alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
AMENDMENT
      TO WARRANT AGREEMENT

     

    This
      Amendment to Warrant Agreement (this “Agreement”)
      is
      made and entered into as of November 26, 2007.

     

    RECITALS

     

    A. The
      undersigned ____________ (the “Holder”)
      is the
      holder of a warrant dated April 19, 2007 issued by Trulite, Inc., a Delaware
      corporation (the “Company”)
      to
      purchase ________ shares of the Company’s common stock, $0.0001 per share (the
“Warrant”).

     

    B. The
      Warrant provides that unless earlier terminated in accordance with its terms
      the
      Warrant may be exercised through 5:00 p.m. CST on April 19, 2009.

     

    C.
      The
      Warrant provides that the Exercise Price for the shares of Common Stock issuable
      under this Warrant shall be $1.20 per share.

     

    D. The
      Board
      of Directors of the Company has determined that it is desirable and in the
      best
      interest of the Company to reduce the Exercise Price to $0.50 per share and,
      accordingly, has approved the amendment of the Warrant to so
      provide.

     

    NOW,
      THEREFORE,
      for and
      in consideration of the mutual promises and covenants contained herein, the
      receipt and sufficiency of which is acknowledged, the parties hereto agree
      as
      follows: 

     

    1. The
      Warrant is hereby amended so that each reference therein to the “Exercise Price”
shall mean Fifty Cents ($0.50) per share of Common Stock issuable under the
      Warrant.

     

    2. Except
      as
      amended herein, the Warrant remains unchanged.

     

    IN
      WITNESS WHEREOF, the parties have executed this Agreement as of the date first
      written.

     

    
      	 	
              TRULITE,
                INC.

            
	 	 	 
	 	
              By:

            	 
	 	 	
                   Jonathan
                Godshall, President

            


    

    


    ACKNOWLEDGED
      AND AGREED:

    


    HOLDER:
[918 NE2d 885, 890 NYS2d 373]

#### In the Matter of Transitional Services of New York for Long Island, Inc., Respondent-Appellant, v New York State Office of Mental Health et al., Appellants-Respondents.

Argued September 15, 2009;

decided October 15, 2009

*802APPEARANCES OF COUNSEL

*Andrew M. Cuomo, Attorney General,*New York City *(.Benjamin N. Gutman, Barbara D. Underwood*and *Carol Fischer*of counsel), for appellants-respondents.

*Garfunkel, Wild & Travis, EC.,*Great Neck *(Roy W. Breitenbach*of counsel), and *Law Office of Bruno La Spina,*Brent-wood, for respondent-appellant.

*Manatí, Phelps & Phillips, LLP,*Albany *(James W. Lytle*of counsel), for Association for Community Living, amicus curiae.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the petition, insofar as it seeks to annul the determination of the New York State Office of Mental Health dated April 19, 2004, dismissed.

Transitional Services of New York for Long Island, Inc. (TSLI) is a private not-for-profit entity that provides housing and care to individuals with mental illness. Pursuant to statute *(see*Mental Hygiene Law §§ 41.38, 41.44), the New York State Office of Mental Health (OMH) works with and provides state aid to entities like TSLI. TSLI commenced this CPLR article 78 proceeding to challenge two OMH determinations.

 It is well settled that when an agency acts within its area of expertise in interpreting statutes it is responsible for administering, its construction of those statutes is to be upheld if its decision is not irrational or unreasonable *(see e.g. Matter of Brooklyn Assembly Halls of Jehovah’s Witnesses, Inc. v Department of Envtl. Protection of City of N.Y.,*11 NY3d 327, 334 [2008]). It was not irrational or unreasonable for OMH to determine that, for reimbursement purposes, under the Mental Hygiene Law and the regulations promulgated thereunder *(see*Mental Hygiene Law § 41.38; 14 NYCRR 595.12), the expenses TSLI incurred in leasing residential apartments it used as offices must be accounted for as operating costs rather than as housing costs. The Appellate Division’s order to the contrary should be reversed.*

*803Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

Order, insofar as appealed from, reversed, etc.

*

  TSLI cross-appealed from the portion of the Appellate Division order that obligated TSLI to remit the amount of $563,820 to OMH, representing half of the income TSLI received from Medicaid funds above the amount of Medicaid income budgeted for the years 1996 through 2002. However, after TSLI took its cross appeal, OMH waived liability under its turnover policy *803as to all providers, including TSLI, for the years 1996 through 2002. OMH moved to dismiss the cross appeal for mootness and by motion, decided with this appeal, the cross appeal is being dismissed (13 NY3d 810 [2009] [decided today]). There being no live controversy with respect to the turnover determination challenged, TSLI’s cross appeal is moot *(Saratoga County Chamber of Commerce v Pataki,*100 NY2d 801, 810-811 [2003]).
# Fourth Court of Appeals

San Antonio, Texas

March 12, 2018

No. 04

- 17

- 00517

- CR

John Nathan CAVANESS,

Appellant

v.

The STATE of Texas,

Appellee

From the 452nd District Court, Mason County, Texas

Trial Court No. 16

- 4724

The Honorable Robert Rey Hofmann, Judge Presiding



### O R D E R

The State’s motion for extension of time to file its brief is granted

.

_________________________________ Luz Elena D. Chapa, Justice

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

court on this 12th day of March, 2018

.

___________________________________ KEITH E. HOTTLE

, Clerk of Court
Exhibit 32.1

Certification of the Principal Executive Officer

Pursuant to 18 U.S.C. § 1350, as
created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of ImmunoCellular Therapeutics, Ltd. (the Company) hereby certifies that, to his knowledge:

The Quarterly Report on Form 10-Q of the Company for the fiscal quarter ended March 31, 2011 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d),
as applicable, of the Securities Exchange Act of 1934, as amended; and

The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the Company.



|                   |  |                                                                            |  |                 
|------------------ |  | -------------------------------------------------------------------------- |  | ----------------
|Date: May 16, 2011 |  | By:                                                                        |  | /s/ Manish Singh
|                   |  | Name:  Manish Singh, Ph.D. Title:    President and Chief Executive Officer
# Wildfire Prevention Videos

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Harden Your Home

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BLM Community Assistance Program

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#ReadyForWildfire: Wildfire Preparedness and Prevention album on NIFC Flickr (22 videos)

The first full week in May kicks off Wildfire Preparedness Week nationally. The Bureau of Land Management and it's wildland fire partners share prevention messaging through the entire month of May to help educate the public and partners as fire activity increases. Videos in this collection include fire prevention, preparing for wildfires, Firewise landscaping, and rangeland fire facts.

## PIO Bulletin Board

-  Hot Topics 
-  Wildfire Prevention 
-  Wildfire Prevention Videos 
-  Wildfire Mitigation 
-  Wildfire Education 
-  Wildfire Investigation 
-  For PAOs 
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**HR****Qualifications Review Checklist for IFPM**

**GS-0455/0462 Range Aid or Technician Positions**
### MEMORANDUM OPINION

No. 04

- 10

- 00885

- CR

Jason William HODGES

, Appellant

v.

The STATE of Texas,

Appellee

From the County Court at Law No. 8

, Bexar County, Texas

Trial Court No. 285492

Honorable Karen Crouch , Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Delivered and Filed: September 21, 2011

MOTION TO DISMISS GRANTED; APPEAL DISMISSED

Appellant filed a motion to dismiss this appeal. The motion is granted, and this appeal is

dismissed. See T EX

. R. A PP

. P. 42.2(a).

PER CURIAM

DO NOT PUBLISH
<partyblock><br><br><div align="center"><b><font size="+1">The People of the State of New York, Respondent,<br><br>against<br><br>Jose Rivera, Appellant.</font></b></div><br><br><p>Appellate Advocates (Tammy Linn, Esq.), for appellant.District Attorney Kings County (Leonard Joblove, Jodi L. Mandel of counsel), for respondent.</p><p>Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Matthew A. Sciarrino, Jr., J.), rendered October 14, 2015. The judgment convicted defendant, upon his plea of guilty, of possession of burglar's tools. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), seeking leave to withdraw as counsel.</p><p>ORDERED that the judgment of conviction is affirmed.</p><p>We are satisfied with the sufficiency of the brief filed by defendant's assigned counsel pursuant to<i> Anders v California</i> (386 US 738 [1967]), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted (<i>see id.</i>; <i>Matter of Giovanni S. [Jasmin A.</i>], 89 AD3d 252 [2011]; <i>People v Paige</i>, 54 AD2d 631 [1976]; <i>cf. People v Gonzalez</i>, 47 NY2d 606 [1979]).</p><p>PESCE, P.J., WESTON and ELLIOT, JJ., concur.</p><br>ENTER:<br>Paul Kenny<br>Chief Clerk<br>Decision Date: September 29, 2017<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
#### Yankee Lake Preservation Association, Inc., Appellant, v Judith Stein et al., Respondents, et al., Defendants.

Submitted June 28, 2010;

decided September 2, 2010

Motion by New York State Federation of Lake Associations, Inc. for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.
EXHIBIT 32.1



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,



AS ADOPTED PURSUANT TO



SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report on Form 10-QSB of Bio-Imaging Technologies, Inc. (the Company) for the quarter ended June 30, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Mark L. Weinstein, President and Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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 Bio-Imaging Technologies, Inc.



|                       |  |                                       
|---------------------- |  | --------------------------------------
|                       |  | /s/ Mark L. Weinstein*                
|Dated: August 13, 2004 |  | Mark L. Weinstein, President and Chief
|                       |  | Executive Officer                     
|                       |  | (Principal Executive Officer)         

---

|* | A signed original of this written statement required by Section 906 has been provided to us and will be retained by us and furnished to the Securities and Exchange Commission or its
staff upon request.
|- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
<PAGE>   1

                                                                     EXHIBIT 11



                              WOLVERINE TUBE, INC.
                        COMPUTATION OF EARNINGS PER SHARE
                    (In thousands, except per share amounts)


<TABLE>
<CAPTION>
                                                  Three-month period ended:      Six-month period ended:
                                                  -------------------------      -----------------------

                                                 June 28, 1997  June 29, 1996  June 28, 1997   June 29, 1996
                                                 -------------  -------------  -------------   -------------
<S>                                                <C>            <C>            <C>            <C>
Income before extraordinary
item ........................................        $7,063        $10,434        $15,900        $20,697
Extraordinary item, net of
tax .........................................        (4,738)            --         (4,738)            --
Preferred dividends .........................           (70)           (70)          (140)          (140)
                                                   --------       --------       --------       --------
Net income applicable to common
shares ......................................         2,255         10,364         11,022         20,557
                                                   ========       ========       ========       ========
Weighted average common shares
outstanding .................................        14,016         13,736         14,000         13,705
Common equivalent shares
outstanding .................................           184            405            220            474
                                                   ========       ========       ========       ========
Weighted average common and
common equivalent shares
outstanding .................................        14,200         14,141         14,220         14,179
                                                   ========       ========       ========       ========
Income before extraordinary
item ........................................          $.49           $.73          $1.11          $1.45
Extraordinary item ..........................          (.33)            --           (.33)            --
                                                   ========       ========       ========       ========
Net income per common share .................          $.16           $.73           $.78          $1.45
                                                   ========       ========       ========       ========
</TABLE>



----------------------------
(1)      Represents shares issuable upon the exercise of stock options based
         upon the treasury stock method using the average market share. As fully
         diluted shares outstanding are the same as primary shares outstanding
         for all periods presented, net income per common share on a
         fully-diluted basis is not separately presented.
#### In the Matter of Mary L. Kessler, Petitioner, v Scott M. Fancher, Respondent. Scott A. Otis, Attorney for the Children, Appellant.

(Appeal No. 4.)

[976 NYS2d 908]

Appeal from an order of the Family Court, Jefferson County (Peter A. Schwerzmann, A.J.), entered September 10, 2012 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition for violation of an order of custody.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in *Matter of Kessler v Fancher*(112 AD3d 1323 [2013]). Present — Scudder, EJ., Centra, Lindley, Sconiers and Valentino, JJ.
Begin Your Career Today

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wildland fire management.

Hotshot crews receive top-notch 

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#### In the Matter of Barbara J. Bracci, Appellant, v New York State Division of Human Rights, Respondent.

Submitted August 2, 2010;

decided October 19, 2010

On the Court’s own motion, appeal dismissed, without costs, as untimely *(see*CPLR 5513 [a]). Motion for leave to appeal dismissed as untimely *(see*CPLR 5513 [b]). Motion for ancillary relief dismissed as academic.
Exhibit 23.1

                        Consent of Independent Auditors


We consent to the incorporation by reference in Registration Statements No. 33-
84522 (Form S-3), 33-73948 (Form S-3), 33-63348 (Form S-8), 33-91192 (Form S-
3), 33-95364 (Form S-8), and 333-8077 (Form S-3) and in the related
Prospectuses of our report dated February 10, 1997 (except for Note 13, as to
which the date is February 28, 1997), with respect to the consolidated
financial statements and schedule of Wellsford Residential Property Trust and
subsidiaries included in this Annual Report (Form 10-K) for the year ended
December 31, 1996.


ERNST & YOUNG LLP

          
/s/ Ernst & Young LLP
___________________________
New York, New York
March 24, 1997
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-86,762-02

EX PARTE LOUIS ADAM CAUDILL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 11627-B IN THE 115TH DISTRICT COURT

FROM UPSHUR COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of indecency with

a child and sentenced to six years’ imprisonment. He did not appeal his conviction.

In three grounds, Applicant contends that trial counsel rendered ineffective assistance. The

trial court held a live evidentiary hearing, made findings of fact and conclusions of law, and

recommended that we set aside Applicant’s conviction. We believe that the record should be further

developed and that the trial court should make findings of fact and conclusions of law on whether

Applicant’s claims should be barred by the doctrine of laches. 
2

In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334

S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. 

The trial court shall give Applicant an opportunity to respond and explain his delay in raising his

ineffective assistance of counsel claims. The trial court may use any means set out in TEX. CODE

CRIM. PROC. art. 11.07, § 3(d).

Applicant appears to be represented by counsel. If he is not and the trial court elects to hold

another hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wishes

to be represented by counsel, the trial court shall appoint an attorney to represent him at the hearing. 

TEX. CODE CRIM. PROC. art. 26.04. 

AfterreviewingApplicant’s response, if any, the trial court shall make furtherfindings of fact

and conclusions of law as to whether Applicant’s claims should be barred by the doctrine of laches.

The trial court shall also make any other findings of fact and conclusions of law that it deems

relevant and appropriate to the disposition of Applicant’s claims for habeas corpus relief.

This application will be held in abeyance until the trial court has resolved the fact issues. The

issues shall be resolved within 90 days of this order. A supplemental transcript containing all

affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or

deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall

be forwarded to this Court within 120 days of the date of this order. Any extensions of time must be

requested by the trial court and shall be obtained from this Court. 

Filed: April 11, 2018

Do not publish