain whether the court properly did so in the exercise of its discretion, or whether it improperly acceded to the prosecutor’s plea conditions. We therefore hold the case and remit the matter to County Court to make and state for the record a determination whether defendant should be granted youthful offender status ( see Rudolph , 21 NY3d at 503).

Entered: February 7, 2014 Frances E. Cafarell Clerk of the Court
Electronically FiledIntermediate Court of Appeals3017528-OCT-201011:47 AM
Exhibit 32.1

Certifications

Pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, the undersigned officer of Keystone Automotive Operations, Inc. (the Company), hereby certifies that, to his knowledge, the Companys Quarterly Report on Form 10-Q for the three month period ended September 29, 2007 (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 that the information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.



|                        |  |     |  |                                      
|----------------------- |  | --- |  | -------------------------------------
|Date: November 12, 2007 |  | By: |  | /s/ EDWARD H. ORZETTI                
|                        |  |     |  | Edward H. Orzetti                    
|                        |  |     |  | Chief Executive Officer and President

The foregoing certification is being furnished solely pursuant to 18 U.S.C. ss. 1350 and is not being filed as
part of the Report or as a separate disclosure document.
Case: 19-30088 Doc# 4998 Filed: 12/05/19 Entered: 12/05/19 12:50:53 Page 1 of

3
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3
Case: 19-30088 Doc# 4998 Filed: 12/05/19 Entered: 12/05/19 12:50:53 Page 3 of

3
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5420 Referred in Senate (RFS)]

113th CONGRESS
  2d Session
                                H. R. 5420

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 17 (legislative day, September 16), 2014

     Received; read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 AN ACT

 
  To amend the Internal Revenue Code of 1986 to permit the release of 
      information regarding the status of certain investigations.

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

SECTION 1. RELEASE OF INFORMATION REGARDING THE STATUS OF CERTAIN 
              INVESTIGATIONS.

    (a) In General.--Section 6103(e) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new paragraph:
            ``(11) Disclosure of information regarding status of 
        investigation of violation of this section.--In the case of a 
        person who provides to the Secretary information indicating a 
        violation of section 7213, 7213A, or 7214 with respect to any 
        return or return information of such person, the Secretary may 
        disclose to such person (or such person's designee)--
                    ``(A) whether an investigation based on the 
                person's provision of such information has been 
                initiated and whether it is open or closed,
                    ``(B) whether any such investigation substantiated 
                such a violation by any individual, and
                    ``(C) whether any action has been taken with 
                respect to such individual (including whether a 
                referral has been made for prosecution of such 
                individual).''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

            Passed the House of Representatives September 16, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from 
HCW Pension Real Estate Fund Limited Partnership 1998 First Quarter 
10-QSB and is qualified in its entirety by reference to such 10-QSB 
filing.
</LEGEND>
<CIK> 0000745538
<NAME> HCW PENSION REAL ESTATE FUND LIMITED PARTNERSHIP
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                    3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998   
<CASH>                                           1,192
<SECURITIES>                                         0
<RECEIVABLES>                                      381
<ALLOWANCES>                                      (16)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                          15,444
<DEPRECIATION>                                 (5,070)   
<TOTAL-ASSETS>                                  12,015   
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                              0     
<PREFERRED-MANDATORY>                                0     
<PREFERRED>                                          0  
<COMMON>                                             0
<OTHER-SE>                                      11,387    
<TOTAL-LIABILITY-AND-EQUITY>                    12,015    
<SALES>                                              0
<TOTAL-REVENUES>                                   749    
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                   745    
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0    
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         4     
<EPS-PRIMARY>                                      .25<F2>
<EPS-DILUTED>                                        0
<FN>
<F1>Registrant has an unclassified balance sheet.
<F2>Multiplier is 1.
</FN>
        


</TABLE>
```

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 accompanying Quarterly Report on Form 10-QSB (the
"Report") of Telemetrix Inc. (the "Company") for the fiscal quarter ended March
31, 2003, I, Michael J. Tracy, Chief Executive Officer and Chief Financial
Officer (Principal Executive and Accounting Officer) of the Company, hereby
certify pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, to my knowledge, 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.

March 15, 2004

                                          /s/ Michael J. Tracy
                                   Name:  Michael J. Tracy
                                   Title: Chief Executive Officer
                                        and Chief Financial Officer
                                (Principal Executive and Accounting Officer)
```
Exhibit
10.3


 





 


ADVISORY
SERVICES AGREEMENT


 


	DATE:	June
    28, 2016
	 	 
	TO:
    	Wayne
    Rich
	 	 
	FROM:	Donna
Silverman


 


REGARDING:
Advisory Services Invoice


 





 


Pursuant
to TCA Fund Management Group (“TCA”) having providing assistance to Star Mountain Resources, Inc. (the “Company”),
the following scope of work and associated fees have been provided and earned as of this date.


 


1.Services
Provided:


 


A
range of advisory services which may, or may not, include (i) identifying, evaluating and advising in relation to the Company’s
current structural (including business model), financial, operational, managerial, strategic and other needs and objectives, (ii)
preparing and coordinating with the Company and others in the development of business plans, and financial models, (iii) identifying
potential merger, acquisition, divestiture, consolidation or other combination (“M&A Transaction”) opportunities
and negotiating, structuring and advising in connection with potential M&A Transactions, (v) advising and assisting the Company
in connection with the preparation of any registration statements, periodic or other SEC reports or proxies, and (vi) coordinating
with, and advising in connection with the activities of, Outside Professionals, including without limitation attorneys, accountants,
market professionals, etc. These services may or may not have been in conjunction with working with the Company to obtain financing
with TCA’s affiliated fund, TCA Global Credit Master Fund, LP.


 


2.Compensation:


 


In
consideration for the services provided by TCA to the Company as of this date, the Company shall compensate TCA in the amount
of $ 300,000.


 


The
Company shall pay a fee in the amount of $300,000 payable in United States Dollars to an account designated by TCA on the date
of this letter agreement.


 




    	 	 	 



     

    


 


Should
TCA and the Company complete a financing with TCA’s affiliated Fund, TCA Global Credit Master Fund, LP (“TCA-Fund”)
prior to payment in full of the amount owed, then the payment of this obligation shall be included in the final documents
for said financing with the TCA-Fund.


 


Accepted
and Agreed:


 


	Star
    Mountain Resources, inc.	 
	 	 	 
	By:
    	/s/
    Wayne Rich	 
	Name:	Wayne
    Rich	 
	Title:	Chief
    Financial Officer
EXHIBIT C 

Case: 19-30088 Doc# 4993-3 Filed: 12/05/19 Entered: 12/05/19 10:29:19 Page 1

of 2
EXPENSE SUMMARY 

OCTOBER 1, 2019 THROUGH OCTOBER 31, 2019 

EXPENSES AMOUNTS

Computerized Research $0 

Meals $265.92 

Travel $0 

Transportation $96.19 

Printing and Duplication $3,383.83 

Transcription Services $3,767.95 

Telephone Conferencing $0 

Messenger $505.84 

Filing Fees $620 

Total Expenses Requested: $8,639.73 

Case: 19-30088 Doc# 4993-3 Filed: 12/05/19 Entered: 12/05/19 10:29:19 Page 2

of 2
* 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.

1 United States v. Booker, 543 U.S. 220 (2005).

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-41478

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

JESSICA GARAY

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:06-CR-158-ALL

Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges.

PER CURIAM:*

Jessica Garay appeals the sentence imposed following her guilty plea to

transportation of undocumented aliens. She argues that her sentence is

unreasonable as a matter of law because our post-Booker1rulings have

effectively reinstated the mandatory sentencing guidelines regime. Garay

correctly concedes that this claim is foreclosed by our precedent and raises it

United States Court of Appeals

Fifth Circuit

F I L E D

December 12, 2007

Charles R. Fulbruge III

Clerk
No. 06-41478

2

only to preserve its further review by the Supreme Court. See Rita v. United

States, 127 S. Ct. 2456, 2462-66 (2007); United States v. Alonzo, 435 F.3d 551,

554 (5th Cir. 2006).

AFFIRMED.
#### Fred. C. Laidley, Assignee, etc., Respondent, v. James Rogers and others, Appellants

Order affirmed, as per opinion, without costs. Opinion by

Putnam, J.
#### New York State Medical Care Facilities Finance Agency, Respondent, v Bank of Tokyo Trust Company, Appellant, et al., Defendant.

Submitted October 30, 1995;

decided December 28, 1995

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. CPLR 5602 (a) (2) does not apply to actions.