alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Keith R. Wilson, Appellant.

[974 NYS2d 811]

*1277Appeal from an order of the Cattaraugus County Court (Larry M. Himelein, J.), entered July 19, 2012 pursuant to the 2009 Drug Law Reform Act. The order denied defendant’s application to be resentenced upon his conviction of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from an order denying his application for resentencing pursuant to CPL 440.46, the 2009 Drug Law Reform Act (DLRA-3). Although defendant is eligible to apply for resentencing under DLRA-3 despite the fact that he was released from incarceration and has since been reincarcerated for allegedly violating the conditions of his parole *(see People v Paulin,*17 NY3d 238, 243-244 [2011]; *People v Wallace,*87 AD3d 824, 824 [2011]), we nevertheless conclude that County Court neither abused nor improvidently exercised its discretion in determining that substantial justice required denial of his application. It is undisputed that defendant completed treatment for substance abuse and participated in many vocational programs while incarcerated, but it was within the court’s discretion to conclude that those accomplishments did not outweigh his lengthy criminal history, unsatisfactory prison disciplinary record, and history of absconding *(see e.g. People v Manigault,*107 AD3d 492, 493 [2013]; *People v Ford,*103 AD3d 492, 493 [2013]; *People v Spann,*88 AD3d 597, 598 [2011], *lv denied*18 NY3d 886 [2012]; *People v Hickman,*85 AD3d 1057, 1057-1058 [2011], *lv denied*18 NY3d 859 [2011]). Present— Scudder, PJ., Centra, Garni, Lindley and Sconiers, JJ.
================================================================================


                                                                    EXHIBIT 32.1

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

In connection with the Annual Report of Arkson Nutraceuticals, Inc. (the
"Company") on Form 10-K for the year ended June 30, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the "Periodic Report"),
I, David Roff, 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 Periodic 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 Periodic Report fairly presents, in
         all material respects, the financial condition and results of
         operations of the Company.


                            Dated: September 4, 2009


                                /s/ "David Roff"


                                   David Roff
               Chief Executive Officer and Chief Financial Officer





--------------------------------------------------------------------------------
[Federal Register Volume 74, Number 90 (Tuesday, May 12, 2009)]
[Notices]
[Pages 22189-22190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11100]


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

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange

[[Page 22190]]

Commission will hold a Closed Meeting on Thursday, May 14, 2009 at 2 
p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the Closed Meeting. 
Certain staff members who have an interest in the matters also may be 
present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(5), (7), 9(B) and (10) and 17 CFR 200.402(a)(5), 
(7), 9(ii) and (10), permit consideration of the scheduled matters at 
the Closed Meeting.
    Commissioner Walter, as duty officer, voted to consider the item 
listed for the Closed Meeting in closed session.
    The subject matter of the Closed Meeting scheduled for Thursday, 
May 14, 2009 will be: Institution and settlement of injunctive actions; 
Institution and settlement of administrative proceedings of an 
enforcement nature; Consideration of amicus participation; Adjudicatory 
matters; Resolution of litigation claims; and Other matters related to 
enforcement proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact:
    The Office of the Secretary at (202) 551-5400.

    Dated: May 7, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-11100 Filed 5-8-09; 11:15 am]
BILLING CODE 8010-01-P
#### George Kralik et al., Respondents, v 239 East 79th Street Owners Corp., Appellant.

Submitted February 17, 2009;

decided April 7, 2009

Motion by Council of New York Cooperatives and Condominiums for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.
CERTIFICATION OF CHIEF EXECUTIVEOFFICER AND CHIEF FINANCIAL OFFICER

PURSUANTTO 18 USC. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

** **

In connection withthe report on Form 10-K of Infrastructure Developments Corp., for the annualperiod ended June 30, 2010, as filed with the Securities and ExchangeCommission on the date hereof, I, Thomas Morgan, do hereby certify, pursuant to18 USC. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,that, to the best of my knowledge and belief:

 

(1)  This reportfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

(2)  Theinformation contained in this report fairly represents, in all materialrespects, the financial condition of the registrant at the end of the periodcovered by this report and results of operations of the registrant for theperiod covered by this report.

 

 

Date: October 12, 2010

 

 

/s/Thomas Morgan

ThomasMorgan

Chief ExecutiveOfficer and Chief Financial Officer

 

 

This certificationaccompanies this report pursuant to §906 of the Sarbanes-Oxley Act of 2002 andshall not, except to the extent required by the Sarbanes-Oxley Act of 2002, bedeemed filed by the registrant for the purposes of §18 of the SecuritiesExchange Act of 1934, as amended. This certification shall not be incorporatedby reference into any filing under the Securities Act of 1933, as amended, orthe Securities Exchange Act of 1934, as amended (whether made before or afterthe date of this report), irrespective of any general incorporation languagecontained in such filing.

 

A signed originalof this written statement required by §906 has been provided to the registrantand will be retained by the registrant and furnished to the Securities andExchange Commission or its staff upon request.

 

----
#### In the Matter of Travis A., a Person Alleged to be a Juvenile Delinquent, Appellant.

[963 NYS2d 599]

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of fact-finding and disposition of the Family Court, Suffolk County (Whelan, J.), dated October 9, 2012, which, after a hearing, found that the appellant committed an act which, if committed by an adult, would have constituted the crime of criminal sexual act in the first degree, adjudged him to be a juvenile delinquent, and placed him in the custody of the New York State Office of Children and Family Services until September 12, 2013.

Ordered that the order of fact-finding and disposition is affirmed, without costs or disbursements.

To the extent the appellant argues that the evidence was legally insufficient to establish that he committed an act which, if committed by an adult, would have constituted the crime of criminal sexual act in the first degree under Penal Law § 130.50 (3), that argument is unpreserved for appellate review *(see Matter of Jonathan F,*72 AD3d 963 [2010]; *Matter of John M.P.,*54 AD3d 1041, 1042 [2008]). In any event, the argument is without merit since, viewing the evidence in the light most favorable to the presentment agency *(see Matter of Jonathan F.,*72 AD3d at *1042964; *Matter of Daniel R.,*51 AD3d 933, 934 [2008]), the evidence was legally sufficient to support the Family Court’s fact-finding determination. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence, this Court accords great deference to the factfinder’s opportunity to view the witnesses, hear the testimony, and observe demeanor *(see Matter of Macye Mc.,*82 AD3d 892, 894 [2011]; *Matter of Hasan C.,*59 AD3d 617 [2009]; *Matter of Daniel R.,*51 AD3d at 934). Upon reviewing the record, we are satisfied that the Family Court’s fact-finding determination was not against the weight of the evidence.

Skelos, J.E, Balkin, Cohen and Miller, JJ., concur.
COURT OF CHANCERY

OF THE

SAM GLASSCOCK III

VICE CHANCELLOR

STATE OF DELAWARE COURT OF CHANCERY COURTHOUSE

34 THE CIRCLE

GEORGETOWN, DELAWARE 19947

May 7, 2020

Kevin R. Shannon, Esq.

Christopher N. Kelly, Esq.

Daniel M. Rusk, Esq.

POTTER ANDERSON & CORROON 

LLP

1313 N. Market Street 

Wilmington, Delaware 19801

Rudolf Koch, Esq.

Kevin M. Gallagher, Esq.

Kevin M. Regan, Esq.

RICHARDS, LAYTON & FINGER P.A.

One Rodney Square 

920 North King Street

Wilmington, Delaware 19801

RE: RoundPoint Mortgage Servicing Corporation, et al. v. Freedom 

Mortgage Corporation et al., C.A. No. 2020-0161-SG

Dear Counsel:

I have Plaintiffs’ motion for reargument. The Plaintiffs have moved for 

reargument of a scheduling order. A motion for reargument is appropriate in two 

circumstances: where the court has “overlooked a decision or principle of law that 

would have controlling effect or misapprehended the facts or the law so the outcome 

of the decision would be different.” RE: Kratos Def. & Sec. Sols., Inc., v. Securitas 

Elec. Sec., Inc., 2020 WL 1922000, at *1 (Del. Ch. Apr. 20, 2020) (quoting Pontone 

v. Milso Indus. Corp., 2014 WL 4352341, at *1 (Del. Ch. Sept. 13, 2014)). Neither 

of those circumstances is present here. Plaintiffs simply disagree with a matter 

within the court’s discretion. Coleman v. PricewaterhouseCoopers, LLC, 902 A.2d 
2

1102, 1107 (Del. 2006) (“It is well settled that the trial court has discretion to resolve 

scheduling issues and to control its own docket.” (internal quotations omitted)). 

Therefore, to the extent I consider the Plaintiffs’ motion a motion for reargument it 

is denied.

I find it appropriate, however, to consider the Plaintiffs’ motion a motion for 

reconsideration of scheduling, I have directed my Assistant to contact the parties to 

schedule a teleconference promptly regarding moving this matter forward.

To the extent the foregoing requires an order to take effect, it is SO 

ORDERED.

Sincerely,

/s/ Sam Glasscock III

Sam Glasscock III
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE ROSELAND
OIL & GAS, INC. FINANCIAL STATEMENTS FOR THE PERIOD ENDED MARCH 31, 1998 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                             (1)
<SECURITIES>                                         0
<RECEIVABLES>                                      142
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   141
<PP&E>                                            3219
<DEPRECIATION>                                     910
<TOTAL-ASSETS>                                    3081
<CURRENT-LIABILITIES>                              247
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           877
<OTHER-SE>                                        2204
<TOTAL-LIABILITY-AND-EQUITY>                      3081
<SALES>                                             30
<TOTAL-REVENUES>                                    31
<CGS>                                               14
<TOTAL-COSTS>                                       90
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                   (59)
<INCOME-TAX>                                        15
<INCOME-CONTINUING>                               (44)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (44)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
EX-35.2
(logo) GMAC Mortgage

SERVICER COMPLIANCE STATEMENT (Item 1123)
GMAC Mortgage, LLC
DBALT 2007-OA1 (the "Issuing Entity")

The undersigned, a duly authorized officer of GMAC Mortgage, LLC (formerly GMAC
Mortgage Corporation), as servicer (the "Servicer"), does hereby certify that:

1. A review of the Servicer's activities during the period covered by the
   Issuing Entity's report on Form 10-K and of the Servicer's performance under
   the applicable servicing agreement has been made under my supervision.

2. To the best of my knowledge, based on such review, the Servicer has
   fulfilled all of its obligations under the applicable servicing agreement
   in all material respects throughout such period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this
17th day of March 2008.

By: /s/ Anthony N. Renzi
Name:  Anthony N. Renzi
Title: Executive Vice President
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3748 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3748

  To require the Secretary of the Army to publish a supplement to the 
major rehabilitation report for the Herbert Hoover Dike system, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                July 27 (legislative day, July 26), 2006

  Mr. Nelson of Florida (for himself and Mr. Martinez) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
  To require the Secretary of the Army to publish a supplement to the 
major rehabilitation report for the Herbert Hoover Dike system, and for 
                            other purposes.

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

SECTION 1. HERBERT HOOVER DIKE SUPPLEMENTAL MAJOR REHABILITATION 
              REPORT.

    (a) In General.--Not later than May 31, 2007, the Secretary of the 
Army shall publish a supplement to the major rehabilitation report for 
the Herbert Hoover Dike system, approved by the Chief of Engineers in 
November 2000.
    (b) Inclusions.--The supplemental report under subsection (a) shall 
include--
            (1) an evaluation of existing conditions at the Herbert 
        Hoover Dike system;
            (2) an identification of additional risks associated with 
        flood events at the system that are equal to or greater than 
        the standard projected flood risks;
            (3) an evaluation of the potential to integrate projects of 
        the Corps of Engineers into an enhanced flood protection system 
        for Lake Okeechobee, including--
                    (A) the potential for additional water storage 
                north of Lake Okeechobee; and
                    (B) an analysis of other project features included 
                in the Comprehensive Everglades Restoration Plan; and
            (4) a review of the report prepared for the south Florida 
        water management district dated April 2006.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,500,000.
                                 <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

In connection with the Quarterly Report of Tellabs, Inc. (the Company) on Form 10-Q for the quarter
ended June 27, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Timothy J. Wiggins, the Chief Financial Officer of the Company, certify, pursuant to and for purposes of 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 respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/s/ Timothy J. Wiggins 
|Timothy J. Wiggins     
|Chief Financial Officer
|Date: August 5, 2008   

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.



31
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 2439

MICHAEL STAR , Plaintiff

- Appellant ,

v. MICHAEL CHAPMAN, Sheriff of Loudoun County , Defendant

- Appellee

.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria

. Liam O ’ Grady, District Judge. ( 1:18

- cv
- 01047

- LO

- IDD )

Submitted : March 27, 2019 Decided: April 16, 2019

Before NIEMEYER and KING , Circuit Judges , and HAMILTON, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.

Michael Star , Appellant Pro Se. Alexander Francuzenko , COOK CRAIG & FRANCUZENKO, PLLC , Fairfax, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Michael Star appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2012) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by t he district court. Star v. Chapman , No.
1:18

- cv
- 01047

- LO

- IDD (E.D. Va. filed Oct. 29 , 2018 & entered Oct. 30, 2018) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and ar gument would not aid the decisional
process.
AFFIRMED
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

May 27, 2008 Clifford W. Taylor,

 Chief Justice 

131958-131960 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

TINA LUPI SMITH, Successor Robert P. Young, Jr. 

Stephen J. Markman, Personal Representative of the Justices Estate of Barbara Lupi,

Plaintiff-Appellee, 

v SC: 131958-131960 

 COA: 266635, 266636, 266701 

Washtenaw CC: 02-000013-NM 

TRINITY HEALTH-MICHIGAN, 05-000143-NH 

d/b/a ST. JOSEPH MERCY 

HOSPITAL, 

 Defendant-Appellant, 

and 

THOMAS O'KEEFE, M.D., 

 Defendant.
 

_________________________________________/ 

By order of November 29, 2007, the application for leave to appeal the July 18, 

2006 judgment of the Court of Appeals was held in abeyance pending the decision in 

Braverman v Garden City Hospital (Docket Nos. 134445-6). On order of the Court, the 

case having been decided on April 9, 2008, 480 Mich 1159 (2008), the application is 

again considered, and in lieu of granting leave to appeal, we REMAND this case to the 

Court of Appeals for consideration of the other issues raised in the defendant's 

application to that court. In all other respects, leave to appeal is DENIED, because we 

are not persuaded that the questions presented should be reviewed by this Court. 

l0519 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

May 27, 2008 

 Clerk
# Fourth Court of Appeals

San Antonio, Texas

October 4, 2019

No. 04

- 19

- 00648

- CV

IN THE INTEREST OF M.A., A CHILD,

From the 166th Judicial District Court, Bexar County, Texas

Trial Court No. 2016

- PA

- 00285

Honorable Peter A. Sakai, Judge Presiding



### O R D E R

Kristin Anderson ’ s notification of late reporter ’ s record is hereby GRANTED. Time is

extended to October 14, 2019

.

It is so ORDERED on this 4th day of October 2019.

PER CURIAM

ATTESTED TO:

__________ _____________

LUZ ESTRADA

, Chief Deputy Clerk
<PAGE>

                                  EXHIBIT 32.2

              CERTIFICATIONS OF CHIEF FINANCIAL OFFICER PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Bull Run Corporation (the "Company")
on Form 10-Q for the fiscal quarterly period ended February 29, 2004 as filed
with the Securities and Exchange Commission on the date therein specified (the
"Report"), the undersigned 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 his individual knowledge and
belief:

(1)  the Report fully complies with the requirements of Section 13(a) or 15(d)
     of the Securities Exchange Act of 1934; and

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

     Date:    April 13, 2004

     Signed:  /s/ FREDERICK J. ERICKSON
              -----------------------------------------
              Frederick J. Erickson
              Vice President - Finance and Chief Financial Officer
#### The City of Conyers *v.*Smith & Lifsey.

There was no abuse of discretion in granting the interlocutory injunction.

June 18, 1894.

Argued at the last term.

Injunction. Before Judge Bichard H. Clark. Bock-dale county. December 27, 1893.

G. W. Gleaton and J. R. Maddox, for plaintiff in error. J. N. Glenn, *contra.*

*Judgment affirmed.*