alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Kyle McClain, Appellant.

[977 NYS2d 518]

*1335Appeal from a judgment of the Supreme Court, Erie County (Russell E Buscaglia, A.J.), rendered August 9, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, unlawful possession of marihuana and failure to obey a stop sign.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]), unlawful possession of marihuana (§ 221.05), and failure to obey a stop sign (Vehicle and Traffic Law § 1172 [a]). We reject defendant’s contention that his waiver of the right to appeal was invalid. e‘[T]rial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea in which defendant waives a plethora of rights, including the right to appeal” *(People v Mitchell,*93 AD3d 1173, 1173-1174 [2012], *lv denied*19 NY3d 999 [2012] [internal quotation marks omitted]; *see People v Fisher,*94 AD3d 1435, 1435 [2012], *lv denied*19 NY3d 973 [2012]). The record establishes that defendant waived his right to appeal in order to secure a sentencing commitment, and Supreme Court properly “ ‘described] the nature of the right being waived without lumping that right into the panoply of trial rights automatically forfeited upon pleading guilty’ ” *(People v Tabb,*81 AD3d 1322, 1322 [2011], *lv denied*16 NY3d 900 [2011], quoting *People v Lopez,*6 NY3d 248, 257 [2006]). Defendant’s valid waiver of the right to appeal encompasses his challenge to the court’s suppression rulings (see *Mitchell,*93 AD3d at 1174). Present — Smith, J.E, Fahey, Garni, Valentino and Whalen, JJ.
# 09-56130

null

860.5418

eng - iTunPGAP0��

eng - iTunNORM 00000562 00000000 000120CC 00000000 00039E39 00000000 0000909D 00000000 00066F24 00000000�

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EXHIBIT 32.1
 Certification of Chief Executive Officer of Concho Resources Inc.
(Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)
  1)
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and2)
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date:      August 6, 2009
    /s/ Timothy A. LeachTimothy A. LeachDirector, Chairman of the Board of Directors,
Chief Executive Officer, and President
(Principal Executive Officer)
#### The People of the State of New York, Respondent, v Pegeen Mulligan-Moore, Appellant.

[976 NYS2d 734]

Lahtinen, J.E

Appeal from a judgment of the Supreme Court (Nichols, J.), rendered June 21, 2011 in Columbia County, convicting defendant upon her plea of guilty of the crimes of grand larceny in the second degree (two counts), grand larceny in the third degree (two counts), computer trespass (two counts), grand larceny in the fourth degree, falsifying business records in the first degree (eight counts), tampering with public records in the first degree (two counts), obstructing governmental administration in the second degree, criminal possession of stolen property in the fifth degree and attempted forgery in the second degree.

Defendant, a clerk and bookkeeper for the Town of Kinder-hook, Columbia County, stole several hundred thousand dollars from the Town over a three-year period. She left that employment and performed similar tasks for the Town of Greenport, Columbia County, where she stole over $50,000. Defendant ultimately pleaded guilty to a 20-count indictment charging her with numerous offenses related to the thefts and her efforts to conceal them, with no promises being made as to the sentence. Supreme Court sentenced defendant to an aggregate prison term of 3 to 9 years and ordered her to pay restitution.

Defendant now appeals, arguing solely that the sentence *1155imposed was harsh and excessive. We disagree. Supreme Court acknowledged that it had reviewed the letters written in support of defendant, the presentence investigation report, and indications that her crimes were motivated by a shopping addiction. It questioned her claim of addiction, however, and stressed the scope of her deceit in stealing massive sums of money from the two towns over several years. Under these circumstances, we perceive no extraordinary circumstances nor any abuse in discretion that would warrant a reduction of the sentence in the interest of justice *(see People v Farnsworth,*103 AD3d 982, 984 [2013]; *People v Helstein,*95 AD3d 1564, 1564 [2012], *lv denied*19 NY3d 997 [2012]).

Stein, McCarthy and Garry, JJ., concur. Ordered that the judgment is affirmed.
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 LifeCare Holdings, Inc. (the Company) on Form 10-Q for the quarter ended
September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Chris A. Walker, 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 position and results of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 13, 2009



/s/ Chris A. WalkerChris A. WalkerChief Financial Officer
#### Tulsa Knox, Appellant, v New York City Department of Education, Respondent.

Submitted January 7, 2013;

decided February 19, 2013

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.
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#### In the Matter of Shawn G. Granger, Respondent, v Danielle D. Misercola, Appellant.

Submitted August 6, 2012;

decided October 30, 2012

Motion for leave to appeal granted. Motion for poor person relief granted.
@misc{1125196,
  author = {Robert Hanisch and Debra L. Kaiser and Alda Yuan and Andrea Medina-Smith and Bonnie C Carroll and Eva Campo},
  title = {NIST Research Data Framework (RDaF): Version 1.5},
  year = {2023},
  month = {2023-05-18 04:05:00},
  publisher = {Special Publication (NIST SP), National Institute of Standards and Technology, Gaithersburg, MD},
  url = {https://tsapps.nist.gov/publication/get_pdf.cfm?pub_id=936806},
  doi = {https://doi.org/10.6028/NIST.SP.1500-18r1},
  language = {en},
}
[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Page 30594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15062]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Human Genome Research Institute; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Human Genome Research Institute 
Special Emphasis Panel; RC2 ENCODE & Cellular Perturbation.
    Date: July 22, 2009.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Bethesda Marriott Suites, 6711 Democracy Boulevard, 
Bethesda, MD 20817.
    Contact Person: Keith McKenney, PhD, Scientific Review Officer, 
NHGRI, 5635 Fishers Lane, Suite 4076, Bethesda, MD 20814, 301-594-
4280, <a href="/cdn-cgi/l/email-protection#b1dcd2dad4dfdfd4c8daf1dcd0d8dd9fdfd8d99fd6dec7"><span class="__cf_email__" data-cfemail="234e4048464d4d465a48634e424a4f0d4d4a4b0d444c55">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.172, Human 
Genome Research, National Institutes of Health, HHS)

    Dated: June 18, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-15062 Filed 6-25-09; 8:45 am]
BILLING CODE 4140-01-P


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<PAGE>   1
                                                                      Exhibit 21

                             LIST OF SUBSIDIARIES




<TABLE>
<CAPTION>
                                                                        Jurisdiction of
Name of Subsidiary                                                      Incorporation 
------------------                                                      ---------------
<S>                                                                     <C>
St. Paul Federal Bank for Savings                                       United States

Annuity Network, Inc.                                                   Illinois

St. Paul Financial Development Corporation                              Illinois

Custom Source Realty Corporation (a)                                    Illinois

SPF Insurance Agency, Inc. (b)                                          Illinois

St. Paul Securities, Inc. (b)                                           Illinois

Community Finance Corporation (b)                                       Illinois

Managed Properties, Inc. (b)                                            Illinois

MPI Illinois Corporation(b)                                             Illinois

EFS/San Diego Service Corporation (b)                                   Illinois

EFS Service Corporation (b)                                             Illinois

St. Paul Investment Corporation (b)                                     Delaware

Serve Corps Mortgage Corporation (f)                                    Illinois

ATM Connection, Inc. (f)                                                Illinois

Investment Network, Inc. (c)                                            Illinois

Investment Network Advisors, Inc. (d)                                   Illinois

St. Paul Asset Management Company (e)                                   Maryland
</TABLE>



                                                                  
------------------------------------------------------------------
(a)  Subsidiary of St. Paul Financial Development Corporation.
(b)  Subsidiary of St. Paul Federal Bank for Savings.
(c)  Subsidiary of St. Paul Securities, Inc.
(d)  Subsidiary of Investment Network, Inc.
(e)  Subsidiary of St. Paul Investment Corporation
(f)  Subsidiary of St. Paul Federal that was incorporated in 1997, however 
     operations did not begin until 1998.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 10, 2015

NO. 03-15-00347-CV

J. T., Appellant

v.

Texas Department of Family and Protective Services, Appellee

APPEAL FROM COUNTY COURT OF BASTROP COUNTY

BEFORE CHIEF JUSTICE ROSE, JUSTICES PEMBERTON AND FIELD

DISMISSED ON APPELLANT’S MOTION -- OPINION BY CHIEF JUSTICE ROSE

This is an appeal from the order signed by the trial court on June 17, 2015. Appellant has filed a 

motion to dismiss the appeal, and having considered the motion, the Court agrees that the motion 

should be granted. Therefore, the Court grants the motion and dismisses the appeal. Because 

appellant is indigent and unable to pay costs, no adjudication of costs is made.
#### HYDRAULIC DEVELOPMENT CORPORATION, Inc., v. LAKE ERIE ENGINEERING CORPORATION.

Civ. No. 200.

District Court, W. D. New York.

Sept. 22, 1941.

Toulmin & Toulmin and Rowan A. Greer, all of Dayton, Ohio, and John S. Powers, of Buffalo, N. Y., for plaintiff.

Bean, Brooks, Buckley & Bean, of Buffalo, N. Y. (Edwin T. Bean and Barton A. Bean, Jr., both of Buffalo, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

Acting on the objections to the interrogatories submitted by the plaintiff, the Court holds as follows:

(1) Interrogatories Nos. 3 to 9, inclusive, are allowed.

(2) Interrogatories Nos. 10 and 11 are disallowed.

(3) Interrogatories Nos. 12, 13, 14 are allowed.

(4) Interrogatories Nos. 15 and 16 are disallowed.

It is unnecessary to say that the courts are uniformly disposed to be liberal in applying the rules of procedure as to interrogatories. I have so construed the foregoing. However, I feel that sometimes in cbnstruing “relevancy” the meaning of the word has been extended beyond any apparent relation to the issues involved. It is true that inquiry as to matter not itself admissible in evidence may be made but such matters only should be inquired about as may have some connection with the facts sought to be proved.
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1380V

UNPUBLISHED

JENNIFER JOYCE,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 22, 2021

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

Petitioner.

Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT1

On September 11, 2019, Jennifer Joyce filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

2

(the 

“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on 

September 17, 2018. Petition at 1. The case was assigned to the Special Processing Unit 

of the Office of Special Masters.

On January 22, 2021, Respondent filed his Rule 4(c) report in which he concedes

that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at

1. Specifically, Respondent states that “[P]etitioner has satisfied the criteria set forth in 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required 

to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act 

of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government 

Services). This means the ruling will be available to anyone with access to the internet. In accordance 

with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, 

the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that 

the identified material fits within this definition, I will redact such material from public access. 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease 

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
2

the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation 

(“QAI”).” Id. at 5. 

In view of Respondent’s position and the evidence of record, I find that 

Petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master
**Exhibit 32.2**

**CERTIFICATION OFCHIEF FINANCIAL OFFICERPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906OFTHE SARBANES-OXLEY ACT OF 2002**

I,Larry L. Crawford certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the AnnualReport of WorldWater & Power Corp. on Form 10-KSB for theannual period ended December 31, 2006 fully complies with the requirementsof Section 13(a) and 15(d) of the Securities and Exchange Act of1934 and that information contained in such Annual Report on Form 10-KSBfairly presents in all material respects the financial condition and results ofoperation of WorldWater & Power Corp.

|        | By:    | /s/ LARRY L.  CRAWFORD                              |
|--------|--------|-----------------------------------------------------|
|   | Name:  | Larry L. Crawford                                   |
|   | Title: | *Executive Vice President, Chief Financial Officer* |

 

Dated: April 9, 2007

A signed original of this written statement requiredby Section 906, or other document authenticating, acknowledging, orotherwise adopting the signature that appears in typed form within theelectronic version of this written statement required by Section 906, hasbeen provided to the Company and will be retained by the Company and furnishedto the Securities and Exchange Commission or its staff upon request.

This certification accompanies this Report on Form 10-KSBpursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not,except to the extent required by such Act, be deemed filed by the Company forpurposes of Section 18 of the Securities Exchange Act of 1934, as amended(the “Exchange Act”). Such certification will not be deemed to be incorporatedby reference into any filing under the Securities Act of 1933, as amended, orthe Exchange Act, except to the extent that the Company specifically incorporatesit by reference.

End of Filing

----
----

Exhibit 31.2 

CERTIFICATIONS 

I, Martin S. Smiley, certify that: 1. I have reviewed thisquarterly report on Form 10-Q of mPhase Technologies, Inc.; 

2. Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisreport; 

3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this report; 

4. The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant’sand have: 

a. Designed such disclosure controlsand procedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared; 

b. Evaluated the effectiveness of ethregistrant’s disclosure controls and procedures and presented in this report ourconclusions 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 anychange in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and 

5. The registrant’s other certifying officer and I havedisclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunctions): 

a. All significant deficiencies andmaterial weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect theregistrants’ ability to record, process, summarize and report financialinformation; and 

b. Any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant’s internal control over financial reporting. 

/s/ Martin S. Smiley 

Martin S. Smiley Chief Financial Officer 

May 14, 2008 

----
<PAGE>   1
                                                                   EXHIBIT 23.1

                        CONSENT OF INDEPENDENT AUDITORS


The Board of Directors
ANDOVER BANCORP, INC.:


We consent to incorporation by reference in Registration Statement No. 33-21975
on Form S-8 of Andover Bancorp, Inc. of our report dated January 18, 1996,
relating to the consolidated balance sheets of Andover Bancorp, Inc. and
subsidiaries as of December 31, 1995 and 1994, and the related consolidated
statements of operations, changes in stockholders' equity and cash flows for
each of the years in the three-year period ended December 31, 1995, which
report is included herein. 


                                        /s/ KPMG PEAT MARWICK LLP

Boston, Massachusetts
March 18, 1996
RAYMOND BECK

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED

CASE NO. 1D 15

- 5094

___________ __________________/

Opinion filed August 22, 2016.

An appeal from the Circuit Court for Bay County

. Hentz Mcclellan , Judge

.

Nancy A. Daniels, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Tallahassee , for Appellant.

Pamela Jo Bon di, Attorney General, and Michael McDermott, Assistant Attorney General, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

ROBERTS

, C.J., WETHERELL

, and BILBREY

, J J

. , CONCUR.