alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### State of New York, Respondent, v City of Yonkers, Appellant.

[826 NYS2d 672]

In an action pursuant to ECL 71-1929, inter alia, to enjoin the defendant from discharging untreated sewage into the Bronx River, the defendant appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Nicolai, J.), entered February 22, 2005, which granted the plaintiffs motion for summary judgment on its claims for injunctive relief and for severance of its claim for civil penalties, and denied its cross motion for summary judgment dismissing the complaint.

Ordered that the order and judgment is affirmed, with costs.

The plaintiff established its prima facie entitlement to summary judgment on its claims for injunctive relief by demonstrating that the defendant was discharging untreated sewage from 17 of its storm sewer outfall pipes into the Bronx River in violation of ECL 17-0501 and 17-0803 and that those discharges created a public nuisance *(see e.g. Wheeler v Lebanon Val. Auto Racing Corp.,*303 AD2d 791 [2003]; *Matter of Howard v Cahill,*290 AD2d 712 [2002]; *Matter of Colella v New York State Dept. of Envtl. Conservation,*196 AD2d 162 [1994]; *Flacke v Salem Hills Sewage Disposal Corp.,*91 AD2d 739 [1982]; *Town of Hempstead v City of New York,*88 Misc 2d 366 [1976]; *Catskill Mtns. Ch. of Trout Unlimited, Inc. v City of New York,*244 F Supp 2d 41 [2003], *affd in part*451 F3d 77 [2006]). In opposition, the defendant failed to raise a triable issue of fact (see *John v Tishman Constr. Corp. of N.Y.,*32 AD3d 458 [2006]; *Pastore v Zlatniski,*122 AD2d 840, 841 [1986]; *Matter of De Roche v Osborne,*179 Misc 589, 592 [1942]; *United States v City of Toledo,*867 F Supp 598, 602 [1994]; *Public Interest Research*
      *720
      *Group of N.J. v Yates Indus., Inc.,*757 F Supp 438, 447 [1991]). Therefore, the Supreme Court properly granted the plaintiffs motion.

The defendant failed to establish its prima facie entitlement to summary judgment dismissing the complaint *(see Napoli v Ambus, Inc.,*31 AD3d 623 [2006]). Contrary to the defendant’s contention, its State Pollutant Discharge Elimination System permit for stormwater discharges does not authorize it to discharge untreated sewage through its stormwater sewers *(see*ECL 17-0803, 17-0105 [17]; 17-0509 [2]; *Biggane v City of Lackawanna,*80 Misc 2d 816 [1974]). Accordingly, we need not review the sufficiency of the plaintiffs opposition papers, and the Supreme Court properly denied the defendant’s cross motion.

The defendant’s remaining contentions are without merit. Schmidt, J.P, Santucci, Skelos and Lunn, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
This schedule contains summary financial information extracted from the
consolidated statement of income, consolidated balance sheet, and consolidated
statement of cash flows for the form 10-Q dated September 30, 1998 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK> 0000317187
<NAME> PP&L, INC.
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1998
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                        4,252
<OTHER-PROPERTY-AND-INVEST>                        688
<TOTAL-CURRENT-ASSETS>                             826
<TOTAL-DEFERRED-CHARGES>                         3,164
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                                   8,930
<COMMON>                                         1,476
<CAPITAL-SURPLUS-PAID-IN>                           44
<RETAINED-EARNINGS>                                231
<TOTAL-COMMON-STOCKHOLDERS-EQ>                   1,751
<PREFERRED-MANDATORY>                              295
<PREFERRED>                                        171
<LONG-TERM-DEBT-NET>                             2,819
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                     114
<LONG-TERM-DEBT-CURRENT-PORT>                        0
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                         89
<LEASES-CURRENT>                                    57
<OTHER-ITEMS-CAPITAL-AND-LIAB>                   3,634
<TOT-CAPITALIZATION-AND-LIAB>                    8,930
<GROSS-OPERATING-REVENUE>                        2,811
<INCOME-TAX-EXPENSE>                               208
<OTHER-OPERATING-EXPENSES>                       2,178
<TOTAL-OPERATING-EXPENSES>                       2,386
<OPERATING-INCOME-LOSS>                            425
<OTHER-INCOME-NET>                                  32
<INCOME-BEFORE-INTEREST-EXPEN>                     457
<TOTAL-INTEREST-EXPENSE>                           147
<NET-INCOME>                                     (638)<F1>
<PREFERRED-STOCK-DIVIDENDS>                         36
<EARNINGS-AVAILABLE-FOR-COMM>                    (674)
<COMMON-STOCK-DIVIDENDS>                             0
<TOTAL-INTEREST-ON-BONDS>                            0
<CASH-FLOW-OPERATIONS>                             483
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>Net income includes an extraordinary item of ($948) million ($1,614 million net
of $666 million of income taxes) reflecting the effects of a Pennsylvania
Public Utility Commission Restructuring Order and deregulation PP&L's electric
generation operations.
</FN>
        

</TABLE>
Exhibit




Exhibit 10.102


AdCare Health Systems, Inc.
Two Buckhead Plaza
3050 Peachtree Road NW, Suite 355
Atlanta, Georgia 30305






July 17, 2015


Mr. Blaine Brint
President / CFO
Highlands Arkansas Holdings, LLC
2 Office Park Circle, Suite 110
Birmingham, AL 35223


		
	Re:
	Facility Sublease Agreements / 9 Arkansas Facilities


Dear Blaine:
This letter will confirm our agreement with respect to the equitable adjustments contemplated in the nine sublease agreements for Arkansas facilities (collectively, the “Leases”) leased by subsidiaries of AdCare Health Systems, Inc. (collectively, “ADK”) to affiliates of Highlands Arkansas Holdings, LLC (collectively, “Highlands Arkansas”), relating to a one-time equitable adjustment to Base Rent relating to projected professional liability and general liability insurance costs and projected costs.
Specifically, the parties expressly agree that such equitable adjustment shall total $360,000 cumulatively for all 9 Leases, to be apportioned by the parties pursuant to mutually acceptable lease amendments finalized on or before July 24, 2015; provided, however, that there shall be no such equitable adjustment with respect to the River Valley Facility because the Base Rent under such Facility Lease reflects an appropriate equitable adjustment.  The parties further agree that as consideration for this one-time equitable adjustment, that the Base Rent under all of the Leases after the initial Lease Year shall be increased during each subsequent Lease Year by three percent (3%), and that the amendments to Leases shall reflect this increased Base Rent escalation.  Finally, the parties acknowledge and agree that the Leases shall also be amended to delete to paragraph at the end of Section 7.7 to each Lease relating to the Reimbursement Threshold.        
	
						
	 
	 
	 
	Sincerely, 
	 
	 

	 
	 
	 
	 
	 
	 

	 
	 
	 
	ADCARE HEALTH SYSTEMS, INC.

	 
	 
	 
	 
	 
	 

	 
	 
	 
	/s/ William McBride, III

	 
	 
	 
	William McBride, III, Chairman and

	 
	 
	 
	Chief Executive Officer

	ACKNOWLEDGED AND AGREED TO:
	 
	 
	 

	 
	 
	 
	 
	 
	 

	HIGHLANDS ARKANSAS HOLDINGS, LLC
	 
	 

	 
	 
	 
	 
	 
	 

	By:
	/s/ R. Denny Barnett
	(Seal)
	 
	 
	 

	 
	Managing Member
	 
	 
	 

	Date:
	7/17/2015
	 
	 
	 
	 





525265
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-1958

RICHARD L. EVANS; FRANK M. PECK, JR.,

Plaintiffs - Appellants,

versus

ROBERT G. CHAFIN, of the Circuit Court of

Wayne County, West Virginia; WEST VIRGINIA

SUPREME COURT, State of West Virginia; EARL C.

BEVINS; W. NICHOLAS REYNOLDS,

Defendants - Appellees.

Appeal from the United States District Court for the Southern

District of West Virginia, at Huntington. Joseph Robert Goodwin,

District Judge. (CA-97-222-3)

Submitted: April 29, 1998 Decided: May 13, 1998

Before MURNAGHAN, NIEMEYER, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Richard L. Evans, Frank M. Peck, Jr., Appellants Pro Se. John

Albert Grafton, Noelle Aimee Starek, SHUMAN, ANNAND & POE, Charleston, West Virginia; P. Nathan Bowles, Jr., BOWLES, RICE, MCDAVID,

GRAFF & LOVE, Charleston, West Virginia; Joseph Michael Farrell,

Jr., FARRELL, FARRELL & FARRELL, L.C., Huntington, West Virginia,

for Appellees.
2

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Appellants appeal the district court's order denying relief on

their civil complaint. We have reviewed the record and the district

court's opinion and find no reversible error. Accordingly, we

affirm on the reasoning of the district court. Evans v. Chafin, No.

CA-97-222-3 (S.D.W. Va. June 25, 1997). We deny Appellants' motion

for leave to present status report and dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the decisional process.

AFFIRMED
### IN THE SUPREME COURT OF THE STATE OF MONTANA DA 22 - 0177

_________________ IN THE MATTER OF P.R.S.,

Youth in Need of Care. O R D E R

_________________ This Court reviews briefs to ensure compliance with Rules 1 0 - 13 of the Montana Rules of Appellate Procedure. A fter reviewing the Appellant ’ s brief filed on June 23, 2022 , this Court has determined that the brief does not comp ly with the Rule s and must be resub mitted. M. R. App. P. 10(2) requires that all briefs appealing proceedings reg arding abused or negl ected children shall be served on both the County Attorney and the Attorney Genera l. The certificate of service on the Appellant's Brief indicates that it was served only on the Yellowstone County Attorney, not upon the Attorney Gene ral. The Court will accept Appellant ’ s brief for filing after it has been served upon the Attorney Genera l. Therefore , IT IS ORDERED that Appellant shall, within tw enty ( 2 0) days, serve a copy of Appellant ’ s brief on the Attorney General of the State of Mo ntan a and shall re file the brief with the Clerk of this Court including an amended Certificate of Service indicating such service; IT IS FURTHER ORDERED that no changes, additions, or deletions other than those specified in this Order may be made to the brief as originally filed . I T I S F URT H E R O RD E RE D th at th e ti me s f o r any s ub s e qu e nt b ri e f

in g c o nt ain e d in M . R . A

p p . P . 1 3 s h a l l r

un f ro m th e d at e o f f

i l in g o f th e re vi s e d brief

. The Clerk of this Court is directed to mail a true copy of this Order to counsel for 06/24/2022

Case Number: DA 22-0177Appellant and to mail a true copy of this Order to all counsel upon whom the brief was

served.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

June 24 2022
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER>1,000

<S>                                                            <C>
<PERIOD-TYPE>                                                         YEAR
<FISCAL-YEAR-END>                                              DEC-31-1999
<PERIOD-END>                                                   DEC-31-1999
<CASH>                                                              15,780
<SECURITIES>                                                             0
<RECEIVABLES>                                                        1,035
<ALLOWANCES>                                                        54,000
<INVENTORY>                                                              0
<CURRENT-ASSETS>                                                    17,490
<PP&E>                                                               7,669
<DEPRECIATION>                                                       1,382
<TOTAL-ASSETS>                                                      24,053
<CURRENT-LIABILITIES>                                                4,104
<BONDS>                                                                  0
<PREFERRED-MANDATORY>                                                    0
<PREFERRED>                                                              0
<COMMON>                                                            42,826
<OTHER-SE>                                                               0
<TOTAL-LIABILITY-AND-EQUITY>                                        24,053
<SALES>                                                                  0
<TOTAL-REVENUES>                                                     9,073
<CGS>                                                                    0
<TOTAL-COSTS>                                                       25,727
<OTHER-EXPENSES>                                                         0
<LOSS-PROVISION>                                                         0
<INTEREST-EXPENSE>                                                      57
<INCOME-PRETAX>                                                   (16,478)
<INCOME-TAX>                                                             2
<INCOME-CONTINUING>                                               (16,480)
<DISCONTINUED>                                                           0
<EXTRAORDINARY>                                                          0
<CHANGES>                                                                0
<NET-INCOME>                                                      (16,480)
<EPS-BASIC>                                                       (2.05)
<EPS-DILUTED>                                                       (2.05)


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

<ARTICLE>                      5
       
<S>                            <C>
<PERIOD-TYPE>                  3-mos
<FISCAL-YEAR-END>              Dec-31-1999
<PERIOD-END>                   Mar-31-1999
<CASH>                         1,881,167
<SECURITIES>                   000
<RECEIVABLES>                  3,590
<ALLOWANCES>                   000
<INVENTORY>                    000
<CURRENT-ASSETS>               1,888,787
<PP&E>                         12,405,709
<DEPRECIATION>                 (6,775,636)
<TOTAL-ASSETS>                 7,518,860
<CURRENT-LIABILITIES>          226,570
<BONDS>                        3,806,478
<PREFERRED-MANDATORY>          000
<PREFERRED>                    000
<COMMON>                       000
<OTHER-SE>                     2,361,271
<TOTAL-LIABILITY-AND-EQUITY>   7,518,860
<SALES>                        423,071
<TOTAL-REVENUES>               447,119
<CGS>                          000
<TOTAL-COSTS>                  239,647
<OTHER-EXPENSES>               142,543
<LOSS-PROVISION>               000
<INTEREST-EXPENSE>             100,379
<INCOME-PRETAX>                (39,046)
<INCOME-TAX>                   000
<INCOME-CONTINUING>            (39,046)
<DISCONTINUED>                 000
<EXTRAORDINARY>                000
<CHANGES>                      000
<NET-INCOME>                   (39,046)
<EPS-PRIMARY>                  (.75)
<EPS-DILUTED>                  (.75)
        


</TABLE>
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  NewMarket  Technology,  Inc. and its
subsidiaries  (the "Company") on Form 10-K for the year ended December 31, 2006,
as filed with the  Securities  and Exchange  Commission  on the date hereof (the
"Report"),  the undersigned,  in the capacity and date indicated  below,  hereby
certifies pursuant to 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.


Date: May 21, 2007                                       /s/ Philip J. Rauch

                                                         -----------------------
                                                         Philip J. Rauch
                                                         Chief Financial Officer

<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  NewMarket  Technology,  Inc.  (the
"Company") on Form 10-K for the period ended December 31, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),  I, Philip
J. Rauch, as 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)  This 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/ Philip J. Rauch
-------------------
Philip J. Rauch
Chief Financial Officer

May 21, 2007
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Krupp
Associates 1980-1 Financial Statements for the six months ended June 30, 1997
and is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                             12-31-97
<PERIOD-END>                                  06-30-97
<CASH>                                          62,810
<SECURITIES>                                         0
<RECEIVABLES>                                    2,217<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               172,861
<PP&E>                                       5,012,882<F2>
<DEPRECIATION>                             (2,859,100)<F3>
<TOTAL-ASSETS>                               2,392,170
<CURRENT-LIABILITIES>                        1,012,035
<BONDS>                                      3,464,614<F4>
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                   (2,084,479)<F5>
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 2,392,170
<SALES>                                              0
<TOTAL-REVENUES>                               539,203<F6>
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               447,347<F7>
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             180,988
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (89,132)<F8>
<EPS-PRIMARY>                                        0<F8>
<EPS-DILUTED>                                        0<F8>
<FN>
<F1>Includes all receivables grouped in "Prepaid Expenses and Other Assets" on
the balance sheet.
<F2>Includes apartment complexes of $4,866,257 and deferred expenses of $146,625.
<F3>Included depreciations of $2,819,651 and amortization of deferred expenses
of $39,449.
<F4>Represents mortgage note payable of $2,207,229 and note payable to affiliate
of $1,257,385.
<F5>Represents total deficit of the general partners (1,287,366) and limited
partners (797,113).
<F6>Includes all revenue of the Partnership.
<F7>Includes operating expenses of $290,863 real estate taxes of $65,180 and
depreciation and amortization of $91,304.
<F8>Net loss allocated (8,022) to general partners and (88,246) to limited
partners.  Average net loss of ($20.05) per unit on 4,000 units outstanding.
</FN>
        

</TABLE>
<PAGE>

                                                                    EXHIBIT 32.2

                                  SYMBION, INC.
                            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 on Form 10-K of Symbion, Inc. (the
"Company") for the year ended December 31, 2005, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Kenneth C.
Mitchell, Chief Financial Officer and Senior Vice President of Finance 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) The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

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


Date: March 14, 2006

                                              /s/ Kenneth C. Mitchell
                                              --------------------------------
                                              Kenneth C. Mitchell
                                              Chief Financial Officer and
                                              Senior Vice President of Finance