alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Deborah Miller, Respondent, v Allan B. Miller, Appellant.

[807 NYS2d 632]

*538In an action for a divorce and ancillary relief, the defendant appeals from so much of an amended judgment of the Supreme Court, Suffolk County (Kent, J.), entered June 15, 2004, as, upon remittitur *(see Miller v Miller,*299 AD2d 463 [2002]), and upon recalculating his child support arrears retroactive to June 25, 1998, and crediting him for payments attributable to child support he made pursuant to the pendente lite order dated October 19, 1999, awarded retroactive child support to the plaintiff in the sum of $43,022.94.

Ordered that the amended judgment is modified, on the law and the facts, by deleting the provision thereof awarding child support arrears in the sum of $43,022.94 and substituting therefor a provision awarding child support arrears in the sum of $29,352.51; as so modified, the amended judgment is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court providently exercised its discretion in allocating one half of the carrying costs for the marital home paid by the defendant towards his child support obligation and one half of the carrying costs towards maintenance *(see Stern v Stern,*273 AD2d 298, 299 [2000]; *Crane v Crane,*264 AD2d 749, 752 [1999]).

However, in calculating child support arrears, the Supreme Court erred in failing to credit the defendant with one half of the carrying costs for the marital home and related expenses paid during the period between the commencement of the action on June 25, 1998, and June 22, 1999, the date when the defendant became obligated to pay the carrying costs pursuant to the pendente lite order dated October 15, 1999, particularly as the amended judgment of divorce awarded the plaintiff child support retroactive to the commencement of the action, when such relief was initially requested *(see Mellen v Mellen,*260 AD2d 609, 610 [1999]; *Pascale v Pascale,*226 AD2d 439, 440 [1996]). Since it is uncontested on appeal that the documented payments made after the commencement date and prior to the pendente lite award totaled $27,340.85, the defendant was entitled to an additional credit against child support arrears of one half of that amount, i.e., $13,670.43, thereby reducing total arrears from the sum of $43,022.94 to the sum of $29,352.51 *(see Grossman v Merke-Grossman,*248 AD2d 670, 671 [1998]; *Southwick v Southwick,*214 AD2d 987 [1995]; *Kessinger v Kessinger,*202 AD2d 752, 753 [1994]).

The defendant’s remaining contentions are without merit. Florio, J.P., H. Miller, Spolzino and Dillon, JJ., concur.
**Exhibit 10.1.4**

 

**Exhibit A**

**SCHEDULE OF PARTNERS,**

**ALLOCATION OF PARTNERSHIP UNITS, PERCENTAGEINTERESTS**

**AND THE AGREED UPON VALUE OF NON-CASHINTERCOMPANY ADVANCES**

 
| **Date Admitted** | ** ** | **Name and address of partners**                          | ** ** | **Value of  non-cash  intercompany  advance** | ** ** | **Partnership  units issued** | ** ** | **Approx.  Percentage  Interests** | ** ** | **Federal ID #** | ** ** |
|------------------------|------------|-------------------------------------------------------------------------------|------------|----------------------------------------------------|------------|------------------------------------|------------|------------------------------------|------------|----------------------------|------------|
| 05/22/1998(1)          |       | Eagle Ridge  Resort LLC  37 West 57th Street,  12th Floor  New York, NY 10019 |       | $                                                  | 1,198,750  |                               | 35,794     |                               | 0.49       | %                          | 52-2099405 |   |
| 02/04/1997             |       | GTA LP, Inc.  14 North Adger’s Wharf  Charleston, SC 29401               |       | $                                                  | —     |                               | 7,302,479  |                               | 99.31      | %                          | 58-2290326 |   |
| 02/04/1997             |       | GTA GP, Inc.  14 North Adger’s Wharf  Charleston, SC 29401               |       | $                                                  | —     |                               | 14,684     |                               | 0.20       | %                          | 58-2290217 |   |
| Total Common OP Units  |       |                                                                          |       |                                               |       | 7,352,957                          |       | 100.00                             | %          |                       |       |
|                   |       | GTA LP, Inc.  10 North Adger’s Wharf  Charleston, SC 29401               |       | $                                                  | 20,000,000 |                               | 800,000    |                               | 100        | %                          |       |   |

 

----

(1)  transferred from Eagle RidgeLease Company, LLC to current holder effective April 1, 2004.

 

----
Exhibit 32.0

                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 Bizcom U.S.A., Inc. (the "Company")
on Form 10-QSB for the period ending March 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Hanan Klein, Chief
Executive Officer, President, Principal Executive, Financial and Accounting
Officer, Secretary and Chairman of the Board of Directors, certify, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 the
Company.

Date:  December 10, 2004

                                           /s/ Hanan Klein
                                           -----------------------------------
                                           Hanan Klein
                                           Chief Executive Officer, President,
                                           Principal Executive, Financial and
                                           Accounting Officer, Secretary and
                                           Chairman of the Board of Directors
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Action No. 11-cr-355-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WAUNITA WEINGART,

2. JOHN PHILLIP GALLEGOS,

3. ALOIS CRAIG WEINGART,

Defendants.

 

NOTICE OF ATTORNEY APPEARANCE

 

Comes now, Assistant United States Attorney Martha A. Paluch, through John F.

Walsh, United States Attorney for the District of Colorado, and hereby enters her

appearance as plaintiff’s co-counsel in this matter.

Respectfully submitted this 2nd day of August, 2012.

JOHN F. WALSH

United States Attorney

By: s/ Martha A. Paluch 

Martha A. Paluch

Assistant United States Attorney

1225 Seventeenth Street, Suite 700

Denver, Colorado 80202

Telephone: (303) 454-0100

Facsimile: (303) 454-0404

E-mail: Martha.Paluch@usdoj.gov

Case No. 1:11-cr-00355-MSK Document 114 filed 08/02/12 USDC Colorado pg 1 of 2
CERTIFICATE OF SERVICE

I certify that on this 2 day of August, 2012, I electronically filed the foregoing nd

NOTICE OF ATTORNEY APPEARANCE with the Clerk of the Court using the CM/ECF

system which will send notification of such filing to the following e-mail addresses:

Martin Adam Stuart

E-mail: martinstuartlaw@solucian.com

William Lewis Taylor

E-mail: wltaylorpc@gmail.com

Paula M. Ray

E-mail: paulamray@earthlnk.net

 

By: s/ Solange Reigel 

SOLANGE REIGEL

Legal Assistant

United States Attorney’s Office

1225 - 17 Street, Suite 700 th

Denver, CO 80202

Telephone: (303) 454-0244

Fax: (303) 454-0402

E-mail: solange.reigel@usdoj.gov

 

Case No. 1:11-cr-00355-MSK Document 114 filed 08/02/12 USDC Colorado pg 2 of 2
#### Brauner Baron Rosenzweig & Klein, LLP, Appellant, v Samuel Roth, Respondent.

[805 NYS2d 829]

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered April 22, 2005, which denied plaintiffs motion for partial summary judgment on its cause of action for an account stated, unanimously affirmed, without costs.

The record discloses factual issues as to whether there was any underlying relationship between the parties pursuant to which defendant was obligated to pay the legal fees at issue. We note that no written retainer or fee agreement was submitted by plaintiff and it appears that most of the services for which payment is sought by plaintiff were rendered on behalf of a cli*334ent other than defendant (see *Leboeuf, Lamb, Greene & MacRae, L.L.P. v Worsham,*185 F3d 61 [1999]; *Cadwalader, Wickersham & Taft v Klear,*303 AD2d 204 [2003]). Concur— Tom, J.P., Andrias, Gonzalez and Sweeny, JJ.
```

[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Notices]
[Pages 56851-56852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22895]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

Eunice Kennedy Shriver National Institute of Child Health & Human 
Development; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as

[[Page 56852]]

amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development Special Emphasis Panel; Gender Youth and HIV RFA
    Date: October 23-24, 2008.
    Time: 8 a.m. to 6 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Doubletree Hotel, Washington, DC 20005.
    Contact Person: Carla T. Walls, PhD, Scientific Review 
Administrator, Division of Scientific Review, National Institute of 
Child Health and Human Development, NIH, 6100 Executive Blvd., Room 
5B01, Bethesda, MD 20892, (301) 435-6898, [email protected].

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research; 93.209, 
Contraception and Infertility Loan Repayment Program, National 
Institutes of Health, HHS)

    Dated: September 18, 2008.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E8-22895 Filed 9-29-08; 8:45 am]
BILLING CODE 4140-01-P
```
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No. 08-cr-60-01-JD

Brooks Wallace

O R D E R

The assented to motion to reschedule jury trial (document no.

19) filed by defendant is granted. Trial is continued to August 5,

2008, at 9:30.

Defendant shall file a waiver of speedy trial rights within 10

days. 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), for the

reasons set forth in the motion.

SO ORDERED.

/s/Joseph A. DiClerico, Jr.

Joseph A. DiClerico, Jr.

United States District Judge

Date: July 4, 2008

cc: Robert J. Veiga, Esq.

Jorel V. Booker, Esq.

U.S. Marshal

U.S. Probation

Case 1:08-cr-00060-JD Document 20 Filed 07/04/08 Page 1 of 1
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: 3Federal Reserve Bank of: PhiladelphiaFilings received during the week ending December 7, 2013FilerFiling TypeFiling ProposalEnd of Comment PeriodCLIFTON MHC                                                                                                             * SLHC Formation
<PAGE>

                                                                    Exhibit 32.1

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

         In connection with the Quarterly Report of Vita Food Products, Inc.
(the "Company") on Form 10-Q for the fiscal quarter ended September 30, 2003, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned, in the capacity and on the date indicated below,
hereby certifies 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.

Date: November 14, 2003                  /s/ Stephen D. Rubin
                                         -----------------------------------
                                                  Stephen D. Rubin,
                                                      President
                                            (Principal Executive Officer)
Case No. 1:11-cr-00355-MSK Document 161-15 filed 10/17/12 USDC Colorado pg 1 of 11
Case No. 1:11-cr-00355-MSK Document 161-15 filed 10/17/12 USDC Colorado pg 2 of 11
Case No. 1:11-cr-00355-MSK Document 161-15 filed 10/17/12 USDC Colorado pg 3 of 11
Case No. 1:11-cr-00355-MSK Document 161-15 filed 10/17/12 USDC Colorado pg 4 of 11
Case No. 1:11-cr-00355-MSK Document 161-15 filed 10/17/12 USDC Colorado pg 5 of 11
Case No. 1:11-cr-00355-MSK Document 161-15 filed 10/17/12 USDC Colorado pg 6 of 11
Case No. 1:11-cr-00355-MSK Document 161-15 filed 10/17/12 USDC Colorado pg 7 of 11
Case No. 1:11-cr-00355-MSK Document 161-15 filed 10/17/12 USDC Colorado pg 8 of 11
Case No. 1:11-cr-00355-MSK Document 161-15 filed 10/17/12 USDC Colorado pg 9 of 11
Case No. 1:11-cr-00355-MSK Document 161-15 filed 10/17/12 USDC Colorado pg 10 of

11
Case No. 1:11-cr-00355-MSK Document 161-15 filed 10/17/12 USDC Colorado pg 11 of

11
IN THE SUPREME COURT OF THE STATE OF DELAWARE

MARTIN T. KNIGHT, § § No. 193, 2016 Plaintiff Below, § Appellant, § Court Below: Court of Chancery § of the State of Delaware v. § § C.A. No. 11355 UPHAM DOWNS H.C., INC., § PETER S. MILLER, AND F. GRIER § WAKEFIELD, JR., § § Defendants Below, § Appellees. §

Submitted: October 19, 2016 Decided: November 2, 2016

Before VALIHURA

, VAUGHN , and SEITZ , Justices.

ORDER

This 2 nd day of November, 2016, after careful consideration of the parties’

briefs and the record on appeal, we find it evident that the final judgment of the

Court of Chancery should be affirmed on the basis o f the court’s order dated April

4, 2016.

NOW, THEREFORE, IT IS ORDERED that the final judgm ent of the

Court of Chancery is AFFIRMED.

BY THE COURT:

/s/ Collins J. Seitz, Jr.
Justice
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONDENSED 
CONSOLIDATED STATEMENTS OF OPERATIONS AND THE CONDENSED CONSOLIDATED BALANCE 
SHEET AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH DECEMBER 1997 10Q
</LEGEND> 
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         405,430
<SECURITIES>                                         0
<RECEIVABLES>                                  321,699
<ALLOWANCES>                                         0
<INVENTORY>                                    452,733
<CURRENT-ASSETS>                             1,606,174
<PP&E>                                      21,914,960
<DEPRECIATION>                                 185,026
<TOTAL-ASSETS>                              26,687,304
<CURRENT-LIABILITIES>                        1,360,938
<BONDS>                                      4,464,710
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    21,190,857
<OTHER-SE>                                  (3,467,703)
<TOTAL-LIABILITY-AND-EQUITY>                26,687,304
<SALES>                                        974,392
<TOTAL-REVENUES>                               974,392
<CGS>                                          593,118
<TOTAL-COSTS>                                1,341,143
<OTHER-EXPENSES>                                60,668 
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              76,948
<INCOME-PRETAX>                               (427,419)
<INCOME-TAX>                                   153,871
<INCOME-CONTINUING>                           (273,548)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (273,548)
<EPS-PRIMARY>                                     (.02)
<EPS-DILUTED>                                        0
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 23
- 0327 STATE OF MONTANA,

Plaintiff and Appellee, v. STEVEN ERIC WALKS,

Defendant and Appellant
.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including June 3 , 2024 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

April 24 2024

04/24/2024

Case Number: DA 23-0327
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-549
In Re: WILLIE JAMES MURPHY, JR., a/k/a Jerry Robinson, Petitioner.

On Petition for Writ of Mandamus. (CR-91-277-2) Submitted: July 25, 1996 Decided: August 12, 1996 Before LUTTIG and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Willie James Murphy, Jr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Willie James Murphy filed this petition for a writ of mandamus asking the court to compel the district court to grant his Motion to Have the DEA/Government Reveal the Procedures Used in Testing Substances Seized from Defendant and Supply Sample for Chemical Analysis. However, mandamus is not a substitute for appeal. In re United Steelworkers , 595 F.2d 958, 960 (4th Cir. 1979). Murphycould have challenged the district court's order by way of an appeal. Therefore, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. We dispense withoral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED
Exhibit 10.5(a)  


        SECOND AMENDMENT

TO THE

AMENDED AND RESTATED AGREEMENT

FOR CRS ACCESS AND RELATED SERVICES  


This SECOND AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR CRS ACCESS AND RELATED SERVICES (this "Amendment"), dated as of January 28, 2004 ("Amendment Effective
Date"), is between Worldspan, L.P., a Delaware limited partnership, ("Worldspan") and Orbitz, LLC, a Delaware limited liability company ("Orbitz"). 


WHEREAS,
Orbitz and Worldspan entered into that certain Amended and Restated Agreement for CRS Access and Related Services dated as of November 1, 2001 and as amended effective as of
December 13, 2002 and December 23, 2002 ("Agreement"); and 


WHEREAS,
Orbitz and Worldspan desire to amend the Agreement as set forth herein; 


NOW,
THEREFORE, Orbitz and Worldspan hereby agree to amend the Agreement as follows: 


	1.
	Section 5.3
of the Agreement is hereby amended by adding the following sentence to the end of said section: 



"Worldspan
will provide weekly booking segment data to Orbitz effective with the week commencing on February 15, 2004, subject to the Parties' mutual agreement on the content of the data and
subject to the data being reconciled at the end of each calendar month." 



	2.
	The
definition of Material Service Level Failure in Paragraph 26(a) of Schedule A of the Agreement is amended to provide as follows: 





"(a)
The Monthly System Availability of the Worldspan System is below [***]% for any [***] calendar months in any period of
[***] consecutive calendar months during the Term of this Agreement." 



	3.
	This
Amendment shall be construed in connection with and as part of the Agreement, and except as expressly modified above, all of the provisions of the Agreement are hereby ratified
and shall be and remain in full force and effect.



	4.
	This
Amendment may be executed in multiple counterparts, each of which will be an original and all of which will constitute one and the same instrument.



	5.
	Any
and all notices, requests, orders and other instruments executed and delivered after the execution of this Amendment may refer to the Agreement without making specific reference to
this Amendment but nevertheless all such references shall be deemed to include this Amendment unless the context otherwise requires. 




IN
WITNESS WHEREOF, each of Orbitz and Worldspan has caused this Amendment to be executed by its duly authorized representative as of the date first above written. 



	Orbitz, LLC	 	Worldspan, L.P.
	

By:	
 	

/s/  GARY DOERNHOEFER      
	
 	

By:	
 	

/s/  R. GANGWAL      

	

Title:	
 	

V.P. & GENERAL COUNSEL
	
 	

Title:	
 	

CHAIRMAN, PRESIDENT &
 CHIEF EXECUTIVE OFFICER






	***
	Certain
information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
**Exhibit 23.1**


**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**


To
      the
      Board of Directors and Stockholders of


Cosmo
      Communications Corporation





We
      hereby
      consent to the use of our report dated June 3, 2005, except for Note 3, as
      to
      which the date is June 26, 2006, relating to the consolidated financial
      statements of Cosmo Communications Corporation as of March 31, 2005 and 2004,
      and for each of the years then ended, which appears in the Annual Report on
      Form
      10-K of Cosmo Communications Corporation for the year ended March 31,
      2006.





/s/
      SF
      Partnership, LLP


Toronto,
      Canada


August
      4,
      2006