alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

341 KA 12-00361 PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

KEVIN C. JOHNSON, DEFENDANT-APPELLANT.

MICHAEL STEINBERG, ROCHESTER, FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR RESPONDENT.

Appeal from an order of the Genesee County Court (Robert C. Noonan, J.), entered February 6, 2012. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by determining that defendant is a level two risk pursuant to the Sex Offender Registration Act and as modified the order is affirmed without costs.
Memorandum: On appeal from an order determining that he is a level three risk under the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq .), defendant contends that County Court erred in assessing 20 points against him under risk factor 7, for his relationship with one of the victims. We agree. At the SORA hearing, the People had “the burden of proving the facts supporting the [risk level classification] sought by clear and convincing evidence” (§ 168- n [3]; see People v Wroten , 286 AD2d 189, 199, lv denied 97 NY2d 610). Here, the People failed to meet their burden of establishing that defendant “established or promoted” his relationship with the victim “for the primary purpose of victimization” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 12 [2006]; see People v Johnson , 93 AD3d 1323, 1324). The People presented no evidence that defendant, who met the victim at a party, targeted the victim for the primary purpose of victimizing her ( see Johnson , 93 AD3d at 1324; cf. People v Washington , 91 AD3d 1277, 1277, lv denied 19 NY3d 801; People v Jackson , 70 AD3d 1385, 1385, lv denied 14 NY3d 714). As a result of the court’s error, defendant’s score on the risk assessment instrument must be reduced by 20 points, and thus he should be presumptively classified as a level two risk. We therefore modify the order accordingly.
We note in any event that we agree with defendant that the court-2- 341 KA 12-00361
failed to comply with Correction Law § 168-n (3), inasmuch as it failed to set forth the findings of fact and conclusions of law upon which it based its determination to assess points under risk factor 7 ( see People v Carlton , 78 AD3d 1654, 1655, lv denied 16 NY3d 782; People v Gilbert , 78 AD3d 1584, 1584, lv denied 16 NY3d 704). The court merely recited its conclusion, i.e., that “[d]efendant established a relationship with [the victim] for the purpose of victimization.”
Finally, we reject the contention of defendant that he was denied effective assistance of counsel at the SORA hearing ( see People v Rotterman , 96 AD3d 1467, 1468, lv denied 19 NY3d 813; People v Bowles , 89 AD3d 171, 181, lv denied 18 NY3d 807).

Entered: March 22, 2013 Frances E. Cafarell Clerk of the Court
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 21

- 00047

- CV

J OE E RVIN L OCKRIDGE

, Appellant

V

.

S TEPHANIE M ARTIN

, Appellee §

§

§

§ On Appeal from the 431st District

Court

of Den ton County ( 20

- 7122

- 431 )

April 15, 2021

Memorandum Opinion by Justice

Walker

JUDGMENT

This court has considered the record on appeal in this case and holds that the

appeal should be dismissed. It is ordered that the appeal is dismissed for want of

jurisdiction

.

SECOND DISTRICT COURT OF APPEALS

By

_ /s/ Brian Walker

___________________ Justice Brian Walker
#### UNITED STATES, for Use and Benefit of DORFMAN et al. v. STANDARD SURETY & CASUALTY CO. OF NEW YORK et al.

District Court, S. D. New York.

March 21, 1940.

Samuel Shapiro, of New York City, for use-plaintiffs.

Max E. Greenberg, of New York City, for defendant Standard Surety.

Baar, Bennett & Fullen, of New York City, for defendant Katz.

HULBERT, District Judge.

Plaintiffs’ counsel assuming the applicability of the provisions of the New York Civil Practice Act served an amended complaint within twenty days after the defendant interposed its answer. In this Court a party may amend his pleading once as a matter of course but only *before*a responsive pleading is served and otherwise by leave of court which “shall be freely given when justice so requires”. Rule 15, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

However, acting upon the alternative suggestion of counsel for the defendant Standard Surety & Casualty Company of New York, the amended com*240plaint will be regarded as having been served pursuant to leave and the motion to dismiss the second cause of action is denied. If the motion were granted the defendant Katz could, and asserts that he would, move to interplead. The motion of the defendant Surety Company for a bill of particulars is consented to in its entirety. *Settle order on*notice unless agreed upon as to form.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL DATA  INFORMATION  EXTRACTED FROM THE
COMPANY'S  AUDITED FINANCIAL  STATEMENTS  CONTAINED IN ITS REPORT ON FORM 10-K
FOR THE ANNUAL  PERIOD ENDED  DECEMBER 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<CIK> 0000811562
<NAME> KIMMINS CORP.
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>               DEC-31-1997
<PERIOD-END>                    DEC-31-1997
<CASH>                                          3,674,027
<SECURITIES>                                            0
<RECEIVABLES>                                  20,001,903
<ALLOWANCES>                                      921,301
<INVENTORY>                                             0
<CURRENT-ASSETS>                               38,321,590
<PP&E>                                         64,274,993
<DEPRECIATION>                                 15,835,530
<TOTAL-ASSETS>                                110,329,728
<CURRENT-LIABILITIES>                          38,954,876
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                            6,739
<OTHER-SE>                                      9,386,637
<TOTAL-LIABILITY-AND-EQUITY>                  110,329,728
<SALES>                                        80,931,958
<TOTAL-REVENUES>                               80,931,958
<CGS>                                          75,864,915
<TOTAL-COSTS>                                  75,864,915
<OTHER-EXPENSES>                                7,591,346
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                              3,027,090
<INCOME-PRETAX>                                (5,009,489)
<INCOME-TAX>                                      601,517
<INCOME-CONTINUING>                            (5,611,006)
<DISCONTINUED>                                 (2,907,234)
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                   (8,518,240)
<EPS-PRIMARY>                                       (1.97)
<EPS-DILUTED>                                       (1.97)
        

</TABLE>
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

MOVE, INC., NATIONAL ASSOCIATION OF 

REALTORS, NATIONAL ASSOCIATION OF HOME 

BUILDERS,

Plaintiffs/Counterclaim Defendants-Appellees

RE/MAX INTERNATIONAL, INC., ADVANCED 

ACCESS, ENEIGHBORHOODS, LLC, KELLER 

WILLIAMS REALTY, INC., NORCAL GOLD, INC., 

DBA RE/MAX GOLD, INC., FRANK HOWARD 

ALLEN REALTORS, ALAIN PINEL REALTORS, 

INC., BRAD KORB, CHRISTY MORRISON, 

PAYMON GHAFOURI, ORANGE COUNTY 

MULTIPLE LISTING SERVICE, INC., DBA 

SOUTHERN CALIFORNIA MLS, METROPOLITAN 

MULTI-LIST, INC., DBA GEORGIA MLS, INC., 

METROLIST SERVICES, INC., DELAWARE 

VALLEY REAL ESTATE INFORMATION 

NETWORK, INC., DBA TREND, NATIONAL 

ASSOCIATION OF NEW HOME BUILDERS, PULTE 

HOMES, INC., THE RYLAND GROUP, INC., SHEA 

HOMES, TAYLOR MORRISON, INC., FKA TAYLOR

WOODROW, INC.,AVALONBAY COMMUNITIES, 

INC., ESSEX PROPERTY TRUST INC., BRE 

PROPERTIES, INC., RIVERSTONE RESIDENTIAL 

GROUP, LLC, RAPATTONI CORPORATION, THE 

FIRST AMERICAN CORPORATION, FIDELITY 

NATIONAL REAL ESTATE SOLUTIONS, LLC, 

BIRDVIEW.COM, INC., DBA BIRDVIEW 

TECHNOLOGIES, IHOMEFINDER, INC., CIS DATA 

SYSTEMS, INC., DELTA MEDIA GROUP, INC., 
 

DIVERSE SOLUTIONS, LLC, WANISOFT 

CORPORATION,

Counterclaim Defendants

v.

REAL ESTATE ALLIANCE LTD.,

Defendant/Counterclaimant-Appellant

EQUIAS TECHNOLOGY DEVELOPMENT LLC,

Defendant/Counterclaimant

______________________ 

2014-1657

______________________ 

Appeal from the United States District Court for the 

Central District of California in Nos. 2:07-cv-02185-GHKAJW, 2:08-cv-01657-GHK-AJW, Judge George H. King.

______________________ 

JUDGMENT

______________________ 

ROBIN L. MCGRATH, Paul Hastings LLP, Atlanta, GA, 

argued for plaintiffs/counterclaim defendants-appellees. 

Also represented by FRANK G. SMITH, III, Alston & Bird 

LLP, Atlanta, GA.

LAWRENCE ALAN HUSICK, Lawrence A. Husick Law 

Offices, Southeastern, PA, argued for defendant/counterclaimant–appellant. Also represented by 

COLIN A. UNDERWOOD; LOUIS MARK SOLOMON, Cadwalader, Wickersham & Taft LLP, New York, NY.

______________________ 

THIS CAUSE having been heard and considered, it is
 3

ORDERED and ADJUDGED: 

 PER CURIAM (LOURIE, SCHALL, and LINN, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

 July 15, 2015 /s/ Daniel E. O’Toole

Date Daniel E. O’Toole 

 Clerk of Court
Certification of Chief Financial Officer Pursuant to 18 U.S.C. SECTION 1350   In connection with the Quarterly Report of Proper Power and Energy, Inc. (the Company) on Form 10-Q for the period ending September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Lior Segal, Chief Financial Officer of the Company, certify, to my knowledge that:  (i)  the accompanying Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended (the Act); and  (ii)  the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  PROPER POWER AND ENERGY, INC.  /s/:  Lior Segal LIOR SEGAL, Chief Financial Officer   November 16, 2009
ZACHARIAH HARVEY 

APPLICANT 

Vs. 

THE STATE OF TEXAS 

IN THE COURT OF CRIMINAL APPEALS 

AUSTIN TEXAS 

RECrE~VED ~N ICOOF\1' OF CRHVIINAt APPEALS 

JUL 1 R zo·~ 

AbeiAcosia, Clerk 

CAUSE No. 1311763-A-B 

IN REFEAENCE TO DOCKET.SHEET 

IN CAUSE No. l3ll763 #A 

TO THE CLERK ABEL A. COSTA: 

COMES NOW ZACHARIAH HARVEY, APPLICANT IN THE ABOVE MENTIONED IS HEREBYY 

REQUESTING A COPY OF THE COUR'l' 1 S OOCKET SHEET AS TO EVERYTHING SUB!VliTTED 

AS TO THE APPLICANT'S APPEAL .IN CAUSE # 1311763 ~A- #B. PLEASE THANKS, IT'S 

A MATTER OF I!VWORTANCE! 

YOUR ASSISTANCE IN THIS MATTER WILL BE HIGHLY APPRECIATED SINCERELY. 

cc: file 

6-24-15 

~EClEPJED .~~ ©~tOF CRIMJNAt APPEALS 

JUL 16 2015
@misc{1216586,
  author = {Gregory T. Linteris},
  title = {Burning Velocity Predictive Tools},
  year = {2023},
  month = {2023-09-25 04:09:00},
  language = {en},
}
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

KEVIN TYRELL BEACH,

Appellant,

v.

AVENTURA SENIOR ADVISORY SERVICE INC.,

Appellee.

No. 4D22-1401

[December 29, 2022]

Appeal from the County Court for the Seventeenth Judicial Circuit, 

Broward County; Daniel J. Kanner, Judge; L.T. Case No. COCE-22-

007713.

Kevin Tyrell Beach, North Lauderdale, pro se.

Ryan E. Sprechman of Sprechman & Fisher, P.A., Miami, for appellee.

PER CURIAM.

Affirmed.

GROSS, LEVINE and CONNER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
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 on Form 10-QSB of Good Times Restaurants Inc. (the "Company") for the period ended June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Boyd E. Hoback, Chief Executive Officer and Susan M. Knutson, Controller of the Company, hereby certifies, pursuant to and solely for the purpose of 18 U.S.C.  1350, as adopted pursuant to  906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

(1)	The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

(2)	The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
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-65,908]

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on May 11, 2009 in response to a petition filed by a company official on behalf of the workers at DJ Fashions, LLC, New York, New York.

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

      ( print page 30643)    
Signed at Washington, DC, this 19th day of May 2009.

Richard Church,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-15216 Filed 6-26-09; 8:45 am]

BILLING CODE 4510-FN-P
EXHIBIT 31.2

CERTIFICATION PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Fred A. Brasch, certify that:

1. I have reviewed this Quarterly Report
on Form 10Q of Middle Kingdom Alliance Corp. for the three month period ending June 30, 2007.

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 and we 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 is made known to us by others within that entity, particularly during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the 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 that has materially affected, or is reasonably likely to
materially affect, the registrants internal control over financial reporting;

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 the 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 registrant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 registrants internal control over financial reporting .

Date: August 10, 2007



|                   |  |                        
|------------------ |  | -----------------------
|/s/ Fred A. Brasch
|Name:              |  | Fred A. Brasch         
|Title:             |  | Chief Financial Officer
#### The People of the State of New York, Respondent, v Victor Martorell, Appellant.

[853 NYS2d 345]

*427The court properly denied defendant’s suppression motion. There is no basis for disturbing the hearing court’s credibility determinations, which are supported by the record *(People v Prochilo,*41 NY2d 759, 761 [1977]). The police witness’s account of the incident was plausible, and it does not cast doubt on his credibility. Concur—Tom, J.P., Friedman, Nardelli, Catterson and Moskowitz, JJ.
**IN THE SUPREME COURT**  **FOR THE STATE OF MONTANA**  No. DA 23
-0266 IN THE MATTER OF : K.P. AND K.P. , Youths In Need Of Care

. **ORDER** Upon consideration of Father and Appellant ’s Motion For Extension Of Time (First) , and with good cause shown, Father and Appellant N.P. is hereby granted an extension of time until September 29, 2023, in which to prepare, file and serve Father and Appellant ’s opening brief. No further extensions will be granted.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

August 22 2023

08/22/2023
@misc{1206521,
  author = {Mahesh Mani and Greta Babakhanova and Kelley Rogers and Lisa Jean Fronczek},
  title = {Manufacturing USA Semiconductor Institute(s) Summary of Responses to Request for Information},
  year = {2023},
  month = {2023-06-01 04:06:00},
  publisher = {Advanced Manufacturing Series (NIST AMS), National Institute of Standards and Technology, Gaithersburg, MD},
  url = {https://tsapps.nist.gov/publication/get_pdf.cfm?pub_id=936576},
  doi = {https://doi.org/10.6028/NIST.AMS.600-12},
  language = {en},
}
Court Of Criminal Appeals 

Abel Acasta, Clerk 

P.O. Box 12308 

Capatal Station 

Austin, Texas 78711 

RE: Trial Cburt No. Wl0-34786-S(A), WR-82,696-01 

Dear Clerk, 

July 10, 2015 

RECE\VED \N 

COURT OF CRIMINAL APPEALS 

JUL 16 2015 

Abe\ Acosta, C'erl< 

I'm writing to inquire about the status of my writ of habeas corpus in the 

above styled and numbered cause. On January 12 12015, the 282 District Court of 

Dallas County 1 Texas transfered its "Findings Of Fact And Conclusion Of Law to 

this coort. On February 4, this court (Court Of Criminal Ar:peals) issued an 

\ order for the 282nd District Court to send a supplemmtal transcript containing'·. 

all affidavits and interrogatories to the transcription of the .court reporter's 

noted from any hearing or defOsition, along with the trial court's supplemental 

findings of fact and conclusions of law to this court within 120 days. 

As of this day 1 July 101 2015, ar:p roximately 146 days has past and I have 

not received any response from the trial court regarding the Court order. If 

·, 

you have received any information from. the trial court regarding a sq:>plemental 

transcript would you please serrl me a copy so that I may respond to the record. 

However, if the trial court has not responded as ordered by the Coort, would 

you please send a letter reminding the trial court of is obligation to comply 

with the Coort's Order. Your assistance in this rratter is highly ar:precJ..ated. 

Thank you for your time and co ope led tion. 

Respectfully submitted: 

Arturo Mendrano No. 1894196 
Certificate Of Service 

I, Arturo Medrano, TDCJ-ID No. 1894196, Awlicant, Pro se, cb hereby certify 

that a true and correct copy of this foregoing letter has been sent to the 

Assistant District Attorney, Shara D. Saget, 133 N. Riverfrmt Blvd, LB-19, 

Frank. Crowley Crurts Bldg, Dallas, Texas 75207-4399. Executed on/ this lOth day 

of July, 2015. 

Signed 

Arturo MEdrano No. 1894196 

Coffield Unit 

2661 F .M .2054 

Tennessee Cblony, Texas 75884 

2
H. Res. 552 

In the House of Representatives, U. S., 

October 22, 2019. 

Whereas United States citizen Paul Whelan is a resident of 

Novi, Michigan, and a United States Marine Corps veteran; 

Whereas Paul Whelan traveled to Moscow for the wedding of 

a personal friend on December 22, 2018; 

Whereas Russia’s Federal Security Service arrested Paul 

Whelan at the Metropol Hotel in Moscow on December 

28, 2018, and charged him with espionage; 

Whereas Paul Whelan was imprisoned in Lefortovo Prison 

and continues to be held there more than 8 months after 

his arrest; 

Whereas the Federal Security Service has not provided any 

evidence of supposed wrongdoing; 

Whereas a Moscow court has extended Paul Whelan’s pretrial detention multiple times without publicly presenting 

justification or evidence of wrongdoing; 

Whereas officials from the United States Embassy in Moscow 

have routinely had their topics of discussion with Paul 

Whelan severely limited by the Federal Security Service; 

Whereas even Paul Whelan’s Federal Security Service-appointed lawyer, Vladimir Zherebenkov, said on May 24, 
2 

•HRES 552 EH 

2019, ‘‘[The Federal Security Service] always roll[s] out 

what they have, but in this case, we’ve seen nothing concrete against Whelan in five months. That means there 

is nothing.’’; 

Whereas the United States Ambassador to Russia, Jon 

Huntsman, responded on April 12, 2019, to a question 

about the detention of Paul Whelan, ‘‘If the Russians 

have evidence, they should bring it forward. We have seen 

nothing. If there was a case, I think the evidence would 

have been brought forward by now.’’; and 

Whereas Secretary of State Mike Pompeo met with Russian 

Foreign Minister Sergey Lavrov on May 14, 2019, and 

urged him to ensure United States citizens are not unjustly held abroad: Now, therefore, be it 

Resolved, That the House of Representatives— 

(1) urges the Government of the Russian Federation to present credible evidence on the allegations 

against Paul Whelan or immediately release him from 

detention; 

(2) urges the Government of the Russian Federation to provide unrestricted consular access to Paul 

Whelan while he remains in detention; 

(3) urges the Government of the Russian Federation to ensure Paul Whelan is afforded due process and 

universally recognized human rights; 

(4) encourages the President and the Secretary of 

State to continue to press the Government of the Russian Federation at every opportunity and urge the Rus-
3 

•HRES 552 EH 

sian Government to guarantee a fair and transparent judicial process without undue delay in accordance with its 

international legal obligation; and 

(5) expresses sympathy to the family of Paul 

Whelan and expresses hope that their ordeal can soon be 

brought to an end. 

Attest: 

Clerk.