alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(January 25, 2005)

#### Edwin George, Appellant, v New York City Health and Hospitals Corporation et al., Defendants, and Parallax Center, Inc., et al., Respondents.

[789 NYS2d 9]

*428Judgment, Supreme Court, New York County (Sheila AbdusSalaam, J.), entered May 19, 2004, dismissing the complaint as against defendants Parallax Center and Dr. DeMeo, unanimously affirmed, without costs. Appeal from orders, same court and Justice, entered on or about November 26, 2003 and April 21, 2004, unanimously dismissed, without costs.

Parallax, a substance-abuse center, made a prima facie showing of its entitlement to dismissal of the complaint. Plaintiff, who had briefly sought treatment there for his alcohol problem, failed to produce evidentiary, proof in admissible form sufficient to establish the existence of triable issues of fact as to either of the causes of action for negligence and lack of informed consent *(see Alvarez v Prospect Hosp.,*68 NY2d 320, 324-325 [1986]). Indeed, neither of the affirmations provided by plaintiffs treating physician and expert psychiatrist asserted that the use of the specific medication prescribed to plaintiff, for insomniac patients with depressive features, constituted a departure from accepted practice or was not a preferred option for patients with drug-abuse problems. They also did not deny that the dosage prescribed by Dr. DeMeo, to whom Parallax had referred plaintiff for evaluation, was within the usual range. Moreover, the condition that plaintiff allegedly suffered from was an exceptionally rare side effect of consuming such medication. Absent probative evidence that plaintiff had previously experienced such episodes, there is no indication of any possible departure from good and accepted medical practice.

We have considered plaintiffs various arguments and find them unavailing. Concur—Buckley, P.J., Sullivan, Nardelli, Williams and Sweeny, JJ.
#### STATE OF NEW JERSEY v. DWIGHT FORD.

May 8, 1984.

Petition for certification denied.
Exhibit 32.1



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, 2011 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), the undersigned, being the Chairman, President and Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that:



| | (1) | I have reviewed this Report on Form 10-K for the year ended December 31, 2011 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/    STEVEN TSENGAS                                                        
|-----------------------------------------------------------------------------
|BY STEVEN TSENGAS                                                            
|Chairman of the Board, President and
        
        Chief Executive Officer



Dated: March 30, 2012



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.
#### CAB Associates, Respondent, v State of New York, Appellant.

(Claim No. 101711.)

[789 NYS2d 311]

*640In a claim to recover damages for breach of contract, the defendant appeals from an order of the Court of Claims (Collins, J.), dated June 3, 2003, which denied its motion for summary-judgment dismissing the third, fourth, fifth, sixth, seventh, and eighth claims and, in effect, struck its first and second affirmative defenses for failure to comply with the pleading requirements of CPLR 3015 (a).

Ordered that the order is modified, on the law, by deleting the provision thereof, in effect, dismissing the defendant’s first and second affirmative defenses; as so modified, the order is affirmed, without costs or disbursements.

The claimant failed to allege compliance with the condition precedent contained in the parties’ contract. The defendant, in the first and second affirmative defenses asserted in its answer, denied such compliance with sufficient specificity and particularity to apprise the claimant of what it would have to establish at trial *(see*CPLR 3015 [a]; *Roel Partnership v Amwest Sur. Ins. Co.,*258 AD2d 780 [1999]; *CNY Mech. Assoc. v Fidelity & Guar. Ins. Co.,*212 AD2d 989 [1995]). Therefore, the Court of Claims improperly, in effect, struck those affirmative defenses.

However, the defendant’s motion for summary judgment dismissing the third, fourth, fifth, sixth, seventh, and eighth claims was properly denied. The proponent of a motion for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issue of fact *(see Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]). The defendant failed to establish its entitlement to judgment as a matter of law that the additional costs which are the subject of the claims were subject to the dispute resolution procedure contained in the parties’ contract *(cf. Rondout Elec. v Monroe-Woodbury Cent. School Dist.,*1 AD3d 423; *Three Bros. Roofing Contrs. v New York City Hous. Auth.,*269 AD2d 523 [2000]). Cozier, J.P., Ritter, Luciano and Lifson, JJ., concur.
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                    
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###### Department of State

          - [Public Notice 8912]

# SUMMARY:

                        Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                         *et seq.;*22 U.S.C. 6501 note,                         *et seq.*), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition “Ennion: Master of Roman Glass,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Metropolitan Museum of Art, New York, New York, from on or about December 9, 2014, until on or about April 13, 2015, The Corning Museum of Glass, Corning, New York, from on or about May 15, 2015, until on or about October 19, 2015, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the                         **Federal Register**                        .                    

# FOR FURTHER INFORMATION CONTACT:

For further information, including a list of the imported objects, contact Paul W. Manning, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6469). The mailing address is U.S. Department of State, SA-5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

Dated: October 3, 2014.

Kelly Keiderling,

Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State.

[FR Doc. 2014-24141 Filed 10-8-14; 8:45 am]

BILLING CODE 4710-05-P
#### SELMA PRAGER v. NEIL PRAGER.

May 22, 1984.

Petition for certification denied.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

I 11 ~ 

Inventions and AsSistanL Adminlrtrator Office of Program 

Contributions Board for Planning and Evaluation congressional Relacions 

James A. tbotman lamc* r. ~ierson Homec 1. SLCY~TL 

secretary 

EXECUTIVE 

DIRECTION .. 

Hugh L. Dryden 

I I 1 OfflC.2 of 1"t.rn.tion.l Progrm Office of Public 

Info-tion 

. I ,".,. !c ..... I Assisranis 

I T, w-IY e. BilliWleY ASSOCIATE AUILINISTRATOR I John A. JOhn.0" 

PROGRAMING 

OPERATIONS 

Personnel 

Division 

Robert J. Lacklen 

-- 

Technical Infomation 

Division 

Bertram A. Uulcahy 

FIELD 

ACTIVITIES 

Procurement and 

Supply Division 

Ernest Y. Brackerr 

secu*ity -- Division 

Robert L. Bell 

! 0, VUCY Adminisrraror I 

ULNGLEY 

Langley Field, Va. -- Henry J. Reid 

LEWIS 

AtlES 

Moffett Field, Calif. 

Smith J. DeFrance 

HIGX SPESD 

FLIGHT STATION 

I 

Office of 

Business Adminlrrrarion 

Dlreccor - Assistants 

Albert F. Siepert Mnagemcnt Anal. 

Safety 

Faci 1 it ies Coo rd. 

Budget and Audit Division 

Fiscal Division 

Cleveland. Ohio - Edward R. Sharp Edwards. Calif. 

Cute: march 23. 1959 Walter c. Williams 

and Space Research 

Direr cor 

John Y. Crovley, Jr. 

Deputy 'CCtOI 

Ashistants 

Flight Uechanicr 

Asst. Director 

(vacancy) 

Asst. Director 

(vacancy) 

RESEARCt 

SLCYCLC~~S h Mterials 

h Aircraft operating 

Problems 

Asst. Director 

Office Of space Flight DevelopPent 1 Director b-1 li.*istsnta 

Technical 

Adminiatra tive 

Abe Silverstein 

t Advanced Technology 

Assistant Director 

Neve11 D. Sanders 

Office Of 

University Research I Lloyd A. Wood 

Propulsion 

Assistant Director 

Abraham Hyatt 

CENTERS 

-- 

SPACE PRO, 

BELTSVILLE SPACE 

CEKER 

Beltsville. IM. 

Assistant Direcror 

HRer e. weweii. ~r. 

werat ions 

Asst. DireCLOr 

Edand C. Buckley 

:T CENTERS 

JEI PROPULSION UB (Cel.Tech. Contr.) 

Pasadena. Calif. 

YI. H. Pickerina 

Director NASA 

Activities R. 1. Krieger
108TH CONGRESS

2D SESSION S. 2408

AN ACT

To adjust the boundaries of the Helena, Lolo, and Beaverhead-Deerlodge National Forests in the State of Montana.

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 ‘‘Montana National For5 ests Boundary Adjustment Act of 2004’’.
 †

2

S 2408 ES

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) FORESTS.—The term ‘‘Forests’’ means the

4 Helena National Forest, Lolo National Forest, and

5 Beaverhead-Deerlodge National Forest in the State

6 of Montana.

7 (2) MAP.—The term ‘‘map’’ means—

8 (A) the map entitled ‘‘Helena National

9 Forest Boundary Adjustment Northern Region,

10 USDA Forest Service’’ and dated September

11 13, 2004;

12 (B) the map entitled ‘‘Lolo National For13 est Boundary Adjustment Northern Region,

14 USDA Forest Service’’ and dated September

15 13, 2004; and

16 (C) the map entitled ‘‘Deerlodge National

17 Forest Boundary Adjustment Northern Region

18 USDA Forest Service’’ and dated September

19 13, 2004.

20 (3) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of Agriculture.

22 SEC. 3. HELENA, LOLO, AND BEAVERHEAD-DEERLODGE NA23 TIONAL FORESTS BOUNDARY ADJUSTMENT.

24 (a) IN GENERAL.—The boundaries of the Forests are

25 modified as depicted on the maps.

26 (b) MAPS.—
†

3

S 2408 ES

1 (1) AVAILABILITY.—The maps shall be on file

2 and available for public inspection in—

3 (A) the Office of the Chief of the Forest

4 Service; and

5 (B) the office of the Regional Forester,

6 Missoula, Montana.

7 (2) CORRECTION AUTHORITY.—The Secretary

8 may make technical corrections to the maps.

9 (c) ADMINISTRATION.—Any land or interest in land

10 acquired within the boundaries of the Forests for National

11 Forest System purposes shall be managed in accordance

12 with—

13 (1) the Act of March 1, 1911 (commonly known

14 as the ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.); and

15 (2) the laws (including regulations) applicable

16 to the National Forest System.

17 (d) LAND AND WATER CONSERVATION FUND.—For

18 purposes of section 7 of the Land and Water Conservation

19 Fund Act of 1965 (16 U.S.C. 460l–9), the boundaries of

20 the Forests, as adjusted under subsection (a), shall be

21 considered to be the boundaries of the Forests as of Janu22 ary 1, 1965.

23 (e) EFFECT.—Nothing in this Act limits the author24 ity of the Secretary to adjust the boundaries of the Forests
†

4

S 2408 ES

1 under section 11 of the Act of March 1, 1911 (16 U.S.C.

2 521).

Passed the Senate October 10, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2408

AN ACT

To adjust the boundaries of the Helena, Lolo, and

State of Montana.Beaverhead-Deerlodge National Forests in the
II 

108TH CONGRESS 

2D SESSION S. 2158

To amend the Public Health Service Act to increase the supply of pancreatic 

islet cells for research, and to provide for better coordination of Federal 

efforts and information on islet cell transplantation. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2004

Ms. COLLINS (for herself, Mrs. MURRAY, Mr. WARNER, Mr. BINGAMAN, Mr. 

ALLEN, Mr. FEINGOLD, Mr. COCHRAN, Mr. LAUTENBERG, Mr. HAGEL, 

Mr. REED, Mr. SMITH, Mr. ENSIGN, and Mr. DEWINE) introduced the 

following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL

To amend the Public Health Service Act to increase the 

supply of pancreatic islet cells for research, and to provide for better coordination of Federal efforts and information on islet cell transplantation.

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 ‘‘Pancreatic Islet Cell 

5 Transplantation Act of 2004’’. 
2

•S 2158 IS 

1 SEC. 2. ORGAN PROCUREMENT ORGANIZATION CERTIFI2 CATION. 

3 Section 371 of the Public Health Service Act (42 

4 U.S.C. 273) is amended by adding at the end the fol5 lowing: 

6 ‘‘(c) Pancreases procured by an organ procurement 

7 organization and used for islet cell transplantation or re8 search shall be counted for purposes of certification or re9 certification under subsection (b).’’. 

10 SEC. 3. ANNUAL ASSESSMENT ON PANCREATIC ISLET CELL 

11 TRANSPLANTATION. 

12 Section 429 of the Public Health Service Act (42 

13 U.S.C. 285c–3) is amended by adding at the end the fol14 lowing: 

15 ‘‘(d) In each annual report prepared by the Diabetes 

16 Mellitus Interagency Coordinating Committee pursuant to 

17 subsection (c), the Committee shall include an assessment 

18 of the Federal activities and programs related to pan19 creatic islet cell transplantation. Such assessment shall, 

20 at a minimum, address the following: 

21 ‘‘(1) The adequacy of Federal funding for tak22 ing advantage of scientific opportunities relating to 

23 pancreatic islet cell transplantation. 

24 ‘‘(2) Current policies and regulations affecting 

25 the supply of pancreata for islet cell transplantation. 
3

•S 2158 IS 

1 ‘‘(3) The effect of xenotransplantation on ad2 vancing pancreatic islet cell transplantation. 

3 ‘‘(4) The effect of United Network for Organ 

4 Sharing policies regarding pancreas retrieval and 

5 islet cell transplantation. 

6 ‘‘(5) The existing mechanisms to collect and co7 ordinate outcomes data from existing islet cell trans8 plantation trials. 

9 ‘‘(6) Implementation of multiagency clinical in10 vestigations of pancreatic islet cell transplantation. 

11 ‘‘(7) Recommendations for such legislation and 

12 administrative actions as the Committee considers 

13 appropriate to increase the supply of pancreases 

14 available for islet cell transplantation.’’.

Æ
#### DONALD YOUNG v. WESTINGHOUSE ELECTRIC CORPORATION.

July 2, 1984.

Cross-petition for certification granted.
II 

Calendar No. 483

108TH CONGRESS 

2D SESSION S. 2107

To authorize an annual appropriation of $10,000,000 for mental health courts 

through fiscal year 2009. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 24, 2004

Mr. DEWINE (for himself, Mr. LEAHY, Mr. DOMENICI, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

APRIL 29, 2004

Reported by Mr. HATCH, without amendment 

A BILL

To authorize an annual appropriation of $10,000,000 for 

mental health courts through fiscal year 2009.

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

3 SECTION 1. AUTHORIZATION OF APPROPRIATIONS. 

4 Section 1001(a)(20) of title I of the Omnibus Crime 

5 Control and Safe Streets Act of 1968 (42 U.S.C. 

6 3793(a)(20)) is amended by striking ‘‘fiscal years 2001 
2

S 2107 RS 

1 through 2004’’ and inserting ‘‘fiscal years 2004 through 

2 2009’’. 

Calendar No. 483

108TH CONGRESS 

2D SESSION S. 2107

A BILL

To authorize an annual appropriation of 

$10,000,000 for mental health courts through fiscal year 2009. 

APRIL 29, 2004

Reported without amendment
II 

108TH CONGRESS 

2D SESSION S. 2042

For the relief of Rocco A. Trecosta of Fort Lauderdale, Florida. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 2, 2004

Mr. GRAHAM of Florida introduced the following bill; which was read twice 

and referred to the Committee on the Judiciary 

A BILL

For the relief of Rocco A. Trecosta of Fort Lauderdale, 

Florida.

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

3 SECTION 1. COMPENSATION OF BACK PAY. 

4 (a) IN GENERAL.—The Secretary of the Treasury 

5 shall pay, out of any money in the Treasury not otherwise 

6 appropriated, to Mr. Rocco A. Trecosta of Fort Lauder7 dale, Florida, the sum of $10,000 for compensation for 

8 back pay not received as an employee of the Department 

9 of Defense Overseas Dependent Schools for service per10 formed during the period beginning April 14, 1966, 

11 through June 30, 1975. Payment under this subsection 
2

•S 2042 IS 

1 is made after the transmission of the applicable report of 

2 the United States Court of Federal Claims under section 

3 2509 of title 28, United States Code. 

4 (b) NO INFERENCE OF LIABILITY.—Nothing in this 

5 section shall be construed as an inference of liability on 

6 the part of the United States. 

7 (c) FULL SATISFACTION OF CLAIMS.—The payment 

8 authorized under subsection (a) shall be in full satisfaction 

9 of all claims of Rocco A. Trecosta against the United 

10 States for back pay in connection with his service in the 

11 Department of Defense Overseas Dependent Schools. 

12 (d) LIMITATION ON AGENTS AND ATTORNEYS

13 FEES.—No more than 10 percent of the payment author14 ized by this Act may be paid to or received by any agent 

15 or attorney for services rendered in connection with ob16 taining such payment, any contract to the contrary not17 withstanding. Any person who violates this subsection 

18 shall be guilty of a misdemeanor and shall be subject to 

19 a fine in the amount provided in title 18, United States 

20 Code.

Æ
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