alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Notices]
[Pages 22561-22562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11005]


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

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 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: National Library of Medicine Special Emphasis 
Panel; Competitive Revision.
    Date: June 12, 2009.
    Time: 9 a.m. to 4 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Library of Medicine, Building 38, Board Room, 
2nd Floor, 8600 Rockville Pike, Bethesda, MD 20892.
    Contact Person: Arthur A. Petrosian, Scientific Review 
Administrator, Division of Extramural Programs, National Library of 
Medicine, 6705 Rockledge Drive, Suite 301, Bethesda, MD 20892-7968, 
301-496-4253, <a href="/cdn-cgi/l/email-protection#13637667617c607a72537e727a7f3d7d7a7b3d747c65"><span class="__cf_email__" data-cfemail="ff8f9a8b8d908c969ebf929e9693d1919697d1989089">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.701, ARRA 
Related Biomedical Research and Research Support Awards, National 
Institutes of Health, HHS)


[[Page 22562]]


    Dated: May 5, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-11005 Filed 5-12-09; 8:45 am]
BILLING CODE 4140-01-M


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Exhibit 32.2

CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

Inconnection with the amended annual report of Veracity Management Global, Inc. (the“Company”) on Form 10-KSB/A for the year ended June 30, 2007 (the“Report”), as filed with the Securities and Exchange Commission on the datehereof, I, Richard Grassano, CFO of the Company, certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

1. TheReport fully complies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

2. Theinformation contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

/s/ Richard Grassano

Richard GrassanoCFODated: December 3, 2007

A signed original of this writtenstatement required by Section 906 has been provided to Veracity Management Global, Inc.and will be retained by the Company and furnished to the Securities and ExchangeCommission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This summary contains summary financial information extracted from Cash Plus V
Financial Statements for the nine months ended September 30, 1997 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       1,296,259
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                88,344
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               1,384,603
<CURRENT-LIABILITIES>                          216,605
<BONDS>                                      1,167,998<F1>
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 1,384,603
<SALES>                                              0
<TOTAL-REVENUES>                               717,288<F2>
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               858,280<F3>
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             251,967
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              2,389,007<F4>
<CHANGES>                                            0
<NET-INCOME>                                 1,995,347<F5>
<EPS-PRIMARY>                                        0<F5>
<EPS-DILUTED>                                        0<F5>
<FN>
<F1>Represents note payable to an affiliate.
<F2>Includes all revenue of the Partnership.
<F3>Includes operating expenses of $424,358 Real Estate Taxes of $202,727 and
depreciation and amortization of $231,896.
<F4>Represents a gain on the sale of property of $1,571,927 and extinguishment of
debt of $817,080.
<F5>Net income allocated $1,286,475 to General Partners and $708,872 to Limited
Partners.
</FN>
        

</TABLE>
#### Lettie Whelton, Respondent, v Dayton Beach Park No. 1 Corp., Defendant, and Network Infrastructure, Inc., et al., Appellants.

[973 NYS2d 577]

*988In an action to recover damages for personal injuries, the defendants Network Infrastructure, Inc., National Grid USA Service Company, Inc., also known as National Grid USA, and Keyspan Gas East Corporation, doing business as Keyspan Energy Delivery Long Island, also known as Keyspan Corporation, appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Kramer, J.), dated March 2, 2012, as denied that branch of their motion which was to transfer venue of this action from Kings County to Nassau County.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, that branch of the motion of the defendants Network Infrastructure, Inc., National Grid USA Service Company, Inc., also known as National Grid USA, and Keyspan Gas East Corporation, doing business as Keyspan Energy Delivery Long Island, also known as Keyspan Corporation, which was to transfer venue of this action from Kings County to Nassau County is granted, and the Clerk of the Supreme Court, Kings County, is directed to deliver to the Clerk of the Supreme Court, Nassau County, all papers filed in this action and certified copies of all minutes and entries (see CPLR 511 [d]).

In light of, inter alia, the Supreme Court’s determination to award summary judgment dismissing the complaint insofar as asserted against the only party in this action whose presence supported venue in Kings County (see CPLR 503 [a], [c]), its denial of that branch of the appellants’ motion which was to transfer venue of this action from Kings County to Nassau County constituted an improvident exercise of discretion (see *Bonilla v Tishman Interiors Corp.,*100 AD3d 673, 674 [2012]; *Messiha v Staten Is. Univ. Hosp.,*77 AD3d 894, 895 [2010]; *Canaan v Costco Wholesale Membership, Inc.,*49 AD3d 583, 585 [2008]; *Clase v Sidoti,*20 AD3d 330, 331 [2005]; *Xiu Mei Cheng Chow v Long Is. R.R.,*202 AD2d 154, 155 [1994]). Skelos, J.P., Dickerson, Hall and Miller, JJ., concur.
1st Amendment to Agreement of Sale and Purchase


 Exhibit 10.2 
  
 FIRST AMENDMENT TO 
 AGREEMENT OF SALE AND PURCHASE 
  
 THIS FIRST AMENDMENT TO AGREEMENT OF
SALE AND PURCHASE (this “Agreement”) is made and entered into as of June     , 2004, by and between WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, having an address at 225 Water
Street, 8th Floor, Jacksonville, Florida 32202 (“Seller”), and FIRST STATES INVESTORS 3300, LLC, a Delaware limited liability company having an address c/o First States Group, L.P., at 1725 The Fairway, Jenkintown, Pennsylvania
19046 (“Purchaser”). 
  
 BACKGROUND

  
 WHEREAS, Seller and Purchaser entered into an Agreement of
Sale and Purchase dated as May 10, 2004 with respect to the Properties identified therein; and 
  
 WHEREAS, Seller and Purchaser wish to amend the Purchase Agreement in the manner hereinafter set forth; 
  
 NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Seller and Purchaser hereby agree as follows: 
  

	1.	Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Purchase Agreement. 

  

	2.	Modification of Purchase Agreement. 

  

	 	(a)	The Property Information Schedule is hereby modified by deleting $18,192,133 as the Initial Estimated Purchase Price for West End Center (PID # 506281; located at 809 West 4 1/2 Street, Winston-Salem, North Carolina) and replacing it with the following: $18,282,109.


  

	 	(b)	Section 18(f) of the Purchase Agreement is hereby modified by deleting the fourth sentence only therefrom and replacing it with the following: 

  
 “If Seller, for any reason whatsoever, is unable to obtain either (i)
a Letter of Non-Applicability for any Property located in the State of New Jersey or (ii) provide Purchaser with reasonable evidence that the NJDEP will not process the application for a Letter of Non-Applicability because the conveyance of the
Property to Purchaser is not within the scope of ISRA, Seller shall, on or before Seller’s Election Date, terminate this Agreement as to such Property, whereupon such Property shall constitute a “Removed Property”.”








	3.	General. 

  

	 	(a)	The Purchase Agreement, as modified hereby, remains in full and effect and is hereby ratified in all respects. 

  

	 	(b)	This Agreement may be executed in counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute but one and the same agreement.
This Agreement may be executed by facsimile. 

  
 IN
WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have executed this Agreement as of the date first written above. 
  

			
	SELLER
	
	WACHOVIA BANK, NATIONAL ASSOCIATION
		
	By:	 	  


	 	 	Neil C. King, Senior Vice President
	
	PURCHASER
	
	FIRST STATES INVESTORS 3300, LLC
		
	By:	 	  


	 	 	Glenn Blumenthal, Vice President
#### The People of the State of New York, Respondent, v Rodney Dingle, Appellant.

[964 NYS2d 55]

—An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Ronald Zweibel, J.), rendered on or about October 14, 2010, 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— Mazzarelli, J.E, Moskowitz, DeGrasse, Feinman and Clark, JJ.
#### Belen PARRA-ALTAMIRANO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 05-73977.

United States Court of Appeals, Ninth Circuit.

Submitted May 12, 2009.*

Filed May 27, 2009.

Philippe Dwelshauvers, Esq., Fresno, CA, for Petitioner.

Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Jamie M. Dowd, Esq., U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: PREGERSON, CANBY, and BERZON, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

*635MEMORANDUM **

Belen Parra-AItamirano, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) order finding Parra-Altamirano removable as an aggravated felon. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo claims of due process violations, *Sandoval-Luna v. Mukasey,*526 F.3d 1243, 1246 (9th Cir.2008) (per curiam), and we deny the petition for review.

We reject Parra-Altamirano’s contention that the IJ violated due process by denying a continuance because her proceedings were not “so fundamentally unfair that [she] was prevented from reasonably presenting [her] case.” *Colmenar v. INS,*210 F.3d 967, 971 (9th Cir.2000) (internal quotation marks and citation omitted); *see also Grageda v. INS,*12 F.3d 919, 921 (9th Cir.1993) (IJ properly denied motion to continue because pending collateral attack did not affect finality of conviction). Moreover, Parra-AItamirano failed to demonstrate prejudice. *See Colmenar,*210 F.3d at 971.

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          17,780
<SECURITIES>                                   116,250
<RECEIVABLES>                                   18,854
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               152,884
<PP&E>                                       2,140,852
<DEPRECIATION>                                 876,150
<TOTAL-ASSETS>                               1,418,495
<CURRENT-LIABILITIES>                          432,211
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       905,043
<OTHER-SE>                                    (37,519)
<TOTAL-LIABILITY-AND-EQUITY>                 1,418,495
<SALES>                                         22,214
<TOTAL-REVENUES>                                22,214
<CGS>                                           27,828
<TOTAL-COSTS>                                  204,673
<OTHER-EXPENSES>                                 4,698
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,288
<INCOME-PRETAX>                              (190,445)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (190,445)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (190,445)
<EPS-BASIC>                                      (.01)
<EPS-DILUTED>                                        0


</TABLE>
Exhibit 31.1

                                  CERTIFICATION

I, Mike P. Kurtanjek, certify that:

I have reviewed this annual report on Form 10-KSB of Avro Energy Inc.;

1. 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;

2.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information  included  in this annual  report,  fairly  present in all  material
respects the financial  condition,  results of operations  and cash flows of the
issuer as of, and for, the periods presented in this report;

3. The issuer's other certifying  officer and I are responsible for establishing
and maintaining  disclosure  controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the issuer and have:

4. (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  issuer,   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) Evaluated the  effectiveness  of the issuer'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

     (c)  Disclosed in this report any change in the issuer's  internal  control
over financial  reporting that occurred  during the period covered by the annual
report that has  materially  affected,  or is  reasonably  likely to  materially
affect, the issuer's internal control over financial reporting; and

5. The issuer's other certifying  officer(s) and I have disclosed,  based on our
most recent  evaluation of internal  control over  financial  reporting,  to the
issuer's auditors and the audit committee of the issuer's board of directors (or
persons performing the equivalent functions):

     (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 issuer'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 issuer's  internal  control over
financial reporting.


                                       By: s/ Mike Kurtanjek
                                           -------------------------------------
                                           Mike P. Kurtanjek
                                           President and Chief Executive Officer
Date: March 31, 2008
Motion seeking recusal denied.

#### The People of the State of New York, Respondent, v Alonzo England, Appellant.

[963 NYS2d 248]

—Judgment, Supreme Court, New York County (Daniel P. Conviser, J.), rendered June 23, 2009, convicting defendant, after a jury trial, of assault in the second degree and aggravated criminal contempt, and sentencing him to concurrent terms of one year, unanimously affirmed.

The verdict was not against the weight of the evidence *(see People v Danielson,*9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations, including its evaluation of the victim’s background and the fact that she had given conflicting versions of a prior incident between her and defendant.

Defendant’s challenges to the prosecutor’s summation are unpreserved *(see People v Romero,*7 NY3d 911, 912 [2006]), and we decline to review them in the interest of justice. As an alternative holding, we find that the challenged remarks generally constituted permissible responses to defense arguments, and that there was nothing sufficiently egregious to warrant reversal *(see People v Overlee,*236 AD2d 133 [1st Dept 1997], *lv denied*91 NY2d 976 [1998]; *People v D’Alessandro,*184 AD2d 114, 118-119 [1st Dept 1992], *lv denied*81 NY2d 884 [1993]). To the extent defendant’s postsummations mistrial motion could be viewed as preserving any issues *{but see Romero,*7 NY3d at 912), we find that the court properly exercised its discretion in denying the motion.

Concur—Gonzalez, P.J., Mazzarelli, Moskowitz, Renwick and Manzanet-Daniels, JJ.
Exhibit 31.1

Rule 13a-14(a)/15d-14(a) Certification

I, Joseph J. Bouffard, certify that:

1. I have reviewed this Annual Report on Form 10-K of BCSB Bancorp, Inc.;

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;

3. Based on my knowledge, the financial
statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4. The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

(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) 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

(c) 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

5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of
internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):

(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.



|                        |  |  |  |                                      
|----------------------- |  |  |  | -------------------------------------
|Date: December 28, 2007 |  |  |  | /s/ Joseph J. Bouffard               
|                        |  |  |  | Joseph J. Bouffard                   
|                        |  |  |  | President and Chief Executive Officer
|                        |  |  |  | (Principal Executive Officer)