alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Elisabeth Jackson, Individually and as Mother and Natural Guardian of Kadien Jackson, an Infant, Plaintiff, v North Atlantic Life Insurance Company of America, Defendant. (Action No. 1.) North Atlantic Life Insurance Company of America, Appellant, v Elisabeth Jackson et al., Respondents. (Action No. 2.)

In consolidated actions to recover the face amount of an insurance policy (action No. 1) and to rescind that policy (action No. 2), North Atlantic Life Insurance Company of America appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Vinik, J.), dated March 14, 1989, as granted that branch of the motion of Kadien and Elisabeth Jackson which was to dismiss action No. 2.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, that branch of the motion which was to dismiss the complaint in action No. 2 is denied, the complaint in action No. 2 is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent hereinwith.

North Atlantic Life Insurance Company of America is clearly entitled to a determination as to whether the subject insurance policy should be rescinded based upon the insured’s alleged misrepresentations in his application *(see, Levande v Canada Life Assur. Co.,*23 AD2d 669, *affd*17 NY2d 645). This determination is to be made by the court, which, in its discretion, may or may not employ an advisory jury *(see,*CPLR 4212). Lawrence, J. P., Kunzeman, Rubin and Rosenblatt, JJ., concur.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6734 Received in Senate (RDS)]

<DOC>
117th CONGRESS
  2d Session
                                H. R. 6734

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2022

                                Received

_______________________________________________________________________

                                 AN ACT

 
To amend the Fish and Wildlife Act of 1956 to reauthorize the volunteer 
 services, community partnership, and refuge education programs of the 
        National Wildlife Refuge System, and for other purposes.

    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 ``Keep America's Refuges Operational 
Act of 2022''.

SEC. 2. REAUTHORIZATION OF NATIONAL WILDLIFE REFUGE SYSTEM VOLUNTEER 
              SERVICES, COMMUNITY PARTNERSHIP, AND REFUGE EDUCATION 
              PROGRAMS.

    Section 7(g) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f) 
is amended by striking ``2018 through 2022'' and inserting ``2023 
through 2027''.

SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives September 19, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```
[Federal Register Volume 73, Number 171 (Wednesday, September 3, 2008)]
[Notices]
[Page 51438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20134]


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

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service


Meeting of the Advisory Committee on Emerging Markets

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to the provisions of section 10(a)(2) of the 
FederalAdvisory Committee Act (Pub. L. 92-463), notice is hereby given 
that the next meeting of the Advisory Committee on Emerging Markets 
will be held on September 10-11, 2008. The role of the committee is to 
provide information and advice, based upon knowledge and expertise of 
the members, useful to the U.S. Department of Agriculture (USDA) in 
implementing the Emerging Markets Program. The committee also advises 
USDA on the involvement of the U.S. private sector in cooperative work 
with emerging markets in food and rural business systems, and reviews 
proposals submitted to the Program.

DATES: The meeting will convene on September 10, 2008, from 9:30 a.m. 
to 5:30 p.m., and on September 11, 2008, from 9:30 a.m. to 1:30 p.m.

ADDRESSES: The meeting will be held on the 4th Floor, Room 411 Portals 
Building, 1250 Maryland Avenue, SW., Washington, DC 20024. Please 
submit comments by e-mail to <a href="/cdn-cgi/l/email-protection#531d323d302a7d1b3a2120303b3b3c213d133532207d262037327d343c25"><span class="__cf_email__" data-cfemail="76381718150f583e1f0405151e1e19041836101705580305121758111900">[email protected]</span></a> or by fax to 
(202) 690-0193. Persons with disabilities who require an alternative 
means of communication of information (Braille, large print, audiotape, 
etc.) should contact USDA's Target Center at (202) 720-2600 (voice and 
TDD).

FOR FURTHER INFORMATION CONTACT: Nancy Hirschhorn by e-mail at 
<a href="/cdn-cgi/l/email-protection#abcec6c4ebcdcad885ded8cfca85ccc4dd"><span class="__cf_email__" data-cfemail="3550585a755354461b404651541b525a43">[email protected]</span></a> or by telephone (202) 720-6896.

SUPPLEMENTARY INFORMATION: The purpose of this meeting is to review and 
discuss those proposals submitted for participation in the fiscal year 
2009 Emerging Markets Program, which qualify for finding from the 
program. The meeting is open to the public and members of the public 
may provide comments, but they should not make any oral comments at the 
meeting unless invited to do so by the co-chairpersons. The proposals 
will be posted on the Federal Advisory Committees Database at http://fido.gov/facadatabase/public.asp.

    Dated: August 21, 2008.
Michael W. Yost,
Administrator, Foreign Agricultural Service.
[FR Doc. E8-20134 Filed 9-2-08; 8:45 am]
BILLING CODE 3410-10-M


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#### The People of the State of New York, Respondent, v Mark S. Froats, Appellant.

Judgment unanimously affirmed. Memorandum: Where the defendant, at a second felony hearing, fails to challenge the constitutionality of a prior felony conviction, he waives any allegation of unconstitutionality unless good cause can be shown for the failure to make a timely challenge (CPL 400.21 [7] [b]), and the court’s finding that defendant is a second felony offender is binding upon him in any future proceeding (CPL 400.21 [8]). Defendant failed to challenge the constitutionality of his 1976 felony conviction at the time of his second felony offender hearing in 1981, but sought to challenge the constitutionality of that first conviction at his persistent felony hearing. He urged that the court’s failure, during sentencing on the 1981 conviction, to ask defendant if he wished to challenge the constitutionality of the earlier conviction constituted "good cause” for failing to make a timely challenge. Defendant was not entitled to that specific request or warning from the court *(see, People v English,*75 AD2d 981; *People v Linderberry,*55 AD2d 992), and thus failed to demonstrate good cause for failing to challenge the prior conviction. By failing to challenge his 1976 conviction at the 1981 sentencing or to demonstrate good cause for such failure, defendant waived any future challenge to the constitutionality of the 1976 conviction for sentence enhancement purposes *(see, People v Shaffer,*144 AD2d 182, 183; *People v Ubiles,*130 AD2d 788), and the court properly determined that defendant was a persistent felon.

There is no merit to defendant’s contentions that penetra*907tion is an essential element of forcible sodomy *(see, People v Reed,*144 AD2d 932; *People v Griffin,*96 AD2d 720), or that the court abused its discretion in refusing to permit a courtroom experiment *(see, People v Acevedo,*40 NY2d 701; *People v Sugrue,*103 AD2d 785) or in permitting cross-examination of defendant concerning the fact that he was convicted of a felony in 1976 *(see, People v Salcedo,*133 AD2d 129, *lv denied*70 NY2d 754). We also find that the verdict was not contrary to the weight of evidence and that the sentence was not harsh or excessive. (Appeal from judgment of Supreme Court, Onondaga County, Gorman, J.—sodomy, first degree.) Present— Denman, J. P., Boomer, Pine, Balio and Lowery, JJ.
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#### In the Matter of Elrheihem T., a Person Alleged to be a Juvenile Delinquent.

Case held, decision reserved, motion to relieve counsel’s assignment granted, and new counsel to be assigned. Memorandum: Respondent’s attorney has moved to be relieved of his assignment on the ground that no nonfrivolous issues exist on the appeal. While we do not determine the applicability of this court’s decision in *People v Crawford*(71 AD2d 38) to this appeal from an order of disposition in a juvenile delinquency proceeding, we do find at least three nonfrivolous issues overlooked by counsel. The first issue is whether the presentment agency proved beyond a reasonable doubt that respondent committed an act which, if committed by an adult, would be a crime *(see,*Family Ct Act § 342.2 [2]; *Matter of Jerry XX.,*115 AD2d 797, *lv denied*68 NY2d 601). The second issue is whether Family Court’s determination is supported by the weight of the evidence *(see, e.g., Matter of Orlando S.,*55 AD2d 620). A third nonfrivolous issue concerns the absence of respondent’s parent at the separate fact-finding and dispositional hearings *(see,*Family Ct Act § 341.2 [3]; *Matter of Roman,*144 AD2d 315, 316).

We, therefore, relieve counsel of his assignment and assign new counsel to file a brief addressing the above issues and any other nonfrivolous issues found by counsel upon a review of the record. (Appeal from order of Onondaga County Family Court, Hedges, J.—juvenile delinquency.) Present—Dillon, P. J., Doerr, Boomer, Lawton and Davis, JJ.
[Federal Register Volume 73, Number 170 (Tuesday, September 2, 2008)]
[Notices]
[Page 51294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20210]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RR08-1-003]


North American Electric Reliability Corporation; Notice of Filing

August 15, 2008.
    Take notice that on August 14, 2008, the North American Electric 
Reliability Corporation filed a Further Compliance filing in response 
to paragraph 18 of February 21, 2008, Order, Order Conditionally 
Approving Amended Rules of Procedure, 122 FERC ]61,142 (2008).
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. 
Anyone filing a motion to intervene or protest must serve a copy of 
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#52141700111d3c3e3b3c37012722223d202612343720317c353d24"><span class="__cf_email__" data-cfemail="296f6c7b6a66474540474c7a5c5959465b5d694f4c5b4a074e465f">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on September 3, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-20210 Filed 8-29-08; 8:45 am]
BILLING CODE 6717-01-P


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I 

117TH CONGRESS 

2D SESSION H. R. 6881 

To amend the Tariff Act of 1930 to protect from public disclosure of 

personally identifiable information contained in manifests. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2022 

Mr. CRIST (for himself and Mr. WALTZ) introduced the following bill; which 

was referred to the Committee on Ways and Means 

A BILL 

To amend the Tariff Act of 1930 to protect from public 

disclosure of personally identifiable information contained 

in manifests. 

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

3 SECTION 1. PROTECTION FROM PUBLIC DISCLOSURE OF 

4 PERSONALLY IDENTIFIABLE INFORMATION 

5 CONTAINED IN MANIFESTS. 

6 (a) IN GENERAL.—Paragraph (2) of section 431(c) 

7 of the Tariff Act of 1930 (19 U.S.C. 1431(c)) is amended 

8 to read as follows: 

9 ‘‘(2)(A) The information listed in paragraph (1) shall 

10 not be available for public disclosure if— 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 6881 IH

1 ‘‘(i) the Secretary of the Treasury makes an af2 firmative finding on a shipment-by-shipment basis 

3 that disclosure is likely to pose a threat of personal 

4 injury or property damage; or 

5 ‘‘(ii) the information is exempt under the provi6 sions of section 552(b)(1) of title 5, United States 

7 Code. 

8 ‘‘(B) The Secretary shall ensure that any personally 

9 identifiable information, including Social Security account 

10 numbers and passport numbers, is removed from any 

11 manifest signed, produced, delivered, or electronically 

12 transmitted under this section before access to the mani13 fest is provided to the public.’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall take effect on the date that is 30 days 

16 after the date of the enactment of this Act. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Securities and Exchange Commission

Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold an Open Meeting on September 8, 2008 at 10 a.m., in the Auditorium, Room L-002.

The subject matter of the Open Meeting will be:

The Commission will hear oral argument in an appeal by Brendan E. Murray from the decision of an administrative law judge. The law judge found that Murray, formerly a managing director of registered investment adviser Cornerstone Equity Advisers, Inc. (“Cornerstone”) and secretary to Cornerstone's advisory clients the Cornerstone Funds, Inc. (the “Funds”), willfully aided and abetted and caused Cornerstone to violate antifraud provisions of the Investment Advisers Act of 1940, and that Murray converted assets of the Funds in violation of the Investment Company Act of 1940. The law judge barred Murray from associating with any investment adviser and from working for any registered investment company, assessed a civil money penalty, imposed a cease-and-desist order, and ordered disgorgement plus prejudgment interest.

Among the issues likely to be argued are whether Murray is liable as charged, whether Murray acted with scienter, and whether there is merit to Murray's contention that he was denied a fair hearing. The parties may also address whether and to what extent Murray should be sanctioned if he is found to have committed the alleged violations.

At times, changes in Commission priorities require alterations in the scheduling of meeting items.

For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact:

The Office of the Secretary at (202) 551-5400.

August 29, 2008.

Florence E. Harmon,

Acting Secretary.

 [FR Doc. E8-20534 Filed 9-3-08; 8:45 am]

BILLING CODE 8010-01-P
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-92,587-01, WR-92,587-02, WR-92,587-03 & WR-92,587-04

EX PARTE FIDEL ANGEL MARTINEZ, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. 1073633-A, 1073634-A, 1073636-A & 1073635-A 

IN THE 209 DISTRICT COURT FROM HARRIS COUNTY TH

Per curiam.

O R D E R

Applicant was convicted of murder and three charges of attempted murder. He was sentenced

to forty years’ imprisonment for murder and to twenty years’ imprisonment in each attempted

murder. Applicant filed these applications for writs of habeas corpus in the county of conviction, and

the district clerk forwarded them to this Court. See TEX. CODE CRIM. PROC. art. 11.07.

In five grounds for relief, Applicant contends that his plea was involuntary because counsel

ignored his demands for a jury trial and, against his wishes, insisted he plead guilty to the charges. 

Applicant has alleged facts that, if true, might entitle him to relief. Brady v. United States, 397 U.S.

742 (1970). Accordingly, the record should be developed. The trial court is the appropriate forum

for findings of fact. TEX. CODE CRIM. PROC. art. 11.07, § 3(d). The trial court shall order trial
2

counsel to respond to Applicant’s claims. In developing the record, the trial court may use any

means set out in Article 11.07, § 3(d). If the trial court elects to hold a hearing, it shall determine

whether Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the

trial court shall appoint counsel to represent him at the hearing. See TEX. CODE CRIM. PROC. art.

26.04. If counsel is appointed or retained, the trial court shall immediately notify this Court of

counsel’s name.

The trial court shall make findings of fact and conclusions of law as to whether Applicant’s

plea was involuntary. The trial court may make any other findings and conclusions that it deems 

appropriate in response to Applicant’s claims.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial court’s

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from

hearings and depositions. See TEX.R.APP.P. 73.4(b)(4). Any extensions of time must be requested

by the trial court and obtained from this Court. 

Filed: June 9, 2021

Do not publish