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

Surrogate’s Court, New York County,

December 27, 1956.

*763
      *Jay Leo Rothschild*and *Leonard II. Bernstein*for Evelyn H. Seskis and others, as executors, petitioners.

*Arthur II. Schwarts,*special guardian for Terry I, Seskis and another, infants, respondents.

George Frankenthalbr, S.

The objection of the special guardian to payments totalling $24,973.10, on account of a purported obligation of the decedent to his daughter, is sustained. The undisputed facts do not establish any legal obligation upon the executors to make this payment. The alleged obligation is premised entirely upon oral statements of the decedent before and after his daughter’s marriage. If the words of the decedent were expressive of an intention to make a wedding gift to his daughter, the fact is that a gift was never consummated by him in his lifetime. If the decedent’s statements are regarded as contractual in nature, any agreement upon his part is void under the Statute of Frauds because there concededly is neither a note nor written memorandum thereof. (Personal Property Law, § 31, subd. 3; *Papaioannou*v. *Britz,*285. App. Div. 596.) Contrary to the assumption of the executors, it is not their prerogative to refuse to invoke the Statute of Frauds and thereby deprive beneficiaries under a will of the benefit of the statute. *(Matter of Rogers,*249 App. Div. 762, motion for leave to appeal denied 274 N. Y. 642.)

The executors improperly paid themselves sums on account of their commissions in violation of sections 285 and 285-c of the Surrogate’s Court Act, and contrary to the many decisions holding that, in the absence of explicit statutory permission, commissions are not payable to an executor or other testamentary fiduciary unless and until they are allowed by the court. *(Beard*v. *Beard,*140 N. Y. 260; *Matter of Worthington,*141 N. Y. 9; *Oakeshott*v. *Smith,*104 App. Div. 384, affd, 185 N. Y. 583; *Matter of Furniss,*86 App. Div. 96; *Matter of Eno,*92*764Misc. 658; *Matter of Hoff,*186 Misc. 684, 686.) The fee of the attorney-executor is allowed in the amount requested. The prepayment of a portion of this fee also was improper. *(Matter of Maas,*38 N. Y. S. 2d 261; *Matter of Jones,*90 N. Y. S. 2d 598; *Matter of Annunziato,*201 Misc. 971; *Matter of Hildreth,*274 App. Div. 611, 615, affd. 301 N. Y. 705.) The special guardian has properly objected to the further violation of section 285 of the Surrogate’s Court Act by the unauthorized payment to the executrix of her personal claim. The proof now submitted in support of that claim establishes its validity *(Matter of Kolben,*203 Misc. 1012) and it is allowed. The person who would benefit from surcharges for interest on these improper payments has not objected and for this reason surcharges are not imposed.

The court approves the procedure recommended by the executors with regard to the treatment to be accorded to the New York State fiduciary income tax paid and to be paid on the annual payments to the testator’s widow pursuant to paragraph 10-B of the will.

Submit decree on one day’s notice settling the account.
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 Quarterly Report of Lancer Corporation (the "Company") on Form 10-Q for the quarter ended June 30, 2003, as filed
with the United States Securities and Exchange Commission on the date hereof (the "Report"), I, Mark L. Freitas, Chief 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:



|June 28, 2004 |  | /s/ MARK L. FREITASMark L. Freitas, Chief Executive Officer
|------------- |  | -----------------------------------------------------------

---



QuickLinks
EXHIBIT 32.2
                            SECTION 906 CERTIFICATION

<PAGE>




                                  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  MachineTalker,  Inc.  (the
"Company") on Form 10-K for the period ending  December 31, 2009 (the  "Report")
I, Roland F. Bryan, Chief Financial Officer of the Company, certify, pursuant to
18 USC Section  1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley
Act of 2002, that to the best of my knowledge and belief:

         (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.


Dated: April 15, 2010




By: /s/ Roland F. Bryan
    ----------------------------------------------------------
     Roland F. Bryan, Chief Financial Officer
     (Principal Accounting Officer)


         This  certification  accompanies  the Report pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002 and shall not, except to the extent required by
the  Sarbanes-Oxley  Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                           <C>
<PERIOD-TYPE>                 6-mos
<FISCAL-YEAR-END>             Nov-30-1997
<PERIOD-END>                  May-31-1997
<CASH>                        2,051,223
<SECURITIES>                  000
<RECEIVABLES>                 68,568
<ALLOWANCES>                  000
<INVENTORY>                   000
<CURRENT-ASSETS>              000
<PP&E>                        000
<DEPRECIATION>                000
<TOTAL-ASSETS>                2,119,791
<CURRENT-LIABILITIES>         2,119,791
<BONDS>                       000
<COMMON>                      000
<PREFERRED-MANDATORY>         000
<PREFERRED>                   000
<OTHER-SE>                    000
<TOTAL-LIABILITY-AND-EQUITY>  2,119,791
<SALES>                       000
<TOTAL-REVENUES>              90,486
<CGS>                         000
<TOTAL-COSTS>                 25,806
<OTHER-EXPENSES>              140,365
<LOSS-PROVISION>              000
<INTEREST-EXPENSE>            000
<INCOME-PRETAX>               (75,685)
<INCOME-TAX>                  000
<INCOME-CONTINUING>           (75,685)
<DISCONTINUED>                000
<EXTRAORDINARY>               000
<CHANGES>                     000
<NET-INCOME>                  (75,685)
<EPS-PRIMARY>                 (1.49)
<EPS-DILUTED>                 (1.49)
        

</TABLE>
Exhibit 32





CERTIFICATION

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Jacinta Sit, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Oxford Technologies, Inc. on the Form 10-K/A for the year ended December 31, 2008, 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-K/A fairly presents, in all material respects, the financial condition and results of operations of Oxford Technologies, Inc.







|                         |  |     |  |                                                              
|------------------------ |  | --- |  | -------------------------------------------------------------
|                         |  |     |  |                                                              
|Date:  November 25, 2009 |  | By: |  | /s/Jacinta Sit                                               
|                         |  |     |  | Jacinta Sit, President                                       
|                         |  |     |  | (Principal Executive Officer and Principal Financial Officer)
| 1. | I have reviewed this report on Form 10-Q for the quarter ended June 30, 2009 of Bluegate Corporation; |
|----|-------------------------------------------------------------------------------------------------------|

| 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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have: |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 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 registrant’s board of directors (or persons performing the equivalent functions): |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: July 17, 2009     |   |
|-------------------------|--------|
|                    |   |
|                    |   |
| /s/ Stephen J. Sperco   |   |
| Stephen J. Sperco       |   |
| Chief Executive Officer |   |
##### 



Exhibit 99.2

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 Quarterly Report of HealthAxis Inc. (the Company) on
Form 10-Q for the period ending March 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, John M. Carradine,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §
1350, as adopted pursuant to § 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 (15U.S.C. 78m or 78o(d)); 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/ John M. Carradine

John M. Carradine
|Chief Financial Officer                     
|May 14, 2003                                

Page 25 of 25
EXHIBIT
        32.2 - CERTIFICATION OF CHIEF FINANCIAL OFFICER OF BLUEGATE CORPORATION PURSUANT
        TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 AND SECTION 1350 OF 18 U.S.C.
        63.
 
 I,
        Charles E. Leibold, the Chief Financial Officer of Bluegate Corporation,
        hereby certify
        that Bluegate Corporation's periodic report on Form 10-QSB, for the period
        ending June 30, 2006, 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 periodic report on Form 10-QSB fairly presents, in all
        material respects, the financial condition and results of the operations
        of Bluegate
        Corporation.
 
 
 Date:
                  August 1, 2006
              /s/
              Charles
                  E. LeiboldCharles
                  E. Leibold, CPAChief
                  Financial Officer
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

HARMINDER SINGH,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 13-70419

Agency No. A088-347-459

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted November 18, 2014** 

Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.

Harminder Singh, a native and citizen of India, petitions for review of the

Board of Immigration Appeals’ order dismissing his appeal from an immigration

judge’s decision denying his application for asylum, withholding of removal, and

protection under the Convention Against Torture (“CAT”). We have jurisdiction

FILED

NOV 24 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual

findings, applying the standards governing adverse credibility determinations

created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th

Cir. 2010). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination

based on Singh’s initial denial of any fear of persecution or torture if returned to

India and his changing explanations for this denial, and based on the issues the

agency noted regarding the letter from the leader of the Shiromani Akali Dal

Mann. See id. at 1048 (adverse credibility determination was reasonable under the

totality of circumstances); see also Li v. Ashcroft, 378 F.3d 959, 962-63 (9th Cir.

2004) (denial of mistreatment during airport interview supported adverse

credibility determination). We reject Singh’s contentions that the agency did not

consider his explanations or otherwise improperly analyzed his case. Singh’s

explanations do not compel the opposite result. See Lata v. INS, 204 F.3d 1241,

1245 (9th Cir. 2000). In the absence of credible testimony, Singh’s asylum and

withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156

(9th Cir. 2003).

Finally, Singh’s CAT claim fails because it is based on the same testimony

the agency found not credible, and Singh does not point to any other evidence in

2 13-70419
the record that compels the finding that it is more likely than not he would be

tortured in India. See id. at 1156-57. 

PETITION FOR REVIEW DENIED.

3 13-70419
# Designation of Officials of the Court Services and Offender Supervision Agency to Act as Director 

# Memorandum for the Director of the Court Services and Offender Supervision Agency for the District of Columbia 

                    By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345*et seq.,*                    it is hereby ordered that:                

**Section 1.***Order of Succession.*                    Subject to the provisions of section 2 of this memorandum, the following officials of the Court Services and Offender Supervision Agency for the District of Columbia, in the order listed, shall act as and perform the functions and duties of the office of Director of the Court Services and Offender Supervision Agency for the District of Columbia (Director) during any period in which the Director has died, resigned, or otherwise become unable to perform the functions and duties of the office of the Director, until such time as the Director is able to perform the functions and duties of that office:                

(a)  Deputy Director;

(b)  Associate Director, Legislative, Intergovernmental, and Public Affairs;

(c)  Associate Director, Management and Administration;

(d)  Associate Director, Community Supervision Services;

(e)  Associate Director, Community Justice Programs;

(f)  General Counsel;

(g)  Chief Information Officer, Information Technology; and

(h)  Associate Director, Human Resource Management.

**Sec. 2.***Exceptions.*

(a)  No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as Director pursuant to this memorandum.

(b)  No individual listed in section 1 shall act as Director unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.

(c)  Notwithstanding the provisions of this memorandum, the President retains the discretion, to the extent permitted by law, to depart from this memorandum in designating an acting Director.

**Sec. 3.**                     This memorandum is intended to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.                

**Sec. 4.**                     You are authorized and directed to publish this memorandum in the                     *Federal Register*.                

[FR Doc. 2010-21039

Billing code 3129-01-P
<TABLE> <S> <C>


<ARTICLE>                                            9

<LEGEND>
     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
     ANNUAL REPORT ON FORM 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
     SUCH FINANCIAL INFORMATION.
</LEGEND>

<MULTIPLIER>                                   1000

<S>                                         <C>
<PERIOD-TYPE>                                 3-MOS
<FISCAL-YEAR-END>                             SEP-30-2000
<PERIOD-END>                                  DEC-31-1999
<CASH>                                          9,403
<INT-BEARING-DEPOSITS>                            644
<FED-FUNDS-SOLD>                                    0
<TRADING-ASSETS>                                    0
<INVESTMENTS-HELD-FOR-SALE>                   166,207
<INVESTMENTS-CARRYING>                         20,025
<INVESTMENTS-MARKET>                           19,476
<LOANS>                                       284,801
<ALLOWANCE>                                     2,464
<TOTAL-ASSETS>                                497,544
<DEPOSITS>                                    273,027
<SHORT-TERM>                                   50,731
<LIABILITIES-OTHER>                             5,862
<LONG-TERM>                                   143,250
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                           20
<OTHER-SE>                                     24,654
<TOTAL-LIABILITIES-AND-EQUITY>                497,544
<INTEREST-LOAN>                                 5,532
<INTEREST-INVEST>                               2,912
<INTEREST-OTHER>                                   10
<INTEREST-TOTAL>                                8,454
<INTEREST-DEPOSIT>                              2,543
<INTEREST-EXPENSE>                              5,233
<INTEREST-INCOME-NET>                           3,221
<LOAN-LOSSES>                                     120
<SECURITIES-GAINS>                                  0
<EXPENSE-OTHER>                                 2,049
<INCOME-PRETAX>                                 1,484
<INCOME-PRE-EXTRAORDINARY>                      1,484
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                    1,065
<EPS-BASIC>                                       .56
<EPS-DILUTED>                                     .55
<YIELD-ACTUAL>                                   2.93
<LOANS-NON>                                     1,133
<LOANS-PAST>                                        0
<LOANS-TROUBLED>                                    0
<LOANS-PROBLEM>                                     0
<ALLOWANCE-OPEN>                                2,477
<CHARGE-OFFS>                                     151
<RECOVERIES>                                       18
<ALLOWANCE-CLOSE>                               2,464
<ALLOWANCE-DOMESTIC>                            2,464
<ALLOWANCE-FOREIGN>                                 0
<ALLOWANCE-UNALLOCATED>                             0



</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000768216
<NAME>                        National Air Corporation
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 APR-01-1998
<PERIOD-END>                                   JUN-30-1998
<EXCHANGE-RATE>                                1
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          7,975
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       738
<OTHER-SE>                                     (8,713)
<TOTAL-LIABILITY-AND-EQUITY>                   0
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (1,340)
<EPS-PRIMARY>                                  (0.01)
<EPS-DILUTED>                                  (0.01)
        



</TABLE>
| Skip to Content*Release Date: December 9, 2010*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**L.2 Credit Market Debt Owed by Nonfinancial Sectors** |
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