alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                EXHIBIT 10.22(a)

                               DAVID B. CORNSTEIN
                             Pinnacle Advisors, Ltd.
                                529 Fifth Avenue
                              New York, N.Y. 10017
                                 (212) 382-7473



                                  March 8, 2004


Finlay Enterprises, Inc.
529 Fifth Avenue
New York, NY 10017

Re:      Sale of Shares of Common Stock of Finlay Enterprises, Inc.

Gentlemen:

         This letter confirms the agreement of David B. Cornstein ("Cornstein")
to sell to Finlay Enterprises, Inc. (the "Company") an aggregate of 100,000
shares of the common stock of the Company (the "Shares"), on the terms set forth
herein.

         1. Simultaneously with the execution and delivery of this Agreement,
(i) the Company shall purchase from Cornstein, and Cornstein shall sell to the
Company, the Shares at a price of $16.25 per share, or an aggregate price of
$1,625,000 (the "Purchase Price"), and (ii) the Company shall deliver to
Cornstein the Purchase Price by wire transfer to an account designated by
Cornstein and Cornstein will either DWAC the Shares to the Company or deliver to
the Company one or more stock certificates representing the Shares, with stock
powers duly endorsed in blank attached thereto.

         2. Cornstein represents and warrants to the Company that (a) the Shares
are owned by Cornstein, (b) the Shares are being sold free and clear of all
encumbrances and liens of any kind whatsoever other than any restrictions
imposed by Federal and state securities law, (c) Cornstein is authorized to
enter into this Agreement and to consummate the transactions contemplated hereby
and (d) Cornstein is fully familiar with the financial condition of the Company
and has had an adequate opportunity to ask and have answered questions regarding
the financial and business conditions of the Company.

         3. The Company represents that as of the date of its execution of this
Agreement, all necessary corporate actions will have been taken to authorize the
transaction contemplated herein.

         4. This Agreement shall be governed by the laws of the State of New
York and may not be modified except by a writing executed by the parties hereto.



<PAGE>

         Please confirm your agreement to the foregoing by executing the
enclosed copy of this letter where indicated.

                                                       Very truly yours,

                                                       /s/ David B. Cornstein
                                                       ----------------------
                                                       David B. Cornstein



Accepted And Agreed To:

FINLAY ENTERPRISES, INC.


By /s/ Arthur E. Reiner
   -----------------------------
    Name: Arthur E. Reiner
    Title: Chairman & CEO
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                           AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection  with the  accompanying  Quarterly  Report on Form 10-QSB of Elite
Cosmetics,  Inc.  for the quarter  ending July 31, 2005,  I, Glen Landry,  Chief
Executive  Officer and Chief Financial  Officer of Elite Cosmetics,  Inc. hereby
certify  pursuant to 18 U.S.C.  Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

     1.   Such  Quarterly  Report on Form 10-QSB for the quarter ending July 31,
          2005,  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 such Quarterly Report on Form 10-QSB for
          the quarter  ending July 31, 2005,  fairly  presents,  in all material
          respects,  the financial  condition and results of operations of Elite
          Cosmetics, Inc.

Dated:  September 13, 2005

ELITE COSMETICS, INC.

By: /s/ Glen Landry
-------------------
Chief Executive Officer and
Chief Financial Officer
[Federal Register Volume 60, Number 63 (Monday, April 3, 1995)]
[Notices]
[Page 16894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8108]



-----------------------------------------------------------------------


POSTAL RATE COMMISSION
[Docket No. A95-7; Order No. 1050]


Toronto, Iowa 52343-0066; (Deb Bartels, et al., Petitioners); 
Notice and Order Accepting Appeal and Establishing Procedural Schedule 
Under 39 U.S.C. Sec. 404(b)(5)

Issued: March 29, 1995.

Docket Number: A95-7
Name of Affected Post Office: Toronto, Iowa 52343-0066
Name(s) of Petitioner(s): Deb Bartels, et al.
Type of Determination: Closing
Date of Filing of Appeal Papers: March 24, 1995
Categories of Issues Apparently Raised:

    1. Effect on postal services [39 U.S.C. Sec. 404(b)(2)(C)].
    2. Effect on the community [39 U.S.C. Sec. 404(b)(2)(A)].
    After the Postal Service files the administrative record and the 
Commission reviews it, the Commission may find that there are more 
legal issues than those set forth above. Or, the Commission may find 
that the Postal Service's determination disposes of one or more of 
those issues.
    The Postal Reorganization Act requires that the Commission issue 
its decision within 120 days from the date this appeal was filed (39 
U.S.C. Sec. 404 (b)(5)). In the interest of expedition, in light of the 
120-day decision schedule, the Commission may request the Postal 
Service to submit memoranda of law on any appropriate issue. If 
requested, such memoranda will be due 20 days from the issuance of the 
request and the Postal Service shall serve a copy of its memoranda on 
the petitioners. The Postal Service may incorporate by reference in its 
briefs or motions, any arguments presented in memoranda it previously 
filed in this docket. If necessary, the Commission also may ask 
petitioners or the Postal Service for more information.

The Commission Orders

    (a) The Postal Service shall file the record in this appeal by 
April 10, 1995.
    (b) The Secretary of the Postal Rate Commission shall publish this 
Notice and Order and Procedural Schedule in the Federal Register.

    By the Commission.
Margaret P. Crenshaw,
Secretary.

March 24, 1995--Filing of Appeal letter
March 29, 1995--Commission Notice and Order of Filing of Appeal
April 18, 1995--Last day of filing of petitions to intervene [see 39 
C.F.R. Sec. 3001.111(b)]
April 28, 1995--Petitioners' Participant Statements or Initial Brief 
[see 39 C.F.R. Sec. 3001.115(a) and (b)]
May 18, 1995--Postal Service's Answering Brief [see 39 C.F.R. 
Sec. 3001.115(c)]
June 2, 1995--Petitioners' Reply Brief should Petitioners choose to 
file one [see 39 C.F.R. Sec. 3001.115(d)]
June 9, 1995--Deadline for motions by any party requesting oral 
argument. The Commission will schedule oral argument only when it is 
a necessary addition to the written filings [see 39 C.F.R. 
Sec. 3001.116]
July 22, 1995--Expiration of the Commission's 120-day decisional 
schedule [see 39 U.S.C. Sec. 404(b)(5)]

[FR Doc. 95-8108 Filed 3-31-95; 8:45 am]
BILLING CODE 7710-FW-P
Exhibit
23.2














Consent
of Independent Registered Public Accounting Firm





We
consent to the reference to our firm under the caption "Experts" and to the use
of our reports dated March 23, 2007 (except Note 8(c), as to which the date is
June 5, 2008) with respect to the consolidated financial statements and
schedules of GeoGlobal Resources Inc., for the year ended December 31, 2006
included in the Annual Report (Form 10-K) for 2007 filed with the Securities and
Exchange Commission.








"Ernst & Young LLP"
(signed)


CHARTERED ACCOUNTANTS





CALGARY,
ALBERTA


March 26,
2009
#### The People of the State of New York, Respondent, v Franklin Baez, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chetta, J.), rendered April 30, 1987, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree and unlawful possession of marihuana, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he was entitled to a jury instruction on the defense of agency because the testimony of an undercover officer raised the issue of whether he was acting merely as the agent of a purchaser. He argues that the court, by failing to so instruct the jury, deprived him of a fair trial. The defendant’s claim of error is unpreserved. A reading of the record shows that at no time during the trial did the defendant request any charge on agency. Nor did he object to the charge as given by the court on that ground. It is beyond cavil that where a defendant at the trial fails to request a particular charge and fails to take exception to the charge as given on the ground that the particular charge was not included, then the claim that the defendant would have been entitled to that charge, had he timely sought it, has not been preserved for appellate review *(see, People v Whalen,*59 NY2d 273, 280; *People v Argibay,*45 NY2d 45, 53; *People v Udzinski,*146 AD2d 245).

The defendant also contends that he was deprived of his right to a public trial *(see, People v Jones,*47 NY2d 409, *cert denied*444 US 946), when the Trial Judge cleared the courtroom, allegedly without satisfactory explanation in the record. *603He claims that this warrants an automatic reversal. We decline to reach the merits of this issue since it also was not properly preserved for appellate review *(see,*CPL 470.05; *People v Scott,*134 AD2d 379, 381). It has long been held that a defendant may waive his right to a public trial if an objection is not taken within a reasonable time *(see, People v Miller,*257 NY 54; *People v Scott, supra).*

We have examined the defendant’s other contention and find it to be without merit *(see, People v Suitte,*90 AD2d 80). Mangano, P. J., Thompson, Bracken and Eiber, JJ., concur.
[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Notices]
[Pages 18192-18193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10080]



-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY
[Dept. Circ. 570, 1995--Rev., Supp. No. 10]


Surety Companies Acceptable on Federal Bonds; Termination of 
Authority: Delta Casualty Company

    Notice is hereby given that the Certificate of Authority issued by 
the Treasury to DELTA CASUALTY COMPANY, of Chicago, Illinois, under the 
United States Code, Title 31, Sections 9304-9308, to qualify as an 
acceptable surety on Federal bonds is terminated effective today.
    The Company was last listed as an acceptable surety on Federal 
bonds at 60 FR 34440, June 30, 1995.
    With respect to any bonds currently in force with Delta Casualty 
Company, bond-approving officers may let such bonds run to expiration 
and need not secure new bonds. However, no new bonds should be accepted 
from the Company. In addition, bonds that are continuous in nature 
should not be renewed.
    The Circular may be accessible through the Internet (http: 
llwww.ustreas.gov/treasury/bureaus/finman/c570.html) and also viewed or 
downloaded by calling the U.S. Department of the Treasury, Financial 
Management Service, computerized public bulletin board system (FMS

[[Page 18193]]

Inside Line) at (202) 874-6817/7034/6953/6872. A hard copy may be 
purchased from the Government Printing Office (GPO), Washington, DC, 
telephone (202) 512-1800. When ordering the Circular from GPO, use the 
following stock number: 048-000-00489-0.
    Questions concerning this notice may be directed to the U.S. 
Department of the Treasury, Financial Management Service, Funds 
Management Division, Surety Bond Branch, 3700 East-West Highway, Room 
604, Hyattsville, MD 20872, telephone (202/FTS) 874-6905.

    Dated: April 8, 1996.
Charles F. Schwan III,
Director, Funds Management Division, Financial Management Service.
[FR Doc. 96-10080 Filed 4-23-96; 8:45 am]
BILLING CODE 4810-35-M
----

----

**Exhibit        32.1**

**Certifications        Pursuant to**

**Section        906 of the Sarbanes-Oxley Act of 2002**

**(18        U.S.C. Section 1350)**

|   | (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. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                        |                                                                                             |                                     |
|---------------------------------------------|--------------------------------------------------------------------------------------------------|------------------------------------------|
|                                        | **Sydys                Corporatation**                                                           |
|                                   |                                                                                        |                                |
| Date: February                14, 2007 | By:                                                                                    | /s/ Kenneth                J. Koock |
|                                        | Kenneth                  J. KoockChief Executive OfficerChief Financial                  Officer |
#### Nathan K. JOHNSON, Defendant/Appellant, v. STATE of Missouri, Plaintiff/Respondent.

No. 64402.

Missouri Court of Appeals, Eastern District, Division One.

Aug. 2, 1994.

Motion for Rehearing and/or Transfer to Supreme Court Denied Sept. 20, 1994.

Application to Transfer Denied Oct. 25, 1994.

David C. Hemingway, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Becky Owenson Kilpatrick, Asst. Atty. Gen., Jefferson City, for respondent.

Before REINHARD, P.J., and GARY M. GAERTNER and CRAHAN, JJ.

*ORDER*

PER CURIAM.

Movant appeals the denial, after an eviden-tiary hearing, of his Rule 24.035 motion for post conviction relief. We affirm. The findings and conclusions of the motion court are not clearly erroneous, and an extended opinion would have no precedential value. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order affirming the judgment pursuant to Rule 84.16(b).
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 quarterly report of Brooklyn Federal Bancorp, Inc. (the “Company”) on Form 10-Q/A for the quarter ended March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Michael A. Trinidad, Vice President and 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 Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 as amended; 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:  June 27, 2011/s/  Michael A. TrinidadMichael A. TrinidadSenior Vice President and Chief Financial Officer
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT In re : SC OTT C . TOW

NLEY; STEPHANIE TASHIR O-TOW NLEY, De

btors, SC OTT C . TOW

NLEY; STEPHANIE TASHIR O-TOW

NLEY, Appe lla

nts, v. K. M IC HAEL FITZGER ALD, Truste e , Appe lle e . No. 12-60001 B AP No. 10-1397 M EM O R ANDUM *

Appe a l from

the Ninth C irc uit B ankruptc y

Appe lla te Pane l Jury , W a lla c e , a

nd Pa ppa s, B ankruptc y

Judge s, Pre siding Subm itte d Ja

nua ry 21, 2014 ** B e fore : C ANB Y, SILVER M AN, a nd PAEZ, C irc uit Judge s. 

# FIL ED JAN 27 2014 M OLLY C. DW Y ER, CLERK U . S . CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).Sc ott C . Townle y and Ste pha

nie Ta shiro-Townle y a

ppe a l pro se from

the B ankruptc y

Appe l late Pane l ’ s (“ B AP” ) judgm e nt dismi ssing a s m oot the ir a ppe a l from the ba nkruptc y c ourt’ s orde r de ny ing c onfirm ation of the ir C ha pte r 13 pla

n and dismi ssing the ir c a se . W e hav e jurisdic tion under 28 U.S.C . § 158(d). W e re vie w de novo a

de te rm ination tha

t a n a ppe a l from a

ba nkruptc y c ourt de c ision is m oot. N a t’l Mass Me dia Te le c o mm. Sy s., Inc . v . Stanle

y (In reN a t’l Mass Me dia Te le c omm. Sy

s., Inc .) , 152 F.3d 1178, 1180 (9th C ir. 1998). W e a ffirm . The B AP prope rly

dismi sse d the a

ppe a l a s m oot be c a

use the de btors fa ile d to se e k a sta y of the fore c losure sa le pe nding a ppe a l. Se eOnouli-K

o na Land C

o. v . Estate of Ric hards (In re

Onouli-K

ona Land C

o.) , 846 F.2d 1170, 1171 (9th C ir. 1988) (“ B ankruptc y ’ s m ootne ss rule a pplie s whe n a

n a ppe l la nt ha s fa i le d to obtai n a sta y from an orde r that pe rm its a

sa le of a de btor’ s a sse t s.” ). The de btors’ re que st, file d on M arc h 9, 2012, tha t this c ourt ta

k e judic ia l notic e of a

m otion in a

nothe r c a se is de nie d. AFFIRM E D.

1 2 - 6 0 0 0 1 2
EXHIBIT 32.1

SARBANES-OXLEY ACT SECTION 906 CERTIFICATION

In connection with this Report on
Form 10-Q of Foundation Coal Corporation for the period ended September 30, 2007, I, James F. Roberts, Chief Executive Officer of Foundation Coal Corporation, hereby certify pursuant to 18 U.S.C. §1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



|1. | This Form 10-Q for the period ended September 30, 2007 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 this Form 10-Q for the period ended September 30, 2007 fairly presents, in all material respects, the financial condition
and results of operations of Foundation Coal Corporation.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |  |  |                        
|----------------------- |  |  |  | -----------------------
|                        |  | 
|Date: November 14, 2007 |  |  |  | /s/ JAMES F. ROBERTS   
|                        |  |  |  | James F. Roberts       
|                        |  |  |  | Chief Executive Officer
EXHIBIT 23.2


                       CONSENT OF INDEPENDENT ACCOUNTANTS



The Board 0f Directors
Nationwide Auction Systems:

We consent to the  inclusion of our report dated March 5, 1999,  with respect to
the combined balance sheet of Nationwide Auction Systems as of December 31, 1998
and the related combined statements of earnings and retained earnings,  and cash
flows for each of the years in the two year  period  ended  December  31,  1998,
which  report is  included in this  Annual  Report on Form 10-K of Entrade  Inc.
dated March 23, 2000.



/s/ KPMG LLP




Los Angeles, California
March 29, 2000



























                                       E-8
#### STATE of Missouri, Respondent, v. Michael L. WILLIAMS, Appellant. Michael L. WILLIAMS, Appellant, v. STATE of Missouri, Respondent.

Nos. WD 48132, 49426.

Missouri Court of Appeals, Western District.

June 6, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied Aug. 1, 1995.

Application to Transfer Denied Sept. 19, 1995.

Laura G. Martin, Asst. Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Joanne E. Beal, Asst. Atty. Gen., Jefferson City, for respondent.

Before ULRICH, P.J., and LOWENSTEIN and ELLIS, JJ.

*ORDER*

Williams was jury convicted of two counts of forcible rape, three counts of armed criminal action, one count of kidnapping, and was sentenced as a prior and persistent offender. The direct and Rule 29.15 appeals are consolidated.

Judgment affirmed. Rules 30.25(b) and 84.16(b).
AMENDMENT No



Exhibit 10.1



 

AMENDMENT No. 1 to SEVERANCE AGREEMENT


 

This Amendment No. 1 to Severance Agreement, dated as of November 1, 2006 ("Amendment No. 1"), is made and entered by and between [name] (the "Executive") and FEDERATED DEPARTMENT STORES, INC., a Delaware corporation (the "Company").


RECITALS




    A.     The Executive and the Company entered into a Severance Agreement dated as of [date]; and


    B.     The Executive and the Company desire to amend the Severance Agreement.


        NOW, THEREFORE, the Company and the Executive agree as follows:


            1.   
Clause (i) of Section 1(g) is hereby amended to replace the date "November 1, 2006" with the date "November 1, 2007"; and


            2.   
Except as hereby amended, all of the other terms and provisions of the Severance Agreement remain in full force and effect.  


        IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be duly executed and delivered as of the date first above written.


 

	 	
FEDERATED DEPARTMENT STORES, INC.

	 	 
	 	
By:                                                                      

	 	Dennis J. Broderick


	 	Senior Vice President, General Counsel and Secretary


	 	 
	 	 
	 	                                                                    


	 	[Executive]