alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Estate of Lorenzo Misuraca, Deceased.

Surrogate’s Court, Kings County,

February 21, 1957.

*879*McDermott, Turner & Hart*for petitioner.

*Joseph Liss*for Vincent Misuraca, objectant.

*Ida Cook Farber,*special guardian for infants.

Maximilian Moss, S.

The testator herein died in Casablanca, French Protectorate of Morocco. The petition for probate of his will recited that he last resided in this county, ‘ ‘ was a citizen of the United States and intended to return to Kings County which he regarded as his permanent residence. ’ ’ Testator died possessed of personal property within the County of Kings. The allegations contained in the petition were sufficient to confer jurisdiction to entertain the probate proceeding (Surrogate’s Ct. Act, § 45, subds. 2, 3). Two of the testator’s distributees by answer asserted that he died a resident of Casablanca, French Protectorate of Morocco.

The decree granting probate of the testator’s will reserved the question of the determination of his domicile until the executor’s accounting. The executor has filed an intermediate account and prays that the testator’s domicile be determined; and that his personal claim against testator be allowed. A hearing was held in respect of the relief sought; and the court is satisfied on the proofs presented that testator died a domiciliary of Casablanca, French Protectorate of Morocco. The validity and effect of the testator’s disposition of personalty are governed by the law of that country *(Matter of Gifford,*279 N. Y. 470; *New Yorh Life Ins. & Trust Co.*v. *Viele,*161 N. Y. 11; 2 Beale on Conflict of Laws, § 306.1, pp. 1034-1035).

The testator was survived by five children, one of whom was legitimated by a judgment entered on March 10, 1952 in the Consular Court at Casablanca, French Morocco; and the issue of a son, who predeceased the testator. The French Code Articles (§§ 758, 913) which govern the distribution to be made herein, makes it mandatory that three fourths of this estate be distributed among his sons living at his death and the descendants of his predeceased son. Bach son is *880counted as one heir, the heirs of the predeceased son, as one heir, while the legitimated son is entitled to one-half share of a legitimate child. Distribution in this instance shall be made in the following portions, to wit: to each son 2/llths of %ths of the estate, a similiar share is to be equally divided among the issue of the predeceased son and 1/llth of %ths of the said estate to the legitimated son. Since the trusts created by the will are not recognized by the governing domiciliary law, the remaining one fourth shall be distributed as outright gifts in equal shares to the named infant beneficiaries. In making the distributions indicated appropriate credits are to be taken for any payments made on account to any of the parties in interest.

The application for allowance of personal claim is denied without prejudice to the submission of a supplemental account correctly reflecting the adjusted claim under schedule “ C ” thereof. Settle decree on notice.
CALVIN CARVER,

Petitioner,

v.

STATE OF FLORIDA,

Respondent.

___________________________/

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-3361

Opinion filed October 5, 2016.

Petition for Writ of Certiorari -- Original Jurisdiction.

Calvin Carver, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

DENIED.

LEWIS, RAY, and WINSOR, JJ., CONCUR.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                           3,490
<SECURITIES>                                     6,276
<RECEIVABLES>                                    5,976
<ALLOWANCES>                                       156
<INVENTORY>                                      1,394
<CURRENT-ASSETS>                                21,295
<PP&E>                                          12,223
<DEPRECIATION>                                   7,575
<TOTAL-ASSETS>                                  31,961
<CURRENT-LIABILITIES>                            6,042
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           123
<OTHER-SE>                                      26,136
<TOTAL-LIABILITY-AND-EQUITY>                    31,961
<SALES>                                         23,440
<TOTAL-REVENUES>                                43,379
<CGS>                                            8,500
<TOTAL-COSTS>                                   15,954
<OTHER-EXPENSES>                                22,660
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   8
<INCOME-PRETAX>                                  5,505
<INCOME-TAX>                                     2,357
<INCOME-CONTINUING>                              3,148
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,148
<EPS-PRIMARY>                                      .56
<EPS-DILUTED>                                      .51
        

</TABLE>
EXHIBIT
32.2





CERTIFICATION
OF CHIEF FINANCIAL OFFICER


PURSUANT
TO 18 U.S.C. SECTION 1350, AS ADOPTED


PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Robert
Scherne, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of New
Generation Holdings, Inc. on Form 10-Q for the quarter ended March 31, 2009
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Form 10-Q fairly
presents in all material respects the financial condition and results of
operations of New Generation Holdings, Inc.




/s/
      Robert ScherneRobert
      Scherne
                  Interim
      Chief Financial Officer
                  New
      Generation Holdings,
Inc.


May 15,
2009
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 this amendment to annual report of Heritage Bankshares, Inc. (the Company) on Form 10-K/A (Amendment No. 1) for the year ending December 31, 2008, as filed with the Securities Exchange Commission (the
Report), I, John O. Guthrie, Chief Financial Officer of the Company, do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 results of operations of the
Company.



|                   |  |                        
|------------------ |  | -----------------------
|Date: May 14, 2009 |  | /s/ John O. Guthrie    
|                   |  | John O. Guthrie,       
|                   |  | Chief Financial Officer



37
**EXHIBIT 32.2**

 

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF2002

 

In connection with the Annual Report of Ciprico Inc. (the “Company”) onForm 10-KSB for the Year ended September 30, 2007 as filed with theSecurities and Exchange Commission (the “Report”), I, Monte S. Johnson, ChiefFinancial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, asadopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)           The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)           The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| Dated:  December 26, 2007 | /s/  Monte S. Johnson    |
|--------------------------------|--------------------------|
|                           | Monte  S. Johnson        |
|                           | Chief  Financial Officer |

 

1

----
Exhibit 99.3 Independent Accountants Report The Board of Directors HSBC Finance Corporation: We have examined managements assertion that the servicing of private label credit card receivables owned by HSBC Private Label Credit Card Master Note Trust (USA) I (the receivables) has been conducted by HSBC Finance Corporation, as Servicer, in compliance with the terms and conditions as set forth in Article III and Section 5.08 of the Amended and Restated Transfer and Servicing Agreement dated August 11, 2006 (the Agreement), as supplemented by the Series 2002-2 Series Supplement, as of and for the year ended December 31, 2006. HSBC Finance Corporations management is responsible for the assertion.  Our responsibility is to express an opinion on managements assertion based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence supporting that the servicing of receivables has been conducted in compliance with the terms and conditions as set forth in Article III and Section 5.08 of the Agreement, as supplemented, and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. In our opinion, management's assertion that the servicing of the receivables has been conducted by HSBC Finance Corporation, as Servicer, in compliance with the terms and conditions as set forth in Article III and Section 5.08 of the Amended and Restated Transfer and Servicing Agreement dated August 11, 2006, as supplemented, as of and for the year ended December 31, 2006 is fairly stated, in all material respects. This report is intended solely for the information and use of the addressee and is not intended to be and should not be used by anyone other than this specified party. /s/ KPMG LLP Chicago, Illinois March 5, 2007     Management Assertion  As of and for the year ended December 31, 2006, the servicing of private label credit card receivables owned by HSBC Private Label Credit Card Master Note Trust (USA) I has been conducted by HSBC Finance Corporation, as Servicer, in compliance with the terms and conditions as set forth in Article III and Section 5.08 of the Amended and Restated Transfer and Servicing Agreement dated August 11, 2006, as supplemented by the Series 2002-2 Series Supplement.   On behalf of the Servicer

/s/ Joyce BevacquaJoyce BevacquaServicing OfficerHSBC Finance CorporationMarch 5, 2007DateOn behalf of HSBC Private Label Corporation, as subservicer for the Servicer

/s/ Asim MajeedAsim MajeedVice President and
Chief Financial Officer and TreasurerHSBC Private Label Corporation
March 5, 2007Date
        /s/ Charles ColipCharles ColipExecutive Vice PresidentHSBC Private Label Corporation

March 5, 2007Date
OFFICER'S CERTIFICATE PURSUANT TO SECTION 3.18 OF THE POOLING AND SERVICING
                      AGREEMENT DATED AS OF MARCH 26, 2002


                    BANK OF AMERICA MORTGAGE SECURITIES, INC.
                MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2002-3


I, Robert S. O'Neill, Senior Vice President of Bank of America, N.A. (the
"Servicer"), the Servicer in connection with Mortgage Pass-Through Certificates
Series 2002-3, do hereby certify that (i) a review of the activities of the
Servicer during the preceding calendar year and of its performance under this
Agreement (the "Agreement") has been made under my supervision, (ii) to the best
of my knowledge, based on such review, the Servicer has fulfilled in all
material aspects its obligations under the Agreement throughout such year.

Certified on this 4th day of March 2003.

                                       BANK OF AMERICA, N.A.


                                       By:
                                          ------------------------------
                                            Name:  Robert S. O'Neill
                                            Title: Senior Vice President


Inv D32
Exhibit 32

Chief Executive and Financial Officer Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

CERTIFICATION 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 (as adopted  pursuant to Section 906 of the
Sarbanes-Oxley  Act of  2002),  I, the  undersigned  Chief  Executive  and Chief
Financial Officer of Mortgage  Assistance Center  Corporation,  (the "Company"),
during the period covered by this report, hereby certify that, to the best of my
knowledge,  the  Quarterly  Report on Form  10-QSB of the Company for the period
ended June 30, 2006 (the  "Report")  fully  complies  with the  requirements  of
section  13(a)  or  15(d)  of the  Securities  Exchange  Act of  1934  and  that
information  contained in the Report fairly presents,  in all material respects,
the  financial  condition  and results of  operation  of the  Company.  A signed
original of this written statement  required by Section 906 has been provided to
the  registrant  and will be retained by it and furnished to the  Securities and
Exchange Commission or its staff upon request.


November 14, 2006                         MORTGAGE ASSISTANCE CENTER CORPORATION


                                           /s/ Dale Hensel
                                          --------------------------------------
                                          By: Dale Hensel
                                          Title: President, CEO, CFO
                                          (Principal Executive Officer and
                                          Principal Financial Officer)
#### Robert CUNNINGHAM v. CITY OF TALLADEGA.

7 Div. 130.

Court of Appeals of Alabama.

June 4, 1935.

SAMEORD, Judge.

Affirmed.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Honorable R. Brooke Jackson

Civil Action No. 11-CV-2542-RBJ-KMT

BEVERLY J. PRICE,

Plaintiff,

v.

CENTURYTEL OF COLORADO, INC., d/b/a Century Link, f/k/a QWEST 

COMMUNICATIONS COMPANY, LLC,

Defendant.

ORDER TO SET SCHEDULING CONFERENCE

This matter comes before the Court sua sponte. The parties are ordered to set an initial 

scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and 

D.C.COLO.LCivR 16.1 no later than 45 days after all responsive pleadings are filed. Each 

party’s lead trial counsel shall attend the conference. The conference shall be held in Courtroom 

A-702, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. The parties are 

directed to jointly contact Mary DeRosa by telephone at (303) 844-4694 or by email at 

Jackson_Chambers@cod.uscourts.gov to obtain a scheduling conference date. 

A meeting for the purposes of attempting to agree on a scheduling order and satisfying 

the requirements of Fed. R. Civ. P. 26(f) should be held no later than 21 days before the 

proposed scheduling order is tendered. The proposed scheduling order, which should be 

prepared as described in Appendix F to the local rules, should be tendered no later than five days 

before the scheduling conference. The proposed scheduling order should set forth the parties’

agreement or their respective positions on the matters set forth in Appendix F. A copy of 

instructions for the preparation of a scheduling order and a form scheduling order can be 

downloaded from the Court’s website (http://www.cod.uscourts.gov/Forms.aspx).

DATED this 12th day of October, 2011.

BY THE COURT: 

___________________________________

R. Brooke Jackson

United States District Judge

Case 1:11-cv-02542-RBJ Document 4 Filed 10/12/11 USDC Colorado Page 1 of 1
#### Lamar Outdoor Advertising, Inc., Appellant, v City Planning Commission of Syracuse et al., Respondents, et al., Defendants.

[744 NYS2d 283]

Appeal from an order and judgment (one document) of Supreme Court, Onondaga County (Murphy, J.), entered March 16, 2001, which, inter alia, granted the motion of defendants City Planning Commission of *842Syracuse and City of Syracuse seeking summary judgment dismissing the complaint against them.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously modified on the law by denying the motion of defendants City Planning Commission of Syracuse and City of Syracuse, reinstating the complaint against them and vacating the injunction and as modified the order and judgment is affirmed without costs.

Memorandum: Supreme Court erred in granting the motion of the City Planning Commission of Syracuse (Planning Commission) and the City of Syracuse (defendants) seeking summary judgment dismissing the complaint against them based upon the doctrine of res judicata. Plaintiff previously commenced a CPLR article 78 proceeding seeking to annul the determination of the Planning Commission rescinding plaintiffs permit to erect a billboard at 117 Butternut Street. On a prior appeal we affirmed a judgment dismissing that proceeding *(Matter of Lamar Outdoor Adv. v City Planning Commn. of Syracuse,*267 AD2d 972, *lv denied*94 NY2d 763). Contrary to defendants’ contention, that proceeding was timely commenced by the filing of the notice of petition and petition *(see generally*CPLR 304), and it was not dismissed as time-barred. Rather, it was properly dismissed because the notice of petition was defective and insufficient to confer personal jurisdiction over the named respondents. Because that proceeding was dismissed based upon petitioner’s failure to obtain personal jurisdiction and was not dismissed as time-barred, the dismissal is not the equivalent of a final disposition on the merits and the doctrine of res judicata does not apply *(see Kokoletsos v Semon,*176 AD2d 786, 787; *Van Dussen-Storto Motor Inn v Rochester Tel. Corp.,*63 AD2d 244, 249). There is no merit to plaintiffs remaining contentions. We therefore modify the order and judgment by denying the motion of defendants, reinstating the complaint against them and vacating the injunction. Present— Pigott, Jr., P.J., Green, Hurlbutt, Scudder and Burns, JJ.
#### Clint MOORE, Appellant, v. SPANISH RIVER LAND COMPANY, a Florida Corporation, et al., Appellees.

Supreme Court of Florida.

Jan. Term, 1936.

Giles J. Patterson, of Jacksonville, and Williamson & Cain, of West Palm Beach, for appellant.

Gedney, Johnston & Lilienthal and Met-calf & Finch,*all of West Palm Beach, for appellees.

PER CURIAM.

Appeal dismissed on motion of counsel for appellant.
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum

opinions. Please also note that this electronic memorandum opinion may contain

computer-generated errors or other deviations from the official paper version filed by the Court of

Appeals and does not include the filing date. 

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 JANEKA MAYER,

3 Plaintiff-Appellant,

4 v. NO. 35,227

5 SUSAN SMITH,

6 Defendant,

7 and

8 MARILYN JONES, GARY JONES,

9 ROBERT LONG, AND STEPHANIE LONG,

10 Intervenors/Defendants-Appellees.

11 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY

12 Clay Campbell, District Judge

13 Alex Chisholm

14 Albuquerque, NM

15 for Appellant

16 Ronald T. Taylor

17 Albuquerque, NM
2

1 for Appellees

2 MEMORANDUM OPINION

3 WECHSLER, Judge.

4 {1} Plaintiff Janeka Mayer appeals from the district court’s amended judgment and

5 order, entered on October 22, 2015. This Court issued a notice of proposed

6 disposition, proposing to dismiss the appeal for lack of a final order. Plaintiff filed a

7 response, stating that she “accepts the reasoning of the Court in its proposed summary

8 disposition.” Accordingly, and for the reasons stated in our notice of proposed

9 disposition, we dismiss for lack of a final order.

10 {2} IT IS SO ORDERED.

11 ________________________________

12 JAMES J. WECHSLER, Judge

13 WE CONCUR:

14 ________________________________

15 LINDA M. VANZI, Judge

16 ________________________________

17 STEPHEN G. FRENCH, Judge
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02632-CMA-MEH

BARBARA CHURCH, individually, and

BARBARA CHURCH, as Personal Representative of the Estate of William Church,

Plaintiffs,

v.

DANA KEPNER COMPANY, INC.,

Defendant.

MINUTE ORDER

Entered by Michael E. Hegarty, United States Magistrate Judge, on June 22, 2012.

Dana Kepner’s Unopposed Motion to Vacate July 17, 2012 Settlement Conference [filed

June 20, 2012; docket #20] is granted. The Settlement Conference scheduled in this case for July

17, 2012, is hereby vacated. To reschedule the matter, counsel shall teleconference together before

calling my Chambers at (303) 844-4507 to obtain an available date. 

Case 1:11-cv-02632-CMA-MEH Document 22 Filed 06/25/12 USDC Colorado Page 1 of 1
Exhibit 32.02

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 Sbarro, Inc. (the Company) on Form 10-Q for
the period ended June 29, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Anthony J. Puglisi, Vice President-Chief Financial Officer of the Company, certify, to the best of my knowledge,
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 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 8, 2008



|                                          
|------------------------------------------
|/s/ Anthony J. Puglisi                    
|Anthony J. Puglisi                        
|Vice President and Chief Financial Officer
|Principal Financial Officer               

NOTE: A signed original of this certification 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.