alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Willie Singletary, Also Known as Allen White, Appellant.

[825 NYS2d 223]

Judgment, Supreme Court, Bronx County (Edward M. Davidowitz, J., at plea; Seth L. Marvin, J., at presentence hearing and sentence), rendered March 18, 2005, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of IVs to 9 years, unanimously affirmed.

After a thorough hearing *(see Torres v Berbary,*340 F3d 63 [2d Cir 2003]), the sentencing court properly concluded that defendant had breached his plea agreement and forfeited his opportunity for a more lenient disposition. The court properly exercised its discretion in rejecting the request for leniency that defendant made at the hearing. Defendant’s additional arguments that he complied with the agreement and that he was not informed, at the time of his plea, that he had to complete both residential and aftercare portions of the program are unpreserved and we decline to review them in the interest of justice. *260Were we to review these claims, we would find that the record establishes defendant’s awareness of the aftercare condition, and that the court properly found him to be in violation of that condition, as well as the no-arrest condition of the plea agreement. Concur—Andrias, J.P., Saxe, Marlow, Nardelli and Williams, JJ.
**Exhibit 3.1.4**

**CERTIFICATE OF AMENDMENT**

**OF**

**CERTIFICATE OF INCORPORATION**

**OF**

**DUNE ENERGY, INC.**

**IT IS HEREBY CERTIFIED THAT:**

**FIRST**: The name of the corporation is Dune Energy, Inc. (hereinafter called the “Corporation”). 

**SECOND**: The Certificate of Incorporation of the Corporation was filed with the Secretary of State of the State of Delaware on November 20, 1998. 

**THIRD**: The Certificate of Incorporation is hereby amended by striking out the first paragraph of Article Fourth thereof and bysubstituting in lieu of said paragraph of said Article the following new first paragraph: 

“**FOURTH**:The total number of shares of stock which the corporation shall have authority to issue is three hundred one million (301,000,000), of which three hundred million (300,000,000) shall be shares of Common Stock and one million(1,000,000) shall be shares of preferred stock. The par value of all of such shares is $0.001 per share.” 

**FOURTH**: The amendment of the Certificate of Incorporation herein certified has been duly adopted and written consent has beengiven in accordance with the provisions of Sections 228 and 242 of the General Corporation Law of the State of Delaware. 

**IN WITNESS WHEREOF**, the undersigned has executed this Certificate of Amendment of Certificate of Incorporation this 14th day of December, 2007.
II 

109TH CONGRESS 

1ST SESSION S. 35 

To amend the Internal Revenue Code of 1986 to extend the credit for 

production of electricity from wind. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. CONRAD introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to extend 

the credit for production of electricity from wind. 

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

3 SECTION 1. EXTENSION OF CREDIT FOR PRODUCTION OF 

4 ELECTRICITY FROM WIND. 

5 (a) IN GENERAL.—Paragraph (1) of section 45(d) of 

6 the Internal Revenue Code of 1986 (relating to wind facil7 ity) is amended by striking ‘‘January 1, 2006’’ and insert8 ing ‘‘January 1, 2011’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 this section shall apply to electricity produced and sold 
2 

•S 35 IS

1 after the date of the enactment of this Act, in taxable 

2 years ending after such date. 

Æ
EXHIBIT
32.2





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 for the quarterly period ended July 31, 2010, as filed
with the Securities and Exchange Commission on the date therein specified (the
“Report”), I, Anthony W. Adler, as Principal Financial 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:  September
20, 2010





/s/
      Anthony W. AdlerAnthony
      W. AdlerPrincipal
      Financial Officer
#### The People of the State of New York, Respondent, v James F. Bruno, Appellant.

Submitted August 17, 2009;

decided August 27, 2009

Reported below, 63 AD3d 1297.

Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
#### The People of the State of New York, Respondent, v Reginald Bellot, Appellant.

Submitted June 22, 2009;

decided September 8, 2009

Reported below, 23 Misc 3d 138(A).

Motion for leave to appeal from the Appellate Term order dismissed upon the ground that the Court of Appeals does not *766have jurisdiction to entertain the motion *(see*CPLR 5602). Motion for poor person relief dismissed as academic.
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 Team, Inc. (the Company) on Form 10-Q for the period ended
February 28, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Philip J. Hawk, Chairman 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) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); 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.
HAWK                              
|Philip J. Hawk Chairman and Chief Executive Officer

April 8, 2009
#### Laura L. GRAYUM, Plaintiff-Appellant, v. Michael GREENE, individually and as Chief of Mason County Fire District No. 2; Mason County, Fire District No. 2, Defendants-Appellees.

No. 04-36091.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Sept. 15, 2006.

Filed Oct. 16, 2006.

*104Randy W. Loun, Esq., Loun & Tyner, Bremerton, WA, for Plaintiff-Appellant.

Peter Stephen DiJulio, Esq., Sarah K. Johnson, Esq., Foster Pepper & Shefel-man, PLLC, Seattle, WA, for Defendants-Appellees.

Before: SCHROEDER, Chief Judge, TALLMAN and BEA, Circuit Judges.

MEMORANDUM *

Laura L. Grayum, a paramedic-firefighter, appeals the district court’s grant of summary judgment in favor of defendants, Fire Chief Michael Greene and the Mason County Fire District No. 2 in her action alleging violation of her First Amendment rights and retaliation for the exercise of Title VII rights. She also asserts a due process claim and various state law claims of defamation, outrage and wrongful discharge in violation of public policy.

The district court properly granted summary judgment on her First Amendment claims. They are now clearly precluded by the Supreme Court’s recent decision in *Garcetti v. Ceballos,*— U.S. -, 126 S.Ct. 1951, 164 L.Ed.2d 689 (2006). Grayum made all of the statements at issue in her capacity as an employee in the fire department.

Grayum pleaded gender based discrimination claims in her complaint. Grayum, however, does not pursue her gender based discrimination claims on appeal. Rather Grayum only pursues a claim of retaliation in violation of Title VII that she first raised in her response to the defendants’ motion for summary judgment. This was after the close of discovery. Our law disallows the assertion of new claims *105after the close of discovery where such claims would place the defendant under different burdens and call for different defenses. *Coleman v. Quaker Oats,*232 F.3d 1271, 1291-94 (9th Cir.2000). This is such a case.

The plaintiff raised no triable issues of fact with respect to her due process claim or state law claims.

AFFIRMED.

*

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
**Exhibit 23**
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
We hereby consent to the incorporation by reference in the RegistrationStatement on Form S-8 (No. 333-10548) of Fairfax Financial Holdings Limited ofour report dated June 18, 2004 relating to the financial statements of TheIndividual Retirement Plan of United States Fire Insurance Company, whichappears in this Form 11-K.
 
/s/  PricewaterhouseCoopers LLP
New York, New York
#### The People of the State of New York ex rel. Kester Sandy, Appellant, v Harold D. Graham, Superintendent, Auburn Correctional Facility, Respondent.

[974 NYS2d 828]

— Ap*1327peal from a judgment (denominated memorandum, decision and order) of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered April 20, 2012 in a proceeding pursuant to CPLR article 70. The judgment denied and dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present — Fahey, J.E, Peradotto, Lindley, Sconiers and Whalen, JJ.
##### 



UNITED STATES 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) MARCH 15, 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    Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):  o

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)o

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)o

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))o

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))




---



##### 



Item 1.01. Entry into a Material Definitive Agreement On March 15, 2005, the registrant issued a press release (the Press Release), attached hereto as
Exhibit 99.1, announcing that Nortel Networks Limited (the registrants principal direct operating
subsidiary) obtained a new waiver from Export Development Canada (EDC), the terms and conditions
of which are summarized in the Press Release which is incorporated by reference herein. A copy of
the letter agreement containing the waiver to the EDC Support Facility (as defined in the Press
Release) is filed herewith as Exhibit 99.2. Item 9.01 Financial Statements and Exhibits  (c)

Exhibits99.1

Press Release issued by the registrant on March 15, 2005.99.2

Letter Agreement dated March 15, 2005 between Nortel Networks Limited and EDC.




---



##### 



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/ GORDON A. DAVIESGordon A. DaviesAssistant General Counsel  Securities
and Corporate Secretary By:
    /s/ Tracy S.J. Connelly McGilleyTracy S.J. Connelly McGilleyAssistant Secretary Dated: March 16, 2005




---



##### 



EXHIBIT INDEX  Exhibit No.

Description99.1

Press Release issued by the registrant on March 15, 2005.99.2

Letter Agreement dated March 15, 2005 between Nortel Networks Limited and EDC.
EXHIBIT
32.1





STATMON
TECHNOLOGIES CORP.





CERTIFICATION
PURSUANT TO


19
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 Statmon Technologies Corp. (the
"Company") on Form 10-Q for the period ended September 30, 2010 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Geoffrey Talbot, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. § 1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,
that to the best of my knowledge:




(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/Geoffrey P. Talbot/s/Geoffrey
      P. TalbotChief
      Executive Officer and Chief Financial OfficerNovember
      22, 2010




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 Statmon Technologies Corp. and will be
retained by Statmon Technologies Corp. and furnished to the Securities and
Exchange Commission or its staff upon request.
[Federal Register Volume 80, Number 8 (Tuesday, January 13, 2015)]
[Notices]
[Page 1646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00281]



[[Page 1646]]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Nursing Research; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meetings.
    The meetings will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Nursing Research 
Special Emphasis Panel; Research Project Grant.
    Date: February 4, 2015.
    Time: 11:00 a.m. to 12:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute of Nursing Research, National 
Institutes of Health, One Democracy Plaza, Suite 703, 6701 Democracy 
Boulevard Bethesda, MD 20892 (Telephone Conference Call).
    Contact Person: Tamizchelvi Thyagarajan, Ph.D., Scientific 
Review Officer, Office of Review, National Institute of Nursing 
Research, National Institutes of Health, 6701 Democracy Boulevard, 
Suite 703, Bethesda, MD 20892, (301) 594-0343, 
<a href="/cdn-cgi/l/email-protection#93e7f2fefae9f0fbf6ffe5fabde7fbeaf2f4f2e1f2f9f2fdd3fdfafbbdf4fce5"><span class="__cf_email__" data-cfemail="7307121e1a09101b161f051a5d071b0a121412011219121d331d1a1b5d141c05">[email protected]</span></a>.

    Name of Committee: National Institute of Nursing Research 
Special Emphasis Panel; Building Evidence: Effective Palliative/End 
of Life Care Interventions.
    Date: February 6, 2015.
    Time: 8:00 a.m. to 2:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Bethesda Marriott Suites, 6711 Democracy Boulevard, 
Bethesda, MD 20817.
    Contact Person: Mario Rinaudo, MD., Scientific Review Officer 
Office of Review, National Institutes of Nursing Research, National 
Institutes of Health, 6701 Democracy Boulevard, Suite 710, Bethesda, 
MD 20892, 301-594-5973, <a href="/cdn-cgi/l/email-protection#cda0bfa4a3acb8a9a28da0aca4a1e3a3a4a5e3aaa2bb"><span class="__cf_email__" data-cfemail="29445b4047485c4d46694448404507474041074e465f">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.361, 
Nursing Research, National Institutes of Health, HHS)

    Dated: January 7, 2015.
Michelle Trout,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2015-00281 Filed 1-12-15; 8:45 am]
BILLING CODE 4140-01-P


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</html>
#### The People of the State of New York, Respondent, v Eddie Zabala, Appellant.

[872 NYS2d 104]

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered October 2, 2007, convicting defendant, after a jury trial, of attempted assault in the first degree and criminal possession of a weapon in the second degree, and sentencing him, as a persistent felony offender, to an aggregate term of 20 years to life, unanimously modified, on the law, to the extent of amending the sentence and commitment sheet to reflect that defendant was sentenced as a persistent felony offender rather than as a persistent violent felony offender, and otherwise affirmed.

By failing to object, by making only generalized objections, and by failing to request further relief after the court took curative action, defendant has failed to preserve his present challenges to the People’s cross-examination and summation, and we decline to review them in the interest of justice. As an alternative holding, we find no basis for reversal *(see People v Overlee,*236 AD2d 133 [1997], *lv denied*91 NY2d 976 [1998]; *People v D'Alessandro,*184 AD2d 114, 118-119 [1992], *lv denied*81 NY2d 884 [1993]). With regard to the challenged portion of the cross-examination of defendant, the court took actions that *555were sufficient to prevent any prejudice. As for the summation, the remarks at issue were generally fair comment on the evidence, and any improprieties did not rise to the level of depriving defendant of a fair trial.

Defendant’s sentencing as a persistent felony offender was constitutional *(see People v Rivera,*5 NY3d 61 [2005], *cert denied*546 US 984 [2005]; *People v Graham,*48 AD3d 265 [2008], *lv denied*10 NY3d 959 [2008]).

The People concede that the sentence and commitment sheet should be amended to the extent indicated in order to correct the clerical error stating that defendant was sentenced as a persistent violent felony offender. Concur—Saxe, J.E, Gonzalez, Sweeny, Renwick and DeGrasse, JJ.
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


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, 2004, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Kerry
P. Gray, President and Chief Executive Officer certify pursuant
to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes Oxley Act of 2002, that to my knowledge (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 17th
day of May, 2004.

/s/ Kerry P. Gray
-----------------
Kerry P. Gray
President and Chief Executive Officer
#### In the Matter of Norbert Erlec, Appellant, v Margaret Johnson, Respondent.

[870 NYS2d 795]

In a child custody *731proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Queens County (Módica, J.), dated January 8, 2008, which dismissed the proceeding on the ground that the state of Illinois is a more appropriate and convenient forum.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the father’s contention, the Family Court providently exercised its discretion, after reviewing the appropriate factors, in declining to exercise jurisdiction of this matter because the state of Illinois is a more appropriate and convenient forum *(see*Domestic Relations Law § 76-f; *Matter of Eisner v Eisner,*44 AD3d 1111, 1113 [2007]; *Matter of Hall v Hall,*44 AD3d 771 [2007]; *Clark v Clark,*21 AD3d 1326, 1327 [2005]).

The father’s remaining contentions are without merit. Rivera, J.E, Santucci, Garni and Dickerson, JJ., concur.