alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Joseph V. Parlato, Appellant, v Bill E. Springer, Respondent.

[974 NYS2d 842]

— Appeal from an order of the Erie County Court (Sheila A. DiTullio, J.), entered August 23, 2012. The order affirmed an order and judgment of the Buffalo City Court dated October 17, 2011 and November 3, 2011, respectively.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated at County Court. Present — Smith, J.E, Centra, Fahey, Garni and Whalen, JJ.
[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Page 21828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10887]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,706]


R & B Fabrications, Oakwood, OH; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on March 16, 2009 in response to a worker 
petition filed on behalf of workers at R&B Fabrications, Inc., Oakwood, 
Ohio.
    The petitioners have requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC, this 15th day of April 2009.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-10887 Filed 5-8-09; 8:45 am]
BILLING CODE 4510-FN-P
Exhibit 31.1
 Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
      (a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, 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 report is being prepared;(b)
    
    Designed such internal control over financial reporting, or caused such internal control
over financial reporting to be designed under our supervision, to provide reasonable
assurance regarding the reliability of financial reporting and the preparation of financial
statements for external purposes in accordance with generally accepted accounting principles;(c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such evaluation;
and(d)
    
    Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the registrants
fourth fiscal quarter in the case of an Annual Report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial
reporting; and
  (a)
    
    All significant deficiencies and material weaknesses in the design or operation of internal
control over financial reporting which are reasonably likely to adversely affect the
registrants ability to record, process, summarize and report financial information; and(b)
    
    Any fraud, whether or not material, that involves management or other employees who have a
significant role in the registrants internal control over financial reporting.
  /s/ Gordon F. DuGanGordon F. DuGanChief Executive Officer
<TABLE> <S> <C>


<ARTICLE>                     5

                                  
<CURRENCY>                                   U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                             DEC-31-1995
<PERIOD-END>                                  JUN-30-1995
<EXCHANGE-RATE>                                         1
<CASH>                                              2,384
<SECURITIES>                                        1,400
<RECEIVABLES>                                      23,700
<ALLOWANCES>                                            0
<INVENTORY>                                             0
<CURRENT-ASSETS>                                   28,096
<PP&E>                                                  0
<DEPRECIATION>                                          0
<TOTAL-ASSETS>                                     38,074
<CURRENT-LIABILITIES>                             260,175
<BONDS>                                                 0
<COMMON>                                          249,992
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<OTHER-SE>                                       (472,093)
<TOTAL-LIABILITY-AND-EQUITY>                       38,074
<SALES>                                                 0
<TOTAL-REVENUES>                                    1,210
<CGS>                                                   0
<TOTAL-COSTS>                                      39,049
<OTHER-EXPENSES>                                        0
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                      0
<INCOME-PRETAX>                                   (37,839)
<INCOME-TAX>                                            0
<INCOME-CONTINUING>                               (37,839)
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                      (37,839)
<EPS-PRIMARY>                                        (.15)
<EPS-DILUTED>                                        (.15)
        


</TABLE>
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

 

Nos. 08-3268 and 08-3302

____________

ROBERT FREEMAN; JUDY FREEMAN; 

WALTER HANSEL WINERY, INC.; 

OLIVER WINE COMPANY, INC.; 

MEYER FRIEDMAN; BEVERLY FRIEDMAN 

v.

JON S. CORZINE, Governor of New Jersey;

ANNE MILGRAM, Attorney General of New Jersey; 

JERRY FISCHER, Director of the New Jersey

Division of Alcoholic Beverage Control

R&R MARKETING, L.L.C.; ALLIED BEVERAGE GROUP, L.L.C.; 

FEDWAY ASSOCIATES, INC.

(Pursuant to F.R.A.P. 43(c))

Jerry Fischer, Director of the New Jersey 

Division of Alcoholic Beverage Control,

Appellant in 08-3268

Robert Freeman; Judy Freeman; Walter Hansel Winery, Inc.

Meyer Freeman; Beverly Freeman,

Appellants in 08-3302

_____________

Appeals from the United States District Court

for the District of New Jersey (D.C. No. 03-3140)

District Judge: Honorable Katharine S. Hayden

 

Submitted Under Third Circuit LAR 34.1(a) 

Before: McKEE, Chief Judge, and HARDIMAN, Circuit Judges,
 Honorable Louis H. Pollak, Senior Judge of the United States District Court for *

the Eastern District of Pennsylvania, sitting by designation.

2

and POLLAK, District Judge.

*

(Filed: March 15, 2011)

 

ORDER AMENDING OPINION AND JUDGMENT

 

It appearing that there is a typographical error in the names of certain appellants in

appeal No. 08-3302, the precedential opinion and judgment filed on December 17, 2010,

are hereby amended, as shown below, to correct the typographical error in the listing of

appellants in No. 08-3302:

Robert Freeman; Judy Freeman; Walter Hansel Winery, Inc.;

Meyer Friedman; Beverly Friedman, 

Appellants in 08-3302

This amendment does not change the date of filing, December 17, 2010. 

By the Court:

/s/ Louis H. Pollak 

Louis H. Pollak, District Judge
#### State v. Bauberger

Case below: 361 N.C. 105

No. 172A06

Def’s Motion to Stay Issuance of Mandate and Request For Re-Argument Before a Full Court (COA04-1368)

Denied 12/29/06
#### The People of the State of New York, Respondent, v Elijahwon McNair, Appellant.

[963 NYS2d 598]

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered August 25, 2011, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with *Anders v California*(386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the appellant.

Ordered that the motion of Douglas J. Martino for leave to withdraw as counsel for the appellant is granted, and he is directed to turn over all papers in his possession to the appellant’s new counsel assigned herein; and it is further,

Ordered that John Paul Savoca, Esq., EO. Box 531, Yorktown Heights, N.Y., 10598, is assigned as counsel to prosecute the appeal; and it is further,

Ordered that the respondent is directed to furnish a copy of the certified transcript of the proceedings to the appellant’s new assigned counsel; and it is further,

*1062Ordered that new counsel shall serve and file a brief on behalf of the appellant within 90 days of the date of this decision and order on motion and the respondent shall serve and file its brief within 30 days after the brief on behalf of the appellant is served and filed. By prior decision and order on motion of this Court dated November 21, 2011, the appellant was granted leave to prosecute the appeal as a poor person, with the appeal to be heard on the original papers, including a certified transcript of the proceedings, and on the briefs of the parties, who were directed to file nine copies of their respective briefs and to serve one copy on each other.

The brief submitted by the appellant’s assigned counsel pursuant to *Anders v California*(386 US 738 [1967]) is deficient because it fails to adequately analyze potential appellate issues or highlight facts in the record that might arguably support the appeal *(see People v Singleton,*101 AD3d 909, 910 [2012]; *People v Sanders,*91 AD3d 798, 799 [2012]; *Matter of Giovanni S. [Jasmin A.],*89 AD3d 252, 256 [2011]). Since the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of his . . . client” *(Matter of Giovanni S. [Jasmin A.],*89 AD3d at 256 [internal quotation marks omitted]), we must assign new counsel to represent the appellant *(see People v Singleton,*101 AD3d at 910; *People v Sanders,*91 AD3d at 799; *Matter of Giovanni S. [Jasmin A.],*89 AD3d at 258).

Rivera, J.E, Dickerson, Leventhal and Lott, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         204,678
<SECURITIES>                                         0
<RECEIVABLES>                                5,246,335
<ALLOWANCES>                                    78,000
<INVENTORY>                                  5,846,626
<CURRENT-ASSETS>                            11,523,620
<PP&E>                                       5,189,575
<DEPRECIATION>                               2,398,920
<TOTAL-ASSETS>                              97,208,297
<CURRENT-LIABILITIES>                        7,977,820
<BONDS>                                     53,948,659
<COMMON>                                       228,362
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  30,107,803
<TOTAL-LIABILITY-AND-EQUITY>                97,208,297
<SALES>                                              0
<TOTAL-REVENUES>                             8,183,955
<CGS>                                        5,371,280
<TOTAL-COSTS>                                5,371,280
<OTHER-EXPENSES>                               608,612
<LOSS-PROVISION>                                 5,097
<INTEREST-EXPENSE>                           1,079,611
<INCOME-PRETAX>                               (113,831)
<INCOME-TAX>                                 2,672,482
<INCOME-CONTINUING>                          4,039,643
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,039,643
<EPS-PRIMARY>                                      .18
<EPS-DILUTED>                                      .17
        

</TABLE>
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 Labor

###### Employment and Training Administration

          - [TA-W-65,629]

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 18, 2009 in response to a worker petition filed on behalf of the workers at CoAdna Photonics, Inc., Sunnyvale, California.

The petitioners have requested that the petition be withdrawn. Consequently, the investigation has been terminated.

Signed at Washington, DC, this 10th day of April 2009.

Richard Church,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-10884 Filed 5-8-09; 8:45 am]

BILLING CODE 4510-FN-P
Exhibit
32.1





CERTIFICATION
OF PERIODIC REPORT





Each of
the undersigned, in his capacity as an officer of Global Gold Corporation (the
"Company”), hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 (18 U.S.C. 1350), that:





(1) the
Quarterly Report on Form 10-Q of the Company for the nine months ended September
30, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and





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





Date:
      November 22, 2010
            /s/ Van Z. KrikorianVan
      Z. KrikorianChairman
      and Chief Executive Officer





Date:
      November 22, 2010
            /s/ Jan E. DulmanJan
      E. DulmanChief
      Financial Officer





A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.
##### 



(FAIRMONT HOTELS AND RESORTS LOGO) For immediate release
    
    Exhibit No. 99.1
 FAIRMONT HOTELS & RESORTS INC.
DECLARES DIVIDEND TORONTO, June 3, 2004 The Board of Directors of Fairmont Hotels & Resorts
Inc. (FHR)(TSX/NYSE: FHR) has declared a semi-annual dividend of four cents
(U.S.$0.04) per share on the outstanding common shares, payable on July 28,
2004, to holders of record at the close of business on June 28, 2004. About Fairmont Hotels & Resorts Inc. FHR is one of North Americas leading owner/operators of luxury hotels and
resorts. FHRs managed portfolio consists of 82 luxury and first-class
properties with more than 33,000 guestrooms in the United States, Canada,
Mexico, Bermuda, Barbados and the United Arab Emirates. It holds an 83.5%
controlling interest in Fairmont Hotels Inc., North Americas largest luxury
hotel management company, as measured by rooms under management. Fairmont
manages 44 distinctive city center and resort hotels such as The Fairmont San
Francisco, The Fairmont Banff Springs and The Fairmont Scottsdale Princess.
FHR also owns Delta Hotels, Canadas largest first-class hotel management
company, which manages and franchises 38 city center and resort properties in
Canada. In addition to hotel management, FHR holds real estate interests in 23
properties and an approximate 35% investment interest in Legacy Hotels Real
Estate Investment Trust, which owns 24 properties. -30- Contact:
    
    Emma ThompsonExecutive Director Investor RelationsTel: 416.874.2485Email: investor@fairmont.comWebsite: www.fairmont.com
#### In the Matter of Stop the Madrassa Community Coalition et al., Appellants, v New York City Department of Education et al., Respondents.

Submitted March 30, 2009;

decided May 5, 2009

Motion for leave to appeal dismissed upon the ground that it does not lie *(see*NY Const, art VI, § 3 [b]; CPLR 5602).
Amendment No. 1 to Long-Term Incentive Program Participant Grant and Agreement



 Exhibit 10(jjj) 
 CLEVELAND-CLIFFS INC 
 Amendment No. 1 
 to 
 Long-Term Incentive Program Participant Grant and Agreement 
 for 
 Joseph A. Carrabba 
 This Amendment No. 1 is executed as of the date set forth below by Cleveland-Cliffs Inc (the “Company”); 
 WITNESSETH: 
 WHEREAS,
effective May 8, 2000, Cleveland Cliffs Inc (the “Company”) established the Cleveland-Cliffs Inc Long-Term Incentive Plan (the “Incentive Plan”) in order to attract and retain executives and other key employees of the
Company and its subsidiaries and to align their interests directly with the interests of the shareholders of the Company by increasing the Company’s long-term value and exceeding the performance of peer companies; and 
 WHEREAS, in conjunction with the Incentive Plan, the Company entered into a Long-Term Incentive Plan Participant Grant and Agreement Year
2006 (“2006 Participant Grant”) with certain eligible employees, including Joseph A. Carrabba (the “Carrabba 2006 Participant Grant”); 
 WHEREAS, the Company reserved the right to amend any 2006 Participant Grant pursuant to its Section 5.7; and 







 WHEREAS, the Company desires to amend the Carrabba 2006 Participant Grant in order to
grant additional Performance Shares and Retention Units, effective September 1, 2006; 
 NOW, THEREFORE, pursuant to
Section 5.7 of the 2006 Participant Grant, Carrabba’s 2006 Participant Grant is hereby amended, effective September 1, 2006, as follows: 
 (1) The ninth “WHEREAS” clause of the Preamble of Carrabba’s 2006 Participant Grant is hereby amended by the deletion of such clause in its entirety and the substitution in lieu thereof of new clauses
to read as follows: 
 “WHEREAS, on May 8, 2006 (“Date of First Grant”) the Committee authorized the
granting to the Participant of Seven Thousand Fifty Five (7,055) Performance Shares and an additional One Thousand Two Hundred Forty Five (1,245) Retention Units covering the incentive period commencing January 1, 2006 and ending
December 31, 2008 (“Incentive Period”) under the Incentive Program, which Performance Shares and Retention Units were split in half, effective June 30, 2006, thus providing the Participant Fourteen Thousand One Hundred Ten
(14,110) Performance Shares and Two Thousand Four Hundred Ninety (2,490) Retention Units following the split; and 
 WHEREAS, on September 1, 2006 (“Date of Second Grant”) the Committee authorized the granting to the Participant an additional Fourteen Thousand One Hundred Ten (14,110) Performance Shares and Two Thousand Four Hundred
Ninety (2,490) Retention Units covering the Incentive Period under the Incentive Program; and” 







 IN WITNESS WHEREOF, the Company, by its appropriate officer, duly authorized, has
executed this Amendment No. 1 as of this 15th day of September , 2006. 
  

			
	 CLEVELAND-CLIFFS INC

		
	 By:
	 	 /s/ Randy L. Kummer
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 Annual Report of Omni Bio Pharmaceutical, Inc. (the
“Company”) on Form 10-K for the year ended March 31, 2009 (the “Report”), I,
Robert C. Ogden, Chief Financial Officer of the Company, certify that, to the
best of my knowledge:





(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.








Date: June
      29, 2009
              /s/ Robert C. OgdenRobert
      C. OgdenChief
      Financial Officer(Principal
      Financial Officer)
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 Quarterly Report of
Team, Inc. (the Company) on Form 10-Q for the period ended November 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Philip J. Hawk, Chairman and 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 Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                   
|---------------------------------------------------
|                                                   
|/S/    PHILIP J.
HAWK                              
|Philip J. Hawk Chairman and Chief Executive Officer

January 8, 2010