alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Thomas Hughes, Appellant, v State of New York, Respondent.

[963 NYS2d 350]

In a claim, inter alia, to recover damages for alleged violations of state and federal constitutional rights, the claimant appeals from an order of the Court of Claims (Lopez-Summa, J.), dated December 27, 2011, which granted the defendant’s motion pursuant to CPLR 3211 (a) (2) to dismiss the claim for lack of subject matter jurisdiction, and denied his cross motion, in effect, to deem the claim to have been timely filed and served.

Ordered that the order is affirmed, with costs.

The claim in this case was untimely, pursuant to Court of Claims Act § 10 (3), since it was commenced more than 90 days *908after the date when the claim accrued and no written notice of intention to file a claim was served upon the attorney general in accordance with the statute *(see*Court of Claims Act § 10 [3]; *Kaufman v State of New York,*18 AD3d 503 [2005]). Since the filing requirements of Court of Claims Act § 10 are jurisdictional in nature, and the failure to comply with such requirements deprives the Court of Claims of subject matter jurisdiction *(see Williams v State of New York,*38 AD3d 646, 647 [2007]), the Court of Claims properly granted the defendant’s motion pursuant to CPLR 3211 (a) (2) to dismiss the claim for lack of subject matter jurisdiction.

The Court of Claims providently exercised its discretion in denying the claimant’s cross motion, in effect, to deem the claim to have been timely filed and served. Upon weighing the statutory factors set forth in Court of Claims Act § 10 (6) *(see Edens v State of New York,*259 AD2d 729, 730 [1999]), the Court of Claims properly determined that the claimant failed to come forth with a reasonable excuse for his delay in filing the claim and failed to demonstrate that his claim was potentially meritorious *(see Martinez v City of Schenectady,*97 NY2d 78 [2001]; *Deleon v State of New York,*64 AD3d 840 [2009]; *Kashelkar v State of New York,*30 AD3d 163 [2006]; *Lyles v State of New York,*2 AD3d 694 [2003], *affd*3 NY3d 396 [2004]). In addition, alternative remedies are available to the claimant *(see Lerner v State of New York,*72 AD3d 406, 407 [2010]; *Olsen v State of New York,*45 AD3d 824, 825 [2007]). Mastro, J.E, Chambers, Hall and Lott, JJ., concur.
Exhibit 31.2
                                 CERTIFICATIONS

I, Thomas J. Riha, certify that:

1.   I have reviewed this annual report on Form 10-K of WNC  CALIFORNIA  HOUSING
     TAX CREDITS III, L.P.;

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 periods 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 we have:

     (a)  designed  such  disclosure  controls  and  procedures  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 annual report
          is being prepared;

     (b)  evaluated the  effectiveness of the registrant's  disclosure  controls
          and procedures as of a date within 90 days prior to the filing date of
          this annual report (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 function):

     (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

         Date:  November 8, 2005




         /s/  Thomas J. Riha
         -------------------
         Thomas J. RIha

          Senior  Vice-President - Chief Financial Officer of WNC & Associates,
          Inc.
No. 645.

#### Helvering, Commissioner of Internal Revenue, *v.*James Q. Newton Trust; and Helvering, Commissioner of Internal Revenue, *v.*Newton.

No. 646.

February 9, 1942.

*Mr. Richard M. Davis*for respondents.

Petition for writs of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. *Solicitor General Fahy*for petitioner.
Exhibit 10.1


 


FOURTH AMENDMENT


TO THE


AMC ENTERTAINMENT HOLDINGS, INC.


2013 EQUITY INCENTIVE PLAN


 


THIS FOURTH AMENDMENT
(this “Amendment”) is effective as of August 19, 2022, for the purpose of amending that certain AMC Entertainment
Holdings, Inc. (the “Company”) 2013 Equity Incentive Plan adopted as of December 23, 2013 (as amended from
time to time, the “Plan”). Capitalized terms used in this Amendment shall have the same meanings given to them in the
Plan unless otherwise indicated.


 


		1.	Amendment.



 


(a)           The
definition of “Common Stock” in Section 2 of the Plan is hereby amended to read in its entirety as follows:


 


“Common Stock”
means the Company’s Class A common stock, par value $0.01 per share, along with an AMC Preferred Equity Unit.


 


(b)          Section 2
of the Plan is hereby amended to add the following definitions:


 


“AMC Preferred Equity
Unit” means a depositary share that represents an interest in one one-hundredth (1/100th) of a share of Preferred Stock and
is designed to have the same economic and voting rights as a share of the Company’s Class A common stock.


 


“Preferred Stock”
means the Company’s Series A Convertible Participating Preferred Stock, par value $0.01, with the preferences, limitations,
voting powers and relative rights as set forth in the Certificate of Designation filed with the Secretary of the State of Delaware on
August 4, 2022.


 


		(c)	Section 4.1 of the Plan is hereby amended to read in its entirety as follows:



 


“Number of
Shares Reserved. Subject to adjustment as provided in Section 4.5 hereof, the total number of shares of Class A common
stock that are reserved for issuance under the Plan shall be 15,000,000 and the total number of AMC Preferred Equity Unit that are
reserved for issuance under the Plan shall be 7,306,354 (collectively, the “Share Reserve”). Upon conversion of the AMC
Preferred Equity Unit into shares of Class A common stock, any remaining AMC Preferred Equity Unit reserved for issuance
under the Plan shall automatically convert into shares of Class A common stock reserved for issuance under the Plan. Each share
of Common Stock subject to an Award shall reduce the Share Reserve by one share; provided that Awards that are required to be paid
in cash pursuant to their terms shall not reduce the Share Reserve. Any shares of Common Stock delivered under the Plan shall
consist of authorized and unissued shares or treasury shares.”


 


		2.	Miscellaneous.



 


Except as amended hereby,
the Plan remains in full force and effect.
# SEAT
**Individual Firefighter Evaluation**

**For Agency Preparedness Review, you will need to have the following items available for review:**

**TRAINING AND READINESS**

**Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed**

**JOB ORIENTATION TRAINING**

**Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed**

**LEADERSHIP AND MANAGEMENT**

**Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed**

Checklist #14 - Individual Firefighter Evaluation	3	Revised June 2021

# image1.png
EXHIBIT 32.2

CERTIFICATION OF THE PRINCIPAL FINANCIAL 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:

(i) The Quarterly Report on Form 10-QSB of the Company for the fiscal quarter ended June 30, 2007 (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

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



|                      |  |  |  |     |  |                     |  |                                      
|--------------------- |  |  |  | --- |  | ------------------- |  | -------------------------------------
|Date: August 14, 2007 |  |  |  | By: |  | /s/ C. Kirk Peacock
|                      |  |  |  |     |  |                     |  | C. Kirk Peacock                      
|                      |  |  |  |     |  |                     |  | Chief Financial Officer and Treasurer
**EXHIBIT
      31.1**





**Certification
      of Principal Executive Officer**





I,
      Daniel
      Ng, Chief Executive Officer, certify that:





1.
      I have
      reviewed this quarterly report on Form 10-QSB of China Digital Media Corporation





2.
      Based
      on my knowledge, the 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 quarterly report;





3.
      Based
      on my knowledge, the financial statements, and other financial information
      included in this quarterly 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 quarterly report;





4.
      The
      registrant's other certifying officers and I am 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, including its consolidated subsidiaries,
      is made known to us by others within those entities, particularly during the
      period in which this quarterly report is being prepared;





b)
      evaluated the effectiveness of the registrant's disclosure controls and
      procedures as of a date within 90 days prior to the filing date of this annual
      report ("Evaluation Date"); and





c)
      disclosed in this report any change in the registrant's internal control over
      financial reporting that occurred during the registrant's most recent quarter
      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 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 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 (all of which do not apply); and





b)
      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, (all of which do not apply).




Date:
              November 4, 2005
            By:
            /s/ Daniel
              NgDaniel
                Ng
              Chief
                Executive Officer
#### John C. SPURLOCK, Plaintiff-Appellant, v. Janie COCKRELL; Amado Iglesias; Brenda Chaney; Crystal Irvin; Unknown Picket Officer, Defendants-Appellees.

No. 04-41140.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided June 21, 2006.

John C. Spurlock, Texas Department of Criminal Justice Institutional Division, Gatesville, TX, pro se.

Harold Joseph Liller, Jr., Office of the Attorney General for the State of Texas, Austin, TX, for Defendants-Appellees.

Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM: *

John C. Spurlock, Texas prisoner # 741571, appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint and moves this court for appointment of counsel. The district court determined that Spurlock’s claims against several of the defendants were duplicative of claims that had been raised in a prior § 1983 complaint that was dismissed as frivolous. *Spurlock v. Scott,*No. V-00-0067 (S.D.Tex. Sept. 27, 2002). The district court granted the remaining defendants’ motion for summary judgment.

We conclude that Spurlock’s claims against all of the defendants are duplicative of his claims in the earlier lawsuit that was dismissed by the district court as frivolous. As his instant claims are duplicative, the district court properly dismissed them as malicious pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). *See Pittman v. Moore,*980 F.2d 994, 994-95 (5th Cir.1993); *Bailey v. Johnson,*846 F.2d 1019, 1021 (5th Cir.1988); *see also Sojourner T v. Edwards,*974 F.2d 27, 30 (5th Cir.1992) (court may affirm on any grounds supported by the record).

As Spurlock’s appeal is without arguable merit, it is dismissed as frivolous. *See Howard v. King,*707 F.2d 215, 219-20 (5th Cir.1983); 5th Cir. R. 42.2. His motion for appointment of counsel on appeal is denied.

*473The dismissal of the instant appeal as frivolous counts as a strike under 28 U.S.C. § 1915(g). *See Adepegba v. Hammons,*103 F.3d 383, 387-88 (5th Cir.1996). Spurlock previously received two strikes when his prior § 1983 complaint was dismissed as frivolous in *Spurlock v. Scott,*No. V-00-0067 (S.D.Tex. Sept. 27, 2002), and this court dismissed his appeal as frivolous in *Spurlock v. Scott,*90 Fed.Appx. 743, 744 (5th Cir.2004). Because Spurlock now has accumulated at least three strikes under § 1915(g), he is barred from proceeding in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. 28 U.S.C. § 1915(g).

APPEAL DISMISSED AS FRIVOLOUS; MOTION FOR APPOINTMENT OF COUNSEL DENIED; 28 U.S.C. § 1915(g) BAR IMPOSED.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
<TABLE> <S> <C>

<ARTICLE>                                          5
       
<S>                                                  <C>
<PERIOD-TYPE>                                      YEAR
<FISCAL-YEAR-END>                                  DEC-31-1996
<PERIOD-END>                                       DEC-31-1996
<CASH>                                                       1,917,349
<SECURITIES>                                                         0
<RECEIVABLES>                                                2,889,713
<ALLOWANCES>                                                         0
<INVENTORY>                                                          0
<CURRENT-ASSETS>                                                     0
<PP&E>                                                               0
<DEPRECIATION>                                                       0
<TOTAL-ASSETS>                                             130,546,718
<CURRENT-LIABILITIES>                                                0
<BONDS>                                                              0
<PREFERRED-MANDATORY>                                                0
<PREFERRED>                                                          0
<COMMON>                                                             0
<OTHER-SE>                                                  76,545,683
<TOTAL-LIABILITY-AND-EQUITY>                               130,546,718
<SALES>                                                              0
<TOTAL-REVENUES>                                            24,987,922
<CGS>                                                                0
<TOTAL-COSTS>                                                        0
<OTHER-EXPENSES>                                            18,078,838
<LOSS-PROVISION>                                               255,294
<INTEREST-EXPENSE>                                           3,962,860
<INCOME-PRETAX>                                              2,690,930
<INCOME-TAX>                                                         0
<INCOME-CONTINUING>                                          2,690,930
<DISCONTINUED>                                                       0
<EXTRAORDINARY>                                                160,955
<CHANGES>                                                            0
<NET-INCOME>                                                 2,851,885
<EPS-PRIMARY>                                                        0
<EPS-DILUTED>                                                        0
        


</TABLE>
|   | (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. | . |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|---|

|   | /s/ Gino Chouinard              |
|--------|---------------------------------|
|   | Gino Chouinard                  |
|   | Interim Chief Executive Officer |
|   | HearUSA, Inc.                   |
|   | September 7, 2011               |
|   |                            |
|   | /s/ Francisco Puñal        |
|   | Francisco Puñal            |
|   | Senior Vice President and       |
|   | Chief Financial Officer         |
|   | HearUSA, Inc.                   |
|   | September 7, 2011               |

----
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 288 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 288

 To amend the Internal Revenue Code of 1986 to permanently extend the 
  depreciation rules for property used predominantly within an Indian 
                              reservation.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 21, 2009

Mr. Inhofe (for himself and Mr. Coburn) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to permanently extend the 
  depreciation rules for property used predominantly within an Indian 
                              reservation.

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

SECTION 1. PERMANENT EXTENSION OF DEPRECIATION RULES FOR PROPERTY ON 
              INDIAN RESERVATIONS.

    (a) In General.--Subsection (j) of section 168 of the Internal 
Revenue Code of 1986 (relating to property on Indian reservations) is 
amended by striking paragraph (8).
    (b) Effective Date.--The amendment made by this section shall apply 
to property placed in service after December 31, 2007.
                                 <all>
```
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