alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### 191 Chrystie LLC, Respondent, v Barry Ledoux, Also Known as Barry Sonnier, Appellant.

[872 NYS2d 6]

Order, Supreme Court, New York County (Martin Shulman, J), entered March 17, 2008, which, in this declaratory judgment action by plaintiff owner to determine whether defendant is a *412protected tenant under Multiple Dwelling Law article 7-C (Loft Law), denied defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

Defendant failed to demonstrate compliance with, or even address, the rule governing a prime tenant’s right to protected tenant status upon recovery of vacated space *(see*NY City Loft Board Regulations [29 RCNY] § 2-09 [c] [5] [iii]). Defendant’s reliance on a statement regarding his potential future rights made by the Loft Board in a 1985 order is misplaced. The 1985 order never determined whether defendant was a protected tenant and the statement constituted nonbinding dicta and did not bar this action *(see Jackson v Board of Educ. of City of N.Y,*30 AD3d 57, 59 [2006]; *Donahue v Nassau County Healthcare Corp.,*15 AD3d 332 [2005], *lv denied*5 NY3d 702 [2005]). Since this action does not challenge the 1985 Loft Board order, the statute of limitations and laches defenses are unavailing, and in any event, laches cannot give rise to defendant’s claimed right *(see Matter of Jo-Era Props., Inc.,*27 AD3d 298, 299 [2006], *lv denied*8 NY3d 801 [2007]). Furthermore, contrary to defendant’s contention, plaintiff did not allege in a holdover petition that defendant was a protected tenant.

We have considered and rejected defendant’s remaining contentions. Concur—Lippman, P.J., Mazzarelli, Sweeny, DeGrasse and Freedman, JJ. *[See*2008 NY Slip Op 30734(U).]
##### 



EXHIBIT 32.1(b)

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 report of Inco Limited on
Form 10-Q/ A (Amendment No. 1) amending the Quarterly
Report of Inco Limited (the registrant) on
Form 10-Q for the quarter ended March 31, 2004 as
filed with the Securities and Exchange Commission on the date
hereof (this Form 10-Q, as amended by Amendment No. 1,
the report), I, Scott M. Hand, Chairman and
Chief Executive 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 10, 2004

| |                    
| | -------------------
| | /s/ SCOTT M. HAND  
| |                    
| | Name: Scott M. Hand

| |        |                                     
| | ------ | ------------------------------------
| | Title: | Chairman and Chief Executive Officer

The foregoing certification is being furnished
solely pursuant to 18 U.S.C.§1350 and is not being
filed as part of the report or as a separate disclosure document.

25
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 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:*                         Center for Scientific Review Special Emphasis Panel; Member Conflict: Mycobacterial genetics, biochemistry and drug discovery and development.                    

*Date:*                         January 22, 2015.                    

*Time:*                         1:30 p.m. to 5:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).                    

*Contact Person:*                         Tera Bounds, DVM, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3214, MSC 7808, Bethesda, MD 20892, 301-435-2306,                         *boundst@csr.nih.gov*.                    

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)

Dated: January 14, 2015.

Michelle Trout,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2015-00821 Filed 1-20-15; 8:45 am]

BILLING CODE 4140-01-P
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-END>                               DEC-31-1996
<CASH>                                           3,674
<SECURITIES>                                         0
<RECEIVABLES>                                    7,091
<ALLOWANCES>                                        77
<INVENTORY>                                      5,612
<CURRENT-ASSETS>                                23,142
<PP&E>                                          43,732
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<COMMON>                                            40
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<TOTAL-LIABILITY-AND-EQUITY>                    46,588
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<CGS>                                           25,248
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<OTHER-EXPENSES>                                 5,205
<LOSS-PROVISION>                                     1
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<INCOME-PRETAX>                                  1,128
<INCOME-TAX>                                     (356)
<INCOME-CONTINUING>                                772
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<EXTRAORDINARY>                                (5,844)
<CHANGES>                                            0
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<EPS-PRIMARY>                                   (1.22)
<EPS-DILUTED>                                        0
<FN>Net Assets of Discontinued Operations        6,265
</FN>

        

</TABLE>
[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Pages 21787-21788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10932]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Web Site Publication

AGENCY: Office of Oceanic and Atmospheric Research (OAR), National 
Oceanic and Atmospheric Administration (NOAA), Commerce (DOC).

ACTION: Notice of Web site publication.

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

SUMMARY: Notice is hereby given of public access via http://www.climate.noaa.gov to information

[[Page 21788]]

pertaining to an upcoming Climate Program Office solicitation of grant 
proposals.

SUPPLEMENTARY INFORMATION: On or about 10 days after publication of 
this notice, detailed information pertaining to Climate Program Office 
research strategies, objectives, and priorities, will be available. 
These program priorities represent a contribution to national and 
international programs designed to improve our ability to observe, 
understand, predict, and respond to changes in the global environment.

FOR FURTHER INFORMATION CONTACT: Eric Locklear; Chief, Administrative 
Services Division; Climate Program Office, Office of Oceanic & 
Atmospheric Research (301) 734-1236.

    Dated: May 4, 2009.
Mark E. Brown,
Chief Financial Officer, Office of Oceanic and Atmospheric Research, 
National Oceanic and Atmospheric Administration.
[FR Doc. E9-10932 Filed 5-8-09; 8:45 am]
BILLING CODE 3510-KB-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, 2012 (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, Chief Financial 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: April 12, 2013




Company NameBy:
/s/ Andre BergsteinName:
Andre BergsteinTitle:
Chief Financial Officer
** **

UNITEDSTATES

SECURITIES AND EXCHANGECOMMISSION

WASHINGTON, D.C.  20549

 

**FORM10-Q**

 

(Mark One)

[X]   QUARTERLYREPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF1934

 

For thequarterly period ended March 31, 2010

 

or

 

[ ]   TRANSITIONREPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF1934

 

For thetransition period from _________to _________

 

Commission file number0-10256

 

**SHELTER PROPERTIESII**

(Exactname of registrant as specified in its charter)

 

 

55Beattie Place, PO Box 1089

Greenville, South Carolina 29602

(Addressof principal executive offices)

 

(864)239-1000

(Registrant’s telephonenumber, including area code)

 

Indicate by check markwhether the registrant (1) has filed all reports required to be filed by Section13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12months (or for such shorter period that the registrant was required to file suchreports), and (2) has been subject to such filing requirements for the past 90days.  

[X] Yes  [ ]No

 

Indicate by check markwhether the registrant has submitted electronically and posted on its corporateWeb site, if any, every Interactive Data File required to be submitted andposted pursuant to Rule 405 of Regulation S-T (232.405 of this chapter) duringthe preceding 12 months (or for such shorter period that the registrant wasrequired to submit and post such files). [ ] Yes  [ ] No

 

Indicate by check markwhether the registrant is a large accelerated filer, an accelerated filer, anon-accelerated filer, or a smaller reporting company.  See the definitionsof “large accelerated filer”, “accelerated filer” and “smaller reportingcompany” in Rule 12b-2 of the Exchange Act.

 

 

Indicate by check markwhether the registrant is a shell company (as defined in Rule 12b-2 of theExchange Act). [ ] Yes  [X] No
#### In the Matter of Timothy N. Peters, Petitioner, v Douglas A. Randall, Monroe County Court Judge, Respondent.

[975 NYS2d 297]

*1392Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b] [1]) to review a determination of respondent. The determination revoked the pistol permit of petitioner.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, after a hearing, revoking his pistol permit. Contrary to the contention of petitioner, we conclude that the determination is neither arbitrary and capricious nor an abuse of discretion. It is well established that “[Respondent is vested with broad discretion in determining whether to revoke a pistol permit and may do so for any good cause,” including “a finding that the petitioner lack[s] the essential temperament or character which should be present in one entrusted with a dangerous instrument . . . , or that he or she does not possess the maturity, prudence, carefulness, good character, temperament, demeanor and judgment necessary to have a pistol permit” *(Matter of Schiavone v Punch,*34 AD3d 1366, 1366 [2006] [internal quotation marks omitted]; *see*Penal Law § 400.00 [1], [11]; *Matter of Strom v Erie County Pistol Permit Dept.,*6 AD3d 1110, 1111-1112 [2004]). Here, petitioner’s pistol permit was revoked after a domestic incident involving his wife at the time. Police reports from the incident date indicate that petitioner twice grabbed his wife by the arms and pushed her against the wall, warning her that “there was going to be trouble” if she called the police. The reports also indicate a prior history of domestic violence. Notably, petitioner did not dispute the above factual basis for the revocation of his pistol permit, but argued only that it was an “isolated incident” *(see Matter of Demyan v Monroe,*108 AD2d 1004, 1005 [1985]). In light of the above facts, we conclude that there is a rational basis for the determination, and that respondent did not abuse his broad discretion or act in an arbitrary and capricious manner in revoking petitioner’s pistol permit *(see Matter of Moreno v Cacace,*61 AD3d 977, 978-979 [2009]; *see also Matter of Cuda v Dwyer,*107 AD3d 1409, 1410 [2013]; *Matter of Dlugosz v Scarano,*255 AD2d 747, 748 [1998], *appeal dismissed*93 NY2d 847 [1999], *lv denied*93 NY2d 809 [1999], *cert denied 528 US*1079 [2000]).

Finally, petitioner’s further contention that the revocation of his pistol permit violates the Second Amendment of the United States Constitution is without merit *(see Cuda,*107 AD3d at *13931410; *Matter of Kelly v Klein,*96 AD3d 846, 847-848 [2012]). Present — Scudder, EJ., Peradotto, Garni, Sconiers and Whalen, JJ.
DISMISS; and Opinion Filed December 3, 2013. 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 13
- 01159
- CR
VINCENT DEPAUL OATMA N , Appellant V. THE STATE OF TEXAS , Appellee On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause No. F13
- 54925
- X 

### MEMORANDUM OPINION Before Justices Francis, Lang

- Miers, and Lewis Opinion by Justice Lang

- Miers Vince Depaul Oatman pleaded guilty to burglary of a building and true to two enhancement paragraphs. Pursuant to a plea agreement, the trial court sentenced appellant to three years’ imprisonment. Appellant waived his right to appeal as part of the plea agreement.
See Blanco v. State , 18 S.W.3d 218 , 219

– 20 (Tex. Crim. App. 2000). The trial court certified that appellant does not have the right to appeal. See T EX

. R. A PP

. P . 25.2(d); Dears v. State , 154 S.W.3d 610 (Tex. Crim. App. 2005). We dismiss the appeal for want of jurisdiction.

Do Not Publish T EX

. R. A PP

. P . 47
131159F.U05 /Elizabeth Lang

- Miers/ ELIZABETH LANG

- MIERS JUSTICE– 2

– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT

VINCENT DEPAUL OATMAN, Appellant

No. 05

- 13

- 01159

- CR V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 6, Dallas County, Texas Trial Court Cause No. F13

- 54925

- X. Opinion delivered by Justice Lang

- Miers, Justices Francis and Lewis participating. Based on the Court’s opinion of this date, we DISMISS the appe al for want of jurisdiction.

Judgment entered this 3rd day of December, 2013.

/Elizabeth Lang

- Miers/ ELIZABETH LANG

- MIERS JUSTICE
================================================================================


                                                                    EXHIBIT 32.1

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


In connection with the Annual Report of Arkson Nutraceuticals, Inc. (the
"Company") on Form 10-K/A for the year ended June 30, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the "Periodic Report"),
I, David Roff, Chief Executive 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:


1.       the Periodic 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 Periodic Report fairly presents, in
         all material respects, the financial condition and results of
         operations of the Company.


                             Dated: March 24, 2010


                                /s/ "David Roff"


                                   David Roff
               Chief Executive Officer and Chief Financial Officer





--------------------------------------------------------------------------------
##### 



Certification of Interim Filings during Transition Period
  1.
    
    I have reviewed the interim filings (as this term is defined in Multilateral Instrument
52-109 Certification of Disclosure in Issuers Annual and Interim Filings)of Sun Life
Financial Inc., (the issuer) for the interim period ending June 30, 2005;2.
    
    Based on my knowledge, the interim filings do not contain any untrue statement of a material
fact or omit to state a material fact required to be stated or that is necessary to make a
statement not misleading in light of the circumstances under which it was made, with respect
to the period covered by the interim filings; and3.
    
    Based on my knowledge, the interim financial statements together with the other financial
information included in the interim filings fairly present in all material respects the
financial condition, results of operations and cash flows of the issuer, as of the date and
for the periods presented in the interim filings.




---



##### 



Certification of Interim Filings During Transition Period
  1.
    
    I have reviewed the interim filings (as this term is defined in Multilateral Instrument
52-109 Certification of Disclosure in Issuers Annual and Interim Filings)of Sun Life
Financial Inc., (the issuer) for the interim period ending June 30, 2005;2.
    
    Based on my knowledge, the interim filings do not contain any untrue statement of a material
fact or omit to state a material fact required to be stated or that is necessary to make a
statement not misleading in light of the circumstances under which it was made, with respect
to the period covered by the interim filings; and3.
    
    Based on my knowledge, the interim financial statements together with the other financial
information included in the interim filings fairly present in all material respects the
financial condition, results of operations and cash flows of the issuer, as of the date and
for the periods presented in the interim filings.
#### Cook *v.*Childers.

1. By arguing the motion for a new trial, without moving to dismiss the same for failure to file a brief of evidence in due time, the respondent in the motion waived this matter of objection, and con*719sequently it is not good as a ground of exception to the judgment granting a new trial.

2. The general rule touching the first grant of a new trial applies to this case.

April 16, 1894.

Argued at the last term.

Trover. Before Judge Gamble. Macon superior court. November term, 1892.

J. W. Haygood and S. A. Reid, for plaintiff in error. E. E. Hinton, J. A. Hixon and E. H. Cutts, *contra.*

*Judgment affirmed.*