alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Walter K. Telfer, Appellant, v Nicole L. Pickard, Respondent.

Submitted March 2, 2009;

decided May 5, 2009

Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed the dismissal of the enforcement application, dismissed upon the ground that such part of the order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied. Motion for poor person relief dismissed as academic.
### C OURT OF 

### A PPEALS FOR THE



### F IRST 

### D ISTRICT OF 

### T EXAS AT 

### H OUSTON



### O RDER ON 

### M OTION

Cause Number: 01

- 13

- 00039

- CR

Trial Court Cause

Number: 1322485

Style: Peter John Schuster

v The State of Texas

Date motion filed: December 17, 2013

Type of motion: Motion to Supplement

Party filing motion: Appellant

Document to be filed: None

Is appeal accelerated? YES NO

Ordered that motion is:

Granted

If document is to be filed, document due:

Absent extraordinary circumstances, the Court will not grant additional motions to extend time

Denied

Dismissed ( e.g. , want of jurisdiction, moot)

Other:

_____________________________________

Judge ’ s signature: /s / Harvey Brown

Acting individually Acting for the Court

Panel consists of J ustices J ennings, Sharp, and Brown

Date: December 19, 2013
#### In the Matter of Andy Z., a Child Alleged to be Neglected. Hong Lai Z., Appellant; Commissioner of Social Services of the City of New York, Respondent.

[963 NYS2d 195]

Order of disposition, Family Court, New York County (Clark V Richardson, J), entered on or about June 8, 2010, which, to the extent appealed from as limited by the briefs, brings up for review a fact-finding determination that respondent father had neglected the subject child, unanimously reversed, on the law and the facts, without costs, the finding of neglect vacated, and the petition dismissed as against the father.

The Family Court’s findings of neglect against the father, *512based on two incidents, are not supported by a preponderance of the evidence *(see*Family Ct Act § 1046 [b] [i]). The statutory test for neglect is “ ‘minimum degree of care’—not maximum, not best, not ideal—and the failure [to exercise that degree of care] must be actual, not threatened” *(Nicholson v Scoppetta,*3 NY3d 357, 370 [2004] [emphasis omitted]). Here, the father’s conduct during a sequence of events that resulted in the child being left home alone overnight, while not ideal, did not fall below the statutory minimum degree of care.

Regarding the second incident, an alleged domestic violence dispute between the parents, as the court noted, it is unclear what the child witnessed. In any event, this single incident, while unfortunate, was not, standing alone, so egregious as to support a finding of neglect *(compare Matter of Eustace B. [Shondella MJ,*76 AD3d 428 [1st Dept 2010], *with Matter of Jeaniya W. [Jean W.],*96 AD3d 622 [1st Dept 2012]).

Concur— Sweeny, J.E, Acosta, Román, Feinman and Clark, JJ.
Summary of Compensation to Non-Employee Directors


 Exhibit 10.1 
 Summary of Compensation to Non-Employee Directors 
 On
May 25, 2007, the Board of Directors (the “Board”) of Cheniere Energy, Inc. (the “Company”) approved the recommendation of the Compensation Committee to compensate each non-employee director of the Company $160,000 for
services for the period from the current year’s Annual Meeting of Stockholders (May 25, 2007) until the next year’s Annual Meeting of Stockholders (the “Annual Period”). Additional compensation of $20,000 for the Annual Period
was approved for the chairman of the Audit Committee, the chairman of the Compensation Committee and the Lead Director. Additional compensation of $10,000 for the Annual Period was approved for the chairman of the Governance and Nominating
Committee. Compensation will be made, at the election of the director, either 100% in shares of the Company’s restricted stock or 50% in cash and 50% in shares of restricted stock. If a director elects to receive 50% of his or her compensation
in cash, such cash payments will be made quarterly as of the 15th day of August, November, February and May,
beginning on August 15, 2007. Payment in the form of restricted stock will be made May 29, 2007 (the “Date of Grant”), and the number of shares granted will be determined by the closing price of the Company’s common stock as
reported on the American Stock Exchange (“AMEX”) on the Date of Grant. Vesting of the restricted stock will occur in full on the first anniversary of the Date of Grant.
Filed by Automated Filing Services Inc. (604) 609-0244 - Uranerz Energy Corporation - Exhibit 10.3






AMENDMENT AGREEMENT #1 


THIS AMENDMENT AGREEMENT is made as of the
1st day of January, 2007 

	
      BETWEEN: 
	
      SENATE CAPITAL GROUP INC., a company incorporated
      under the laws of British Columbia and having its head office at Suite
      1410 – 800 West Pender Street, Vancouver, B.C., V6C 2V6; 

	 	 
	  	(herein called “Senate”) 
	 	 
	  	OF THE FIRST PART 
	 	 
	AND: 	Uranerz Energy Corporation,
        a company having an office at Suite 1410, 800 West Pender Street, Vancouver,
        B.C., V6C 2V6; 

	  	  
	  	(herein called “Uranerz”) 
	 	 
	  	OF THE SECOND PART
  


WHEREAS: 

	A. 	
      The parties entered into an Office and Administration
      Services Agreement dated the 1st day of September, 2005 (the
      “Agreement”) whereby Senate will continue to perform office and
      administration services to the Company as defined in the Agreement;
    and

	 	 
	B. 	
      The parties now wish to amend the
  Agreement;



NOW THEREFORE THIS AMENDMENT AGREEMENT WITNESSES that the
Agreement is amended as follows: 

	1. 	
      By the deletion of Clause #2 of the Agreement in its
      entirety and the substitution therefor of the
following:



2.      
 In consideration of Senate providing the above-mentioned services, Uranerz
agrees to pay Senate $ 15,500 CDN per month, and reimburse Senate at cost for
investor relations, and financial and legal personnel hired to provide such
services to Uranerz, plus any proportionate increase in rent and operating costs
during the Term, and plus GST, payable in advance on the 1st day of each month.


	2. 	
      The parties hereby ratify and confirm the Agreement in
      all other respects.







IN WITNESS WHEREOF the Parties hereto have duly executed
this Agreement effective as of the 1st day of January, 2007. 

 

Senate Capital Group Inc. 

Per: /s/ Dennis
Higgs                                            

        Authorized Signatory 

 

 

Uranerz Energy Corporation 

Per: /s/ Benjamin
Leboe                                           
      
Authorized Signatory
##### 



SUN LIFE FINANCIAL ANNOUNCES
OFFERING OF SENIOR UNSECURED DEBENTURES
 Toronto, ON (November 16, 2005)
   www.sedar.com
     Media Relations Contact:
    
    Investor Relations Contact:Susan Jantzi
    
    Kevin StrainManager, Media Relations
    
    Vice-President, Investor RelationsTel: 519-888-3160
    
    Tel: 416-204-8163susan.Jantzi@sunlife.com
    
    investor.relations@sunlife.com
##### 



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 Quarterly Report of Inco
Limited (the registrant) on Form 10-Q for the
quarter ended June 30, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the
report), I, Farokh S. Hakimi, Executive Vice
President and Chief Financial Officer, of the registrant,
certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 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, as amended; and

(2) The information contained in the report
fairly presents, in all material respects, the financial
condition and results of operations of the registrant.

Dated: August 6, 2004

| |     |                     
| | --- | --------------------
| | By: | /s/ FAROKH S. HAKIMI

| |                                                                 
| | ----------------------------------------------------------------
| |                                                                 
| | Name: Farokh S. Hakimi                                          
| | Title:  Executive Vice President and Chief Financial
    Officer

| |  | 
| |  | 
| |  | 

The foregoing certification is being furnished
solely pursuant to 18 U.S.C.§1350 and is not being
filed as part of this report or as a separate disclosure
document.
From: The District Court of the Second Judicial District. County of Silver Bow.

#### STATE OF MONTANA, Plaintiff, vs. ROBERT MILLIGAN, Defendant.

CAUSE NO. DC-06-61 AMENDED JUDGMENT AND COMMITMENT

On July 12, 2007, the defendant was sentenced as follows: Count I: Ten (10) years in the Montana State Prison, with five (5) years suspended, for the offense of Negligent Vehicular Assault, a felony; Count TI: A commitment to the County Jail for a term of one (1) year, for the offense of Negligent Vehicular Assault, a felony; and Count III: A commitment to the County Jail for a term of one (1) year, for the offense of Negligent Vehicular Assault, a felony. The Defendant is not *39parole eligible until he completes Anger Management, Chemical Dependency Intensive Treatment Unit and Cognitive Principles and Restructuring. The Court also recommends the Defendant complete a psychological evaluation and if recommended by mental health personnel begin treatment prior to his release from the Montana State Prison. Counts I, II and III shall run concurrently with each other and consecutively with the sentence imposed in Cascade County.

On May 8, 2009, the defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The defendant was present and was represented by Eric Olson. The state was not represented.

The Defendant having been duly informed of the amended judgment and commitment, and having appeared before the undersigned for this pronouncement of sentence, whereupon,

IT IS ORDERED, ADJUDGED AND DECREED that the sentence shall be modified as follows: Count I: A commitment to the Montana Department of Corrections for a term of ten (10) years, with five (5) years suspended; Count II: A commitment to the County Jail for a term of one (1) year; and Count III: A commitment to the County Jail for a term of one (1) year. Counts I, II and III shall run concurrently with each other and consecutive to the sentence imposed in Cascade County. The parole restriction, recommendations of the District Court, and the terms and conditions shall remain as imposed in the Judgment of July 12, 2007.

DATED this 18th day of June, 2009.

Hon. Laurie McKinnon, District Court Judge
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.                  

###### Federal Mine Safety and Health Review Commission

# TIME AND DATE:

10:00 a.m., Thursday, January 29, 2015.

# PLACE:

The Richard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue NW., Washington, DC 20004 (enter from F Street entrance).

# STATUS:

Open.

# MATTERS TO BE CONSIDERED:

                        The Commission will hear oral argument in the matter                         *Mill Branch Coal Corp.*                         v.                         *Secretary of Labor,*                         Docket Nos. VA 2012-435-R et al. (Issues include whether the Administrative Law Judge erred in upholding certain imminent danger orders.)                    

Any person attending this oral argument who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and § 2706.160(d).

# CONTACT PERSON FOR MORE INFO:

Emogene Johnson (202) 434-9935/(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free.

Sarah L. Stewart,

Deputy General Counsel.

[FR Doc. 2015-00720 Filed 1-14-15; 4:15 pm]

BILLING CODE 6735-01-P
Order entered September 23 , 2022

In The 

### Court of Appeals Fifth District of Texas at Dallas

No. 05

- 22

- 00760

- CV

IN RE THE STATE OF TEXAS , Relator

O riginal Proceeding from the County Court a t Law No. 2

Dallas County, Texas Trial Court Cause No. CC

- 22

- 02427

- B

O RDER Before Justices Myers, Nowell, and Goldstein

Based on the Court’s opinion of this date, we DENY relator’s petition for

writ of mandamus

. We also DENY relator ’ s motion to consolidate as moo t.

/s/ LANA MYERS JUSTICE
#### Warren JOBSON, Plaintiff, v. Frank R. HENNE, Edward D. Stevenson, Murray Bergman and Michael Semchyshyn, Defendants.

Civ. No. 10614.

United States District Court W. D. New York.

Feb. 14, 1964.

A. E. Schulgasser, Buffalo, N. Y., for plaintiff.

Louis J. Lefkowitz, Atty. Gen. of New York (Douglas S. Dales, Jr., of counsel), for defendants.

HENDERSON, District Judge.

Motion by plaintiff pursuant to Rule 34 of the Federal Rules of Civil Procedure for an order directing the production and inspection of certain documents and records of the Newark State School for Mental Defectives.

As the state school is not a party to this action, its records are not subject to production or discovery under Rule 34. The motion is denied. So ordered.
ARMED SERVICES BOARD OF CONTRACT APPEALS

OPINION BY ADMINISTRATIVE JUDGE MELNICK DENYING APPELLANT’S 

REQUEST FOR RECONSIDERATION

Appellant, Heart & Core LLC, has moved for reconsideration of the Board’s 

January 11, 2023, decision denying the appeal. Heart & Core had elected to conduct 

the appeal under the Board’s Rule 12.2, Small Claims (Expedited) procedure and the 

parties agreed to brief the matter under Board Rule 11. A response from the 

government is deemed unnecessary. 

Heart & Core was awarded firm-fixed price contracts to provide, among other 

things, comforters and bathrobes for the United States Air Force Academy and sought 

price increases to account for unexpected cost increases. The Board denied the appeal 

given the fixed price nature of the contracts. 

“Reconsideration might be appropriate if the request ‘is based upon newly 

discovered evidence, mistakes in the findings of fact, or errors of law.’” Green Valley 

Co., ASBCA No. 61275, 18-1 BCA ¶ 37,044 at 180,330 (quoting Alliance Roofing & 

Sheet Metal, Inc., ASBCA No. 59663, 15-1 BCA ¶ 36,063). However, reconsideration 

is not an opportunity for a party to reargue its position. Id. Motions for reconsideration 

are granted when we have made an oversight affecting the outcome of the appeal. 

Kellogg Brown & Root Servs, Inc., ASBCA Nos. 57530, 58161, 19-1 BCA ¶ 37,321

at 181,535. 

Heart & Core complains that the Board’s decision did not adequately address a 

reference in its Rule 11 reply brief to generalized government communications about 

Appeal of - )

)

Heart & Core LLC ) ASBCA No. 63403

)

Under Contract Nos. FA7000-18-D-0004 )

APPEARANCE FOR THE APPELLANT: Ms. Jen Swendseid

 President

 Minnetonka, MN

APPEARANCES FOR THE GOVERNMENT: Caryl A. Potter, Esq.

 Air Force Deputy Chief Trial Attorney

Isabelle P. Cutting, Esq.

Maj Alissa J. Schrider, USAF

 Trial Attorneys
2

the impact of inflationary pressures upon small contractors and possible solutions that 

might be mutually agreeable. Heart & Core is simply rearguing its case, which did not 

establish contractual entitlement to recovery. It has not persuaded us that we have 

made an oversight that affects the outcome of the appeal. Accordingly, the motion for 

reconsideration is denied. 

Dated: February 1, 2023

MARK A. MELNICK

Administrative Judge

Armed Services Board

of Contract Appeals

I certify that the foregoing is a true copy of the Opinion and Decision of the 

Armed Services Board of Contract Appeals in ASBCA No. 63403, Appeal of Heart & 

Core LLC, rendered in conformance with the Board’s Charter.

Dated: February 1, 2023

PAULLA K. GATES-LEWIS

Recorder, Armed Services

Board of Contract Appeals
#### Estate of Redden v. Redden

Case below: 179 N.C. App. 113

No. 554PA06

Defs’ PDR Under N.C.G.S. § 7A-31 (COA05-1202)

Allowed for limited purpose of remanding to Court of Appeals for consideration of whether plaintiff’s admission of defendant’s deposition and failure to object to incompetent portions of said deposition evidence, during the partial summary judgment hearing, constituted a waiver of the protections of N.C.R.E. Rule 601(c), the North Carolina Dead Man’s Statute 05/03/2007
**FORM 52-109F2T**
**CERTIFICATION OF INTERIM FILINGS**
I, Craig J. Laurie, Chief Financial Officer of Brookfield PropertiesCorporation, certify that:
4. I have reviewed the interim filings (as this term is defined inMultilateral Instrument 52-109 *Certification of Disclosure in Issuers’Annual and Interim Filings*) of Brookfield Properties Corporation, (theissuer) for the interim period ending March 31, 2004; 5. Based on my knowledge, the interim filings do not contain any untruestatement of a material fact or omit to state a material fact required tobe stated or that is necessary to make a statement not misleading in lightof the circumstances under which it was made, with respect to the periodcovered by the interim filings; and 6. Based on my knowledge, the interim financial statements together with theother financial information included in the interim filings fairly presentin all material respects the financial condition, results of operationsand cash flows of the issuer, as of the date and for the periods presentedin the interim filings.
Date: May 14, 2004 /s/ Craig J. LaurieCraig J. LaurieChief Financial Officer
CERTIFICATION PURSUANT TO SECTION
                          302 OF THE SARBANES OXLEY ACT


I, Robert A. Doak, certify that:

1. I have  reviewed  this  quarterly  report on Form  10-QSB of  Mountains  West
Exploration, Inc.;

2. Based on my knowledge, this quarterly report does 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 quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

a) designed such disclosure controls and procedures to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this quarterly report is being prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this
quarterly report (the "Evaluation Date"); and

c) presented in this quarterly report our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

a) all significant deficiencies in the design or operation of internal controls
which could adversely affect the registrant's ability to record, process,
summarize and report financial data and have identified for the registrant's
auditors any material weaknesses in internal controls; and

<PAGE>

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and

6. The  registrant's  other  certifying  officers  and I have  indicated in this
quarterly report whether there were significant  changes in internal controls or
in other factors that could significantly affect internal controls subsequent to
the date of our most recent  evaluation,  including any corrective  actions with
regard to significant deficiencies and material weaknesses.

Date: August 6, 2004


/s/ Robert A. Doak
- -----------------------
 Robert A. Doak President