alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Alexander T. Molloy, Appellant, v Mary C. Molloy, Respondent.

[823 NYS2d 209]

In an action for divorce and ancillary relief, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Tolbert, J.), entered July 11, 2005, which, upon the denial of his motion for summary judgment, determined that he failed to prove abandonment, and dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly determined that the plaintiff made a prima facie showing of entitlement to judgment as a matter of law by submitting sufficient evidence to establish the elements of abandonment and the absence of any issues of fact *(see Friends of Animals v Associated Fur Mfrs.,*46 NY2d 1065, 1067 [1979]; *Caprise v Caprise,*143 AD2d 968, 969-970 [1988]). In opposition, the defendant raised a triable issue of fact with respect to whether the plaintiffs offer to resume cohabitation was made in good faith *(see Zuckerman v City of New York,*49 NY2d 557, 563 [1980]; *Solomon v Solomon,*290 NY 337, 340-341 [1943]; *Bohmert v Bohmert,*241 NY 446, 452-453 [1926]), thereby necessitating a trial. The defendant’s contention that the plaintiff’s offer to resume cohabitation was not made in good faith was not an affirmative defense that had been precluded by any previous order of the Supreme Court.

After trial, the Supreme Court properly dismissed the *893plaintiff’s complaint, as he failed to establish the alleged abandonment *(see Lyons v Lyons,*187 AD2d 415, 416 [1992]; *George M. v Mary Ann M.,*171 AD2d 651, 651-652 [1991]; *Caprise v Caprise, supra*at 970). Specifically, the Supreme Court determined that the plaintiff’s offer to resume cohabitation with the defendant, made only through counsel during the course of an earlier proceeding and without any follow-up effort, was not a good-faith offer, thereby warranting a dismissal of the complaint *(see Gleckman v Kaplan,*215 AD2d 527, 528 [1995]).

The parties’ remaining contentions either are without merit or have been rendered academic. Miller, J.E, Ritter, Spolzino and Dillon, JJ., concur.
PORTLAND

SACRAMENTO

PHOENIX

ST. PAUL

WASHINGTON
Dc

OKLAHOMA
CITY

iP) 0.4%

REGIONAL GROSS GAMING REVENUE TRENDS

41%
4%

5.1%

10%

Source: The Naflonal Indian Gaming Commission
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-A ("Issuer") for the period
ending June 30, 2002 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, 2002.

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

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

                                    //s// Craig D. Loseke
                                    -----------------------------------
                                    Craig D. Loseke
                                    Chief Financial Officer
ACCEPTED04-15-00259-CVFOURTH COURT OF APPEALSSAN ANTONIO, TEXAS7/13/2015 5:06:47 PMKEITH HOTTLECLERK
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
BALANCE SHEET AT SEPTEMBER 30 1996, AND THE STATEMENTS OF OPERATIONS FOR THE
NINE MONTHS ENDED SEPTEMBER 30, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                         228,900
<SECURITIES>                                         0
<RECEIVABLES>                                  396,800
<ALLOWANCES>                                     3,300
<INVENTORY>                                     56,300
<CURRENT-ASSETS>                                     0
<PP&E>                                       6,088,800
<DEPRECIATION>                               2,348,500
<TOTAL-ASSETS>                               6,852,200
<CURRENT-LIABILITIES>                        1,818,400
<BONDS>                                      1,374,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 6,852,200
<SALES>                                              0
<TOTAL-REVENUES>                             1,831,300
<CGS>                                                0
<TOTAL-COSTS>                                1,735,600
<OTHER-EXPENSES>                               (4,600)
<LOSS-PROVISION>                                49,800
<INTEREST-EXPENSE>                             114,200
<INCOME-PRETAX>                               (13,900)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (13,900)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (13,900)
<EPS-PRIMARY>                                    (.38)
<EPS-DILUTED>                                        0
        

</TABLE>
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3621 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3621

To amend the Internal Revenue Code of 1986 to provide for an exclusion 
 for assistance provided to participants in certain veterinary student 
                loan repayment or forgiveness programs.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2010

 Mr. Johnson (for himself, Mr. Crapo, Mr. Brownback, Mr. Cochran, Mr. 
 Risch, Mr. Bennet, Ms. Klobuchar, Mr. Franken, Ms. Snowe, Mr. Dorgan, 
 Mr. Johanns, and Mr. Harkin) introduced the following bill; which was 
          read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to provide for an exclusion 
 for assistance provided to participants in certain veterinary student 
                loan repayment or forgiveness programs.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterinary Medicine Loan Repayment 
Program Enhancement Act''.

SEC. 2. EXCLUSION FOR ASSISTANCE PROVIDED TO PARTICIPANTS IN CERTAIN 
              VETERINARY STUDENT LOAN REPAYMENT OR FORGIVENESS 
              PROGRAMS.

    (a) In General.--Paragraph (4) of section 108(f) of the Internal 
Revenue Code of 1986 (relating to payments under National Health 
Service Corps loan repayment program and certain State loan repayment 
programs) is amended--
            (1) by striking ``or'' after ``such Act,'',
            (2) by striking ``such State).'' and inserting ``such 
        State), under section 1415A of the National Agricultural 
        Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
        3151a), or under any other State loan repayment or loan 
        forgiveness program that is intended to provide for increased 
        access to veterinary services in such State.'', and
            (3) by striking ``state'' in the heading and inserting 
        ``other''.
    (b) Effective Date.--The amendments made by this section shall 
apply to amounts received by an individual in taxable years beginning 
after December 31, 2009.
                                 <all>
```
97-298.

#### Estate of Haller v. Haller.

Franklin App. No. 96APF04-457.

This cause is pending before the court as a discretionary appeal and claimed appeal of right. Upon consideration of appellant’s motion to disqualify the Supreme Court from hearing any matter before said court involving appellant,

IT IS ORDERED by the court that the motion to disqualify the Supreme Court be, and hereby is, denied.

Resnick, Acting C.J., F.E. Sweeney, Pfeifer and Cook, JJ., concur.

Moyer, C.J., Douglas and Lundberg Stratton, JJ., not participating.
97-496.

#### State v. McMullen.

Hamilton App. No. C-960088. On motion for leave to file delayed appeal. Motion granted.

Douglas, F.E. Sweeney and Cook, JJ., dissent.
Order entered June 4, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00482-CV

PEGASUS SCHOOL OF LIBERAL ARTS & SCIENCES, Appellant

V.

KIMBERLY BALL-LOWDER, Appellee

On Appeal from the 

County, Texas

Trial Court Cause No.

ORDER

We GRANT appellant’s May 30, 2013 unopposed motion for an extension of time to file 

its brief. We ORDER the brief tendered to this Court by appellant on May 29, 2013 filed as of 

the date of this order.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE
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-65,658]

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 23, 2009 in response to a petition filed on behalf of workers of Semitool Southwest Regional Office, Phoenix, Arizona.

The petitioning group of workers is covered by an active certification (TA-W-61,554C) which expires on July 16, 2009. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.

      ( print page 28284)    
Signed at Washington, DC, this 15th day of May 2009.

Richard Church,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-13895 Filed 6-12-09; 8:45 am]

BILLING CODE 4510-FN-P
EXHIBIT 32.2

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

In connection with the Annual Report of Flanigan's Enterprises, Inc. (the
"Company") on Form 10-K for the year ended September 27, 2003 as filed with the
Securities and Exchange Commission of the date hereof (the "Report"), I, Edward
A. Doxey, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to Section 906 of the Sarbanes- Oxley Act of 2002
that to my knowledge and belief:

      (1)   The report fully complies with the requirements of Section 13 (a) or
            15 (d) of The Securities Exchange Ace 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.

                                                     /s/ Edward A. Doxey
                                                     -------------------
                                                     Name: Edward A. Doxey
                                                     Chief Financial Officer
                                                     Date: January 12, 2004


                                      -36-
| 1.  | I have reviewed this annual report on Form 10-K/A of Barnwell Industries, Inc.; and |
|----------|-----------------------------------------------------------------------------------------------|

|   |   |
|--------|--------|

| 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. |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |   |
|--------|--------|

|   |   |
|--------|--------|

|   |   |
|--------|--------|

|   |   |
|--------|--------|

| Date: June  19, 2014 | /s/ Morton H. Kinzler      |
|---------------------------|-----------------------------------------------------|
|                      | Morton H. Kinzler                                   |
|                      | Chief Executive Officer                             |
---

Exhibit 32.2

CERTIFICATIONS PURSUANT TO SECTION 906 OFTHE
SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

In connection with the Quarterly Report of mPhase Technologies,
Inc., a New Jersey corporation (the "Company"), on Amendment No. 8 to Form 10Q/A for the quarter
ended December 31, 2009, as filed with the Securities and Exchange Commission
(the "Report"), I, Martin S Smiley, Chief Financial Officer of the Company
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
Section 1350), that to his 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 Company.

/s/ Martin S.
SmileyMartin S .Smiley Chief Financial Officer

March 7, 2011

---
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 Annual Report of B4MC Gold Mines, Inc. (the "Company") on Form 10-Q for the fiscal quarter ended September 30, 2013 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Don Spivey, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 Company.  /s/ Don Spivey Don Spivey Principal Financial Officer November 19, 2013
#### The People of the State of New York, Respondent, v Mark Melendez, Appellant.

[822 NYS2d 461]

Appeal by the defendant from an order of the Supreme Court, Kings County, dated February 28, 2005 (Marrero, J.), which, after a hearing pursuant to Correction Law article 6-C, designated him a level three sex offender.

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

Contrary to the defendant’s contention, the Supreme Court’s determination designating him a level three sex offender was supported by clear and convincing evidence *(see*Correction Law § 168-n [3]; *People v O’Neal,*26 AD3d 365 [2006]; *People v Glenn,*24 AD3d 427 [2005]; *People v Johnson,*23 AD3d 635 [2005] ; *People v Gambetta,*19 AD3d 571 [2005]).

The defendant failed to present clear and convincing evidence of the existence of special circumstances to warrant a downward departure from his presumptive risk level as determined by the risk assessment instrument *(see People v Davis,*26 AD3d 364 [2006] ; *People v Masters,*19 AD3d 387 [2005]; *People v Williams,*19 AJ)3d 388 [2005]). Miller, J.E, Goldstein, Mastro and Dillon, JJ., concur.
Exhibit
4.1


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED
1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


July 23, 2013


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust, Tax Free Income Trust, Series
14


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for Smart Trust, Tax Free Income Trust, Series 14 set forth above (the “Trust”).
We enclosed a list of the Securities to be deposited in the Trust on the date hereof. The prices indicated therein reflect our
evaluation of such Securities as of close of business on July 23, 2013, in accordance with the valuation method set forth in the
Trust Indenture and Agreement. We consent to the reference to The Bank of New York Mellon as the party performing the evaluations
of the Trust Securities in the Registration Statement (No. 333-188668) filed with the Securities and Exchange Commission with respect
to the registration of the sale of the Trust Units and to the filing of this consent as an exhibit thereto.


 





	 	Very truly yours,
	 	 
	 	/s/ GERARDO CIPRIANO 
	 	Gerardo Cipriano
	 	Vice President
EXHIBIT 21


                        SUBSIDIARIES OF BANTA CORPORATION

                                      OWNERSHIP BY              STATE OR
                                   BANTA CORPORATION        JURISDICTION OF
                                     OR ONE OF IT'S          INCORPORATION
   LIST OF SUBSIDIARIES               SUBSIDIARIES          OR ORGANIZATION

   ATC Acquisition Corp.                  100%                 Wisconsin
   Banta Direct Marketing, Inc.           100%                 Minnesota
   Banta Europe Corp.                     100%                  Ireland
   Banta Security Printing, Inc.          100%                 Wisconsin
   Banta Software Services
    International, Inc.                   100%                 Minnesota
   Banta Ventures, Inc.                   100%                 Wisconsin
   B.G. Turnkey Services, Inc.            100%                  Delaware
   B.G. Turnkey Services Limited          100%                  Ireland
   B.G. Turnkey Services
    Netherlands B.V.                      100%              The Netherlands
   B.G. Turnkey Services
    Scotland Limited                      100%                  Scotland
   Danbury Printing & Litho, Inc.         100%                 Minnesota
   Dimensional Neon, Inc.                 100%                 Wisconsin
   The DI Group, Inc.                     100%               Massachusetts
   KCS Industries Inc.                    100%                 Wisconsin
   KnowledgeSet Corporation               100%                 California
   Ling Products, Inc.                    100%                 Wisconsin
   New Frontiers Information
    Corporation                           100%               Massachusetts
   One Pass Network, Inc.                 100%                 California
   United Graphics Inc.                   100%                 Washington
   Wrapper, Inc.                          100%                 Wisconsin
#### Island Park, LLC, Appellant, v State of New York, Respondent.

Submitted October 29, 2012;

decided November 19, 2012

Motion by New York Farm Bureau for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served and 19 copies filed within seven days.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Delinda Gonzalez v. GMAC Mortgage LLC

Appellate case number: 01-12-00331-CV

Trial court case number: 1007378

Trial court: County Civil Court at Law No. 4 of Harris County, Texas

The record in this appeal was due on May 18, 2012. The clerk’s record was filed on June 

22, 2012. The reporter’s record has not been filed.

On July 31, 2012, the Clerk notified appellant that the court reporter responsible for 

preparing the record in this appeal had informed the Court that appellant had not made 

arrangements to pay for the record. The Clerk further notified appellant that unless the Court 

received written evidence that appellant had paid for or made arrangements to pay for the record 

within 20 days of the date of the notice the Court might consider and decide those issues or 

points that do not require a reporter’s record. See TEX. R. APP. P. 37.3(c).

The 20 days have expired and no written evidence that the appellant has paid or made 

arrangements to pay for the record has been filed with this Court. Accordingly, the Court will 

consider and decide those issues or points that do not require a reporter’s record for a decision.

Appellant’s brief is ORDERED to be filed within 30 days of the date of this order. See 

TEX. R. APP. P. 38.6(a).

Appellee’s brief is ORDERED to be filed within 30 days of the filing of appellant’s brief. 

See TEX. R. APP. P. 38.6(b).

It is so ORDERED.

Judge’s signature: /s/ Justice Evelyn V. Keyes

 Acting individually  Acting for the Court

Date: September 11, 2012