alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Isaac Schuyler *vs.*George S. Mills.

1. After a judgment upon the merits or nonsuit, in the case of an appeal from a justice’s court, the Common Heas have no right to g-rant a new trial or reinstate the ease for a rehearing.

*1382. The powers and duties of the Court of Common Pleas in appeal cases are statutory, and are merely parallel to the powers and duties of a justice of the peace.

The opinion of the court was delivered by

Olawsow, J.

This is a *certiorari*to the Passaic Pleas to bring up the order of said court reinstating an appeal after nonsuit and order setting the same down for trial at the next term. The Court of Common Pleas, in cases of appeal, act strictly in an appellate capacity, with powers limited and controlled by the statute. They have no common law jurisdiction or discretion. Such powers as are given by statute they can exercise, and as a general thing, no others. Their duties are simply to rehear and retry the case upon the same documents, proofs, and witnesses as had been previously examined in the court below, except newly discovered evidence, for which there is special provision by statute, and except where the justice may have erred in the admission of illegal, or the rejection of legal testimony, in which case it is the duty of the Common Pleas to exercise their own judgment, and proceed according to law and right, and give such judgment as the justice should have given. Their jurisdiction and powers over the case are coextensive and parallel with those of the justice upon the original trial. .The two courts are *pari pa^m*in all their 'movements in the case. A judgment of nonsuit or upon the merits is effectually, equally, and finally an end to the case, so far as they are concerned. There can be no revival of the case, or reinstatement, or opening of the judgment, or setting aside a verdict for retrial. It is disposed of, and beyond their power to resuscitate it. It has been really *tried,*in the meaning of the act, let the judgment of the court be either a judgment of nonsuit because no sufficient cause set forth in the demand, or other proper reasons—or a judgment for one party or the other for a certain amount of debt or damages and costs—it is all the same. The *139particular result of the rehearing or retrial on appeal is to depend, of course, upon the merits of the case with the law applied.

Order of Common Pleas reversed.

Cited *in Longstreet v. Phile,*10 *Vr.*71.
#### The People of the State of New York, Respondent, v Abdul Rauf, Appellant.

[974 NYS2d 458]

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), *493entered on or about September 25, 2012, which denied defendant’s CPL 440.10 motion to vacate a judgment of conviction of the same court (Phylis Skloot Bamberger, J.), rendered January 15, 2004, unanimously affirmed.

The court properly denied the motion because it was based on claims that were either previously determined on the merits on the direct appeal from the judgment *(see*CPL 440.10 [2] [a]) or should have been raised on that appeal *(see*CPL 440.10 [2] [c]; *People v Jackson,*266 AD2d 163 [1st Dept 1999], *lv denied*94 NY2d 921 [2000]). In any event, defendant’s claims of ineffective assistance by the attorneys who represented him, respectively, at his plea and at a postplea hearing are unavailing.

Under the particular circumstances of this case all of defendant’s ineffective assistance claims were reviewable on direct appeal. These circumstances included the presence on the record of defendant’s original counsel’s advice on the immigration consequences of defendant’s plea, and the record of an evidentiary hearing on defendant’s plea withdrawal motion, at which defendant was represented by new counsel.

On the direct appeal *(People v Rauf,*90 AD3d 422 [1st Dept 2011], *lv denied*18 NY3d 927 [2012]), this Court found that defendant failed to establish that he was prejudiced by his first attorney’s erroneous immigration advice. We did not suggest that this claim was unreviewable for lack of an expanded record.

Unlike the typical ineffectiveness claim where a CPL 440.10 motion is necessary to expand the record, here defendant has already had a hearing and is essentially seeking a second bite at the same apple. In the alternative, based on all the circumstances of the case, we conclude that the affidavit defendant submitted on the CPL 440.10 motion still does not establish that he would not have pleaded guilty but for the faulty immigration advice.

Defendant’s claim that the attorneys who represented him on the plea withdrawal motion also rendered ineffective assistance is rejected on the merits. Concur — Tom, J.P, Mazzarelli, Freedman, Richter and Feinman, JJ.
GLOBAL BRANDS ACQUISITION CORP.

 

______________, 2007

JLJ Partners, LLC

11 West 42nd Street, 21st Floor 

New York, New York 10036

Gentlemen:

This letter will confirm our agreement that, commencing on the effective date (“Effective Date”) of the registration statement for the initial public offering (“IPO”) of the securities of Global Brands Acquisition Corp. (“GBAC”) and continuing until the earlier of the consummation by GBAC of a “Business Combination” or GBAC’s liquidation (in each case as described in GBAC’s IPO prospectus) (such earlier date hereinafter referred to as the “Termination Date”), JLJ Partners, LLC shall make available to GBAC certain office space, utilities and secretarial support as may be required by GBAC from time to time, situated at 11 West 42nd Street, 21st Floor, New York, New York 10036 (or any successor location). In exchange therefor, GBAC shall pay JLJ Partners, LLC the sum of $10,000 per month on the
Effective Date and continuing monthly thereafter until the Termination Date.

 


	
                         
 	
                         
 	
                        Very truly yours,

             

             

            GLOBAL BRANDS ACQUISITION CORP.
 
	
                          
 	
                         
 	
                        By: 
 	
                        
 
  
 
	
                         
 	
                         
 	
                         
 	
                        Name:
 Title: 
 




 

 


	
                        AGREED TO AND ACCEPTED BY:

             

             

            JLJ PARTNERS, LLC
 	
                         
 	
                         
 
	
                        

                        By: 
 	
                          
 	
                         
 	
                         
 	
                         
 
	
                         
 	
                        Name:
 Title:
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#### The People of the State of New York, Respondent, v Diane Word, Appellant.

Submitted December 7, 2009;

decided January 12, 2010

Reported below, 43 AD3d 773.

Motion for reargument denied *[see*13 NY3d 791 (2009)].
<PAGE>
                                                                    EXHIBIT 99.2

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


         The undersigned, Edward M. Lambert, Executive Vice President and Chief
Financial Officer of Hanover Direct, Inc. (the "Company"), hereby certifies that
to his knowledge the Quarterly Report on Form 10-Q for the period ended
September 28, 2002 of the Company filed with the Securities and Exchange
Commission on the date hereof (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 for
the period specified.

         Signed at the City of Edgewater, in the State of New Jersey, this 8th
day of November, 2002.

                                        /s/ Edward M. Lambert
                                        ----------------------------------
                                        Edward M. Lambert
                                        Executive Vice President and
                                             Chief Financial Officer
##### 



Exhibit 12.1
 Certification of the principal executive officer of
Videotron ltd.
pursuant to section 302 of the Sarbanes-Oxley Act of 2002
  1.
    
    I have reviewed this annual report on Form 20-F/A of the Company;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 Company as of, and for, the periods presented in this
report;4.
    
    The Companys other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) for the Company 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 Company, 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)
    
    [omitted pursuant to the guidance of Commission Releases
Nos.33-8238 (June 5, 2003) and 33-8618 (September 22, 2005)];c)
    
    Evaluated the effectiveness of the Company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; andd)
    
    Disclosed in this report any change in the Companys internal
control over financial reporting that occurred during the period covered by the
annual report that has materially affected, or is reasonably likely to
materially affect, the Companys internal control over financial reporting; and
 5.
    
    The Companys other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the companys auditors and the
audit committee of the Companys board of directors (or persons performing the equivalent
functions):
 a)
    
    All significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are reasonably
likely to adversely affect the Companys ability to record, process, summarize
and report financial information; andb)
    
    Any fraud, whether or not material, that involves management or
other employees who have a significant role in the Companys internal control
over financial reporting.
  /s/
Robert DépatieName: Robert Dépatie
Title: President and Chief Executive Officer
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 Berkeley Technology Limited on Form
10-K for the year ended December 31, 2005 as filed with the U.S.  Securities and
Exchange Commission (the "Report"),  I, Arthur I. Trueger, as Executive Chairman
of the registrant,  certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted by ss.
906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

     (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 registrant.



Date:  March 30, 2006                            By:    /s/  Arthur I. Trueger

                                                        Arthur I. Trueger
                                                        Executive Chairman
CORRECTIVE AMENDMENT TO AMENDED AND RESTATED LLC AGREEMENT DATED JULY 27, 2001



 Exhibit 10.64 
  
 CORRECTIVE AMENDMENT TO 
 AMENDED AND RESTATED 
 LIMITED LIABILITY COMPANY AGREEMENT 
 OF 
 CMGI @VENTURES IV, LLC 
  
 THIS CORRECTIVE AMENDMENT, dated as of the 27th day of July, 2001, to the Amended and Restated Limited Liability Company Agreement dated as of July 27, 2001 (as amended to date, the “Agreement”),
of CMGI @Ventures IV, LLC, a Delaware limited liability company (the “LLC”), is by and among CMG @Ventures Capital Corp. (the “Class A Member”) and Two-thirds in Number of the persons named as Class B Members on Schedule A
to the Agreement. Capitalized terms used herein, and not otherwise defined herein, shall have the respective meanings ascribed to them in the Agreement. This Amendment corrects a clerical error in the Agreement, and does not reflect a substantive
change to the intended arrangements documented therein. 
  
 1.
Section 4.01(b)(i). The last sentence of Section 4.01(b)(i) of the Agreement is corrected to read in its entirety as follows: 
  
 “As used herein, the “Applicable Profit Members” means those persons who are Profit Members as of the date of this Amended and Restated
Agreement, exclusive of (aa) Charles Finnie and (bb) any of such persons who is a Former Profit Member as of the date hereof, provided that, if an Event of Forfeiture occurs after the date hereof with respect to any such Profit Member, it shall not
be an Applicable Profit Member unless, pursuant to the Retention Agreement, if any, of such Profit Member, such Profit Member’s Vested Percentage is increased to 100% in connection with such Event of Forfeiture.” 
  
 2. No Other Amendments. In all other respects, the Agreement is hereby
ratified and confirmed. 
  
 [Signature page follows.] 

 









 IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first above written.

  

			
	CLASS A MEMBER:
	
	CMG @VENTURES CAPITAL CORP.
		
	By	 	/s/ David S. Wetherell
		
	 Name
	 	David S. Wetherell
		
	 Title
	 	President


  

	
	CLASS B MEMBERS (to be signed by Two-thirds in Number hereof):
	
	/s/ Denise W. Marks
	Denise W. Marks
	
	/s/ Peter H. Mills
	Peter H. Mills
	
	/s/ David J. Nerrow, Jr.
	David J. Nerrow, Jr.
	
	/s/ Marc Poirier
	Marc Poirier
	
	/s/ Lior E. Yahalomi
	Lior E. Yahalomi


  

 - 2 -
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 Veterans Affairs

The Department of Veterans Affairs (VA) gives notice under Public Law 92-463 (Federal Advisory Committee Act) that a meeting of the Advisory Committee on Structural Safety of Department of Veterans Affairs Facilities will be held on June 18-19, 2009, in Room 442, Export Import Bank, 811 Vermont Avenue, NW., Washington, DC. The June 18 session will be from 9 a.m. until 5 p.m., and the June 19 session will be from 8:30 a.m. until 12:30 p.m. The meeting is open to the pubic. 

                    The purpose of the Committee is to advise the Secretary of Veterans Affairs                           ( print page 23932)                        on matters of structural safety in the construction and remodeling of VA facilities and to recommend standards for use by VA in the construction and alteration of its facilities.                 

On June 18, the Committee will review developments in the fields of fire safety issues and structural design as they relate to seismic and other natural hazards impact on the safety of buildings. On June 19, the Committee will receive briefings and presentations on current seismic, natural hazards, and fire safety issues that are particularly relevant to facilities owned and leased by the Department. The Committee will also discuss appropriate structural and fire safety recommendations for inclusion in VA's standards. 

No time will be allocated for receiving oral presentations from the public. However, the Committee will accept written comments. Comments should be sent to Krishna K. Banga, Senior Structural Engineer, Facilities Quality Service, Office of Construction & Facilities Management (00CFM1A), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Those wishing to attend should contact Mr. Banga at (202) 461-8219. 

Dated: May 14, 2009. 

By Direction of the Secretary.

E. Philip Riggin, 

Committee Management Officer.

[FR Doc. E9-11842 Filed 5-20-09; 8:45 am] 

BILLING CODE 8320-01-P