alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Eric Peters et al., Appellants, v City of White Plains et al., Respondents.

[872 NYS2d 502]

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, West-chester County (Donovan, J.), entered October 15, 2007, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that order is affirmed, without costs or disbursements.

The plaintiff Eric Feters alleged that he slipped and fell on a ramp in a public parking garage leased and maintained by the *825City of White Plains. He alleged that the surface of the ramp was wet, uneven, and pitted. The defendants City of White Plains and White Plains Parking Authority (hereinafter the defendants) moved for summary judgment alleging that there was no prior written notice of the defect as required by Charter of the City of White Plains § 277.

Contrary to the plaintiffs’ contention, the Charter requirement that there be prior written notice of a defect in a parking garage in order to maintain an action against the City complies with General Municipal Law § 50-e (4) *(see Walker v Town of Hempstead,*84 NY2d 360 [1994]). A public parking garage, like a parking lot, falls within the definition of a highway and is one of the areas in which the General Municipal Law permits a local government to require notice of defective conditions *(see Walker v Town of Hempstead,*84 NY2d at 366, 367; *Mendes v Whitney-Floral Realty Corp.,*216 AD2d 540, 542 [1995]).

The defendants met their burden of establishing entitlement to summary judgment by demonstrating that the City did not have prior written notice of the defects alleged by the plaintiffs. In opposition, the plaintiffs failed to submit evidence that raised a triable issue of fact. Accordingly, summary judgment was properly awarded to the defendants *(see Zuckerman v City of New York,*49 NY2d 557 [1980]). Prudenti, PJ., Dillon, Eng and Leventhal, JJ., concur.
#### In the Matter of Troy Booth, Appellant, v New York State Department of Corrections et al., Respondents. Workers’ Compensation Board, Respondent.

[871 NYS2d 783]

*1028Kane, J.

Appeal from a decision of the Workers’ Compensation Board, filed January 2, 2007, which ruled that claimant’s injury did not arise out of and in the course of his employment.

Claimant, a correction officer at Arthur Kill Correctional Facility in Richmond County, was injured while practicing basketball off-duty at the facility in preparation for the “Department of Correction Olympics,” an annual event involving correction officers and staff from the various correctional facilities around the state. Following a hearing, a Workers’ Compensation Law Judge disallowed claimant’s application for workers’ compensation benefits, finding that the accident did not occur during an athletic event sponsored by the employer. On review, the Workers’ Compensation Board affirmed and this appeal ensued.

We affirm. As claimant’s participation in the event was neither required nor compensated by the employer, his injury is compensable only if the employer overtly encouraged his participation *(see*Workers’ Compensation Law § 10 [1]; *Matter of Huff v Department of Corrections,*52 AD3d 1003, 1004 [2008]; *Matter of Mack v Kings County Hosp. Ctr.,*41 AD3d 1063, 1064 [2007]; *see also Matter of Dorosz v Green & Seifter,*92 NY2d 672, 676 [1999]). Moreover, whether a claimant’s injury arose in the course of employment is a factual decision for the Board and its determination will be upheld if supported by substantial evidence *(Matter of Bogert v E.B. Design Air, Inc.,*38 AD3d 1125, 1125 [2007]; *accord Matter of Eddy v Rochester-Genesee Regional Transp. Auth.,*248 AD2d 769, 770 [1998]). Here, the team and event were organized by the employees, and participants were responsible for all related costs of the competition, including entry fees, transportation costs, hotel and meal expenses, and uniforms. Additionally, practices were held after work hours, and participants had to use personal leave time to be paid for the days spent at the competition. Although the practice where claimant was injured was held at the employer’s facility gym, that gym was open to all employees during designated times. While the actual competition was held in another of the employer’s facilities, the use of those facilities, without any other encouragement to participate or control by the employer, is more a matter of convenience for the competitors than an overt sponsorship of the event by the employer *(see*
      *1029
      *Matter of De Carr v New York State Workers’ Compensation Bd.,*151 AD2d 935, 936 [1989]; *cf. Matter of Baker v Sentry Group,*269 AD2d 668, 669 [2000]). As substantial evidence supports a finding that claimant’s injury did not arise out of and in the course of his employment, the Board’s determination must be affirmed (see *Matter of Mack v Kings County Hosp. Ctr.,*41 AD3d at 1065; *Matter of Koch v Rockland County Sheriff's Dept.,*289 AD2d 865, 866 [2001], *lv denied*98 NY2d 601 [2002]).

Peters, J.E, Rose and Kavanagh, JJ., concur. Ordered that the decision is affirmed, without costs.
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-10804

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ROBERTO JIMENEZ,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:89-CR-97-R

- - - - - - - - - -

September 19, 1997

Before WISDOM, WIENER, AND DENNIS, Circuit Judges

PER CURIAM:*

Appellant Roberto Jimenez filed his notice of appeal one day

late. Upon remand, the district court held that the untimeliness

did not result from excusable neglect. See Fed. R. App. P. 4(b).

Jimenez has not contested the district court’s ruling, and

the record reveals no reason for this court to conclude that the

ruling constitutes an abuse of discretion. Accordingly,

Jimenez’s appeal is DISMISSED for failure to file a timely notice

of appeal. See United States v. Clark, 51 F.3d 42 (5th Cir.

1995). 
No. 

-2-

APPEAL DISMISSED.
EXHIBIT
      10.11

     

     

    May
      31,
      2007

    


    Fund
      Management Group LLC

    Four
      Forest Park

    Second
      Floor

    Farmington,
      CT 06032 

    


    


    Re: FMG
      ACQUISITION CORP.

    


    Gentlemen:

    


    This
      letter will confirm our agreement, that commencing on the effective date
      (“Effective Date”) of the registration statement (“Registration Statement”) of
      the initial public offering (“IPO”) of the securities of FMG Acquisition Corp.
      (the “Company”) and continuing until the earlier to occur of: (i) the
      consummation of a Business Combination (as described in the Registration
      Statement), (ii) failure to effect a Business Combination within 24 months
      from
      the consummation of the IPO and (iii) the date on which we determine to dissolve
      and liquidate our trust account as part of our plan of dissolution and
      liquidation, Fund Management Group, LLC shall make available to the Company
      certain general and administrative services, including but not limited to
      receptionist, secretarial and general office services. In exchange therefore,
      the Company shall pay Fund Management Group, LLC the sum of $7,500 per month
      on
      the Effective Date and continuing monthly thereafter.

    


    [signature
      page follows]

    


    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    

    


    
      	 	 	 
	 	
              Very
                truly yours, 

               
FMG ACQUISITION CORP.
	 
 	 
 	 
 
	
               

            	By:  	/s/
              Gordon Pratt
	 	
              
Name:
              Gordon Pratt
	 	Title:
              Chief Executive Officer and President




    Agreed
      to
      and Accepted by:

    


    FUND
      MANAGEMENT GROUP LLC

    


    By:  
      /s/ Gordon
      Pratt                                


    [    
      ]

    Managing
      Member
Exhibit 99(b)

CERTIFICATE REGARDING 
  PPL CORPORATION'S 10-Q FOR THE QUARTER ENDED SEPTEMBER 30, 2002

In connection with the quarterly report on Form 10-Q of PPL Corporation (the
  "Company") for the quarter ended September 30, 2002, as filed with the Securities
  and Exchange Commission on the date hereof (the "Covered Report"), I, the principal
  financial officer of the Company, pursuant to 18 U.S.C. § 1350, as adopted pursuant
  to Section 906 of the Sarbanes-Oxley Act of 2002, hereby certify that:

- The Covered Report fully complies with the requirements of Section 13(a)
      or 15(d) of the Securities Exchange Act of 1934, as amended; and
- The information contained in the Covered Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the Company.

IN WITNESS WHEREOF, I have executed this certificate as of this 12th day of
  November, 2002.

| | /s/ John R. BiggarJohn R. Biggar
      Executive Vice President and
      Chief Financial Officer
      PPL Corporation
| | -----------------------------------------------------------------------------------------------------------------------
Exhibit 10.75




	
  

  	
   

  	
  iBasis

  	
   

  	
   

  
	
  iBasis,
  Inc.

  	
   

  	
  20 Second Avenue, Burlington, MA 01803 USA

  	
   

  	
  Confidential

  
	
   

  	
   

  	
  781 505.7500, FAX
  505.7300, ibasis.net

  	
   

  	
   

  






 


July 10, 2002


Dan Powdermaker


Re: “Double Jeopardy’’


Dear Dan:


In the event that iBasis, Inc.
(“Company) terminates your employment without cause or you terminate your
employment for good reason, in either case within six months after the
occurrence of an acquisition or change in control, then the Company will
continue to pay your base salary and provide health benefits for nine months
and your options and restricted stock, if any, shall immediately vest and
become exercisable, and each option shall remain exercisable until the
expiration of the option or until it sooner terminates in accordance with its
terms.




	
  

  	
  Sincerely,

  
	
   

  	
  /s/ Gordon VanderBrug

  
	
   

  	
  Gordon VanderBrug

  
	
   

  	
  Executive Vice President

  






 


cc: Tamah Rosker, Esq.
[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Rules and Regulations]
[Pages 3430-3431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1087]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 6, 14, 18, 48, and 75

RIN 1219-AB59


Flame-Resistant Conveyor Belt, Fire Prevention and Detection, and 
Use of Air from the Belt Entry

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Final rule, corrections.

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

[[Page 3431]]

SUMMARY: This document contains corrections to compliance dates for the 
final rule published in the Federal Register on December 31, 2008 for 
Flame-Resistant Conveyor Belt, Fire Prevention and Detection, and Use 
of Air from the Belt Entry (73 FR 80580). In addition, minor 
typographical errors in the SUPPLEMENTARY INFORMATION section, 
Compliance dates, are also corrected.

DATES: This correction is effective January 21, 2009.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey at 
<a href="/cdn-cgi/l/email-protection#9ceff5f0eaf9e5b2ecfde8eef5fff5fddcf8f3f0b2fbf3ea"><span class="__cf_email__" data-cfemail="b3c0dadfc5d6ca9dc3d2c7c1dad0dad2f3d7dcdf9dd4dcc5">[email protected]</span></a> (E-mail), (202) 693-9440 (Voice), or (202) 693-
9441 (Fax).
    This notice corrects errors contained in the Compliance Date 
section of FR Doc. E8-30639, published on Wednesday, December 31, 2008, 
beginning on page 80580. The following Corrections should be made:
    1. On page 80580, in the first column, the language for item number 
3 is corrected to read:
    ``3. Sec. Sec.  75.380(d)(7), 75.380(f), 75.381(c)(5), and 
75.381(e) by June 30, 2009.''
    2. Additionally, MSHA inadvertently omitted compliance dates for 
four sections of the final rule. Therefore, on the same page, in the 
same column, new item 6 should be added to read as follows:
    ``6. Each mine operator required to use an atmospheric monitoring 
system under Sec.  75.350(b) shall comply with the following sections 
within 60 days after approval of the mine ventilation plan by the 
district manager.
    1. Sec.  75.350(d)(1),
    2. Sec.  75.351(e)(1)(iii),
    3. Sec.  75.351(e)(1)(iv), and
    4. Sec.  75.352(g).''

Richard E. Stickler,
Acting Assistant Secretary for Mine Safety and Health.
 [FR Doc. E9-1087 Filed 1-16-09; 8:45 am]
BILLING CODE 4510-43-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
```

[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Notices]
[Page 1428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00117]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

National Cancer Institute: Notice of Open Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of a meeting of the 
National Cancer Institute Clinical Trials and Translational Research 
Advisory Committee.
    The meeting will be open to the public, with attendance limited to 
space available. Individuals who plan to attend and need special 
assistance, such as sign language interpretation or other reasonable 
accommodations, should notify the Contact Person listed below in 
advance of the meeting.

    Name of Committee: National Cancer Institute Clinical Trials and 
Translational Research Advisory Committee.
    Date: March 4, 2015.
    Time: 9 a.m. to 4 p.m.
    Agenda: Strategic Discussion of NCI's Clinical and Translational 
Research Programs.
    Place: National Institutes of Health, Building 31, C-Wing, 6th 
Floor, Room 10, 31 Center Drive, Bethesda, MD 20892.
    Contact Person: Sheila A. Prindiville, MD, MPH, Director, 
Coordinating Center for Clinical Trials, National Institutes of 
Health, National Cancer Institute, 9609 Medical Center Drive, Room 
6W136, Rockville, MD 20850, 240-276-6173, [email protected].

    Any interested person may file written comments with the 
committee by forwarding the statement to the Contact Person listed 
on this notice. The statement should include the name, address, 
telephone number and when applicable, the business or professional 
affiliation of the interested person.
    Information is also available on the Institute's/Center's home 
page: http://deainfo.nci.nih.gov/advisory/ctac/ctac.htm, where an 
agenda and any additional information for the meeting will be posted 
when available.

(Catalogue of Federal Domestic Assistance Program Nos. 93.392, 
Cancer Construction; 93.393, Cancer Cause and Prevention Research; 
93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer 
Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer 
Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer 
Control, National Institutes of Health, HHS)

    Dated: January 5, 2015.
Melanie J. Gray,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2015-00117 Filed 1-8-15; 8:45 am]
BILLING CODE 4140-01-P
```
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

NEHEEM WILLIAMSON,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 40 EAL 2024

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 15th day of July, 2024, the Petition for Allowance of Appeal is 

DENIED.
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

_________________

NO. 09-17-00004-CV

_________________

IN RE TYRONE GILBERT

________________________________________________________________________

Original Proceeding

60th District Court of Jefferson County, Texas

Trial Cause No. B-197,361

________________________________________________________________________

MEMORANDUM OPINION

Relator Tyrone Gilbert filed a petition for writ of mandamus, in which he 

asks this Court to compel the court coordinator for the 60th District Court to file 

Gilbert’s interrogatories. Gilbert contends the court coordinator has a ministerial 

duty to bring Gilbert’s discovery filings and related motions to the attention of the 

trial court. Gilbert has failed to demonstrate that the exercise of our mandamus 

jurisdiction would be appropriate. See generally Tex. Gov’t Code Ann. § 

22.221(a), (b) (West 2004). Accordingly, we deny relief on the petition for writ of 

mandamus.
2

PETITION DENIED. 

PER CURIAM

Submitted on January 18, 2017

Opinion Delivered January 19, 2017

Before McKeithen, C.J., Kreger and Johnson, JJ.
Exhibit 32.1

 

**Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,**

**18 U.S.C. Section 1350**

 

 

 

I, Tony N. Frudakis, President and Treasurer of Skyview Holdings Corp. (the “Corporation”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, to my knowledge that:

 

1.  the Annual Report on Form 10-K of the Corporation for the year ended December 31, 2008 (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 Corporation.

 

 
|  

**Skyview Holdings Corp.**

 

 

 

 

 

Date: February 18, 2011

By:

/s/ Tony N. Frudakis

 

 

 

Tony N. Frudakis

 

 

 

President and Treasurer

(Principal Executive Officer, Principal Financial Officer, and Principal Accounting Officer)

 

 

 

 

  |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
* Pursuant to Local Rule 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-30278

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CLAYTON JAMES PHILLIPS,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 95-CR-60033-01

- - - - - - - - - -

November 19, 1996

Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.

PER CURIAM:*

Clayton James Phillips appeals his convictions for robbing

two post offices, using and carrying a firearm, and being a felon

in possession of a firearm. He argues that the district court

erred when it granted the Government’s motion to admit extrinsic

evidence of a subsequent post office robbery under Fed. R. Evid.

404(b) and when it denied his motion to suppress an

identification of him during a live lineup. We have reviewed the
No. 96-30278

- 2 -

record and the briefs of the parties and hold that the district

court did not abuse its discretion when it granted the

Government’s motion to use extrinsic evidence and denied

Phillips’s motion to suppress evidence for the reasons set forth

by the district court in support of its ruling at the suppression

hearing. United States v. Phillips, No. 95-CR-60033-01 (W.D. La.

Oct. 13, 1995).

AFFIRMED.
<PAGE> 1

Exhibit 99

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 Diatect International Corporation
(the "Company") on Form 10-QSB for the period ending September 30, 2002 as
filed with the Securities and Exchange Commission on this date (the "Report"),
I, Jay W. Downs, Chief Executive Officer and Chief Financial 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, 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 result of operations of the Company.


/S/ Jay W. Downs

Jay W. Downs
Chief Executive Officer and Chief Financial Officer
October 23, 2002
#### The People of the State of New York, Respondent, v Rashawn Chapple, Appellant.

[973 NYS2d 80]

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Robert Stolz, J.), rendered on or about June 15, 2011, said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive, it is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed. Concur— Acosta, J.E, Saxe, Renwick, DeGrasse and Richter, JJ.
CERTIFICATE 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 Yearly Report of AVVAA World Health Care Products, Inc. (the “Company”) on Form 10-KSB for the year ended May 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Charles Austin, Chief Financial 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; and

 

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

 

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.

 

*/s/ Charles Austin*
| Name: | Charles Austin |
|-------|----------------|

Title:  Chief Financial Officer

 
| Date: | September 13, 2005 |
|-------|--------------------|