alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York ex rel. Victor Woodard, Appellant, v Carl D. Berry, as Superintendent of Woodbourne Correctional Facility, et al., Respondents.

Mercure, J.

Appeal from a judgment of the Supreme Court (Hanofee, J.), entered July 17, 1989 in Sullivan County, which *760dismissed a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, after a hearing.

In 1977, petitioner, now an inmate at Woodbourne Correctional Facility in Sullivan County, was convicted of robbery in the first degree and sentenced to a prison term of 2 to 8 years. Petitioner was released on parole on December 1, 1980, but his parole was revoked following a final revocation hearing conducted on January 13, 1983. Petitioner was subsequently convicted, in December 1983 of, *inter alia,*burglary in the second degree and sentenced as a second felony offender to a prison term of 7 Vi to 15 years. Petitioner initiated this habeas corpus proceeding upon the grounds that (1) his final parole revocation hearing was improperly adjourned from December 2, 1982 to January 13, 1983 and that, as a result, the State Board of Parole impermissibly failed to provide him with a final parole hearing within 90 days of the preliminary hearing, and (2) he is being illegally detained following the expiration of the sentence imposed in 1977. Supreme Court dismissed the application, giving rise to this appeal.

We affirm. Petitioner concedes that the present challenge to the parole revocation proceedings was raised and rejected in a 1983 habeas corpus proceeding initiated in Queens County. While we recognize that res judicata principles do not bar successive petitions for a writ of habeas corpus on the same ground *(see,*CPLR 7003 [b]), orderly administration would require, at least, a showing of changed circumstances *(see, People ex rel. Glendening v Glendening,*259 App Div 384, 387, *affd*284 NY 598). No such showing has been made here. Moreover, the issues concerning petitioner’s parole revocation have been rendered moot by the expiration of the 1977 sentence *(see, People ex rel. Woodard v Berry,*143 AD2d 457, 458, *lv denied 73*NY2d 705). Finally, because petitioner is properly held as a result of the sentence imposed in December 1983, habeas corpus does not lie *(see, People ex rel. Brown v New York State Div. of Parole,*70 NY2d 391, 398).

Judgment affirmed, without costs. Mahoney, P. J., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S CONSOLIDATED FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
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<EPS-PRIMARY>                                      .64<F1>
<EPS-DILUTED>                                      .62
<FN>
<F1>Earnings per share of the registrant have been restated to reflect the
application of SFAS No. 128, "Earnings per share."
</FN>
        

</TABLE>
#### The People of the State of New York, Respondent, v Frederick Slack, Appellant.

Judgment Supreme Court, New York County (Jerome Hornblass, J.), rendered June 7, 1989, convicting defendant, after a jury trial, of grand larceny in the fourth degree and sentencing him, as a predicate felony offender, to a term of imprisonment of from 2 to 4 years, unanimously affirmed.

Defendant and two cohorts were riding the subway about midnight and observed by the subway conductor as they moved to successive cars at successive stations. They were seen, through a mirror in the subway "cab”, entering the conductor’s car, with the cohorts sitting down on either side of the sleeping victim, and defendant sitting across the aisle. As defendant looked up and down the car, the cohorts slit the *131still sleeping victim’s pockets with a razor blade and removed a wallet and other items. At one station, one of the cohorts took several wallets out of his pocket, placed them in a bag, and threw them out of the train car door. The conductor called police and pointed the three out when they arrived. When police entered the car, defendant immediately walked off the train, but was shortly thereafter apprehended with a razor blade of the same type found on one of his cohorts. This direct and circumstantial evidence was sufficient to permit an inference that defendant was an accomplice of the other two, serving as their lookout *(see, People v Barnes,*50 NY2d 375, 380-381). On this record the jury could make such a finding beyond a reasonable doubt without accepting the People’s argument, made in passing on summation, without defense objection, and for which there was insufficient evidentiary support, that defendant’s role was analogous to Fagin’s in "David Copperfield”, and that he was supervising the larcenous activities of his "pupils”.

Finally, we find no error in the court’s charge warranting a new trial. Concur—Sullivan, J. P., Milonas, Kassal, Wallach and Smith, JJ.
<TABLE> <S> <C>



<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM NATIONAL
PRESTO INDUSTRIES, INC. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
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<CGS>                                           42,169
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<INCOME-PRETAX>                                  7,775
<INCOME-TAX>                                       788
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<NET-INCOME>                                     6,987
<EPS-PRIMARY>                                      .95
<EPS-DILUTED>                                        0
        


</TABLE>
# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1942 V

Filed: October 19, 2018

UNPUBLISHED

DERHYL MIDDLETON

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU) ;

Rul ing on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine

Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for

petitioner.

Voris Edward Johnson , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey

, Chief Special Master:

On December 14, 2017

, petitioner filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 (the

“Vaccine Act”). Petitioner alleges that she suffered a shoulder injur y related to vaccine

administration ( “ SIRVA ” ) caused by the influenza vaccine she received on September

27, 2016 . Petit ion at 1, ¶¶ 1, 5

. Petitioner further alleges that she suffered the residual

effects of her injury for more than six months and that neither she nor any other party

1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This

means the ruling will be available to anyone with access to the internet. In accordance with Vaccine

Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the

disclosure of which would constitute an unwarranted invasio n of privacy. If, upon review, the undersigned

agrees that the identified material fits within this definition, the undersigned will redact such material from

public access. Because this unpublished ruling contains a reasoned explanation for the action in this

case, undersigned is required to post it on the United States Court of Federal Claims' website in

accordance with the E

- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management

and Promotion of Electronic Government Services).

2 N ational Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. Hereinafter, for

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).has received compensation for her injury, alleged as vacci n e caused. Id. at ¶¶ 5

- 6. The

case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 15, 2018

, respondent filed his Rule 4(c) report in which he concedes

that petitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report

at 1. Specifically, respondent “ concluded that petitioner suffered a Table injury of

SIRVA. ” Id. at 3 . Respondent further agrees that “ based on the record as it now

stands, compensation is appropr iate, as petitioner has satisfied all legal prerequisites

for compensation under the Act. ” Id.

In view of respondent’s position and the evidence of record, the

undersigned find s that petitioner is entitle d to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master
ELECTRONIC RECORD

\50H-W

COA # 07-13-00084-CR OFFENSE: DWI

Emily Kay Smirl v. The State of

STYLE: Texas COUNTY: Randall

REVERSED AND

COA DISPOSITION: REMANDED TRIAL COURT: County Court at Law No 1

DATE: 10/13/2014 Publish: NO TC CASE #: 2012-0017-1

IN THE COURT OF CRIMINAL APPEALS

STYLE: Emily Kay Smirl v. The State of Texas

£f-atr?fi Petition

FOR DISCRETIONARY REVIEW IN CCA IS:

DATE: 011litMl?

JUDGE: /^ (jAA#tU

CCA#: jyo*-/?

CCA Disposition:

DATE:

JUDGE: ^

SIGNED:

PUBLISH:

REHEARING IN CCA IS:

JUDGE:

PC:

DNP:

MOTION FOR

ELECTRONIC RECORD
Exhibit 31.1 Section 302 Certification for Herbert E. Jones, Jr.

I, Herbert E. Jones, Jr., Chairman of the Board, certify that;

1. I have reviewed this report on Form 10-Q of The Pittsburgh & West Virginia
   Railroad;

2. Based on my knowledge, this report on Form 10-Q does not contain any untrue
   statement of a material fact or omit to state a material fact necessary to
   make the statements made, in light of the circumstances under which such
   statements were made, not misleading with respect to the period covered by
   this report;

3. Based on my knowledge, the financial statements, and other financial
   information included in this report, fairly present in all material
   respects the financial condition, results of operations and cash flows of
   the registrant as of, and for, the periods presented in this report ;

4. The registrant's other certifying officers and I are responsible for
   establishing and maintaining disclosure controls and procedures (as defined
   in Exchange Act Rules 13a-15(e) and 15d-15(e) for the registrant and  have:

a. Designed such disclosure controls and procedures, or caused such disclosure
   controls and procedures to be designed under our supervision, to ensure that
   material information relating to the registrant, including its consolidated
   subsidiaries, is made known to us by others within those entities,
   particularly during the period in which this report is being prepared;

b. Evaluated the effectiveness of the registrant's disclosure controls and
   procedures and presented in this report our conclusions about the
   effectiveness of the disclosure controls and procedures as of the end of the
   period covered by this report based on such evaluation; and

c. Disclosed in this report any change in the registrant's internal control
   over financial reporting that occurred during the registrant's most recent
   fiscal quarter (the registrant's fourth fiscal quarter in the case of an
   annual report) that has materially affected, or is reasonably likely to
   materially affect, the registrant's internal control over financial
   reporting; and

5. The registrant's other certifying officers and I have disclosed, based on
   our most recent evaluation of internal controls over financial reporting,
   to the registrant's auditors and the audit committee of the registrant's
   board of directors (or persons performing the equivalent functions):

a. All significant deficiencies in the design or operation of internal controls
   over financial reporting which are reasonably likely to adversely affect the
   registrant's ability to record, process, summarize and report financial
   information; and

b. Any fraud, whether or not material, that involves management or other
   employees who have a significant role in the registrant's internal controls
   over financial reporting.




Date: November 9, 2007


/s/ Herbert E. Jones, Jr.
Herbert E. Jones, Jr.
Chairman of the Board
<PAGE>

                                                                    EXHIBIT 32.7

        Certification Pursuant to Section 1350 of Chapter 63 of Title 18
                            of the United States Code

     I, Thomas M. O'Flynn, Chief Financial Officer of PSEG Energy Holdings
L.L.C., to the best of my knowledge, certify that (i) the Quarterly Report of
PSEG Energy Holdings L.L.C. on Form 10-Q for the quarter ended September 30,
2004 (the "Periodic Report") fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the information
contained in the Periodic Report fairly presents, in all material respects, the
financial condition and results of operations of PSEG Energy Holdings L.L.C.


                                    /s/ Thomas M. O'Flynn
                                    --------------------------------------------
                                    Thomas M. O'Flynn
                                    PSEG Energy Holdings L.L.C.
                                    Chief Financial Officer
                                    October 29, 2004
<PAGE>
EXHIBIT 99.5

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Prime Hospitality Corp. (the
"Company") on Form 10-Q for the period ending September 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Douglas W. Vicari, 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; 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/ Douglas W. Vicari
-----------------------


Douglas W. Vicari
Chief Financial Officer
November 12, 2002
<TABLE> <S> <C>


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<RECEIVABLES>                                 204865
<ALLOWANCES>                                       0
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<CURRENT-LIABILITIES>                         623175
<BONDS>                                      1443435
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<INTEREST-EXPENSE>                             38036
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<CHANGES>                                          0
<NET-INCOME>                                  122718
<EPS-PRIMARY>                                   0.07
<EPS-DILUTED>                                   0.07
        


</TABLE>
In the Senate of the United States, 

May 28 (legislative day, May 27), 2021. 

Resolved, That the bill from the House of Representatives (H.R. 711) entitled ‘‘An Act to amend the West Los 

Angeles Leasing Act of 2016 to authorize the use of certain 

funds received pursuant to leases entered into under such 

Act, and for other purposes.’’, do pass with the following 

AMENDMENT: 

At the end, add the following: 

1 SEC. 5. INCLUSION OF ASSESSMENT OF REVENUE EXPENDI2 TURES AND DIRECT BENEFITS TO VETERANS 

3 IN ANNUAL REPORT. 

4 Section 2(j)(2) of the West Los Angeles Leasing Act 

5 of 2016 (Public Law 114–226; 130 Stat. 929) is amended— 

6 (1) in subparagraph (A), by striking ‘‘; and’’ 

7 and inserting a semicolon; 

8 (2) by redesignating subparagraph (B) as sub9 paragraph (C); and 
2 

† HR 711 EAS 

1 (3) by inserting after subparagraph (A) the fol2 lowing new subparagraph (B): 

3 ‘‘(B) an assessment of— 

4 ‘‘(i) the manner in which such revenue 

5 is expended; and 

6 ‘‘(ii) the direct benefits such expendi7 tures provide to veterans; and’’. 

Attest: 

Secretary. 

117TH CONGRESS 

1ST SESSION H.R. 711 

AMENDMENT
[Federal Register Volume 73, Number 174 (Monday, September 8, 2008)]
[Notices]
[Page 52001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20685]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / 
Notices

[[Page 52001]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary


Privacy Act of 1974; Abolish Obsolete System of Records

AGENCY: Office of the Secretary, U.S. Department of Agriculture (USDA).

ACTION: Notice of abolishment for USDA/FS-13 Geometronics Skills 
Inventory record system.

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

SUMMARY: A review of this Privacy Act System of Records has concluded 
that this system is no longer in effect and obsolete. This system is 
being abolished from the Forest Service System of Records in accordance 
with the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: This notice is effective on September 8, 2008.

ADDRESSES: For additional information contact the Director of 
Engineering, 1400 Independence Avenue, SW., Mailstop 1101, Washington, 
DC 20250-1101.

FOR FURTHER INFORMATION CONTACT: Richard W. Sowa, P.E., Director of 
Engineering, Telephone: (703) 605-4646.

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974 (5 U.S.C. 552a), as 
amended, requires that each agency publish a notice of the existence 
and character of each new or altered ``system of records.'' 5 U.S.C. 
552a(a)(5). This notice identifies and abolishes a Forest Service 
discontinued and obsolete system of records. The Forest Service is 
abolishing the following system of records which, upon review, is no 
longer used and is obsolete: USDA/FS-13 Geometronics Skills Inventory. 
The records have been destroyed according to the Federal Records 
Disposal Act of 1943 (44 U.S.C. 366-380) and the Federal Records Act of 
1950, and as designated in the Forest Service Records Management 
Handbook (FSH) 6209.11.

    Dated: August 22, 2008.
Edward T. Schafer,
Secretary.
[FR Doc. E8-20685 Filed 9-5-08; 8:45 am]
BILLING CODE 3410-11-P