alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Svetlana Tselikman et al., Appellants, v Marvin Court, Inc., et al., Respondents.

*[824*NYS2d 298]

*909In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Rosenberg, J.), dated July 29, 2005, which granted the defendants’ motion to vacate pursuant to CPLR 317 a prior order of the same court (M. Garson, J.), dated April 8, 2003, granting, without opposition, their motion for leave to enter judgment upon the defendants’ default in appearing or answering and setting the matter down for an inquest, and to compel them to accept the defendants’ untimely answer.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court providently exercised its discretion in granting the defendants’ motion to vacate the order entered upon their failure to appear or answer. CPLR 317 permits a defendant who has been “served with a summons other than by personal delivery” to defend the action upon a finding of the court that the defendant “did not personally receive notice of the summons in time to defend and has a meritorious defense” *(Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co.,*67 NY2d 138, 141 [1986]; *see Calderon v 163 Ocean Tenants Corp.,*27 AD3d 410 [2006]; *Hon-Kuen Lo v Gong Park Realty Corp.,*16 AD3d 553 [2005]; *Grosso v MTO Assoc. Ltd. Partnership,*12 AD3d 402, 403 [2004]). The defendants, who were served through delivery of process to the Secretary of State, established that they did not receive personal notice of the summons in time to defend *(see Calderon v 163 Ocean Tenants Corp., supra*at 410-411; *Ford v 536 E. 5th St. Equities,*304 AD2d 615 [2003]). Furthermore, there is no basis to conclude that the defendants deliberately attempted to avoid notice of the action. There was no evidence that the defendants were on notice of the failure to designate a new registered agent for service or that an old address was on file with the Secretary of State *(see Calderon v 163 Ocean Tenants Corp., supra*at 411; *Grosso v MTO Assoc. Ltd. Partnership, supra*at 403; *Raiola v 1944 Holding,*1 AD3d 296 [2003]; *Brockington v Brookfield Dev. Corp.,*308 AD2d 498, 499 [2003]). In addition, the plaintiffs were aware of the defendants’ actual business address *(see Hon-Kuen Lo v Gong Park Realty Corp., supra; Grosso v MTO Assoc. Ltd. Partnership, supra; Trujillo v ATA Hous. Corp.,*281 AD2d 538, 539 [2001]). Finally, the affidavits submitted by the defendants were sufficient to *910demonstrate a meritorious defense *(see Hon-Kuen Lo v Gong Park Realty Corp., supra).*Florio, J.E, Crane, Luciano, Spolzino and Covello, JJ., concur.
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                    

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###### Department of Health and Human Services

###### Centers for Disease Control and Prevention

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces the aforementioned meeting.

*Time and Date:*                         12 p.m.-2 p.m., July 28, 2009 (Closed).                    

*Place:*                         Teleconference.                    

*Status:*                         The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c) (4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.                    

*Matters to be Discussed:*                         The meeting will include the initial review, discussion, and evaluation of “ARRA-Section 317 Immunization Program: Strengthening the Evidence Base Measuring Effectiveness of Two Dose of Varicella Vaccine, FOA IP04-11601ARRA09.”                    

*For More Information Contact:*                         Wendy Carr, PhD, CDC, 1600 Clifton Road, NE., Mailstop E60, Atlanta, GA 30333, Telephone: (404) 498-2276.                    

                        The Director, Management Analysis and Services Office, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry.                    

Dated: June 12, 2009.

Elaine L. Baker,

Director, Management Analysis and Services Office Centers for Disease Control and Prevention.

[FR Doc. E9-14664 Filed 6-22-09; 8:45 am]

BILLING CODE 4163-18-P
**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-Q of Solera National Bancorp, Inc. (the “Company”) for the quarterly period ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned hereby certifies, in accordance with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge:

 

(1)         The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

 

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

 

 
|   |                | SOLERA   NATIONAL BANCORP, INC.                |
|--------|---------------------|-----------------------------------------------------|
| Dated: | May 13,   2011 |                                                |   |
|   |                |                                                |
|   |                | By:                                                 | /s/   Douglas Crichfield |
|   |                | Douglas   Crichfield                                |
|   |                | President &   Chief Executive Officer      |
|   |                | (Principal   Executive Officer)                     |
|   |                |                                                |
| Dated: | May 13,   2011 |                                                |   |
|   |                |                                                |
|   |                | By:                                                 | /s/   Robert J. Fenton |
|   |                | Robert   J. Fenton                                  |
|   |                | Executive   Vice President, Chief Financial Officer |
|   |                | (Principal   Accounting and Financial Officer)      |

 

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 (“Section 906”), or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Solera National Bancorp, Inc. and will be retained by Solera National Bancorp, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

 

----
#### In the Matter of Michael Thompson, Appellant, v Brian Fischer, as Commissioner of Corrections and Community Supervision, et al., Respondents.

Decided June 27, 2012

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-7454

LARRY DARNELL JORDAN,

Plaintiff - Appellant,

versus

THOMAS RAY SIMS, Solicitor for Dorchester

County; SHERIFF OF DORCHESTER COUNTY, South

Carolina; MARGIE CARN MCKISSICK, Clerk of

Court, Dorchester County,

Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Columbia. Matthew J. Perry, Jr., District

Judge. (CA-95-1933-3-OBC)

Submitted: December 14, 1995 Decided: January 17, 1996

Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Larry Darnell Jordan, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying relief on his 42 U.S.C. § 1983 (1988) complaint. We have reviewed the

record and the district court's opinion accepting the magistrate

judge's recommendation and find no reversible error. Accordingly,

we affirm on the reasoning of the district court. Jordan v. Sims,

No. CA-95-1933-3-OBC (D.S.C. Aug. 29, 1995). 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.

AFFIRMED
Affirmed and Memorandum Opinion filed January 28 , 2020

.

In The 

## Fourteenth Court of Appeals

NO. 14- 18 -00636- CR

EVAN ANDREW BASHAM, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 264th District Court

Bell County, Texas Trial Court Cause No. 76631

MEMORANDUM OPINION

Appellant appeals his conviction for aggravated sexual assault. Appellant’s appointed counsel filed a brief in which he concludes the appeal is wholly
fr ivolous and without merit. The brief meets the requirement of Anders v. California , 386 U.S. 738 (1967), presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced. See High v.
State , 573 S.W.2d 807 (Tex. Crim. App. 1978).2

A copy of counsel’s brief was delivered to appellant. Appellant was advised of the right to examine the appellate record and file a pro se response. See Stafford
v. State , 813 S.W.2d 503, 512 (Tex. Crim. App. 1991). At appellant’s request, the record was provided to him. On September 6, 2019, appellant filed a pro se response to counsel’s brief.
We have carefully reviewed the record, counsel’s brief, and appellant’s response, and agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record. A discussion of the brief would add nothing to the jurisprudence of the state. We are not to address the merits of each claim
raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review. See Bledsoe v. State , 178 S.W.3d 824, 827– 28 (Tex. Crim. App. 2005).
Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Panel consists of Justices Wise, Jewell, and Poissant. Do Not Publish — Tex. R. App. P. 47.2(b).
Honorable Tom Moore, Opinion NO. W-98 

Criminal District Attorney, 

McLennan County, Re: Does an elected and qualiWaco, Texas. fied Public Weigher continue in such office until his 

successor "shall be duly 

qualified", the successful 

candidate in the last general election having disqualified himself before 

Dear Sir: taking office? 

This is in response to your letter of April 1, 1957, in 

which you pose a question which is substantially as follows: 

Does a duly elected and qualified Public Weigher 

continue in office until his successor "shall be duly 

qualified' in a case where the individual who was 

elected Public Weigher in the last election refused to 

qualify and serve in that capacity? 

Section 17 of Article XVI of the Constitution of Texas 

provides: 

"All officers within this State shall continue-to 

perform the duties of their offices until their s&essor 

shall be duly qualified.n 

Article 18, Vernon's Civil Statutes, reads in part as 

follows: 

"Each officer, whether elected or appointed under 

the laws of this State, and each Commissioner, or 

member of any board or commission created by the laws 

of this State, shall hold his office for the term QPOvided by law and until his su$cessor is elected or 

appointed and qualifies;. o n 

In Plains Common Consolidated School District No. 1 VS. 

gz%% ~~~t~~wr~~m',','~Td~~x,u~'v;",~~~w~~~::3s~~t~~~" histopy) 
Honorable Tom Moore, page 2 ww-g8 

'The purpose of the constitutional and statutory 

provisions requiring officers to hold over until their 

successors have qualified is to prevent vacancies in 

office and a consequent cessation of the functions of 

government. The constitutional provision is selfexecuting, and, like the similar provisions in the statutes, it is mandatory. Under the Constitution an officer cannot arbitrarily divest himself of the office until 

his successor qualifies; and even though he resigns and 

his resignation is accepted, the law operates to continue 

him in office until his successor qualifies. * * X1( 

In accord with the above statement, 

al's Opinion No. V-760 (lqbq), 

also see Attorney Genera copy of which is enclosed 

herewith. 

It would seem that in the light of the above authorities an 

incumbent official is bound to occupy his office until such time 

as a successor qualifies for the position, It is, therefore, our 

opinion that the incumbent Public Weigher shall continue to serve 

in that capacity with all powers instant thereto, until his 

successor has been duly qualified. For this reason, your question must be answered in the affirmative. 

SUMMARY 

A duly elected and qualified Public 

Weigher shall continue in such office 

until his successor "shall be duly 

qualified". 

Yours very truly, 

WCR:pf:rh 

APPROVED: 

OPINION COMMITTEE 

H. Grady Chandler, Chairman 

Arthur Sandlin 

Richard Stone 

B. H. Timmins,Jr. 

REVIEWED FOR THE ATTORNEY GENERAL 

Geo. P. Blackburn 

WILL WILSON 

Assistant
<TABLE> <S> <C>

<ARTICLE>                           5
<CIK>                               0000824894
<NAME>                              GEODYNE ENERGY INCOME LIMITED PTSP II-A

<S>                                 <C>
<PERIOD-TYPE>                       6-MOS
<FISCAL-YEAR-END>                   DEC-31-1999
<PERIOD-START>                      JAN-01-1999
<PERIOD-END>                        JUN-30-1999
<CASH>                                   395,954
<SECURITIES>                                   0
<RECEIVABLES>                            777,048
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                       1,173,002
<PP&E>                                30,995,629
<DEPRECIATION>                        27,182,134
<TOTAL-ASSETS>                         5,687,983
<CURRENT-LIABILITIES>                    215,102
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
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<OTHER-SE>                             5,292,556
<TOTAL-LIABILITY-AND-EQUITY>           5,687,983
<SALES>                                1,494,025
<TOTAL-REVENUES>                       1,701,215
<CGS>                                          0
<TOTAL-COSTS>                          1,227,042
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                          474,173
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                      474,173
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                             474,173
<EPS-BASIC>                               0.91
<EPS-DILUTED>                                  0



</TABLE>
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 Lexington Energy Services Inc. (the Company) on Form 10-QSB for the period ended August 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brent Nimeck, Chief Executive Officer and 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 results of operations of the Company.  October 17, 2007 By: /s/  Brent Nimeck Brent Nimeck
Chief Executive Officer and Chief Financial Officer
**CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
In connection with the Quarterly Report of Sentry Petroleum Ltd. (the "Company") on Form 10-Q for the period ended May 31, 2008 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Raj Rajeswaran, President 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated this 14th day of July, 2008.

BY:
 RAJ RAJESWARAN                        RAJ  RAJESWARAN, President **
#### In the Matter of Robert E. MacLaren, Appellant, v City of Norwich Housing Authority et al., Respondents.

Submitted May 21, 2012;

decided June 28, 2012

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
Exhibit 21.1  Subsidiaries of the Registrants   Blue Ridge Real Estate Company SubsidiariesJurisdiction of Incorporation/ Formation1.
Northeast Land CompanyPennsylvania2.
Jack Frost Mountain CompanyPennsylvania3.
BRRE Holdings, Inc.Delaware4.
Boulder Creek Resort CompanyPennsylvania5.
Moseywood Construction CompanyPennsylvania6.
Jack Frost National Golf Course, Inc.Pennsylvania7.
Coursey Commons Shopping Center, LLCLouisiana8.
Coursey Creek, LLCLouisiana9.
Cobble Creek, LLCLouisiana10.
Blue Ridge Acquisition CompanyPennsylvania11.
Flower Fields Motel, LLCPennsylvaniaBig Boulder Corporation SubsidiariesJurisdiction of Incorporation/ Formation1.
Lake Mountain CompanyPennsylvania2.
BBC Holdings, Inc.Delaware3.
Big Boulder Lodge, Inc.Pennsylvania
IV 

116TH CONGRESS 

1ST SESSION H. RES. 332 

Recognizing the accomplishments and the contributions of Vietnamese 

Americans. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2019 

Mr. CORREA (for himself, Mrs. MURPHY, Mr. LOWENTHAL, Ms. NORTON, Mr. 

CASE, Ms. LOFGREN, Mr. CISNEROS, Ms. PORTER, Mr. KHANNA, Mr. 

ROUDA, and Mr. BEYER) submitted the following resolution; which was 

referred to the Committee on Oversight and Reform 

RESOLUTION 

Recognizing the accomplishments and the contributions of 

Vietnamese Americans. 

Whereas, in the aftermath of the Vietnam War, approximately 800,000 Vietnamese refugees fleeing persecution 

resettled in the United States; 

Whereas an estimated 1.7 million Vietnamese Americans currently reside in the United States, making the United 

States home to the largest number of individuals of Vietnamese descent outside of Vietnam and Vietnamese 

Americans the fourth largest Asian American population 

in the United States; 

Whereas Vietnamese Americans have established strong communities across the country, including in the States of 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HRES 332 IH 

California, Florida, Georgia, Louisiana, Massachusetts, 

Minnesota, New York, Pennsylvania, Texas, Virginia, and 

Washington; 

Whereas first- and second-generation Vietnamese Americans 

have overcome tremendous socioeconomic challenges, including discrimination, language and cultural barriers, 

and poverty, to emerge as significant contributors to 

American society; 

Whereas Vietnamese Americans contribute to American society through their work in business, education, science 

and technology, engineering, mathematics, literature and 

the arts, gastronomy, the Armed Forces, and public service at every level of government; 

Whereas Vietnamese Americans support the advancement of 

religious freedom, democracy, and human rights around 

the world; and 

Whereas Vietnamese Americans contribute to the rich cultural and religious diversity of the Nation: Now, therefore, be it 

1 Resolved, That it is the sense of the House of Rep2 resentatives to recognize the accomplishments and signifi3 cant contributions of Vietnamese Americans in the United 

4 States. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
# Carryover

> 
Carryover is the process of carrying unobligated funds from a previous budget period into the current budget period. Carryover requests are for immediate need only and should not be requested only because there are unobligated balance funds available. Learn more about submitting carryover requests. 

## Do I Need to Request a Carryover?

The mechanisms below typically do not have automatic carryover authority and often require the recipient organization to submit a formal request. See Section III of the NoA to determine the carryover authority for your award.
              - Cooperative agreements (U) 
              - Awards to individuals, including fellowships (F) 
              - Program centers (P30, P50) 
              - Clinical trials (regardless of activity code) 
              - Training grants 
              - Non-Fast Track, Phase 1 one-year SBIR (R43) and one-year STTR (R41) 

## How to Submit a Carryover Request 

If your award does not have automatic carryover authority, you should submit an official carryover request that includes the  information below.
              - A detailed budget with budget justifications	                 - Personnel costs should be broken down, per person, into salary, fringe, and effort for the carryover period.
                - Detailed subcontract budgets should also be included.
              - Facilities and administrative (F&A) checklist page 
              - A scientific justification for the use of funds, including how the carryover funds will allow the investigators to accelerate progress  
              - Reason for the unobligated balance 
> 
The most recent federal financial report (FFR) for the grant must be submitted and accepted by NIH in order to process a carryover request.

> desktopSubmit Prior Approval Requests via the eRA Prior Approval ModuleRecipients are strongly encouraged to submit all prior approval requests through the eRA Prior Approval module. If needed, email requests must be submitted by an Authorized Business Official, and should be directed to both the assigned grants management specialist and program officer.