alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Charles W. Mulloy, Appellant, v Lucie Benito-Berse, Respondent.

[974 NYS2d 366]

Order, Supreme Court, New York County (Lori S. Sattler, J.), entered July 5, 2012, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff alleges that, to induce him to enter the separation agreement, defendant represented to him that she would need maintenance to pay for an apartment for herself while she looked for full-time employment. He claims that this representation was false, and that defendant knew of its falsity at the time of the negotiations and execution of the agreement. He alleges that defendant was not required to pay rent, was supported financially, and had no need of maintenance.

The separation agreement does not set forth the reason plaintiff agreed to make a lump sum maintenance payment to defendant, although it states that the payment “shall be made as part of, not in addition to, the distribution” of certain brokerage accounts held by the parties. We find, however, that plaintiffs allegation of fraud is belied by his own acknowledgment that the terms of the separation agreement, as communicated by his own independent legal counsel, were fair and reasonable, and his acknowledgment that no representation had been made by either party except as expressed in the agreement. Plaintiff waived his right to full financial disclosure, which included information about assets, income and expenses, which may have revealed whether defendant actually needed the money for an apartment. Having failed to make use of the means he possessed to discover whether defendant needed the lump sum payment for an apartment, plaintiff cannot claim *650that he justifiably relied on her alleged misrepresentations *(see Stuart Silver Assoc. v Baco Dev. Corp.,*245 AD2d 96, 98-99 [1st Dept 1997]; *Havell Capital Enhanced Mun. Income Fund, L.P. v Citibank, N.A.,*84 AD3d 588, 589 [1st Dept 2011]).

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Mazzarelli, J.P., Renwick, DeGrasse, Feinman and Gische, JJ.
Exhibit 31.2





CERTIFICATION OF CHIEF FINANCIAL OFFICER





I, Sajid Malhotra, certify that:





1.I have reviewed this Amendment No. 1 to Annual Report on Form 10-K of Limelight Networks, Inc.; and





2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.








Date: February 21, 2017 /s/ Sajid Malhotra


Sajid Malhotra, Chief Financial Officer


(Principal Financial Officer)
##### 



UNITED
STATESSECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 FORM 8-K
 CURRENT REPORT
 Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
 Date of Report (Date of earliest event reported)
    
    AUGUST 26, 2005
 NORTEL NETWORKS LIMITED
  CANADA
    
    000-30758
    
    62-12-62580(State or other jurisdiction
of incorporation)
    
    (Commission
File Number)
    
    (IRS Employer
Identification No.)
 8200 DIXIE ROAD, SUITE 100, BRAMPTON, ONTARIO, CANADA
    
    L6T 5P6(Address of principal executive offices)
    
    (Zip Code)
 Registrants telephone number, including area code
    
    905-863-0000
 
  o
    
    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)o
    
    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)o
    
    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))o
    
    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))




---



##### 



Item 1.01 Entry into a Material Definitive Agreement
       Item 9.01 Financial Statements and Exhibits
  99.1
    
    Third Amending Agreement to Asset Purchase Agreement between
Nortel Networks Limited, Flextronics
International Ltd., and Flextronics Telecom Systems Ltd., made as of August 22, 2005.




---



##### 



SIGNATURES
  NORTEL NETWORKS LIMITEDBy:
    /s/ Gordon A. DaviesGordon A. DaviesAssistant General Counsel  Securities
and Corporate Secretary By:
    /s/ Anna VentrescaAnna VentrescaAssistant Secretary




---



##### 



EXHIBIT INDEX
 Exhibit No.
    
    Description99.1
    
    

Third
Amending Agreement to Asset Purchase Agreement between Nortel Networks Limited,
Flextronics International Ltd., and Flextronics Telecom Systems Ltd., made as of August
22, 2005.
<PAGE>
================================================================================

                                    FORM 6-K
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549


                        Report of Foreign Private Issuer


                        PURSUANT TO RULE 13a-16 OR 15d-16
                     OF THE SECURITIES EXCHANGE ACT OF 1934

                                  July 5, 2005

                         Commission File Number: 0-22346


                                 HOLLINGER INC.
                 (Translation of registrant's name into English)

                                10 TORONTO STREET
                            TORONTO, ONTARIO M5C 2B7
                                     CANADA
                    (Address of principal executive offices)

     Indicate by check mark whether the registrant files or will file annual
reports under cover Form 20-F or Form 40-F.

                         Form 20-F [X]   Form 40-F [ ]

     Indicate by check mark if the registrant is submitting the Form 6-K in
paper as permitted by Regulation S-T Rule 101(b)(1): _________________

     Indicate by check mark if the registrant is submitting the Form 6-K in
paper as permitted by Regulation S-T Rule 101(b)(7): _________________

     Indicate by check mark whether by furnishing the information contained in
this Form, the registrant is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

                               Yes [ ]   No [X]

     If "Yes" is marked, indicate below the file number assigned to the
registrant in connection with Rule 12g3-2(b): 82-____________


================================================================================

<PAGE>

                                  EXHIBIT LIST

<TABLE>
<CAPTION>
Exhibit      Description
-------      -----------
<C>          <S>
99.1         Press Release, dated June 30, 2005, regarding Hollinger Inc.
             Status Update.
</TABLE>



<PAGE>
                                   SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.


Date:  July 5, 2005

                                HOLLINGER INC.


                                By    /s/  Robert J. Metcalfe
                                   ---------------------------------------------
                                   Name:   Robert J. Metcalfe
                                   Title:  Executive Vice President,
                                           Chief Operating Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-7224

THOMAS P. VITRANO,

Petitioner - Appellant,

v.

JENNIFER SAAD, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, 

at Clarksburg. Irene M. Keeley, District Judge. (1:15-cv-00220-IMK-JES)

Submitted: April 17, 2017 Decided: April 26, 2017

Before MOTZ, KEENAN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Thomas P. Vitrano, Appellant Pro Se. Helen Campbell Altmeyer, Erin Carter Tison, 

Assistant United States Attorneys, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Thomas P. Vitrano, a federal prisoner, appeals the district court’s order accepting 

the magistrate judge’s finding that Vitrano failed to exhaust administrative remedies 

before filing his 28 U.S.C. § 2241 (2012) petition, concluding that waiving the 

exhaustion requirement served the interest of judicial economy, and denying relief on the 

merits. We have reviewed the record and find no reversible error. Accordingly, we grant 

leave to proceed in forma pauperis and affirm for the reasons stated by the district court. 

Vitrano v. Saad, No. 1:15-cv-00220-IMK-JES (N.D. W. Va. Aug. 31, 2016). We deny 

Vitrano’s motion for transcript at government expense. We dispense with oral argument 

because the facts and legal contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

AFFIRMED
#### In the Matter of Daniel S. Reo, Appellant, v Village of Lawrence et al., Respondents.

[962 NYS2d 689]

In a proceeding pursuant to CPLR article 78, inter alia, to compel the Village of Lawrence and the Nassau County Civil Service Commission to reinstate the petitioner to his employment, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Brandveen, J), entered October 3, 2011, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with one bill of costs.

*856The petitioner, an employee of the Village of Lawrence since 2004, held two approved Civil Service titles. He held the title of laborer from 2004 until 2007, when he became a sewer plant attendant. He held the title of sewer plant attendant from 2007 until 2009, when he attempted to assume his former position as laborer. In 2009, because his position of laborer was now a new position, the Village was required to secure approval of that position from the Nassau County Civil Service Commission (hereinafter the Commission) pursuant to Civil Service Law § 22. In a letter dated December 6, 2010, the Commission demanded assurances from the Village before granting approval that the petitioner would only be performing duties appropriate for the laborer title. The Village decided not to give those assurances to the Commission, and terminated the petitioner’s employment on January 7, 2011. On April 15, 2011, the petitioner commenced this proceeding, inter alia, to compel his reinstatement. The Supreme Court denied the petition and dismissed the proceeding.

The petitioner’s challenges to the validity of his resignations in 2007 and 2009 were barred by the four-month statute of limitations applicable to proceedings pursuant to CPLR article 78 *{see Matter of Lewis v State Univ. of N.Y. Downstate Med. Ctr.,*35 AD3d 862, 863 [2006]; *Matter of Sangermano v Board of Coop. Educ. Servs. of Nassau County,*279 AD2d 582 [2001]; *Matter of Hanslmaier v Wehr,*199 AD2d 754 [1993]). Further, the termination of the petitioner’s employment in the new position of laborer was not arbitrary and capricious or affected by an error of law *{see*Civil Service Law §§ 22, 61 [2]).

The petitioner’s remaining contentions are without merit or need not be addressed in light of our determination.

Balkin, J.E, Leventhal, Roman and Hinds-Radix, JJ., concur.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3750 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3750

 To suspend temporarily the duty on certain printed circuit assemblies 
            for measuring equipment for telecommunications.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                July 27 (legislative day, July 26), 2006

Mrs. Feinstein introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To suspend temporarily the duty on certain printed circuit assemblies 
            for measuring equipment for telecommunications.

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

SECTION 1. CERTAIN PRINTED CIRCUIT ASSEMBLIES.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``      9902.90.30        Printed circuit         Free      No change       No change       On or before 12/
                           assemblies for                                                    31/2009          ''
                           instruments and                                                                     .
                           apparatus for
                           measuring or checking
                           electrical
                           quantities, specially
                           designed for
                           telecommunications
                           (provided for in
                           subheading
                           9030.90.68)..........

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
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

The certification set forth below is hereby made solely for the
purpose of satisfying the requirements of Section 906 of the
Sarbanes-Oxley Act of 2002 and may not be relied upon or used
for any other purposes.

In connection with the Quarterly Report of Access
Pharmaceuticals, Inc. (the "Company") on Form 10-Q for the
period ended June 30, 2006, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I,
Stephen B. Thompson, Chief Financial Officer certify pursuant
to 18 U.S.C. 1350, as adopted pursuant to Section 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 and (2) the information
contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of
the Company.

A signed original of this written statement required by Section
906 or other document authenticating, acknowledging or
otherwise adopting the signature that appears in typed form
within the electronic version 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.

Signed at the City of  Dallas, in the State of Texas, this 21st
day of August, 2006.

/s/ Stephen B. Thompson
-----------------------
Stephen B. Thompson
Chief Financial Officer
<PAGE>
                                    FORM 6-K
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549


                        Report of Foreign Private Issuer


                        PURSUANT TO RULE 13a-16 OR 15d-16
                     OF THE SECURITIES EXCHANGE ACT OF 1934

                                  June 30, 2004

                         Commission File Number: 0-22346


                                 HOLLINGER INC.
                 (Translation of registrant's name into English)

                                10 TORONTO STREET
                            TORONTO, ONTARIO M5C 2B7
                                     CANADA
                    (Address of principal executive offices)

Indicate by check mark whether the registrant files or will file annual reports
under cover Form 20-F or Form 40-F.

                       Form 20-F [X]     Form 40-F [ ]


Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(1): ___________________

Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(7): ___________________

Indicate by check mark whether by furnishing the information contained in this
Form, the registrant is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

                            Yes [ ]     No [X]

If "Yes" is marked, indicate below the file number assigned to the registrant
in connection with Rule 12g3-2(b): 82- ___________________



<PAGE>



                                  EXHIBIT LIST



<TABLE>
<CAPTION>

Exhibit            Description
-------            -----------
<S>                <C>
 99.1              Press Release, dated June 29, 2004 regarding Hollinger Inc.
                   Provides Status Update.


</TABLE>



<PAGE>

                                   SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.

Date:  June 30, 2004


                                     HOLLINGER INC.

                                     By /s/ Peter G. White
                                        --------------------------------------
                                        Name: Peter G. White
                                        Title: Co-Chief Operating Officer and
                                               Secretary
664 A.2d 496

#### IN THE MATTER OF HENRY J. WILEWSKI, AN ATTORNEY AT LAW.

September 29, 1995.

ORDER

The Disciplinary Review Board having filed a report with the Court on June 8, 1995, recommending that HENRY J. WILEW*469SKI of JERSEY CITY, who was admitted to the bar of this State in 1963, be disbarred for violating *RPC*8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation) by knowingly misusing funds that were erroneously credited to his trust account by his bank, and for violating the recordkeeping requirements of *Rule*1:21-6 and *RPC*1.15;

And the Court having heard argument in the matter;

And good cause appearing;

It is ORDERED that the report and recommendation of the Disciplinary Review Board are adopted and HENRY J. WILEWSKI is hereby disbarred, effective as of the filing date of this Order; and it is further

ORDERED that respondent’s name be stricken from the roll of attorneys of this State; and it is further

ORDERED that HENRY J. WILEWSKI be and hereby is permanently restrained and enjoined from practicing law; and it is further

ORDERED that all funds, if any, currently existing in any New Jersey financial institution maintained by HENRY J. WILEWSKI, pursuant to *Rule*1:21-6, be restrained from disbursement except on application to this Court, for good cause shown, and shall be transferred by the financial institution to the Clerk of the Superior Court who is directed to deposit the funds in the Superior Court Trust Fund, pending further Order of this Court; and it is further

ORDERED that HENRY J. WILEWSKI comply with *Rule*1:20-20 dealing with disbarred attorneys; and it is further

ORDERED that HENRY J. WILEWSKI reimburse the Disciplinary Oversight Committee for appropriate administrative costs.
<PAGE>


                                 HOLLINGER INC.

     Toronto, Ontario, Canada, March 24, 2005 - Hollinger Inc. ("Hollinger")
(TSX: HLG.C; HLG.PR.B) announced today that, in connection with the proposed
share consolidation going private transaction (the "Going Private Transaction")
involving Hollinger, it will, on Tuesday, March 29, 2005, be seeking an order of
the Ontario Superior Court of Justice approving the formation of the CCPR Trust
(as such term is defined in Hollinger's management proxy circular (the
"Circular") dated March 4, 2005 for use at the special meeting of shareholders
(the "Special Meeting") to be held on Thursday, March 31, 2005). The issuance of
such Court order is a condition to the completion of the Going Private
Transaction.

     Catalyst Fund General Partner I Inc. has brought a motion before the
Ontario Superior Court of Justice, to be heard on the same day, seeking to
enjoin the holding of the Special Meeting.

     Hollinger wishes to confirm that, in the event that the Going Private
Transaction is effected, the Independent Privatization Committee of the Board
will remain in place to supervise and direct the independent valuator conducting
the updated valuation referred to in the Circular until its completion and
former holders of Hollinger's retractable common shares are paid any additional
amount per share.

Company Background

     Hollinger's principal asset is its interest in Hollinger International Inc.
which is a newspaper publisher, the assets of which include the Chicago
Sun-Times, a large number of community newspapers in the Chicago area and a
portfolio of news media investments. Hollinger also owns a portfolio of
revenue-producing and other commercial real estate in Canada, including its head
office building located at 10 Toronto Street, Toronto, Ontario.

Media contact:
Larry Parnell
Hill & Knowlton
416-413-4623
larry.parnell@hillandknowlton.ca


                              www.hollingerinc.com
<PAGE>


                                    FORM 6-K
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549


                        Report of Foreign Private Issuer


                        PURSUANT TO RULE 13a-16 OR 15d-16
                     OF THE SECURITIES EXCHANGE ACT OF 1934

                                  March 9, 2005

                         Commission File Number: 0-22346

                                 HOLLINGER INC.
                 (Translation of registrant's name into English)

                                10 TORONTO STREET
                            TORONTO, ONTARIO M5C 2B7
                                     CANADA
                    (Address of principal executive offices)


Indicate by check mark whether the registrant files or will file annual reports
                      under cover Form 20-F or Form 40-F.

                        Form 20-F [X]   Form 40-F [ ]


  Indicate by check mark if the registrant is submitting the Form 6-K in paper
              as permitted by Regulation S-T Rule 101(b)(1): _______


  Indicate by check mark if the registrant is submitting the Form 6-K in paper
             as permitted by Regulation S-T Rule 101(b)(7): _______

 Indicate by check mark whether by furnishing the information contained in this
     Form, the registrant is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

                               Yes [ ]   No [X]

 If "Yes" is marked, indicate below the file number assigned to the registrant
               in connection with Rule 12g3-2(b): 82- ___________


<PAGE>


                                  EXHIBIT LIST



<TABLE>
<CAPTION>

Exhibit                  Description
-------                  -----------
<S>                      <C>
99.1                     Press Release, dated March 8, 2005, regarding Hollinger
                         Inc. Status Update.
</TABLE>



<PAGE>

                                   SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.

Date:  March 9, 2005

                                     HOLLINGER INC.

                                     By /s/ Peter G. White
                                        ---------------------------------
                                        Name:  Peter G. White
                                        Title: Vice President, Operations
                                               and Secretary