alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[939 NE2d 137, 913 NYS2d 120]

#### Justin M. Shubbuck, Respondent, v Sean M. Conners et al., Appellants.

Decided October 21, 2010

*872APPEARANCES OF COUNSEL

*Rivkin Radler, LLP,*Uniondale *(Merril Biscone*and *Melissa M. Murphy*of counsel), for appellants.

*Law Offices of Wayne C. Felle, P.C.,*Williamsville *(Wayne C. Felle*of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, with costs to defendants, by remitting the matter to Supreme Court for further proceedings in accordance with this memorandum and, as so modified, affirmed.

Plaintiff’s own testimony, without more, was insufficient to establish by a reasonable certainty his loss of future wages as a result of the accident. In this case, the W-2 forms and tax returns that plaintiff introduced demonstrated his yearly income post-accident but they were not probative of a reduction in future wages as a result of the accident because they did not compare his pre- and post-accident income nor compare his post-accident income with the income of similarly situated employees in plaintiffs company. Accordingly, there is “no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence presented at trial” *(Cohen v Hallmark Cards,*45 NY2d 493, 499 [1978]).

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 modified, etc.
#### BUNGER v. U. S. BLIND STITCH MACH. CORPORATION.

United States District Court S. D. New York.

Sept. 14, 1948.

Joseph H. Wackerman, of Brooklyn, N. Y., for plaintiff.

Henry H. Salzberg, of New York City (Henry H. Salzberg and Milton A. Horowitz, both of New York City, of counsel), for defendant.

MEDINA, District Judge.

The motion for partial summary judgment may be denied only if the action in the Eastern District tolled' the Statute of Limitations. In the absence of statute the voluntary dismissal or discontinuance of a suit leaves the situation as if the suit had never been filed. Maryland Casualty Co. v. Latham, 5 Cir., 1930, 41 F.2d 312, 313; Foster v. New York Central & Hudson River R. R. 1st Dept. 1907, 118 App. Div. 143, 146, 103 N.Y.S. 531. Such is also the plain import of New York Civil Practice Act § 23.

The voluntary dismissal here was in strict accordance with the provisions of Rule 41 of the Federal Rules of Civil Procedure, 28 U.S.C.A. It was in no sense conditional or subject to any agreement; and the conversation between counsel resulted in no more than a hope and expectation that further marshal’s fees might be saved by the service and filing of a notice of appearance in this action. The cases relied on by plaintiff accordingly have no application. The motion for reargument pending before Judge Rayfiel at the time of the voluntary dismissal might have been decided either way. Had counsel awaited a decision by Judge Rayfiel, and had Judge Rayfiel dismissed the first action for improper venue, a different situation would have been presented.

The motion is granted.

Settle order on notice.
### THE THIRTEENTH COURT OF APPEALS

13

- 13

- 00473

- CV

IRMA AMALIA SALAZAR SAENZ AND IRMA G. SAENZ v. KAILA MARIE CORONADO

On Appeal from the County Court at Law No 1 of Cameron County , Texas

Trial Cause No. 2011

- CCL

- 1437

JUDGMENT
THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes that the judgment of the trial court should be AFFIRMED . The Court orders the judgment of the trial court AFFIRMED . Costs of the appeal are adjudged against appellant.
We further order this decis ion certified below for observance.

October 30, 2014
December 15, 2011



### JUDGMENT 

## The Fourteenth Court of Appeals

OTIS BYRD, JR. , Appellant

NO. 14

- 11

- 00711

- CV V.

DEUTSCHE BANK NATION AL TRUST COMPANY , AS TRUSTEE FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF 4/1/07 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007

- BR2 MORTGAGE PASS

THROUGH CERTIFICATES, SERIES 2007

- BR2 , Appellee

____________________ Today the Court heard its own motion to dismiss the appeal from the judgment signed by the court below on August 2, 2011. Hav ing considered the motion and found it meritorious, we order the appeal DISMISSED

. We further order that all costs incurred by reason of this appeal be paid by OTIS BYRD, JR.
We further order this decision certified below for observance.
EXHIBIT 31.1
CERTIFICATION

I, John N. Hanna certify that:

1. I have reviewed this quarterly report on Form 10-QSB of YoCream
International, Inc. (the registrant);

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 registrants 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)) 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 report is being prepared;

b) Evaluated the effectiveness of the registrants 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 evaluation; and

c) Disclosed in this report any change in the registrants internal control
over financial reporting that occurred during the registrants most recent
fiscal quarter (registrants fourth quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and

5. The registrants other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrants 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
over financial reporting which are reasonably likely to adversely affect the
registrants ability to record, process, summarize and report financial
information; 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
over financial reporting.


/s/ John N. Hanna                                    Dated:  September 14, 2004
John N. Hanna, Chief Executive Officer
II 

111TH CONGRESS 

1ST SESSION S. 2623 

To suspend temporarily the duty on 3-(1,3-Benzodioxol-5-yl)-2-methylpropanal 

(Helional). 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2009 

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

to the Committee on Finance 

A BILL 

To suspend temporarily the duty on 3-(1,3-Benzodioxol-5- 

yl)-2-methylpropanal (Helional). 

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

3 SECTION 1. 3-(1,3-BENZODIOXOL-5-YL)-2-METHYLPROPANAL 

4 (HELIONAL). 

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

6 the Harmonized Tariff Schedule of the United States is 

7 amended by inserting in numerical sequence the following 

8 new heading: 

‘‘ 9902.01.00 3-(1,3-Benzodioxol-5-yl)-2- 

methylpropanal (Helional) 

(CAS No. 1205–17–0) (provided for in subheading 

2932.99.70) ........................... Free No change No change On or before 

12/31/2011 ’’. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 2623 IS

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

2 subsection (a) applies to goods entered, or withdrawn from 

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

4 the date of the enactment of this Act. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
Exhibit 31.2
Cronos Global Income Fund XIV
Rule 13a-14 Certifications
     I, John Kallas, certify that:
     1. I have reviewed this annual report on Form 10-K of Cronos GlobalIncome Fund XIV (the “Registrant”);
     2. Based on my knowledge, this annual report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this annualreport;
     3. Based on my knowledge, the financial statements, and other financialinformation included in this annual 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 annual 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-14 and 15d-14) 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 annual report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; 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: March 26, 2004
/s/ JOHN KALLAS    John Kallas  Chief Financial Officer of CCC
Exhibit 32.2

                                  Form 10-QSB/A
                             Arete Industries, Inc.
                           Quarter ended June 30, 2005


                            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 of Arete Industries, Inc. (the
"Company") on Form 10-QSB/A for the period ending March 31, 2005, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
John Herzog, Interim 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 result of operations of the
Company.




Dated:  November 21, 2005      By:  /s/ John Herzog
                                    -------------------------------------------
                                    John Herzog, Interim Chief Financial Officer
                                    and Director
11-4562-cv Amna v. New York State Department of Health, et al
.
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT 

## SUMMARY ORDER Rulings by summary order do not have precedenti al effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this Court’s Local Rule 32.1.1. When citing a summary order in a document filed with this Court, a party must cite either the Federal Append ix or an electronic database (with the notation “summary order”). A party citing a summary order must serve a copy of it on any party not represented by counsel. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse , 500 Pearl Street, in the City of New York, on the 12th day of December, two thousand and twelve. PRESENT: J OSÉ A. C ABRANES , R EENA R AGGI , S USAN L. C ARNEY , Circuit Judges.

_____________________________________ T ANVIR A MNA , Plaintiff-Appellant , v. No. 11-4562-cv N EW Y ORK D EPARTMENT OF H EALTH , S TATE OF N EW Y ORK , Defendants-Appellees

.

_____________________________________ FOR PLAINTIFF-APPELLANT: T ANVIR A MNA , pro se , Springfield, VA. FOR DEFENDANTS-APPELLEES: W ON S. S HIN , Assistant Solicitor General, for Eric T. Schneiderman, Attorney General of
1the State of New York, New York, NY (Barbara D. Underwood, Solicitor General, Michael S. Belohlavek, Senior Counsel, Jan E. Messerschmidt, Law Student Intern, on the brief ). Appeal from a October 3, 2011 judgment of the United States District Court for the Eastern District of New York (Carol Bagley Amon, Chief Judge ). UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED that the judgment of the district court is AFFIRMED
. Plaintiff-appellant Tanvir Amna (“Amna”), proceeding pro se , appeals from the District Court’s judgment granting summary judgment fo r defendants-appellees (“defendants”) in her employment discrimination action. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal. We review an order granting summary judgment de novo and “resolv[e] all ambiguities and draw[ ] all permissible factual inferences in favor of the party against whom summary judgment is sought.” Burg v. Gosselin , 591 F.3d 95, 97 (2d Cir. 2010) (quoting Wright v. Goord , 554 F.3d 255, 266 (2d Cir. 2009)); F ED . R. C IV . P. 56. Having conducted an independent and de novo review of the record in light of these principles, we affirm the District Court’s judgment substantially for the same reasons stated by Chief Judge Amon in her thor ough and well-reasoned order, dated September 30,
2011.

2CONCLUSION We have considered all of Amna’s arguments and find them to be without merit. Accordingly, we AFFIRM the October 3, 2011 judgment of the District Court.
FOR THE COURT: Catherine O'Hagan Wolfe, Clerk

3
#### State v. Hodges

Case below: 180 N.C. App. 692

No. 035P07

Def’s PDR Under N.C.G.S. 7A-31 (COA06-30)

Denied 05/03/07
[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Notices]
[Pages 54548-54549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25468]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 070827327-7327-01]
RIN 0648-XS21


Fisheries of the Northeastern United States; Atlantic Surfclam 
and Ocean Quahog Fisheries; Notice that Vendor Will Provide Year 2010 
Cage Tags

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 54549]]

Atmospheric Administration (NOAA), Commerce.

ACTION:  Notice of vendor to provide year 2010 cage tags.

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

SUMMARY:  NMFS informs surfclam and ocean quahog allocation owners that 
they will be required to purchase their year 2010 cage tags from the 
National Band and Tag Company. The intent of this notice is to comply 
with regulations for the Atlantic surfclam and ocean quahog fisheries 
and to promote efficient distribution of cage tags.

ADDRESSES:  Written inquiries may be sent to: Regional Administrator, 
National Marine Fisheries Service, Northeast Regional Office, 55 Great 
Republic Drive, Gloucester, MA 01930-2298.

FOR FURTHER INFORMATION CONTACT:  Anna Macan, Fishery Management 
Specialist, (978) 281-9165; fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: The Federal Atlantic surfclam and ocean 
quahog fishery regulations at 50 CFR 648.75(b) authorize the Regional 
Administrator of the Northeast Region, NMFS, to specify in the Federal 
Register a vendor from whom cage tags, required under the Atlantic 
Surfclam and Ocean Quahog Fishery Management Plan (FMP), shall be 
purchased. Notice is hereby given that National Band and Tag Company of 
Newport, Kentucky, is the authorized vendor of cage tags required for 
the year 2010 Federal surfclam and ocean quahog fisheries. Detailed 
instructions for purchasing these cage tags will be provided in a 
letter to allocation owners in these fisheries from NMFS within the 
next several weeks.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 16, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-25468 Filed 10-21-09; 8:45 am]
BILLING CODE 3510-22-S
#### UNITED STATES of America, Plaintiff-Appellee, v. Donnie MONTGOMERY, Defendant-Appellant.

No. 06-7068.

United States Court of Appeals, Fourth Circuit.

Submitted: Oct. 31, 2006.

Decided: Nov. 6, 2006.

Donnie Montgomery, Appellant Pro Se. Lynne Ann Battaglia, Martin Joseph Clarke, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Donnie Montgomery seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2000) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appeal-*225ability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Montgomery has not made the requisite showing. Accordingly, we deny Montgomery’s motion for a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2656 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2656

      To extend temporarily the suspension of duty on mixtures or 
          coprecipitates of yttrium oxide and europium oxide.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2009

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

_______________________________________________________________________

                                 A BILL

 
      To extend temporarily the suspension of duty on mixtures or 
          coprecipitates of yttrium oxide and europium oxide.

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

SECTION 1. MIXTURES OR COPRECIPITATES OF YTTRIUM OXIDE AND EUROPIUM 
              OXIDE.

    (a) In General.--Heading 9902.23.04 of the Harmonized Tariff 
Schedule of the United States (relating to mixtures or coprecipitates 
of yttrium oxide and europium oxide) is amended by striking the date in 
the effective period column and inserting ``12/31/2011''.
    (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>
```
Exhibit 32.1

Certification Pursuant to 18 U.S.C. § 1350,
As Adopted Pursuant to Section 906
of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Sport-Haley, Inc. (the "Company") on Form 10-K for the year ended June 30, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"), we, the undersigned Chief Executive Officer and Chief Financial Officer of the Company, do each certify, to our
respective knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2003, that:



Dated:
September 29, 2003

|/s/KEVIN M. TOMLINSONKevin M. Tomlinson
Chief Executive Officer |  | 
|--------------------------------------------------------------- |  | 
|/s/PATRICK W. HURLEYPatrick W. Hurley
Chief Financial Officer   |  | 

---

QuickLinks
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 of Columbia Laboratories, Inc. (the Company) on Form 10-Q for the period ended June 30, 2003 as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Fred Wilkinson, Chief Executive 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 to the best of my knowledge:



| | (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 result of operations of the Company.
| | --- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------



/s/    Fred
Wilkinson

Fred Wilkinson

Chief Executive Officer

August 14, 2003