alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[934 NE2d 879, 908 NYS2d 146]

#### In the Matter of Elizabeth Hess, as Parent and Guardian of Jason Hess, an Infant, Respondent, v West Seneca Central School District, Appellant, et al, Respondents.

Decided September 2, 2010

*814APPEARANCES OF COUNSEL

*Baxter Smith & Shapiro, P.C.,*West Seneca *(Louis B. Dingeldey, Jr.,*of counsel), for appellant.

*Collins & Brown, LLC,*Buffalo *(Charles H. Cobb*of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and that part of claimant’s application that sought to file a late notice of claim against West Seneca Central School District (WSCSD) denied. We agree with the Appellate Division dissenters that claimant’s proposed negligence claim against WSCSD patently lacks merit because WSCSD established that it did not create or have responsibility for the allegedly hazardous condition of the intersection where claimant’s son was injured *(see Pratt v Robinson,*39 NY2d 554, 560 [1976]; *cf. Ernest v Red Cr. Cent. School Dist.,*93 NY2d 664, 671 [1999]; *see also Matter of Catherine G. v County of Essex,*3 NY3d 175, 179 [2004] [“(l)eave is not appropriate for a patently meritless claim”]).

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 NYCRR 500.11), order reversed, etc.
IV 

109TH CONGRESS 

1ST SESSION S. CON. RES. 10 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2005 

Referred to the Committee on the Judiciary 

CONCURRENT RESOLUTION 

Resolution raising awareness and encouraging prevention of 

stalking by establishing January 2006 as ‘‘National 

Stalking Awareness Month’’. 

Whereas an estimated 1,006,970 women and 370,990 men 

are stalked annually in the United States and, in the majority of such cases, the person is stalked by someone 

who is not a stranger; 

Whereas 81 percent of women who are stalked by an intimate 

partner are also physically assaulted by that partner, and 

76 percent of women who are killed by an intimate partner were also stalked by that intimate partner; 

Whereas 26 percent of stalking victims lose time from work 

as a result of their victimization and 7 percent never return to work; 

Whereas stalking victims are forced to take drastic measures 

to protect themselves, such as relocating, changing their 
2 

SCON 10 RFH 

addresses, changing their identities, changing jobs, and 

obtaining protection orders; 

Whereas stalking is a crime that cuts across race, culture, 

gender, age, sexual orientation, physical and mental ability, and economic status; 

Whereas stalking is a crime under Federal law and under the 

laws of all 50 States and the District of Columbia; 

Whereas rapid advancements in technology have made cybersurveillance the new frontier in stalking; 

Whereas there are national organizations, local victim service 

organizations, prosecutors’ offices, and police departments that stand ready to assist stalking victims and who 

are working diligently to craft competent, thorough, and 

innovative responses to stalking; 

Whereas there is a need to enhance the criminal justice system’s response to stalking and stalking victims, including 

aggressive investigation and prosecution; and 

Whereas Congress urges the establishment of January, 2006 

as National Stalking Awareness Month: Now, therefore, 

be it 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That— 

3 (1) it is the sense of Congress that— 

4 (A) National Stalking Awareness Month 

5 provides an opportunity to educate the people of 

6 the United States about stalking; 

7 (B) all Americans should applaud the ef8 forts of the many victim service providers, po-
3 

SCON 10 RFH 

1 lice, prosecutors, national and community orga2 nizations, and private sector supporters for 

3 their efforts in promoting awareness about 

4 stalking; and 

5 (C) policymakers, criminal justice officials, 

6 victim service and human service agencies, non7 profits, and others should recognize the need to 

8 increase awareness of stalking and availability 

9 of services for stalking victims; and 

10 (2) Congress urges national and community or11 ganizations, businesses in the private sector, and the 

12 media to promote, through National Stalking Aware13 ness Month, awareness of the crime of stalking. 

Passed the Senate November 10, 2005. 

Attest: EMILY J. REYNOLDS, 

Secretary.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2574 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2574

     To reduce temporarily the duty on Ethyl [4-chloro-2-fluoro-5-
    [[[[methyl(1-methylethyl)amino]sulfonyl]amino]carbonyl]phenyl] 
                               carbamate.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 30, 2009

   Mr. Bond introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
     To reduce temporarily the duty on Ethyl [4-chloro-2-fluoro-5-
    [[[[methyl(1-methylethyl)amino]sulfonyl]amino]carbonyl]phenyl] 
                               carbamate.

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

SECTION 1. ETHYL [4-CHLORO-2-FLUORO-5-[[[[METHYL(1-METHYLETHYL)AMINO]
              SULFONYL]AMINO]CARBONYL]PHENYL] CARBAMATE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      Ethyl [4-chloro-2-  5%           No change        No change        On or before 12/  ''.
                        fluoro-5-                                                          31/2011.......
                        [[[[methyl(1-
                        methylethyl)amino
                        ]sulfonyl]
                        amino]carbonyl]ph
                        enyl] carbamate
                        (CAS No. 874909-
                        61-2) (provided
                        for in subheading
                        2929.90.15)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
<PAGE>   1
                                  EXHIBIT 12.1

                       ACTION PERFORMANCE COMPANIES, INC.
                       RATIO OF EARNINGS TO FIXED CHARGES
                                  (000 OMITTED)


<TABLE>
<CAPTION>
                                                                 FISCAL YEAR ENDED SEPTEMBER 30,
                                                 ------------------------------------------------------------
                                                  1995          1996         1997         1998        1999
                                                 ------       --------    ---------    ---------    ---------
<S>                                              <C>          <C>         <C>          <C>          <C>
Income before income taxes.....................  $4,154       $  9,870    $  16,910    $  40,978    $  46,895
Fixed charges:
     Actual interest expense...................     184             80        1,871        5,228        6,831
     Interest portion of leases................     117            146          312          138          105
     Amortization of debt issuance costs.......       0              0          150          305           98
                                                 ------       --------    ---------    ---------    ---------
       Total fixed charges.....................     301            226        2,333        5,671        7,034
                                                 ------       --------    ---------    ---------    ---------
Net income as adjusted.........................  $4,455        $10,096      $19,243    $  46,649    $  53,929
                                                 ------       --------    ---------    ---------    ---------
Ratio of earnings to fixed charges.............   14.8x          44.7x         8.2x         8.2x         7.7x
                                                 ======       ========    =========    =========    =========
</TABLE>
<PAGE>
                                                                    Exhibit 32.2

Certification of Chief Financial Officer pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002

Laurel Capital Group, Inc.

In connection with the Annual Report of Laurel Capital Group, Inc. (the
"Company") on Form 10-K for the year ended June 30, 2004 as filed with the
Securities and Exchange commission on the date hereof (the "Report"), I, John A.
Howard, Jr., Senior Vice President and Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted 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 the Company as of and for the period covered by the Report.

/s/ John A. Howard, Jr.
-----------------------
John A. Howard, Jr.
Senior Vice President and Chief Financial Officer
September 28, 2004
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                       1,635,117
<SECURITIES>                                         0
<RECEIVABLES>                                1,906,987
<ALLOWANCES>                                         0
<INVENTORY>                                     92,578
<CURRENT-ASSETS>                             2,691,950
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              17,147,529
<CURRENT-LIABILITIES>                        1,725,700
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         70
<COMMON>                                         1,034
<OTHER-SE>                                   9,130,070
<TOTAL-LIABILITY-AND-EQUITY>                17,147,529
<SALES>                                      7,670,338
<TOTAL-REVENUES>                             7,670,338
<CGS>                                                0
<TOTAL-COSTS>                                7,869,811
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             818,865
<INCOME-PRETAX>                              (760,600)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (760,600)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (760,600)
<EPS-PRIMARY>                                    (.09)
<EPS-DILUTED>                                        0
        

</TABLE>
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EXHIBIT 31.2
IEA Income Fund VIII
Rule 13a-14 CERTIFICATION
     I, John Kallas, certify that:
     1. I have reviewed this quarterly report on Form 10-Q of IEA Income FundVIII (the “Registrant”);
     2. Based on my knowledge, this quarterly report does not contain anyuntrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisquarterly report;
     3. Based on my knowledge, the financial statements, and other financialinformation included in this quarterly report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theRegistrant as of, and for, the periods presented in this quarterly report;
     4. The other certifying officer of Cronos Capital Corp. (“CCC”), theGeneral Partner of the Registrant, and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the Registrant and we have:
          (a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the Registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this quarterly report is beingprepared; and
          (b) evaluated the effectiveness of the Registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, based on ourevaluation; and
          (c) disclosed in this report any change in the Registrant’s internalcontrol over financial reporting that occurred during the Registrant’s mostrecent fiscal quarter (the Registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the Registrant’s internal control over financial reporting.
     5. CCC’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theRegistrant’s auditors and the Audit Committee of Registrant’s Board ofDirectors (or persons performing the equivalent function):
          (a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely 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 otheremployees who have a significant role in the Registrant’s internal control overfinancial reporting.
Date: November 12, 2004
/s/ JOHN KALLAS
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-50507 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus NORRIS LOUIS McGRAW, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. MO-96-CV-171 USDC No. MO-93-CR-58-1

- - - - - - - - - - July 9, 1999 Before DAVIS, DUHE’, and PARKER, Circuit Judges.
PER CURIAM: * Norris Louis McGraw, federal prisoner #60689-079, appeals from the denial of his motion for relief pursuant to 28 U.S.C. § 2255. McGraw contends that trial and appellate counsel wereineffective for failing to properly challenge the vulnerablevictim adjustment to his offense level and for failing to challenge the district court’s restitution order. The district court’s finding that McGraw’s victims were vulnerable was not clearly erroneous. United States v. Leonard , 61 F.3d 1181, 1188 (5th Cir. 1995). McGraw therefore cannotNo. 97-50507 -2- prevail on his contention that trial and appellate counsel were ineffective for failing to object to the adjustment. Neither we nor the trial court granted McGraw a certificate of appealability (COA) on the issue whether trial and appellate counsel were ineffective for failing to challenge the restitution order in McGraw’s case. We therefore lack jurisdiction to consider McGraw’s contention. See Whitehead v. Johnson , 157 F.3d 384, 388 (5th Cir. 1998).
AFFIRMED.
#### State v. Johnson

Case below: 181 N.C. App. 287

No. 072P07

Def’s PDR Under N.C.G.S. § 7A-31 (COA05-1403)

Denied 03/08/07

Hudson, J., Recused
#### William J. SOUDERS, Phyllis W. Souders, C. Barry Marsh, Justin Marsh, Frank M. O’Brien, III, Teresa Marsh Foxworth, Lewis Drew Marsh, Sarah Over, Allen D. Fore, Bettye S. Marsh, Joe Easley (Personal Representative of the Estate of Alice V. Lucas), McLeod Lumber Company, Inc., Dorothy McLeod Rhodes, Helen M. Bradham, Darlington Veneer Company, Inc., Bubendorf Brothers, Inc., Susan Sheppard, James M. Simons, Michael Tappert, Elizabeth Singleton Grayson, Eugene Collins, Barbara Collins, Ralph Hoffman, John D. Hollingsworth, Jesse D. Russell, and Carole R. Russell, Plaintiffs-Appellees, v. SOUTH CAROLINA PUBLIC SERVICE AUTHORITY (also known as Santee Cooper), Defendant, and United States, Movant-Appellant. William J. Souders, Phyllis W. Souders, C. Barry Marsh, Justin Marsh, Frank M. O’Brien, III, Teresa Marsh Foxworth, Lewis Drew Marsh, Allen D. Fore, Bettye S. Marsh, Joe Easley (Personal Representative of the Estate of Alice V. Lucas), Dorothy McLeod Rhodes, Helen M. Bradham, Darlington Veneer Company, Inc., Bubendorf Brothers, Inc., Susan Sheppard, James M. Simons, Michael Tappert, Elizabeth Singleton Grayson, Eugene Collins, Barbara Collins, Ralph Hoffman, Elbert Smalls, John D. Hollingsworth, Jesse D. Russell, and Carole R. Russell, Plaintiffs-Appellees, v. South Carolina Public Service Authority (also known as Santee Cooper), Defendant, and United States, Movant-Appellant. Herbert Butler, Phyllis W. Souders, C. Barry Marsh, Justin Marsh, Mary O. Swatek, Frank Swatek, Linda H. Fore (Personal Representative of the Estate of Allen D. Fore), Bettye S. Marsh Roberts, Dorothy M. Rhodes, Helen M. Bradham, Darlington Ve*9neer Company, Bubendorf Brothers, Inc., Susan Sheppard, Hollingsworth Funds, Inc., Elizabeth S. Grayson, Ralph Hoffman, Frank M. O’Brien, III, Barbara Collins (Personal Representative of the Estate of Eugene Collins), Joe Easley (Personal Representative of the Estate of Alice V. Lucas), Elbert Smalls, Bucky Watkins, and James L. Lambert, Plaintiffs-Appellees, v. South Carolina Public Service Authority (also known as Santee Cooper), Defendant, and United States, Movant-Appellant.

Nos. 2006-1456 to 2006-1458.

United States Court of Appeals, Federal Circuit.

Sept. 29, 2006.

ON MOTION

*ORDER*

Upon consideration of the United States’ motion to voluntarily dismiss its appeals, from orders of the United States District Court for the District of South Carolina, in district court case no. 2:93-CV-3077,

IT IS ORDERED THAT:

(1) The motion is granted.

(2) All sides shall bear their own costs in appeal nos. 2006-1456, -1457, and -1458.
----

----

**EXHIBIT      32.2**

**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350**

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

| (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                Company. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
                              The Schedule contains summary financial
                              information extracted from the financial
                              statements for Eagle Insured L.P. and is qualified
                              in its entirety by reference to such financial
                              statements
</LEGEND>
<CIK>                         0000821203
<NAME>                        Eagle Insured L.P. 
<MULTIPLIER>                  1                                   
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1996  
<PERIOD-START>                                 JAN-01-1996    
<PERIOD-END>                                   SEP-30-1996 
<CASH>                                         1,228,628   
<SECURITIES>                                   0           
<RECEIVABLES>                                  30,982,439  
<ALLOWANCES>                                   0           
<INVENTORY>                                    0           
<CURRENT-ASSETS>                               950,637     
<PP&E>                                         0           
<DEPRECIATION>                                 0           
<TOTAL-ASSETS>                                 33,161,704 
<CURRENT-LIABILITIES>                          172,371     
<BONDS>                                        0           
<PREFERRED-MANDATORY>                          0           
<PREFERRED>                                    0           
<COMMON>                                       0           
<OTHER-SE>                                     32,989,333  
<TOTAL-LIABILITY-AND-EQUITY>                   33,161,704  
<SALES>                                        0           
<TOTAL-REVENUES>                               2,163,943   
<CGS>                                          0           
<TOTAL-COSTS>                                  0           
<OTHER-EXPENSES>                               152,379     
<LOSS-PROVISION>                               0           
<INTEREST-EXPENSE>                             0           
<INCOME-PRETAX>                                2,011,564   
<INCOME-TAX>                                   0           
<INCOME-CONTINUING>                            0           
<DISCONTINUED>                                 0           
<EXTRAORDINARY>                                0           
<CHANGES>                                      0           
<NET-INCOME>                                   2,011,564   
<EPS-PRIMARY>                                  .70         
<EPS-DILUTED>                                  0           
                                               

</TABLE>