alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Claim of Dana T. Strang, Appellant. Memory Gardens, Inc., Respondent; Commissioner of Labor, Respondent.

[978 NYS2d 395]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 21, 2012, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant, an administrative assistant, was discharged from her employment for violating the employer’s written policy prohibiting the obtaining of confidential information pertaining to its business affairs and sharing such information with former employees. Following a hearing, the Administrative Law Judge upheld the initial determination disqualifying claimant from receiving unemployment insurance benefits on the basis that she lost her employment due to misconduct. The Unemployment Insurance Appeal Board affirmed, prompting this appeal.

We affirm. “An employee’s violation of an employer’s reasonable policy, which has a detrimental effect on the employer’s interest, has been found to constitute disqualifying misconduct” *(Matter of Sutton [Albany Med. Ctr.*— Commissioner *of Labor],*84 AD3d 1621, 1622 [2011] [citations omitted]; *see Matter of Cheek [Commissioner of Labor],*89 AD3d 1313, 1313 [2011]). Here, claimant acknowledged that she was aware of the policy regarding confidential information. Further, she admitted to relaying information to a former employee about the employer’s contemplated actions concerning that employee’s application for unemployment insurance benefits. The employer’s director testified that claimant told him that she obtained the information by listening in on his conversation with the firm handling the unemployment insurance claim. Claimant’s contention to the contrary presented a credibility determination for the Board to *1255resolve *(see Matter of Song [Commissioner of Labor],*105 AD3d 1241, 1241 [2013]; *Matter of Hernandez [Commissioner of Labor],*98 AD3d 1185, 1185 [2012]). In our view, substantial evidence supports the Board’s decision that claimant’s conduct violated the employer’s policies and was detrimental to its interest *(see Matter of Cedrone [Warren County Head Start ACC Childcare Ctr.*— Commissioner *of Labor],*69 AD3d 1251, 1252 [2010]; *Matter of Rennert [Commissioner of Labor],*45 AD3d 1098, 1098 [2007]). Therefore, we find no basis to disturb the Board’s decision.

Rose, J.E, Lahtinen, Stein and McCarthy, JJ., concur. Ordered that the decision is affirmed, without costs.
II 

109TH CONGRESS 

1ST SESSION S. 82 

For the relief of Robert J. Bancroft, of Newport, Washington, to permit 

the payment of backpay for overtime incurred in missions flown with 

the Drug Enforcement Agency. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. CRAIG introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

For the relief of Robert J. Bancroft, of Newport, Washington, to permit the payment of backpay for overtime 

incurred in missions flown with the Drug Enforcement 

Agency. 

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

3 SECTION 1. ENTITLEMENT TO BACKPAY. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, the claim for backpay of Robert J. Bancroft, 

6 of Newport, Washington, for overtime pay for missions 

7 flown as a part of operation SNOWCAP in South America 

8 during the period of February 10, 1992 through February 
2 

S 82 IS

1 20, 1994 shall be deemed to have been timely filed for 

2 purposes of section 5596 of title 5, United States Code. 

3 (b) INTEREST.—Robert J. Bancroft shall be entitled 

4 to interest on any overtime pay award awarded under this 

5 Act accrued from the date the overtime pay was due. 

Æ
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     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET, CONSOLIDATED STATEMENT OF OPERATIONS AND
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THE SIX MONTHS ENDING JUNE 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
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**Exhibit32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER**

 

I, Kenneth R. Posner, President and Chief Executive Officer, inconnection with the Report on Form 10-Q of Angelo and Maxie’s, Inc. for thequarterly period ended March 29, 2004, hereby certify in accordance with 18U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that:

 

1)              The accompanyingReport of Angelo and Maxie’s, Inc. on Form 10-Q for the quarterly period endedMarch 29, 2004 fully complies with the requirements of Section 13(a) or 15(d)of the Securities Exchange Act of 1934; and

2)              The informationcontained in such Report fairly presents, in all material respects, thefinancial condition and results of operations of Angelo and Maxie’s, Inc.

 
|   | /s/ KENNETH R. POSNER                 |   |
|--------|---------------------------------------|--------|
|   | Kenneth R. Posner                     |
|   | President and Chief Executive Officer |
|   | Dated:  May 13, 2004             |

 

A signed original of this written statement required by Section 906 hasbeen provided to Angelo and Maxie’s, Inc. and will be retained by Angelo andMaxie’s, Inc. and furnished to the Securities and Exchange Commission or itsstaff upon request.

 

1

----
#### In the Matter of State of New York, Respondent, v Nelson D., Appellant.

[966 NYS2d 864]

—In a proceeding pursuant to Mental Hygiene Law article 10, Nelson D., a sex offender allegedly requiring civil management, appeals from an order of the Supreme Court, Kings County (Ozzi, J.), dated December 16, 2011, which, upon a finding, made after a jury trial, that he suffers from a mental abnormality as defined in Mental Hygiene Law § 10.03 (i), and upon a determination, made after a dispositional hearing, that he currently is a dangerous sex offender requiring confinement, in effect, granted the petition and directed that he be committed to a secure treatment facility for care, treatment, and control until such time as he no longer requires confinement.

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

Contrary to the appellant’s contentions, the jury’s verdict that he suffered from a mental abnormality was supported by a fair interpretation of the evidence and, thus, was not contrary to the weight of the evidence *(see*Mental Hygiene Law §§ 10.03 [i]; 10.07 [a]; *Matter of State of New York v Andre L.,*84 AD3d 1248, 1249-1250 [2011]; *Matter of State of New York v Shawn X.,*69 AD3d 165, 169 [2009]).

Furthermore, the Supreme Court properly found, after the dispositional hearing, by clear and convincing evidence, that the appellant is a dangerous sex offender requiring confinement rather than strict and intense supervision *(see*Mental Hygiene Law § 10.07 [f]; *Matter of State of New York v Andre L.,*84 AD3d at 1250; *Matter of State of New York v Clarence D.,*82 AD3d 776, 777-778 [2011]).

*969The appellant’s remaining contention is without merit.

Mastro, J.E, Rivera, Chambers and Miller, JJ., concur.
This memorandum opinion was not selected for publication in the New Mexico Reports. Please 1 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 2 Please also note that this electronic memorandum opinion may contain computer-generated 3 errors or other deviations from the official paper version filed by the Court of Appeals and does 4 not include the filing date. 5 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 6 STATE OF NEW MEXICO, 7 Plaintiff-Appellee, 8 v. No. 30,209 9 HAL RAYMOND SNIDER, III, 10 Defendant-Appellant. 11 APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY 12 Gary L. Clingman, District Judge 13 Gary K. King, Attorney General 14 Santa Fe, NM 15 for Appellee 16 Templeman & Crutchfield, PA 17 Barry C. Crutchfield 18 Lovington, NM 19 for Appellant 20 MEMORANDUM OPINION 21 SUTIN, Judge. 222 Summary affirmance was proposed for the reasons stated in the notice of 1 proposed summary disposition. No memorandum opposing summary affirmance has 2 been filed and the time for doing so has expired. 3 AFFIRMED. 4 IT IS SO ORDERED. 5

__________________________________ 6 JONATHAN B. SUTIN, Judge 7 WE CONCUR: 8

_________________________________ 9 CYNTHIA A. FRY, Chief Judge 10

_________________________________ 11 MICHAEL D. BUSTAMANTE, Judge 12
S. Con. Res. 112 Agreed to July 29, 2006

One Hundred Ninth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the third day of January, two thousand and six

Concurrent Resolution

Resolved by the Senate (the House of Representatives concurring), That in the enrollment of the bill, S. 3693, the Secretary

of the Senate shall insert ‘‘or reentries’’ after ‘‘States, reentry’’

in section 212(a)(9)(C)(iii)(II) of the Immigration and Nationality

Act, as added by section 6(b)(1)(C) of the bill.

Attest:

Secretary of the Senate.

Attest:

Clerk of the House of Representatives.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-6718

ANTHONY T. HAYWARD,

Plaintiff - Appellant,

versus

EDWARD G. MURRAY; P. A. TERRANGI, Warden; DOCTOR HENCEROTH; H. D. UNDERWOOD, R.N.; C. HARVIN; F. WILSON; MICHAEL PFEIFFER; ROSCOE RAMSEY; J. WEBSTER; DOCTOR ONG; PIERRE D. LORD;

K. HAMLIN, R.N.; E. SHAW, L.P.N.; A. EVANS,

L.P.N.; B. EASTER, L.P.N.; E. POWELL, Captain;

DOCTOR MARSHALL; CO NEWSOME; CLARENCE BURGESS,

Lieutenant; J. A. SMITH, R.A.; R. B. KESSLER,

M.A.,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior

District Judge. (CA-94-1239-AM)

Submitted: August 27, 1996 Decided: September 13, 1996

Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Anthony T. Hayward, Appellant Pro Se. Lance Bradford Leggitt,

OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia;

Carlyle Randolph Wimbish, III, SANDS, ANDERSON, MARKS & MILLER,

Richmond, Virginia; Jeff Wayne Rosen, ADLER, ROSEN & PETERS, P.C.,

Virginia Beach, Virginia, for Appellees.
2
3

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Appellant appeals from the district court's order denying

relief on his 42 U.S.C. § 1983 (1988) complaint. We have reviewed

the record and the district court's opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. Hayward v. Murray, No. CA-94-1239-AM (E.D. Va. Apr. 18,

1995). We deny Appellant's motions for oral argument and for the

appointment of counsel because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

January 8, 2008 Clifford W. Taylor, Chief Justice
134945 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 134945 COA: 268490 Kent CC: 04-010944-FH JEROME ROMEY SUEING, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the August 16, 2007 judgment of the Court of Appeals is cons idered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

t1217 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

January 8, 2008

Clerk
```

[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Pages 25735-25736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12550]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-8593-8]

Environmental Impacts Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General 
Information (202) 564-7167 or http://www.epa.gov/compliance/nepa/. 
Weekly receipt of Environmental Impact Statements filed 05/18/2009 
through 05/22/2009, pursuant to 40 CFR 1506.9.

EIS No. 20090168, Final EIS, AFS, CO, Hermosa Landscape Grazing 
Analysis Project, Proposes to Continue to Authorize Livestock Grazing 
Cascade Reservoir, Dutch Creek, Elbert Creek, Hope Creek South Fork, 
and Upper Hermosa Allotments, Columbine Ranger District, San Juan 
National Forest, La Plata and San Juan Counties, CO, Wait Period Ends: 
06/29/2009, Contact: Cam Hooley 970-884-1414.
EIS No. 20090169, Final Supplement, FHW, MO, Interstate 70 Corridor 
Improvements, Kansas City to St. Louis, Updated Information, Evaluates 
if a Truck-Only Lane Strategy is Viable, Kansas City to St. Louis, MO, 
Wait Period Ends: 06/29/

[[Page 25736]]

2009, Contact: Peggy Casey 573-636-7104.
EIS No. 20090170, Draft EIS, FHW, WI, Zoo Interchange Corridor Study, 
Reconstruction to I-94 from 70th Street to 124 Street and on US 45 from 
Burleigh Street to I-894/US 45 and Lincoln Avenue in Milwaukee County, 
WI, Comment Period Ends: 07/13/2009, Contact: Allen Radlifff 608-829-
7500.
EIS No. 20090171, Draft EIS, NOA\SFW, WA, PROGRAMMATIC--Lower Duwamish 
River Natural Resource Damage Assessment (NRDA) Restoration Plan, 
Implementation, King County, WA, Comment Period Ends: 07/28/2009, 
Contact: Patricia Montanio 301-713-2325.

    Department of the Commerce's/NOA and the Department of Interior's/
SFW are Joint Lead Agencies on this project.

EIS No. 20090172, Final EIS, NOA, CA, Southwest Fisheries Science 
Center Replacement, Construction and Operation, located on University 
of California, La Jolla, CA, Wait Period Ends: 06/29/2009, Contact: 
William F. Broglie 301-713-0836.
EIS No. 20090173, Draft EIS, UCG, 00, Goethals Bridge Replacement 
Project, Construction of Bridge across the Arthur Kill between Staten 
Island New York and Elizabeth, New Jersey, Funding and USCG Bridge 
Permit, NY and NJ, Comment Period Ends: 07/13/2009, Contact: Shelly 
Sugarman 202-372-1521.
EIS No. 20090174, Final EIS, FHW, CA, Schuyler Heim Bridge Replacement 
and SR-47 Expressway Improvement Project, New Information related to 
Health Risk Associated with Air Toxics, Funding, US Coast Guard Bridge 
Permit, US Army COE Section 10 and 404 Permits, Ports of Long Beach and 
Los Angeles, Los Angeles County, CA, Wait Period Ends: 06/29/2009, 
Contact: Cesar Perez 916-498-5065.

    Dated: June 26, 2009.
Ken Mittelholtz,
Environmental Protection Specialist, Office of Federal Activities.
[FR Doc. E9-12550 Filed 5-28-09; 8:45 am]
BILLING CODE 6560-50-P
```
#### In the Matter of Oscar Cintron, Appellant, v Judith A. Calogero, as Commissioner of the Division of Housing and Community Renewal of the State of New York, Respondent.

Submitted August 2, 2010;

decided August 26, 2010

Motion by Met Council, Inc. for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served and 24 copies filed within seven days.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AT JUNE 30, 1999 (UNAUDITED) AND THE STATEMENT OF OPERATIONS FOR THE
QUARTERLY PERIOD ENDED JUNE 30, 1999 (UNAUDITED) AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS INCLUDED AS PART OF ITS
QUARTERLY REPORT ON FORM 10-Q FOR THE PERIOD JUNE 30, 1999.
</LEGEND>

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II 

109TH CONGRESS 

1ST SESSION S. 55 

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

of Colorado. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. ALLARD introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To adjust the boundary of Rocky Mountain National Park 

in the State of Colorado. 

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 ‘‘Rocky Mountain Na5 tional Park Boundary Adjustment Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) FEDERAL PARCEL.—The term ‘‘Federal 

9 parcel’’ means the parcel of approximately 70 acres 
2 

•S 55 IS 

1 of Federal land near MacGregor Ranch, Larimer 

2 County, Colorado, as depicted on the map. 

3 (2) MAP.—The term ‘‘map’’ means the map 

4 numbered 121/80,154, dated June 2004. 

5 (3) NON-FEDERAL PARCELS.—The term ‘‘non6 Federal parcels’’ means the 3 parcels of non-Federal 

7 land comprising approximately 5.9 acres that are lo8 cated near MacGregor Ranch, Larimer County, Col9 orado, as depicted on the map. 

10 (4) PARK.—The term ‘‘Park’’ means Rocky 

11 Mountain National Park in the State of Colorado. 

12 SEC. 3. ROCKY MOUNTAIN NATIONAL PARK BOUNDARY AD13 JUSTMENT. 

14 (a) EXCHANGE OF LAND.— 

15 (1) IN GENERAL.—The Secretary shall accept 

16 an offer to convey all right, title, and interest in and 

17 to the non-Federal parcels to the United States in 

18 exchange for the Federal parcel. 

19 (2) CONVEYANCE.—Not later than 60 days 

20 after the date on which the Secretary receives an 

21 offer under paragraph (1), the Secretary shall con22 vey the Federal parcel in exchange for the non-Fed23 eral parcels. 

24 (3) CONSERVATION EASEMENT.—As a condition 

25 of the exchange of land under paragraph (2), the 
3 

•S 55 IS 

1 Secretary shall reserve a perpetual easement to the 

2 Federal parcel for the purposes of protecting, pre3 serving, and enhancing the conservation values of 

4 the Federal parcel. 

5 (b) BOUNDARY ADJUSTMENT; MANAGEMENT OF

6 LAND.—On acquisition of the non-Federal parcels under 

7 subsection (a)(2), the Secretary shall— 

8 (1) adjust the boundary of the Park to reflect 

9 the acquisition of the non-Federal parcels; and 

10 (2) manage the non-Federal parcels as part of 

11 the Park, in accordance with any laws (including 

12 regulations) applicable to the Park. 

Æ