alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Sandra J. Requa, Plaintiff, v Apple Inc., Respondent, and Boston Properties, Inc., et al., Appellants, et al., Defendant. (And a Third-Party Action.)

[975 NYS2d 31]

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered April 2, 2013, which granted defendant Apple Inc.’s motion for summary judgment dismissing the complaint as against it, and denied as moot defendants-appellants’ (collectively, Boston Properties) cross motion for certain discovery from Apple, unanimously affirmed, without costs.

The record demonstrates that Apple owed no duty of care to plaintiff for the defective condition in the plaza outside the entrance to its Fifth Avenue store. The lease agreement between Apple, as tenant, and Boston Properties, as landlord, provided that Boston Properties would “at its expense maintain the plaza in good condition and repair.” Thus, it is Boston Properties that owed a duty to pedestrians such as plaintiff to safeguard them from any defective conditions in the plaza. Apple’s right under the lease to review certain aspects of the plaza *467design does not raise an issue of fact whether it created the condition that allegedly caused plaintiffs accident. The lease did not give Apple veto power over Boston Properties’ use of the plaza.

We have considered Boston Properties’ remaining arguments and find them unavailing. Concur — Gonzalez, EJ., Friedman, Sweeny, Moskowitz and Clark, JJ. [Prior Case History: 2013 NY Slip Op 30626(U).]
## Contact Information

Bethesda MD20892-4872

velkovaad@mail.nih.gov

January 2024

Back to Top
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I 

109TH CONGRESS 

1ST SESSION S. 958 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2005 

Referred to the Committee on Resources 

AN ACT 

To amend the National Trails System Act to designate the 

Star-Spangled Banner Trail in the States of Maryland 

and Virginia and the District of Columbia as a National 

Historic Trail. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Star-Spangled Banner 

5 National Historic Trail Act’’. 
2 

S 958 RFH 

1 SEC. 2. AUTHORIZATION AND ADMINISTRATION OF TRAIL. 

2 Section 5(a) of the National Trails System Act (16 

3 U.S.C. 1244(a)) is amended by adding at the end the fol4 lowing: 

5 ‘‘(25) STAR-SPANGLED BANNER NATIONAL HIS6 TORIC TRAIL.— 

7 ‘‘(A) IN GENERAL.—The Star-Spangled 

8 Banner National Historic Trail, a trail con9 sisting of water and overland routes totaling ap10 proximately 290 miles extending from southern 

11 Maryland through the District of Columbia and 

12 Virginia, and north to Baltimore, Maryland, 

13 commemorating the Chesapeake Campaign of 

14 the War of 1812 (including the British invasion 

15 of Washington, District of Columbia, and its 

16 associated feints and the Battle of Baltimore in 

17 summer 1814), as generally depicted on the 

18 maps contained in the report entitled ‘Star19 Spangled Banner National Historic Trail Feasi20 bility Study and Environmental Impact State21 ment’, and dated March 2004. 

22 ‘‘(B) MAP.—A map generally depicting the 

23 trail shall be maintained on file and available 
3 

S 958 RFH 

1 for public inspection in the appropriate offices 

2 of the National Park Service. 

3 ‘‘(C) ADMINISTRATION.—Subject to sub4 paragraph (E)(ii), the trail shall be adminis5 tered by the Secretary of the Interior. 

6 ‘‘(D) LAND ACQUISITION.—No land or in7 terest in land outside the exterior boundaries of 

8 any federally administered area may be ac9 quired by the United States for the trail except 

10 with the consent of the owner of the land or in11 terest in land. 

12 ‘‘(E) PUBLIC PARTICIPATION.—The Sec13 retary of the Interior shall— 

14 ‘‘(i) encourage communities, owners of 

15 land along the trail, and volunteer trail 

16 groups to participate in the planning, de17 velopment, and maintenance of the trail; 

18 and 

19 ‘‘(ii) consult with other affected land20 owners and Federal, State, and local agen21 cies in the administration of the trail. 

22 ‘‘(F) INTERPRETATION AND ASSIST23 ANCE.—Subject to the availability of appropria24 tions, the Secretary of the Interior may provide 

25 to State and local governments and nonprofit 
4 

S 958 RFH 

1 organizations interpretive programs and serv2 ices and, through Fort McHenry National 

3 Monument and Shrine, technical assistance, for 

4 use in carrying out preservation and develop5 ment of, and education relating to the War of 

6 1812 along, the trail.’’. 

Passed the Senate November 16, 2005. 

Attest: EMILY J. REYNOLDS, 

Secretary.
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Exhibit 31.2
------------

CERTIFICATION
-------------

 I, Donald Rabinovitch Co-Principal Executive Officer of AFP Imaging
Corporation, certify that:

1.  I have reviewed this Quarterly Report on Form 10-Q of AFP Imaging
    Corporation;

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 officers 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 enable 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

5.   The registrant's other certifying officers 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 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 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 controls over financial reporting.









Date: November 15, 2004                         ___________/s/______________
                                                     Donald Rabinovitch
                                                         President
                                                Co-Principal Executive Officer





                                       14
# Fourth Court of Appeals

San Antonio, Texas

April 5, 2018

No. 04

- 16

- 00806

- CR

Roger SALDANA

, Appellant

v.

The STATE of Texas, Appellee

From the 81st Judicial District Court, Frio County, Texas

Trial Court No. 15

- 08

- 00031

- CRF Honorable Russell Wilson, Judge Presiding



### O R D E R

On December 29, 2017, this court ordered the parties to file written responses to concerns raised in that order regarding appellant’s motions to supplement the appellate record. After receiving the responses, the court ordered the motions would be carried with the appeal and resolved by the submission panel . On April 4, 2018, the State filed a motion seeking to withdraw its response to our prior order and opposing the re quested supplementation. The State’s

motion will be CARRIED WITH THE APPEAL and resolved by the submission panel.

_________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the s aid

court on this 5th day of April, 2018

.

___________________________________ K eith E. H ottle

Clerk of Court
## In The Court of Appeals Seventh District of Texas at Amarillo

No. 07 - 19 - 00070 - CR ANGEL HERNANDEZ, APP ELLANT

V. THE STATE OF TEXAS, APPELLEE On Appeal from the 137th District Court Lubbock County, Texas Trial Court No. 2018 - 414,729, Honorable John J. “ Trey ” McClendon III, Presiding 

### July 17 , 2019 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PIRTLE and PARKER , JJ. Appellant Angel Hernandez appeals his conviction for assault on a public servant, 1 enhanced, and sentence to thirty years’ confinement. The appellate record was originally due April 5, 2019 . The clerk ’s record was filed by this deadline, but the reporter’s record was no t. We subsequently granted the reporter , Ms. Breann Hays , three extension s to file the reporter’s record. By letter of June 17 , 2019, we admonished Ms. Hays that no further extensions would be granted and failure to file the reporter’s record by July 5 would

1 T EX . P ENAL C ODE A NN . § 22.01(b)(1) (West 2019 ).2

result in the appeal being abated and the cause remanded to the trial court for further proceedings without further notice. To da te, the reporter’s record has not been filed and M s . Hays has not provided the C ourt with an explanation for h er failure to file the record. Accordingly, we abate the appeal and remand the cause to the trial court for further proceedings. See T EX . R. A PP . P. 35.3(c); 37.3(a)(2) . On remand, the trial court shall determine the following: 1. what tasks remain to complete the filing of the reporter’s record ; 2 . why Ms. Hays has not completed the necessary tasks ; 3 . what amount of time is reasonably necessary fo r the completion of those tasks ; and 4 . whether Ms. Hays can complete the tasks within the time the trial court finds reasonable. Should the trial court determine that Ms. Hays will require more than thirty days to complete, certify, and file the reporter ’ s record, it shall arrange for a substitute reporter to do so. The trial court is directed to enter such orders necessary to address the aforementioned questions. So too shall it include its findings on those matters in a supplemental clerk’s record and cause that record to be filed with this C ourt by August 16 , 2019 . Should further time be needed to perform these tasks, then same must be requested before August 16 , 2019 It is so ordered. Per Curiam Do not publish.
* Senior Judge Butzner did not participate in consideration of

this case. The opinion is filed by a quorum of the panel pursuant

to 28 U.S.C. § 46(d).

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-1157

CALVIN EARL BROWN,

Plaintiff - Appellant,

versus

WILLIAM C. GRIFFIN, JR.; CLIFTON M. EVERETT,

JR.; THOMAS S. PAYNE III, Clerk of Court;

VICKY EVERETT, Clerk of Superior Court;

NATIONSBANK OF NORTH CAROLINA, N.A.,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Greenville. Malcolm J. Howard,

District Judge. (CA-96-150)

Submitted: April 17, 1997 Decided: April 30, 1997

Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER,* Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.
2

Calvin Earl Brown, Appellant Pro Se. Charles Jerome Murray, OFFICE

OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina;

Leslie Calkins O'Toole, Alex John Hagan, SMITH, HELMS, MULLISS &

MOORE, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Appellant appeals the district court's order dismissing his

civil action. We have reviewed the record and the district court's

opinion and find no reversible error. Accordingly, we affirm the

district court's order granting Appellees' motion for summary judgment because the record reveals that the complaint fails to state

a claim upon which relief may be granted. See Fed. R. Civ. P.

12(b)(6). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

AFFIRMED
#### Johnson *against*Hunt.

A contractor for carrying the ¿’mptftott’mmi exemption ^éxpeer5ons°en1gaged conveyancetUof

an action sfrient of a court, cover 'tack a fine, the objection cannot be wllned the',hd pelir on* parade" • court-martial pointedda'y¿CTlh“t’objection before martial.

IN ERROR,..on a *certiorari*to a justice’s court-., ' ' *0 '*”

*Hunt,.*plaintiff in court below,brought an action against thé defendant below, .the present plaintiff in error, as president of a court martiaj,-to .recover back a.fine of five dollars, which had been imposed.upon,. and;-collected of, the plaintiff bé.lów, as a delinquent.' The. plaintiffj When.he appeared before the court martial, claimed an exemption, as being a. contractor to carry .the military express mail from *Canandaigua*to *Batavia,*' but he was-. not. employed. in. the actual transportation. The person ■■ 0 warned the plaintiff to attend parade, and appear before courl martial, had never received any warrant, .or power, frQua -fhe commandant pf the regiment,' to act as sergeant. This objection t was not ¡made before the court martial., the plaintiff .being ignorant of the fact. -The'justice gave judgment for the plaintiff below.,

*Per Curiam,*

The plaintiff below being a contractor for carpying the mail, did not exempt him from military duty; .' The. exemption in.the' act, (sess. 32. c. 145. s. 2.,) of all stage drivers who are employed in the care and conveyance of the mail, &c.,. evidently extends to the actual carriers, of the mail only. The objection that the sergeant, who warned the plaintiff below tp appear, on the parade, and before the ■ court martial, was not regularly, and duly appointed, cannot be made here. . If it could have been made at all, it should have, been made before the court .martial. The .plaintiff, having, appeared before the court martial, must be deemed to have waived, any irregularity in the summons.. - The sergeant was an officer, *defacto,*and, so. far as strangers aré concerned, his acts must be deemed, valid,

Judgment reversed.
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 Health and Human Services

###### Centers for Disease Control and Prevention

*Correction:*                     This notice was published in the                     **Federal Register**                     on April 29, 2009, Volume 74, Number 81, page 19564. The original notice was published with an incorrect FOA number and incorrect date.                

*Contact Person for More Information:*                     Wendy Carr, PhD, Centers for Disease Control and Prevention, 1600 Clifton Road, NE., Mailstop D60, Atlanta, GA 30333. Telephone (404) 498-2276.                

                    The Director, Management Analysis and Services Office, has been delegated the authority to sign                     **Federal Register**                     notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry.                

Dated: May 18, 2009.

Elaine L. Baker,

Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.

[FR Doc. E9-12328 Filed 5-27-09; 8:45 am]

BILLING CODE 4163-18-P
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.                  

###### Export-Import Bank of the United States

# SUMMARY:

The Sub-Saharan Africa Advisory Committee was established by Public Law 105-121, November 26, 1997, to advise the Board of Directors on the development and implementation of policies and programs designed to support the expansion of the Bank's financial commitments in Sub-Saharan Africa under the loan, guarantee and insurance programs of the Bank. Further, the committee shall make recommendations on how the Bank can facilitate greater support by U.S. commercial banks for trade with Sub-Saharan Africa.

*Time and Place:*                         June 3, 2009, at 9:30 a.m. to 12 p.m. The meeting will be held at the Export-Import Bank in Room 1143, 811 Vermont Avenue, NW., Washington, DC 20571.                    

*Agenda:*                         Presentation of recently published “U.S.-African Trade Profile” by Department of Commerce; discussion and update on the 2008 committee recommendations to U.S. Congress followed by a preliminary discussion on this year's recommendations including a possible sub-Saharan Africa special initiative; and an update on the Bank's on-going business development initiatives.                    

*Public Participation:*                         The meeting will be open to public participation, and the last 10 minutes will be set aside for oral questions or comments. Members of the public may also file written statement(s) before or after the meeting. If any person wishes auxiliary aids (such as a sign language interpreter) or other special accommodations, please contact, prior to June 3, 2009, Barbara Ransom, Room 1241, 811 Vermont Avenue, NW., Washington, DC 20571, Voice: (202) 565-3525 or TDD (202) 565-3377.                    

# FOR FURTHER INFORMATION CONTACT:

For further information, contact Barbara Ransom, Room 1241, 811 Vermont Avenue, NW., Washington, DC 20571, (202) 565-3525.

Kamil Cook,

General Counsel (Acting).

[FR Doc. E9-12321 Filed 5-27-09; 8:45 am]

BILLING CODE 6690-01-P