alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Angelo Espinal, Appellant.

[787 NYS2d 396]

Appeals by the defendant from (1) a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered April 27, 2000, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, assault in the second degree (two counts), and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence, and (2) a resentence of the same court, imposed June 27, 2000.

Ordered that the judgment and the resentence are affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt of depraved indifference murder is unpreserved for appellate review *(see*CPL 470.05 [2]; *People v Gray,*86 NY2d 10 [1995]; *People v Udzinski,*146 AD2d 245 [1989]). In any event, viewing the evidence in the light most favorable to the prosecution *(see People v Contes,*60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt *(see People v Crawford,*295 AD2d 361 [2002]; *People v Flowers,*289 AD2d *517504 [2001]). Furthermore, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]).

The sentence imposed was not excessive (see *People v Suitte,*90 AD2d 80 [1982]).

The defendant’s remaining contention is unpreserved for appellate review, and in any event, without merit. Schmidt, J.P., Adams, Cozier and S. Miller, JJ., concur.
*

 This order and judgment is not binding precedent except under the

doctrines of law of the case, res judicata and collateral estoppel. It may be cited,

however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th

Cir. R. 32.1.

** After examining the briefs and the appellate record, this three-judge

panel has determined unanimously that oral argument would not be of material

assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th

Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.

FILED

United States Court of Appeals

Tenth Circuit

April 13, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

DENNIS LEON SMITH and BRUCE

CLYDE SMITH,

Plaintiffs-Appellants,

No. 10-6000

v. (W.D. of Okla.)

MICHAEL W. ROACH, United States

Marshal,

Defendant-Appellee.

(D.C. No. CV-5:09-01085-HE)

ORDER AND JUDGMENT*

Before HARTZ, ANDERSON, and TYMKOVICH, Circuit Judges.** 

Dennis Leon Smith and Bruce Clyde Smith appeal the Order dismissing

their case from district court. We have jurisdiction under 28 U.S.C. § 1291. After

reviewing Appellants’ filings in this case, including the record on appeal, and the

Appellate Case: 10-6000 Document: 01018401237 Date Filed: 04/13/2010 Page: 1 
-2-

district court’s Order dismissing the Smiths’ case with prejudice, we DISMISS

this appeal.

We also DENY both Appellants’ Motions for Leave to Proceed on Appeal

Without Prepayment of Costs or Fees, and remind Appellants to contact the clerk

of the district court to arrange payment plans for their filing fee. Further, we

DENY Appellants’ request to forward the 248-page Record on Appeal.

Entered for the Court

Timothy M. Tymkovich

Circuit Judge

Appellate Case: 10-6000 Document: 01018401237 Date Filed: 04/13/2010 Page: 2
#### Rosa Marquez et al., Appellants, v Juan Oballe, Respondent.

[789 NYS2d 287]

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Price, J.), dated January 30, 2004, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that the plaintiff Rosa Marquez did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

Contrary to the determination of the Supreme Court, the defendant failed to make a prima facie showing that the plaintiff Rosa Marquez (hereinafter the plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) *(see Toure v Avis Rent A Car Sys.,*98 NY2d 345 [2002]; *Gaddy v Eyler,*79 NY2d 955 [1992]). A close comparison of the affirmations of the defendant’s examining physicians reveal that the defendant’s orthopedist found restrictions in the plaintiff’s cervical and lumbar ranges of motion. Accordingly, the Supreme Court erred in granting the defendant’s motion for summary judgment.

Under these circumstances, where the defendant failed to meet his initial burden of establishing a prima facie case, it is unnecessary “to consider whether the plaintiffs’ papers in opposition to the defendants’ motion were sufficient to raise a triable issue of fact” *(Coscia v 938 Trading Corp.,*283 AD2d 538 [2001]; *see Chaplin v Taylor,*273 AD2d 188 [2000]; *Mariaca-Olmos v Mizrhy,*226 AD2d 437 [1996]). Krausman, J.P., Luciano, Mastro and Lifson, JJ., concur.
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 OurPets
Company (the Company) on Form 10-K for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, being the 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:



| | (1) | I have reviewed this Report on Form 10-K for the year ended December 31, 2010 of OurPets Company.
| | --- | --------------------------------------------------------------------------------------------------



| | (2) | This Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ----------------------------------------------------------------------------------------------------------------------



| | (3) | 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/S/    SCOTT R.
MENDES 
|BY SCOTT R. MENDES     
|Chief Financial Officer

Dated: March 31, 2011

This certification is made solely for the purpose of 18 U.S.C. Section 1350, subject to the knowledge standard contained in that statute, and not for any other purpose. A signed original of this
written statement required by Section 906 has been provided to OurPets Company and will be retained by OurPets Company and furnished to the Securities and Exchange Commission or its staff upon request.
# **Exhibit 10.43**

 

 

 

 

August 23, 2001

 

 

 

Mr. David E. Pertl

14717 Excaliber Dr.

Morgan Hill, CA  95037

 

Dear Dave:

 

On behalf of the Fresh Choice Board of Directors, I would like toappend your January 24, 1997 offer letter by providing the following COBRA provisionin the event your employment is terminated without cause as defined in youroriginal offer letter:

 

During the period for which severance payments arepaid, if you choose to elect COBRA continuation coverage pursuant to federallaw, Fresh Choice shall pay a portion of the COBRA premiums during theapplicable period of severance, equal to what the Company paid towards yourhealth care at the time of your termination. The applicable period of severance is the earlier of (1) the end of theone year severance period; or (2) when you are covered under another employer’sgroup health plan.

 

Except for the above addendum, all other terms of your January 24, 1997offer letter remain the same.  If theabove addendum to your offer letter is acceptable to you, please sign belowindicating your acceptance.  If you haveany questions about this agreement, please let me know.

 

Sincerely,

 

/S/ Charles A. Lynch

 

Charles A. Lynch

Chairman of the Board

 
|   | ACCEPTANCE: | /S/ David E. Pertl |   | September 5, 2001 |
|--------|-------------|--------------------|--------|-------------------|
|   |        | David E. Pertl     |   | Date              |
Order entered March 26 , 2014

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 12
- 01246
- CR
ALEXANDER JAMES GABRIEL, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 401st Judicial District Court

Collin County, Texas Tria l Court Cause No. 401
- 81517
- 10



### O RDER
The Court ORDERS the trial court to conduct a hearing to determine why appellant’s brief has not been filed. In this regard, the trial court shall make appropriate findings and recommendations and determine whether a ppellant desires to prosecute the appeal, whether appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal. See
T EX
. R. A PP
. P. 38.8( b ). If the trial court cannot obtain appellant’s presence at the hearing, the trial c ourt shall conduct the hearing in appellant’s absence. See Meza v. State , 742 S.W.2d 708 (Tex. App.

– Corpus Christi 1987, no pet.) (per curiam). If appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effec tive representation, which may include appointment of new counsel.We ORDER the trial court to transmit a record of the proceedings, which shall include

written findings and recommendations, to this Court within THIRTY DAYS of the date of this order. Thi s appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.

/s/ LANA MYERS JUSTICE
<PAGE>

                                                            Exhibit 10(k)




                               November 18, 1999



Mr. Ivor J. Evans
President and Chief Operating Officer
Union Pacific Railroad Company
1416 Dodge Street, Room 1230
Omaha, NE 68179

Dear Ike:

          With reference to your letter agreement of September 8, 1998,
providing for a guaranteed minimum bonus of $300,000 for 1999, payable in 2000,
this will confirm that you may elect to exchange all or a portion of your right
to receive such guaranteed bonus for a grant of retention stock units under the
Union Pacific 1993 Stock Option and Retention Stock Plan equal to 150% of the
bonus foregone.  The terms of such restricted stock units shall be otherwise in
accordance with the terms of the Company's Executive Incentive Premium Exchange
Program.

          If you concur with the above, please sign the second copy of this
letter and return it to me no later than November 26, 1999.

                                                            Sincerely,



                                                            /s/  Dick

DD/ss

cc:  Barbara W. Schaefer


Approved: /s/  Ivor J. Evans        Dated:  11/23/99
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 2005


I, Maria Fenanda Rosales, Chief Financial Officer of Promotora. Corporation (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 the Annual Report of the
Company on Form 10-KSB for the year ended December 31, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), fully
complies with the requirements of Section 13(a) or Section 15(d) of the
Securities Exchange Act of 1934 and that the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.



                                                         /s/ Ramon Rosales
                                                         -----------------
                                                         Ramon E. Rosales
                                                         Chief Financial Officer

                                                         Dated: April 2, 2006
No. 86-495.

No. 86-624.

No. 86-625.

#### K mart Corp. *v.*Cartier, Inc., et al.; 47th Street Photo, Inc. *v.*Coalition to Preserve the Integrity of American Trademarks et al.; and United States et al. *v.*Coalition to Preserve the Integrity of American Trademarks et al.

C. A. D. C. Cir. [Certiorari granted, 479 U. S. 1005.] Cases restored to calendar for reargument on the merits.
EXHIBIT 31.1

                                  CERTIFICATION

         I, Donald A. Wojnowski Jr., Principal Executive Officer of Empire
Financial Holding Company, certify that:

1. I have reviewed this annual report on Form 10-KSB of Empire Financial Holding
Company;

2. Based on my knowledge, this annual 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 annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual 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 annual report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

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

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

   c) Disclosed in this annual report any change in the registrant's internal
   control over financial reporting that occurred during the registrant's most
   recent fiscal quarter that has materially affected or is reasonably likely to
   materially affect, the registrant's internal control over financial
   reporting; and

5. The registrant's other certifying officer 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 function):

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

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

Date: March 20, 2006

/s/ Donald A. Wojnowski Jr.
---------------------------
Donald A. Wojnowski Jr.
Principal Executive Officer
UNIVERSITIES SPACE RESEARCH ASSOCIATION/ LUNAR PLANETARY INSTITUTE

Virtual Trips to Extreme Environments

Lisa Gaddis

5/01/23 - 4/30/26

100 Boys & Girls Clubs (with high percentages of 

students in demographics underrepresented in STEM 

in Texas and beyond) will be connected with a diverse 

spectrum of researchers who study unique extreme 

environments. Students ages 10-15 will meet virtually 

with these "NASA Mentors" — NASA Science Mission 

Directorate-funded scientists, engineers, and 

technicians who conduct exciting research in unique 

laboratory settings and at remote field locations. 

Students create videos of their future career pathways 

after a virtual field trip with NASA Mentors, submit them 

to a competition. Winners travel to Houston to 

participate in an annual symposium.

List of Partners:

• Texas Alliance of Boys & Girls Clubs

• NASA Johnson Space Center 

• University of Alaska Fairbanks

• NASA’s Astrobiology Program

• SETI Institute/Haughton Mars Project

• BlackInAstro

• GeoLatinas

• Blue Marble Space Institute of Science

Scientists gather meteorites in Antarctica

Credits: ANSMET, Katherine Joy/University of 

Manchester

The material contained in this document is based upon 

work supported by a NASA grant or cooperative 

agreement award #80NSSC23M0078, under the Teams 

Engaging Affiliated Museums and Informal Institutions 

(TEAM II) activity of NASA’s Next Gen STEM Project.

Explore TEAM II Products 

https://www.nasa.gov/learning-resources/search/

www.nasa.gov
****
 **Exhibit
12.2**
 
 I, **** Meir
Moshe, certify that:
  1.
    I
      have reviewed this annual report on Form 20-F of Radware Ltd.;
  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
      Company’s other certifying officer(s) and I are responsible for
      establishing and maintaining disclosure controls and procedures (as
      defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company and
      have:
  a.
    Designed
      such disclosure controls and procedures or caused such disclosure controls
      and procedures to be designed under our supervision, to ensure that
      material information relating to the Company, including its consolidated
      subsidiaries, is made known to us by others within those entities,
      particularly during the period in which this report is being prepared;
  b.
    Evaluated
      the effectiveness of the company’s disclosure controls and procedures and
      presented in this report our conclusions about the effectiveness of the
      disclosure controls and procedures, as of the end of the period covered by
      this report based on such evaluation; and
  c.
    Disclosed
      in this report any change in the company’s internal control over financial
      reporting that occurred during the period covered by the annual report
      that has materially affected, or is reasonably likely to materially
      affect, the company’s internal control over financial reporting;
      and
  5.
    The
      company’s other certifying officer(s) and I have disclosed, based on our
      most recent evaluation of internal control over financial reporting, to
      the company’s auditors and the audit committee of the company’s board of
      directors (or persons performing the equivalent
  functions):
  a.
    All
      significant deficiencies and material weaknesses in the design or
      operation of internal control over financial reporting which are
      reasonably likely to adversely affect the company’s ability to record,
      process, summarize and report financial information;
and
  b.
    Any
      fraud, whether or not material, that involves management or other
      employees who have a significant role in the company’s internal control
      over financial reporting.
  Date:
April 13, 2005
 /s/
      Meir
      Moshe
      Meir
      Moshe
      Chief
      Financial Officer
      (Principal
      Financial Officer)
# Pathways Programs at NASA

		Back to search page	

## Audience

Educators, Students

## Education Opportunity

Internships, Fellowships and Scholarships

## Grade Levels

Higher Education

## Subject

Careers

It’s never too early to get started. At NASA, you have the opportunity to work and explore careers while still in school. The Pathways Program provides current students with paid work experience and recent graduates with a dynamic career development program at the beginning of their careers. Pathways allows you to undertake meaningful and challenging projects that truly make an impact on humanity. At NASA, our work is more than just a profession—it’s a lifelong pursuit and passion.

Learn more about the program and some of the extraordinary projects and experiences of our Pathways Interns at https://www.nasa.gov/careers/pathways/.

Are you ready to explore the extraordinary, every day? View all NASA Pathways Intern opportunities at https://www.usajobs.gov/search/results?d=NN&hp=student&p=1.
EXHIBIT 32.1

CREDENCE SYSTEMS CORPORATION

CERTIFICATION

In connection with the periodic report of Credence Systems Corporation (the Company) on Form 10-Q for the period ended April 30, 2006 as filed with the
Securities and Exchange Commission (the Report), I, David A. Ranhoff, President, Chief Executive Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United
States Code, that to the best of my knowledge:

(1) the Report fully complies with the requirements of Section 13(a) or 15(d), as
applicable, 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 at the dates and for the periods indicated.

This Certification has not been, and shall not be deemed, filed with the Securities and Exchange Commission.



|                                                      
|------------------------------------------------------
|Date: June 9, 2006                                    
|                                                      
|/s/ DAVID A. RANHOFF                                  
|David A. Ranhoff President and Chief Executive
Officer
#### STATE OF NEW JERSEY v. FREDERICK STAPLETON.

June 21, 1978.

Petition for certification denied.
##### 



Exhibit 13.1 Sify Limited
Certification of Principal Executive Officer
Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 I, R. Ramaraj, Chief Executive Officer and Managing Director of Sify Limited (the Company),
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that: (i) the accompanying annual report on Form 20-F of the Company for the fiscal year ended
March 31, 2005 (the Report) fully complies with the requirements of Section 13(a) or Section
15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and (ii) the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company. Dated: June 30, 2005
    /s/ R. RamarajName:
    R. RamarajTitle:
    Chief Executive Officer & Managing Director
 The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C.
§ 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934,
as amended, and is not to be incorporated by reference to any filing of the Company, whether made
before or after the date hereof, regardless of any general incorporation language in such filing.