alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of State Farm Indemnity Co., Appellant, v Troy Moore et al., Respondents, and New York Central Mutual Fire Insurance Co. et al., Proposed Respondents.

[872 NYS2d 82]

*430Order, Supreme Court, Bronx County (Patricia A. Williams, J.), entered on or about April 28, 2008, which denied the petition brought pursuant CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, unanimously affirmed, without costs.

Respondents Troy Moore and Rashod Cowan sustained injuries in an accident between an automobile owned and operated by Moore and in which Cowan was a passenger, and a vehicle owned by Alnardo Perez. Moore’s vehicle was insured by petitioner and records showed that Perez’s car was insured by respondent New York Central Mutual Fire Insurance Co. (Central). Central, upon being notified of the accident, commenced an investigation during which it unsuccessfully attempted to contact Perez. Due to Perez’s lack of cooperation, Central disclaimed coverage and Moore and Cowan commenced an arbitration proceeding seeking recovery of uninsured motorist benefits.

“When an insured deliberately fails to cooperate with its insurer in the investigation of a covered incident as required by the policy, the insurer may disclaim coverage” *(Matter of New York Cent. Mut. Fire Ins. Co. [Salomon],*11 AD3d 315, 316 [2004]). To meet its “very heavy burden” *(id.),*the insurer must establish that it diligently acted in seeking the cooperation of the insured, that its efforts were reasonably calculated to bring about the insured’s cooperation, and that the insured’s attitude “was one of ‘willful and avowed obstruction’ ” *(Thrasher v United States Liab. Ins. Co.,*19 NY2d 159, 168 [1967], quoting *Coleman v New Amsterdam Cas. Co.,*247 NY 271, 276 [1928]). Although it is not required of the insurer to show that the insured openly avowed an intent to obstruct the investigation of the claim, “the facts must support an inference that the failure to cooperate was deliberate” *(Matter of Liberty Mut. Ins. Co. v Roland-Staine,*21 AD3d 771, 773 [2005]).

The court properly denied the petition to permanently stay the arbitration, as Central provided sufficient grounds for disclaiming coverage. The evidence demonstrates that upon being informed of the subject accident, Central promptly commenced a detailed investigation and diligently followed up on it. In addition to numerous telephone calls being made to the number Perez provided in the subject insurance policy, letters via certified or registered mail were sent to the address provided *431by Perez, and Central provided evidence that Perez signed for one of the letters. Furthermore, visits were made to Perez’s address and his mother maintained that she did not know his whereabouts. In light of these unsuccessful efforts that were reasonably calculated to obtain Perez’s cooperation, the inference that Perez deliberately chose not to cooperate is compelling. Concur—Saxe, J.P., Nardelli, Buckley, Moskowitz and Renwick, JJ.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Fiscal Service

# AGENCY:

Financial Management Service, Fiscal Service, Department of the Treasury.

# ACTION:

Notice.

# SUMMARY:

This is Supplement No. 12 to the Treasury Department Circular 570, 2006 Revision, published June 30, 2008, at 73 FR 37644.

# FOR FURTHER INFORMATION CONTACT:

Surety Bond Branch at (202) 874-6850.

# SUPPLEMENTARY INFORMATION:

Notice is hereby given that the Certificate of Authority issued by the Treasury to Surety Company of the Pacific (NAIC# 12793) under 31 U.S.C. 9305 to qualify as acceptable surety on Federal bonds has been terminated. The above-named company merged with and into American Contractors Indemnity Company (NAIC# 10216) effective March 2, 2009. The surviving corporation of the merger activity is American Contractors Indemnity Company (NAIC# 10216), a California domiciled corporation. Federal bond-approving officials should annotate their reference copies of the Treasury Department Circular 570 (“Circular”), 2008 Revision, to reflect this change.

In the event bond-approving officers have questions relating to bonds issued by the Surety Company of the Pacific (NAIC# 12793) that has merged with and into American Contractors Indemnity Company (NAIC# 10216), they should contact American Contractors Indemnity Company at (310) 649-0990.

                    The Circular may be viewed and downloaded through the Internet at                     *www.fms.treas.gov/​c570.*

Questions concerning this notice may be directed to the U.S. Department of the Treasury, Financial Management Service, Financial Accounting and Services Division, Surety Bond Branch, 3700 East-West Highway, Room 6F01, Hyattsville, MD 20782.

      ( print page 22807)    
Dated: April 28, 2009.

Rose M. Miller,

Acting Director, Financial Accounting and Services Division, Financial Management Service.

[FR Doc. E9-11252 Filed 5-13-09; 8:45 am]

BILLING CODE 4810-35-M
EXHIBIT 31.1

CERTIFICATIONS

I, Robin Abrams, certify that:

1.	I have reviewed this quarterly report on Form 10-Q of ZiLOG, 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 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 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 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 person 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: November 9, 2006 | By:    /s/ Robin Abrams

| |                                             
| | --------------------------------------------
| |                                             
| | Robin Abrams                                
| | Interim Chief Executive Officer and Director

---
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 55 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                 S. 55

_______________________________________________________________________

                                 AN ACT

 
To adjust the boundary of Rocky Mountain National Park in the State of 
                               Colorado.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rocky Mountain National Park 
Boundary Adjustment Act of 2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal parcel.--The term ``Federal parcel'' means the 
        parcel of approximately 70 acres of Federal land near MacGregor 
        Ranch, Larimer County, Colorado, as depicted on the map.
            (2) Map.--The term ``map'' means the map numbered 121/
        80,154, dated June 2004.
            (3) Non-federal parcels.--The term ``non-Federal parcels'' 
        means the 3 parcels of non-Federal land comprising 
        approximately 5.9 acres that are located near MacGregor Ranch, 
        Larimer County, Colorado, as depicted on the map.
            (4) Park.--The term ``Park'' means Rocky Mountain National 
        Park in the State of Colorado.

SEC. 3. ROCKY MOUNTAIN NATIONAL PARK BOUNDARY ADJUSTMENT.

    (a) Exchange of Land.--
            (1) In general.--The Secretary shall accept an offer to 
        convey all right, title, and interest in and to the non-Federal 
        parcels to the United States in exchange for the Federal 
        parcel.
            (2) Conveyance.--Not later than 60 days after the date on 
        which the Secretary receives an offer under paragraph (1), the 
        Secretary shall convey the Federal parcel in exchange for the 
        non-Federal parcels.
            (3) Conservation easement.--As a condition of the exchange 
        of land under paragraph (2), the Secretary shall reserve a 
        perpetual easement to the Federal parcel for the purposes of 
        protecting, preserving, and enhancing the conservation values 
        of the Federal parcel.
    (b) Boundary Adjustment; Management of Land.--On acquisition of the 
non-Federal parcels under subsection (a)(2), the Secretary shall--
            (1) adjust the boundary of the Park to reflect the 
        acquisition of the non-Federal parcels; and
            (2) manage the non-Federal parcels as part of the Park, in 
        accordance with any laws (including regulations) applicable to 
        the Park.

            Passed the Senate July 26, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                 S. 55

_______________________________________________________________________

                                 AN ACT

To adjust the boundary of Rocky Mountain National Park in the State of 
                               Colorado.
```
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 10070 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

MICHAEL BRANDON CRAWFORD ,
Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 6:15

- CR

- 16

- 1

Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Michael Brandon
Crawford has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Crawford h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 18 , 2016

Lyle W. Cayce Clerk Case: 16-10070 Document: 00513722049 Page: 1 Date Filed: 10/18/2016No. 16

- 10070

2 issue for appellate review. Accordingly, counsel’s motion for leave to wit hdraw is GRANTED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 16-10070 Document: 00513722049 Page: 2 Date Filed: 10/18/2016
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET AND STATEMENT OF INCOME AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-01-2000
<PERIOD-END>                               JUL-03-1999
<CASH>                                             397
<SECURITIES>                                     3,600<F1>
<RECEIVABLES>                                   17,656
<ALLOWANCES>                                       885
<INVENTORY>                                      5,000
<CURRENT-ASSETS>                                27,485
<PP&E>                                          11,722
<DEPRECIATION>                                   5,390
<TOTAL-ASSETS>                                  35,850
<CURRENT-LIABILITIES>                           11,674
<BONDS>                                         14,042
<PREFERRED-MANDATORY>                                0
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<COMMON>                                           323
<OTHER-SE>                                       5,960
<TOTAL-LIABILITY-AND-EQUITY>                    35,850
<SALES>                                          8,955
<TOTAL-REVENUES>                                 1,037
<CGS>                                            6,640
<TOTAL-COSTS>                                    6,640
<OTHER-EXPENSES>                                 2,260<F2>
<LOSS-PROVISION>                                   215
<INTEREST-EXPENSE>                                 313
<INCOME-PRETAX>                                    552
<INCOME-TAX>                                       209
<INCOME-CONTINUING>                                331
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       331
<EPS-BASIC>                                       0.87<F3>
<EPS-DILUTED>                                     0.86
<FN>
<F1> Represents retained interest in transferred credit card receivables
<F2> Represents the sum of selling and administrative expense, and depreciation
     and amortization expense
<F3> Represents basic earnings per share
</FN>


</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Nuclear Regulatory Commission

          - [Docket Nos. 52-012-COL, ASLBP No. 09-885-08-COL-BD01 and 52-013-COL]

                    Pursuant to delegation by the Commission dated December 29, 1972, published in the                     **Federal Register**                    , 37 FR 28710 (1972), and the Commission's regulations,                     *see*10 CFR 2.104, 2.300, 2.303, 2.309, 2.311, 2.318, and 2.321, notice is hereby given that an Atomic Safety and Licensing Board (Board) is being established to preside over the following proceeding:                

## South Texas Project Nuclear Operating Company (South Texas Project Units 3 and 4)

                    This proceeding concerns a Petition for Intervention and Request for Hearing dated April 21, 2009 from the Sustainable Energy and Economic Development Coalition,                     *et al.,*                     that was submitted in response to a February 20, 2009 Notice of Order, Hearing, and Opportunity to Petition for Leave to Intervene (74 FR 7934). Petitioners challenge the application filed by the South Texas Project Nuclear Operating Company pursuant to Subpart C of 10 CFR Part 52 for a combined license for the South Texas Project, Units 3 and 4, to be located in Matagorda County, Texas.                

*The Board is comprised of the following administrative judges:*

Michael M. Gibson, Chair, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;

Gary S. Arnold, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;

Randall J. Charbeneau, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

All correspondence, documents, and other materials shall be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 2007 (72 FR 49,139).

Issued at Rockville, Maryland, this 1st day of May 2009.

E. Roy Hawkens, 

Chief Administrative Judge, Atomic Safety and Licensing Board Panel.

[FR Doc. E9-11038 Filed 5-11-09; 8:45 am]

BILLING CODE 7590-01-P
#### Nelson Denis, as Proposed Administrator of the Goods, Chattels and Credits of Sarah Rabassa, Deceased, Appellant, v Manhattanville Rehabilitation and Health Care Center, LLC, Doing Business as Manhattanville Health Care Center, LLC, et al., Respondents.

[974 NYS2d 372]

Order, Supreme Court, Bronx County (Stanley Green, J.), *407entered September 19, 2012, which, to the extent appealed from as limited by the briefs, granted defendants’ motions for summary judgment dismissing the causes of action for medical malpractice, negligence and lack of informed consent, unanimously affirmed, without costs.

Plaintiff failed to submit evidence to rebut defendants’ prima facie showing that they did not deviate from the accepted standard of care in their treatment of the decedent during her 20-day admission at defendant Manhattanville. His expert assumed that the decedent had a *C. difficile*infection throughout her admission and that the infection worsened during her stay. He failed to support these conclusions by referring to specific entries in the records, and, as to two negative stool sample tests, he speculated that they had been handled poorly. Plaintiff’s expert’s claims that the decedent suffered from dehydration and was not properly nourished were conclusory and failed to controvert defendants’ expert’s evidence to the contrary. Moreover, the expert failed to causally relate the decedent’s injuries to defendants’ alleged departures from the standard of care *(see Margolese v Uribe,*238 AD2d 164 [1st Dept 1997]).

Plaintiffs expert’s opinion as to the lack of informed consent was predicated on his unsupported assumption as to the duration of the *C. difficile*infection and relied on alternative “potential” treatments that were experimental, without addressing whether the decedent would have been a candidate for any of them. Moreover, the expert did not opine that the lack of informed consent was a proximate cause of the decedent’s injuries. The opinion was therefore insufficient to raise an inference that a reasonably prudent person in the decedent’s circumstances, having been appropriately informed of the risks and alternatives, would have elected an alternate course of treatment, and that the lack of informed consent was the proximate cause of the decedent’s injuries *(see*Public Health Law § 2805-d [1], [3]; *Shkolnik v Hospital for Joint Diseases Orthopaedic Inst.,*211 AD2d 347, 350 [1st Dept 1995], *lv dismissed in part and denied in part*87 NY2d 895 [1995]).

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Sweeny, J.P., Moskowitz, Renwick, DeGrasse and Gische, JJ.
#### In the Matter of Sansan Symone Fung, Voluntary Resignor.

[975 NYS2d 680]

— Motion by Sansan Symone Fung for reinstatement as an attorney and counselor-at-law. Ms. Fung was admitted to the bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 15, 2012. By decision and order of this Court dated May 24, 2013, her application for voluntary resignation was accepted and her name was removed from the roll of attorneys and counselors-at-law.

*935Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

Ordered that the motion is granted; and it is further,

Ordered that, effective immediately, Sansan Symone Fung is reinstated as an attorney and counselor-at-law and the Clerk of the Court is directed to restore the name of Sansan Symone Fung to the roll of attorneys and counselors-at-law. Eng, RJ., Mastro, Rivera, Skelos and Dillon, JJ., concur.
##### 



SECURITIES 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
 
  Inco Limited
  Canada
(State or other jurisdiction
of incorporation or organization)
    
    1-1143
(Commission
file number)
    
    98-0000676
(I.R.S. Employer
Identification Number)
 145 King Street West, Suite 1500
Toronto, Ontario M5H 4B7
   þ
 o
 o
 o




---



##### 



Results of Operations and Financial Condition




---



##### 



SIGNATURE
  INCO LIMITEDBy:

/s/  Simon A. FishSimon A. FishExecutive Vice-President
General Counsel and Secretary




---



##### 



EXHIBIT INDEX
 Exhibit No.
    
    Description of Exhibit
    
    Page(1)
    
    Exhibit 99(99.1)            Inco Limited press release dated April 20, 2006.