alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Darrell R. Day et al., Respondents, v Juan F. Santos et al., Appellants.

[870 NYS2d 30]

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered March 26, 2008, which denied defendants’ motion for summary judgment dismissing the complaint for lack of a serious injury within the meaning of Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Defendants made a prima facie showing of their entitlement to summary judgment by submitting the affirmed report of an expert who examined plaintiff Rebecca Mattos and concluded, based upon objective tests conducted, that she had not suffered a permanent consequential limitation or a significant limitation *(see Onishi v N & B Taxi, Inc.,*51 AD3d 594, 595 [2008]). Plaintiffs failed to raise a triable issue of fact with their expert’s affirmed report finding limitations in Mattos’s range of motion, as the expert’s examination was conducted more than two years after the accident *(see Ali v Khan,*50 AD3d 454, 455 [2008]; *Batts v Medical Express Ambulance Corp.,*49 AD3d 294, 295 [2008]). Additionally, Mattos offered no explanation for the discontinuation of her treatment within six months after the accident *(see Pommells v Perez,*4 NY3d 566, 574 [2005]).

Defendants also established prima facie that Mattos did not suffer a 90/180-day injury, and Mattos failed to raise a triable issue of fact, given her testimony that she went back to work immediately after the accident *(see Gorden v Tibulcio,*50 AD3d 460, 463 [2008]; *Guadalupe v Blondie Limo, Inc.,*43 AD3d 669, 670 [2007]). Concur—Mazzarelli, J.E, Saxe, Friedman, Acosta and DeGrasse, JJ.
[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78446-78447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30461]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1027]


Agency Information Collection Activities; Announcement of Office 
of Management and Budget Approval; Infant Formula Recall Regulations

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
collection of information entitled ``Infant Formula Recall 
Regulations'' has been approved by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver 
Spring, MD 20993-0002, <a href="/cdn-cgi/l/email-protection#550507140621343333153331347b3d3d267b323a23"><span class="__cf_email__" data-cfemail="603032213314010606200604014e0808134e070f16">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On October 27, 2014, the Agency submitted a 
proposed collection of information entitled ``Infant Formula Recall 
Regulations'' to OMB for review and clearance under 44 U.S.C. 3507. An 
Agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it

[[Page 78447]]

displays a currently valid OMB control number. OMB has now approved the 
information collection and has assigned OMB control number 0910-0188. 
The approval expires on November 30, 2017. A copy of the supporting 
statement for this information collection is available on the Internet 
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: December 22, 2014.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2014-30461 Filed 12-29-14; 8:45 am]
BILLING CODE 4164-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### Chris JETER, Petitioner—Appellant, v. William WHITE, Warden of Broad River Correctional Institution; Henry McMaster, Attorney General of South Carolina, Respondents—Appellees.

No. 06-7125.

United States Court of Appeals, Fourth Circuit.

Submitted: Oct. 17, 2006.

Decided: Oct. 23, 2006.

Chris Jeter, Appellant Pro Se.

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Chris Jeter seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2254 (2000) petition as successive. The order is not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Jeter has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.

*DISMISSED.*
## NO. 12-09-00108-CV IN THE COUR T OF APP EALS TWELFTH COURT OF APP EALS D ISTR ICT

TYLER, TEXA S

IN RE: DERE

K BA RBE

E, § GUARDIAN OF THE PE RSON AND ESTA TE OF RIC

KY BAR BEE

, § ORIGINAL PROCEE DING RELATOR § MEMORA NDUM OPIN ION On Marc h 19, 2009, Respondent signed an or der gr anting a motion filed by Der ek Barbe e, Guar dian of the Estate of Ricky Barbee , reque sting a ssignment of a statutory probate judge to hear a lawsuit De re k fi led as an adver sary pr ocee ding in the guardianship. On Ma rch 27, Responde nt signed an orde r gra nting Tammy Barbee ’s motion to rec onsider the Marc h 19 order and tra nsfer ring the lawsuit to district court. On J une 17, 2009, this court delivered an opinion conditionally granting Der ek’s pe tition for writ of mandamus c omplaining of the M arch 27 order . That opinion order ed Respondent to vacate the Mar ch 27 orde r and issue an order granting De rek’ s motion request i ng assignment of a statutory probate judge. Respondent complied with this court’s opinion and order

. All issues attendant to this orig i n al p ro ceeding having bee n disposed of, this mandamus pr oc e e din g h a s n ow be e n r e nd e re d mo ot; the re fo re , the writ n e e d n ot i ssu e . A c c or din gly , th is
origi na l pr oc e e din g is dismiss ed

.
BRIA N H OY LE J ustice Opinion delivere d J uly

8, 2009. P an elconsi s t ed of

W ort hen, C. J. , G r i

f f i t h, J. , and H oyl e, J.

(PUBL I SH)
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

KONSTANTIN GEORGIYEVICH BULDAKOV , Petitioner ,

v. ERIC H. HOLDER, Jr., Attorney General ,

Respondent

. No. 10

- 72921 Agency No. A098

- 762

- 951

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted June 4 , 2014 Seattle, Washington
Before: McKEOWN and WATFORD, Circuit Judges, and ROTHSTEIN, Senior District Judge. **

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36

- 3.

** The Honorable Barbara Jacobs Rothstein, Senior District Judge for the U.S. District Court for the Western District of Washington, sitting by designation. 

# FILED

JULY 1 2014
MOLLY C. DW YER, CLERK U.S. COURT OF APPEAL SKonstantin Buldakov, a native and citizen of Russia, petitions for review of

the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA's denial of a motion to reopen. Bhasin v. Gonzales, 423 F.3d 977, 983 (9th Cir. 2005). Buldakov’s petition is denied on the ground that Buldakov has failed to establish changed c ircumstances that would exempt his motion from the applicable time limitation. The parties are familiar with the facts, as set forth in the BIA’s decision, so we need not review them here. Section 240(c)(7)(C)(i) of the Immigration and Nationality Act (“Ac t”), 8 U.S.C. § 1229a(c)(7)(C)(i), requires that motions to reopen be filed within 90 days of the final administrative order of removal. Buldakov filed his motion to reopen outside the 90

- day window. Along with his motion to reopen, Buldakov filed an asyl um application seeking an exemption from the 90

- day limitation. 8 U.S.C. § 1229a(c)(7)(C)(ii) specifies that there is no time limit for asylum

- seekers moving to reopen if the asylum

- seeker can show “changed country conditions” through material evidence
tha t was unavailable at the previous proceeding.
We conclude that based on the evidence before it the BIA did not abuse its discretion when it concluded that Buldakov failed to establish changed conditions inRussia. Because Buldakov could not take advantage of the exemption to the 90

- day

limit, the BIA denied his motion to reopen as untimely. We agree and affirm.
PETITION DENIED.
<TABLE> <S> <C>


<ARTICLE>                         5
<LEGEND>
This  schedule  contains  summary  financial   information  extracted  from  the
Company's interim  financial  statements for the six months ended April 30, 1999
and is qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK>                        0000318523
<NAME>              PETPLANET.COM, INC.
<MULTIPLIER>                          1
<CURRENCY>                          USD

<S>                                 <C>
<PERIOD-TYPE>                     6-MOS
<FISCAL-YEAR-END>           OCT-31-1999
<PERIOD-START>              NOV-01-1998
<PERIOD-END>                APR-30-1999
<EXCHANGE-RATE>                       1
<CASH>                           13,844
<SECURITIES>                          0
<RECEIVABLES>                   150,000
<ALLOWANCES>                          0
<INVENTORY>                           0
<CURRENT-ASSETS>                163,844
<PP&E>                                0
<DEPRECIATION>                        0
<TOTAL-ASSETS>                  163,844
<CURRENT-LIABILITIES>           178,144
<BONDS>                               0
<PREFERRED-MANDATORY>                 0
<PREFERRED>                           0
<COMMON>                         16,000
<OTHER-SE>                      (30,300)
<TOTAL-LIABILITY-AND-EQUITY>    163,844
<SALES>                               0
<TOTAL-REVENUES>                      0
<CGS>                                 0
<TOTAL-COSTS>                         0
<OTHER-EXPENSES>                  6,440
<LOSS-PROVISION>                      0
<INTEREST-EXPENSE>                    0
<INCOME-PRETAX>                  (6,440)
<INCOME-TAX>                          0
<INCOME-CONTINUING>              (6,440)
<DISCONTINUED>                        0
<EXTRAORDINARY>                       0
<CHANGES>                             0
<NET-INCOME>                     (6,440)
<EPS-BASIC>                         0
<EPS-DILUTED>                         0


</TABLE>
#### In the Matter of Sean Roni M., Also Known as Sean M., an Infant. Little Flower Children’s Services, Respondent; Michael Paul M., Also Known as Michael M., Appellant.

[825 NYS2d 259]

*474In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of mental illness, the father appeals from an order of fact-finding and disposition of the Family Court, Queens County (Hunt, J.), dated June 1, 2005, which, after a hearing, terminated his parental rights and transferred guardianship and custody of the subject child to the Commissioner of Social Services of the City of New York and the Little Flower Children’s Services for the purpose of adoption.

Ordered that the order of fact-finding and disposition is affirmed, without costs or disbursements.

Contrary to the father’s contention, the Family Court properly found that there was clear and convincing evidence that he is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for the subject child *(see*Social Services Law § 384-b [4] [c]). The court appointed psychologist, who interviewed the father and reviewed both the medical records pertaining to the father’s mental illness and the petitioner’s records, testified that the father would be unable to cope with the stress of raising a child *(see Matter of Jon C.,*305 AD2d 592 [2003]).

The father’s remaining contention is without merit. Ritter, J.E, Goldstein, Spolzino and Skelos, JJ., concur.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21
- 7720

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. TRAVIS LINDSEY MEHAFFEY , Defendant

- Appellant

.

Appeal from the United States District Court for the Western District of North Carolina , at Asheville

. Martin K. Reidinger , Chief District Judge. ( 1:17

- cr - 00012

- MR

- WCM

- 1 )

Submitted : October 13 , 2022 Decided: October 17, 2022

Before NIEMEYER and AGEE, Circuit Judges , and KEENAN , Senior Circuit Judge

.
Affirmed by un published per curiam opinion

. Travis Lindsey Mehaffey, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-7720 Doc: 15 Filed: 10/17/2022 Pg: 1 of 22 PER CURIAM: Travis Lindsey Mehaffey appeals the district court’s order denying his motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). We have reviewed the record on appeal and conclude that the district court did not abuse its discretion in denying relief. Se e United States v. Kibble , 992 F.3d 326, 329 (4th Cir.) (providing standard), cert. denied , 142 S. Ct. 383 (2021). Accordingly, we affir m for the reasons stated by the district
court. United States v. Mehaffey , No. 1:17

- cr - 00012

- MR

- WCM

- 1 (W.D.N.C.
Oct. 2 8, 2021). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED USCA4 Appeal: 21-7720 Doc: 15 Filed: 10/17/2022 Pg: 2 of 2
#### The People of the State of New York, Respondent, v Vernon L. Carter, Appellant.

[974 NYS2d 833]

Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered May 21, 2009. The judgment convicted defendant, upon a jury verdict, of burglary in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of burglary in the second degree (Penal Law § 140.25 [2]). County Court properly denied defendant’s request to charge criminal trespass in the second degree (§ 140.15 [1]) as a lesser included offense of burglary in the second degree because “[t]here is no reasonable view of the evidence that defendant entered the building without the intent to commit a crime therein” *(People v Smith,*12 AD3d 1106, 1107 [2004], *lv denied*4 NY3d 767 [2005]; *see People v Rickett,*94 NY2d 929, 930 [2000]). Furthermore, viewing the evidence in light of the elements of the crime as charged to the jury *(see People v Danielson,*9 NY3d 342, 349 [2007]), we reject defendant’s contention that the verdict is against the weight of the evidence *(see generally People v Bleakley,*69 NY2d 490, 495 [1987]). To the contrary, “[t]he overwhelming weight of the evidence supports the [verdict convicting defendant] of burglary in the second degree” *(People v Moore,*190 AD2d 1023, 1023 [1993], *lv denied*81 NY2d 1077 [1993]). We have considered defendant’s contentions in his pro se supplemental brief and conclude that they are without merit. Present — Fahey, J.E, Peradotto, Lindley, Sconiers and Whalen, JJ.
#### In the Matter of Trinity Sade C., an Infant. Draymond C., Appellant. The New York Foundling Hospital, Respondent.

[870 NYS2d 786]

Order of disposition, Family Court, New York County (Sara E Schecter, J), entered November 28, 2007, unanimously affirmed, without costs or disbursements.

Application by appellant’s assigned counsel to withdraw is granted *(see Matter of Louise Wise Servs. [Whyte],*131 AD2d 306 [1987]). We have reviewed this record and agree with appel*523lant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal. Concur—Mazzarelli, J.P., Friedman, Buckley, Acosta and Freedman, JJ.
Exhibit 99.2

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report on Form 10-K of LTWC Corporation (the "Company") for the year ended December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael M. Arons, Acting 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:



|Date: April 15, 2003 |  |                    
|-------------------- |  | -------------------
|By:                  |  | /s/MICHAEL M. ARONS

|Name:  |  | Michael M. Arons               |  | 
|------ |  | ------------------------------ |  | 
|Title: |  | Acting Chief Financial Officer |  | 

---

QuickLinks
Exhibit 35
                                   ----------

                       COUNTRYWIDE HOME LOANS SERVICING LP


                              OFFICERS' CERTIFICATE
                     ANNUAL STATEMENT OF THE MASTER SERVICER


                                   CWALT, INC.
                         ALTERNATIVE LOAN TRUST 2007-7T2
               MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-7T2


      The undersigned does hereby certify that the undersigned is an officer of
Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing LP
(the "Master Servicer"), and does hereby further certify pursuant to Section
3.16 of the Pooling and Servicing Agreement for the above-captioned Series (the
"Agreement") that:

(i) A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the Agreement
has been made under my supervision; and

(ii) To the best of my knowledge, based on such review, the Master Servicer has
fulfilled all of its obligations under the Agreement in all material respects
throughout such calendar year.




/s/ Craig Baingo                                     Dated: March 14, 2008
-----------------

Craig Baingo
Executive Vice President, Finance
[Federal Register Volume 80, Number 8 (Tuesday, January 13, 2015)]
[Notices]
[Page 1671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00273]


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

NATIONAL SCIENCE FOUNDATION


Astronomy and Astrophysics Advisory Committee; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub., L. 92-
463, as amended), the National Science Foundation announces the 
following meeting:

    Name: Astronomy and Astrophysics Advisory Committee (#13883).
    Date and Time: February 27, 2015, 12:00 p.m.-4:00 p.m. EST, 
Teleconference.
    Place: National Science Foundation, Room 1020, Safford I 
Building, 4201 Wilson Blvd., Arlington, VA, 22230.
    Type of Meeting: Open.
    Contact Person: Dr. James Ulvestad, Division Director, Division 
of Astronomical Sciences, Suite 1045, National Science Foundation, 
4201 Wilson Blvd., Arlington, VA 22230. Telephone: 703-292-8820.
    Purpose of Meeting: To provide advice and recommendations to the 
National Science Foundation (NSF), the National Aeronautics and 
Space Administration (NASA) and the U.S. Department of Energy (DOE) 
on issues within the field of astronomy and astrophysics that are of 
mutual interest and concern to the agencies.
    Agenda: To provide updates on agency activities and to discuss 
the Committee's draft annual report due 15 March 2015.

    Dated: January 7, 2015.
Suzanne Plimpton,
Acting, Committee Management Officer.
[FR Doc. 2015-00273 Filed 1-12-15; 8:45 am]
BILLING CODE 7555-01-P
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.                  

###### Department of Health and Human Services

###### National Institutes of Health

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 meeting.

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 Biomedical Imaging and Bioengineering Special Emphasis Panel; K-awards and R13 conference support review.                    

*Date:*                         February 25, 2015.                    

*Time:*                         11:00 a.m. to 5:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, DEM II, Suite 920, 6707 Democracy Boulevard, Bethesda, MD 20892 (Virtual Meeting).                    

*Contact Person:*                         Manana Sukhareva, Ph.D., Scientific Review Officer, 6707 Democracy Boulevard, Suite 959, Bethesda, MD 20892, 301-451-3397,                         *sukharem@mail.nih.gov.*

Dated: January 7, 2015.

Melanie J. Gray,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2015-00289 Filed 1-12-15; 8:45 am]

BILLING CODE 4140-01-P