alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Ronnie Cole, Appellant, v Brian Fischer, as Commissioner of Corrections and Community Supervision, Respondent.

[967 NYS2d 774]

Appeal from a judgment of the Supreme Court (Elliott, J.), entered May 23, 2012 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Central Office Review Committee denying petitioner’s grievance.

An investigation revealed a conspiracy for petitioners’ visitors to smuggle drugs into the prison in which he was incarcerated and, moreover, disclosed his plan to stage an armed escape from custody during a hospital visit. In 2006, petitioner was disciplined for that conduct and his visitation privileges were revoked. He requested that his visitation privileges be restored in 2011 and, after his application was denied by the prison superintendent, he sought review via the inmate grievance program *(see*7 NYCRR former 200.5 [d]; 701.1 [c]). Petitioner’s grievance was ultimately denied by the Central Office Review Committee, leading him to commence the present CPLR article 78 proceeding. Supreme Court dismissed the petition following joinder of issue, and this appeal ensued.

We affirm. In reviewing the “denial of petitioner’s grievance, our inquiry is limited to whether it was ‘irrational, arbitrary and capricious or affected by an error of law’ ” *(Matter of Abreu v Fischer,*97 AD3d 877, 878 [2012], *appeal dismissed and Iv denied*19 NY3d 1096 [2012], quoting *Matter of Abreu v Fischer,*87 AD3d 1213, 1213 [2011]). The prison superintendent appropriately relied upon petitioner’s institutional record and past history, however, in refusing to reinstate his visitation privileges *(see*7 NYCRR former 200.5 [d]). We thus cannot say that the denial of petitioner’s grievance was irrational. Petitioner’s remaining arguments have been examined and found to lack merit.

Peters, P.J., Lahtinen, Stein and Garry, JJ., concur. Ordered that the judgment is affirmed, without costs.
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Each of the undersigned hereby certifies, in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, in his capacity as an officer of Axesstel, Inc. (the Company), that, to his knowledge, the Amendment No. 1 to the Annual Report of the Company on Form 10-K for the period ended December 31, 2010, 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 such report fairly presents, in all material respects, the financial condition and results of
operation of the Company as of the dates and for the periods presented in the financial statements included in such report.

Dated: April 29,
2011



/s/    H. CLARK
HICKOCKH. Clark Hickock, Chief Executive Officer(Principal Executive Officer)


Dated: April 29, 2011



/s/    PATRICK
GRAYPatrick Gray, Chief Financial Officer(Principal Financial Officer)
##### 



SECURITIES AND EXCHANGE COMMISSION  Washington, D.C. 20549
 FORM 8-K  CURRENT REPORT  Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
 Date of Report
(date of earliest event reported)
July 27, 2004 NORTEL NETWORKS CORPORATION    CANADA
    
    001-07260
    
    not applicable(State or other jurisdiction
of incorporation)
    
    (Commission
File Number)
    
    (IRS Employer
Identification No.)
  8200 Dixie Road, Suite 100, Brampton, Ontario, Canada
    
    L6T 5P6(address of principal executive offices)
    
    (Zip code)
 Registrants telephone number, including area code (905) 863-0000.




---



##### 



Item 5.   Other Events On July 27, 2004, the Registrant issued the press release attached hereto as
Exhibit 99.1, and such press release is incorporated by reference herein (other
than information included on or linked from the Registrants website,
referenced in such release, which is not incorporated by reference into this
report). Item 7.   Financial Statements,Pro FormaFinancial Information and Exhibits (c) Exhibits. 99.1
    
    Press Release issued by the Registrant on July 27, 2004.
 Item 12.   Results of Operations and Financial Condition On July 27, 2004, the Registrant issued a press release providing a status
update on its financial restatement process and other related matters. Such
press release is attached hereto as Exhibit 99.1 and furnished in accordance
with Item 12 of Form 8-K.




---



##### 



SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized. NORTEL NETWORKS CORPORATIONBy:
    
    /s/ Nicholas J. DeRoma
Nicholas J. DeRoma
Chief Legal OfficerBy:
    
    /s/ Blair F. Morrison
Blair F. Morrison
Assistant Secretary
 Dated: July 27, 2004




---



##### 



EXHIBIT INDEX 99.1
    
    Press Release issued by the Registrant on July 27, 2004
EXHIBIT 32.1





CERTIFICATION


PURSUANT TO 18 U.S.C. SECTION 1350





In connection with the Quarterly Report of Sparta Commercial Services, Inc. (the “Company”) on Form 10-Q/A for the quarterly period ended January 31, 2011, as filed with the Securities and Exchange Commission on the date therein specified (the “Report”), I, Anthony L. Havens, as Chief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, 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:  April 26, 2011





/s/ Anthony L. HavensAnthony L. HavensChief Executive Officer
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 March 28, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert W. Pullen, 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/ Robert W. Pullen   
|Robert W. Pullen       
|Chief Executive Officer
|Date: May 6, 2008      

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.



28
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

February 24, 2009 

p0217 

Order 

 

February 24, 2009 

137626 

NORWOOD TWP CITIZENS FOR 

HEALTH AND SAFETY, 

Plaintiff-Appellee, 

v SC: 137626 

 COA: 284494 

Charlevoix CC: 06-043821-CZ 

WAYNE WYNKOOP, MICHELINE 

WYNKOOP, d/b/a NORWOOD LIMESTONE 

QUARRY, LLC, 

Defendants-Appellants, 

and 

NORWOOD TWP, NORWOOD TWP 

SUPERVISOR, NORWOOD TWP BOARD 

OF TRUSTEES, NORWOOD TWP 

ZONING BOARD OF APPEALS and 

NORWOOD TWP ZONING ADMINISTRATOR, 

Defendants-Appellees. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the August 13, 2008 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
IN THE UNITED STATES DISTRICT COURT FOR 

FOR THE SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA * 

vs. * CR. NO. 11-00116-CG 

RICHARD WAYNE BRUCE, * 

 Defendant. * 

ORDER 

 For good cause shown and pursuant to the provisions of Fed.R. Cr.P. 36, 

governing the correction of clerical mistakes contained in the Judgment in a 

Criminal Case, the court hereby AMENDS nunc pro tunc Standard Condition of 

Supervision number two of the judgment entered in the above styled case on 

October 31, 2011 (Doc. 26), to read as follows: 

“2) the defendant shall report to the probation officer in a manner and frequency 

directed by the court or probation officer;” 

 

DONE and ORDERED this 3rd day of November, 2011.

 /s/ Callie V. S. Granade 

 UNITED STATES DISTRICT JUDGE 

 

 

Case 1:11-cr-00116-CG-C Document 28 Filed 11/03/11 Page 1 of 1
I 

118TH CONGRESS 

1ST SESSION H. R. 2504 

To require the Corps of Engineers to prohibit certain discharges of water 

at Lake Okeechobee, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2023 

Mr. MAST introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL 

To require the Corps of Engineers to prohibit certain discharges of water at Lake Okeechobee, and for other 

purposes. 

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 ‘‘Stop Poisoning Florida 

5 Act’’. 

6 SEC. 2. LAKE OKEECHOBEE DISCHARGE PROHIBITION. 

7 The Secretary of the Army, acting through the Chief 

8 of Engineers, shall prohibit discharges of water from Lake 

9 Okeechobee through the S–308 and S–80 lock and dam 

10 structures when the water exceeds the maximum conVerDate Sep 11 2014 22:50 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2504.IH H2504

pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 2504 IH

1 centration of microcystins recommended for recreational 

2 waters by the Environmental Protection Agency, as de3 scribed in the notice titled ‘‘Recommended Human Health 

4 Recreational Ambient Water Quality Criteria or Swim5 ming Advisories for Microcystins and 

6 Cylindrospermopsin’’ (84 Fed. Reg. 26413) (or any suc7 cessor water quality criteria), based on tests conducted by 

8 the Secretary, another Federal agency, or the State of 

9 Florida. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
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








The certification set forth below is hereby made solely for the purpose of satisfying the requirements of Section 906 of the Sarbanes-Oxley Act of 2002 and may not be relied upon or used for any other purposes.





In connection with the Quarterly Report of Access Pharmaceuticals, Inc. (the “Company”) on Form 10-Q for the period ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Stephen B. Thompson, Chief Finance Officer certify pursuant to 18 U.S.C. 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.





A signed original of this written statement required by Section 906 or other document authenticating, acknowledging or otherwise adopting the signature that appears in typed form within the electronic version 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.





Signed at the City of Dallas, in the State of Texas, this 16th day of May, 2011.





/s/ Stephen B. Thompson


Stephen B. Thompson


Chief Finance Officer
Note: This disposition is nonprecedential.



## United States Court of Appeals for the Federal Circuit

2007-1538

AIRGO IP, LLC

and AIRGO SYSTEMS, LLC,

Plaintiffs-Appellants,

v.

ARVINMERITOR, INC.,

PRESSURE SYSTEMS INTERNATIONAL, INC.,

and EQUALAIRE SYSTEMS, INC.,

Defendants-Appellees.

Donald R. Dunner , Finnegan, Henderson, Farabow, Ga rrett & Dunner, L.L.P., of

Washington, DC, argued for plaintiffs-appel lants. With him on the brief were Don O.

Burley , and Denise W. DeFranco , of Cambridge, Massachuetts. Of counsel on the brief

was Daniel P. Dooley , Fellers, Snider, Blankenship, Bailey & Tippens, P.C., of

Oklahoma City, Oklahoma.

Seth P. Waxman , Wilmer Cutler Pickering Hale and Dorr LLP, of Washington,

DC, argued for defendants-appellees. With him on the brief were Edward C. DuMont

, Eric R. Columbus , and Dutch D. Chung , of Washington, DC, and Noah A. Levine , of

New York, New York.

Appealed from: United States District C ourt for the Western District of Oklahoma

Judge David L. RussellNOTE: This disposition is nonprecedential.



## United States Court of Appeals for the Federal Circuit

2007-1538

AIRGO IP, LLC

and AIRGO SYSTEMS, LLC,

Plaintiffs-Appellants,

v.

ARVINMERITOR, INC.,

PRESSURE SYSTEMS INTERNATIONAL, INC.,

and EQUALAIRE SYSTEMS, INC.,

Defendants-Appellees.



## Judgment

ON APPEAL from the United States Distr ict Court for the Western District of

Oklahoma

in CASE NO(S). 05-CV-1405

This CAUSE having been hear d and considered, it is

ORDERED and ADJUDGED:

Per Curiam (NEWMAN, MAYER and SCHALL) Circuit Judges

.

AFFIRMED

. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED May 15, 2008 /s/ Jan Horbaly

Jan Horbaly, Clerk
#### UNITED STATES of America, Plaintiff-Appellee, v. Silvestre OCAMPO-SOTELO, Defendant-Appellant.

No. 05-41549.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided June 20, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM: *

Silvestre Ocampo-Sotelo (Ocampo) appeals his sentence for illegal reentry in violation of 8 U.S.C. § 1326(a) and (b). Ocampo challenges the constitutionality of § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements of the offense that must be found by a jury in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The Government argues that the waiver provision in Ocampo’s plea agreement precludes his attack on the constitutionality of § 1326(b) and that, as a result of the waiver, Ocampo lacks standing to challenge the constitutionality of § 1326(b). We assume, *arguendo*only, that the waiver does not bar the instant appeal.

Ocampo’s constitutional challenge is foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Ocampo contends that *Almendarez-Torres*was incorrectly decided and that a majority of the Supreme Court would overrule *Almendarez-Torres*in light of *Apprendi,*we have repeatedly rejected such arguments on the basis that *Almendarez-Torres*remains binding. *See United States v. Garza-Lopez,*410 F.3d 268, 276 (5th Cir.), *cert. denied,*— U.S.-, 126 S.Ct. 298, 163 L.Ed.2d 260 (2005). Ocampo properly concedes that his argument is foreclosed in light of *Almendarez-Torres*and circuit precedent, but he raises it here to preserve it for further review.

AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
#### Grace MORRIS, Plaintiff—Appellant, v. Rhonda Rae MARRIN, Defendant—Appellee.

No. 10-1616.

United States Court of Appeals, Fourth Circuit.

Submitted: Nov. 30, 2010.

Decided: Dec. 3, 2010.

Grace Morris, Appellant Pro Se. Rhonda Rae Marrin, Appellee Pro Se.

Before WILKINSON, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Grace Morris appeals from the district court’s order dismissing her appeal from the bankruptcy court order for failure to comply with Fed. R. Bankr.P. 8006. We have reviewed the record and the district court’s order and find no reversible error and no abuse of discretion. *See*Fed. R. Bankr.P. 8001(a); *In re SPR Corp.,*45 F.3d 70, 74 (4th Cir.1995); *In re Serra Builders, Inc.,*970 F.2d 1309, 1311 (4th Cir.1992). Accordingly, we affirm for the reasons stated by the district court. *Morris v. Marrin,*No. 3:10-cv-00050-JRS (E.D.Va. Apr. 29, 2010). We 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.*
<PAGE>

                                    FORM 6-K
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549


                        Report of Foreign Private Issuer


                        PURSUANT TO RULE 13a-16 OR 15d-16
                     OF THE SECURITIES EXCHANGE ACT OF 1934

                                 March 23, 2005

                         Commission File Number: 0-22346

                                 HOLLINGER INC.
                 (Translation of registrant's name into English)

                                10 TORONTO STREET
                            TORONTO, ONTARIO M5C 2B7
                                     CANADA
                    (Address of principal executive offices)

Indicate by check mark whether the registrant files or will file annual reports
                      under cover Form 20-F or Form 40-F.

                         Form 20-F [X]     Form 40-F [ ]

Indicate by check mark if the registrant is submitting the Form 6-K in paper as
                permitted by Regulation S-T Rule 101(b)(1): ____

Indicate by check mark if the registrant is submitting the Form 6-K in paper as
                permitted by Regulation S-T Rule 101(b)(7): ____

 Indicate by check mark whether by furnishing the information contained in this
     Form, the registrant is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

                               Yes [ ]     No [X]

If "Yes" is marked, indicate below the file number assigned to the registrant in
                  connection with Rule 12g3-2(b): 82- ________

<PAGE>


                                  EXHIBIT LIST



Exhibit    Description
-------    -----------

99.1       Press Release, dated March 22, 2005, regarding Hollinger Inc.
           Status Update.




<PAGE>



SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.

Date: March 23, 2005

                                        HOLLINGER INC.

                                        By  /s/ Peter G. White
                                            ------------------------------------
                                            Name:    Peter G. White
                                            Title:   Vice President, Operations
                                                     and Secretary
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

NATHOLEE MORIN,

Appellant,

v.

BENNETT AUTO SUPPLY, INC.,

Appellee.

No. 4D22-234

[January 26, 2023]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Joseph George Marx, Judge; L.T. Case No. 

502019CA015092XXXXMB.

Shawn McCloskey of Schwed, Adams & McGinley, P.A., Palm Beach 

Gardens, & Nichole J. Segal of Burlington & Rockenbach, P.A., West Palm 

Beach, for appellant.

Jack R. Reiter & Robert C. Weill of GrayRobinson, Miami, for appellee.

PER CURIAM.

Affirmed.

MAY, LEVINE and CONNER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Exhibit 10.3


 


First Amendment
to


Employment
AGREEMENT


 


This First Amendment
to Employment Agreement (the “First Amendment”), effective as of August 10, 2015, is between Eastside Distilling,
Inc., a Nevada corporation (the “Company”), and Martin Kunkel (the “Executive”).


 


A.               Effective February
6, 2015, the Company and the Executive entered into an Employment Agreement (the “Agreement”) pursuant to which
the Executive agreed to provide certain services to the Company. The Agreement is incorporated into this First Amendment by this
reference and all defined terms in the Agreement shall have the same meaning in this First Amendment.


 


B.                The parties now
wish to modify and amend the Agreement in accordance with this First Amendment.


 


The parties, each intending
to be legally bound, agree as follows:


 


1.                 
Section 1 of the Agreement shall be amended in its entirety to read as follows:


 


“(a)             In consideration
for Executive’s performance of Executive’s duties and responsibilities with the Company, the Company shall pay to Executive,
a base salary of $104,000 per annum (the “Base Salary”). Executive will be paid in bi-weekly installments pursuant
to the Company’s normal payroll policies.”


 


2.                 
This First Amendment shall be deemed a modification of the Agreement in accordance with Section 11(h) of the Agreement.
Except as specifically modified hereby, the Agreement shall be deemed controlling and effective, and the parties hereby remake
and confirm each of the representations and warranties of the Agreement and agree to be bound by each of its terms and conditions.


 


3.                 
This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same instrument.


 


 


 


 


[Signature Page Follows]


 






     


     

    

 


 


The Company and the
Executive have duly executed this First Amendment as of the date first above written.


 


EASTSIDE
DISTILLING, INC.


 


 





By: /s/
Steven Earles                            


Name: Steven
Earles


Title: CEO


 


 


MARTIN
KUNKEL


 


/s/ Martin
Kunkel                                  





Name: Martin
Kunkel


 


 


 


[Signature Page to First Amendment to
Employment Agreement]
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

NORTHERN DIVISION

CHARLES YOUNG, : 

Plaintiff, : 

vs. : 

 CIVIL ACTION 05-0504-M

JO ANNE B. BARNHART, : 

Commissioner of

Social Security, : 

Defendant. : 

JUDGMENT

It is ORDERED, ADJUDGED, and DECREED that JUDGMENT be

entered in favor of Defendant Jo Anne B. Barnhart and against

Plaintiff Charles Young.

DONE this 16th day of March, 2006.

s/BERT W. MILLING, JR. 

UNITED STATES MAGISTRATE JUDGE

Case 2:05-cv-00504-M Document 19 Filed 03/16/06 Page 1 of 1