alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Burt G. Ramos, Respondent, v Timothy P. Hughes, Appellant.

[972 NYS2d 367]—

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered June 19, 2012. The order, among other things, granted that part of the motion of plaintiff seeking dismissal of defendant’s fourth and fifth counterclaims.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the motion seeking dismissal of the fourth and fifth counterclaims and reinstating those counterclaims and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking partition of real property owned by the parties. In his answer, defendant asserted various counterclaims, including for breach of an unwritten domestic partnership agreement (fourth and fifth counterclaims). Thereafter, plaintiff moved, inter alia, to dismiss the counterclaims. As relevant to this appeal, Supreme Court granted that part of the motion seeking dismissal of the fourth and fifth counterclaims.

*1122We agree with defendant that he asserted legally cognizable counterclaims for breach of a domestic partnership agreement. On a motion to dismiss pursuant to CPLR 3211, pleadings are to be liberally construed *(see Leon v Martinez,*84 NY2d 83, 87 [1994]; *see also*CPLR 3026). The court is to “accept the facts as alleged in the [pleading] as true, accord [the proponent of the pleading] the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory” *(Leon,*84 NY2d at 87-88). “[T]he criterion is whether the proponent of the pleading has a cause of action, not whether he [or she] has stated one” *(id.*at 88 [internal quotation marks omitted]; *see Parker v Leonard,*24 AD3d 1255, 1256 [2005]). With respect to domestic partnership agreements, “New York courts have long accepted the concept that an express agreement between unmarried persons living together is as enforceable as though they were not living together . . . , provided only that illicit sexual relations were not ‘part of the consideration of the contract’ ” *(Morone v Morone,*50 NY2d 481, 486 [1980]). Additionally, there is no statutory requirement that such a contract be in writing *(see id.*at 488). We conclude that here defendant sufficiently pleaded counterclaims for breach of a domestic partnership agreement and that the court therefore erred in dismissing the fourth and fifth counterclaims *(see id.*at 485-488). Thus, we modify the order accordingly. Present — Scudder, PJ., Peradotto, Garni, Valentino and Whalen, JJ.
Exhibit 10.5
 P.O. Box 1734December 10, 2001
    
    Atlanta, GA 30301404.676.2121
 
 Attn:
    
    William B. Elmore, Jr.
President and Chief Operating Officer
  ®
   The Coca-Cola Company,
Coca-Cola North America DivisionBy:
    /s/ Paul W. WoodTitle: VP Bottler Business Development




---



##### 



Coca-Cola Bottling Co. Consolidated, on behalf of itself

and its subsidiaries and affiliates described above
 By:
    /s/ Umesh M. KasbekarTitle:  Vice President




---



##### 



CONFIDENTIALJOHN J. CULHANEGENERAL COUNSEL
    
    
    
    ADDRESS REPLY TOCOCA-COLA USA
    
    
    
    ATLANTA, GA 3O3OILEGAL DIVISION
    
    December 14, 1994
    
    404-818-5888FAX: 404-515-4128
 
   1
 
 1
    
    Except with respect to paragraph 3 below,
for purposes of this Agreement, the term Consolidated shall include Coca-Cola
Bottling Co, Consolidated and its directly and indirectly controlled
subsidiaries existing at any time during the term of this Agreement which are
engaged in the production or sale of beverages pursuant to Contracts with the
Company.




---



##### 








---



##### 



Very truly yours,
COCA-COLA COMPANYBy:
    /s/ John J. CulhaneTitle: General Counsel  
 By:
    /s/ Reid M. HensonTitle: Vice Chairman
EXHIBIT 23.1

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We have issued our report dated May 10, 2005, accompanying the consolidated
financial statements included in the Annual Report of InteliSys Aviation Systems
of America Inc. on Form 10-K/A for the year ended December 31, 2004. We hereby
consent to the incorporation by reference of said report in the Registration
Statements of InteliSys Aviation Systems of America Inc. on Forms S-8 (File No.
333-63064, effective June 14, 2001, File No. 333-114887, effective April 27,
2004 and File No. 333-125852, effective May 16, 2005).

/s/ GRANT THORNTON LLP

Moncton, New Brunswick
February 14, 2006
Exhibit 99(b)

CERTIFICATE REGARDING

PPL CORPORATION'S 10-Q FOR THE QUARTER ENDED JUNE 30, 2002



In connection with the quarterly report on Form 10-Q of PPL
  Corporation (the "Company") for the quarter ended June 30, 2002, as
  filed with the Securities and Exchange Commission on the date hereof (the "Covered
  Report"), I, the principal financial officer of the Company, pursuant to
  18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
  of 2002, hereby certify that:



- The Covered Report fully complies with the requirements
            of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,
            as amended; and



- The information contained in the Covered Report fairly
            presents, in all material respects, the financial condition and results
            of operations of the Company.



IN WITNESS WHEREOF, I have executed this certificate as of
    this 13th day of August, 2002.







| | /s/ John R. BiggarJohn R. Biggar
      Executive Vice President and
      Chief Financial Officer
      PPL Corporation
| | -----------------------------------------------------------------------------------------------------------------------
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
BALANCE SHEETS AND STATEMENTS OF CONSOLIDATED INCOME AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-END>                               JUN-30-1997
<CASH>                                       2,974,896
<SECURITIES>                                   100,000
<RECEIVABLES>                                4,004,127
<ALLOWANCES>                                   114,463
<INVENTORY>                                  3,625,313
<CURRENT-ASSETS>                            11,202,128
<PP&E>                                      12,886,704
<DEPRECIATION>                               6,477,375
<TOTAL-ASSETS>                              20,247,247
<CURRENT-LIABILITIES>                        1,333,277
<BONDS>                                        508,620
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       476,261
<OTHER-SE>                                  17,383,289
<TOTAL-LIABILITY-AND-EQUITY>                20,247,247
<SALES>                                      4,827,992
<TOTAL-REVENUES>                             4,827,992
<CGS>                                        2,165,405
<TOTAL-COSTS>                                1,620,872
<OTHER-EXPENSES>                               572,072
<LOSS-PROVISION>                                16,053
<INTEREST-EXPENSE>                              11,283
<INCOME-PRETAX>                                493,570
<INCOME-TAX>                                   184,564
<INCOME-CONTINUING>                            309,006
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   309,006
<EPS-PRIMARY>                                      .07
<EPS-DILUTED>                                      .07
        

</TABLE>
**Exhibit 99.2**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Annual Report of E-centives, Inc. (the “Company”) on Form10-K for the fiscal year ended December 31, 2002, as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), the undersignedhereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that to the undersigned’sknowledge:

(a)  the Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

(b)  the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

Dated this 31st day of March, 2003

 
|   | /s/ David A. Samuels    |
|--------|-------------------------|
|   | David A. Samuels        |
|   | Chief Financial Officer |

 

* A signed original of this written statementrequired by Section 906 has been provided to of E-centives, Inc. and will beretained by of E-centives, Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.

 

----
I 

118TH CONGRESS 

1ST SESSION H. R. 2017 

To provide for a limitation on availability of funds for Department of Health 

and Human Services, Office of the Secretary, Office of Medicare Hearings and Appeals for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the 

Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for a limitation on availability of funds for Department of Health and Human Services, Office of the 

Secretary, Office of Medicare Hearings and Appeals for 

fiscal year 2024. 

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


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2017 IH

1 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 DEPARTMENT OF HEALTH AND HUMAN SERV3 ICES, OFFICE OF THE SECRETARY, OFFICE OF 

4 MEDICARE HEARINGS AND APPEALS FOR FIS5 CAL YEAR 2024. 

6 Notwithstanding any other provision of the law, 

7 amounts authorized to be appropriated or otherwise avail8 able for Department of Health and Human Services, Of9 fice of the Secretary, Office of Medicare Hearings and Ap10 peals for fiscal year 2024 may not exceed $182,381,000. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
I 

118TH CONGRESS 

1ST SESSION H. R. 2300 

To provide for a limitation on availability of funds for Department of State, 

Administration of Foreign Affairs, Office of Inspector General for fiscal 

year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To provide for a limitation on availability of funds for Department of State, Administration of Foreign Affairs, 

Office of Inspector General for fiscal year 2024. 

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

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 DEPARTMENT OF STATE, ADMINISTRATION 

5 OF FOREIGN AFFAIRS, OFFICE OF INSPEC6 TOR GENERAL FOR FISCAL YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise avail9 able for Department of State, Administration of Foreign 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2300 IH

1 Affairs, Office of Inspector General for fiscal year 2024 

2 may not exceed $90,829,000. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
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 Quarterly Report of Tellabs, Inc. (the Company) on Form 10-Q for the quarter
ended September 28, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Krish A. Prabhu, the Chief Executive Officer of the Company, certify, pursuant to and for purposes of 18 U.S.C.
Section 1350, as adopted pursuant to Section 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; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/s/ Krish A. Prabhu    
|Krish A. Prabhu        
|Chief Executive Officer
|Date: November 5, 2007 

A signed original of this written statement required by Section 906 has been provided to the Company and will
be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
NOTE: This disposition is nonprecedential.



## United States Court of Appeals for the Federal Circuit

2008-3309

EDWARD GOODE,

Petitioner,

v.

DEPARTMENT OF JUSTICE,

Respondent.

Stuart A. Kirsch , Assistant General Counsel – Liti gation, American Federation of Government Employees, of Riverdale, Georgi a, argued for petitioner. With him on the
brief was Mark D. Roth , General Counsel, of Washington, DC.

Hilliary A. Stern , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States D epartment of Justice, of Washington, DC, argued for respondent. With her on the brief were Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director.

Arbitrator’s DecisionNOTE: This disposition is nonprecedential.



## United States Court of Appeals for the Federal Circuit

2008-3309

EDWARD GOODE,

Petitioner,

v.

DEPARTMENT OF JUSTICE,

Respondent.



# Judgment

ON APPEAL from the Arbitrator’s Decision

In CASE NO(S). FMCS No. 070907-60064-3.

This CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

Per Curiam (RADER, LINN, and PROST, Circuit Judges ).

AFFIRMED

. See Fed. Cir. R. 36.



### ENTERED BY ORDER OF THE COURT

DATE:_ May 8, 2009 /s/ Jan Horbaly Jan Horbaly, Clerk
I 

118TH CONGRESS 

1ST SESSION H. R. 2025 

To provide for a limitation on availability of funds for Department of 

Education, Rehabilitation Services for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To provide for a limitation on availability of funds for Department of Education, Rehabilitation Services for fiscal 

year 2024. 

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

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 DEPARTMENT OF EDUCATION, REHABILITA5 TION SERVICES FOR FISCAL YEAR 2024. 

6 Notwithstanding any other provision of the law, 

7 amounts authorized to be appropriated or otherwise availVerDate Sep 11 2014 04:10 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2025.IH H2025

kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2025 IH

1 able for Department of Education, Rehabilitation Services 

2 for fiscal year 2024 may not exceed $0. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS