alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Katan Group, LLC, Appellant, v CPC Resources et al., Respondents, et al., Defendants.

[975 NYS2d 345]

Appeal from order, Supreme Court, New York County (Eileen Bransten, J.), entered October 3, 2012, which, inter alia, granted defendants’ motion to dismiss the complaint, unanimously dismissed, without costs.

Plaintiff defaulted on defendants’ motion to dismiss and for attorneys’ fees. When the IAS court allowed plaintiff additional time to put in opposition papers in lieu of a default, plaintiff instead submitted an amended complaint with completely new allegations and claims. The IAS court ruled this a default. Plaintiff may not appeal an order entered on default *(see*CPLR 5511; *Batra v State Farm Fire & Cas. Co.,*205 AD2d 480 [1st Dept 1994]). Plaintiff took no appeal from the corrected order of the court dated November 9, 2012. This Court may review a subsequent order under CPLR 5517 (b); however, because the order appealed from was not appealable as of right, the subsequent November 9 order is not properly before us *(id.).*
      *522Concur — Mazzarelli, J.P., Saxe, Moskowitz, DeGrasse and Gische, JJ.
The District Court of the 4th Judicial District. County of Missoula.

#### STATE OF MONTANA, Plaintiff, vs. VINCENT L. TAYLOR, Defendant.

CAUSE NO. DC-99-13718 DECISION

On December 31, 2009, the defendant was sentenced to a commitment to the Department of Corrections for a term of five (5) years, for violation of the conditions of a suspended sentence, for the offense of Forgery-Common Scheme, a felony. This sentence shall run concurrently with the sentence imposed in Cause No. DC-99-13838. The defendant shall receive no credit for “street time” and shall receive credit for time served in the amount of sixty-two (62) days.

On May 6,2010, the defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The defendant was present and was advised of his right to be represented by counsel. The state was not represented.

Before hearing the application, the defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also increase it. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.

Rule 17 of the Rules of the Sentence Review Division of the Supreme Court *53of Montana provides that “the sentence imposed by the District Court is presumed correct, and the sentence will not be reduced or increased unless it is deemed clearly inadequate or excessive.” (§46-18-904(3), MCA).

The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is inadequate or excessive.

Therefore, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed.

Done in open Court this 6th day of May, 2010.

DATED this 26th day of May, 2010.

Chairperson, Hon. Blair Jones, Member, Hon. Richard Simonton and Member, Hon. Ray Dayton.
[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Page 24849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12087]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-1133-000]


Palmco Power PA, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204 
Authorization

May 18, 2009.
    This is a supplemental notice in the above-referenced proceeding, 
of Palmco Power PA, LLC's application for market-based rate authority, 
with an accompanying rate schedule, noting that such application 
includes a request for blanket authorization, under 18 CFR part 34, of 
future issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, in accordance with Rules 211 and 214 of the 
Commission's Rules of Practice and Procedure (18 CFR 385.211 and 
385.214). Anyone filing a motion to intervene or protest must serve a 
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with 
regard to the applicant's request for blanket authorization, under 18 
CFR part 34, of future issuances of securities and assumptions of 
liability is June 8, 2009.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet 
access who will eFile a document and/or be listed as a contact for an 
intervenor must create and validate an eRegistration account using the 
eRegistration link. Select the eFiling link to log on and submit the 
intervention or protests.
    Persons unable to file electronically should submit an original and 
14 copies of the intervention or protest to the Federal Energy 
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in 
the Commission's eLibrary system by clicking on the appropriate link in 
the above list. They are also available for review in the Commission's 
Public Reference Room in Washington, DC. There is an eSubscription link 
on the Web site that enables subscribers to receive e-mail notification 
when a document is added to a subscribed docket(s). For assistance with 
any FERC Online service, please e-mail <a href="/cdn-cgi/l/email-protection#286e6d7a6b67464441464d7b5d5858475a5c684e4d5a4b064f475e"><span class="__cf_email__" data-cfemail="bbfdfee9f8f4d5d7d2d5dee8cecbcbd4c9cffbdddec9d895dcd4cd">[email protected]</span></a>. or 
call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-12087 Filed 5-22-09; 8:45 am]
BILLING CODE 6717-01-P


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##### 



Exhibit 31.2 Sarbanes-Oxley Section 302 Certification I, Gino Chouinard, certify that: 1. I have reviewed this quarterly report on Form 10-Q of HearUSA, Inc.; 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 officer 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 we 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
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
evaluations; andc)
    
    Disclosed in this report any change in the registrants
internal control over financial reporting that occurred during the
registrants most recent fiscal quarter (the registrants fourth
fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and 5. The registrants other certifying officer 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 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; andb)
    
    Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal
control over financial reporting. Date: November 9, 2004 /s/Gino ChouinardGino ChouinardChief Financial Officer
**EXHIBIT 23.01****CONSENT OF ERNST & YOUNG LLP, INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**We consent to the incorporation by reference in the following Registration Statements:(1) Registration Statement (Form S-3 No. 33-93580) of Martek Biosciences Corporation, (2) Registration Statement (Form S-3 No. 333-34460) of Martek Biosciences Corporation, (3) Registration Statement (Form S-3 No. 333-57176) of Martek Biosciences Corporation, (4) Registration Statement (Form S-3 No. 333-76750) of Martek Biosciences Corporation, (5) Registration Statement (Form S-3 No. 333-87934) of Martek Biosciences Corporation, (6) Registration Statement (Form S-3 No. 333-106953) of Martek Biosciences Corporation, (7) Registration Statement (Form S-3 No. 333-108825) of Martek Biosciences Corporation, (8) Registration Statement (Form S-3 No. 333-115706) of Martek Biosciences Corporation, (9) Registration Statement (Form S-3ASR No. 333-147963) of Martek Biosciences Corporation, (10) Registration Statement (Form S-8 No. 33-79222) pertaining to the Martek BiosciencesCorporation Stock Option Plan, Martek Biosciences Corporation Directors’ Stock Option Plan andMartek Biosciences Corporation 401(k) Retirement Savings Plan, (11) Registration Statement (Form S-8 No. 333-46949) pertaining to the Martek BiosciencesCorporation 1997 Employee Stock Option Plan, (12) Registration Statement (Form S-8 No. 333-27671) pertaining to the Martek BiosciencesCorporation 1997 Stock Option Plan, (13) Registration Statement (Form S-8 No. 333-84317) pertaining to the Martek BiosciencesCorporation 1997 Stock Option Plan, as amended, (14) Registration Statement (Form S-8 No. 333-52298) pertaining to the Martek BiosciencesCorporation 1997 Stock Option Plan, as amended, (15) Registration Statement (Form S-8 No. 333-74092) pertaining to the Martek BiosciencesCorporation 2001 Stock Option Plan, (16) Registration Statement (Form S-8 No. 333-85856) pertaining to the Martek BiosciencesCorporation 2002 Stock Incentive Plan, (17) Registration Statement (Form S-8 No. 333-87016) pertaining to the OmegaTech, Inc. 1996 StockOption Plan and a Non Statutory Stock Option Agreement between OmegaTech, Inc. and MarkBraman, (18) Registration Statement (Form S-8 No. 333-105555) pertaining to the Martek BiosciencesCorporation 2002 Stock Incentive Plan, as amended, (19) Registration Statement (Form S-8 No. 333-117671) pertaining to the Martek BiosciencesCorporation 2004 Stock Incentive Plan and the Martek Biosciences Corporation 2003 New EmployeeStock Option Plan, (20) Registration Statement (Form S-8 No. 333-125802) pertaining to the Martek BiosciencesCorporation Amended and Restated 2004 Stock Incentive Plan, and (21) Registration Statement (Form S-8 No. 333-137633) pertaining to the Martek BiosciencesCorporation Amended and Restated 2004 Stock Incentive Planof our reports dated December 21, 2007, with respect tothe consolidated financial statements and schedule of Martek Biosciences Corporation and the effectiveness of Martek BiosciencesCorporation’s internal control over financial reporting included in this Annual Report (Form 10-K) for the year ended October 31, 2007./s/ Ernst & Young LLPMcLean, Virginia
[934 NE2d 877, 908 NYS2d 144]

#### Sapphire Simmons, an Infant, by Her Mother and Natural Guardian, Rosemary Simmons, et al., Appellants, v Vito Sacchetti et al., Respondents, et al., Defendant.

Decided August 31, 2010

*798APPEARANCES OF COUNSEL

*Law Offices of Arnold E. DiJoseph, P.C.,*New York City *(Arnold E. DiJoseph, III,*of counsel), for appellants.

*Law Office of Max W. Gershweir,*New York City *(Max W. Gershweir*of counsel), for Vito Sacchetti and another, respondents.

*Molod Spitz & DeSantis, P.C.,*New York City *(Marcy Sonneborn*of counsel), for Ambassador Fuel and Oil Burner Corp., respondent.

*Wilson, Elser, Moskowitz, Edelman & Dicker LLP,*White Plains *(Debra A. Adler*of counsel), for F&B Fuel Oil Co., Inc., respondent.

*Stuart W. Lawrence,*New York City, for Met Council, Inc. and another, amici curiae.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, without costs, by denying the motion of defendants Vito Sacchetti and TMS Management Company for summary judgment in the entirety and the motion of defendant Ambassador Fuel and Oil Burner Corp. insofar as it sought to dismiss the cross claims against it and, as so modified, affirmed.

Triable issues of fact exist as to whether defendants Sacchetti and TMS negligently failed to maintain the apartment building’s boiler and domestic hot water system in a reasonably safe condition and whether the negligence of those defendants proximately caused the infant plaintiffs injuries. Issues of fact also exist as to whether the conduct of the infant plaintiff’s mother and brother constituted a superseding cause of her injuries. However, the record establishes as a matter of law that defendant Ambassador did not violate any duty owed to plaintiffs.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCKR 500.11), order modified, etc.
Exhibit 10.1 - Trust Agreement





EXHIBIT 10.1

June 1, 2007

DARLINGTON MINES LTD. 

1019 Drayton Street

North Vancouver, British Columbia

Canada V7L 2V7



Ladies and Gentlemen:



RE: Gem Claims, BC

     Pursuant to an agreement between Darlington Mines Ltd. and Michelle Masich dated June 1, 2007, Michelle Masich, the owner of the claims, will hold in trust for Darlington Mines Ltd., a 100% undivided interest in the subject claims under the terms of the agreement:


	  	  	Number of  	Date of  
	Tenure No.  	Document Description  	Units or Cells  	Expiration  
	568024  	Gem  	12  	October 16, 2008  




     Michelle Masich will deliver full title on demand to Darlington Mines Ltd. when all terms and conditions have been met regarding the aforementioned agreement.

Yours truly,

MICHELLE MASICH

Michelle Masich
[Federal Register Volume 74, Number 101 (Thursday, May 28, 2009)]
[Notices]
[Pages 25583-25584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12384]


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

NUCLEAR REGULATORY COMMISSION


Advisory Committee on Reactor Safeguards (ACRS); Meeting of the 
ACRS Subcommittee on ESBWR; Notice of Meeting

    The ACRS Subcommittee on the Economic Simplified Boiling Water 
Reactor (ESBWR) will hold a meeting on June 17-18, 2009, 11545 
Rockville Pike, Room T2-B3 Rockville, Maryland.
    The entire meeting will be open to public attendance, with the 
exception of a portion that may be closed to protect information that 
is proprietary to General Electric--Hitachi Nuclear Americas, LLC (GEH) 
and its contractors pursuant to 5 U.S.C. 552b(c)(4).
    The agenda for the subject meeting shall be as follows:

Wednesday, June 17, 2009-8:30 a.m.-5 p.m.
Thursday, June 18, 2009-8:30 a.m.-5 p.m.
    The Subcommittee will review the resolution of Open Items 
associated with ESBWR design certification related to containment 
issues and review the Safety Evaluation Report with Open Items 
associated with the North Anna Combined License Application referencing 
the ESBWR design. The Subcommittee will hear presentations

[[Page 25584]]

by and hold discussions with representatives of the NRC staff, GEH, 
Dominion, and other interested persons regarding this matter. The 
Subcommittee will gather information, analyze relevant issues and 
facts, and formulate proposed positions and actions, as appropriate, 
for deliberation by the full Committee.
    Members of the public desiring to provide oral statements and/or 
written comments should notify the Designated Federal Official, 
Christopher Brown, (Telephone: 301-415-7111) five days prior to the 
meeting, if possible, so that appropriate arrangements can be made. 
Electronic recordings will be permitted only during those portions of 
the meeting that are open to the public. Detailed procedures for the 
conduct of and participation in ACRS meetings were published in the 
Federal Register on October 6, 2008 (73 FR 58268-58269).
    Further information regarding this meeting can be obtained by 
contacting the Designated Federal Official between 6:45 a.m. and 3:30 
p.m. (ET). Persons planning to attend this meeting are urged to contact 
the above named individual at least two working days prior to the 
meeting to be advised of any potential changes to the agenda.

    Dated: May 22, 2009.
Cayetano Santos,
Chief, Reactor Safety Branch A, Advisory Committee on Reactor 
Safeguards.
[FR Doc. E9-12384 Filed 5-27-09; 8:45 am]
BILLING CODE 7590-01-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.                  

###### Small Business Administration

          - [Disaster Declaration #11707 and #11708]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 4.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for the State of North Dakota (FEMA-1829-DR), dated 04/10/2009.

*Incident:*                         Severe Storms and Flooding.                    

*Incident Period:*                         03/13/2009 and continuing.                    

# DATES:

Effective Date: 05/18/2009.

*Physical Loan Application Deadline Date:*                         08/10/2009.                    

*EIDL Loan Application Deadline Date:*                         01/11/2010.                    

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for the State of North Dakota, dated 04/10/2009 is hereby amended to extend the deadline for filing applications for physical damages as a result of this disaster to 08/10/2009.

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Roger B. Garland,

Acting Associate Administrator for Disaster Assistance.

[FR Doc. E9-12266 Filed 5-26-09; 8:45 am]

BILLING CODE 8025-01-P
-  Home 
        -  Research & Funding 
        -  Technology Advancement & Transfer 
        -  Research Materials & Licensing 
        -  DNA sequence acting as an insulator for the effects of cis-acting regulatory elements 

View Research Materials

# DNA sequence acting as an insulator for the effects of cis-acting regulatory elements

A newly characterized chromatin insulator element isolated from the DNA of a higher eukaryotic organism and contained in vector constructs is described. The insulator element of the invention comprises a DNA sequence which contains a 5' constitutive hypersensitive site whose functional activity and biochemical characterization as a pure insulator were previously unknown. A core DNA sequence having strong insulator activity is described. The insulator element, including the core sequence, have been demonstrated for the first time in mammalian cells to function to buffer or insulate an expressed gene from the activity of cis-acting regulatory elements, such as enhancers, in the surrounding chromatin or DNA. (US Patent 5,610,053)

### Resource Details

Resource Link:http://www.pnas.org/content/101/23/8620.long

NIDDK Contact:tao@niddk.nih.gov

Principal Investigator(s):Felsenfeld, Gary

Acronym/Short Name:            5′-HS4 chicken β-globin insulator        

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II 

111TH CONGRESS 

1ST SESSION S. 2511 

To suspend temporarily the duty on Grilbond IL 6–50%F. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

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

to the Committee on Finance 

A BILL 

To suspend temporarily the duty on Grilbond IL 6–50%F. 

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

3 SECTION 1. GRILBOND IL 6–50%F. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 N,N′-(methylenedi-p-phenylene)bis[hexahydro-2-oxo1H-azepine-1-carboxamide 

(CAS No. 54112–23–1) (provided for in subheading 

2933.79.15) ........................... Free No change No change On or before 

12/31/2011 ’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•S 2511 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to articles entered, or withdrawn 

3 from warehouse for consumption, on or after the 15th day 

4 after the date of the enactment of this Act. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

Brian K. Zahra

David F. Viviano

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh

Elizabeth M. Welch,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

March 24, 2021

t0317 

# Order

Clerk March 24, 2021

161271

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 161271

COA: 352365

Wayne CC: 19

- 001511

- FH

DEBORAH TAITT,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the April 17, 2020 order

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded

that the questions presented should be reviewed by this Court.