alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**BOVIE
MEDICAL CORPORATION**
 
 
 EXHIBIT
32.1
 
 Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
 
  In
connection with the amended Annual Report of Bovie Medical Corporation (the
“Company”) on Form 10-KSB/A for the year ended December 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof, I, Andrew Makrides,
President and Chairman of the Board of the Company, certify, pursuant to 18 USC
§1350 as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that
(1) the annual 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 annual report fairly presents, in all material respects, the financial
condition and results of operations of the Company.
  
 
 
  Date:
February 14, 2005
  
 /s/
      Andrew MakridesPresident,
      ChiefExecutive
      Officer, Chairmanof
      the Board and Director
 A signed
original of this written statement required by Section 906 of the Sarbanes-Oxley
Act has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon
request.
#### In the Matter of Harold Shell Jr., Appellant, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent.

[744 NYS2d 909]

Cardona, P.J.

Appeal from a judgment of the Supreme Court (McNamara, J.), entered October 22, 2001 in Albany County, as amended by a judgment entered November 26, 2001 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner appeals from the dismissal of his petition seeking to annul a determination made after a tier III prison disciplinary hearing on the basis that he was denied the conditional right to call witnesses at that hearing. We disagree. Based upon the nicknames and cell locations provided by petitioner, the Hearing Officer was able to identify the two inmates that petitioner requested as witnesses. Each inmate, however, executed a witness refusal form and checked the preprinted section of the form indicating, “I do not want to be involved.” In the space provided for an explanation, one inmate wrote “don’t know him” and the other inmate wrote, “Refuse — do not know.”

Petitioner concedes that a refusal form executed by a requested witness and containing an adequate reason for the *754refusal to testify can provide a sufficient basis for the denial of that witness *(see, e.g., Matter of Jimenez v Goord,*264 AD2d 918). Although each form herein contains a specific reason for the refusal to testify and appears genuine on its face, petitioner contends that the reasons given were vague and the Hearing Officer was obligated to make further inquiry. Petitioner acknowledged at the hearing, however, that the requested inmate witnesses did not really know him, thus lending support to the witnesses’ refusal to testify on the basis that they did not want to get involved because they did not know petitioner. In any event, inasmuch as petitioner failed to make a timely objection regarding the authenticity of the refusals during the prison disciplinary hearing when the alleged deficiency could have been corrected, the claim that the Hearing Officer should have conducted a further inquiry was waived *(see, Matter of Loper v Goord,*290 AD2d 682; *Matter of Hidalgo v Senkowski,*283 AD2d 839; *see also, Matter of Crowley v O’Keefe,*148 AD2d 816, 817, *appeal dismissed*74 NY2d 780, *lv denied*74 NY2d 613). Supreme Court, therefore, properly dismissed the petition.

Crew III, Spain, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed, without costs.
<PAGE>



                                                                    EXHIBIT (23)

                             CONSENT OF INDEPENDENT
                          CERTIFIED PUBLIC ACCOUNTANTS

The Board of Directors
First Oak Brook Bancshares, Inc:

We consent to incorporation by reference in the registration statements (No.'s
33-24145, 33-82800, 333-75025, 333-81388, 333-89647) on Form S-8 of First Oak
Brook Bancshares, Inc. of our report dated January 21, 2002, relating to the
consolidated balance sheets of First Oak Brook Bancshares Inc. and subsidiaries
as of December 31, 2001, and 2000, and the related consolidated statements of
income, changes in stockholders' equity, and cash flows for each of the years in
the three-year period ended December 31, 2001, which report appears in the
December 31, 2001, annual report on Form 10-K of First Oak Brook Bancshares,
Inc.

/s/KPMG LLP

March 20, 2002
Exhibit 31.1

                    CERTIFICATION PURSUANT TO
           SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002


I, Gary F. Kimmons, certify that:

1.  I have reviewed this quarterly report of M Power Entertainment Inc.;

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

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

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

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

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

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

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

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

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

/s/  Gary F. Kimmons

Gary F. Kimmons
Chief Executive Officer
Chief Financial Officer

DATED this 16 day of May, 2006.
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 Community Bancorp. (the "Company") on Form 10-K for the period ended December 31, 2003, filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned 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, 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 as of and for the periods covered in the Report.

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





/s/ Stephen P. Marsh

Stephen P. Marsh, President & Chief Operating Officer

(Chief Financial Officer)

March 30, 2004
#### In the Matter of Nicholas P., a Child Alleged to be Neglected. Administration for Children’s Services et al., Respondents; Antoinette P., Appellant.

[745 NYS2d 484]

In a child neglect proceeding pursuant to Family Court Act article 10, the mother appeals from an order of the Family Court, Kangs County (Stanton, J.), dated December 4, 2000, which denied her motion, in effect, for leave to vacate an order of fact-finding and disposition (one paper) of the same court, dated December 7, 1999, issued upon her default in appearing at the dispositional hearing.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly exercised its discretion in denying the mother’s motion, in effect, for leave to vacate her default in appearing at the dispositional hearing in the neglect proceeding. The mother’s failure to appear at the dispositional hearing was willful *(see*Family Ct Act § 1042).

The mother’s remaining contentions are without merit. Santucci, J.P., S. Miller, Goldstein and Townes, JJ., concur.
|   **Exhibit 32.1**

 
  
**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 Cannabis Science, Inc., (the “Company”) on Form 10-Q for the period ended March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Dr. Robert Melamede, Chief Executive 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, to 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.

By: /s/ *Dr. Robert Melamede*Dr. Robert MelamedeChief Executive OfficerMay 21, 2010

                               |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| (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/ Steven M. Schneider                                                       |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Steven      M. Schneider                                                                                                                                                                                                                                                                                                                                    |
| Title:  Chief      Executive Officer (Principal Executive Officer)                                                                                                                                                                                                                                                                                |
| Date:      August 13, 2008                                                                                                                                                                                                                                                                                                                             |
184 La. 230

#### ROSENTHAL v. ROSENTHAL.

No. 33562.

Supreme Court of Louisiana.

Feb. 3, 1936.

I. W. Rosenthal, of New Orleans, for appellant.

James G. Schillin, of New Orleans, for appellee.

ROGERS, Justice.

Plaintiff sued her husband for a separation from bed and board and obtained a judgment condemning him to pay her $40 a month as alimony pendente lite. Defendant has appealed from the judgment. Plaintiff has answered the appeal and asked that her alimony be increased to $100 a month.

Defendant’s complaint that the alimony awarded is excessive is not well founded. The evidence shows that defendant is a practicing physician in the city of New Orleans. His gross earnings from his profession are in excess of $200 a month. He also enjoys an income from certain real estate which has a monthly rental value of $184. He lives with his aged and dependent mother in an apartment in a building containing two apartments, which he owns.

In estimating defendant’s net income, due allowance must be made for the expenses incident to the practice of his profession and the usual charges against his real estate holdings, together with a liability of $40 a month on a mortgage held by a building and loan association. When this is done, however, we find that he is well able to pay his wife alimony at the rate of $40 a month. In fact, for a number of months he paid his wife $10 a week; the last payment being made on December 29, 1934. Plaintiff’s suit for a separation and rule for alimony were filed on May 16, 1935.

Taking up plaintiff’s plea for an increase of alimony, we find from the evidence that the parties litigant have lived separate and apart since their marriage, which took place on April 19, 1933. Defendant has always resided with his mother, and plaintiff has always resided with members of her family. It does not appear that plaintiff contributes to the expenses of the household in which she lives. Apparently she receives her roo.m and board in return for her services as housekeeper for the other members of her family.

Until December 29, 1934, when the payments ceased, plaintiff without complaint accepted from defendant $10 a week for her support. From which we think it may be fairly inferred that $40 a month is sufficient for plaintiff’s maintenance during the pendency of her suit.

For the reasons assigned, the judgment appealed from is affirmed.

FOURNET, J., takes no part.
1 The Honorable Ralph R. Erickson, United St ates District Judge for the District of North Dakota. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 06-1836

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of North Dakota. Tyler Joseph Berglund, * * [UNPUBLISHED] Appellant. *

___________ Submitted: June 6, 2007 Filed: June 22, 2007

___________ Before RILEY, MAGILL, and MELLOY, Circuit Judges.

___________ PER CURIAM. Tyler Joseph Berglund (Berglund) appeals the 282-month prison sentence the district court 1 imposed after Berglund pled guilty to drug conspiracy and firearms charges. In a brief file d under Anders v. California , 386 U.S. 738 (1967), his counsel argues that the district court’s senten ce was “[e]rroneously [e]xaggerated by a [m]isapplication of the Sentencing Guidelin es” and that the court erred in failing to grant a greater downward departure at sentencing.-2- We enforce the broad appeal waiverincluded in Berglund’s plea agreement because (1) the plea colloquy reflects that Berglund understood and voluntarily accepted the terms of the plea agreement, in cluding the waiver; (2) this appeal falls within the scope of the waiver; and (3) no injustice would result. SeeUnited States v. Andis , 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (discussing enforceability of appeal waiver); see also United States v. Estrada-Bahena , 201 F.3d 1070, 1071 (8th Cir. 2000) (per curiam) (enforcing appeal waiver in Anders case). Having reviewed the record independently pursuant to Penson v. Ohio , 488 U.S. 75, 80 (1988), for any nonfrivolous issue not covered by the waiver, we find none. Therefore, we enfor ce the waiver and dismiss the appeal. We also grant counsel’s motion to withdraw.

______________________________
EXHIBIT 32.1



CERTIFICATION BY THE CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U. S. C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to 18 U. S. C. Section 1350, I, Gary W. Rada, hereby certify that, to the best
of my knowledge, the Quarterly Report of Factory Card & Party Outlet Corp. on Form 10-Q for the quarter ended November 1, 2003 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities
Exchange Act of 1934, and that the information contained in that Report fairly presents, in all material respects, the financial condition and results of operations of Factory Card & Party Outlet Corp.



|                                                 
|-------------------------------------------------
|/s/    GARY W. RADA                              
|                                                 
|Gary W. RadaPresident and Chief Executive Officer

December 5, 2003



This certification accompanies this Report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to
the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended. (the Exchange Act). Such certification will not be deemed to be incorporated by reference into
any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.



A signed original of this written statement required by Section 906 has been provided to Factory Card & Party Outlet Corp. and will be retained by Factory Card
& Party Outlet Corp. and furnished to the Securities and Exchange Commission or its staff upon request.
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