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

Appellate Division, Fourth Judicial Department

830 

KA 13-00801 

PRESENT: SMITH, J.P., CARNI, LINDLEY, VALENTINO, AND WHALEN, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

JON C. MARTIN, DEFENDANT-APPELLANT. 

 

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF

COUNSEL), FOR DEFENDANT-APPELLANT. 

MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (LAURA T. BITTNER OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from an order of the Niagara County Court (Sara S. Farkas,

J.), dated March 21, 2013. The order determined that defendant is a

level three risk pursuant to the Sex Offender Registration Act. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he

is a level three risk pursuant to the Sex Offender Registration Act

(Correction Law § 168 et seq.). Contrary to defendant’s contention,

the nearly six-year delay in rendering a risk classification

determination did not deny him due process and was not “ ‘so

outrageously arbitrary as to constitute gross abuse of governmental

authority’ ” (People v Wilkes, 53 AD3d 1073, 1074, lv denied 11 NY3d

710). Contrary to defendant’s related contentions, County Court did

not misapply the relevant case law, and vacatur of his risk

classification is not warranted under the facts and circumstances of

this case (cf. People v Gregory, 71 AD3d 1559, 1560).

Entered: July 3, 2014 Frances E. Cafarell

Clerk of the Court
#### Grace ENGLISH, Petitioner, v. J. W. ENGLISH ENTERPRISES, Inc., a Florida corporation, Grace E. Chambers, Rand-Bruc, Inc., a Florida corporation and Grace E. Chambers, as guardian of Randy Chambers and Bruce Chambers, Respondents.

Supreme Court of Florida. Special Division A.

Nov. 16, 1954.

J. Fritz Gordon and Joseph Pardo, Miami, for petitioner.

Ward & Ward, Miami, and Sylvester P. Adair, Homestead, for respondents.

PER CURIAM.

Upon a consideration of this cause we have determined that the ends of justice require that the petitioner be granted leave to amend her complaint. , Consequently, the challenged order of the 3rd day of September, 1954, should be and it is hereby quashed with directions to the learned chancellor that he enter another order in which, after granting the motion to dismiss the amended bill, he shall give leave to petitioner to amend as to. all defendants.

It is so ordered.

ROBERTS, C. J., and TERRELL, HOB-SON and MATHEWS, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Form 10-QSB
for the three months ended June 30, 2000 and is qualified in its entirety by
reference to such financial information.
</LEGEND>
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                          37,548
<SECURITIES>                                         0
<RECEIVABLES>                                2,060,090
<ALLOWANCES>                                   232,745
<INVENTORY>                                  3,195,676
<CURRENT-ASSETS>                             5,669,492
<PP&E>                                       7,313,605
<DEPRECIATION>                             (4,508,880)
<TOTAL-ASSETS>                               8,601,036
<CURRENT-LIABILITIES>                        2,530,632
<BONDS>                                      3,601,638
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        37,158
<OTHER-SE>                                   2,431,608
<TOTAL-LIABILITY-AND-EQUITY>                 8,601,036
<SALES>                                     10,975,620
<TOTAL-REVENUES>                            10,975,620
<CGS>                                        8,016,578
<TOTAL-COSTS>                                8,016,578
<OTHER-EXPENSES>                             2,909,407
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             190,133
<INCOME-PRETAX>                              (140,498)
<INCOME-TAX>                                  (73,984)
<INCOME-CONTINUING>                           (66,514)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (66,514)
<EPS-BASIC>                                     (0.02)
<EPS-DILUTED>                                   (0.02)


</TABLE>
107TH CONGRESS

2D SESSION H. R. 1748

AN ACT

To designate the facility of the United States Postal Service located at 805 Glen Burnie Road in

Richmond, Virginia, as the ‘‘Tom Bliley Post Office Building’’.

107TH CONGRESS

2D SESSION H. R. 1748

AN ACT

To designate the facility of the United States Postal Service

located at 805 Glen Burnie Road in Richmond, Virginia,

as the ‘‘Tom Bliley Post Office Building’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1748 EH

1 SECTION 1. DESIGNATION.

2 The facility of the United States Postal Service lo3 cated at 805 Glen Burnie Road in Richmond, Virginia,

4 shall be known and designated as the ‘‘Tom Bliley Post

5 Office Building’’.

6 SEC. 2. REFERENCES.

7 Any reference in a law, map, regulation, document,

8 paper, or other record of the United States to the facility

9 referred to in section 1 shall be deemed to be a reference

10 to the ‘‘Tom Bliley Post Office Building’’.

Passed the House of Representatives February 12,

2002.

Attest:

Clerk.
<PAGE>

                                                                  Exhibit 3.2(b)

                                   AMENDMENT
                                    to the
                             AMENDED and RESTATED
                                    BYLAWS
                                      of
                        MODEM MEDIA . POPPE TYSON, INC.

     Pursuant to the resolutions unanimously adopted by the Board of Directors
of Modem Media . Poppe Tyson, Inc. on April 25, 2000, Articles 2.9 and 3.4 shall
be amended and the following shall be substituted therefore:

I.   The last paragraph of Article 2.9 shall be amended to read as follows:

          "If a quorum is present, the affirmative vote of at least a majority
          of the voting power of the shares present in person or by proxy at a
          duly held meeting and entitled to vote on the subject matter shall be
          the act of the stockholders, unless the vote of a different number or
          a vote by classes is required by law, by the Certificate of
          Incorporation or by these Bylaws. Notwithstanding the foregoing,
          directors shall be elected by a plurality of the votes of the shares
          present in person or by proxy at a duly held meeting of shareholders
          and entitled to vote on the election of directors."

II.  The second paragraph of Article 3.4 shall be amended to read as follows:

          "Unless otherwise provided in the Certificate of Incorporation or
          these Bylaws, vacancies on the board of directors may be filled by a
          majority of the remaining directors, even in less than a quorum, or by
          a sole remaining director; however, a vacancy created by the removal
          of a director by the vote of the stock holders or by court order may
          be filled by a plurality of the votes of the shares present in person
          or by proxy at a duly held meeting of stock holders and entitled to
          vote on the election of directors.  Each director so elected shall
          hold office until the next annual meeting of the stockholders and
          until a successor has been elected and qualified."

     IN WITNESS WHEREOF, this amendment shall be effective as of the date first
written above, and shall be filed with minutes of the Company.

                                  By:     /s/ Sloane Levy
                                  Title:  Vice President, General Counsel and
                                          Corporate Secretary
Contract Change Notice No. 8 Between TRW and Sirenza



 Exhibit 10.2 
  

			
	 Sirenza Microdevices
	 	Contract Change Notice/Amendment No. 08
	 SN 1A551/1F368
	 	 

  
 Contract Change
Notice/Amendment No. 08 
 to 
 TRW Inc./Sirenza Microdevices Wafer Supply Agreement 
 Agreement No. 1A551 
  
 THIS AMENDMENT (“Amendment”) is made and entered into and between Sirenza
Microdevices (“Buyer”) and Northrop Grumman Space & Mission Systems Corp., by and through Northrop Grumman Space Technology (“NGST” or “Seller”). 
  
 WHEREAS, Buyer and NGST (formerly “TRW”) entered into a Sale Agreement No. 1A551 (“Agreement”) with an
effective date of August 19, 1998; 
  
 WHEREAS, NGST and Buyer
desire to amend the Agreement in order to provide for the following modifications. 
  
 NOW THEREFORE, the parties agree to amend the Agreement as follows: 
  

	1.	Substitute the name NORTHROP GRUMMAN SPACE & MISSION SYSTEMS CORP., BY AND THROUGH NORTHROP GRUMMAN SPACE TECHNOLOGY (“NGST”) for the name TRW wherever it appears in
the Agreement. 

  

	2.	Modify Section 5.1 - Method of Payment for NGST remittance information: 

  

			
	 By Mail
	 	By Wire Transfer
	 Northrop Grumman Space &
	 	Bank: JPMorgan Chase Bank, New York
	 Mission Systems Corp. – ST
	 	ABA No.: 021000021
	 P.O. Box 601040
	 	Account No.: 323397387
	 Los Angeles, CA 90060-1040
	 	 Account Name: Northrop Grumman S&MS Corp. –
 Space Technology


  
 The above changes constitute Contract
Change Notice Amendment No. 08 to the Agreement. Except as expressly provided herein above all other terms and conditions of the Agreement shall apply herein and remain in full force and effect as previously agreed to between Buyer and NGST. In the
event of any conflict between the terms of this Amendment and those of the Agreement, the terms of this Amendment will be deemed to have superseded those of the Agreement and exclusively will govern the matter in question. 
  

									
	Sirenza Microdevices, Inc.	 	 	 	Northrop Grumman Space & Mission Systems Corp.
					
	 By:
	 	 /s/ Guy Krevet
	 	 	 	 By:
	 	/s/ Paul U. Klintworth
	 	 	
	 	 	 	 	 	

					
	 Name:
	 	 Guy Krevet
	 	 	 	 Name:
	 	Paul U. Klintworth
	 	 	
	 	 	 	 	 	

					
	 Title:
	 	 V. P. Operation
	 	 	 	 Title:
	 	Contracts Manager, NGST
	 	 	
	 	 	 	 	 	

					
	 Date:
	 	 7-17-03
	 	 	 	 Date:
	 	07-15-2003
	 	 	
	 	 	 	 	 	


  
 Standard Foundry Services Agreement -
Approved 11/97
**Exhibit 32.1**

 

ISONICS CORPORATION

 

Certification pursuant to 18 U.S.C. §1350

Principal Executive Officer

 

                Tomy knowledge: the quarterly report on Form 10-Q for the period ended October 31,2007, containing financial statements for the period then ended, fully complieswith the requirements of Section 13(a) of the Securities Act of 1934;and the information contained in the Form 10-Q fairly presents, in allmaterial respects, the financial condition and results of operations of IsonicsCorporation for the periods presented.

 

December 17,2007

 
| /s/ John Sakys                          |   |
|-----------------------------------------|--------|
| John Sakys, interim Chief Executive     |
| Officer and Principal Executive Officer |

 

----
#### The People of the State of New York, Respondent, v Matthew D. Whitley, Appellant.

[808 NYS2d 821]

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered April 21, 2004, convicting defendant upon his plea of *guilty*of the crimes of criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the fifth degree.

*1025Defendant waived his right to appeal and pleaded guilty to criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the fifth degree in satisfaction of a five-count indictment. Defendant was sentenced to a prison term of four years for the weapon conviction and a concurrent term of lVs to 4 years, followed by three years of postrelease supervision, for the drug possession conviction. On appeal, defense counsel seeks to be relieved of his assignment as counsel on the ground that there are no nonfrivolous issues that can be raised on appeal. Based upon our review of the record, we agree. The judgment is, accordingly, affirmed and defense counsel’s application to withdraw granted *(see People v Cruwys,*113 AD2d 979 [1985], *lv denied*67 NY2d 650 [1986]; *see generally People v Stokes,*95 NY2d 633 [2001]).

Mercure, J.P., Crew III, Peters, Rose and Kane, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.
178 La. 417

#### CITY OF SHREVEPORT v. TAYLOR.

No. 32590.

Supreme Court of Louisiana.

Nov. 27, 1933.

Claude B. Prothro, Asst City Atty., of Shreveport, for appellant.

Murff & Perkins,'of Shreveport, for appel-lee.

ST. PAUL, Justice.

The defendant was charged with violating an ordinance of the city of Shreveport requiring all persons moving or transferring personal effects, household goods, etc., from one address in the city to another address to report same to the chief of police in writing. The trial judge discharged the accused on the ground that the ordinance was ultra vires, giving ihis reasons as follows:

“Under section 11, subd. 6, Act No. 158 of 1898 (City Charter), the city could regulate ‘The proper government of carts, drays, .wagons and other vehicles of every description, freight locomotives, passenger and street cars,’ etc. [But]

“In 1912, under Act No. 220, § 1, subd. 8, the above act was amended, and the city was given authority to regulate draymen, cart-men, automobiles, express vehicles of every description used and employed for hire. [Hence]

“The court is of the opinion that the city of Shreveport could only regulate vehicles used for hire, and the ordinance in question does not read that way.”

The city of Shreveport appealed.

We think the judgment correct. Under the express terms of the Act of 1912 (No. 220) the city of Shreveport is given authority to regulate only such vehicles as are “employed for hire,” and hence an ordinance which under*639takes to regulate all vehicles regardless of whether or not they are used for hire is ultra vires.

City of New Orleans v. Schick, 167 La. 674, 120 So. 47, has no application. In that case it was held in effect that under the broad powers granted to the city of New Orleans by its charter, Act No. 159 of 1912, §§ 1 and 8, the city of New Orleans had power to regulate all vehicles whether used for hire or not; but, as above said, the city of Shreveport is expressly limited to the regulation of such vehicles only as are used for hire.

Decree.

For the reasons assigned the judgment appealed from is affirmed.
**Exhibit 21.1**

 

**GOLF TRUST OF AMERICA, INC.**

**LIST OF SUBSIDIARIES**

 

GTA GP, Inc., a Maryland corporation

 

GTA LP, Inc., a Maryland corporation

 

Golf Trust of America, L.P., a Delaware limited partnership in whichGTA GP, Inc. is the sole general partner.

 

GTA—Tierra Del Sol, LLC, a South Carolina limited liability company

 

GTA—Black Bear, LLC, a South Carolina limited liability company

 

GTA—Stonehenge, LLC, a South Carolina limited liability company

 

GTA—IB, LLC, a Florida limited liability company

 

GTA—IB Operations, LLC, a Florida limited liability company

 

GTA—IB Management, LLC, a Florida limited liability company

 

GTA—IB Condominium, LLC, a Florida limited liability company

 

GTA—IB Golf Resort, LLC, a Florida limited liability company

 

Golf Host Securities, Inc., a Florida corporation

 

----
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          528000
<SECURITIES>                                     59000
<RECEIVABLES>                                   507000
<ALLOWANCES>                                         0
<INVENTORY>                                     248000
<CURRENT-ASSETS>                               1374000
<PP&E>                                        45458000
<DEPRECIATION>                                21224000
<TOTAL-ASSETS>                                25963000
<CURRENT-LIABILITIES>                          1332000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        258000
<OTHER-SE>                                    12812000
<TOTAL-LIABILITY-AND-EQUITY>                  25963000
<SALES>                                         827000
<TOTAL-REVENUES>                                854000
<CGS>                                           516000
<TOTAL-COSTS>                                   516000
<OTHER-EXPENSES>                                146000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              147000
<INCOME-PRETAX>                                  45000
<INCOME-TAX>                                     15000
<INCOME-CONTINUING>                              30000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     30000
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6493

DEBRA C. GAUSE, Petitioner – Appellant,

v. WARDEN OF CAMILLE GRIFFIN GRAHAM CORRECTIONAL INSTITUTION, Respondent – Appellee.

Appeal from the United States District Court for the District of South Carolina, at Florence. Patrick Michael Duffy, District Judge. (4:08-cv-00148-PMD)

Submitted: May 21, 2009 Decided: June 1, 2009

Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Debra C. Gause, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Samuel Creighton Waters, Assistant Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Debra C. Gause seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing as untimely her 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El

v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Gause has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

DISMISSED
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 970 Engrossed in House (EH)]

                In the House of Representatives, U. S.,

                                                         June 26, 2008.
Whereas the Chevrolet Corvette is America's first sports car;
Whereas the first production Corvette rolled off a Flint, Michigan, assembly 
        line on June 30, 1953;
Whereas the Corvette is now manufactured in Bowling Green, Kentucky;
Whereas the Corvette is the most widely respected production sports car in 
        United States history;
Whereas the Corvette is truly a symbol of American pride;
Whereas General Motors is celebrating its 100th anniversary in 2008; and
Whereas the 30th of June would be an appropriate day to designate as ``National 
        Corvette Day'': Now, therefore, be it
    Resolved, That the United States House of Representatives supports the 
designation of a ``National Corvette Day'' to honor the Chevrolet Corvette.
            Attest:

                                                                          Clerk.
```
**EXHIBIT
        23**
 
 
 Consent
        of Independent Registered Public Accounting Firm
 
 
 We
        consent to the incorporation by reference in Registration Statement numbers
        333-79561, 333-82805, 333-51188, 333-51190, 333-51192, 333-103625, 333-103626
        and 333-132281 on Form S-8 of our opinion dated May 7, 2007 (November 21,
        2007
        as to the effects of the restatement discussed in Note 2), on the consolidated
        financial statements of Nu Horizons Electronics Corp. and subsidiaries, as
        of
        February 28, 2007 and for the years ended February 28, 2007 and 2006 included
        in
        the Corporation’s annual report on Form 10-K for the fiscal year ended February
        29, 2008.
 
 
 /s/LAZAR
        LEVINE & FELIX LLP
 Certified
        Public Accountants
 
 New
        York, New York
 May
        12, 2008
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

May 12, 2009 

p0512 

Order 

 

May 12, 2009 

138829 & (101) 

 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 138829 

 COA: 280428 

Wayne CC: 07-007351-01 

TERRY WILLIAMS, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the motion for immediate consideration is GRANTED. 

The application for leave to appeal the March 5, 2009 judgment of the Court of Appeals 

is considered, and it is DENIED, because we are not persuaded that the question 

presented should be reviewed by this Court.
#### Frank FOUNTAIN, Jr., Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida. Division B.

March 9, 1955.

PER CURIAM.

Affirmed.