alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jusuf Becovic et al., Respondents-Appellants, v Poisson & Hackett et al., Appellants-Respondents.

[854 NYS2d 63]

In this legal malpractice action, plaintiffs are unable to demonstrate that they would have succeeded in the underlying personal injury action “but for” defendants’ conduct *(see AmBase Corp. v Davis Polk & Wardwell,*8 NY3d 428, 434 [2007]). Contrary to the motion court’s conclusion, plaintiffs cannot show that the defendants in the underlying action created the allegedly dangerous condition by an affirmative act of misfeasance *(see Mercer v City of New York,*88 NY2d 955 [1996]; *Kelly v Berberich,*36 AD3d 475, 476-477 [2007]), and the claim that said defendants failed to maintain the garage sign that was purportedly the instrumentality that resulted in the injury is not sufficient for this purpose. Plaintiffs also failed to raise an issue of fact regarding notice of the condition, since their sole opposition was hearsay *(see Wertheimer v New York Prop. Ins. Underwriting Assn.,*85 AD2d 540, 541 [1981]). In view of the dismissal of the instant action, we need not address the arguments on plaintiffs’ cross appeal for spoliation sanctions. We note, however, that plaintiffs’ position is lacking given the long *436period of inaction by their attorneys in this action in failing to avail themselves of the opportunity to seek third-party discovery. Concur—Tom, J.P., Friedman, Nardelli and Catterson, JJ. *[See*2007 NY Slip Op 32496(U).]
Document Headings

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###### Department of Labor

###### Employment and Training Administration 

          - [TA-W-65,898] 

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on May 7, 2009 in response to a petition filed on behalf of workers of American and Efird, Inc., Mt. Holly, North Carolina. 

The petitioners have requested that the petition be withdrawn. Consequently, the investigation has been terminated. 

      ( print page 31052)    
Signed at Washington, DC, this 18th day of May 2009. 

Linda G. Poole, 

Certifying Officer, Division of Trade Adjustment Assistance.

 [FR Doc. E9-15211 Filed 6-26-09; 8:45 am] 

BILLING CODE 4510-FN-P
EXHIBIT 31.1  CERTIFICATIONS  I, Patrick M. Flynn, certify that:  1. I have reviewed this Annual Report on Form 10-K for the fiscal year ended October 31, 2006 of Blue Ridge Real Estate Company and Big Boulder Corporation (together , the Registrants);  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 registrants other certifying officer(s) 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 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) [paragraph omitted pursuant to SEC Release Nos. 33-8238 and 34-47986];  (c) Evaluated the effectiveness of the registrants 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  (d) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and  5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants boards 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 registrants internal control over financial reporting.  Date: January 29, 2007  /s/ Patrick M. Flynn Patrick M. Flynn Chief Executive Officer and President
#### Martha Dulgov, Appellant, v City of New York, Respondent, et al., Defendant.

[822 NYS2d 298]

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated May 20, 2005, which granted the motion of the defendant City of New York for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff is a teacher who was injured when a bulletin board affixed to the wall of her classroom suddenly fell and struck her head. The plaintiff had not noticed that the bulletin board was loose prior to the accident, and there is no record of any prior complaints having been made about the condition of the board, which had been affixed to the classroom wall for at least four years.

To hold a property owner liable for an accident caused by a dangerous or defective condition on the property, a plaintiff must establish that the owner created the condition or had actual or constructive notice of it *(see Gordon v American Museum of Natural History,*67 NY2d 836 [1986]; *Ogletree v*
      *585
      *Rush Realty Assoc., LLC,*29 AD3d 875 [2006]; *Loiacono v Stuyvesant Bagels, Inc.,*29 AD3d 537 [2006]; *Singer v St. Francis Hosp.,*21 AD3d 469 [2005]). Here, the defendant City of New York established its prima facie entitlement to judgment as a matter of law by submitting, inter alia, the General Municipal Law § 50-h hearing testimony of the plaintiff and the deposition testimony of the school custodian, which established that the City neither created nor had actual or constructive notice of the alleged dangerous condition *(see Loiacono v Stuyvesant Bagels, Inc., supra; Singer v St. Francis Hosp., supra; Scott v First Stop,*3 AD3d 528 [2004]). In opposition, the plaintiff failed to raise a triable issue of fact *(see Alvarez v Prospect Hosp.,*68 NY2d 320 [1986]; *Scott v First Stop, supra; Imhotep v State of New York,*298 AD2d 558 [2002]).

Furthermore, contrary to the plaintiff’s contention, the Supreme Court properly concluded that the doctrine of res ipsa loquitur is not applicable to this case. The bulletin board was located in a classroom to which many individuals had access, and the plaintiff failed to demonstrate that the City had control “of sufficient exclusivity to fairly rule out the chance that the [alleged] defect. . . was caused by some agency other than defendant’s negligence” *(Dermatossian v New York City Tr. Auth.,*67 NY2d 219, 228 [1986]; *see Loiacono v Stuyvesant Bagels, Inc., supra; Scott v First Stop, supra; Imhotep v State of New York, supra; Thompson v Pizza Hut of Am.,*262 AD2d 302 [1999]). Krausman, J.P., Mastro, Spolzino and Covello, JJ., concur.
Exhibit 23.2

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

TO THE BOARD OF DIRECTORS OF

EnerJex Resources, Inc.

We consent
to the incorporation by reference in the Registration Statement No, 333-154472on Form S-8 of EnerJex Resources, Inc., relating to our audits of the consolidated financial statements of EnerJex Resources, Inc. included in the Annual
Report on Form 10-K of EnerJex Resources, Inc. for the transitional period ended December 31, 2010, and the year ended March 31, 2010.



|                            
|----------------------------
|/s/ Weaver & Martin, LLC    
|Weaver & Martin, LLC        
|Certified Public Accountants

Kansas City, Missouri

Date: April 21, 2011
---

EXHIBIT 12.1

SARBANES-OXLEY CEO CERTIFICATION

I, Rene G. Carrier, President of Quartz Mountain Resources
Ltd., certify that:

1. I have reviewed this Annual Report on Form 20-F of Quartz
Mountain Resources Ltd.

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
Company as of, and for, the periods presented in this report;

4. The Companys other certifying officers 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 Company 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
Company, 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 the
Company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 Company's internal control over financial reporting that occurred during
the period covered by the annual report that has materially affected, or is
reasonably likely to materially affect, the Company's internal control over
financial reporting; and

5. The Companys other certifying officer(s) and I have
disclosed, based on our most recent evaluation of the internal control over
financial reporting, to the Companys auditors and the audit committee of
Company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
Companys 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
Companys internal control over financial reporting.

|Date:  | January 29, 2008       | 
|------ | ---------------------- | 
|       |                        | 
|       | /s/
      Rene Carrier | 
|By:    | Rene G. Carrier        | 
|Title: | President              | 

---
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 SGS International, Inc. (the Company) on Form
10-Q for the period ended March 31, 2009 (the Report), the undersigned each hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



| |  |  | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | - |  | ---------------------------------------------------------------------------------------------------------------------



| |  |  | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | - |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



|             |  |                                                                  
|------------ |  | -----------------------------------------------------------------
|May 11, 2009 |  | /s/ Henry R. Baughman                                            
|             |  | Henry R. Baughman President, Chief Executive Officer
and Director
|             | 
|May 11, 2009 |  | /s/ James M. Dahmus                                              
|             |  | James M. Dahmus                                                  
|             |  | Senior Vice President and Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000012355
<NAME> THE BLACK & DECKER CORPORATION
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          87,900
<SECURITIES>                                         0
<RECEIVABLES>                                  792,400 <F1>
<ALLOWANCES>                                    44,300
<INVENTORY>                                    636,900
<CURRENT-ASSETS>                             1,751,800
<PP&E>                                         727,600 <F2>
<DEPRECIATION>                                 846,100
<TOTAL-ASSETS>                               3,852,500
<CURRENT-LIABILITIES>                        1,374,700
<BONDS>                                      1,148,900
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        43,700
<OTHER-SE>                                     530,300
<TOTAL-LIABILITY-AND-EQUITY>                 3,852,500
<SALES>                                      4,559,900
<TOTAL-REVENUES>                             4,559,900
<CGS>                                        2,951,000
<TOTAL-COSTS>                                5,026,100 <F3>
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             145,300
<INCOME-PRETAX>                               (588,300)<F3>
<INCOME-TAX>                                   166,500 <F4>
<INCOME-CONTINUING>                           (754,800)<F5>
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (754,800)<F5>
<EPS-PRIMARY>                                    (8.22)<F6>
<EPS-DILUTED>                                    (8.22)
<FN>
<F1>Represents net trade receivables.
<F2>Represents net property, plant, and equipment.
<F3>Includes  a pre-tax  restructuring  charge  in the  amount  of  $164,700,  a
    write-off  of goodwill in the amount of $900,000  and a pre-tax  gain on the
    sale of businesses of $114,500.
<F4>Includes a $47,400 tax benefit associated with the restructuring  charge and
    $98,000 of tax expense resulting from the gain on the sale of businesses.
<F5>Includes a restructuring charge and a gain on the sale of businesses, net of
    tax effects,  in the amounts of $117,300 and  $16,500,  respectively,  and a
    write-off of goodwill in the amount of $900,000.
<F6>Represents basic earnings per share.
</FN>
        

</TABLE>
@article{1206441,
  author = {Sheila Govind and Martin Fritzsche and Adrian Jenkins and Megan Cleveland and Peter Vallone and Neil Almond and Clare Morris and Neil Berry},
  title = {Deep Sequencing and Molecular Characterisation of BK Virus and JC Virus WHO International Reference Materials for Clinical Diagnostic Use},
  year = {2023},
  month = {2023-05-30 04:05:00},
  publisher = {Viruses},
  url = {https://tsapps.nist.gov/publication/get_pdf.cfm?pub_id=936105},
  doi = {https://doi.org/10.3390/v15061289},
  language = {en},
}
@conference{11836,
  author = {Yuqin Zong and Yoshihiro Ohno},
  title = {Realization of total spectral radiant flux scale and calibration service at NIST},
  year = {2007},
  month = {2007-07-04},
  publisher = {26th Session of the CIE , Beijing, CH},
  url = {https://tsapps.nist.gov/publication/get_pdf.cfm?pub_id=101809},
  language = {en},
}
EXHIBIT 32



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


Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, each of the undersigned President and Sole Executive
Officer of the Company, certifies, that to his knowledge:

      1) BKF Capital Group, Inc.'s Form 10-K for the annual period ended
      December 31, 2008 fully complies with the requirements of Section 13(a) or
      15(d) of the Securities Exchange Act of 1934, as amended; and

      2) the information contained in BKF Capital Group, Inc.'s Form 10-KSB for
      the annual period ended December 31, 2007 fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.


Dated:  April 13, 2009


                                            /s/ Steven N. Bronson
                                            -----------------------------------
                                            Steven N. Bronson, President
30206 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 

Feb 1947; Cedula No. 38997548 

(COLOMBIA) (INDIVIDUAL) [SDNT]. 

SANCLEMENTE BEDOYA, Flor de 

Maria, c/o COLIMEX LTDA., Cali, 

Colombia; c/o DISTRIBUIDORA SANAR 

DE COLOMBIA S.A., Cali, Colombia; 

c/o COMERCIALIZADORA INTERTEL 

S.A., Cali, Colombia; c/o FUNDACION 

VIVIR MEJOR, Cali, Colombia; c/o 

FUNDASER, Cali, Colombia; DOB 4 Sep 

1964; Cedula No. 31931887 (Colombia); 

N.I.E. X2303467–V (Spain); Passport 

31931887 (COLOMBIA) (INDIVIDUAL) 

[SDNT]. 

FOMEQUE BLANCO, Amparo, Mz. 21 

Casa 5 Barrio San Fernando, Pereira, 

Colombia; c/o INDUSTRIA DE PESCA 

SOBRE EL PACIFICO S.A., 

Buenaventura, Colombia; Cedula No. 

31206092 (COLOMBIA) (INDIVIDUAL) 

[SDNT]. 

PATIN ̃ O FOMEQUE, Sonia Daysi, 

(a.k.a. PATIN ̃ O FOMEQUE, Sonia 

Daicy), Calle 9 Oeste No. 25–106, Cali, 

Colombia; c/o INDUSTRIA DE PESCA 

SOBRE EL PACIFICO S.A., 

Buenaventura, Colombia; Cedula No. 

66920533 (COLOMBIA) (INDIVIDUAL) 

[SDNT]. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. E9–14838 Filed 6–23–09; 8:45 am] 

BILLING CODE 4811–45–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Veterans’ Rural Health Advisory 

Committee; Notice of Meeting 

The Department of Veterans Affairs 

(VA) gives notice under Public Law 92– 

463 (Federal Advisory Committee Act) 

that the Veterans’ Rural Health Advisory 

Committee will conduct a telephone 

conference call meeting from 2 p.m. to 

3:30 p.m. on Thursday, July 16, 2009, at 

VA Central Office, 810 Vermont 

Avenue, NW., Washington, DC. The toll 

free number for the meeting is 1–866– 

802–4355, and the access code is 

1372672. The meeting is open to the 

public. 

The purpose of the Committee is to 

advise the Secretary of Veterans Affairs 

on health care issues affecting enrolled 

Veterans residing in rural areas. The 

Committee examines programs and 

policies that impact the provision of VA 

health care to enrolled Veterans residing 

in rural areas. 

The Committee will meet to discuss 

the current status of the Office of Rural 

Health operations, progress towards 

completion of the Committee’s first 

report to the Secretary and upcoming 

meeting dates. 

A 15 minute period will be reserved 

at 3:15 p.m. for public comments. 

Members of the public may also submit 

a one (1) page summary of their 

comments for inclusion in the official 

meeting record. For additional 

information, please contact Kara 

Hawthorne, Designated Federal Officer, 

at rural.health.inquiry@va.gov or (202) 

461–7100. 

Dated: June 18, 2009. 

By Direction of the Secretary. 

E. Philip Riggin, 

Committee Management Officer. 

[FR Doc. E9–14824 Filed 6–23–09; 8:45 am] 

BILLING CODE 8320–01–P