alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

July 8, 2022

No. 04-22-00138-CV

SAN ANTONIO WATER SYSTEM, an Agency of the City of San Antonio,

Appellant

v.

MATIRAAN, LTD., and Marylyn House,

Appellees

From the 131st Judicial District Court, Bexar County, Texas

Trial Court No. 2020-CI-08486

Honorable Laura Salinas, Judge Presiding

O R D E R

On July 5, 2022, appellant filed an unopposed motion requesting an extension of time to 

file appellant’s reply brief. Appellant’s motion is GRANTED. Appellant’s reply brief is due no 

later than July 27, 2022.

It is so ORDERED on this 8th day of July, 2022.

 PER CURIAM 

 ATTESTED TO: ______________________________

 MICHAEL A. CRUZ, Clerk of Court
[878 NYS2d 542]

#### Little West 12th St. Realty, L.P., Doing Business as Little West 12th St. Realty Co., Also Known as L.W 12th St. Realty Co., Appellant, v Vincent Inconiglios, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department,

March 20, 2009

*29APPEARANCES OF COUNSEL

*Belkin Burden Wenig & Goldman, LLP,*New York City *(Sherwin Belkin, Joseph Burden, Magda L. Cruz*and *Amanda L. Nelson*of counsel), for appellant. *Himmelstein McConnell Gribben Donoghue & Joseph,*New York City *(David E. Frazer*of counsel), for respondents.

OPINION OF THE COURT

Per Curiam.

Order, dated February 20, 2008, affirmed, with $10 costs.

We agree, essentially for reasons stated by David B. Cohen, J., at Civil Court, that tenant demonstrated entitlement to protection under the Loft Law (Multiple Dwelling Law art 7-C). Tenant’s submissions, including the affidavits of current and former building residents, demonstrated that a portion of the subject building, formerly used for commercial purposes, was occupied as the residence or home of three or more independently living families during the original window period (Apr. 1, 1980 through Dec. 1, 1981), and that at least one unit was continuously occupied for residential purposes from the original window period through May 1, 1987 *(see*Multiple Dwelling Law § 281 [1], [4]). Landlord’s conclusory allegations in opposition, denying knowledge of or consent to the residential use of the premises, were insufficient to defeat summary judgment *(see 545 Eighth Ave.*Assoc. *v New York City Loft Bd.,*232 AD2d 153 [1996]; *Kaufman v American Electrofax Corp., 102*AD2d 140 [1984]).

We have considered landlord’s remaining arguments and find them without merit.

McKeon, EJ., Schoenfeld and Heitleb, JJ., concur.
Exhibit No. 31.2

 

I, Brian L. MacNeal, certify that:

 

| 1) | I have reviewed this report on Amendment No. 2 to Form 10-K/A of Armstrong World 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:April 30, 2019

 

/s/ Brian L. MacNealBrian L. MacNealSenior Vice President and Chief Financial Officer
Exhibit 10.1






AMENDMENT NO. 1
TO THE
AARON’S, INC.
EMPLOYEES RETIREMENT PLAN AND TRUST




This Amendment No. 1 is made and entered into this 1st day of December, 2011, by Aaron’s Inc. (the “Company”).


W I T N E S S E T H:


WHEREAS, the Company maintains the Aaron’s, Inc. Employees Retirement Plan and Trust, as amended and restated effective as of December 31, 2010 (the “Plan”), for the exclusive benefit of its employees and their beneficiaries; 


WHEREAS, Article X of the Plan permits the Company to amend the Plan from time to time; and


WHEREAS, the Company desires to amend the Plan to reflect the activation date of the Plan’s Roth 401(k) contribution feature and to provide for certain changes pursuant to the Worker, Retiree, and Employer Recovery Act of 2008.


NOW, THEREFORE, the Plan is hereby amended as follows:


1.    The first sentence of Section 3.1(a)(iv)(1) shall be amended, effective as of December 1, 2011, to read as follows:


“Effective as of December 1, 2011 and subject to all the terms, conditions and limitations of the Plan, each Participant may make an election to make Roth 401(k) Contributions in lieu of all or a portion of the Pay Transfers that the Participant is otherwise entitled to make under Section 3.1(a).”


2.    New Section 5.9(c)(ix) shall be added, effective as of January 1, 2009, as follows:


(a)    “(ix)    Required Minimum Distributions for 2009.  Notwithstanding anything contained herein to the contrary, a Participant or designated Beneficiary who would have been required to receive required minimum distributions for the 2009 Plan year pursuant to this Section 5.9(c) but for the enactment of Section 401(a)(9)(H) of the Code, and who would have satisfied that requirement by receiving a distribution that was (1) equal to the required minimum distribution for 2009; or (2) one or more payments in a series of substantially equal distributions (that would have included the required minimum distribution for 2009) made at least annually and expected to last for the life (or life expectancy) of the 











Participant, the joint lives (or joint live expectancy) of the Participant and the designated Beneficiary, or for a period of at least 10 years (collectively referred to as the “2009 RMD”), did not receive any 2009 RMD unless the Participant or designated Beneficiary affirmatively elected to receive the 2009 RMD.  Notwithstanding anything to the contrary and if so requested by a Participant or designated Beneficiary, all or any portion of a 2009 RMD made to a Participant or designated Beneficiary was treated as an Eligible Rollover Distribution for any Plan purpose.”


Except as amended herein, the provisions of the Plan shall remain in full force and effect.


IN WITNESS WHEREOF, the Company has caused this Amendment No. 1 to be executed by its duly authorized corporate officer and its corporate seal to be hereunto affixed.




	
			
	 
	 
	AARON’S, INC.

	





	By:
	

 /s/ Gilbert L. Danielson         

	

	 
	Gilbert L. Danielson
Executive Vice President and Chief Financial Officer











2
[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Notices]
[Page 29191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14438]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket No. DoD-2008-OS-0140]


Submission for OMB Review; Comment Request

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

DATES: Consideration will be given to all comments received by July 20, 
2009.
    Title and OMB Number: Child Annuitant's School Certification, DD 
Form 2788; OMB Control Number 0730-0001.
    Type of Request: Extension.
    Number of Respondents: 3,600.
    Responses per Respondent: 1.
    Annual Responses: 3,600.
    Average Burden per Response: 12 minutes.
    Annual Burden Hours: 720.
    Needs and Uses: In accordance with 10 U.S.C. 1447 and DoD Financial 
Management Regulation, 7000.14-R, Volume 7B, a child annuitant between 
the age of 18 and 22 years of age must provide evidence of intent to 
continue study or training at a recognized educational institution. The 
certificate is required for the school semester or other period in 
which the school year is divided.
    Affected Public: Individuals or households.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: Ms. Jasmeet Seehra.
    Written comments and recommendations on the proposed information 
collection should be sent to Ms. Seehra at the Office of Management and 
Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    You may also submit comments, identified by docket number and 
title, by the following method:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    DoD Clearance Officer: Ms. Patricia Toppings.
    Written requests for copies of the information collection proposal 
should be sent to Ms. Toppings at WHS/ESD/Information Management 
Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 
22209-2133.

    Dated: May 31, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-14438 Filed 6-18-09; 8:45 am]
BILLING CODE 5001-06-P
Exhibit 10(b)

AMENDMENT NUMBER ONE TO



GRANTOR TRUST AGREEMENT



THIS AGREEMENT, made
as of the thirteenth day of May, 1994, by and between THE BANK OF NEW YORK COMPANY, INC., a corporation organized and existing under the laws of the State of New York (hereinafter referred to as the Company), and UNITED STATES TRUST
COMPANY OF NEW YORK, a corporation organized and existing under the laws of the State of New York (hereinafter referred to as the Trustee),



W  I  T  N  E  S  S  E  T  H  :



WHEREAS, the Company and the Trustee entered into a Grantor Trust Agreement
dated as of November 16, 1993 (the Agreement); and



WHEREAS, Article TWELFTH of the Agreement provides that the Company may amend the Agreement; and



WHEREAS, the Company desires to amend the Agreement;



NOW, THEREFORE, the Company and the Trustee agree that the Agreement is amended as follows, effective as of May 13, 1994:



| | (1) | Item 3 of EXHIBIT I is hereby amended by adding the name Newton P.S. Merrill immediately following the name Robert J. Mueller as it appears in the column
entitled Individual and the date April 25, 1994 immediately following the date January 10, 1993 as it appears in the column entitled Date of Agreement.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed in their respective names by their duly authorized officers under their corporate seals as of the day and year first above written.



|                     |  |  |  |                                                        
|-------------------- |  |  |  | -------------------------------------------------------
|ATTEST:              |  |  |  | THE BANK OF NEW YORK COMPANY, INC.                     
|                     |  | 
|/s/    SUE J. SIEBEL |  |  |  | /s/    CHARLES E. RAPPOLD II                           
|                     |  |  |  |                                                        
|                     |  |  |  | Charles E. Rappold II Chief Legal Officer and Secretary





|        |  |                              |  |                                         |  |     |  |                               
|------- |  | ---------------------------- |  | --------------------------------------- |  | --- |  | ------------------------------
|ATTEST: |  |                              |  | UNITED STATES TRUST COMPANY OF NEW YORK
|        |  |                              |  |                                        
|        |  | /s/    GERARD STAFFORD-SMITH |  |                                         |  | By: |  | /s/    MARTHA C. DOLAN        
|        |  |                              |  |                                         |  |    
|        |  |                              |  |                                         |  |     |  | Martha C. Dolan Vice President



-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 Sentry Petroleum Ltd. (the "Company") on Form 10-Q/A for the period ended May 31, 2008 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Arne Raabe, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated this 3rd day of March, 2009.

| |     |                                               
| | --- | ----------------------------------------------
| | BY: | ARNE RAABEArne Raabe, 
Chief Financial Officer
---

Exhibit 32.1

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 Form 10Q/A for the quarter
ended December 31, 2009 as filed with the Securities and Exchange Commission
(the "Report"), I, Ronald A. Durando, Chief Executive Officer of the Company
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18U.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/ Ronald A.
DurandoRonald A. Durando Chief Executive Officer

April 16, 2010

---
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule  contains summary  financial  information  extracted from the
consolidated   balance   sheet,   consolidated   statement  of  operations   and
consolidated statement of cash flows included in the Company's Form 10-K for the
period ending  December 31, 1997,  and is qualified in its entirety by reference
to such financial statements.
</LEGEND>
<CIK>                         0000810467
<NAME>                        Digital Link Corporation
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   DEC-31-1997
<EXCHANGE-RATE>                                1
<CASH>                                         2,504
<SECURITIES>                                   18,026
<RECEIVABLES>                                  5,193
<ALLOWANCES>                                   517
<INVENTORY>                                    8,163
<CURRENT-ASSETS>                               37,623
<PP&E>                                         10,063
<DEPRECIATION>                                 6,738
<TOTAL-ASSETS>                                 66,056
<CURRENT-LIABILITIES>                          8,722
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       34,609
<OTHER-SE>                                     22,725
<TOTAL-LIABILITY-AND-EQUITY>                   66,056
<SALES>                                        66,008
<TOTAL-REVENUES>                               66,008
<CGS>                                          29,078
<TOTAL-COSTS>                                  65,753
<OTHER-EXPENSES>                               (2,524)
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                2,779
<INCOME-TAX>                                   847
<INCOME-CONTINUING>                            1,932
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   1,932
<EPS-PRIMARY>                                  0.21
<EPS-DILUTED>                                  0.20
        


</TABLE>
#### Warshaw Burstein Cohen Schlesinger & Kuh, LLP, Respondent, v Eric A. Longmire, Appellant.

Submitted July 1, 2013;

decided September 10, 2013

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.

Judge Rivera taking no part.
Exhibit 23.1

 

 

 

 

 

Consent of KPMG LLP, Independent Auditors

The Board of Directors

The Fairchild Corporation:

We consent to the incorporation by reference in the registration statements (No. 33-38302, 333-49779, 333-62037, 333-97703, 333-82828, 333-16821, 333-70387, 333-70673, and 333-54158) on Form S-8 of The Fairchild Corporation of our report dated September 12, 2003, with respect to the consolidated balance sheet of The Fairchild Corporation and subsidiaries as of June 30, 2003, and the related consolidated statements of operations and other comprehensive income (loss), stockholders' equity, and cash flows for the year then ended, which report appears in the June 30, 2003, annual report on Form 10-K of The Fairchild Corporation.

         /s/ KPMG LLP

McLean, Virginia

September 22, 2003
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

THOMAS J. LENART,

 Appellant,

v.

WOODWAY COTTON CROSSING

HOMEOWNER’S ASSOCIATION, INC.,

 Appellee. 

§

§

§

§

§

§

No. 08-15-00117-CV

Appeal from

74th District Court

of McLennan County, Texas

(TC # 2014-2019-3)

J U D G M E N T

The Court has considered this cause on the record and concludes the appeal should be 

dismissed for want of prosecution, in accordance with the opinion of this Court. We therefore 

dismiss the appeal. We further order Appellant to pay all costs of this appeal. We further order 

that this decision be certified below for observance.

IT IS SO ORDERED THIS 8TH DAY OF JULY, 2015.

ANN CRAWFORD McCLURE, Chief Justice

Before McClure, C.J., Rodriguez, and Hughes, JJ.
#### The People of the State of New York, Respondent, v Joseph Dumay, Appellant.

Submitted August 19, 2013;

decided August 22, 2013

Motion for assignment of counsel granted and Steven Banks, Esq., The Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.
#### The People of the State of New York, Respondent, v John Reitano, Appellant.

Submitted August 27, 2012;

decided October 30, 2012

*1100Motion for reargument of motion for leave to appeal denied *[see*14 NY3d 708 (2010)].
### STATE OF LOUISIANA VERSUS NO. 

### 2024 KW 0060 JAMARCUS TATE 

### MARCH 22, 2024 In Re: 

### Jamarcus Tate, 

### applying for 

### supervisory writs, 

### 19th

Judicial District Court, Parish of East Baton Rouge, No. 

### 10-17-0308. BEFORE: 

### MCCLENDON, HESTER, 

### AND MILLER, JJ.

WRIT DENIED AS MOOT. The records of the East Baton Rouge Parish Clerk of 

### Court's Office reflect that the 

### district court acted on relator' s " Motion to Run 

### Sentence 

### Concurrent" on 

### December 18, 2023. PMC CHH SMM



### OURTOFAPPEAL, FIRST CIRCUIT

PUTY CLERKOIE- COURT 

### FORTHE COURT
**EXHIBIT      32.1**

|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                               |                                                  |                                     |
|--------------------------------------------------------------------|-------------------------------------------------------|------------------------------------------|
|                                                               |                                                  |
|                                                          |                                             |                                |
| Date:                   August 14, 2006   |                                                  | /s/ Anthony                P. Costa |
|                                                                    | Anthony                P. Costa                       |
|                                                               | Chairman                  and Chief Executive Officer |