alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Daniel Blair, Appellant, v Richard L. Cristani et al., Respondents.

[745 NYS2d 468]

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Joseph, J.), dated September 20, 2001, as denied his motion for summary judgment on the issue of liability on his causes of action pursuant to Labor Law § 240 (1) and § 241(6), and granted that branch of the defendants’ cross motion which was for summary judgment dismissing the cause of action pursuant to Labor Law § 241 (6).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion for summary judgment on the issue of liability on the causes of action pursuant to Labor Law § 240 (1) and § 241 (6) is granted, and that branch of the cross motion which was for summary judgment dismissing the cause of action pursuant to Labor Law § 241 (6) is denied.

The plaintiff was injured while painting a house owned by the defendants and rented by his parents. The defendants agreed to pay him for his services and supplied him with an extension ladder. As he was painting the house, the ladder slipped from underneath him and he fell to the ground sustaining injuries.

The plaintiff met his burden of establishing that the *472defendants failed to provide him with proper protection under Labor Law § 240 (1), and that such failure was a proximate cause of his injuries. He presented evidence that the accident occurred when an unsecured ladder slipped from underneath him, causing him to fall and sustain injuries *(see Guzman v Gumley-Haft, Inc.,*274 AD2d 555; *Kinsler v Lu-Four Assoc.,*215 AD2d 631; *Whalen v Sciame Constr. Co.,*198 AD2d 501). In opposition, the defendants failed to adduce evidence in admissible form sufficient to raise an issue of fact as to the manner in which the accident occurred *(see Dudek v Sinisi,*199 AD2d 800; *Matter of Damon J.,*144 AD2d 467). Thus, the plaintiff is entitled to summary judgment on the cause of action pursuant to Labor Law § 240 (1).

The plaintiff is also entitled to summary judgment on the cause of action pursuant to Labor Law § 241 (6) and the branch of the defendant’s motion which was to dismiss that cause of action should have been denied. Contrary to the determination of the Supreme Court, the activity in which the plaintiff was engaged when he was injured falls within the scope of Labor Law § 241 (6) *(see*12 NYCRR 23-1.4 [b] [13]; *Cornacchione v Clark Concrete Co.,*278 AD2d 800; *Vernieri v Empire Realty Co.,*219 AD2d 593, 595). The plaintiff met his burden of establishing a violation of the Industrial Code, and that such violation was a proximate cause of his injuries *(see*12 NYCRR 23-1.21 [b] [4] [iv]). In opposition, the defendants failed to present any evidence in admissible form to raise a triable issue of fact as to their liability under Labor Law § 241 (6). Santucci, J.P., Altman, S. Miller and H. Miller, JJ., concur.
<PAGE>

                                   EXHIBIT 32

                    CERTIFICATION BY CHIEF EXECUTIVE OFFICER
                       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 Annual Report of Isramco, Inc. (the "Company") on Form
10-K/A for the year ended December 31, 2003 (the "Report") filed with the
Securities and Exchange Commission, I, Haim Tsuff, Chief Executive and Principal
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 Company's 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.





AUGUST 16, 2004                             /S/ HAIM TSUFF
                                            ------------------------
                                            HAIM TSUFF
                                            CHIEF EXECUTIVE OFFICER
                                            (AND PRINCIPAL FINANCIAL OFFICER)



A signed original of this statement required by Section 906 has been provided to
Isramco, Inc. and will be retained by Isramco, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1210 Reported in Senate (RS)]

                                                       Calendar No. 747
110th CONGRESS
  2d Session
                                S. 1210

       To extend the grant program for drug-endangered children.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2007

Mrs. Feinstein (for herself, Mr. Grassley, Mr. Kohl, Mr. Feingold, Mr. 
 Durbin, Mr. Johnson, and Mr. Schumer) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

                              May 22, 2008

                Reported by Mr. Leahy, without amendment

_______________________________________________________________________

                                 A BILL

 
       To extend the grant program for drug-endangered children.

    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 ``Drug Endangered Children Act of 
2007''.

SEC. 2. DRUG-ENDANGERED CHILDREN GRANT PROGRAM EXTENDED.

    Section 755(c) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (42 U.S.C. 3797cc-2(c)) is amended by striking ``fiscal 
years 2006 and 2007'' and inserting ``fiscal years 2008 and 2009''.
                                                       Calendar No. 747

110th CONGRESS

  2d Session

                                S. 1210

_______________________________________________________________________

                                 A BILL

       To extend the grant program for drug-endangered children.

_______________________________________________________________________

                              May 22, 2008

                       Reported without amendment
```
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02414-PAB-MJW

BOBBY BROWN,

Plaintiff(s),

v.

A&E TELEVISON NETWORKS, LLC, a New York Corporation,

HYBRID FILMS, INC., a New York Corporation, and,

D&D TELEVISION PRODUCTIONS, INC., a New York Corporation,

Defendant(s).

MINUTE ORDER 

Entered by Magistrate Judge Michael J. Watanabe

It is hereby ORDERED that the plaintiff’s Unopposed Motion for Leave to File

Second Amended Complaint (Docket No. 12) is granted, and the tendered Second

Amended Complaint and Jury Demand (Docket No. 12-1) is accepted for filing as of the

date of this Minute Order.

Date: November 3, 2011

Case 1:11-cv-02414-PAB-MJW Document 14 Filed 11/03/11 USDC Colorado Page 1 of 1
Exhibit 32.1





CERTIFICATION PURSUANT TO



18 USC, SECTION 1350,



AS ADOPTED PURSUANT TO



SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of Oxford
Northeast Ltd., a New York corporation (the “Company”), does hereby certify, to such officer’s knowledge and
in the capacity of an officer, that:



Amendment No. 1 to the Annual Report for the year ended September 30,
2019 (the “Form 10-K/A”) of the Company fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, and the information contained in the Form 10-K/A fairly presents, in all material respects, the
financial condition and results of operations of the Company as of, and for, the periods presented in the Form 10-K/A.





|Date: January 8, 2020 | /s/  Samuel Eisenberg        
|--------------------- | -----------------------------
|                      | Samuel Eisenberg             
|                      | Chief Financial Officer      
|                      | (Principal Financial Officer)
|                      |                              
|Date: January 8, 2020 | /s/  Abraham Miller          
|                      | Abraham Miller               
|                      | President                    
|                      | (Principal Executive Officer)
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.                  

###### Department of Defense

###### Office of the Secretary

          - [Transmittal Nos. 08-79]

# AGENCY:

Department of Defense, Defense Security Cooperation Agency.

# ACTION:

Notice.

# SUMMARY:

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.

# FOR FURTHER INFORMATION CONTACT:

Ms. B. English, DSCA/DBO/CFM, (703) 601-3740.

The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 08-79 with attached transmittal, policy justification, and Sensitivity of Technology.

Dated: September 25, 2008.

Patricia L. Toppings,

OSD Federal Register Liaison Officer, Department of Defense.

      ( print page 58202)          ( print page 58203)          ( print page 58204)          ( print page 58205)          ( print page 58206)          ( print page 58207)    

BILLING CODE 5001-06-M

[FR Doc. E8-23354 Filed 10-3-08; 8:45 am]

BILLING CODE 5001-06-C
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Christine M. Arguello

Civil Action No. 11-cv-02365-CMA-KLM

NAZARIO MEDINA,

Plaintiff,

v.

PINNACLE FINANCIAL GROUP INCORPORATED, a Minnesota corporation,

Defendant.

ORDER OF DISMISSAL WITH PREJUDICE

Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), and the Court having reviewed

Plaintiff’s Notice of Dismissal With Prejudice (Doc. # 9), it is hereby

ORDERED that this case is DISMISSED WITH PREJUDICE, each party to pay

his or its own attorney’s fees and costs.

DATED: October 13 , 2011

BY THE COURT:

_______________________________

CHRISTINE M. ARGUELLO

United States District Court Judge

Case 1:11-cv-02365-CMA-KLM Document 10 Filed 10/13/11 USDC Colorado Page 1 of 1
#### The People of the State of New York, Respondent, v Kevin Thompson, Appellant.

[744 NYS2d 897]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered December 19, 2000, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (s*ee People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see*CPL 470.15 [5]).

The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80).

The defendant’s remaining contentions are without merit. Ritter, J.P., Feuerstein, Smith and Adams, JJ., concur.
#### In the Matter of Edward P. Finnerty, an Attorney and Counselor-at-Law. Committee on Professional Standards, Petitioner.

[745 NYS2d 621]

Per Curiam.

Respondent was admitted to practice by this Court in 1977. He maintains an office for the practice of law in the Village of Lake Placid, Essex County.

Respondent has admitted to charges of professional misconduct which allege that he neglected the conservatorship of an elderly woman and also neglected her estate *(see,*Code of Professional Responsibility DR 6-101 [a] [3] [22 NYCRR 1200.30 (a) (3)]), converted funds from her checking account while he served as conservator *(see,*DR 1-102 [a] [4], [5], [7] [22 NYCRR 1200.3 (a) (4), (5), (7); DR 9-102 [22 NYCRR 1200.46]) and, in violation of DR 1-102 (a) (4), (5) and (7) (22 NYCRR 1200.3 [a] [4], [5], [7]), attempted to mislead and deceive petitioner about the conversion, gave false testimony before petitioner in a continuing effort to hide the conversion, and filed conservatorship accountings which contained false information designed to hide the conversion.

In mitigation, respondent states that he provided significant services while conservator, made restitution, accepts full responsibility for his misconduct and is remorseful. He also notes that he has been very active in his community, especially with state and national skiing organizations.

Having considered all of the circumstances, we conclude that respondent should be suspended from practice for a period of two years. We also deny respondent’s request that he be allowed to continue to practice as a Town Attorney.

Cardona, P.J., Mercure, Spain, Carpinello and Lahtinen, JJ., *821concur. Ordered that respondent is found guilty of the professional misconduct set forth in the petition; and it is further ordered that respondent is suspended from practice, effective 20 days from the date of this decision, for a period of two years, and until further order of this Court; and it is further ordered that respondent, for the period of his suspension, is commanded to desist and refrain from the practice of law in any form, either as principal or as agent, clerk or employee of another; he is forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority or to give to another an opinion as to the law or its application or any advice in relation thereto; and it is further ordered that respondent shall comply with the provisions of this Court’s rules regulating the conduct of suspended attorneys *(see,*22 NYCRR 806.9).
Release dates |     Full version (300 KB PDF)Board Actions |     Actions under delegated authority        Applications and reports received:Boston | New York | Philadelphia   | Cleveland | Richmond   | AtlantaChicago | St. Louis | Minneapolis   | Kansas City | Dallas   | San Francisco

# Board Actions

## Actions taken during the week ending August 7, 2021

----

Supervision and Regulation            Stress tests -- (1) affirming the stress capital buffer requirement for HSBC North America Holdings, Inc., in response to its request for reconsideration and (2) directing staff to conduct a closer examination of issues raised in the reconsideration process to inform continuing improvements in the stress testing methodology.            -Approved, August 5, 2021            Enforcement            Commercial Bank, Harrogate, Tennessee -- consent order of assessment of a civil money penalty pursuant to the National Flood Insurance Act.            -Announced, August 3, 2021                        JPMorgan Chase & Co., New York, New York -- cease-and-desist order dated May 20, 2015, terminated August 3, 2021.            -Announced, August 5, 2021                        Regions Bank, Birmingham, Alabama -- consent order of prohibition against Kristyn Kelly, a former institution-affiliated party.            -Announced, August 3, 2021            
Release dates |     Full version (300 KB PDF)Board Actions |     Actions under delegated authority    Applications and reports received:
EXHIBIT
32.2


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 Annual Report of ZAP (the “Company”) on Form 10-Q for the
quarter  ended March 31, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”),
William  Hartman, as Chief Financial Officer of the Company hereby
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge,
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/ William Hartman
              William
      HartmanTitle:
      Chief Financial Officer (Principal Financial and Accounting
      Officer)Date:
      May 14, 2008








This
certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as
amended.
AMENDED
EMPLOYMENT AGREEMENT
 
 Exhibit 10.8
  Agreement
entered into as of this 6 th day of
January 2004, between Andrew Makrides ("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 and January b, 2004; 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 1stday of February, 2000, and shall continue until January 31, 2009 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 July, 2004.
  
 BOVIE
MEDICAL CORPORATION
 By: /s/
Moshe Citronowicz
#### Lynette Rivers, Individually and as Administrator of the Estate of Ebony Rivers, Deceased, Respondent, et al., Plaintiff, v St. Mary’s Hospital of Brooklyn et al., Appellants, et al., Defendants.

[745 NYS2d 562]

In an action, inter alia, to recover damages for medical malpractice, the defendants St. Mary’s Hospital of Brooklyn and Interfaith Medical Center separately appeal from a judgment of the Supreme Court, Kangs County (Jackson, J.), entered January 5, 2001, which, upon a jury verdict finding St. Mary’s Hospital of Brooklyn 55% at fault and Interfaith Medical Center 45% at fault, is in favor of the plaintiff Lynette Rivers, as administrator of the estate of Ebony Rivers, and against them in the principal sum of $1,700,000 for the conscious pain and suffering of Ebony Rivers.

Ordered that the judgment is reversed, on the facts and as a matter of discretion, with costs, and a new trial is granted on the issue of damages only, unless within 30 days after service upon the plaintiff Lynette Rivers, as administrator of the estate of Ebony Rivers, of a copy of this decision and order, with notice of entry, she shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation *540consenting to reduce the verdict as to damages from the sum of $1,700,000 to $750,000; in the event that Lynette Rivers, as administrator of the estate of Ebony Rivers, so stipulates, then the judgment, as so decreased and amended, is affirmed, without costs or disbursements.

The jury determined that the appellant St. Mary’s Hospital of Brooklyn (hereinafter St. Mary’s) committed malpractice by discharging the 13-year-old decedent while she was suffering from rheumatic fever, and that the defendant Interfaith Medical Center committed malpractice by failing to properly consult with St. Mary’s about the decedent’s recent treatment at that facility, and by failing to perform an echocardiogram. Contrary to the appellants’ contentions, the plaintiffs adduced sufficient evidence from which the jury could have rationally concluded that these acts were departures from good and accepted medical practice, and proximately caused the decedent’s injuries and death (see *Cohen v Hallmark Cards,*45 NY2d 493, 498-499). Furthermore, according the jurors their proper deference as finders of fact and as assessors of the credibility of witnesses, we find that the liability verdict, and the apportionment of fault between the two hospitals, is supported by a fair interpretation of the evidence (see *Brezinski v Island Med. Care,*291 AD2d 366; *Romero v Karavidas,*282 AD2d 665; *Cicalese v Caruana,*274 AD2d 540; *Mullen v Eswar,*233 AD2d 376; *Nicastro v Park,*113 AD2d 129).

However, the damages awarded for conscious pain and suffering deviated materially from what would be reasonable compensation to the extent indicated herein (see CPLR 5501 [c]). Feuerstein, J.P., Krausman, Luciano and Crane, JJ., concur.