alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Peter Stassou, Respondent-Appellant, v Casini & Huang Construction, Inc., Defendant, and Peter Casini et al., Appellants-Respondents.

[789 NYS2d 225]

In an action, inter alia, to enjoin the defendants from interfering with an easement claimed by the plaintiff, the defendants Peter Casini and Korea Exchange Bank separately appeal, as limited by their briefs, (1) from a decision of the Supreme Court, Queens County (Leviss, J.), dated August 12, 2003, and (2) from so much of a judgment of the same court dated August 29, 2003, as, upon the decision, and after a nonjury trial on the issue of damages, is in favor of the plaintiff and against each of them in the principal sum of $315,000, and the plaintiff cross-appeals from the same decision and so much of the judgment as denied his claims for additional compensatory and punitive damages and damages for loss of income.

Ordered that the appeal and cross appeal from the decision are dismissed, without costs or disbursements, as no appeal lies from a decision *(see Schicchi v Green Constr. Corp.,*100 AD2d 509 [1984]); and it is further,

Ordered that the judgment is modified, on the law, by deleting the provisions thereof awarding interest up to time of the court’s decision on the awards for punitive damages; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for entry of an appropriate amended judgment.

The plaintiff was not entitled to interest on the punitive dam*696age award for any period prior to the date of the Supreme Court’s decision *(see Delulio v 320-57 Corp.,*99 AD2d 253 [1984]; Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C5001:2). “Punitive damages are intended only to impose punishment on a defendant. Interest on such damages prior to verdict or decision is unnecessary to assure full compensation to the injured party” *(Delulio v 320-57 Corp., supra*at 255, citing Legislative Studies and Reports, McKinney's Cons Laws of NY, Book 7B, CPLR 5001 at 527).

The Supreme Court properly determined that the plaintiff was entitled to $210,000 in compensatory damages for the loss in value to his property due to the destruction of the easement by the defendants. We further agree that the plaintiff was not entitled to any further damages resulting from the destruction of the easement.

The parties’ remaining contentions are without merit. Schmidt, J.P., Santucci, Luciano and Rivera, JJ., concur.
**Exhibit 31.1**

** **

**CERTIFICATION**

 

I, Kevin M. Tomlinson , certify that:

 

1.     I have reviewed this quarterly report onForm 10-Q of Sport-Haley, Inc.;

 

2.     Based on my knowledge, thisreport does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3.     Based on my knowledge, thefinancial statements, and other financial information included in this report,fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periodspresented in this report;

 

4.     The registrant’s othercertifying officer(s) and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) and internal control over financial reporting (as defined inExchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have:

 

(a)   Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

(b)   Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

(c)   Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

 

5.     The registrant’s othercertifying officer(s) and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the registrant’s auditors andthe audit committee of the registrant’s board of directors (or personsperforming the equivalent functions):

 

(a)   Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

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

 

Date:       February13, 2004

 
| /s/ Kevin M. Tomlinson  |   |
|-------------------------|--------|
| Kevin M. Tomlinson      |
| Chief Executive Officer |

 

1

----
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

Trial Court Cause No. 401-81517-10

ORDER

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 appellant desires to prosecute the appeal, whether 

appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal. See

TEX. R. APP. P. 38.8(b). If the trial court cannot obtain appellant’s presence at the hearing, the 

trial court 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 effective 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.

This 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
EXHIBIT 10(d)

Annual Performance Incentive Plan

Under the Annual Performance Incentive Plan, executive officers of the
Company may be entitled to receive performance related cash payments
provided that annual, Executive Compensation and Benefits Committee-
established performance objectives are met. At the beginning of the year,
the Committee approves for each officer not participating in the Executive
Performance Incentive Plan, an annual incentive target and maximum
opportunity expressed as a percentage of annual base salary.  The Committee
also establishes overall Document Processing threshold, target and maximum
measures of performance and associated payment schedules.  For 1999, the
performance measures were earnings per share (35%), revenue growth (25%),
cash conversion cycle (20%) and customer satisfaction (20%).  Additional
goals are also established for each officer that include business unit
specific and/or individual performance goals and objectives.  The weights
associated with each business unit specific or individual performance goal
and objective used vary and range from 20 percent to 50 percent of the
total.  Actual performance payments are subject to approval by the Committee
following the end of the year.  As a result of the Company's performance
during 1999, no cash bonuses were paid to officers with respect to 1999
performance.
NUMBER 13-15-00219-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE NATIONAL LLOYDS INSURANCE COMPANY, WARDLAW 

CLAIMS SERVICE, INC., AND IDEAL ADJUSTING, INC.

On Petition for Writ of Mandamus.

ORDER

Before Justices Garza, Benavides, and Longoria

Per Curiam Order

Relators, National Lloyds Insurance Company, Wardlaw Claims Service Inc., and 

Ideal Adjusting, Inc., filed a petition for writ of mandamus in the above cause on May 12, 

2015. Through this original proceeding, relators seek to compel the trial court to vacate 

its April 29, 2015 order compelling relators to respond to discovery requests pertaining to 

their attorney’s fees. 

The Court requests that the real parties in interest, Martin Almaguer, Maricela A. 

Almaguer, Kelly Dizdar, Mark Dizdar, Dizdar Development, Danny Garcia, Yvonne S. 
2

Garcia, Alfredo Ortiz Rodriguez, Alicia M. Rodriguez, or any others whose interest would 

be directly affected by the relief sought, file a response to the petition for writ of mandamus 

on or before the expiration of ten days from the date of this order. See TEX. R. APP. P. 

52.2, 52.4, 52.8. 

IT IS SO ORDERED.

PER CURIAM

Delivered and filed the

19th day of May, 2015.
**EXHIBIT 31.2****CERTIFICATION****PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**     I, Robert Arovas, certify that:     1. I have reviewed this annual report on Form 10-K of Stonepath Group, Inc.;     2. Based on my knowledge, this annual report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to the periodcovered by this annual report;     3. Based on my knowledge, the financial statements, and other financial information includedin this annual report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this annualreport;     4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:     (a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this annual report isbeing prepared;     (b) Designed such internal control over financial reporting, or caused such internalcontrol over financial reporting to be designed under our supervision, to provide reasonableassurance regarding the reliability of financial reporting and the preparation of financialstatements for external purposes in accordance with generally accepted accounting principles;     (c) Disclosed in this annual report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and     5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors:     (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information, and     (b) Any fraud, whether or not material, that involves management or other employees whohave significant role in the registrant’s internal control over financial reporting.DATE: March 31, 2006       By: /s/ Robert Arovas         Robert Arovas    *President and Chief Financial Officer*
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.                  

###### Department of Transportation

###### Federal Aviation Administration

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# SUMMARY:

The FAA is issuing this notice to advise the public that a new charter has been issued for the Federal Aviation Administration Air Traffic Procedures Advisory Committee (ATPAC). The duties of this advisory committee include:

1. To make recommendations for standardizing, clarifying, and upgrading terminology and procedures, as a result of its review of present ATC procedures and practices.

2. To provide advice and make recommendations concerning:

a. New or significantly revised ATC procedural concepts.

b. The adequacy of charts, diagrams, and illustrations used to convey information concerning the application of ATC procedures and their relevance to current, revised, or proposed ATC procedures and concepts.

c. Aviation regulations that have an impact on present, new, or significantly revised ATC procedures and concepts.

3. To act solely in an advisory capacity to accomplish its duties.

# DATES:

Effective October 29, 2010.

# FOR FURTHER INFORMATION CONTACT:

Elizabeth Ray, ATPAC Executive Director, 800 Independence Avenue, SW., Washington, DC 20591. Telephone (202) 267-9205.

# SUPPLEMENTARY INFORMATION:

Pursuant to Section 9(c) of the Federal Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. App. 2), notice is hereby given of the filing of the ATPAC Charter, Effective October 29, 2010.

Issued in Washington, DC, on October 29, 2010.

Elizabeth Ray,

Executive Director, Air Traffic Procedures Advisory Committee.

[FR Doc. 2010-27832 Filed 11-3-10; 8:45 am]

BILLING CODE 4910-13-P
#### RICHARD DOMENECH v. GATX CORPORATION.

May *2,*1978.

Petition for certification denied.
#### WILLIAM DONALD BRITT v. GEORGE DOUGLAS HAYES

No. 115PA01

(Filed 9 November 2001)

On discretionary review pursuant to N.C.G.S. § 7A-31 of a decision of the Court of Appeals, 142 N.C. App. 190, 541 S.E.2d 761 (2001), reversing and remanding an order for summary judgment entered 7 April 1999 and an order denying plaintiffs motion for a new trial signed 3 May 1999 by Gore, J., in Superior Court, Bladen County. On 3 May 2001, the Supreme Court allowed plaintiffs conditional petition for discretionary review as to additional issues. Heard in the Supreme Court 15 October 2001.

*Hester, Grady, Hester & Payne, by H. Clifton Hester, for plaintiff-appellant and -appellee.*

*Anderson, Daniel & Coxe, by Bradley A. Coxe, for defendant-appellant and -appellee.*

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.
II 

108TH CONGRESS 

2D SESSION S. 2075

To amend title III of the Public Health Service Act to include each year 

of fellowship training in geriatric medicine or geriatric psychiatry as 

a year of obligated service under the National Health Corps Loan Repayment Program. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2004

Mr. REID (for himself, Mrs. LINCOLN, and Mr. BREAUX) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL

To amend title III of the Public Health Service Act to 

include each year of fellowship training in geriatric medicine or geriatric psychiatry as a year of obligated service 

under the National Health Corps Loan Repayment Program.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Geriatricians Loan 

5 Forgiveness Act of 2004’’. 
2

•S 2075 IS 

1 SEC. 2. NATIONAL HEALTH SERVICE CORPS LOAN REPAY2 MENT PROGRAM. 

3 (a) IN GENERAL.—Section 338B(g) of the Public 

4 Health Service Act (42 U.S.C. 254l–1(g)) is amended by 

5 adding at the end the following: 

6 ‘‘(5) OBLIGATED SERVICE.— 

7 ‘‘(A) IN GENERAL.—For purposes of this 

8 section, each year of training in geriatric medi9 cine or geriatric psychiatry that is required in 

10 order to obtain a certificate of added qualifica11 tion in geriatric medicine or geriatric psychiatry 

12 shall be deemed to be a year of obligated serv13 ice. 

14 ‘‘(B) LIMITATIONS.— 

15 ‘‘(i) PAYMENTS.—Notwithstanding 

16 the first sentence of paragraph (2)(A), for 

17 the year of obligated service described in 

18 subparagraph (A), the Secretary may pay 

19 up to $20,000 on behalf of the individual 

20 for loans described in paragraph (1). 

21 ‘‘(ii) INDIVIDUALS.—The number of 

22 fellowship years in geriatric medicine or 

23 geriatric psychiatry that are deemed to be 

24 a year of obligated service under this sec25 tion shall not exceed 400 in any calendar 

26 year.’’. 
3

•S 2075 IS 

1 (b) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—The amendment made by 

3 subsection (a) shall apply to applications submitted 

4 to the Secretary of Health and Human Services 

5 under section 338B of the Public Health Service Act 

6 (42 U.S.C. 254l–1) on or after 1 year after the date 

7 of enactment of this Act. 

8 (2) FIRST YEAR OF PROGRAM.—For the period 

9 beginning on the date of enactment of this Act and 

10 ending on December 31 of the calendar year in 

11 which such enactment occurs, the Secretary of 

12 Health and Human Services shall ratably reduce the 

13 maximum number of fellowship years in geriatric 

14 medicine or geriatric psychiatry that may be deemed 

15 to be a year of obligated service under section 

16 338B(g)(5)(B)(ii) of the Public Health Service Act 

17 (42 U.S.C. 254l–1(g)(5)(B)(ii)) (as added by sub18 section (a)) to reflect the portion of the year that 

19 the amendment made by subsection (a) is in effect.

Æ
FILED

United States Court of Appeals

Tenth Circuit

February 10, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

In re: MONTGOMERY CARL AKERS,

 Petitioner.

No. 10-1025

 (D.C. No. 1:94-CV-02445-LTB)

ORDER

 On January 29, 2010, the court entered an order directing petitioner to pay the

filing fee by February 9, 2010 or the appeal would by dismissed. In addition, in an order

dated February 9, 2010 denying appellant’s petition for rehearing, the court restated that

if the filing fee was not paid the appeal would be dismissed. Appellant has not paid the

filing fee; accordingly, this appeal is dismissed. See 10th Cir. R.3.3 (B) and 

10th Cir. R. 42.1. 

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

Appellate Case: 10-1025 Document: 01018365284 Date Filed: 02/10/2010 Page: 1
Order entered October~..~_~ , 2012



### In The

No. 05-12-00659-CR ANASTASIA MIKAL SOLANO, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the County Court at Law No. 1

Grayson County, Texas Trial Court Cause No. 2010-1-0242



### ORDER 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 appellant desires to prosecute the appeal, whether appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal. See TEX. R. At, r,. P. 38.8(b). If the trial court cannot obtain appellant’s presence at the hearing, the trial court 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 effective 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. This 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.
Aeronautics Research Mission Directorate 

Measure Your Reaction Time

Suggested Grades: 5-12

Activity Overview

In this activity, you will test your reaction time. At the 

same time, you will see how gravity causes the speed of 

a falling object to increase over time.

Note: This activity takes two people to complete. 

Steps

1. As an object falls, gravity causes the object’s 

speed to increase. Figure 1 shows how far an 

object will move as it falls. This activity lets you 

see how this works. On 

the long strip of paper, 

mark one end with the 

number 0. 

2. Starting from the end of 

the paper labeled 0,

measure each of the

distances shown in Figure 

1. Draw a line across the 

strip of paper for each 

distance, and label them

with the correct times. 

3. Did you notice that the 

distance between the

lines is greater as the time 

increases? This is

because the falling object 

is moving faster over 

time. That’s the effect

gravity has on an object! 

4. Tape the scale (strip of 

paper) onto a meter/yard 

stick, placing the end with the 0 second mark approximately 5 cm (2 inches) from one 

end of the meter/yard stick. 

Time: 45 minutes

Materials

• Meter stick (a yard stick will work 

as well)

• Strip of paper (1 cm x 75 cm or 

0.5 inch x 30 inch) 

• Tape

• Pencil

• Stopwatch or other way to 

measure time in seconds.

Figure 1. Distance the object falls in different time periods
5. Hold your fingers about 5 cm (2 inches) apart, and have a partner hold the meter/yard 

stick so that the 0 second mark is located between your fingers. See Figure 2. 

Figure 2. Where to hold your fingers before the drop

6. Without warning, have your partner drop the meter/yard stick. Once it starts falling, 

squeeze your fingers together to pinch the stick, stopping its fall. See Figure 3. 

Figure 3. Squeeze your finger together to catch the falling meter stick

7. Look at the strip of paper to see which line your fingers are closest to. The time indicated 

on this line tells you your reaction time. Record this number somewhere. 

8. Repeat for a total of five drops. 

9. Add the five reaction times you recorded and divide the total by five. This will give you 

your average reaction time. Note: Your reaction time will probably get faster after each 

trial.
You Might Want to Try: 

• Try it with your other hand to see how your reaction time changes. 

• Try closing your eyes. Have your partner make a noise when he or she drops the 

meter/yard stick.

• Switch roles to see what your partner’s reaction time is.