alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Westchester Medical Center, as Assignee of Diedre Walsh, Appellant, v Hartford Casualty Insurance Company et al., Respondents.

[872 NYS2d 196]

In an action to recover no-fault insurance benefits, the plaintiff appeals from an order of the Supreme Court, Nassau County (Martin, J.), dated August 5, 2008, which granted the defendants’ motion, inter alia, to vacate a judgment of the same court entered April 10, 2008, upon the defendants’ default in appearing and answering the complaint, in favor of the plaintiff and against the defendants in the principal sum of $16,571.91.

Ordered that the order is affirmed, with costs.

A defendant seeking to vacate a judgment entered upon its default in appearing and answering the complaint must demonstrate a reasonable excuse for its delay in appearing and answering, as well as a meritorious defense to the action *(see*CFLR 5015 [a] [1]; *Verde Elec. Corp. v Federal Ins. Co.,*50 AD3d 672, 672-673 [2008]). Here, the defendants established that their employee reasonably believed that the action had been discontinued after she advised the plaintiffs counsel’s office that no-fault benefits had been exhausted, thereby demonstrating a reasonable excuse for the short period of time in which they failed either to appear or to answer the complaint *(see New York Univ.*
      *833
      *Hosp. Tisch Inst. v Merchants Mut. Ins. Co.,*15 AD3d 554, 554-555 [2005]). In addition, the defendants established that the policy limits had been partially exhausted through the payment of claims for prior services *(see*11 NYCRR 65-3.15; *Nyack Hosp. v General Motors Acceptance Corp.,*8 NY3d 294, 301 [2007]; *Montefiore Med. Ctr. v Government Empls. Ins. Co.,*34 AD3d 771, 772 [2006]; *New York & Presbyt. Hosp. v Allstate Ins. Co.,*28 AD3d 528, 528-529 [2006]), thereby demonstrating the existence of a potentially meritorious defense to the action. Finally, the plaintiff did not demonstrate prejudice from the defendants’ relatively short delay in appearing and answering, and public policy favors the resolution of cases on the merits *(see Verde Elec. Corp. v Federal Ins. Co.,*50 AD3d at 673). Under these circumstances, the Supreme Court providently exercised its discretion in granting that branch of the defendants’ motion which was to vacate the judgment *(see St. Vincent’s Hosp. & Med. Ctr. v Allstate Ins. Co.,*42 AD3d 525 [2007]; *New York & Presbyt. Hosp. v American Home Assur. Co.,*28 AD3d 442, 443 [2006]; *New York Univ. Hosp. Tisch Inst. v Merchants Mut. Ins. Co.,*15 AD3d at 555; *cf. New York Univ. Hosp. Rusk Inst. v Illinois Natl. Ins. Co.,*31 AD3d 511 [2006]).

The plaintiff’s remaining contentions are without merit. Spolzino, J.E, Covello, McCarthy and Belen, JJ., concur.
[Federal Register Volume 74, Number 90 (Tuesday, May 12, 2009)]
[Notices]
[Page 22189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11031]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>11716 and <greek-i>11717]


Florida Disaster Number FL-00039

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 1.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for Public Assistance Only for the State of Florida 
(FEMA-1831-DR), dated 04/21/2009.
    Incident: Severe Storms, Flooding, Tornadoes, and Straight-line 
Winds.
    Incident Period: 03/26/2009 and continuing.
    Effective Date: 05/01/2009.
    Physical Loan Application Deadline Date: 06/22/2009.
    Economic Injury (EIDL) Loan Application Deadline Date: 01/21/2010.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the President's major disaster 
declaration for Private Non-Profit organizations in the State of 
Florida, dated 04/21/2009, is hereby amended to include the following 
areas as adversely affected by the disaster.

Primary Counties: Escambia,
    Franklin, Gadsden, Hamilton, Leon, Madison, Wakulla.

    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. E9-11031 Filed 5-11-09; 8:45 am]
BILLING CODE 8025-01-P
#### Bagwell *v.*The Town of Lawrenceville.

1. The phrase, “An act to amend the several acts incorporating the Town of Lawrenceville,” is sufficiently descriptive of thelawto be amended, the amending act not undertaking to expressly repeal or modify any of the provisions contained in the acts incorporating the Town of Lawrenceville, but only adding affirmative legislation which might have been constitutionally enacted without making any reference whatever to existing laws touching that town, the sole repealing clause in the act being the usual general clause repealing all conflicting laws and parts of laws. The descriptive phrase being set out in the title of the act, it was unnecessary to repeat it in the body of the same.

2. A statutory power conferred upon a municipal corporation, *“ to*protect the health, property and person of the citizens of the town, and to preserve peace and good order therein,” and “to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations, not contrary to the constitution and laws of this State, and to prescribe, impose and enact reasonable fines and penalties, etc.,” is comprehensive enough and specific enough to enable the corporation to pass and enforce an ordinance prohibiting any person from keeping a “ blind tiger,” or keeping for sale, barter or exchange any vinous, spirituous or malt liquors within the corporate limits óf the town, there being no law of the State which prohibits or makes penal the acts to which the ordinance applies, and it not appearing that the county in which the town is situate is one in which liquors could lawfully be sold with or without license. It is legitimately within the scope of general police powers to inhibit the keeping of intoxicating liquors for illegal sale, or the keeping of places for conducting such sales.

July 30, 1894.

*Judgment affirmed.*

*Certiorari.*Before Judge Hutchins. Gwinnett superior court. September term, 1893.

Bagwell was convicted in tbe mayor’s court of Lawrenceville for violating tbe ordinance described in the second head-note; which conviction was sustained on *certiorari.*He contended that the charter of the town conferred no power to enact such legislation (see Acts *6551882-88, p. 356); also, that the act just cited is violative of the constitutional provisions found in the code, §§5076, 5067.

C. H. Brand, for plaintiff in error.
|Exhibit 32.1
|------------



|CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
|-------------------------------------------------------------------------------------------------------------------

In connection with the Quarterly Report of Global Gold Corporation (the "Company") on Form 10-Q for the period ending June 30, 2008 as filed with the Securities and Exchange Commission (the "Report"), I, Van Z. Krikorian, the 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 as amended; and

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

Date: August 14, 2008
     
     /s/ Van Z. KrikorianVan. Z. KrikorianChairman and Chief Executive Officer


---
Order entered October 28, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00635-CR

No. 05-13-01385-CR

No. 05-13-01386-CR

DAARON BUYCKS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 195th Judicial District Court

Dallas County, Texas

Trial Court Cause Nos. F12-35389-N, F12-33600-N, F12-34766-N

ORDER

The Court GRANTS appellant’s October 25, 2013 motion to set the briefing schedule as 

follows:

We ORDER the Dallas County District Clerk to file, by NOVEMBER 12, 2013, the 

clerk’s records for trial court nos. F12-33600-N (05-13-01385-CR) and F12-34766-N (05-13-

01386-CR).

We ORDER appellant to file his brief in all three of these appeals by DECEMBER 16, 

2013.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to Gary 

Fitzsimmons, Dallas County District Clerk; the Dallas County District Clerk’s Office, Criminal 

Records Division; and to counsel for all parties.

/s/ LANA MYERS 

JUSTICE
[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Notices]
[Page 22901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11347]


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

DEPARTMENT OF DEFENSE

Department of the Air Force

[Docket ID: USAF-2009-0031]


Privacy Act of 1974; System of Records

AGENCY: Department of the Air Force, DoD.

ACTION: Notice to delete a system of records.

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

SUMMARY: The Department of Air Force is deleting a system of records 
notice from its inventory of record systems subject to the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended.

DATES: The proposed action will be effective on June 15, 2009 unless 
comments are received that would result in a contrary determination.

ADDRESSES: Send comments to the Air Force Privacy Act Officer, Office 
of Warfighting Integration and Chief Information Officer, SAF/XCISI, 
1800 Air Force Pentagon, Suite 220, Washington, DC 20330-1800.

FOR FURTHER INFORMATION CONTACT: Mr. Ben Swilley, 703-696-6172.

SUPPLEMENTARY INFORMATION: The Department of the Air Force system of 
records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as 
amended, have been published in the Federal Register and are available 
from the address above.
    The Department of the Air Force proposes to delete a system of 
records notice from its inventory of record systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed deletion 
is not within the purview of subsection (r) of the Privacy Act of 1974, 
(5 U.S.C. 552a), as amended, which requires the submission of a new or 
altered system report.

    Dated: May 12, 2009.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F036 AETC T

Deletion:
System Name:
    Flying Training Records--Nonstudent (June 11, 1997, 62 FR 31793).

Reason:
    The records contained in this system of records are no longer 
required. Accordingly, this Privacy Act System of Records Notice will 
be deleted from the Air Force's inventory.

[FR Doc. E9-11347 Filed 5-14-09; 8:45 am]
BILLING CODE 5001-06-P
<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

                                 August 20, 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 August 19, 2004 regarding
                         Hollinger Inc. Announcement of the Appointment of
                         Additional Independent Directors.

</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:  August 20, 2004


                                        HOLLINGER INC.


                                        By /s/ Peter G. White
                                          --------------------------------------
                                          Name:  Peter G. White
                                          Title: Co-Chief Operating Officer
                                                 and Secretary
Exhibit 99.2


                            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 Quarterly Report on Form 10-Q of AFP Imaging Corporation
(the "Company") for the quarterly period ended December 31, 2002 (the "Report"),
I, Donald Rabinovitch, Co-Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 respects, the financial condition and results of operation of
          the Company.





/s/ Donald Rabinovitch


Donald Rabinovitch,
President
(Co-Principal Executive Officer)
February 12, 2003


                                       19
<PAGE>
#### In the Matter of Thomas Bell, Appellant, v Richard A. Brown, Respondent.

Decided April 7, 2009

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no appeal lies as of right from the unanimous order of the Appellate Division absent the direct involvement of a substantial constitutional question (CPLR 5601).
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-END>                                   JUN-30-1998
<CASH>                                         587,265
<SECURITIES>                                   0
<RECEIVABLES>                                  5,479,131
<ALLOWANCES>                                   104,000
<INVENTORY>                                    5,014,798
<CURRENT-ASSETS>                               11,323,065
<PP&E>                                         5,098,961
<DEPRECIATION>                                 2,267,396
<TOTAL-ASSETS>                                 88,002,857
<CURRENT-LIABILITIES>                          7,904,461
<BONDS>                                        51,443,659
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       228,277
<OTHER-SE>                                     26,060,807
<TOTAL-LIABILITY-AND-EQUITY>                   88,002,857
<SALES>                                        7,544,067
<TOTAL-REVENUES>                               8,193,597
<CGS>                                          5,666,581
<TOTAL-COSTS>                                  5,666,581
<OTHER-EXPENSES>                               599,638
<LOSS-PROVISION>                               6,080
<INTEREST-EXPENSE>                             1,070,759
<INCOME-PRETAX>                                (407,925)    
<INCOME-TAX>                                   (84,719)
<INCOME-CONTINUING>                            (199,151)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (199,151)
<EPS-PRIMARY>                                  (.01)
<EPS-DILUTED>                                  (.01)
        


</TABLE>
DISMISS; and Opinion Filed August 22, 2014.

S

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-14-00868-CV

JOAN L. GILLHAM, Appellant

V.

CLAUDIA JACKSON AND JAMES JACKSON, Appellees

On Appeal from the County Court at Law No. 5

Dallas County, Texas

Trial Court Cause No. CC-14-01318-E

MEMORANDUM OPINION

Before Justices Fillmore, Evans, and Lewis 

Opinion by Justice Lewis

Before the Court is appellant’s motion to dismiss the appeal. Appellant has informed the 

Court that the parties have settled their differences. Accordingly, we grant appellant’s motion 

and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

140868F.P05

/David Lewis/

DAVID LEWIS

JUSTICE
–2–

Court of Appeals

S

Fifth District of Texas at Dallas

JUDGMENT

JOAN L. GILLHAM, Appellant

No. 05-14-00868-CV V.

CLAUDIA JACKSON AND JAMES 

JACKSON, Appellees

On Appeal from the County Court at 

Law No. 5, Dallas County, Texas.

Trial Court Cause No. CC-14-01318-E.

Opinion delivered by Justice Lewis. 

Justices Fillmore and Evans, participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Subject to any agreement between the parties, it is ORDERED that appellees Claudia 

Jackson and James Jackson recover their costs of this appeal from appellant Joan L. Gillham.

Judgment entered this 22nd day of August, 2014.
**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








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-QSB for the period ended June 30, 2007, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Stephen
      R. Seiler, President and Chief Executive Officer certify pursuant to 18 U.S.C.
      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 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 14th day of August,
      2007.





/s/
      Stephen R. Seiler


Stephen
      R. Seiler


President
      and Chief Executive Officer
**Exhibit 32.2**

 

**CERTIFICATION PURSUANTTO 18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Cubic Energy, Inc. (the “Company”) on Form 10-Qfor the period ending September 30, 2008 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, as C.F.O., certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that:

 

(1) The Report fullycomplies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2) The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

Date: November 14, 2008

 
| Signature:                                                                                                 | /s/ Larry Badgley |   |
|------------------------------------------------------------------------------------------------------------|-------------------|--------|
|               Larry  Badgley, C.F.O. |

 

----
EX-35.6
(logo) WELLS FARGO

Commercial Mortgage-Servicing

MAC A0357-030
P.O. Box 4036, Concord, Ca 94524
1320 Willow Pass Rd., Suite 300
Concord, CA 94520
800 986-9711


ANNUAL STATEMENT AS TO COMPLIANCE
OFFICER'S CERTIFICATE

Re: Bear Stearns Commercial Mortgage Securities Inc., Commercial Mortgage
Pass-Through Certificates, Series 2007-PWR15.

In accordance with section 11.11 of the Pooling and Servicing Agreement, (the
"Agreement") dated March 1, 2007, executed by and between Bear Stearns
Commercial Mortgage Securities Inc. (as "Depositor"), Prudential Asset
Resources, Inc. (as a "Master Servicer" and a "Loan Specific Special
Servicer"), Wells Fargo Bank, National Association (as a "Master Servicer"),
Centerline Servicing Inc. (f/k/a ARCap Servicing, Inc.), (as "General Special
Servicer"), Wells Fargo Bank, National Association (as "Certificate
Administrator" and "Tax Administrator"), and LaSalle Bank National Association
(as "Trustee"), as authorized officer of the Master Servicer, Wells Fargo Bank,
National Association, I certify that (i) a review of the activities of such
Master Servicer, during the preceding calendar year, or portion thereof, and of
its performance under this Agreement has been made under my supervision, and
(ii) to the best of my knowledge, based on such review, such Master Servicer
has fulfilled all of its obligations under this Agreement in all material
respects throughout such year or portion thereof.


Dated: March 14, 2008


Wells Fargo Bank, National Association
Master Servicer


/s/ Briggs A. Hawley

Briggs A. Hawley
Vice President