alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ivy Torres, Appellant, v Fallou Ndongo et al., Respondents.

[963 NYS2d 95]

Order, Supreme Court, New York County (George J. Silver, J.), entered December 14, 2011, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Defendants established their entitlement to judgment as a matter of law in this action where plaintiff alleges that she suffered serious injuries to her cervical and lumbar spine as a result of being hit by defendants’ taxi in 2008. Defendants submitted affirmed medical reports showing that plaintiff did not suffer permanent consequential or significant limitation of use of her cervical and lumbar spines as a result of the accident, since she currently had full range of motion in the affected body parts and her MRI films showed only degenerative changes consistent with her age *(see Colon v Vincent Plumbing & Mech. Co.,*85 AD3d 541, 541-542 [1st Dept 2011]). Defendants also submitted plaintiffs deposition testimony and medical records indicating that she had suffered similar injuries in a prior car accident two years earlier.

In opposition, plaintiff raises triable issues of fact. She submitted, inter alia, the affirmed report of a radiologist who, upon review of the MRI films, found disc bulges in the cervical and lumbar spines, and opined that these conditions were not degenerative in origin, in light of plaintiffs age (24 years old) and absence of other physical symptoms normally associated with degenerative disc disease *(see James v Perez,*95 AD3d 788 [1st Dept 2012]; *Yuen v Arka Memory Cab Corp.,*80 AD3d 481 [1st Dept 2011]). Plaintiff also provided evidence of contemporaneous and recent findings of limitations by her treating physician and neurologist, respectively, which supplied the requisite proof of limitations and duration of the disc injury to raise an issue of fact as to a significant or permanent consequential limitation *(see Perl v Meher,*18 NY3d 208, 217-218 [2011]; *Duran v Kabir,*93 AD3d 566 [1st Dept 2012]). In response to the evidence that she was involved in a prior accident resulting in injuries, plaintiff submitted an affirmation of her treating physician, who opined that her prior medical history was not *481contributory to the injuries she suffered to her cervical and lumbar spines as a result of the 2008 accident *{see Bray v Rosas,*29 AD3d 422, 423-424 [1st Dept 2006]).

To the extent defendants raised an issue as to a gap in plaintiffs treatment, plaintiff presented evidence concerning the reasons that she stopped, including her neurologist’s conclusion that she had reached maximum medical treatment, so that any further treatment would have been only palliative *{see Pommells v Perez,*4 NY3d 566, 577 [2005]; *Ayala v Cruz,*95 AD3d 699 [1st Dept 2012]).

Concur—Mazzarelli, J.E, Acosta, Renwick, Richter and Gische, JJ.
Amendment to Restricted Shares Agreements



 Exhibit 10(aa) 
 CLEVELAND-CLIFFS INC 
 Amendment 
 to 
 Restricted Shares Agreements 
 for 
 John S. Brinzo 
 This Amendment is executed as of the date set forth below by Cleveland-Cliffs Inc (the “Company”); 
 WITNESSETH: 
 WHEREAS, the
Company established the 1992 Incentive Equity Plan (the “Plan”), under which the Company has granted shares of Common Stock to certain eligible employees by entering into Restricted Shares Agreements with such employees at various times;
and 
 WHEREAS, in conjunction with the Plan, the Company has entered into various Restricted Shares Agreements with John S.
Brinzo (the “Brinzo Restricted Shares Agreements”); and 
 WHEREAS, the Company reserved the right to waive the
restrictions applicable Common Shares granted under any Restricted Shares Agreement pursuant to Section 2 of such Restricted Shares Agreements and, effective September 1, 2006, amended the Brinzo Restricted Shares Agreements in order to
waive certain restrictions on the Common Shares granted under such Brinzo Restricted Shares Agreements; and 









 WHEREAS, the Company desires to amend the Brinzo Restricted Shares Agreements, effective
May 9, 2007, in order to provide that such restrictions shall lapse on May 9, 2007; 
 NOW, THEREFORE, pursuant to
Section 2 of the Restricted Shares Agreements, Section 2 of Brinzo’s Restricted Shares Agreements are hereby amended, effective May 9, 2007, by the deletion of the last sentence of such Section and the substitution in lieu
thereof of a new sentence to read as follows: 
 “In accordance with the previous sentence, all restrictions on the
Grantee’s sale or transfer of stock granted under this Agreement, to the extent still applicable, shall lapse on May 9, 2007.” 
 IN WITNESS WHEREOF, the Company by its appropriate officer, duly authorized, has
executed this Amendment as of this 17th day of May , 2007. 
  

			
	 CLEVELAND-CLIFFS INC

		
	 By:
	 	 /s/ Joseph A. Carrabba
Third Amendment to the Massey Energy Company



 Exhibit 10.1 
 THIRD AMENDMENT TO THE 
 MASSEY ENERGY COMPANY 
 1997 RESTRICTED STOCK PLAN FOR NON-EMPLOYEE DIRECTORS 
 As Amended and Restated Effective
May 24, 2005 
 The Massey Energy 1997 Restricted Stock Plan for Non-Employee Directors, as amended and restated effective May 24,
2005 (the “Plan”) was amended pursuant to Section 7.1 of the Plan effective May 22, 2007 as follows: 
 The following paragraph is added
at the end of Section 5.3 of the Plan: 
 Notwithstanding the foregoing or any other provision of the Plan, an Awardee’s service on
the Board as a Non-Employee Director for purposes of this Plan shall be considered to continue for any period immediately following the cessation of the Awardee’s status as a Non-Employee Director during which the Awardee is a paid consultant
or advisor to the Company or the Board on such basis as is approved by a majority of the Board (“consulting service”) and the Board or the Committee so provides. In such event, no forfeiture shall occur by reason in a change in status from
that of a Non-Employee Director to that of a paid consultant providing such consulting service, and Awards under the Plan outstanding at the time of such change in status shall otherwise continue to vest in accordance with their terms and the terms
and provisions of the Plan (including, without limitation, vesting due to retirement) and the applicable award agreement (including any amendments to the same or conditions for vesting provided in connection with the transition to consulting service
as are required by the Board or the Committee) during such consulting service as though such consulting service were service as a Non-Employee Director. 
 As evidence of the adoption of this amendment to the Plan, Massey Energy Company has caused this
document to be signed by its undersigned officer effective this 22nd day of May, 2007. 
  

			
	MASSEY ENERGY COMPANY
	
	 /s/ Richard R. Grinnan

	Name:	 	Richard R. Grinnan
	Title:	 	Vice President and Corporate Secretary
NOTE: This disposition is nonprecedential.

 

United States Court of Appeals 

for the Federal Circuit ______________________ 

HUGH D. COX, JR.,

Claimant-Appellant

v.

DENIS MCDONOUGH, SECRETARY OF 

VETERANS AFFAIRS,

Respondent-Appellee

______________________ 

2021-2288

______________________ 

Appeal from the United States Court of Appeals for 

Veterans Claims in No. 19-3317, Judge Joseph L. Falvey 

Jr., Judge Joseph L. Toth, Judge Michael P. Allen.

______________________ 

JUDGMENT

______________________ 

KENNETH M. CARPENTER, Law Offices of Carpenter 

Chartered, Topeka, KS, argued for claimant-appellant. 

 BORISLAV KUSHNIR, Commercial Litigation Branch, 

Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by BRIAN M. BOYNTON, CLAUDIA BURKE, PATRICIA M.

MCCARTHY; JONATHAN KRISCH, CHRISTA A. SHRIBER, Office 

Case: 21-2288 Document: 34 Page: 1 Filed: 02/09/2023
of General Counsel, United States Department of Veterans 

Affairs, Washington, DC. 

 ______________________ 

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

 PER CURIAM (MOORE, Chief Judge, CLEVENGER and 

DYK, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

 

 ENTERED BY ORDER OF THE COURT 

 

February 9, 2023

Date

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

Case: 21-2288 Document: 34 Page: 2 Filed: 02/09/2023
#### State v. Harrison

Case below: 185 N.C. App.-(21 August 2007)

No. 467P07

Defs PDR Under N.C.G.S. 7A-31 (COA06-1492)

Denied 11/08/07
#### In the Matter of Barker Central School District et al., Respondents, v Niagara County Industrial Development Agency et al., Appellants, et al., Respondents. In the Matter of Town of Somerset et al., Respondents, v Niagara County Industrial Development Agency et al., Appellants. (And Another Proceeding).

Submitted August 17, 2009;

decided September 17, 2009

Reported below, 62 AD3d 1239.

Motion by New York State Economic Development Council for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed, and for leave to file a brief amicus curiae on the appeal herein granted, three copies of the brief to be served and an original and 24 copies filed within 30 days.

Judge Read taking no part.
|            |
|-----------------|
| EXHIBIT      21 |

----

|                                       |   |      |          |                        |
|--------------------------------------------|--------|-----------|---------------|-----------------------------|
| Subsidiary                                 |   | Ownership |          | State      of Incorporation |
|                                       |   |      |          |
| Fairport      Savings Bank                 | 100%   |      | Federal       |
|                                       |
| SUBSIDIARIES      OF FAIRPORT SAVINGS BANK |
|                                       |
| Subsidiary                                 |   | Ownership |          | State      of Incorporation |
|                                       |   |      |          |
| Oakleaf      Services Corporation          | 100%   |      | New      York |
#### In the Matter of Giovani Ramos, Appellant, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent.

[870 NYS2d 629]

Appeal from a judgment of the Supreme Court (Connolly, J.), entered October 5, 2007 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Department of Correctional Services computing petitioner’s jail time credit.

*922Petitioner was indicted in Westchester County in 1996 for various drug-related crimes but apparently fled the jurisdiction before he could be prosecuted. In May 1999, petitioner was arrested in the Dominican Republic on a Westchester County warrant and held for approximately four months pending his extradition to the United States. Following his conviction of criminal possession of a controlled substance in the first degree, sentencing and resentencing, petitioner commenced this proceeding pursuant to CPLR article 78 to review a determination of the Department of Correctional Services (hereinafter DOCS) computing his jail time credit. Specifically, petitioner sought credit for the 121 days he was held in a Dominican Republic jail pending extradition. Supreme Court dismissed petitioner’s application, prompting this appeal.

We affirm. Because Penal Law § 70.30 (3) draws no distinction between an inmate who is detained in New York and one who is detained elsewhere, an inmate who has spent time in federal custody, another state’s custody or even another country’s custody is entitled to jail time credit so long as, among other things, the inmate “provide [s] a certified record of that detention” *(Matter of Guido v Goord,*1 NY3d 345, 349 n 3 [2004]; *see*Correction Law § 600-a). As petitioner has yet to produce a certified record of his detention in the Dominican Republic, DOCS is bound by the commitment papers that actually accompanied him *(see Matter of Murray v Goord,*1 NY3d 29, 32 [2003]; *Matter of LaRocco v Goord,*43 AD3d 500, 501 [2007]), which reflect only a credit for the 736 days that petitioner spent in the Westchester County jail. In the absence of the required certification, we find no basis to disturb DOCS’s calculation of petitioner’s jail time credit. Accordingly, Supreme Court properly dismissed his petition.

Cardona, P.J., Mercure, Spain, Kavanagh and Stein, JJ., concur. Ordered that the judgment is affirmed, without costs.
* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Lawrence L. Piersol, Senior District Judge for the U.S. District Court for the District of South Dakota, sitting by designation. NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee,
v. JOHN EDWARD GIBBONS, Defendant - Appellant. No. 12-10218 D.C. No. 2:11-cr-00113-JAT-1
MEMORANDUM *

Appeal from the United States District Court for the District of Arizona James A. Teilborg, District Judge, Presiding Submitted June 11, 2013 **

San Francisco, California Before: O’SCANNLAIN and HURWITZ, Ci rcuit Judges, and PIERSOL, Senior District Judge. *** 

# FILED
JUN 19 2013 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 John Edward Gibbons appeals his c onvictions following a bench trial of conspiracy to possess w ith intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. § 846, and possession w ith intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and (b )(1)(A)(ii). We have jurisdiction under 28 U.S.C. § 1291 and affirm. The sole issue on appeal is whether th e district court erred by denying Gibbons’ motion to suppress. This same issue was raised by Gibbons’ co-defendant, Lisa Sayamontry. See United States v. Sayamontry , No. 12-10153, ___ Fed. Appx. ___, 2013 WL 2632188 (9th Cir. June 13, 2013) (unpublished disposition). For the reasons stated in Sayamontry , we hold that the district court correctly denied the motion to suppress. AFFIRMED.
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000318380
<NAME>                                                 Public Storage, Inc.
<MULTIPLIER>                                           1
<CURRENCY>                                             US
       
<S>                                                    <C>
<PERIOD-TYPE>                                          9-Mos
<FISCAL-YEAR-END>                                      Dec-31-1998
<PERIOD-START>                                         Jan-01-1998
<PERIOD-END>                                           Sep-30-1998
<EXCHANGE-RATE>                                                         1
<CASH>                                                         54,950,000
<SECURITIES>                                                            0
<RECEIVABLES>                                                           0  
<ALLOWANCES>                                                            0  
<INVENTORY>                                                             0
<CURRENT-ASSETS>                                               54,950,000
<PP&E>                                                      3,009,924,000
<DEPRECIATION>                                               (385,647,000)
<TOTAL-ASSETS>                                              3,411,833,000
<CURRENT-LIABILITIES>                                          77,380,000
<BONDS>                                                                 0
<PREFERRED-MANDATORY>                                                   0  
<PREFERRED>                                                   868,900,000
<COMMON>                                                       12,273,000
<OTHER-SE>                                                  2,217,131,000
<TOTAL-LIABILITY-AND-EQUITY>                                3,411,833,000
<SALES>                                                                 0  
<TOTAL-REVENUES>                                              433,576,000
<CGS>                                                         159,786,000
<TOTAL-COSTS>                                                 159,786,000
<OTHER-EXPENSES>                                               86,874,000
<LOSS-PROVISION>                                                        0
<INTEREST-EXPENSE>                                              2,926,000
<INCOME-PRETAX>                                               167,849,000
<INCOME-TAX>                                                            0  
<INCOME-CONTINUING>                                                     0
<DISCONTINUED>                                                          0  
<EXTRAORDINARY>                                                         0
<CHANGES>                                                               0
<NET-INCOME>                                                  167,849,000
<EPS-PRIMARY>                                                        0.96
<EPS-DILUTED>                                                        0.95
        

</TABLE>
Exhibit 32

                                  CERTIFICATION





Exhibit 32

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I,  Robert A. Doak,  President,  CEO,  and  Acting  Chief  Financial  Officer of
Mountains West Exploration, Inc. (the "Company"), certify that:

1. The  Quarterly  Report on Form  10QSB of the  Company  for the  period  ended
September 30, 2003 as filed with the Securities  and Exchange  Commission on the
date hereof (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.

         Dated:  April 22, 2004           Officer:   Robert A. Doak

                                        Name:       /s/ Robert A. Doak
                                                    ----------------------------
                                        Position:  President, CEO
Exhibit 35
                                  ----------


                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWALT, INC.
                        ALTERNATIVE LOAN TRUST 2007-HY3
              MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HY3


      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
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000318380
<NAME>                                        Public Storage, Inc.
<MULTIPLIER>                                                     1
<CURRENCY>                                                      US

<S>                                                            <C>
<PERIOD-TYPE>                                                6-Mos
<FISCAL-YEAR-END>                                      Dec-31-1999
<PERIOD-START>                                         Jan-01-1999
<PERIOD-END>                                           Jun-30-1999
<EXCHANGE-RATE>                                                  1
<CASH>                                                  67,935,000
<SECURITIES>                                                     0
<RECEIVABLES>                                                    0
<ALLOWANCES>                                                     0
<INVENTORY>                                                      0
<CURRENT-ASSETS>                                        67,935,000
<PP&E>                                               3,703,866,000
<DEPRECIATION>                                       (467,757,000)
<TOTAL-ASSETS>                                       4,147,943,000
<CURRENT-LIABILITIES>                                   95,253,000
<BONDS>                                                          0
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                          1,098,900,000
<COMMON>                                                13,631,000
<OTHER-SE>                                           2,616,411,000
<TOTAL-LIABILITY-AND-EQUITY>                         4,147,943,000
<SALES>                                                          0
<TOTAL-REVENUES>                                       320,724,000
<CGS>                                                            0
<TOTAL-COSTS>                                          106,719,000
<OTHER-EXPENSES>                                        67,121,000
<LOSS-PROVISION>                                                 0
<INTEREST-EXPENSE>                                       3,734,000
<INCOME-PRETAX>                                        135,493,000
<INCOME-TAX>                                                     0
<INCOME-CONTINUING>                                              0
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                                  0
<CHANGES>                                                        0
<NET-INCOME>                                           135,493,000
<EPS-BASIC>                                                 0.73
<EPS-DILUTED>                                                 0.73


</TABLE>
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT
                TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

                                  EXHIBIT 32.2

     In connection with the Quarterly Report of Mountains West Exploration, Inc.
(the  "Company") on Form 10-Q for the period ending  September 30, 2006 as filed
with the Securities and Exchange Commission on the date hereof (the "Report").

     I,  Douglas  Stukel,  Treasurer  and  principal  financial  officer  of the
Company,  certify,  pursuant  to 18 USC  Section  1350,  as adopted  pursuant to
Section 906 of the  Sarbanes-Oxley Act of 2002, that to the best of my 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.

Dated:  November 20, 2006


                                             /s/ Douglas Stukel
                                             -----------------------------------
                                             Douglas Stukel, Treasurer
                                             (principal financial officer)