alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Commissioner of Social Services, on Behalf of Patrizia Galimberti, Respondent, v Robert Skillman, Appellant.

[745 NYS2d 707]

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County (Klein, J.), entered April 4, 2001, which denied his objections to an order of the same court (Kava, H.E.), entered December 18, 2000, which, after a hearing, inter alia, directed him to pay $3,214 in child support arrears.

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

We agree with the father’s contention that his time to file objections to the original order of support of the Family Court, Westchester County (Guido, H.E.), entered in December 1999, did not begin to run until he was served with a copy of that order *(see Matter of Canfield v Canfield,*185 AD2d 611; *Matter of Stone v Schlegal,*132 Misc 2d 808, 809). However, the record establishes that the Family Court did, in effect, review the merits of the father’s objections to that order, which were *551raised in his objections to the order entered December 18, 2000. In any event, there is no merit to the father’s claim that the Hearing Examiner’s determination to impute income to him was based upon her mistaken conclusion that he voluntarily left his former employment to become a self-employed fitness instructor. The father’s objections filed with the Family Court failed to support his contention that the Hearing Examiner’s conclusion was not supported by the evidence before her at the original hearing *(cf Matter of Commissioner of Social Servs. [Selena S.] v Conrad R.W.,*222 AD2d 585, 586). Florio, J.P., Friedmann, H. Miller and Crane, JJ., concur.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-7171

PAMELA J. ANDERSON,

Plaintiff - Appellant,

versus

JEFFERY DILLMAN, Assistant Warden, Operations,

Fluvanna Correctional Center for Women; ROBERT

ARMSTRONG, Institutional Investigator,

Fluvanna Correctional Center for women;

PATRICIA HUFFMAN, Warden, Fluvanna

Correctional Center for Women; MELISSA

HOUCHENS, inmate Hearings Officer, FCCW, sued

in official and individual capacity; PAUL

RICE, Treatment Program Supervisor, FCCW, sued

in his official and individual capacities; KIM

WARE, Secretary, sued in her official and

individual capacity; TRACY MEYERHOFFER,

Grievance Coordinator and Human Rights

Advocate, FCCW, sued in official and

individual capacities; E. R. BARRACK,

Representative, Investigative Unit of DOC

Internal Affairs, sued in his official and

individual capacities; LAURA ANDERSON, Acting

Principal of Department of Correctional

Education, sued in her official and individual

capacities; COURTNEY DAVIS, Counselor, sued in

her official and individual capacities; DONNA

ANDERSON, Unit Manager, sued in her official

and individual capacities; LARRY HUFFMAN,

Regional Director, DOC’s Northern Regional

Office #2; DEWEY JENNINGS, Officer, Operation,

FCCW; DEREK ANDERSON, Major, Heal of Security,

FCCW,

Defendants - Appellees.
2
3

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. Samuel G. Wilson, Chief District

Judge. (CA-01-768-7)

Submitted: January 31, 2003 Decided: February 14, 2003

Before WILKINS, WILLIAMS, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Pamela J. Anderson, Appellant Pro Se. Mark Ralph Davis, OFFICE OF

THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Pamela J. Anderson appeals the district court’s order denying

relief on her 42 U.S.C. § 1983 (2000) complaint. We have reviewed

the record and find no reversible error. Accordingly, we grant the

motion for leave to proceed in forma pauperis and affirm on the

reasoning of the district court. See Anderson v. Dillman, No. CA01-768-7 (W.D. Va. July 19, 2002). 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.
4

AFFIRMED
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-01731-CMA-MJW

AMANDA SULLIVAN, individually, and as Personal Representative of the Estate of

Kiera Sullivan, a minor, deceased, and

CHRISTOPHER SULLIVAN, individually, and as Personal Representative of the Estate

of Kiera Sullivan, a minor, deceased, 

Plaintiff(s),

v.

DELTA ENTERPRISE, CORP.,

Defendant(s).

MINUTE ORDER 

Entered by Magistrate Judge Michael J. Watanabe

It is Unopposed Motion for Entry of Stipulated Protective Order (docket no. 13), is

GRANTED finding good cause shown. The written Stipulated Protective Order (docket

no. 13-1) is APPROVED as amended in paragraph IX and made an Order of Court.

Date: December 19, 2011

Case 1:11-cv-01731-CMA-MJW Document 15 Filed 12/19/11 USDC Colorado Page 1 of 1
#### John F. Ruane, Plaintiff, *v.*Raymond Smith, Defendant.

Supreme Court, Special Term, Oneida County,

February 28, 1957.

*Francis P. Valone*for plaintiff.

*John P. Gualtieri*for defendant.

Donald P. Gorman, J.

A binding option is a contract, but it is also an offer wMch when accepted will create another contract. The acceptance *“*must comply with the terms of the *367offer.” *(Gram*v. *Mutual Life Ins. Co. of N. Y.,*300 N. Y. 375, 382.)

This is an action for damages for a breach of such a contract. The present motion is for summary judgment pursuant to subdivision 4 of rule 113 of the Buies of Civil Practice upon the ground that there is no defense to the action. The complaint and motion rely upon the alleged conclusiveness of rule 92 of the Buies of Civil Practice. In addition to certain admissions and general denials, the answer denies the general allegations of due performance and capacity. No affirmative defense is pleaded.

Buie 92 cannot demand comprehensive denials in the absence of allegations referring to some act or performance sufficient to focus attention. Comparison with the moving affidavit points up the defendant’s dilemma and the unreasonableness of the plaintiff’s contention. Plaintiff’s affidavit exceeds the pleadings and presents issues not suggested therein. It refers to matters of evidence which may have a bearing upon contractual construction and the intention of the parties. Whether the plaintiff offered to pay and whether he offered to pay with present intention and ability to make the express payment in cash cannot be decided upon the instant papers. Whether any tender was necessary presents at this time a mixed question of fact and law. (See *Allen*v. *Corby,*59 App. Div. 1.) The purported tender included in the written notice is inconsistent with the terms of the option. The conclusory allegation of acceptance is qualified by inference of a counteroffer and due performance by preventative acts. The papers indicate equivocal acts inferring issues which should require further proof. Under such circumstances, the rule that mere denials are insufficient to raise an issue upon a motion for summary judgment is not deemed applicable.

In an action for breach of contract the plaintiff must show that he has done what he was required to do. *(Greene*v. *Barrett, Nephews & Co.,*238 N. Y. 207.) Tender of performance on the part of the vendee is only excused where ‘ ‘ the vendor has absolutely disabled himself from performing on his part ”. *(Higgins*v. *Eagleton,*155 N. Y. 466, 473; *Ziehen*v. *Smith,*148 N. Y. 558.)

Buie 92 is not intended to dispense with the requirements of proper pleading nor does it apply to every situation. *(Triple Cities Constr. Co.*v. *Dan-Bar Contr. Co.,*309 N. Y. 665.) If this be an appropriate case for the application of rule 92, its effectiveness must await the conduct of the trial.

The motion for summary judgment is denied.
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.
 Small Business Administration [Disaster Declaration # 11451]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Mississippi ( FEMA-1794-DR),  dated 09/22/2008. *Incident:*
                         Hurricane Gustav. *Incident Period:*
                         08/28/2008 through 09/08/2008.
 DATES: *Effective Date:*
                         09/22/2008. *Physical Loan Application Deadline Date:*
                         11/24/2008. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         06/22/2009.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration,  Processing and Disbursement Center,  14925 Kingsport Road,  Fort Worth,  TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar,  Office of Disaster Assistance,  U.S. Small Business Administration,  409 3rd Street,  SW.,  Suite 6050,  Washington,  DC 20416.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 09/22/2008,  Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                     Adams,  Amite,  Claiborne,  Copiah,  Forrest,  Franklin, George, Hancock,  Harrison, Jackson, Jefferson, Jefferson Davis,  Lawrence, Lincoln, Marion, Pearl River,  Pike, Stone, Walthall, Wilkinson. *Contiguous Counties/Parishes (Economic Injury Loans Only):* Mississippi: Covington, Greene, Hinds, Jones,  Lamar, Perry, Rankin, Simpson,  Warren. Alabama: Mobile, Washington. Louisiana: Concordia, East Feliciana, St. Helena,  St. Tammany,  Tangipahoa, Tensas, Washington, West Feliciana. *The Interest Rates are:* PercentOther (Including Non-Profit Organizations) with Credit Available Elsewhere
5.250Businesses and Non-Profit Organizations without Credit Available Elsewhere
4.000
 The Number Assigned to this Disaster for Physical Damage and Economic Injury is 11451. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance.


[FR Doc. E8-23430 Filed 10-3-08; 8:45 am] BILLING CODE 8025-01-P
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Honorable Marcia S. Krieger

Civil Action No. 11-cv-01735-MSK-MJW

PENUDM LLC, a Colorado limited liability company,

Plaintiff,

v.

ATM WORLD CORP., a New York state corporation;

FAM CAPITAL GROUP, a New York state corporation; and

JOHN DOE CORPORATIONS 1 THROUGH 10,

Defendants.

ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN

EVIDENTIARY HEARINGS AND TRIALS

IT IS ORDERED that, as to any exhibits and depositions used during evidentiary

hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and

depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60

days beyond the later of the time to appeal or conclusion of any appellate proceedings. The

Court will retain its copy of the exhibits for the same time period after which the documents will

be destroyed.

Case 1:11-cv-01735-MSK-MJW Document 3 Filed 07/08/11 USDC Colorado Page 1 of 2
DATED this 8th day of July, 2011.

BY THE COURT:

Marcia S. Krieger

United States District Judge

Case 1:11-cv-01735-MSK-MJW Document 3 Filed 07/08/11 USDC Colorado Page 2 of 2
Case 1:11-cv-02222-LTB Document 3 Filed 09/06/11 USDC Colorado Page 1 of 3
Case 1:11-cv-02222-LTB Document 3 Filed 09/06/11 USDC Colorado Page 2 of 3
Case 1:11-cv-02222-LTB Document 3 Filed 09/06/11 USDC Colorado Page 3 of 3
<PAGE>

                                                                    EXHIBIT 32.1


              SECTION 1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER

         In connection with the Quarterly Report of CDSI Holdings Inc. (the
"Company") on Form 10-QSB for the period ended March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Richard
J. Lampen, 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.




May 12, 2005                           /s/ Richard J. Lampen
                                       -----------------------------------------
                                       Richard J. Lampen
                                       Chairman and Chief Executive Officer
#### In the Matter of Taleah C. Suffolk County Department of Social Services, Respondent; Isaac C., Appellant.

[744 NYS2d 717]

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of abandonment, the father appeals from an order of the Family Court, Suffolk County (Pach, J.), entered March 23, 2001, which, after a hearing, found that he had abandoned the child and terminated his parental rights.

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

The Family Court properly determined that there was clear and convincing evidence of the appellant father’s abandonment of his child based on his failure to visit the child or communicate with the petitioner agency during the six-month pe*460riod before the filing of the petition (see Social Services Law § 384-b [4] [b]; [5] [a]). The father did not establish that he was unable to contact either the child or the agency, or that he was discouraged by the agency *from*making contact *(see Matter of Catholic Child Care Socy. of Diocese of Brooklyn,*112 AD2d 1039, 1040; *Matter of Anthony M.,*195 AD2d 315). Santucci, J.P., S. Miller, Goldstein and Townes, JJ., concur.
* Pursuant to Local Rule 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 Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-60246 Summary Calendar

GARRY LEE MOORE, Plaintiff-Appellant,

versus MONROE COUNTY, MISSISSIPPI, ET AL, Defendants, JIMMY KIRKPATRICK; FRANK “PAT” PATTERSON; ARTEY MARTIN; PORTER ROBERTS; RAY TUCKER; C. E. HENLEY; DELNA FRANCIS, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi

USDC No. 1:90-CV-270

- - - - - - - - - - July 18, 1996 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM: * Garry Lee Moore, #65396, appeals from the district court’s grant of judgment as a matter of law dismissing his claims of inadequate medical care, denial of access to the courts, inadequate protection against abuse by a fellow inmate, andNo. 95-60246 - 2 - punishment without a disciplinary hearing. We have reviewed the record and find no reversible error. Portis v. First Nat’l Bank of New Albany, Miss. , 34 F.3d 325, 327 (5th Cir. 1994); Hare v. City of Corinth , 74 F.3d 633, 639 (5th Cir. 1996) (en banc); Walker v. Navarro County Jail , 4 F.3d 410, 413 (5th Cir. 1993). The judgment is AFFIRMED.
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.                  

###### General Services Administration

# AGENCY:

Office of Governmentwide Policy, General Services Administration (GSA). 

# ACTION:

Notice.

# SUMMARY:

The General Services Administration (GSA) is announcing the 2008 Travel and Relocation Innovation Award. This award will recognize masters of travel and/or relocation management. 

# FOR FURTHER INFORMATION CONTACT:

                        Go to GSA's 2008 Travel and Relocation Innovation Award at                         *http://www.gsa.gov/​travelrelocationaward*                         or contact Jane Groat, Travel Management Policy, Office of Travel, Transportation, and Asset Management (MT), General Services Administration, Washington, DC 20405, (202) 501-4318,                         *jane.groat@gsa.gov*.                     

# SUPPLEMENTARY INFORMATION:

The Federal Travel Regulation is contained in Title, 41 Code of Federal Regulations (14 CFR Chapters 300 through 304), and implements statutory requirements and executive branch policies for travel and relocation by Federal civilian employees and others authorized to travel and relocate at Government expense. 

GSA announces an award to recognize and honor excellence in Federal travel and relocation. This award, available to all Federal employees, will honor individuals and/or teams. In addition to cash awards, one or more entries may receive honorable mention. Entries must be received no later than March 31, 2008. 

                    Announcement and presentation of winners will be at the National Travel Forum 2008 (June 3-6, 2008; Atlanta, GA;                     *http://www.nationaltravelforum.org*).                 

Dated: January 29, 2008. 

Patrick McConnell, 

Acting Director, Travel Management Policy.

[FR Doc. E8-2217 Filed 2-6-08; 8:45 am] 

BILLING CODE 6820-14-P
Exhibit 32

PARADISE MUSIC & ENTERTAINMENT, INC.
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 Paradise Music &
Entertainment, Inc. (the "Company") on Form 10-Q for the period ended
March 31, 2008, as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), I, Richard P. Rifenburgh, the Chairman of
the Board (Principal Executive Officer, Principal Financial Officer,
Principal Accounting Officer), hereby 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 result of operations
of the Company.

       /s/ Richard P. Rifenburgh
     -------------------------------
       Richard P. Rifenburgh
       Chairman of the Board
     (Principal Executive Officer,
	Principal Financial Officer,
       Principal Accounting Officer)


Date: March 24, 2009
**EXHIBIT 32.2**
CHIEF FINANCIAL OFFICER CERTIFICATION OF PERIODIC REPORT UNDER SECTION 906 OF THE SARBANES-OXLEY ACT
I, James D. Constantine, Executive Vice President and Chief Financial andAdministrative Officer of Factory Card & Party Outlet Corp. (the“Company”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18U.S.C. Section 1350, that:
  (1) the Quarterly Report on Form 10-Q of the Company for the quarter endedJuly 31, 2004 (the “Report”) fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.78m or 78o(d)); and   (2) the information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations ofthe Company.
Dated: September 9, 2004       /s/ James D. Constantine  James D. Constantine  Executive Vice President and Chief Financial and Administrative Officer
33

C.2. Expected Farm Loan Volume for the Next Quarter, Compared with a Year EarlierPercent

Purpose of loan

Total Feeder cattle Dairy Crop storage Operating 

Quarter Lower Same Higher Lower Same Higher Lower Same Higher Lower Same Higher Lower Same Hig

Seventh (Chicago) Federal Reserve District (IL*, IN*, IA, MI*, WI*)

2004: Q3... 13 60 27 27 64 9 15 79 6 12 66 22 11 58 

 Q4... 9 58 33 14 75 10 12 81 7 10 77 13 10 50 2005: Q1... 9 61 30 16 72 12 11 80 9 12 78 9 9 52  Q2... 14 62 24 21 70 9 12 82 7 18 68 15 9 58  Q3... 10 57 33 16 73 11 7 89 5 14 63 23 9 42  Q4... 10 51 39 17 65 17 12 83 5 17 67 16 7 39 2006: Q1... 8 55 37 21 72 7 12 81 7 17 63 19 7 39  Q2... 16 55 29 15 78 7 13 80 7 15 60 25 10 49  Q3... 12 58 30 17 71 11 15 77 9 11 60 28 8 45 

Eleventh (Dallas) Federal Reserve District (LA*, NM*, TX)

2004: Q3... 16 61 23 23 61 16 11 84 4 7 83 10 9 64 

 Q4... 12 71 17 13 72 15 11 89 0 9 84 7 7 74 2005: Q1... 12 69 19 19 66 15 16 80 4 11 84 5 11 68  Q2... 15 69 15 15 74 12 13 80 2 8 82 5 10 72  Q3... 12 67 21 17 68 15 12 81 1 7 83 5 8 70  Q4... 12 73 15 17 64 19 12 79 4 13 76 6 12 69 2006: Q1... 23 58 19 25 67 8 12 83 5 14 83 3 21 62  Q2... 25 61 14 35 61 4 11 82 2 13 77 5 20 58  Q3... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 

Fifth (Richmond) Federal Reserve District (MD, NC, SC, VA, WV*)

2004: Q3... 30 61 9 22 67 11 32 63 5 39 57 4 23 69 

 Q4... 22 65 13 18 71 12 17 72 11 13 78 9 20 60 2005: Q1... 18 73 9 19 71 10 14 81 5 4 96 0 16 68  Q2... 11 67 22 7 87 7 27 73 0 19 81 0 11 67  Q3... 24 71 5 6 89 6 13 88 0 11 11 0 5 19  Q4... 28 61 11 14 71 14 20 80 0 13 75 13 26 58 2006: Q1... 21 63 16 19 69 13 19 81 0 22 72 6 23 68  Q2... 16 74 11 0 87 13 21 79 0 13 81 6 21 68  Q3... 47 53 0 29 64 7 31 69 0 31 69 0 42 58  * State falls only partly within the indicated Reserve District. Source. Federal Reserve Bank quarterly surveys of agricultural credit conditions at commercial banks.
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 08-cr-142-PB

Kyle Kimball

O R D E R

Defendant, Kyle Kimball, through counsel, has moved to

continue the trial scheduled for April 7, 2009, citing the need

for additional time to complete discovery and engage in plea

negotiations. The government does not object to a continuance of

the trial date.

Accordingly, for the above reasons and to allow the parties

additional time to properly prepare for trial, the court will

continue the trial from April 7, 2009 to May 5, 2009. 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 1:08-cr-00142-PB Document 14 Filed 03/26/09 Page 1 of 2
2

The March 26, 2009 final pretrial conference is continued to

April 22, 2009 at 3:45 p.m.

SO ORDERED.

/s/Paul Barbadoro 

Paul Barbadoro

United States District Judge

March 26, 2009

cc: Jessica Brown, Esq.

Kenneth Perkes, Esq.

United States Probation

United States Marshal

Case 1:08-cr-00142-PB Document 14 Filed 03/26/09 Page 2 of 2