alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**1047 KA 13-00311**  PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, AND DEJOSEPH, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

JOSEPH FISHER, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT B. HALLBORG, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. SMALL OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered April 24, 2009. The judgment convicted defendant, upon his plea of guilty, of felony driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, felony driving while intoxicated (Vehicle and Traffic Law §§ 1192 [3]; 1193 [1] [c] [ii]). He was originally sentenced to a term of incarceration, but Supreme Court thereafter granted that part of defendant’s motion pursuant to CPL article 440 to set aside the sentence. The court resentenced him to six months’ incarceration, which by that time had been served, and a term of probation of five years. In appeal No. 2, defendant appeals from a judgment revoking that probation and imposing a sentence of incarceration.

Defendant failed to preserve for our review his contention in appeal No. 1 that he was deprived of counsel of his choice at sentencing, inasmuch as “defendant did not voice any objection to his attorney’s application to be relieved as defense counsel” ( People v Tineo , 64 NY2d 531, 536; see People v Sims , 105 AD3d 415, 416, lv denied 21 NY3d 1009), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see Sims
, 105 AD3d at 416). His contentions with respect to the original sentence were rendered moot by the order setting aside that sentence and resentencing defendant ( see generally People v Clayton , 38 AD3d 1131, 1131-1132, lv denied 9 NY3d 841).**-2- 1047 KA 13-00311** 
We reject defendant’s contention in appeal No. 2 that the sentence imposed upon the revocation of his probation is unduly harsh and severe.

Entered: February 6, 2015 Frances E. Cafarell Clerk of the Court
<PAGE>   1

                                                                     EXHIBIT 21

SUBSIDIARIES OF FALCON DRILLING COMPANY, INC.

Double Eagle Marine, Inc. (Louisiana)

Eilert-Olsen Investments, Inc. (Texas)

Falcon Drilling Management, Inc. (Delaware)

Falcon Inland, Inc. (Delaware)

Falcon Offshore, Inc. (Delaware)

Falcon Services Company, Inc. (Delaware) (Also d/b/a Falcon Drilling Company)

Falcon Workover Company, Inc. (Delaware) (Also d/b/a Blake Workover & Drilling
   Company)

Falcon Drilling Holdings, L.P. (Delaware)

Falcon Drilling De Venezuela, Inc. (Delaware)

Falcon Atlantic Ltd. (Cayman Islands)

Falcon Drilling (S.E.A.) Pte. Ltd. (Singapore)

Falcon Drilling Do Brasil, Ltda. (Brazil)

Falrig Offshore (USA), L.P. (Delaware)

Falrig Offshore Partners (Texas)

Falrig Offshore, Inc. (Delaware)

Kestrel Offshore, Inc. (Delaware)

Perforaciones Falrig De Venezuela C.A. (Venezuela)

Raptor Exploration Co., Inc. (Delaware)
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1996             SEP-30-1995
<PERIOD-START>                             APR-01-1997             APR-01-1996
<PERIOD-END>                               JUN-30-1997             JUN-30-1996
<CASH>                                         946,513                 364,958
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  147,980                  63,350
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                             1,145,264                 435,230
<PP&E>                                       1,111,421               1,111,422
<DEPRECIATION>                               (299,382)               (172,481)
<TOTAL-ASSETS>                               1,957,303               1,374,171
<CURRENT-LIABILITIES>                          161,104                  34,773
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        35,900                  35,900
<OTHER-SE>                                   1,760,299               1,276,160
<TOTAL-LIABILITY-AND-EQUITY>                 1,957,303               1,374,171
<SALES>                                              0                       0
<TOTAL-REVENUES>                               541,994                 492,171
<CGS>                                                0                       0
<TOTAL-COSTS>                                  435,780                 361,421
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                      0                       0
<INCOME-TAX>                                         0                  40,100
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   106,214                  90,650
<EPS-PRIMARY>                                        0                       0
<EPS-DILUTED>                                        0                       0
        

</TABLE>
Fourth Court of Appeals

San Antonio, Texas

September 7, 2022

No. 04-21-00554-CV

COMPLEX REHAB TECHNOLOGIES, LLC,

Appellant

v.

Tomas MOLINA,

Appellee

From the 73rd Judicial District Court, Bexar County, Texas

Trial Court No. 2020CI23933

Honorable Cynthia Marie Chapa, Judge Presiding

O R D E R

Sitting: Patricia O. Alvarez, Justice

Beth Watkins, Justice

Lori I. Valenzuela, Justice

Appellant’s motion for rehearing is DENIED. See TEX. R. APP. P. 49.3.

_________________________________

Beth Watkins, Justice

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

court on this 7th day of September, 2022.

___________________________________

Michael A. Cruz, 

Clerk of Court
Exhibit 31.1
                                 CERTIFICATIONS


I, Paritosh K. Choksi, certify that:

1. I have  reviewed  this annual  report on Form 10-K of ATEL Cash  Distribution
Fund V, LP;

2.  Based on my  knowledge,  this  annual  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 annual
report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information  included  in this annual  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 annual 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-14 and 15d-14) for the registrant and have:

     a) designed such disclosure controls and procedures to ensure that material
     information relating to the registrant is made known to us by others within
     those entities,  particularly during the period in which this annual report
     is being prepared;

     b) evaluated the effectiveness of the registrant's  disclosure controls and
     procedures  as of December 31, 2003 (the "Evaluation Date"); and

     c) presented in this annual report our conclusions  about the effectiveness
     of the disclosure controls and procedures based on our evaluation as of the
     Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation,  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  in the design or  operation  of internal
     controls which could adversely affect the  registrant's  ability to record,
     process,  summarize and report  financial data and have  identified for the
     registrant's auditors any material weaknesses in internal controls; 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; and

6. The  registrant's  other  certifying  officers  and I have  indicated in this
annual report whether there were significant  changes in internal controls or in
other factors that could  significantly  affect internal controls  subsequent to
the date of our most recent  evaluation,  including any corrective  actions with
regard to significant deficiencies and material weaknesses.



Date:               6/1/2004

/s/ Paritosh K. Choksi
---------------------------
Paritosh K. Choksi
Principal financial officer of registrant, Executive
Vice President of General Partner
MR. CHRISTOPHER PRINE

CLERK, FIRST COURT OF APPEALS

301 FANNIN

HOUSTON, TX 77002 RE: Case No. 15-0323 DATE: 4/28/2015

COA #: 01-14-00233-CV TC#: 2013-04900

STYLE: DAVID DOTSON

v. TPC GROUP, INC. AND TPC GROUP, LLC

Today the Supreme Court of Texas granted the

motion for extension of time to file petition for

review under T EX

. R. A PP

. P. 53.7(f) in the abovereferenced case. The petition for review is due to be

filed no later than May 27, 2015

.
[940 NE2d 913, 915 NYS2d 208]

#### The People of the State of New York, Respondent, v Jamel Bell, Appellant.

Argued November 15, 2010;

decided December 14, 2010

APPEARANCES OF COUNSEL

*Jamel Bell,*pro se, and *Center for Appellate Litigation,*New York City *(Peter Theis*and *Robert S. Dean*of counsel), for Jamel Bell, appellant.

*Cyrus R. Vance, Jr., District Attorney,*New York City *(Sheryl Feldman*and *Mary C. Farrington*of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Defendant challenges his adjudication as a persistent violent felony offender (Penal Law § 70.08), contending that the procedure called for by CPL 400.15 and 400.16 deprives him of his *936constitutional right to trial by jury. Defendant’s argument is barred by *Almendarez-Torres v United States*(523 US 224 [1998]), which permits sentencing proceedings in which the fact of previous criminal convictions is found by a court sitting without a jury. Though several of our recent cases rely on Almendarez-Torres’s holding *(see People v Quinones,*12 NY3d 116 [2009]; *People v Rivera,*5 NY3d 61 [2005]; *People v Rosen,*96 NY2d 329 [2001]), defendant now invites us to reject it, and to hold that the New York State Constitution requires all facts that may enhance a defendant’s sentence, including the fact of a prior conviction, to be found by a jury. Defendant would thus have us go beyond the United States Supreme Court’s ruling in *Apprendi v New Jersey*(530 US 466 [2000]) and later decisions applying *Apprendi.*

We decline defendant’s invitation. We see no reason to hold that the right of trial by jury under article I, § 2 of our Constitution is broader in this respect than the jury trial right protected by the Sixth Amendment to the Constitution of the United States.

Defendant’s claim in his pro se brief that he was deprived of his right to a speedy trial is unpreserved. His remaining contentions are without merit.

Chief Judge Lippman and Judges Cipajrick, Graffeo, Read, Smith, Pigott and Jones concur.

Order affirmed in a memorandum.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2667 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2667

To amend the Harmonized Tariff Schedule of the United States to modify 
  the tariffs of engines with cylinder capacity of less than 1 liter, 
              designed for motor vehicles of heading 8709.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2009

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

_______________________________________________________________________

                                 A BILL

 
To amend the Harmonized Tariff Schedule of the United States to modify 
  the tariffs of engines with cylinder capacity of less than 1 liter, 
              designed for motor vehicles of heading 8709.

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

SECTION 1. ENGINES TO BE INSTALLED IN WORK TRUCKS.

    (a) In General.--Chapter 84 of the Harmonized Tariff Schedule of 
the United States is amended by inserting in numerical sequence the 
following new subheading, with the article description for subheading 
8408.20.30 having the same degree of indentation as the article 
description for subheading 8408.20.20:

``       8408.20.30       With cylinder        Free                 ...................  35%                  ''
                           capacity of less                                                                    .
                           than 1 liter,
                           designed for motor
                           vehicles of
                           heading 8709......

    (b) Redesignation.--Chapter 84 of the Harmonized Tariff Schedule of 
the United States is amended by redesignating subheading 8408.20.90 as 
8408.20.91.
    (c) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
FORMS CHAPTER 80

2024 NATIONAL INTERAGENCY STANDARDS FOR RESOURCE MOBILIZATION 94

CHAPTER 80

FORMS

Listed below are links to commonly used forms. It is suggested that units download and save these 

forms to assure access to them when they might not be immediately available via the internet. 

Frequent downloads will make sure units have the current version of the forms.

The following forms are all available at: https://www.nifc.gov/nicc/logistics/coord_forms.htm

• Resource Order Form

• Mobile Food and Shower Service Request

• Cooperator Aircraft Use Validation Form

• Passenger and Cargo Manifest

• Aircraft Flight Request/Schedule Form

• FAA Temporary Tower Request Form

• Request for a Temporary Flight Restriction Detail Request Form

• Wildland Fire Fatality and Entrapment Form

• Assignment Extension Requirements and Documentation Form

• Rationale for Assigning/Requesting Incident Management Teams

• Reimbursable Form

The ICS 209 Incident Status Summary is available at:

https://fam.nwcg.gov/fam-web/sit/ics209.pdf

The Fuels and Fire Behavior Advisory Template is located at:

https://www.predictiveservices.nifc.gov/fuels_fire-danger/fuels_fire-danger.htm

NWCG Aircraft Conflict Initial Report is located at:

https://www.nwcg.gov/sites/default/files/committee/docs/iasc-aircraft-conflict-initial-report-form.pdf

NWCG Hazard Relief Participant Request Form, PMS 520-1

https://www.nwcg.gov/sites/default/files/publications/pms520-1.pdf
#### FLEMING, Administrator, Office of Temporary Controls, v. WEISBERG et al.

Civil Action No. 6775.

District Court, E. D. New York.

April 18, 1947.

Harold N. Cohen, of New York City, Sidney S. Stark, of Trenton, N. J., William L. Messing, of New York City, and Jacob Feinstein, of Brooklyn, N. Y., for plaintiff.

Bergner & Bergner, of New York City (David Bergner and Samuel H. Friedman, both of New York City, of counsel), for Defendant Max Weisberg.

GALSTON, District Judge.

The questions presented arise out of two motions: one by the plaintiff to amend his complaint; the second by the defendant to amend his answer to dismiss the complaint.

Both these questions will be determined by this opinion.

On April 1, 1946, the complaint was filed in this court. It alleges violations of rent regulations. The defendant contends that because the summons and complaint were not served on the defendants until November 6, 1946, the cause of action has been outlawed by virtue of the provisions of Title 50, U.S.C.A.Appendix, § 925(e). That section provides that an action may be brought “within one year from the date of the occurrence of the violation”.

Rule 3 of the Federal Rules of 'Civil Procedure, 28 U.S.C.A. following sections 723c, provides that a civil action is commenced by filing a complaint with the court. It is not the service of the summons and complaint which marks the commencement of the action. In consequence, all violations of the defendant which occurred within one year prior to April 1, 1946, are within the statute and are not outlawed. Hence defendants’ motion to dismiss the complaint is denied as to all such violations.

As to plaintiff’s motion to amend: he seeks to amend by alleging that from November, 1943, to the date of the filing of the complaint, defendants demanded and received rents in excess of the maximum rents *48established by the rent regulation of the Office of Price Control, and that the defendants will not make refund of such overcharges. The prayer for relief requests an order directing the defendants to refund to the persons entitled thereto all moneys paid by the tenants of said premises to the defendants from November 1, 1943, to the date of the filing of the complaint.

The question of restitution under the Emergency Price Control Act, 50 U.S. C.A.Appendix, § 901 et seq., was considered in. Porter v. Warner Co., 328 U.S. 395, 66 S.Ct. 1086. Restitution was approved in addition to the granting of an injunction against the defendant restraining the defendant from further violations of the Act. It is therefore directly inferable from that decision that an order of restitution would lie here if the plaintiff succeeds in proving violations — but only as to such violations as occurred within one year prior to the institution of the action. To that extent the plaintiffs motion is granted.

Settle orders on notice.
<TABLE> <S> <C>


<ARTICLE>      5
<LEGEND>
The schedule contains summary financial information extracted from the
consolidated financial statements and is qualified in its entirety by reference
to such financial statements.
</LEGEND>
<MULTIPLIER>   1000

<S>                                 <C>
<PERIOD-TYPE>                         12-MOS
<FISCAL-YEAR-END>                     DEC-31-1997
<PERIOD-END>                          DEC-31-1997
<CASH>                                9,225,400
<SECURITIES>                          0
<RECEIVABLES>                         92,400
<ALLOWANCES>                          0
<INVENTORY>                           148,100
<CURRENT-ASSETS>                      9,542,300
<PP&E>                                1,318,000
<DEPRECIATION>                        257,400
<TOTAL-ASSETS>                        10,752,600
<CURRENT-LIABILITIES>                 842,500
<BONDS>                               0
<PREFERRED-MANDATORY>                 13,800
<PREFERRED>                           0
<COMMON>                              13,800
<OTHER-SE>                            9,896,300
<TOTAL-LIABILITY-AND-EQUITY>          10,752,600
<SALES>                               10,500
<TOTAL-REVENUES>                      250,400
<CGS>                                 0
<TOTAL-COSTS>                         5,303,500
<OTHER-EXPENSES>                      0
<LOSS-PROVISION>                      0
<INTEREST-EXPENSE>                    26,800
<INCOME-PRETAX>                       (5,053,100)
<INCOME-TAX>                          0
<INCOME-CONTINUING>                   0
<DISCONTINUED>                        0
<EXTRAORDINARY>                       0
<CHANGES>                             0
<NET-INCOME>                          (5,053,100)
<EPS-PRIMARY>                         (.40)
<EPS-DILUTED>                         (.40)

<FN>
<F1>   Offer should be antidilutive
<F2>   Amounts are not material
</FN>

</TABLE>
Exhibit 32.1**CERTIFICATION****1**     Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of1934, as amended (the “Exchange Act”) and Section 1350 of Chapter 63 of Title 18 of the UnitedStates Code (18 U.S.C. § 1350), Timothy P. Walbert , the President and Chief Executive Officer ofIDM Pharma, Inc. (the “Company”), and Robert J. De Vaere, the Senior Vice President and ChiefFinancial Officer of the Company, each hereby certifies that, to the best of his knowledge:**1.**The Company’s Quarterly Report on Form 10-Q for the period ended September 30, 2007, to whichthis Certification is attached as Exhibit 32.1 (the “Periodic Report”), fully complies with therequirements of Section 13(a) or Section 15(d) of the Exchange Act; and**2.**The information contained in the Periodic Report fairly presents, in all material respects, thefinancial condition of the Company at the end of the period covered by the Periodic Report andresults of operations of the Company for the period covered by the Periodic Report.Dated: November 9, 2007       /s/ Timothy P. Walbert Timothy P. Walbert   /s/ Robert J. De Vaere Robert J. De Vaere  President and Chief Executive Officer   Senior Vice President and Chief Financial Officer   1 This certification accompanies the Form 10-Q to whichit relates, is not deemed filed with the Securities and Exchange Commission andis not to be incorporated by reference into any filing of IDM Pharma, Inc.under the Securities Act of 1933, as amended, or the Securities Exchange Act of1934, as amended (whether made before or after the date of the Form 10-Q),irrespective of any general incorporation language contained in such filing.
1