alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[971 NE2d 856, 948 NYS2d 575]

#### The People of the State of New York, Respondent, v Ramon Flores, Appellant.

Argued April 26, 2012;

decided June 7, 2012

*882APPEARANCES OF COUNSEL

*Anna Jost,*Tonawanda, for appellant.

*Michael J. Violante, District Attorney,*Lockport *(Thomas H. Brandt*of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant Ramon Flores was convicted, following a jury trial, of one count of first-degree sexual abuse, two counts of first-degree rape, two counts of first-degree attempted sodomy and one count of first-degree sodomy. He was subsequently sentenced to 20 years in prison to be followed by five years of postrelease supervision. On appeal, the Appellate Division exercised its interest of justice jurisdiction to reverse that part of the judgment convicting defendant of first-degree attempted sodomy under one of the counts of the indictment, dismissed that count and otherwise affirmed (83 AD3d 1460 [4th Dept 2011]).

Defendant’s indictment was based, in part, on the nine-year-old complainant’s videotaped testimony for the grand jury The district attorney provided defendant’s trial counsel with a copy of the transcript of the complainant’s grand jury testimony, and trial counsel viewed the videotape at the district attorney’s offices. Defendant argues that CPL 240.45 and *People v Rosario*(9 NY2d 286 [1961]) obligated the People to provide trial counsel with a copy of the videotape. But trial counsel did not object to the arrangements made by the district attorney for him to view the videotape; nor did he ever request a copy of it. This issue is therefore not preserved for appellate review *(People v Jackson,*
      *88378 NY2d 900 [1991]). We have considered defendant’s other arguments and find them to be without merit.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Order affirmed in a memorandum.
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-10-00262- CR

Kwan Hu ng Ng, Appellan t

v. The State of Texas, App ellee

F ROM TH E DISTRI CT COURT O F TRAVIS CO UNTY, 147 TH JUDICI AL DISTRICT NO. D-1 -DC- 08- 3018 33, H ONO RAB LE WI LF ORD F LOW ERS, JUDGE P RESIDING

M E M O R A N D U M O P I N I O N P ER CURIAM

Appellant’s brief was due in this Court on November 10, 2010. On Novembe r 24, 2010, we no tified appellant’ s counsel that appellant’ s brief was overdue and that if we did not
rec eive a s at i s fa ctory response from counsel on or before Dece mber 6, 2010, a hearing befor e the district court pursua

nt to Tex . R. App. P. 38.8(b) would be order ed. To date, a ppellant’s brie f has not been f

iled, nor have we r ece ived a r esponse f rom counsel. We there fore abate the cause and rema nd it to the district court to hold a hea ri ng in acc ordanc e with rule 38.8 of the rules of appellate proce dure. Tex. R. App. P. 38.8(b)( 2), (3). The district court shall hold a hear ing immediately to deter mine whether appellant still wishes to prosec ute his appea l, whether appellant is indige nt, and whether counsel has abandone d the appea l. See id
. I f appellant desires to ap p ea l an d is indige nt, the district court should make appropr iateorder s to ensure that appellant is adequately repr esente d on appea l. See id
. Following the hear ing,

the district court should order the appropr iate supplementary cler k’s and repor

ter’s rec ords to be prepa red a nd forwa rded to this Court no later than F ebrua ry 11, 2011. See id
.

Be fore J ustices Pury ear , Pemberton and Rose Abated Filed: January

12, 2011 Do Not Publish

2
Exhibit 10.6
 PART-TIME EMPLOYMENT AND  CONFIDENTIALITY AGREEMENT
 THIS EMPLOYMENT AND CONFIDENTIALITY AGREEMENT
 (a) BASIC EARTH SCIENCE SYSTEMS, INC. TH
 (b) Joseph B. Young
 Recitals:
   NOW, THEREFORE,
 I. EMPLOYMENT.
 1.1 Employment.
 1.2 Position and Duties.




---



##### 



1.3 Salary, Bonus and Benefits.
  April 2008
    
    80 to 100 hrsMay 2008
    
    160 to 200 hrsJune 2008
    
    120 to 150 hrs
    1.4 Term.
   II. OTHER AGREEMENTS.
 2.1 Confidential Information.




---



##### 



2.2 No Derogatory Statements.
 2.3 Survival.
 2.4 Enforcement.
 2.5 Future Endeavors.
 III. REPRESENTATIONS AND WARRANTIES.
 3.1 Representations of the Company.
 (a) Due Organization.
 (b) Full Authority.
 (c) Binding Obligation.
 (d) No Contravention.
 3.2 Representations of the Consultant.




---



##### 



(a) Binding Obligation.
 (b) No Contravention.
 (c) No Other Restrictions.
 IV. GENERAL PROVISIONS.
 4.1 Notices.
 4.2 Entire Agreement.
 4.3 Severability.
 4.4 Amendment.
 4.5 Applicable Law.
 4.6 Attorneys Fees.
 4.7 Binding Effect.
 4.8 Captions.
 4.9 Waiver.




---



##### 



4.10 Counterparts; Facsimile Execution.
 IN WITNESS WHEREOF,
 COMPANY:BASIC EARTH SCIENCE SYSTEMS, INC.By
    /s/ Ray SingletonRay Singleton, PresidentCONSULTANT:By
    /s/ Joseph B. YoungJoseph B. Young
<TABLE> <S> <C>

<ARTICLE>                           5
<CIK>                               0000850506
<NAME>                              GEODYNE ENERGY INCOME LIMITED PTSP II-F

<S>                                 <C>
<PERIOD-TYPE>                       6-MOS
<FISCAL-YEAR-END>                   DEC-31-1999
<PERIOD-START>                      JAN-01-1999
<PERIOD-END>                        JUN-30-1999
<CASH>                                   182,127
<SECURITIES>                                   0
<RECEIVABLES>                            243,521
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                         425,648
<PP&E>                                11,104,812
<DEPRECIATION>                         9,206,512
<TOTAL-ASSETS>                         2,370,321
<CURRENT-LIABILITIES>                     28,805
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                             2,316,521
<TOTAL-LIABILITY-AND-EQUITY>           2,370,321
<SALES>                                  771,173
<TOTAL-REVENUES>                         775,551
<CGS>                                          0
<TOTAL-COSTS>                            539,370
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                          236,181
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                      236,181
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                             236,181
<EPS-BASIC>                               1.14
<EPS-DILUTED>                                  0


</TABLE>
Exhibit 31.1



CERTIFICATIONS



I, Ronald A. Durando, certify that:



1. I have reviewed this quarterly report on Form 10-Q of mPhase Technologies,
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. 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 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)) for the registrants 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 is being prepared;



b. Evaluated the effectiveness of eth registrants 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 registrants internal control over
financial reporting that occurred during the registrants most recent fiscal
quarter (the registrants fourth fiscal quarter in the case of an annual report)
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 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 control 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 control over
financial reporting.



/s/ Ronald A. Durando



Ronald A. Durando

Chief Executive Officer



May 14, 2007



---
Exhibit 32.1





CERTIFICATION PURSUANT TO SECTION 906


OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)





In connection with the Quarterly Report of BreitBurn Energy Partners L.P (the “Partnership”) on Form 10-Q for the period ended March 31, 2011 , as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Halbert S. Washburn, Chief Executive Officer of BreitBurn GP, LLC, the general partner of the Partnership, 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 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 results of operations of the Partnership.




/s/ Halbert S. WashburnHalbert S. WashburnChief Executive Officer of BreitBurn GP, LLCDated:May 10, 2011
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3489 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3489

    To terminate the moratorium on deepwater drilling issued by the 
                       Secretary of the Interior.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 15, 2010

Mr. Vitter (for himself and Mr. Wicker) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
    To terminate the moratorium on deepwater drilling issued by the 
                       Secretary of the Interior.

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

SECTION 1. TERMINATION OF MORATORIUM ON DEEPWATER DRILLING.

    The moratorium set forth in the Minerals Management Service Notice 
to Lessees No. 2010-N04, dated May 30, 2010, and any suspension of 
operations issued in connection with the moratorium, shall have no 
force or effect.
                                 <all>
```
#### City of Akron, Appellee, *v.*Kirby, Appellant.

[Cite as *Akron v. Kirby*(1997), 78 Ohio St.3d 1220.]

(No. 96-838

Submitted April 1, 1997

Decided May 14, 1997.)

*Douglas J. Powley,*Chief City Prosecutor, and *Charles R. Quinn,*Assistant City Prosecutor, for appellee.

*1221
      *Edmund, M. Sawan,*for appellant.

The appeal is dismissed, *sum sponte,*as having been improvidently allowed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
<PAGE>


                                  Exhibit 24(i)



                       CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Prospectuses
constituting part of the Registration Statements on Form S-8 (No. 33-31587 and
No. 33-31588) of REXX Environmental Corporation (formerly Oak Hill Sportswear
Corporation) of our report dated March 4, 1998 appearing on page 17 of this Form
10-K. We also consent to the incorporation by reference of our report on the
Financial Statement Schedule, which appears on page 39 of this Form 10-K.






PRICE WATERHOUSE LLP

New York, New York
March 30, 1998


                                 44 OF 44 PAGES
IV 

★

116TH CONGRESS 

1ST SESSION H. RES. 21 

Recognizing and celebrating the 60th anniversary of the entry of Alaska 

into the Union as the 49th State. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2019 

Mr. YOUNG submitted the following resolution; which was referred to the 

Committee on Oversight and Reform 

RESOLUTION 

Recognizing and celebrating the 60th anniversary of the 

entry of Alaska into the Union as the 49th State. 

Whereas July 7, 2018, marks the 60th anniversary of the enactment of the Alaska Statehood Act as approved by the 

United States Congress and signed by President Dwight 

D. Eisenhower; 

Whereas the Alaska Statehood Act authorized the entry of 

Alaska into the Union on January 3, 1959; 

Whereas the land once known as ‘‘Seward’s Folly’’ is now regarded as critical to the strategic defense of the United 

States and important to our national and economic security; 

Whereas the people of Alaska remain committed to the preservation and protection of the Union, with among the 


pbinns on DSK79D2C42PROD with BILLS
2 

HRES 21 IH1S 

highest rates of veterans and residents in active military 

service of any State in the Nation; 

Whereas Alaska is the northernmost, westernmost, and easternmost State of the Union, encompassing an area onefifth the size of the United States; 

Whereas the State of Alaska has an abundance of natural resources vital to the Nation; 

Whereas Alaska’s North Slope currently produces over 

500,000 barrels of crude oil per day and may contain one 

of the largest undeveloped natural gas resources in the 

world; 

Whereas Alaska’s 34,000 miles of shoreline form a gateway 

to one of the world’s greatest fisheries, providing over 60 

percent of the country’s commercial seafood harvest; 

Whereas over 230 million acres of Alaska are set aside in national parks, wildlife refuges, national forests, and other 

conservation units for the benefit of the entire country; 

Whereas over 58 million acres are designated wilderness in 

Alaska, representing 55 percent of the wilderness areas 

in the United States; 

Whereas Alaska Natives, the State’s first people, are an integral part of Alaska’s history, and preserving the culture 

and heritage of Alaska’s Native people is of primary importance; 

Whereas the passage of the Alaska Native Claims Settlement 

Act in 1971 signaled a new era of economic opportunity 

for Alaska Natives; 

Whereas Alaska’s Native people have made major contributions to the vitality and success of Alaska as a State; 


pbinns on DSK79D2C42PROD with BILLS
3 

HRES 21 IH1S 

Whereas the people of Alaska represent the pioneering spirit 

that built this great Nation and contribute to our cultural and ethnic diversity; and 

Whereas the diamond anniversary, on January 3, 2019, provides an occasion to honor Alaska’s entry into the Union: 

Now, therefore, be it 

1 Resolved, That the House of Representatives recog2 nizes and celebrates the 60th anniversary of the entry of 

3 Alaska into the Union as the 49th State. 

Æ 


pbinns on DSK79D2C42PROD with BILLS
96-2188.

#### Barnes v. Center Assoc. Realty Corp.

Columbiana App. No. 95C01. Reported at 77 Ohio St.3d 1524, 674 N.E.2d 376. On motion for reconsideration. Motion denied.

Pfeifer, J., dissents.
# Event Summaries about Older Adults

-  Workshop: Nonaffective Psychosis in Midlife and Beyond  February 9–10, 2022  NIMH hosted a workshop on nonaffective psychosis in midlife and beyond to share the latest findings, challenges, and opportunities for transformative research in mid to late-life populations. 
-  Novel Approaches to Understanding the Mechanisms of the Neuropsychiatric Symptoms in Alzheimer’s and Advancing Therapy Development  May 8–9, 2017  Bethesda, MD  On May 8-9, 2017, NIMH and the National Institute on Aging brought together clinical, behavioral science, and neuroscience researchers to discuss neuropsychiatric symptoms and treatment approaches for Alzheimer’s disease.
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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.                  

###### Nuclear Regulatory Commission

          - [Docket No. 55-62335-SP; ASLBP No. 09-891-01-SP-BD01]

## Establishment of Atomic Safety and Licensing Board

                    Pursuant to delegation by the Commission dated December 29, 1972 (37 FR 28,710), and the Commission's regulations,                     *see*10 CFR 2.103(b), 2.309, 2.313(a), and 2.318, notice is hereby given that an Atomic Safety and Licensing Board (Board) is being established to preside over the following proceeding:                

## David B. Kuhl, II (Denial of Senior Reactor Operator License)

This proceeding concerns a request for hearing from David B. Kuhl, II, dated May 28, 2009. His request is in response to a denial letter from the Office of Nuclear Reactor Regulation (NRR) dated May 13, 2009 notifying him that, following an administrative review, NRR was in agreement with Region I's decision of February 20, 2009 not to issue him a Senior Reactor Operator License for the Beaver Valley Power Station.

The Board is comprised of the following administrative judges:

Paul S. Ryerson, Chair, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

Alan S. Rosenthal, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

Michael F. Kennedy, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

As provided in 10 CFR 2.302, all correspondence, documents, and other materials shall be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 2007 (72 FR 49,139).

Issued at Rockville, Maryland, this 15th day of June 2009.

E. Roy Hawkens,

Chief Administrative Judge, Atomic Safety and Licensing Board Panel.

[FR Doc. E9-14435 Filed 6-18-09; 8:45 am]

BILLING CODE 7590-01-P
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3555 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3555

To designate the Federal building and United States courthouse located 
at 515 9th Street in Rapid City, South Dakota, as the ``Andrew W. Bogue 
            Federal Building and United States Courthouse''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 30, 2010

Mr. Johnson (for himself and Mr. Thune) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL

 
To designate the Federal building and United States courthouse located 
at 515 9th Street in Rapid City, South Dakota, as the ``Andrew W. Bogue 
            Federal Building and United States Courthouse''.

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

SECTION 1. ANDREW W. BOGUE FEDERAL BUILDING AND UNITED STATES 
              COURTHOUSE.

    (a) Designation.--The Federal building and United States courthouse 
located at 515 9th Street in Rapid City, South Dakota, shall be known 
and designated as the ``Andrew W. Bogue Federal Building and United 
States Courthouse''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the Federal building and 
United States courthouse referred to in subsection (a) shall be deemed 
to be a reference to the ``Andrew W. Bogue Federal Building and United 
States Courthouse''.
                                 <all>
```