alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Dior Polo G., an Infant. Carrie D. Tillman, Appellant; Ronald Rossi et al., Respondents.

[961 NYS2d 791]

In a proceeding, inter alia, pursuant to SCPA 1713 for permission to withdraw certain funds from the infant’s guardianship account, the petitioner appeals from an order of the Surrogate’s Court, Kings County (Johnson, S.), dated February 2, 2012, which denied her motion, among other things, for recusal of the Surrogate.

Ordered that the order is affirmed, without costs or disbursements.

“Absent a legal disqualification under Judiciary Law § 14, a court is the sole arbiter of the need for recusal, and its decision is a matter of discretion and personal conscience” *(Matter of O’Donnell v Goldenberg,*68 AD3d 1000 [2009]; *see Vigo v 501 Second St. Holding Corp.,*100 AD3d 870 [2012]). Here, the petitioner failed to set forth any proof of bias or prejudice to warrant the conclusion that the Surrogate should have recused herself *(see Gihon, LLC v 501 Second St., LLC,*77 AD3d 709 [2010]; *Daulat v Helms Bros., Inc.,*57 AD3d 938 [2008]).

The petitioner’s remaining contention is without merit.

Balkin, J.E, Leventhal, Roman and Hinds-Radix, JJ, concur.
[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Pages 23194-23195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11511]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1835-DR; Docket ID FEMA-2008-0018]


Alabama; Amendment No. 1 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Alabama (FEMA-1835-DR), dated April 28, 2009, and 
related determinations.

DATES: Effective Date: May 1, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-3886.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the State of Alabama is hereby amended to include Individual 
Assistance in the

[[Page 23195]]

following areas among those areas determined to have been adversely 
affected by the event declared a major disaster by the President in his 
declaration of April 28, 2009.

    Covington, Geneva, and Houston Counties for Individual 
Assistance (already designated for Public Assistance).

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 
97.033, Disaster Legal Services; 97.034, Disaster Unemployment 
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, 
Disaster Housing Assistance to Individuals and Households in 
Presidentially Declared Disaster Areas; 97.049, Presidentially 
Declared Disaster Assistance--Disaster Housing Operations for 
Individuals and Households; 97.050, Presidentially Declared Disaster 
Assistance to Individuals and Households--Other Needs; 97.036, 
Disaster Grants--Public Assistance (Presidentially Declared 
Disasters); 97.039, Hazard Mitigation Grant.)

Nancy Ward,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. E9-11511 Filed 5-15-09; 8:45 am]
BILLING CODE 9111-23-P
#### Miguel Andrade, Appellant, v New York City Police Department, Respondent.

Submitted August 3, 2009;

decided October 15, 2009

Reported below, 2009 NY Slip Op 75789(U).

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
I 

109TH CONGRESS 

1ST SESSION S. 571 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 29, 2005 

Referred to the Committee on Government Reform 

AN ACT 

To designate the facility of the United States Postal Service 

located at 1915 Fulton Street in Brooklyn, New York, 

as the ‘‘Congresswoman Shirley A. Chisholm Post Office 

Building’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

S 571 RFH 

1 SECTION 1. CONGRESSWOMAN SHIRLEY A. CHISHOLM 

2 POST OFFICE BUILDING. 

3 (a) DESIGNATION.—The facility of the United States 

4 Postal Service located at 1915 Fulton Street in Brooklyn, 

5 New York, shall be known and designated as the ‘‘Con6 gresswoman Shirley A. Chisholm Post Office Building’’. 

7 (b) REFERENCES.—Any reference in a law, map, reg8 ulation, document, paper, or other record of the United 

9 States to the facility referred to in subsection (a) shall 

10 be deemed to be a reference to the Congresswoman Shirley 

11 A. Chisholm Post Office Building. 

Passed the Senate June 29, 2005. 

Attest: EMILY J. REYNOLDS, 

Secretary.
Exhibit 32

CERTIFICATION PURSUANT TO 18. U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906 OF THE

SARBANES-OXLEY ACT OF 2002

The undersigned executive officers of BCSB Bancorp, Inc. (the Company) hereby certify that this Annual Report on Form 10-K/A for the year ended September 30, 2008 (the Report) fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for
the period covered by the Report.



By:

/s/ Joseph J. BouffardName:

Joseph J. BouffardTitle:

President and Chief Executive OfficerBy:

/s/ Anthony R. ColeName:

Anthony R. ColeTitle:

Executive Vice President and Chief Financial Officer (Principal Financial Officer)


Date: April 1, 2009
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 590 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                 S. 590

 To designate the facility of the United States Postal Service located 
  at 750 4th Street in Sparks, Nevada, as the ``Mayor Tony Armstrong 
                        Memorial Post Office''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2005

 Mr. Ensign (for himself and Mr. Reid) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
  at 750 4th Street in Sparks, Nevada, as the ``Mayor Tony Armstrong 
                        Memorial Post Office''.

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

SECTION 1. MAYOR TONY ARMSTRONG MEMORIAL POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 750 4th Street in Sparks, Nevada, shall be known and 
designated as the ``Mayor Tony Armstrong Memorial Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Mayor Tony 
Armstrong Memorial Post Office''.
                                 <all>
```
EXHIBIT
14





CODE
OF ETHICS





Southern
Bella, Inc.





Southern
Bella Inc.’s (the “Company”) mission includes significant efforts to promote
ethical conduct in the practice of financial management throughout the company.
Senior officers hold an important and elevated role in corporate governance.
While members of the management team, they are uniquely capable and empowered to
ensure that all shareholders’ interests are appropriately balanced, protected
and preserved.  This Code provides principles to which senior officers
are expected to adhere and advocate.  They embody rules regarding
individual and peer responsibilities, as well as responsibilities to employers,
the public and other stakeholders. Violations of the Company’s Code of Ethics
may subject the officer to censure, suspension or expulsion under procedural
rules adopted by the Company’s Board of Directors.





All
senior officers of the Company will:





•           Act
with honesty and integrity, avoiding actual or apparent conflicts of interest in
personal and professional relationships.





•           Provide
constituents with information that is accurate, complete, objective, relevant,
timely and understandable.





•           Comply
with rules and regulations of federal, state, provincial and local governments,
and other appropriate private and public regulatory agencies.





•           Act
in good faith, responsibly, with due care, competence and diligence, without
misrepresenting material facts or allowing one’s independent judgment to be
subordinated.





•           Respect
the confidentiality of information acquired in the course of one’s work except
when authorized or otherwise legally obligated to
disclose.  Confidential information acquired in the course of one’s
work will not be used for personal advantage.





•           Share
knowledge and maintain skills important and relevant to constituents’
needs.





•           Proactively
promote ethical behavior as a responsible partner among peers, in the work
environment and the community.





•           Achieve
responsible use of and control over all assets and resources employed or
entrusted.





In my
role as a senior executive officer of the Company, I certify to you that I
adhere to and advocate the aforementioned principles and responsibilities
governing my professional and ethical conduct.





Date:[Signature][Title]
#### Patricia Horst, Respondent, v Owen Lloyd Brown, Appellant.

Decided June 29, 2010

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.
|   | 1. | Such      Annual Report on Form 10-K for the period ending June 30, 2010,      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 such Annual Report on Form 10-K for      the period ending June 30, 2010, fairly presents, in all      material respects, the financial condition and results of operations of      China Advanced Construction Materials Group,  Inc. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:      September 28, 2010                    |
|--------------------------------------------------|
|                                             |
| /s/Xianfu      Han                               |
| Xianfu      HanPrinicipal      Executive Officer |

----
Exhibit 32.01
                                  -------------


                            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 BSD  Medical  Corporation  (the
"Company")  on Form 10-QSB for the Quarter  ending  November 30, 2003,  as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Hyrum A. Mead,  President  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 my knowledge and belief:

         (1)  the Report fully complies with the  requirements  of Section 13(a)
              or 15(b) 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  result  of
              operations of the Company.





/s/ Hyrum A. Mead
-----------------
Hyrum A. Mead
Chief Executive Officer
April 14, 2004


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
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.
#### Royce *v.*Small.

1. The court having refused to allow the claimant to withdraw his claim, stating as a reason for the refusal that the claimant had stipulated not to withdraw, it was not error to deny a subsequent motion made by the claimant to dismiss the claim, there being no mode of dismissing a claim at the claimant’s instance otherwise than by withdrawing it.

2. Where the claimant refuses to join issue with the plaintiff in the claim case, the plaintiff may proceed with the trial and submit his evidence without any joinder of issue, or he may at his option move to dismiss the claim; but the claimant cannot have it dismissed for his own default.

August 14, 1894.

Levy and claim. Before Judge Butt. Taylor superior court. August term, 1898.

W. E. Steed and Little, Wimbish & Worrill, for plaintiff in error.

Thornton & McMichael and O. M. Colbert, *contra.*

*Judgment affirmed.*
EXHIBIT
32.2





STATEMENT
OF CHIEF ACCOUNTING OFFICER


PURSUANT
TO SECTION 1350 OF TITLE 18 OF THE UNITED STATES CODE








Pursuant
to Section 1350 of Title 18 of the United States Code, the undersigned, Robert
Wilson, chief accounting officer of Biofuels Power Corporation (the “Company”),
hereby certifies that:





The
Company’s Form 10-K Annual Report for the year ended December 31, 2007 (the
“Report”) fully complies with the requirements of Section 15(d) of the
Securities Exchange Act of 1934; and The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.








/s/ Robert
Wilson


Robert
Wilson, Chief Accounting Officer


Dated:
April 29, 2008
#### Michael Kennis, Appellant, v Steven J. Meleco, Respondent.

[975 NYS2d 661]

— Order, Supreme Court, New York County (Richard F. Braun, J.), entered January 23, 2012, which granted defendant’s motion to dismiss the complaint for lack of personal jurisdiction, and denied plaintiffs request for an extension of time to serve defendant pursuant to CPLR 306-b, unanimously affirmed, without costs.

The record shows that the process server attempted to effectuate service at defendant’s address pursuant to CPLR 308 (1) and (2) *(see Farias v Simon,*73 AD3d 569 [1st Dept 2010]). Under the circumstances presented, plaintiffs conduct did not satisfy the due diligence requirement of CPLR 308 (4) *(cf. Hochhauser v Bungeroth,*179 AD2d 431 [1st Dept 1992]). Concur— Friedman, J.E, Renwick, Freedman and Feinman, JJ.
**Exhibit 8.1**

 

**List of Subsidiaries of Videotron Ltd.**

 
| **Name of Subsidiary**                                                 | ** ** | **Jurisdiction  of Incorporation or  Organization** |
|------------------------------------------------------------------------|------------|-----------------------------------------------------|
| CF Câble TV inc. / CF Cable TV Inc.                               |       | Canada                                              |
| Le SuperClub Vidéotron ltée                                  |       | Québec                                         |
| Société d’édition et de Transcodage T.E. ltée |       | Québec                                         |
| Videotron US Inc.                                                      |       | Delaware                                            |
| 9193-2962 Québec inc.                                             |       | Québec                                         |

 

----
* Pursuant to Local Rule 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 Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-30567 Conference Calendar

KIM POWELL, Plaintiff-Appellant,

versus DARYL DUPLESSIE, Court Reporter, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana

USDC No. 95-CV-3867

- - - - - - - - - - October 23, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges. PER CURIAM: * Louisiana prisoner Kim Powell, #111068, appeals from the dismissal of his 42 U.S.C. § 1983 claim for failure to state a claim. Powell contends that his constitutional rights were violated when the state-court court reporter did not provide him with a requested state-court transcript within a reasonable time. Determination whether Powell was prejudiced by the court reporter’s failure would require us to examine the contentionsNo. 96-30567 - 2 - with which Powell hopes to undermine his state-court conviction. Success on Powell’s underlying claims would call his conviction into question; Powell has no § 1983 cause of action on those claims until he demonstrates that his conviction has been invalidated. Heck v. Humphrey , 512 U.S. 477, 512, 114 S. Ct. 2364, 2372 (1994). Because Powell has no cause of action regarding his substantive claims, he has no cause of action regarding the delay in providing him with a transcript.
AFFIRMED.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-88,245-05

EX PARTE RAMON TORRES, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1541830-A IN THE 208TH DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O R D E R

Applicant was convicted of aggravated sexual assault and sentenced to sixty years’

imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Torres v. State, 609

S.W.3d 595 (Tex. App. — Houston [14 Dist.] September 3, 2020) (pet. ref’d). Applicant filed this th

application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded

it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.

Applicant contends, among other things, that trial counsel was ineffective because trial

counsel failed to object to improper comments by the prosecutor during closing arguments, failed

to file a motion to allow Applicant to testify without impeachment with prior extraneous offenses

pursuant to Theus v. State, 845 S.W.2d 874 (Tex. Crim. App. 1992), failed to investigate and obtain
2

surveillance video footage from a gas station where the complainant allegedly encountered him

before the offense and returned after the offense, failed to retain a defense D.N.A. expert, and failed

to challenge or strike a venire member who said that he would afford law enforcement officers more

credibility than defense witnesses. 

Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,

466 U.S. 668 (1984). Accordingly, the record should be developed. The trial court is the appropriate

forum for findings of fact. TEX.CODECRIM.PROC. art. 11.07, § 3(d). The trial court shall order trial

counsel to respond to Applicant’s claims. In developing the record, the trial court may use any

means set out in Article 11.07, § 3(d). If the trial court elects to hold a hearing, it shall determine

whether Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the

trial court shall appoint counsel to represent him at the hearing. See TEX. CODE CRIM. PROC. art.

26.04. If counsel is appointed or retained, the trial court shall immediately notify this Court of

counsel’s name.

The trial court shall make findings of fact and conclusions of law as to whethertrial counsel’s

performance was deficient and Applicant was prejudiced. The trial court may make any other

findings and conclusions that it deems appropriate in response to Applicant’s claims.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial court’s

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from

hearings and depositions. See TEX.R.APP. P. 73.4(b)(4). Any extensions of time must be requested

by the trial court and obtained from this Court.
3

Filed: January 11, 2023

Do not publish
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3672 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3672

 To suspend temporarily the duty on certain footwear not covering the 
            ankle with coated or laminated textile fabrics.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 17, 2006

 Mr. Carper (for himself and Mr. Gregg) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To suspend temporarily the duty on certain footwear not covering the 
            ankle with coated or laminated textile fabrics.

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

SECTION 1. CERTAIN FOOTWEAR NOT COVERING THE ANKLE WITH COATED OR 
              LAMINATED TEXTILE FABRICS.

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

``      9902.64.10      Men's footwear,     Free         No change        No change        On or before 12/  ''.
                         except vulcanized                                                  31/2009
                         footwear and
                         footwear with
                         waterproof molded
                         bottoms,
                         including bottoms
                         comprising an
                         outer sole and
                         all or part of
                         the upper, valued
                         over $20/pair,
                         not covering the
                         ankle, designed
                         to be worn in
                         lieu of, but not
                         over, other
                         footwear as a
                         protection
                         against water,
                         oil, grease or
                         chemicals or cold
                         or inclement
                         weather where
                         such protection
                         includes
                         protection
                         against water
                         that is imparted
                         by the use of a
                         coated or
                         laminated textile
                         fabric (provided
                         in subheading
                         6404.19.20)......

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