alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
|   | 1. | Amendment No.1 to the Quarterly      Report on Form 10-Q of the Company for the quarter ended March 31, 2010      (the "Report") fully complies with the requirements of Section 13(a) or      15(d) of the Securities Exchange Act of 1934 (U.S.C. 78m or 78o(d));      and |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 2. | the information contained in the      Report fairly presents, in all material respects, the financial condition      and results of operations of theCompany. |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------|

| BY:    | /s/      John Lackland             |   |
|--------|------------------------------------|--------|
|   | John      Lackland                 |   |
|   | Chief      Financial Officer       |   |
|   | (principal      financial officer) |   |

----
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: 6Federal Reserve Bank of: AtlantaFilings received during the week ending April 27, 2019FilerFiling TypeFiling ProposalEnd of Comment PeriodNONE
SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-1744-17T1

DESTINY DICKENS, an infant,

by her Guardian Ad Litem, 

YVONE SMITH, and YVONE 

SMITH, individually,

Plaintiffs-Respondents,

v.

IRVINGTON BOARD OF

EDUCATION,

Defendant-Appellant,

and

DEREK STRONG,

Defendant.

_____________________________

Submitted November 29, 2018 – Decided

Before Judges O'Connor and Whipple.

On appeal from Superior Court of New Jersey, Law 

Division, Essex County, Docket No. L-6221-15.

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the 

internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

March 28, 2019
2

A-1744-17T1

Hunt, Hamlin & Ridley, Mauro, Lilling, Naparty, 

LLP, and Porzio, Bromberg & Newman, PC, attorneys 

for appellant (Caryn L. Lilling, of counsel and on the 

brief).

Kirsch, Gelband & Stone, attorneys for respondent 

(Gregg Alan Stone, of counsel and on the brief; 

Ronald J. Morgan, on the brief).

PER CURIAM

The court being advised by the parties in the above matter that the issues 

in dispute have been amicably resolved, the appeal is accordingly dismissed with 

prejudice and without costs to either party.
#### Mary P. BLUE, Appellant, v. Archie D. BLUE, Appellee.

Supreme Court of Florida. Special Division A.

March 9, 1955.

PER CURIAM.

Affirmed.
#### The People of the State of New York, Respondent, v Felix Encarnacion, Appellant.

[809 NYS2d 12]

Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered November 7, 2003, as amended November 25, 2003, convicting defendant, after a jury trial, of rape in the first degree (seven counts), sodomy in the first degree, rape in the second degree (six counts), sodomy in the second degree, and endangering the welfare of a child (two counts), and sentencing him to an aggregate term of 40 years, unanimously modified, on the law, to the extent of vacating the sentences for the convictions of rape in the second degree and sodomy in the second degree, and remanding the matter to Supreme Court for resentencing on those convictions, and otherwise affirmed.

The court properly permitted one of the victims to testify that defendant showed her a gun and said he would kill anyone who “messfed] with him.” The testimony was relevant to the forcible compulsion element of first-degree rape and first-degree sodomy *(see*Penal Law § 130.35 [1]; § 130.50 [1]). Although the People had other evidence of forcible compulsion, they “were not bound to stop after presenting minimum evidence but could go on and present all the admissible evidence available to them” *(People v Alvino,*71 NY2d 233, 245 [1987]). Because the testimony about the gun had “a bearing upon a material aspect of the People’s case other than the accused’s general propensity toward criminality, . . . the probative value of the evidence justifie[d] its admission, notwithstanding the potential for, incidental prejudice” *(People v Santarelli,*49 NY2d 241, 247 [1980]).

There is no merit to defendant’s contention that the People violated *Brady v Maryland*(373 US 83 [1963]; *see People v Arredondo,*226 AD2d 322 [1996], *lv denied*88 NY2d 964 [1996]; *People v Graham,*117 AD2d 832, 833-834 [1986]).

As the People concede, when the court resentenced defendant with respect to certain convictions in order to correct an illegality, it should not have done so in defendant’s absence *(see*CPL 380.40 [1], 380.50 [1]; *People v Green,*54 NY2d 878 [1981]). However, we perceive no basis for reducing any of defendant’s sentences. Concur—Saxe, J.P., Marlow, Williams, Catterson and Malone, JJ.
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 06-cr-100-01-PB

Richard Hamilton

O R D E R

The defendant, through counsel, has moved to continue the

July 6, 2006 trial in the above case, citing the need for

additional time to complete discovery and prepare a defense. 

The government does not object to a continuance of the trial

date.

Accordingly, in order to allow the parties additional time

to negotiate a plea agreement or properly prepare for trial, the

court will continue the trial from July 6, 2006 to October 3,

2006. In agreeing to continue the trial, the court finds

pursuant to 18 U.S.C.A. § 3161(h)(8)(A) that for the above-stated

reasons, the ends of justice served in granting a continuance

outweigh the best interests of the public and the defendant in a

speedy trial.

Case 1:06-cr-00100-PB Document 8 Filed 06/22/06 Page 1 of 2
2

The June 26, 2006 final pretrial conference is continued 

until September 27, 2006 at 4:30 p.m.

SO ORDERED.

/s/Paul Barbadoro 

Paul Barbadoro

United States District Judge

June 22, 2006

cc: Michael Ramsdell, Esq.

Jennifer Cole Davis, Esq.

United States Probation

United States Marshal

Case 1:06-cr-00100-PB Document 8 Filed 06/22/06 Page 2 of 2
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

v. 08-cr-76-01-PB

Michael W. Horrigan

O R D E R

Defendant appeared for a bail revocation hearing pursuant to

18 U.S.C. § 3148. Defendant violated a number of rules of

conduct at Phoenix House and has been discharged from the

program. The escalating violations of rules has convinced

experienced drug counselors and Probation Officers that defendant

is slipping into old habits. For that reason, I find that there

is not clear and convincing evidence that he is not a danger to

the community. The conditions of release are revoked.

Accordingly, it is ORDERED that the defendant be detained

pending trial. 

The defendant is committed to the custody of the Attorney

General or his designated representative for confinement in a

corrections facility separate, to the extent practicable, from

persons awaiting or serving sentences or being held in custody

pending appeal. The defendant shall be afforded a reasonable

opportunity for private consultation with defense counsel. On

Case 1:08-cr-00076-PB Document 19 Filed 04/17/09 Page 1 of 2
2

order of a court of the United States or on request of an

attorney for the government, the person in charge of the

corrections facility shall deliver the defendant to the United

States Marshal for the purpose of an appearance in connection

with a court proceeding. 

SO ORDERED.

___________________________________

James R. Muirhead

United States Magistrate Judge

Date: April 17, 2009 

cc: Bjorn R. Lange, Esq.

 Debra M. Walsh, Esq.

 U.S. Marshal

 U.S. Probation

Case 1:08-cr-00076-PB Document 19 Filed 04/17/09 Page 2 of 2
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 41339 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
LUIS ALBERTO HERNANDEZ

- GARCIA ,Defendant

- Appellant

Appeal s from the United States District Court for the Southern District of Texas USDC No. 1:12

- CR

- 64

- 2

Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Luis Alberto
Hernandez

- Garcia has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Hernandez

- Garc ia h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED August 18, 2017

Lyle W. Cayce Clerk Case: 16-41339 Document: 00514122598 Page: 1 Date Filed: 08/18/2017No. 16

- 41339

2 presents no nonfrivolous issue for appellate review. Accordingly, counsel’s

mo tion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 16-41339 Document: 00514122598 Page: 2 Date Filed: 08/18/2017
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02276-REB-KMT

RAUL TRETO,

Plaintiff,

v.

BOULDER COUNTY,

Defendant.

FINAL JUDGMENT

Pursuant to Fed. R. Civ. P. 58(a), and the orders entered in this case, Final 

Judgment is entered.

A. Pursuant to the Order Adopting Recommendation of the United States

Magistrate Judge [#31] entered by Judge Robert E. Blackburn on September 3, 2013,

which order is incorporated by reference,

IT IS ORDERED as follows:

1. That the defendants’ Motion To Dismiss Amended Complaint [#28] filed

October 3, 2012, is GRANTED;

2. That under FED. R. CIV. P. 12(b)(1) and (6), the plaintiff’s amended complaint

[#26] is DISMISSED without prejudice;

3. That JUDGMENT IS ENTERED in favor of the defendant, Boulder County, and

against the plaintiff, Raul Treto; and

3. That defendant is AWARDED its costs, to be taxed by the clerk of the court

under Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.

Case 1:11-cv-02276-REB-KMT Document 32 Filed 09/05/13 USDC Colorado Page 1 of 2
DATED at Denver, Colorado, this 5th day of September, 2013.

FOR THE COURT:

JEFFREY P. COLWELL, CLERK

By: s/Edward P. Butler 

Edward P. Butler

Deputy Clerk

Case 1:11-cv-02276-REB-KMT Document 32 Filed 09/05/13 USDC Colorado Page 2 of 2
EXHIBIT 32.2

Certification Pursuant to 18 U.S.C. § 1350,

as Adopted Pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002

In connection with the filing of the Quarterly Report on Form 10-Q for the quarter ended June 30, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the Report) by Beverly Hills Bancorp Inc. (the Company), the undersigned officer of the Company hereby certifies pursuant to 18 U.S.C. § 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 as of and for the period covered
by the Report.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |  |  |                           
|--------------------- |  |  |  | --------------------------
|                      |  |  |  | BEVERLY HILLS BANCORP INC.
|                      |  | 
|Date: August 11, 2008 |  |  |  | /S/    TAKEO K. SASAKI    
|                      |  |  |  | Takeo K. Sasaki           
|                      |  |  |  | Chief Financial Officer   

The foregoing certification is being furnished to the Securities and Exchange Commission as an exhibit to the Form
10-Q and shall not be considered filed as part of the Form 10-Q.
#### In the Matter of Jesus Rosario, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, et al., Respondents.

[807 NYS2d 442]

*842Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

While petitioner was confined in a dry cell,* a nurse came into check his vital signs and put an oral thermometer into his mouth. While removing the thermometer, the nurse observed a lime green circular item about the size of a dime underneath petitioner’s tongue. When the nurse questioned him about the object, he swallowed it and denied having anything in his mouth. He was charged in a misbehavior report with possessing contraband, smuggling, making a false statement and refusing to comply with search and frisk procedures. Following a tier III disciplinary hearing, petitioner was found guilty of possessing contraband and making a false statement, and the determination was upheld on administrative appeal. This CPLR article 78 proceeding followed.

We confirm. The misbehavior report, which contained a detailed account of petitioner’s concealment of a foreign object in his mouth and false representations to the nurse, provides substantial evidence supporting the determination of guilt (see *Matter of Applewhite v Goord,*22 AD3d 985, 986 [2005]; *Matter of Burr v Goord,*284 AD2d 881, 882 [2001]). His claim that the hearing was not conducted in a timely manner was not raised at the disciplinary hearing and is, therefore, not preserved for our review *(see e.g. Matter of McKethan v Selsky,*300 AD2d 714, 715 [2002]).

Cardona, P.J., Crew III, Carpinello, Mugglin and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

*

 A dry cell is one used to isolate an inmate suspected of either ingesting contraband or hiding it on his person.
<PAGE>

                                                                      Exhibit 23






                         CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement (Form
S-3 No. 33-83590) of Meridian National Corporation and in the related
prospectus, and in the Registration Statements (Form S-8 Nos. 33-72256 and
333-961) pertaining to the 1990 Non-qualified and Incentive Stock Option Plan
and to the Amended and Restated 1987 Non-employee Directors' Stock Option Plan
of Meridian National Corporation of our report dated April 21, 2000, with
respect to the consolidated financial statements of Meridian National
Corporation included in this Annual Report (Form 10-K) for the year ended
February 29, 2000.



                                                 REHMANN ROBSON, P.C.



Farmington Hills, Michigan
April 21, 2000
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 FranciscoDistrict: 12Federal Reserve Bank of: San FranciscoFilings received during the week ending April 26, 2008FilerFiling TypeFiling ProposalEnd of Comment PeriodCARPENTER FUND MANAGER GP, LLC                                                                                          * 3A1Carpenter Fund Manager GP, LLC, Carpenter Fund Management, LLC, and Carpenter Community Bancfund-A, L.P., all of Irvine, California, to become bank holding companies by acquiring 24.3 percent of Mission Community Bancorp, and thereby its subsidiary, Mission Community Bank, both of San Luis Obispo, California.Newspaper: 05/06/2008Federal Register: 05/02/2008Gateway Pacific Bancorp                                                                                                 * 3A1Gateway Pacific Bancorp to become a bank holding company by acquiring 100 percent of Gateway Pacific Bank (In Organization), both of National City, California.Newspaper: Not availableFederal Register: 05/26/2008LA JOLLA PACIFIC BANCORP                                                                                                * 3A1La Jolla Pacific Bancorp to become a bank holding company by acquiring 100 percent of Home Bank of California, both of San Diego, California.Newspaper: 05/22/2008Federal Register: Not available
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Richard A. Hilton, Sr.

Case No. 09-cv-86-SM

v.

Northern NH Correctional Facility, Warden

O R D E R

This case has been stayed since April 13, 2009, while the petitioner returns to

state court to exhaust his federal claims. This case shall be administratively closed

while the stay is in effect. Petitioner is reminded to file status reports every 90 days to

notify this court of his progress in the state court. The Court should, of course,

immediately be notified upon ultimate resolution of the issues.

SO ORDERED.

October 30, 2009 _________________________________

Steven J. McAuliffe

Chief District Judge

cc: Richard A. Hilton, Sr., pro se 

Case 1:09-cv-00086-SM Document 13 Filed 10/30/09 Page 1 of 1
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00395-CV

In re Austin Travis Homes, Inc.

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R A N D U M O P I N I O N

Concluding that the district court did not err or abuse its discretion in declining

to dismiss the real parties in interests’ suit for want of subject-matter jurisdiction, we deny the

petition for writ of mandamus. See Tex. R. App. P. 52.8(a).

__________________________________________

Bob Pemberton, Justice

Before Justices Puryear, Pemberton and Rose

Filed: June 29, 2011
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: 4Federal Reserve Bank of: ClevelandFilings received during the week ending December 20, 2008FilerFiling TypeFiling ProposalEnd of Comment PeriodNONE
<PAGE>   1
                                                                      EXHIBIT 21


                            CALTON, INC. SUBSIDIARIES

                                                                STATE OF
               COMPANY                                         INCORPORATION
               -------                                         -------------

eCalton.com, Inc. (f/k/a Calton Homes of Florida, Inc.)         Florida
Calton Homes of Chicago, Inc.                                   Illinois
Calton Homes of Pennsylvania, Inc.                              Pennsylvania
Calton Homes of Pennsylvania at Pennway, Inc.                   Pennsylvania
Calton Homes of California, Inc.                                California
Calton Lindenwood Corporation                                   California
Calton Manzanita Corporation                                    California
Calton Tamarack Corporation                                     California
Calton California Equity Corporation                            California
Calton Capital, Inc.                                            New Jersey
Calton General, Inc.                                            New Jersey
Calton Homes Finance, Inc.                                      New Jersey
Calton Homes Finance II, Inc.                                   New Jersey
Haddon Group of Virginia, Inc.                                  New Jersey
PrivilegeOne LLC                                                Delaware
Innovation Technology Partners                                  Delaware
MindSearch                                                      Delaware
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Marie Luise Miller

v. Case No. 08-cv-152-SM

Strafford County Department

of Corrections, Superintendent

O R D E R

I herewith approve the Report and Recommendation of Magistrate Judge

Muirhead dated December 2, 2009, no objection having been filed, for the reasons

set forth therein. Petitioner’s petition is hereby dismissed for inclusion of

unexhausted claims. 

SO ORDERED.

December 23, 2009 _________________________________

Steven J. McAuliffe

Chief Judge

cc: Marie Luise Miller, pro se

Case 1:08-cv-00152-SM Document 18 Filed 12/23/09 Page 1 of 1
AMENDED EMPLOYMENT
AGREEMENT





Agreement
entered into as of this 15 day of January 2006, between Moshe
Citronowicz   (“Employee”) and Bovie Medical Corporation,
(“Employer”)





WHEREAS, the parties have
heretofore entered into an Employment Agreement (the “Agreement”) dated February
1, 2000, as the same has been amended pursuant to the Board Resolutions dated
January 23, 2002, January 6, 2004; and November 15, 2006; and





WHEREAS, the parties are
desirous of memorializing the effect of the aforementioned resolutions and
further amending said Agreement on the terms hereinafter set forth.





NOW THEREFORE, in
consideration of the premises and covenants herein contained,





IT
IS HEREBY AGREED:





1.
            Paragraph
      3 of the Agreement is hereby amended in its entirety to read as
      follows:





TERM:
The initial term of employment under this Agreement shall be effective as of the
1st
day of February, 2000, and shall continue until January 31, 2011 or until
terminated as hereinafter provided. After January 31, 2009, the term of this
Agreement shall be automatically extended for continuous terms of one year each
unless the Employer provides the Employee with written notice of termination at
least nine months prior to the date the Employer plans to
terminate.





2.
            Except
      as amended hereby, the Agreement is hereby ratified and
      approved.





IN WITNESS WHEREOF the parties
have set forth their signatures this ____ day of November, 2006.





BOVIE
      MEDICAL CORPORATIONBy:
              /S/ Andrew MakridesAndrew
      Makrides, President/S/ Moshe CitronowiczMoshe
      Citronowicz
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