alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Joseph Kleinplatz, Appellant, v Karen Burstein, Respondent, et al., Defendants.

[974 NYS2d 783]

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered April 2, 2013, which, after directing a traverse hearing in this action alleging legal malpractice, dismissed the complaint due to improper service, unanimously affirmed, without costs.

Plaintiff commenced this action by service of a summons with notice on October 13, 2008. On October 15, 2008, defendant’s counsel served on plaintiff a notice of appearance and demand for complaint. Defendant averred that the complaint was never received following the demand. Plaintiff contended that he served the complaint on October 14, 2008, sending it via first-class mail to defendant’s counsel, but he failed to submit clear evidence indicating that such mailing occurred. Under these circumstances, dismissal of the complaint was proper *(see Forty Cent. Park S., Inc. v Kiss,*40 AD3d 236 [1st Dept 2007]).

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Tom, J.E, Mazzarelli, Freedman, Richter and Feinman, JJ.
**EXHIBIT 32**

 

**CERTIFICATION PURSUANT TO**

**18 USC, SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

          In connection with this annual report of Endeavor Power Corp. (the “Company”) on Form 10-K for the fiscal year ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), we, the undersigned, in the capacities and on the date indicated below, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of our knowledge:

 

|   | 1. | The Report fully complies with the requirements of Rule 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. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

| Dated:  May 17, 2010 | s/Richard O. Weed____________________

Richard O. Weed, Chief Executive Officer

and Chief Financial Officer |
|----------------------|--------------------------------------------------------------------------------------------------------------|
#### Margaret Godfrey et al., Appellants, v Andrew J. Spano et al., Respondents. New York State Comptroller, Intervenor-Respondent.

Submitted September 14, 2009;

decided September 17, 2009

Reported below, 57 AD3d 941.

Motion by New Yorkers for Constitutional Freedoms for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served and 24 copies filed within seven days.
663 A.2d 638

#### IN THE MATTER OF MARK V. SILVERBERG, AN ATTORNEY AT LAW.

September 13, 1995.

ORDER

The Disciplinary Review Board having filed its decision with the Court on July 11, 1995, recommending that MARK V. SILVER-BERG of EAST BRUNSWICK, who was admitted to the bar of this State in 1983, be reprimanded for violating *RPC*1.1(a) (gross neglect), *RPC*1.3 (lack of diligence) and *RPC*8.4(c) (misrepresentation), and good cause appearing;

It is ORDERED that MARK V. SILVERBERG is hereby reprimanded; and it is further

ORDERED that the entire record of this matter be made a permanent part of respondent’s file as an attorney at law of this State; and it is further

ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs incurred in the prosecution of this matter.
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 on Form 10-QSB (the "Report") of Colorado Wyoming Reserve Company (the "Company") for the quarter ended March 31, 2004, I, Kim Fuerst, the Chief Executive Officer of the Company, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of the undersigned's knowledge and belief:

(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:  June 29, 2005

/s/ Kim Fuerst



Kim Fuerst



Chief Executive Officer
#### In the Matter of Janae H., an Infant. Administration for Children’s Services, Respondent; Charisse H., Appellant. Marlon D., Nonparty Respondent. (Proceeding No. 1.) In the Matter of Kyah H., an Infant. Administration for Children’s Services, Respondent; Charisse H., Appellant. Marlon D., Nonparty Respondent. (Proceeding No. 2.) In the Matter of Sanaa H., an Infant. Administration for Children’s Services, Respondent; Charisse H., Appellant. Marlon D., Nonparty Respondent. (Proceeding No. 3.) In the Matter of Mia H., an Infant. Administration for Children’s Services, Respondent; Charisse H., Appellant. Marlon D., Nonparty Respondent. (Proceeding No. 4.) In the Matter of Justin H., an Infant. Administration for Children’s Services, Respondent; Charisse H., Appellant. Marlon D., Nonparty Respondent (Proceeding No. 5.)

[962 NYS2d 909]

—In related proceedings pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Kings County (Beckoff, J), dated March 12, 2012, as, without a hearing, in effect, denied her application to direct that the visitation of the nonparty respondent father with the child Justin H. be supervised and permitted the father to continue his unsupervised visitation with Justin H. on alternate weekends.

*960Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Under the circumstances of this case, the Family Court had adequate information before it to determine, without an evidentiary hearing, that it was in the best interests of the child Justin H. to continue unsupervised visitation with his father on alternate weekends *(see Matter of Cardona v Vantassel,*96 AD3d 1052, 1053 [2012]; *Matter of Feldman v Feldman,*79 AD3d 871, 871-872 [2010]).

Dillon, J.P, Balkin, Austin and Sgroi, 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                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

*Dates and Times:* December 23, 2014, at 1:00 p.m.

*Place:* Washington, DC, via Teleconference.

*Status: Committee Votes to Close December 23, 2014, Meeting:* By telephone vote on December 23, 2014, members of the Temporary Emergency Committee of the Board of Governors of the United States Postal Service met and voted unanimously to close to public observation its meeting held in Washington, DC, via teleconference. The Committee determined that no earlier public notice was possible.

*Matters Considered:*

*Tuesday, December 23, 2014, at 1:00 p.m.*

1. Strategic Issues.

2. Financial Matters.

*General Counsel Certification:* The General Counsel of the United States Postal Service has certified that the meeting was properly closed under the Government in the Sunshine Act.

*Contact Person for More Information:* Julie S. Moore, Secretary of the Board, U.S. Postal Service, 475 L'Enfant Plaza SW., Washington, DC 20260-1000, telephone (202) 268-4800.

Julie S. Moore,

Secretary, Board of Governors. 

[FR Doc. 2014-30977 Filed 12-31-14; 4:15 pm]

BILLING CODE 7710-12-P
<TABLE> <S> <C>

    <ARTICLE>                         5

    <S>                               <C>
    <PERIOD-TYPE>                     3-MOS
    <FISCAL-YEAR-END>                       DEC-31-1999
    <PERIOD-START>                          APR-01-1999
    <PERIOD-END>                            JUN-30-1999
    <CASH>                                            0
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</TABLE>
EX-31 Rule 13a-14(d)/15d-14(d) Certification.

  Re: Citigroup Mortgage Loan Trust Inc., Series 2007-OPX1
  Asset-Backed Pass-Through Certificates, Series 2007-OPX1

  I, Joshua Kelly, certify that:

  1.I have reviewed this annual report on Form 10-K and all reports on Form
    10-D required to be filed in respect of the period covered by this
    report on Form 10-K of Citigroup Mortgage Loan Trust Inc., Asset-Backed
    Pass-Through Certificates, Series 2007-OPX1 (the "Exchange Act periodic
    reports");

  2.Based on my knowledge, the Exchange Act periodic reports, taken as a
    whole, do not contain any untrue statement of a material fact or omit
    to state a material fact necessary to make the statements made, in
    light of the circumstances under which such statements were made, not
    misleading with respect to the period covered by this report;

  3.Based on my knowledge, all of the distribution, servicing and other
    information required to be provided under Form 10-D for the period
    covered by this report is included in the Exchange Act periodic reports;

  4.I am responsible for reviewing the activities performed by the
    servicers and based on my knowledge and the compliance reviews
    conducted in preparing the servicer compliance statements required in
    this report under Item 1123 of Regulation AB, and except as disclosed
    in the Exchange Act periodic reports, the servicers have fulfilled
    their obligations under the servicing agreements in all material
    respects; and

  5.All of the reports on assessment of compliance with servicing criteria
    for asset-backed securities and their related attestation reports on
    assessment of compliance with servicing criteria for asset-backed
    securities required to be included in this report in accordance
    with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and
    15d-18 have been included as an exhibit to this report, except as
    otherwise disclosed in this report. Any material instances of
    noncompliance described in such reports have been disclosed in this
    report on Form 10-K.

    In giving the certifications above, I have reasonably relied on
    information provided to me by the following unaffiliated parties:
    Cenlar, FSB as Sub-Servicer for Orchid Island TRS, LLC f/k/a Opteum
    Financial Services, LLC, Midfirst Bank as Servicer and Midland Mortgage
    as Sub-Servicer for Midfirst Bank.

    Dated:   March 28, 2008


    /s/ Joshua Kelly
    Signature

    Vice President
    (Senior officer in charge of the servicing function of the master
    servicer)
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
PARTNERSHIP'S STATEMENTS OF EARNINGS AND BALANCE SHEETS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                       5,593,229
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             5,593,229
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               6,461,457
<CURRENT-LIABILITIES>                               57
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   6,461,400
<TOTAL-LIABILITY-AND-EQUITY>                 6,461,457
<SALES>                                              0
<TOTAL-REVENUES>                               388,189
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               694,301
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (306,112)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (306,112)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (306,112)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
##### 



Exhibit 99.2 (EXTENDICARE LOGO) NEWS RELEASE
FOR IMMEDIATE RELEASE
February 16, 2005 Extendicare Inc. Declares Preferred Share Dividend Payment  TSX: EXE.PR.E MARKHAM, ONTARIO  Extendicare Inc. (TSX: EXE.MV and EXE.SV; NYSE: EXE) announced today that a
monthly dividend of $0.071 per share, on the Companys Class II Preferred Shares, Series 1
(EXE.PR.E) has been declared payable on March 15, 2005 to shareholders of record on February 28,
2005. The floating rate monthly dividend on the Class II Preferred Shares, Series 1 is based on the
prime interest rate on January 31, 2005. For further information, contact: Extendicare Inc.
Christopher Barnes
Manager, Investor Relations
Telephone: (905) 470-5483
Fax: (905) 470-4003
Visit Extendicares Website @ www.extendicare.com - 30 -
Exhibit 15.1








May 29, 2012








Securities and Exchange Commission


100 F Street, N.E.


Washington, DC 20549





Ladies and Gentlemen:





We have read the paragraphs contained within the section titled “New Independent Registered Public Accounting Firm” within Item 16-F of Gafisa S.A.’s 2009 Form 20-F/A dated May 29, 2012. We are in agreement with the statements contained therein, except that we have no basis to agree or disagree with the actual date that the registrant engaged PricewaterhouseCoopers Auditores Independentes for the re-audit of the 2009 consolidated financial statements.





In addition, we have no basis to agree or disagree with statements of the registrant contained in within the section “Previous Independent Registered Public Accounting Firm” of Item 16-F.





/s/ Ernst & Young Terco Auditores Independentes S.S.


Ernst & Young Terco Auditores Independentes S.S.


CRC 2SP-015.199/O-6
<TABLE> <S> <C>

<ARTICLE>      5
<LEGEND>
          This schedule contains summary financial information extracted from
     the balance sheets and statements of operations found on pages 2 and 3 of
     the Company's Form 10-QSB for the year to date, and is qualified in its
     entirety by reference to such financial statements.
</LEGEND>
<CIK>                         0000318852
<NAME>                        COLORADO WYOMING RESERVE C0MPANY
<MULTIPLIER>                  1
<CURRENCY>                    U.S. Dollars


<S>                             <C>          <C>
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<FISCAL-YEAR-END>               JUN-30-2000  JUN-30-2000
<PERIOD-START>                  JAN-01-2000  JUL-01-1999
<PERIOD-END>                    MAR-31-2000  MAR-31-2000
<EXCHANGE-RATE>                 1            1
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<CURRENT-ASSETS>                8,272        8,272
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</TABLE>
Electronically Filed Intermediate Court of Appeals CAAP-17-0000656 12-MAR-2019 09:42 AM
#### In the Matter of Audel Beltran, Appellant, v New York State Board of Parole, Respondent.

[962 NYS2d 919]

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered March 15, 2012 in Franklin County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole release.

Petitioner commenced this CPLR article 78 proceeding challenging a January 2011 determination of respondent denying his request for parole release. The Attorney General has advised this Court that petitioner reappeared before respondent in December 2012, at which time he was granted an open parole release date of March 7, 2013. In view of this, the appeal must be dismissed as moot *(see Matter of Phillips v Lemons,*79 AD3d *12251555 [2010]; *Matter of Wingate v New York State Div. of Parole,*50 AD3d 1336, 1337 [2008]).

Mercure, J.E, Stein, Spain and McCarthy, JJ., concur.

Ordered that the appeal is dismissed, as moot, without costs.
#### In the Matter of Janiyah T., a Child Alleged to be Neglected. Nyree T., Appellant; Administration for Children’s Services, Respondent.

[973 NYS2d 18]

Order of disposition, Family Court, New York County (Susan K. Knipps, J.), entered on or about April 11, 2012, which, upon a fact-finding determination that respondent neglected her child by failing to ensure that the child was not exposed to sexually explicit materials and by failing to secure an adequate evaluation after being advised of the child’s extreme sexualized behaviors, placed the child in the custody of the Commissioner of Social Services until completion of the next permanency hearing, unanimously affirmed, without costs.

The findings of neglect based upon exposure to sexually explicit material and failure to provide appropriate care and supervision by refusing to take steps to protect the child from suspected sexual and physical abuse were sufficiently supported by a preponderance of the evidence *(see Matter of Nicole V.,*71 NY2d 112, 117-119 [1987]; *Matter of Joshua J.P. [Deborah P.],*
      *417105 AD3d 552 [1st Dept 2013]; *Matter of Selena R. [Joseph L.],*81 AD3d 449, 450 [1st Dept 2011], *lv denied*16 NY3d 714 [2011]; Family Ct Act §§ 1012 [f] [i]; 1046).

The child informed investigators that she had watched pornographic DVDs with the mother on multiple occasions, which statement was adequately corroborated by the psychologist’s opinion that a child would not exhibit the extreme sexualized behavior at issue here, without having either learned, seen, or experienced it *(see Matter of Nicole V.,*71 NY2d at 118-119; *Matter of Selena R.,*81 AD3d at 450; *Matter of Shirley C. M.,*59 AD3d 360, 360-361 [1st Dept 2009]).

Finally, the excessive corporal punishment count that was dismissed by the court is beyond the scope of this appeal because neither Administration for Children’s Services nor the attorney for the child took an appeal from the subject order *(see Hecht v City of New York,*60 NY2d 57, 61 [1983]; *McHale v Anthony,*41 AD3d 265, 266-267 [1st Dept 2007]), and the mother was not aggrieved by that portion of the order *(see Segar v Youngs,*45 NY2d 568, 572-573 [1978]; *Stark v National City Bank,*278 NY 388, 394 [1938]). Concur — Friedman, J.P., Moskowitz, Richter, Manzanet-Daniels and Gische, JJ.