alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
----

|                                                          |   | Three      months ended December 31, |        |   | Year      ended December 31, |   |
|---------------------------------------------------------------|--------|--------------------------------------|-------------|--------|------------------------------|--------|
|                                                          |   | 2009                                 |        |   | 2008                         |   |   | 2007 |   |   | 2009 |   |   | 2008 |   |   | 2007 |   |
|                                                          |   |                                 |        |   |                         |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Net      income (loss) applicable to      common shareholders |   | $                                    | (661,029    | )      |                         | $      | (518,670 | ) |   | $ | (921,307 | ) |   | $ | (2,152,605 | ) |   | $ | (2,685,867 | ) |   | $ | (4,256,891 | ) |
|                                                          |   |                                 |        |   |                         |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Weighted      average number of      common shares            |   |                                 | 107,473,133 |   |                         |   | 107,372,191 |   |   |   | 107,173,549 |   |   |   | 107,427,877 |   |   |   | 107,292,686 |   |   |   | 106,321,400 |   |
|                                                          |   |                                 |        |   |                         |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Net      income (loss) per per      share                     |   | $                                    | (0.01       | )      |                         | $      | (0.01 | ) |   | $ | (0.01 | ) |   | $ | (0.02 | ) |   | $ | (0.03 | ) |   | $ | (0.04 | ) |
#### Mark Hersh, Derivatively on Behalf of Nominal Defendant BRA Management LLC, Respondent, v Betty Weg et al., Appellant’s, et al., Defendant. Mark Hersh, Derivatively on Behalf of Nominal Defendant BRA Management LLC, Respondent, v Betty Weg et al., Appellants.

[963 NYS2d 206]

Orders, Supreme Court, New York County (Jeffrey K. Oing, J.), entered December 14, 2011 and June 4, 2012, which denied defendants’ motion for summary judgment dismissing the complaint and defendants and nominal defendant’s motion for the release of funds held by the court, respectively, unanimously reversed, on the law, with costs, and the motions granted. The Clerk is directed to enter judgment dismissing the complaint.

In opposition to defendants’ prima facie showing of their ownership of the property that provided the disputed rental income, plaintiff failed to raise an inference that either he or nominal defendant BRA Management LLC, the leasing agent for the property, has a legal interest in the property or the income. Flaintiff contends that there was an agreement between defendant S&G Hotel Corp., the legal owner of the property, and BRA, the entity on behalf of which plaintiff has commenced this derivative action. However, it is undisputed that no written agreement existed, and any oral agreement that BRA would serve as leasing agent for the property is unenforceable under the statute of frauds (General Obligations Law § 5-701 [a] [10]). Contrary to plaintiffs contention, the distribution of the property’s rental income to BRA, which distributed the income to its members, was not so “unequivocally referable” to the terms of the alleged unwritten agreement as to remove that agreement from the operation of the statute of frauds under the doctrine of part performance *(see Korff v Pica Graphics,*121 AD2d 511, 512 [2d Dept 1986] [internal quotation marks omitted], citing *Anostario v Vicinarizo,*59 NY2d 662, 664 [1983]). Given that the record establishes that BRA has no legal entitlement to the funds at issue, all of the claims that the complaint asserts on its behalf fail as a matter of law. In view of the foregoing, we need not determine whether plaintiff has sufficiently alleged facts that would excuse pre-suit demand upon the other members of BRA.

Concur—Mazzarelli, J.E, Friedman, Manzanet-Daniels, Román and Clark, JJ.
<PAGE>

                                                                    EXHIBIT 23.1

                         INDEPENDENT AUDITORS' CONSENT

     We consent to the incorporation by reference in Registration Statement No.
333-46345 and 333-86487 of Sterling Bancshares, Inc. on Form S-4 and in
Registration Statements Nos. 33-75444, 33-75442, 33-84398, 33-85624, 333-16719,
333-57171 and 333-102544 of Sterling Bancshares, Inc. on Forms S-8 of our report
dated March 10, 2003, appearing in this Annual Report on Form 10-K of Sterling
Bancshares, Inc. for the year ended December 31, 2002.

DELOITTE & TOUCHE LLP

Houston, Texas
March 14, 2003
#### Ralph Oyague, Appellant, v Incorporated Village of Malverne et al., Respondents.

Submitted July 26, 2010;

decided September 21, 2010

On the Court’s own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
#### Raul HERRERA, Plaintiff-Appellant, v. Abel VILLALOBOS, Defendant-Appellee.

No. 05-10668.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Nov. 2, 2006.

Raul Herrera, Iowa Park, TX, pro se.

Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM: *

Raul Herrera, Texas prisoner # 585739, appeals the dismissal of his 42 U.S.C. § 1983 complaint as frivolous. In his complaint, Herrera alleged that the defendant falsely accused Herrera of being in a prison gang, which resulted in Herrera’s confinement in administrative segregation. Herrera argues that his confinement in administrative segregation violates his rights under the First, Eighth, and Fourteenth Amendments. Herrera has demonstrated neither that his constitutional rights were violated nor that the district court’s dismissal of his complaint was an abuse of discretion. *See Turner v. Safley,*482 U.S. 78, 89-90, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987); *Martin v. Scott,*156 *416F.3d 578, 579 (5th Cir.1998); *Siglar v. Hightower,*112 F.3d 191, 193 (5th Cir. 1997); *Pichardo v. Kinker,*73 F.3d 612, 613 (5th Cir.1996). The judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
<TABLE> <S> <C>

<ARTICLE>              5
<LEGEND>

   This schedule contains summary financial information extracted from the
consolidated financial statements of Uroplasty, Inc. and subsidiaries as of and
for the year ended March 31, 1999, and is qualified in its entirety by
reference to such financial statements.

</LEGEND>

<S>                                                                <C>
<PERIOD-TYPE>                                                     Year
<FISCAL-YEAR-END>                                          Mar-31-1999
<PERIOD-START>                                             Apr-01-1998
<PERIOD-END>                                               Mar-31-1999
<CASH>                                                       1,588,984
<SECURITIES>                                                 1,503,600
<RECEIVABLES>                                                  829,587
<ALLOWANCES>                                                    (3,682)
<INVENTORY>                                                    754,813
<CURRENT-ASSETS>                                             4,964,438
<PP&E>                                                       1,610,808
<DEPRECIATION>                                                (382,553)
<TOTAL-ASSETS>                                               7,065,643
<CURRENT-LIABILITIES>                                          717,066
<BONDS>                                                              0
<COMMON>                                                        59,234
<PREFERRED-MANDATORY>                                                0
<PREFERRED>                                                          0
<OTHER-SE>                                                   5,657,495
<TOTAL-LIABILITY-AND-EQUITY>                                 7,065,643
<SALES>                                                      5,308,587
<TOTAL-REVENUES>                                             5,308,587
<CGS>                                                        1,257,057
<TOTAL-COSTS>                                                3,929,729
<OTHER-EXPENSES>                                               (26,127)
<LOSS-PROVISION>                                                     0
<INTEREST-EXPENSE>                                             (37,994)
<INCOME-PRETAX>                                                247,322
<INCOME-TAX>                                                   (84,584)
<INCOME-CONTINUING>                                            331,906
<DISCONTINUED>                                                       0
<EXTRAORDINARY>                                                      0
<CHANGES>                                                            0
<NET-INCOME>                                                   331,906
<EPS-BASIC>                                                      .06
<EPS-DILUTED>                                                      .06


</TABLE>
[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Notices]
[Page 21688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10830]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institute for Occupational Safety and Health


Final Effect of Designation of a Class of Employees for Addition 
to the Special Exposure Cohort

AGENCY: National Institute for Occupational Safety and Health (NIOSH), 
Department of Health and Human Services (HHS).

ACTION: Notice.

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

SUMMARY: HHS gives notice concerning the final effect of the HHS 
decision to designate a class of employees at Tyson Valley Powder Farm 
near Eureka, Missouri, as an addition to the Special Exposure Cohort 
(SEC) under the Energy Employees Occupational Illness Compensation 
Program Act of 2000. On March 31, 2009, as provided for under 42 U.S.C. 
7384q(b), the Secretary of HHS designated the following class of 
employees as an addition to the SEC:

    All Atomic Weapons Employer (AWE) employees who worked at Tyson 
Valley Powder Farm near Eureka, Missouri, from February 13, 1946 
through June 30, 1948, for a number of work days aggregating at 
least 250 work days, occurring either solely under this employment 
or in combination with work days within the parameters established 
for one or more other classes of employees in the SEC.

    This designation became effective on April 30, 2009, as provided 
for under 42 U.S.C. 7384l(14)(C). Hence, beginning on April 30, 2009, 
members of this class of employees, defined as reported in this notice, 
became members of the Special Exposure Cohort.

FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of 
Compensation Analysis and Support, National Institute for Occupational 
Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, 
OH 45226, Telephone 513-533-6800 (this is not a toll-free number). 
Information requests can also be submitted by e-mail to <a href="/cdn-cgi/l/email-protection#07484446544744434429404851"><span class="__cf_email__" data-cfemail="6f202c2e3c2f2c2b2c41282039">[email protected]</span></a>.

Christine M. Branche,
Acting Director, National Institute for Occupational Safety and Health.
[FR Doc. E9-10830 Filed 5-7-09; 8:45 am]
BILLING CODE 4163-19-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### The People of the State of New York, Respondent, v Tajenee J., Appellant.

[974 NYS2d 865]

Appeal from an adjudication of the Supreme Court, Erie *1413County (M. William Boiler, A.J.), rendered June 8, 2012. The adjudication revoked defendant’s probation and imposed a sentence of imprisonment.

It is hereby ordered that the adjudication so appealed from is unanimously modified on the law by directing that all of the sentences shall run concurrently with respect to each other and as modified the adjudication is affirmed.

Memorandum: Defendant was adjudicated a youthful offender on January 6, 2012 and was sentenced to, inter alia, concurrent terms of five years of probation with respect to the three crimes of which he was convicted. Defendant subsequently admitted that he had violated the conditions of his probation, and he now appeals from an adjudication that revoked his probation and sentenced him to three terms of incarceration of lVs to 4 years, two of which were ordered to run consecutively to each other. Defendant’s sentence thus aggregates to a term of incarceration of 22/s to 8 years, and we agree with defendant that the sentence is illegal. “[Hjaving adjudicated defendant a youthful offender, [Supreme C]ourt was without authority to impose consecutive sentences in excess of four years” *(People v Jorge N.T.,*70 AD3d 1456, 1458 [2010], *lv denied*14 NY3d 889 [2010] [internal quotation marks omitted]; *see People v Cory T.,*59 AD3d 1063, 1064 [2009]). We therefore modify the adjudication by directing that all of the sentences shall run concurrently with respect to each other *(see People v Christopher T.,*48 AD3d 1131, 1131-1132 [2008]). The sentence as modified is not unduly harsh or severe. Present — Smith, J.P, Centra, Fahey, Garni and Whalen, JJ.
<PAGE>

                                                                  Exhibit 23
                                                                  ----------





                     CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (Nos. 33-83160 and 33-06565) of Zoltek Companies,
Inc. of our report dated December 28, 2001 relating to the consolidated
financial statements of Zoltek Companies, Inc., which appears in this Form
10-K. We also consent to the incorporation by reference of our report dated
December 28, 2001 relating to the financial statement schedule, which
appears in this Form 10-K.


/s/ PricewaterhouseCoopers LLP

PricewaterhouseCoopers LLP
St. Louis, Missouri
December 28, 2001
|                | 1)     |                                                                                                                   | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities and 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: March 3, 2011 |   |                                                                                                                   |                                                                                                                                                 |   |
|                | By:    | /s/ Jay Gottlieb                  |                                                                                                                                                 |   |
|                |   | Jay Gottlieb                                                                                                           |                                                                                                                                                 |   |
|                |   | Chairman of the Board, President, Secretary, Treasurerand Principal Executive Officer                                  |                                                                                                                                                 |   |
<PAGE>

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 Quarterly Report of Omagine, Inc. on Form
10-Q for the period ended March 31, 2011 (the "Report"), as
filed with the Securities and Exchange Commission on the date
hereof, the undersigned certifies, 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 Omagine, Inc.


/s/Frank J. Drohan
------------------
Frank J. Drohan
Chairman of the Board of Directors,
President and Chief Executive & Financial Officer
(Principal Executive Officer and Principal Financial Officer)


May 16, 2011

The originally executed copy of this certification will be
maintained at the Registrant's offices and will be made
available for inspection upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
INTER-TEL,  INCORPORATED AND SUBSIDIARIES  FINANCIAL  STATEMENTS FOR THE QUARTER
ENDED MARCH 31, 2000 AND IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<EXCHANGE-RATE>                                      1
<CASH>                                          20,768
<SECURITIES>                                         0
<RECEIVABLES>                                   70,579
<ALLOWANCES>                                     7,317
<INVENTORY>                                     63,262
<CURRENT-ASSETS>                               144,719
<PP&E>                                          63,144
<DEPRECIATION>                                  29,115
<TOTAL-ASSETS>                                 262,469
<CURRENT-LIABILITIES>                           75,909
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       107,280
<OTHER-SE>                                      60,851
<TOTAL-LIABILITY-AND-EQUITY>                   262,469
<SALES>                                         96,363
<TOTAL-REVENUES>                                96,363
<CGS>                                           54,823
<TOTAL-COSTS>                                   54,823
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 1,993
<INTEREST-EXPENSE>                                  75
<INCOME-PRETAX>                                (1,969)
<INCOME-TAX>                                     (748)
<INCOME-CONTINUING>                            (1,221)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,221)
<EPS-BASIC>                                      (.05)
<EPS-DILUTED>                                    (.05)


</TABLE>
II 

109TH CONGRESS 

1ST SESSION S. 655 

To amend the Public Health Service Act with respect to the National 

Foundation for the Centers for Disease Control and Prevention. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2005 

Mr. ISAKSON (for himself and Mr. CHAMBLISS) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Public Health Service Act with respect to 

the National Foundation for the Centers for Disease 

Control and Prevention. 

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

3 SECTION 1. NATIONAL FOUNDATION FOR THE CENTERS 

4 FOR DISEASE CONTROL AND PREVENTION; 

5 ACCEPTANCE OF VOLUNTARY SERVICES; 

6 FEDERAL FUNDING. 

7 (a) AUTHORITY FOR ACCEPTANCE OF VOLUNTARY

8 SERVICES; STRIKING TWO-YEAR LIMIT PER INDI9 VIDUAL.—Section 399G(h)(2)(A) of the Public Health 
2 

•S 655 IS

1 Service Act (42 U.S.C. 280e–11(h)(2)(A)) is amended by 

2 striking the second sentence and inserting the following: 

3 ‘‘In the case of an individual, such Director may accept 

4 the services provided under the preceding sentence by the 

5 individual until such time as the private funding for such 

6 individual ends.’’. 

7 (b) FEDERAL FUNDING.—Section 399G(i) of the 

8 Public Health Service Act (42 U.S.C. 280e–11(i)) is 

9 amended— 

10 (1) in paragraph (2)— 

11 (A) in subparagraph (A), by striking 

12 ‘‘$500,000’’, and inserting ‘‘$1,500,000’’; and 

13 (B) in subparagraph (B), by striking ‘‘not 

14 more than $500,000’’ and inserting ‘‘not less 

15 than $500,000, and not more than 

16 $1,500,000’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(4) SUPPORT SERVICES.—The Director of the 

19 Centers for Disease Control and Prevention may 

20 provide facilities, utilities, and support services to 

21 the Foundation if it is determined by the Director 

22 to be advantageous to the programs of such Cen23 ters.’’. 

Æ