alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Cynthia A. Biancospino, Respondent, v Ana R. Gonzalez, Appellant, et al., Defendant.

[963 NYS2d 396]

In an action to recover damages for personal injuries, the defendant Ana R. Gonzalez appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated April 27, 2012, which denied her motion for summary judgment dismissing the complaint insofar as asserted against her on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The defendant Ana R. Gonzalez failed to meet her prima facie burden of demonstrating that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident *(see Toure v Avis Rent A Car Sys.,*98 NY2d 345, 350 [2002]; *Gaddy v Eyler,*79 NY2d 955, 956-957 [1992]). Gonzalez’s motion papers failed to adequately address the plaintiff’s claim, clearly set forth in the bill of particulars, that she sustained a serious injury to her left elbow *(see Fudol v Sullivan,*38 AD3d 593, 594 [2007]).

Since Gonzalez failed to meet her prima facie burden, it is unnecessary to determine whether the papers submitted by the plaintiff in opposition were sufficient to raise a triable issue of fact *(see generally Stukas v Streiter,*83 AD3d 18, 24 [2011]). Accordingly, the Supreme Court properly denied Gonzalez’s motion for summary judgment.

Dillon, J.E, Hall, Roman and Cohen, JJ., concur.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-6283

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

LINWOOD LEE RUFFIN, a/k/a Lenny,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. T. S. Ellis III, District

Judge. (1:99-cr-00024-TSE)

Submitted: April 20, 2006 Decided: April 26, 2006

Before MICHAEL, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Linwood Lee Ruffin, Appellant Pro Se. Sonya LaGene Sacks, OFFICE

OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Linwood Lee Ruffin seeks to appeal the district court’s

order denying relief on his Fed. R. Civ. P. 60(b) motion, which the

district court properly construed as a successive 28 U.S.C. § 2255

(2000) motion. An appeal may not be taken from the final order in

a § 2255 proceeding unless a circuit justice or judge issues a

certificate of appealability. 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 the district

court’s assessment of his constitutional claims is debatable or

wrong and that any dispositive procedural ruling by the district

court is likewise debatable. See Miller-El v. Cockrell, 537 U.S.

322, 336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000);

Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have

independently reviewed the record and conclude Ruffin has not made

the requisite showing.

Additionally, we construe Ruffin’s notice of appeal and

informal brief on appeal as an application to file a second or

successive § 2255 motion. See United States v. Winestock, 340 F.3d

200, 208 (4th Cir. 2003). To obtain authorization to file a

successive § 2255 motion, a prisoner must assert claims based on

either: (1) a new rule of constitutional law, previously
- 3 -

unavailable, made retroactive by the Supreme Court to cases on

collateral review; or (2) newly discovered evidence sufficient to

establish that no reasonable fact finder would have found the

movant guilty. 28 U.S.C. §§ 2244(b)(3)(C), 2255 (2000). Ruffin’s

claim does not satisfy either of these conditions.

For these reasons, we deny a certificate of

appealability, decline to authorize Ruffin to file a successive

§ 2255 motion, 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
#### In the Matter of Michael L. Previto, a Disbarred Attorney.

[971 NYS2d 895]

Motion by Michael L. Previto for reinstatement to the bar as an attorney and counselor-at-law. Mr. Previto was admitted to the bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 12, 1984. By opinion and order of this Court dated February 28, 2000, Mr. Previto was disbarred upon his resignation, effective immediately *(see Matter of Previto,*265 AD2d 84 [2000]). By decision and order on motion of this Court dated June 10, 2008, Mr. Previto’s prior motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on Mr. Previto’s fitness to practice law, including, but not limited to, the late filing of his affidavit of compliance and the 20 traffic violations he accumulated during the period from 2005 through 2007. By decision and order on motion of this Court dated May, *81727, 2009, Mr. Previto’s prior motion for reinstatement was denied. By decision and order on motion of this Court dated November 20, 2012, Mr. Previto’s present motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on his current fitness to practice law.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is

Ordered that the motion is granted; and it is further,

Ordered that, effective immediately, Michael L. Previto, is reinstated as an attorney and counselor-at-law, and the Clerk of the Court is directed to restore the name of Michael L. Previto to the roll of attorneys and counselors-at-law. Eng, P.J., Rivera, Skelos, Dillon and Angiolillo, JJ., concur.
[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Page 2683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00757]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD675


New England Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration, NOAA, Commerce.

ACTION: Notice; public meeting.

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

SUMMARY: The New England Fishery Management Council's (Council) Risk 
Policy Working Group will meet to consider actions affecting New 
England fisheries in the exclusive economic zone (EEZ).

DATES: The meeting will be held on Monday, February 9, 2014 at 9:30 
a.m.

ADDRESSES: 
    Meeting Address: The meeting will be held at the Holiday Inn, 31 
Hampshire Street, Mansfield, MA 02048; telephone: (508) 339-2200; fax: 
(508) 339-1040.
    Council Address: New England Fishery Management Council, 50 Water 
Street, Mill 2, Newburyport, MA 01950.

FOR FURTHER INFORMATION CONTACT: Thomas A. Nies, Executive Director, 
New England Fishery Management Council; telephone: (978) 465-0492.

SUPPLEMENTARY INFORMATION: The items of discussion in the committee and 
advisory panel's agenda are:
    The Risk Policy Working Group will discuss the implementation and 
application of the Council's Risk Policy across all Council-managed 
species; review updated matrix of ``baseline conditions'' for Council-
managed species, i.e., how risk and uncertainty are currently 
addressed; discuss baseline conditions in the Atlantic herring fishery; 
review available information and begin to develop recommendations 
regarding the application of the Risk Policy in the Atlantic Herring 
FMP; discuss baseline conditions in the Atlantic sea scallop fishery; 
plan future work and address other business as necessary.
    Although non-emergency issues not contained in this agenda may be 
discussed, those issues may not be the subject of formal action during 
this meeting. Action will be restricted to those issues specifically 
identified in this notice and any issues arising after publication of 
this notice that require emergency action under section 305(c) of the 
Magnuson-Stevens Fishery Conservation and Management Act, provided the 
public has been notified of the Council's intent to take final action 
to address the emergency.

Special Accommodations

    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Thomas A. Nies (see ADDRESSES) at least 5 days 
prior to the meeting date.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: January 14, 2015.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2015-00757 Filed 1-16-15; 8:45 am]
BILLING CODE 3510-22-P
EXHIBIT 13.2
   CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TO
 SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002
  The certification set forth below is being submitted in connection with the Annual Report on Form 20-F for the fiscal year ended December 31, 2010 ( the “Report”) for the purposes of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities and Exchange Act of 1934 (the “Exchange Act”) and Section 1350 of Chapter 63 of Title 18 of the United States Code.
  I, Andre Bergstein, the Chief Financial and Investor Relations Officer of Gafisa S.A., certify that, to the best of my knowledge:
  ·
the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
  ·
the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
  Date: July 5, 2012
 
 By:
/s/ Andre BergsteinName:
Andre BergsteinTitle:
Chief Financial Officer
[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Notices]
[Page 2951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00819]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute; Notice of Closed 
Meeting

    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 meeting 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: Heart, Lung, and Blood Initial Review Group; 
NHLBI Mentored Clinical and Basic Science Review Committee.
    Date: February 19-20, 2015.
    Time: 10:30 a.m. to 12:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: The Westin Crystal City, 1800 Jefferson Davis Highway, 
Arlington, VA 22202.
    Contact Person: Keith A. Mintzer, Ph.D. Scientific Review 
Officer, Office of Scientific Review/DERA National Heart, Lung, and 
Blood Institute, 6701 Rockledge Drive, Room 7186, Bethesda, MD 
20892-7924, 301-594-7947, <a href="/cdn-cgi/l/email-protection#5c3135322826392e371c3234303e3572323534723b332a"><span class="__cf_email__" data-cfemail="620f0b0c1618071009220c0a0e000b4c0c0b0a4c050d14">[email protected]</span></a>

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)

    Dated: January 14, 2015.
Michelle Trout,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2015-00819 Filed 1-20-15; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
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[Federal Register Volume 80, Number 8 (Tuesday, January 13, 2015)]
[Notices]
[Page 1644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00280]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Library of Medicine; Notice of Closed Meeting

    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 meeting 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 materials, 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 Library of Medicine Special Emphasis 
Panel; Conflicts R01.
    Date: March 6, 2015.
    Time: 12:00 p.m. to 2:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Library of Medicine, 6705 Rockledge Drive, Suite 
301, Bethesda, MD 20817 (Telephone Conference Call).
    Contact Person: Zoe E. Huang, MD, Scientific Review Officer, 
Extramural Programs, National Library of Medicine, NIH, 6705 
Rockledge Drive, Suite 301, Bethesda, MD 20892-7968, 301-594-4937, 
<a href="/cdn-cgi/l/email-protection#87eff2e6e9e0fdc7eae6eeeba9e9eeefa9e0e8f1"><span class="__cf_email__" data-cfemail="fa928f9b949d80ba979b9396d4949392d49d958c">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program No. 93.879, 
Medical Library Assistance, National Institutes of Health, HHS)

    Dated: January 7, 2015.
Michelle Trout,
Program Analyst, Office of the Federal Advisory Committee Policy.
[FR Doc. 2015-00280 Filed 1-12-15; 8:45 am]
BILLING CODE 4140-01-P


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</html>
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED October 5, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40223 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE MERCEDES GAMEZ-BONILLA, also known as Jose Gamez-Bonilla, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:05-CR-445-ALL

-------------------- Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Jose Mercedes Gamez-Bonilla raises arguments that are foreclosed by AlmendarezTorres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is
AFFIRMED.
<TABLE> <S> <C>

<ARTICLE>                          5
<LEGEND>
 This  schedule  contains  summary  financial  information  extracted  from  the
 Partnership's  audited financial  statements for the quarter ended December 31,
 1997  and  is  qualified  in  its  entirety  by  reference  to  such  financial
 statements.
</LEGEND>
<MULTIPLIER>                            1,000
       
<S>                                  <C>
<PERIOD-TYPE>                           3-MOS
<FISCAL-YEAR-END>                  SEP-30-1998
<PERIOD-END>                       DEC-31-1997
<CASH>                                    978
<SECURITIES>                                0
<RECEIVABLES>                               0
<ALLOWANCES>                                0
<INVENTORY>                                 0
<CURRENT-ASSETS>                          978
<PP&E>                                  5,177
<DEPRECIATION>                          1,517
<TOTAL-ASSETS>                          4,664
<CURRENT-LIABILITIES>                      36
<BONDS>                                 1,241
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<COMMON>                                    0
<OTHER-SE>                              3,387
<TOTAL-LIABILITY-AND-EQUITY>            4,664
<SALES>                                     0
<TOTAL-REVENUES>                          177
<CGS>                                       0
<TOTAL-COSTS>                              77
<OTHER-EXPENSES>                            0
<LOSS-PROVISION>                            0
<INTEREST-EXPENSE>                         34
<INCOME-PRETAX>                            66
<INCOME-TAX>                                0
<INCOME-CONTINUING>                        66
<DISCONTINUED>                              0
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                               66
<EPS-PRIMARY>                            3.03
<EPS-DILUTED>                            3.03
        

</TABLE>
Exhibit 35.2

SERVICER COMPLIANCE STATEMENT (Item 1123)

GMAC Mortgage, LLC

RAMP Series 2007-RS1 Trust (the Issuing Entity)

The undersigned, a duly authorized officer of GMAC Mortgage, LLC, as servicer (the Servicer) pursuant to the applicable servicing agreement, does hereby certify that:

1. A review of the Servicers activities during the period covered by the Issuing Entitys report on Form 10-K and of the Servicers performance under
the applicable servicing agreement has been made under my supervision.

2. To the best of my knowledge, based on such review, the Servicer has fulfilled
all of its obligations under the applicable servicing agreement in all material respects throughout such period.

IN WITNESS WHEREOF, the undersigned has
duly executed this Certificate this 24th day of March 2008.



|       |  |                         
|------ |  | ------------------------
|By:    |  | /s/ Anthony N. Renzi    
|Name:  |  | Anthony N. Renzi        
|Title: |  | Executive Vice President
II 

Calendar No. 568 

109TH CONGRESS 

2D SESSION S. 3613 

To designate the facility of the United States Postal Service located at 

2951 New York Highway 43 in Averill Park, New York, as the ‘‘Major 

George Quamo Post Office Building’’. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2006 

Mrs. CLINTON (for herself and Mr. SCHUMER) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

AUGUST 1, 2006 

Reported by Ms. COLLINS, without amendment 

A BILL 

To designate the facility of the United States Postal Service 

located at 2951 New York Highway 43 in Averill Park, 

New York, as the ‘‘Major George Quamo Post Office 

Building’’. 

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


bajohnson on PROD1PC77 with BILLS
2 

•S 3613 RS

1 SECTION 1. MAJOR GEORGE QUAMO POST OFFICE BUILD2 ING. 

3 (a) DESIGNATION.—The facility of the United States 

4 Postal Service located at 2951 New York Highway 43 in 

5 Averill Park, New York, shall be known and designated 

6 as the ‘‘Major George Quamo Post Office Building’’. 

7 (b) REFERENCES.—Any reference in a law, map, reg8 ulation, document, paper, or other record of the United 

9 States to the facility referred to in subsection (a) shall 

10 be deemed to be a reference to the ‘‘Major George Quamo 

11 Post Office Building’’. 


bajohnson on PROD1PC77 with BILLS

bajohnson on PROD1PC77 with BILLS
Calendar No. 568 

109TH CONGRESS 

2D SESSION S. 3613 

A BILL 

To designate the facility of the United States PostQuamo Post Office Building’’. in Averill Park, New York, as the ‘‘Major George al Service located at 2951 New York Highway 43 

AUGUST 1, 2006 

Reported without amendment 


bajohnson on PROD1PC77 with BILLS
#### ENRIQUE BADILLO v. ALPHONZA J. CUNNINGHAM, CHRISTIE CUNNINGHAM, and FRANK OTIS BURROUGHS, JR.

No. 359A06

(Filed 15 December 2006)

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 177 N.C. App. 732, 629 S.E.2d 909 (2006), affirming an order entered 27 June 2005 by Judge W. Douglas Albright in Superior Court, Rockingham County. Heard in the Supreme Court 21 November 2006.

*Wilson & Coffey, LLP, by G. Gray Wilson and Stuart H. Russell, for plaintiff-appellant.*

*Teague, Rotenstreich & Stanaland, LLP, by Paul A. Daniels, for unnamed defendant-appellee Nationwide Mutual Insurance Company.*

PER CURIAM.

AFFIRMED.

Justice MARTIN did not participate in the consideration or decision of this case.
`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3630 Reported in Senate (RS)]







                                                       Calendar No. 646
109th CONGRESS
  2d Session
                                S. 3630

                          [Report No. 109-352]

   To amend the Federal Water Pollution Control Act to reauthorize a 
    program relating to the Lake Pontchartrain Basin, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2006

  Mr. Vitter introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                           September 27, 2006

               Reported by Mr. Inhofe, without amendment

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Water Pollution Control Act to reauthorize a 
    program relating to the Lake Pontchartrain Basin, and for other 
                               purposes.

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

SECTION 1. LAKE PONTCHARTRAIN BASIN RESTORATION REAUTHORIZATION.

    The first section 121 of the Federal Water Pollution Control Act 
(33 U.S.C. 1273) (relating to Lake Pontchartrain Basin) is amended in 
subsection (f) by striking ``2005'' and inserting ``2011''.

SEC. 2. TECHNICAL CORRECTION.

    The second section 121 of the Federal Water Pollution Control Act 
(33 U.S.C. 1274) (relating to wet weather watershed pilot projects) is 
redesignated as section 122.
                                                       Calendar No. 646

109th CONGRESS

  2d Session

                                S. 3630

                          [Report No. 109-352]

_______________________________________________________________________

                                 A BILL

   To amend the Federal Water Pollution Control Act to reauthorize a 
    program relating to the Lake Pontchartrain Basin, and for other 
                               purposes.

_______________________________________________________________________

                           September 27, 2006

                       Reported without amendment`