alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### PATRICK v. BEASLEY. BEASLEY v. WARNER et al.

United States District Court, S. D. New York.

Oct. 9, 1953.

*205Samuel Rowe, New York City, for third party plaintiff.

Colton & Pinkham, New York City '(Spencer Pinkham, New York City, of counsel), for third party defendant, J. Arthur Warner.

WEINFELD, District Judge.

The third party plaintiff’s first two causes of action fail to allege *facts*from which it appears that the third party defendant may be liable in whole or in part for the claim asserted by the plaintiff against the defendant-third party plaintiff. The ultimate legal conclusions of the complaint do not provide that ■‘‘short and plain statement of the claim showing that the pleader is entitled to relief * * *” required under Rule 8, Federal Rules of Civil Procedure, 28 U.S.C.A.

The motion to dismiss these two causes of action is granted with leave to serve an amended complaint within twenty days after the entry of an order hereon.

The third, fourth and fifth causes of action apparently are based upon a joint venture agreement between the third party plaintiff and the third party defendant involving the sale and proceeds of certain stock and seek an accounting with respect thereto. No allegation is contained therein as to plaintiff’s claim against the third party plaintiff. Counsel for the third party plaintiff upon the argument of the motion conceded as much.

A simple cause for professional ■services allegedly rendered by plaintiff to defendant should not become entangled with an involved action concerning a joint venture between the defendant and the third party defendant on matters entirely unrelated to the claim of the plaintiff.

The motion to dismiss the third, fourth and fifth causes of action is granted.

Settle order on notice.
Exhibit No. 32.2


               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 annual report of Ambassador  Food Services  Corporation
(the  "Company")  on Form  10-KSB for the year ended May 29,  2003,  filed with
the  Securities  and  Exchange   Commission  (the   "Report"),  I,  John Makula,
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) of the
      Securities Exchange Act of 1934; and

2.    The information  contained in the Report fairly presents, in all material
      respects,  the consolidated  financial condition of the Company as of the
      dates  presented  and  consolidated  results of operations of the Company
      for the periods presented.

Date:

                                                       /s/  John Makula
                                                       ------------------------
                                                        Chief Financial Officer
                                           Ambassador Food Services Corporation



This  certification  has been furnished  solely  pursuant to Section 906 of the
Sarbanes-Oxley  Act of  2002.  A  signed  original  of this  written  statement
required  by  Section  906  has  been  provided  to  Ambassador  Food  Services
Corporation  and will be retained by Ambassador  Food Services  Corporation and
furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          713842
<SECURITIES>                                         0
<RECEIVABLES>                                    79049
<ALLOWANCES>                                         0
<INVENTORY>                                     621866
<CURRENT-ASSETS>                               1451288
<PP&E>                                          403932
<DEPRECIATION>                                  249320
<TOTAL-ASSETS>                                 1612000
<CURRENT-LIABILITIES>                            54087
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          2485
<OTHER-SE>                                     1540390
<TOTAL-LIABILITY-AND-EQUITY>                   1612000
<SALES>                                         848300
<TOTAL-REVENUES>                                863263
<CGS>                                           585565
<TOTAL-COSTS>                                   359355
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (81657)
<INCOME-TAX>                                    (4554)
<INCOME-CONTINUING>                            (77103)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (77103)
<EPS-PRIMARY>                                      0.0
<EPS-DILUTED>                                      0.0
        

</TABLE>
Exhibit 32.2  Certification  Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned hereby certifies that:  (1) I have reviewed the Quarterly Report on Form 10-Q of Inland Land Appreciation Fund, L.P.  (the "Report") to which this statement is an Exhibit;  (2) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  (3) The information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of Inland Land Appreciation Fund, L.P.  By:Inland Real Estate Investment CorporationGeneral PartnerBy:/s/ Donna UrbainName:Donna UrbainTitle:Principal Financial Officer with respect to Inland Land Appreciation Fund, L.P.Date:November 13, 2009
#### In the Matter of Gregory A. Goodwine, Sr., Appellant, v William A. Lee, Respondent.

Submitted October 1, 2012;

decided December 11, 2012

Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the proceeding within the meaning of the Constitution.
<TABLE> <S> <C>


<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                       4,163,750
<SECURITIES>                                24,467,466
<RECEIVABLES>                                4,260,820
<ALLOWANCES>                                   230,000
<INVENTORY>                                 19,702,932
<CURRENT-ASSETS>                            52,823,729
<PP&E>                                       2,068,564
<DEPRECIATION>                               1,240,896
<TOTAL-ASSETS>                              54,081,200
<CURRENT-LIABILITIES>                        1,442,928
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       175,622
<OTHER-SE>                                  52,462,650
<TOTAL-LIABILITY-AND-EQUITY>                54,081,200
<SALES>                                      7,139,880
<TOTAL-REVENUES>                             7,139,880
<CGS>                                        4,469,671
<TOTAL-COSTS>                                4,469,671
<OTHER-EXPENSES>                             1,432,999
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,237,210
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,237,210
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,237,210
<EPS-PRIMARY>                                      .07
<EPS-DILUTED>                                      .07
        


</TABLE>
Dismissed and Memorandum Opinion filed January 13 , 2015.

In The 

## Fourteenth Court of Appeals

NO. 14

- 13

- 00341

- CV

RICHARD H. PARKER , Appellant

V.

HELEN CHRISTINE PARK ER , Appellee

On Appeal from the 247th District Court Harris County, Texas Trial Court Cause No. 2012

- 13073

MEMORANDUM OPINION

This appeal is from a judgment signed April 10, 2013 . No clerk’s record has been filed. The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record.

On November 19, 2014 , notification was transmitted to all parties of the

court ’s intention to dismiss the appeal for want of prosecution unless, within2 fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment. See Tex. R. App. P. 37.3(b).

Appellant has not provided this co urt with proof of payment for the record. Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Christopher, Donovan, and Wise.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1998
<CASH>                                         120,263
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                       1,710,688
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               2,000,828
<CURRENT-LIABILITIES>                          104,024
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  (2,101,768)
<TOTAL-LIABILITY-AND-EQUITY>                 2,000,828
<SALES>                                        432,650
<TOTAL-REVENUES>                                (4,551)
<CGS>                                          399,049
<TOTAL-COSTS>                                  442,949
<OTHER-EXPENSES>                               121,054
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              87,317
<INCOME-PRETAX>                              (125,605)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (125,615)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (125,615)
<EPS-PRIMARY>                                  (69.78)
<EPS-DILUTED>                                  (69.78)
        

</TABLE>
Please contact the CJIS Audit Unit at cau@nigc.gov with any questions.

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Status History Codes

Located under Transaction Section, The History link will open the Status History for Transaction ID (# 

of transaction.) The following codes appear for each transaction. The codes mean the following:

• Created

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• Prepared

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all tasks at this point.

Date Version Number CAU Personnel

07.21.23 1.0 McDonald
**EXHIBIT 31.2**
**CERTIFICATIONS**
I, Ranell M. Jacobson, certify that:
1. I have reviewed this quarterly report on Form 10-Q of Fortis Benefits Insurance Company;
2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;
3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in this report;
4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
(a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;
(b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered bythis report based on such evaluation; and
(c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscalquarter (the registrant’s fourth fiscal quarter in the case of an annual report)that has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions):
(a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport 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: May 16, 2005                           /s/ Ranell M. Jacobson   Ranell M. Jacobson   Treasurer
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-H  ("Issuer") for the period
ending  September 30, 2006 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 20th day of November, 2006.

                                    GEODYNE ENERGY INCOME LIMITED
                                    PARTNERSHIP II-H
                                    ("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-H and will be
retained by Geodyne Energy Income Limited  Partnership II-H and furnished to the
Securities and Exchange Commission or its staff upon request.
#### The People of the State of New York, Respondent, v Paul Harris, Appellant.

[976 NYS2d 217]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered November 21, 2011, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the trial court erred in permitting the People to impeach their own witness with prior inconsistent statements contained in that witness’s grand jury testimony is unpreserved for appellate review *(see*CPL 470.05 [2]; *see also People v Jones,*25 AD3d 724, 725 [2006]). In any event, the defendant’s contention is without merit. In his grand *739jury testimony, the witness testified that he saw the defendant at the crime scene at the time of the shooting with a gun in his hand, and that the defendant shot him. However, at trial, the witness testified that he did not see the defendant at the crime scene. “Thus, the eyewitness’s trial testimony tended to disprove the People’s case and affirmatively damaged the People’s position” *(People v Jones,*25 AD3d at 725). Accordingly, the trial court properly allowed the People to impeach the witness pursuant to CPL 60.35 with his grand jury testimony *(see id.; People v Broomfield,*163 AD2d 403, 403-404 [1990]; *People v Magee,*128 AD2d 811, 811 [1987]; *cf. People v Fitzpatrick,*40 NY2d 44, 51 [1976]).

The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]).

The defendant’s remaining contentions are without merit. Dickerson, J.P, Chambers, Roman and Miller, JJ., concur. [Prior Case History: 34 Misc 3d 281.]
#### The People of the State of New York, Respondent, v Gerald L. Fryar, Appellant.

[976 NYS2d 668]

Appeal by the defendant from a resentence of the County Court, Dutchess County (Greller, J.), imposed October 31, 2011, upon his conviction of burglary in the second degree, upon a jury verdict, the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on May 19, 2004. Assigned counsel has submitted a brief in accordance with *Anders v California*(386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the appellant.

Ordered that the resentence is affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant’s assigned counsel pursuant to *Anders v California*(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 the appeal. Counsel’s application for leave to withdraw as counsel is, therefore, granted *(see Anders v California,*386 US 738 [1967]; *Matter of Giovanni S. [Jasmin A.],*89 AD3d 252 [2011]; *People v Paige,*54 AD2d 631 [1976]; *cf. People v Gonzalez,*47 NY2d 606 [1979]). Mastro, J.P, Balkin, Sgroi and Hinds-Radix, JJ., concur.
---

Exhibit 32.2
 
 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 AllianceBernstein Holding L.P. (the “Company”) on Form 10-Q for the period ending June 30, 2011 to be filed with the Securities and Exchange Commission on or about July 29, 2011 (the “Report”), I, Edward J. Farrell, Chief Accounting Officer and Interim Chief Financial Officer of the Company, certify, for the purpose of complying with Rule 13a-14(b) or 15d-14(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) and 18 U.S.C. Sec. 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 Exchange Act; and
 
 (2)
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 Date:  July 29, 2011
/s/ Edward J. FarrellEdward J. FarrellChief Accounting Officer andInterim Chief Financial OfficerAllianceBernstein Holding L.P.