alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1541 

KA 07-01840 

PRESENT: SCUDDER, P.J., SMITH, GREEN, PINE, AND GORSKI, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

DONYELL J. MCKENZIE, DEFENDANT-APPELLANT. 

 

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF

COUNSEL), FOR DEFENDANT-APPELLANT. 

DONYELL J. MCKENZIE, DEFENDANT-APPELLANT PRO SE.

MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (JOSEPH D. WALDORF OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Monroe County Court (Frank P.

Geraci, Jr., J.), rendered August 22, 2007. The judgment convicted

defendant, upon a jury verdict, of murder in the second degree. 

It is hereby ORDERED that the judgment so appealed from is

affirmed. 

Memorandum: Defendant appeals from a judgment convicting him

upon a jury verdict of murder in the second degree (Penal Law § 125.25

[1]). Contrary to defendant’s contention, County Court properly

refused to charge the affirmative defense of extreme emotional

disturbance. Such a charge is not appropriate where, as here, the

defendant’s conduct before, during and after the offense is

“inconsistent with the loss of self-control associated with the

defense” (People v Roche, 98 NY2d 70, 77; see People v Smith, 1 NY3d

610, 612). Viewing the evidence in the light most favorable to

defendant, we conclude that there was not the requisite “sufficient

credible evidence . . . presented for the jury to find, by a

preponderance of the evidence, that the elements of the affirmative

defense [had] been established” (People v White, 79 NY2d 900,

902-903), particularly in view of the conflicting reasons given by

defendant for his actions.

Contrary to defendant’s further contention, the sentence is not

unduly harsh or severe.

All concur except PINE, J., who is not participating.

Entered: February 10, 2011 Patricia L. Morgan

Clerk of the Court
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 2Federal Reserve Bank of: New YorkFilings received during the week ending December 1, 2012FilerFiling TypeFiling ProposalEnd of Comment PeriodJPMORGAN CHASE & CO.                                                                                                    InvestmentJPMorgan Chase & Co., New York, New York, provides prior notice to make payments from J.P. Morgan International Finance Limited, Newark, Delaware to its non-cash-settling subsidiaries  pursuant to Section 211.9(f) of Regulation K.Newspaper: Not applicableFederal Register: Not applicableRBC INVESTOR SERVICES BANK S.A.                                                                                         FBSEARBC Investor Services Bank S.A., Esch-sur-Alzette, Luxembourg, to establish a representative office in New York, New York, pursuant to Section 10(a) of the International Banking Act, as amended, and Section 211.4(a)(1) of Regulation K.Newspaper: Not availableFederal Register: Not applicable
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

HONORABLE MARCIA S. KRIEGER

Courtroom Deputy: Patricia Glover Date: September 17, 2012

Court Reporter: Terri Lindblom

Criminal Action No. 11-cr-00355-MSK

Parties: Counsel Appearing:

UNITED STATES OF AMERICA,

Plaintiff,

v.

WAUNITA WEINGART, 

JOHN PHILLIP GALLGEGOS, and

ALOIS CRAIG WEINGART,

Defendants.

Linda Kaufman

Martha Paluch

Martin Stuart

William Taylor

Darlene Bagley (by telephone)

Paula Ray

AMENDED COURTROOM MINUTES

HEARING: Motions

9:11 a.m. Court in session.

Defendants present on bond.

The Court addresses the parties Amended Joint Rule 702 Motion (Doc. #136)

Statements from counsel.

9:41 a.m. Court in recess

9:57 a.m. Court in session

ORDER: Amended Joint Rule 702 Motion (Doc. #136) is DENIED. The filing of a new

joint 702 motion and any responsive briefing will be filed by October 17, 2012. 

Case No. 1:11-cr-00355-MSK Document 149 filed 09/17/12 USDC Colorado pg 1 of 2
Courtroom Minutes

Judge Marcia S. Krieger

Page 2

The hearing is set on November 27, 2012 at 9:00 a.m., in Courtroom A901, 901

19th Street and may, if necessary, continue on November 28, 2012.

ORDER: Bond is continued.

10:03 a.m. Court in recess.

Total Time: 36 minutes.

Hearing concluded.

Case No. 1:11-cr-00355-MSK Document 149 filed 09/17/12 USDC Colorado pg 2 of 2
<PAGE>   1
Exhibit 10.24

                     Schedule to Form of First Amendment to
                       Working Capital Assurance Agreement
<TABLE>
<CAPTION>
Landlord                          Property                   Equity
                                                             Loan
<S>                              <C>                       <C>
Pennsylvania BCC Properties,      Lebanon, Pennyslvania      $686,800.00
Inc.

Pennsylvania BCC Properties,      Williamsport,              $674,050.00
Inc.                              Pennsylvania

HCN BCC Holdings, Inc.            Sagamore Hills, Ohio       $1,243,550.00


HCN BCC Holdings, Inc.            Westerville, Ohio          $1,313,675.00


HCN BCC Holdings, Inc.            Morristown, Tennessee      $692,000.00


HCN BCC Holdings, Inc.            Oak Ridge, Tennessee       $697,948.00


<CAPTION>
Landlord                           Unit    Bed    State of Incorporation   Tenant
<S>                                <C>      <C>    <C>                      <C>
Pennsylvania BCC Properties,         60      66     Pennsylvania             Financial Care Investors of Lebanon,
Inc.                                                                         L.L.C.

Pennsylvania BCC Properties,         60      66     Pennsylvania             Financial Care Investors of Loyalsock,
Inc.                                                                         L.L.C.

HCN BCC Holdings, Inc.              103     105     Delaware                 Financial Care Investors of Sagamore
                                                                             Hills, L.L.C.

HCN BCC Holdings, Inc.              106     106     Delaware                 Financial Care Investors of Westerville,
                                                                             L.L.C.

HCN BCC Holdings, Inc.               60      66     Delaware                 Financial Care Investors of Morristown,
                                                                             L.L.C.

HCN BCC Holdings, Inc.               60      66     Delaware                 Financial Care Investors of Oak Ridge,
                                                                             L.L.C.

</TABLE>
<PAGE>   2
Property                          Facility

Lebanon, Pennyslvania             Personal Care

Williamsport, Pennsylvania        Personal Care

Sagamore Hills, Ohio              Residential Care

Westerville, Ohio                 Residential Care

Morristown, Tennessee             Assisted-Care Living

Oak Ridge, Tennessee              Assisted-Care Living
|Effective August 8, 2000, several changes are being made to the G.13 release:
Rates for fixed-rate payers in interest rate swaps, as collected under the auspices of the International Swaps and Derivatives Association, Inc., are being added.  These swap rates are for maturities of 1, 2, 3, 4, 5, 7, 10, and 30 years.No longer appearing on the release are auction highs for 3-month, 6-month, and 1-year Treasury bills.  These figures continue to be available from the Treasury's website. Also being dropped is the Treasury composite (an unweighted average of yields on all outstanding bonds neither due nor callable in less than 10 years).Finally, the G.13 no longer contains rates for 3-month and 6-month bankers acceptances.  The quotes continue to be available on Telerate, which was the source for these rates as reported on the G.13.
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Release dates

Statistical releases

---

Home Economic research and data  Accessibility Contact Us  Last update: July 10, 2002
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

National Pasteurized Eggs, LLC

v. Case No. 07-cv-103-PB

L. John Davidson

O R D E R

I agree with the defendant that the complaint does not

allege facts that bring this matter within the subject matter

jurisdiction of the federal courts. The complaint turns

exclusively on the effect under state law of assignments made in

the Global Settlement Memorandum entered into on September 20,

2001. Thus, the case does not arise under patent law. See Jim

Arnold Corp. v. Hydrotech Sys., Inc., 109 F.3d 1567, 1575 (Fed.

Cir. 1997); Gianelli v. Chirkes, 377 F. Supp. 2d 49, 52-53

(D.D.C. 2005). The Bankruptcy Court’s Sale Order issued on July

25, 2003, expressly leaves unresolved the competing claims of

ownership to the patents that are the subject of the present

dispute. Thus, plaintiff cannot credibly claim that the court

has jurisdiction because the action arises under the Sale Order. 

Finally, the fact that the defendant once brought suit in federal

court against the plaintiff based on the same underlying facts

Case 1:07-cv-00103-JL Document 29 Filed 05/07/08 Page 1 of 2
-2-

does not alter my determination that the current action does not 

arise under federal law. Accordingly, the court does not have

subject matter jurisdiction under either 28 U.S.C. § 1331 or 28

U.S.C. § 1338(a). 

The complaint in its present form does not allege sufficient

facts to permit a finding of diversity of citizenship

jurisdiction. Unless an amended complaint is filed within 10

days of the date of this order that properly alleges diversity

citizenship jurisdiction, the existing complaint shall be

dismissed without prejudice. The motion for partial summary

judgment (Doc. No. 20) is denied without prejudice. Any

challenge to the court’s subject matter jurisdiction over the

amended complaint shall be filed within 10 days of the filing of

the amended complaint. A renewed motion for summary judgment may

be filed within 30 days after any new challenge to the court’s

subject matter jurisdiction is resolved. 

SO ORDERED.

/s/Paul Barbadoro

Paul Barbadoro

United States District Judge

May 7, 2008

cc: Peter G. Callaghan, Esq.

Steven M. Latici, Esq.

D. William Toone, Esq.

Case 1:07-cv-00103-JL Document 29 Filed 05/07/08 Page 2 of 2
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

 v. Case No. 07-cr-200-01-SM

Kanhnha Sao

O R D E R

Defendant's assented-to motion to continue the trial (document no. 14) is granted.

Trial has been rescheduled for the October 2008 trial period. Defendant shall file a

Waiver of Speedy Trial Rights not later than May 8, 2008. On the filing of such waiver,

her continuance shall be effective.

The court finds that the ends of justice served by granting a continuance outweigh

the best interest of the public and the defendant in a speedy trial, 18 U.S.C. §

3161(h)(8)(B)(iv), in that failure to grant a continuance would unreasonably deny the

defendant the reasonable time necessary for effective preparation taking into account

Case 1:07-cr-00200-SM Document 15 Filed 05/01/08 Page 1 of 2
2

the exercise of due diligence under the circumstances.

Final Pretrial Conference: September 26, 2008 at 1:30 PM

Jury Selection: October 7, 2008 at 9:30 AM

SO ORDERED.

May 1, 2008 _________________________

Steven J. McAuliffe

Chief Judge

cc: Donald Feith, Esq.

 James Gleason, Esq. 

 U. S. Probation

 U. S. Marshal

Case 1:07-cr-00200-SM Document 15 Filed 05/01/08 Page 2 of 2
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 0598

_____________________________ S ELVIN E. S HAW , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for L eon County

. Robert R. Wheeler , Judge

. January 30, 2019

P ER C URIAM

.
A FFIRMED

. W OLF , L EWIS , and W ETHERELL , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Selvin E. Shaw, pro se
, Appellant.

Ashley B

. Moody , Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee
, for Appellee.
UNITED STATES DISTRICT COURT 

DISTRICT OF NEW HAMPSHIRE

United States of Amercia

v. Criminal No. 09-cr-39-01-SM

Salvador Williams

ORDER

Re: Document No. 47

Ruling: Denied without prejudice to renewing after sufficient

time has been invested to adequately determine whether, in fact, an

irremediable breakdown in the relationship has occurred. The

allegations in this motion disclose only defendant’s

dissatisfaction with a nature of the advice given or representation

provided - but the applicable test for substituting appointed

counsel is not merely defendant’s preference, but rather a genuine

need. Attorney Glidden is both competent and experienced, nothing

in this pleading suggests in effective assistance. So ordered. 

Steven J. McAuliffe

Chief Judge

Date: June 25, 2009

cc: Counsel of Record

 Salvador Williams

Case 1:09-cr-00039-SM Document 48 Filed 06/25/09 Page 1 of 1
B.9. Number of Agricultural Bank Failures
____________________________________________________________________________________

Year                       Q1          Q2           Q3            Q4           Total
____________________________________________________________________________________

1987......    |            22          19            12            16             69
1988......    |            11           6            12             7             36
1989......    |             5           7             5             5             22
1990......    |             3           5             6             3             17
1991......    |             2           2             3             1              8
1992......    |             1           1             1             4              7
1993......    |             1           2             2             0              5
1994......    |             0           0             0             0              0
1995......    |             0           0             0             0              0
1996......    |             0           2             0             0              2
1997......    |             0           0             0             1              1
1998......    |             0           0             1             0              1
1999......    |             0           1             0             0              1
2000......    |             0           0             0             0              0
2001......    |             0           0             0             0              0
2002......    |             1           0             0             1              2
2003......    |             0           1             0             0              1
2004......    |             0           1             0             0              1
2005......    |             0           0             0             0              0
2006......    |             0           0             0             0              0
2007......    |             0           0             0             0              0
2008......    |             1           0          n.a.          n.a.           n.a.
____________________________________________________________________________________
   Note. Data exclude banks assisted to prevent failure.  Industrial banks and
mutual savings banks also are excluded.  Agricultural banks are defined in the
introduction to section B.
   n.a. Not available.

29
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 7Federal Reserve Bank of: ChicagoFilings received during the week ending April 11, 2015FilerFiling TypeFiling ProposalEnd of Comment Period1ST SOURCE BANK                                                                                                         * Branch1st Source Bank, South Bend, Indiana, to establish a branch at 555 East Jackson Boulevard, Elkhart, Indiana.Newspaper: 04/06/2015Federal Register: Not applicableFIRST INDEPENDENCE CORPORATION                                                                                          CICGregory Jackson, Detroit, Michigan, individually, and together as a group acting in concert with Roy S. Roberts, Bloomfield Hills, Michigan, to acquire 25 percent or more of the voting shares of First Independence Corporation, Detroit, Michigan, and thereby indirectly acquire control of First Independence Bank, Detroit, Michigan.Newspaper: Not availableFederal Register: 01/02/2015FORESIGHT FINANCIAL GROUP, INC.                                                                                         * 3A3Foresight Financial Group, Inc., Rockford, Illinois, to acquire 100 percent of the voting shares of the State Bank of Herscher, Herscher, Illinois.Newspaper: Not availableFederal Register: 04/30/2015HORIZON BANCORP                                                                                                         * 18C
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 8Federal Reserve Bank of: St. LouisFilings received during the week ending July 17, 2010FilerFiling TypeFiling ProposalEnd of Comment PeriodNONE
[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Notices]
[Pages 57145-57146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23126]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV912-1640-PH-006F; 08-08807; TAS: 14X1109]


Notice of Public Meeting: Sierra Front-Northwestern Great Basin 
Resource Advisory Council, Northeastern Great Basin Resource Advisory 
Council, and Mojave-Southern Great Basin Resource Advisory Council, 
Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Combined Resource Advisory Council Meeting.

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

SUMMARY: In accordance with the Federal Land Policy and Management

[[Page 57146]]

Act and the Federal Advisory Committee Act of 1972 (FACA), the 
Department of the Interior, Bureau of Land Management (BLM) Nevada's 
three Resource Advisory Council will hold a joint meeting.

DATES: Thursday, November 13, 2008, from 8 a.m. to 5 p.m., and Friday, 
November 14, 2008, from 8 a.m. to 12 p.m., at the Gold Coast Hotel-
Casino, 4000 W. Flamingo Road, Las Vegas, Nevada.

FOR FURTHER INFORMATION CONTACT: Rochelle Ocava (775) 861-6588 or 
<a href="/cdn-cgi/l/email-protection#b3e1dcd0dbd6dfdfd6ecfcd0d2c5d2f3d1dfde9dd4dcc5"><span class="__cf_email__" data-cfemail="0c5e636f646960606953436f6d7a6d4c6e6061226b637a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The three 15-member Nevada Councils advise 
the Secretary of the Interior, through the BLM Nevada State Director, 
on a variety of planning and management issues associated with public 
land management in Nevada. Agenda topics include a presentation and 
discussion of accomplishments during 2008 and the outlook for 2009 for 
the BLM in Nevada; opening remarks and closeout reports of the three 
Resource Advisory Councils (RACs); breakout meetings of each group 
category; breakout meetings of the three RACs; discussion of a 
recreation subgroup of the existing RACs; and setting of schedules for 
meetings of the individual RACs for the coming year. An agenda will be 
available 30 days prior to the meeting at http://www.blm.gov/nv. All 
meetings are open to the public. The public may present written 
comments to the three RAC groups or the individual RACs. The public 
comment period for the Council meeting will be at 3 p.m. on Thursday, 
November 13. Individuals who plan to attend and need further 
information about the meeting or need special assistance such as sign 
language interpretation or other reasonable accommodations should 
contact Rochelle Ocava.

    Dated: September 23, 2008.
Ron Wenker,
State Director, Nevada.
[FR Doc. E8-23126 Filed 9-30-08; 8:45 am]
BILLING CODE 4310-HC-P


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</html>
H. Res. 975 

In the House of Representatives, U. S., 

February 12, 2008. 

Resolved, That the House has heard with profound sorrow of the death of the Honorable Tom Lantos, a Representative from the State of California. 

Resolved, That a committee of such Members of the 

House as the Speaker may designate, together with such 

Members of the Senate as may be joined, be appointed to attend the funeral. 

Resolved, That the Sergeant-at-Arms of the House be 

authorized and directed to take such steps as may be necessary for carrying out the provisions of these resolutions and 

that the necessary expenses in connection therewith be paid 

out of applicable accounts of the House. 

Resolved, That the Clerk communicate these resolutions 

to the Senate and transmit a copy thereof to the family of 

the deceased. 
2 

•HRES 975 EH 

Resolved, That when the House adjourns today, it adjourn as a further mark of respect to the memory of the deceased. 

Attest: 

Clerk.
UNITED STATES DISTRICT COi}RT`J

FOR THE

DISTRICT OF NEW HAW94I~1 5 1

Metropolitan Life Insurance Company §

PlaintifJ; §

§

v. § Civil Action No. 1 :08-cv-00248-JL

§

Judith A. Hanson, Janet M. Clauser, §

Christina L. Hogan, William S . Hanson, and §

Jill E. Hanson, §

Defendants. §

ORDER ON MOTION FOR DEPOSIT OF FUNDS INTO COURT REGISTRY

LzwOi/~d

9114A9Y 6fk1116,PL1 L

Cnxad, N.H.099@

Upon consideration of interpleader plaintiff Metropolitan Life Insurance Company's

("MetLife") motion for deposit of funds into court registry, it is hereby ordered that MetLife may

tender the sum of $148,480, plus applicable accumulated interest as of the date of the Court's

order, if any, to the Court for deposit with the Court Registry Investment System, where such

amount shall remain pending further order of the Court. Upon such payment MetLife is released

and discharged from further attendance upon this cause and MetLife, General Electric Company,

(~rt~e/Ir+t 6deyL~fj :l~ Ork~ Owly ~1 ei ~n[7Uc

and its employee bene fit plans are released from any and all liability of any kind or nature

w atso nce roc eds. ~~ '~

Lt-S /CGJ'~ <7D /~

DATED: November L4, 2008

Icafzm v i 1

Case 1:08-cv-00248-JL Document 21 Filed 11/21/08 Page 1 of 1