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

Appellate Division, Fourth Judicial Department

736 

CA 14-02183 

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, AND DEJOSEPH, JJ. 

 

KELSEY D. COVELL, PLAINTIFF-APPELLANT, 

V MEMORANDUM AND ORDER

SAMANTHA M. SLOCUM, DEFENDANT-RESPONDENT.

 

CELLINO & BARNES, P.C., BUFFALO (ELLEN B. STURM OF COUNSEL), FOR

PLAINTIFF-APPELLANT. 

LAW OFFICE OF DANIEL R. ARCHILLA, BUFFALO (JOAN M. RICHTER OF

COUNSEL), FOR DEFENDANT-RESPONDENT. 

 

Appeal from an order and judgment (one paper) of the Supreme

Court, Niagara County (Frank Caruso, J.), entered March 11, 2014. The

order and judgment granted the motion of defendant for summary

judgment dismissing the complaint. 

It is hereby ORDERED that the order and judgment so appealed from

is unanimously reversed on the law without costs, the motion is

denied, and the complaint is reinstated. 

Memorandum: Plaintiff commenced this action to recover damages

for injuries she allegedly sustained when she was struck by a vehicle

operated by defendant on the street in front of plaintiff’s house.

Supreme Court erred in granting defendant’s motion for summary

judgment dismissing the complaint. 

Even assuming, arguendo, that defendant met her initial burden on

the motion, we conclude that plaintiff’s opposing papers demonstrated

the existence of a triable issue of fact requiring denial of

defendant’s motion. Specifically, plaintiff submitted the affidavit

of a witness who averred that, immediately after the accident,

defendant essentially stated that she had not seen plaintiff prior to

the collision. We reject defendant’s contention that we should

decline to consider that witness’s affidavit because plaintiff failed

to disclose the witness’s identity and/or defendant’s alleged

statements in responding to defendant’s discovery demands. Although

defendant’s “admissions” should have been disclosed during discovery,

“there is no indication that the failure to do so was willful or

contumacious” and, therefore, the affidavit “may properly be

considered in opposition to defendant[’s] motion” (Schaaf v Pork Chop,

Inc., 24 AD3d 1277, 1278). Nevertheless, in light of plaintiff’s

failure to disclose, we further conclude that, upon appropriate motion

from defendant, the court should afford defendant additional rights of
-2- 736 

CA 14-02183 

discovery pursuant to 22 NYCRR 202.21 (d) (see generally Gendusa v Yu

Lin Chen, 71 AD3d 1085, 1086; Schaaf, 24 AD3d at 1278). 

Entered: July 10, 2015 Frances E. Cafarell

Clerk of the Court
[Cite as State ex rel. Nelson v. Astrab, 2011-Ohio-5838.]

Court of Appeals of Ohio 

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA 

JOURNAL ENTRY AND OPINION 

No. 97338 

 

STATE OF OHIO, EX REL., 

J. C. NELSON 

RELATOR 

vs. 

 

MICHAEL ASTRAB, JUDGE 

RESPONDENT 

 

JUDGMENT: 

WRIT DENIED 

Writ of Mandamus 

Motion No. 448615 

Order No. 448942 

RELEASE DATE: November 8, 2011 
2

 

ATTORNEY FOR RELATOR

J. C. Nelson, pro se 

Inmate #A-491-417 

Grafton Correctional Institution 

1800 S. Avon-Belden Road 

Grafton, Ohio 44044 

ATTORNEYS FOR RESPONDENT

William D. Mason 

Cuyahoga County Prosecutor 

By: James E. Moss 

Assistant County Prosecutor 

8th Floor Justice Center 

1200 Ontario Street 

Cleveland, Ohio 44113 

EILEEN A. GALLAGHER, J.: 

{¶ 1} J.C. Nelson has filed a complaint for a writ of mandamus. Nelson seeks an 

order from this court that requires Judge Michael Astrab to render a ruling with regard to a 

motion for jail-time credit as filed in State v. Nelson, Cuyahoga County Court of Common 

Pleas Case No. CR-466734.1

 Judge Astrab has filed a motion for summary judgment, which 

is granted for the following reason. 

 1Pursuant to Civ.R. 25(D)(1), Judge Michael Astrab is substituted for the judge that was originally assigned to the 

underlying case.
3

{¶ 2} Attached to Judge Astrab’s motion for summary judgment is a copy of a 

judgment entry, as journalized on October 14, 2011, which granted Nelson’s motion for 

jail-time credit in the amount of 77 days. Nelson’s request for a writ of mandamus is moot. 

State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 

1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 

N.E.2d 1163. In addition, any error associated with the calculation of jail-time credit must be 

addressed through an appeal. State ex rel. Britton v. Foley-Jones (Mar. 5, 1998), Cuyahoga 

App. No. 73646; State ex rel. Spates v. Sweeney (Apr. 17, 1997), Cuyahoga App. No. 71986. 

{¶ 3} Accordingly, we grant Judge Astrab’s motion for summary judgment. Costs 

awarded to Nelson; costs waived. It is further ordered that the Clerk of the Eighth District 

Court of Appeals serve notice of this judgment upon all parties as required by Civ.R. 58(B). 

Writ denied. 

__________________________________________

EILEEN A. GALLAGHER, JUDGE 

MARY J. BOYLE, P.J., and 

FRANK D. CELEBREZZE, JR., J., CONCUR
CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


     The  undersigned  hereby  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
undersigned's  best knowledge and belief,  the Quarterly Report on Form 10-Q for
the Geodyne  Energy Income  Limited Partnership  II-C  ("Issuer") for the period
ending  September 30, 2003 as filed with the Securities and Exchange  Commission
on the date hereof (the "Report"):

      (a)   fully complies with the requirements of section 13(a) or 15(d) of
            the Securities Exchange Act of 1934; and
      (b)   the  information  contained in the Report  fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Issuer.

      Dated this 14th day of November, 2003.

                                    GEODYNE ENERGY INCOME LIMITED
                                    PARTNERSHIP II-C
                                    ("Issuer")

                                    //s// Dennis R. Neill
                                    -----------------------------------
                                    Dennis R. Neill
                                    President (Chief Executive Officer)

                                    //s// Craig D. Loseke
                                    -----------------------------------
                                    Craig D. Loseke
                                    Chief Accounting Officer
                                    (Chief Financial Officer)


      A signed  original of this written  statement  required by Section 906 has
been  furnished to Geodyne  Energy Income  Limited Partnership  II-C and will be
retained by Geodyne Energy Income Limited  Partnership II-C and furnished to the
Securities and Exchange Commission or its staff upon request.
II 

111TH CONGRESS 

1ST SESSION S. 338 

To amend the Omnibus Indian Advancement Act to modify the date as 

of which certain tribal land of the Lytton Rancheria of California is 

deemed to be held in trust and to provide for the conduct of certain 

activities on the land. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 28, 2009 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on Indian Affairs 

A BILL 

To amend the Omnibus Indian Advancement Act to modify 

the date as of which certain tribal land of the Lytton 

Rancheria of California is deemed to be held in trust 

and to provide for the conduct of certain activities on 

the land. 

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

3 SECTION 1. LYTTON RANCHERIA OF CALIFORNIA. 

4 Section 819 of the Omnibus Indian Advancement Act 

5 (Public Law 106–568; 114 Stat. 2919) is amended— 

6 (1) in the first sentence, by striking ‘‘Notwith7 standing’’ and inserting the following: 


smartinez on PROD1PC64 with BILLS
2 

•S 338 IS

1 ‘‘(a) ACCEPTANCE OF LAND.—Notwithstanding’’; 

2 (2) in the second sentence, by striking ‘‘The 

3 Secretary’’ and inserting the following: 

4 ‘‘(b) DECLARATION.—The Secretary’’; and 

5 (3) by striking the third sentence and inserting 

6 the following: 

7 ‘‘(c) TREATMENT OF LAND FOR PURPOSES OF CLASS

8 II GAMING.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

10 notwithstanding any other provision of law, the 

11 Lytton Rancheria of California may conduct activi12 ties for class II gaming (as defined in section 4 of 

13 the Indian Gaming Regulatory Act (25 U.S.C. 

14 2703)) on the land taken into trust under this sec15 tion. 

16 ‘‘(2) REQUIREMENT.—The Lytton Rancheria of 

17 California shall not expand the exterior physical 

18 measurements of any facility on the Lytton 

19 Rancheria in use for class II gaming activities on 

20 the date of enactment of this paragraph. 

21 ‘‘(d) TREATMENT OF LAND FOR PURPOSES OF

22 CLASS III GAMING.—Notwithstanding subsection (a), for 

23 purposes of class III gaming (as defined in section 4 of 

24 the Indian Gaming Regulatory Act (25 U.S.C. 2703)), the 

25 land taken into trust under this section shall be treated, 


smartinez on PROD1PC64 with BILLS
3 

•S 338 IS

1 for purposes of section 20 of the Indian Gaming Regu2 latory Act (25 U.S.C. 2719), as if the land was acquired 

3 on October 9, 2003, the date on which the Secretary took 

4 the land into trust.’’. 

Æ 


smartinez on PROD1PC64 with BILLS
Exhibit 32(d)

CERTIFICATION PURSUANT TO  18 U.S.C. SECTION 1350  AS ADOPTED PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I,
E. Follin Smith, Senior Vice President and Chief Financial Officer of Baltimore Gas and Electric Company, certify pursuant to 18 U.S.C. Section 1350 adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 that to my knowledge:

(i)    The
accompanying Annual Report on Form 10-K for the year ended December 31, 2005 fully complies with the requirements of Section 13(a)
or Section 15(d) of the Securities Exchange Act of 1934, as amended; and

(ii)   The
information contained in such report fairly presents, in all material respects, the financial condition and results of operations of Baltimore Gas and Electric
Company.

|/s/E. FOLLIN SMITH                                                |  | 
|----------------------------------------------------------------- |  | 
|E. Follin Smith
Senior Vice President and Chief Financial Officer |  | 

Date:
March 3, 2006

---



QuickLinks
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

BRUNO ANDRE

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 20

- 1235

[ September 17, 2020 ]

Appeal of order denying rule 3.850 motion from the Circuit Court for

the Nineteenth Judicial Circuit, St. Lucie County ; William L. Roby

, Judge; L.T. Case No. 562006CF000059A

.

Bruno Andre, Jasper, pro se.

No appearance required for appellee.

P ER C URIAM

.

Affirmed.

C IKLIN

, G ERBER and K LINGENSMITH

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
**EXHIBIT 31.1** **CHIEF    EXECUTIVE OFFICER CERTIFICATION**     I, Harvey J. Bazaar, certify that:     1. I have reviewed this Amendment No. 1 to the Annual    Report on    Form 10-K/A    of BKF Capital Group, Inc.;     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. The registrant’s 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 internal control over financial reporting (as defined in    Exchange Act    Rules 13a-15(f)    and    15d-15(f))    for the registrant and have:     a) Designed such disclosure controls and procedures, or    caused such disclosure controls and procedures to be designed    under our supervision, 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 in    being prepared;     b) Designed such internal control over financial reporting,    or caused such internal control over financial reporting to be    designed under our supervision, to provide reasonable assurance    regarding the reliability of financial reporting and the    preparation of financial statements for external purposes in    accordance with generally accepted accounting principles;     c) Evaluated the effectiveness of the registrant’s    disclosure controls and procedures and presented in this report    our conclusions about the effectiveness of the disclosures    controls and procedures, as of the end of he period covered by    this report based on such evaluation; and     d) Disclosed in this report any change in the    registrant’s internal control over financial reporting that    occurred during the registrant’s most recent fiscal quarter    that has materially affected, or is reasonably likely to    materially affect, the registrant’s internal control over    financial reporting; and     4. The registrant’s other certifying officer and I    have disclosed, based on our most recent evaluation of internal    control over financial reporting, 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 controls over financial    reporting which are reasonably likely 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 other employees who have a significant role in the    registrant’s internal control over financial reporting. /s/  HARVEY    J. BAZAAR    Harvey J. Bazaar    Chief Executive Officer     Date: April 15, 2008
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-64,396]

                    By application dated February 11, 2009, the United Steelworkers International Union (USW), District 7 requested administrative reconsideration of the negative determination regarding workers' eligibility to apply for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA) applicable to workers and former workers of the subject firm. The determination was issued on January 14, 2009. The Notice of Determination was published in the                     **Federal Register**                     on February 2, 2009 (74 FR 5871).                

The initial investigation resulted in a negative determination based on the finding that imports of copper tubing did not contribute importantly to worker separations at the subject firm and no shift of production to a foreign source occurred.

In the request for reconsideration, the petitioner provided additional information regarding imports of copper tubing and alleged that the customers might have increased imports of copper tubing in the relevant period.

The Department has carefully reviewed the request for reconsideration and the existing record and has determined that the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974.

## Conclusion

After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor's prior decision. The application is, therefore, granted.

Signed at Washington, DC, this 10th day of June 2009.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-14329 Filed 6-17-09; 8:45 am]

BILLING CODE 4510-FN-P
CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


     The  undersigned  hereby  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
undersigned's  best knowledge and belief,  the Quarterly Report on Form 10-Q for
the Geodyne Energy Income  Limited  Partnership  II-C  ("Issuer") for the period
ending  September 30, 2004 as filed with the Securities and Exchange  Commission
on the date hereof (the "Report"):

      (a)   fully complies with the requirements of section 13(a) or 15(d) of
            the Securities Exchange Act of 1934; and
      (b)   the  information  contained in the Report  fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Issuer.

     Dated this 12th day of November, 2004.

                                    GEODYNE ENERGY INCOME LIMITED
                                    PARTNERSHIP II-C
                                    ("Issuer")

                                    //s// Dennis R. Neill
                                    -----------------------------------
                                    Dennis R. Neill
                                    President (Chief Executive Officer)

                                    //s// Craig D. Loseke
                                    -----------------------------------
                                    Craig D. Loseke
                                    Chief Accounting Officer
                                    (Chief Financial Officer)


      A signed  original of this written  statement  required by Section 906 has
been  furnished to Geodyne  Energy Income  Limited  Partnership II-C and will be
retained by Geodyne Energy Income Limited  Partnership II-C and furnished to the
Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS AS FOUND
ON PAGES 3 AND 4 OF THE COMPANY'S FORM 10-Q FOR THE FISCAL AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             OCT-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          34,163
<SECURITIES>                                    61,315
<RECEIVABLES>                                   23,129
<ALLOWANCES>                                       830
<INVENTORY>                                      2,594
<CURRENT-ASSETS>                               149,931
<PP&E>                                          44,860
<DEPRECIATION>                                  19,126
<TOTAL-ASSETS>                                 241,336
<CURRENT-LIABILITIES>                           22,272
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            41
<OTHER-SE>                                     215,807
<TOTAL-LIABILITY-AND-EQUITY>                   241,336
<SALES>                                         41,828
<TOTAL-REVENUES>                                41,828
<CGS>                                           22,025
<TOTAL-COSTS>                                   22,025
<OTHER-EXPENSES>                                50,659
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  29
<INCOME-PRETAX>                               (27,369)
<INCOME-TAX>                                   (3,497)
<INCOME-CONTINUING>                           (23,872)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (23,872)
<EPS-PRIMARY>                                   (0.59)
<EPS-DILUTED>                                   (0.59)
        

</TABLE>
EXHIBIT 32.1


                  CERTIFICATION PURSUANT TO RULE 13a-14(b) and
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                 Section 906 of the Sarbanes-Oxley Act of 2002


     In connection with the filing by Camelot Corporation (the "Company") of the
Annual Report on Form 10-KSB for the period ending April 30, 2008 (the
"Report"), I, Danny Wettreich, Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. 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)
               and 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
               operation of the Company.







                                               /s/ Danny Wettreich
                                               ---------------------------------
                                               Danny Wettreich
                                               Chief Executive Officer


Dated:  June 23, 2008