alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Michael Riccardi et al., Appellants, v Roberto Otero et al., Respondents.

[822 NYS2d 705]

Order, Supreme Court, Bronx County (George D. Salerno, J.), entered October 3, 2005, which, inter alia, granted defendants’ motions to dismiss the action as abandoned pursuant to CPLR 3215 (c), unanimously affirmed, without costs.

*572While this one incident, failure to make the appropriate diary entry, constitutes law office failure, and excuses the failure to move for a default judgment within one year (CPLR 3215 [c]), we find, on a search of the record, that there is no showing of the action’s merit. Concur—Saxe, J.E, Sullivan, Williams, Gonzalez and Catterson, JJ.
**CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
In connection with the Quarterly Report of Sentry Petroleum Ltd. (the "Company") on Form 10-Q for the period ended May 31, 2008 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Alan Hart, Chief Executive 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 14th day of July, 2008.

BY:
 ALAN HART                        Alan  Hart, Principal Executive Officer **
#### In the Matter of Elijah M.A. Little Flower Children and Family Services of New York, Appellant; Mohammed A., Respondent. (And Another Title.)

[976 NYS2d 402]

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights, inter alia, on the ground of permanent neglect, the petitioner appeals, as limited by its brief, from so much of an order of the Family Court, Kings County (Turbow, J.), dated September 10, 2012, as, after a fact-finding hearing, dismissed the petition insofar as asserted as against the father.

*709Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Family Court properly dismissed the petition insofar as asserted against the father because the petitioner failed to sustain its statutory burden of demonstrating, by clear and convincing evidence, that it exercised diligent efforts to strengthen the parental relationship between the child and the father *(see Matter of Sean Michael P.,*56 AD3d 783 [2008]; *Matter of Anna Marie G.,*29 AD3d 992, 994 [2006]).

There is no basis to disturb the Family Court’s finding that the father is a person whose consent is required in order for the child to be adopted *(see*Domestic Relations Law § 111 [1] [d]; *Matter of Sean Michael*P., 56 AD3d 783 [2008]). Mastro, J.R, Lott, Austin and Hinds-Radix, JJ., concur.
[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Pages 30660-30661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15167]


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

DEPARTMENT OF STATE

[Public Notice 6637]


U.S. Department of State Advisory Committee on Private 
International Law: Study Group on the Hague Convention on Choice of 
Court Agreements

    A Study Group on the 2005 Hague Convention on Choice of Court 
Agreements is being established under the Department of State Advisory

[[Page 30661]]

Committee on Private International Law to consider issues relating to 
domestic implementation of the Convention. This is not a meeting of the 
full Advisory Committee.
    The United States signed the Convention on January 19, 2009. The 
State Department is considering submission of the Convention to the 
Senate for its advice and consent to ratification. It is expected that 
the Convention will be accompanied by federal implementing legislation. 
The Study Group will be invited to comment on the content of such 
legislation, on the question of whether federal implementing 
legislation might be supplemented by a uniform state law, and on the 
question of what declarations the United States might make in its 
instrument of ratification.
    Time and Place: The public meeting of the Study Group will take 
place in Room 240, South Building, 2430 E St., NW., Washington, DC on 
July 27, 2009. Visitors should appear at the gate at the southwest 
corner of 23rd and C Streets by 8:45 a.m. EDT. The meeting will begin 
at 9 a.m. and is scheduled to last until 5 p.m., with a lunch break 
from noon-2 p.m. If you are unable to attend the public meeting and 
would like to participate from a remote location, teleconferencing will 
be available.
    Public Participation: Advisory Committee Study Group meetings are 
open to the public. Persons wishing to attend must, before July 20, 
contact Trisha Smeltzer at <a href="/cdn-cgi/l/email-protection#aeddc3cbc2dad4cbdcdac5eedddacfdacb80c9c1d8"><span class="__cf_email__" data-cfemail="26554b434a525c4354524d66555247524308414950">[email protected]</span></a> or 202-776-8423 and 
provide their name, date of birth, and social security number for pre-
clearance purposes, as well as e-mail address and affiliation. Please 
contact Ms. Smeltzer for additional meeting information, including 
teleconferencing dial-in details. Persons who cannot attend or 
participate by telephone but who wish to comment on the topics referred 
to above may do so by e-mail to Ms. Smeltzer.

    Dated: June 9, 2009.
Keith Loken,
Assistant Legal Adviser, Office of Private International Law, Office of 
the Legal Adviser, Department of State.
[FR Doc. E9-15167 Filed 6-25-09; 8:45 am]
BILLING CODE 4710-08-P


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<ARTICLE> 5
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM AUDITED
CONSOLIDATED FINANCIAL STATEMENTS FILED WITH THE COMPANY'S SEPTEMBER 30, 1997
ANNUAL REPORT ON FORM 10-KSB AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
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Labor Employer Reporting Instructions

Appendix I: Electronic File Format

 Form BA-6A, Form BA-6 Address Report

The information specified on this form, which is required by law under Section 7(b)(6) of 

the Railroad Retirement Act and Section 209.12 of the Code of Federal Regulations, will 

be used by the Railroad Retirement Board to mail Form BA-6, Certificate of Service 

Months and Compensation, to the employees of your company. The information is 

authorized for collection under OMB control number 3220-0005. This report is due by 

April 1st each year. Failure to report or the making of a false or fraudulent report can result 

in criminal prosecution or civil penalties, or both.

We estimate the electronic versions of this form transmitted by a secure e-mail or a File 

Transfer Protocol (FTP) takes an average of 15 minutes per response to complete, including 

time for reviewing the instructions, getting the needed data, and reviewing the completed 

form. Federal agencies may not conduct or sponsor, and respondents are not required to 

respond to, a collection of information unless it displays a valid OMB number. If you wish, 

send comments regarding the accuracy of our estimate or any other aspect of this form, 

including suggestions for reducing completion time, to

Associate Chief Information Officer for Policy and Compliance

Railroad Retirement Board

844 North Rush Street

Chicago, IL 60611-1275.

This exhibit below explains the format for reports filed on CD ROM, electronic files, or an 

upload on ERSNet. For information about the data to be entered, refer to Part V, Chapter 

5.

NOTE: Reports submitted on CD ROM, secure email, or FTP must be accompanied by 

Form G-440, "Report Specifications Sheet". 

Form BA-6a Record Format 

Field 

Length

Record 

Position Data and Instructions

9 1-9 The employee's 9-digit social security number.

15 10-24 First fifteen (15) characters of the employee's first 

name.

1 25 Employee’s middle initial.

20 26-45

First twenty (20) characters of the employee's 

surname. Spaces in such names as Mc Carthy, St 

Clair, De La Cross are acceptable.

30 46-75 Mailing Address Line 1 (Street Number, Post Office 

Box, etc.).

30 76-105 Mailing Address Line 2.

20 106-125 City

2 126-127 State
Labor Employer Reporting Instructions

Appendix I: Electronic File Format

 Form BA-6A, Form BA-6 Address Report

Form BA-6a Record Format 

Field 

Length

Record 

Position Data and Instructions

5 128-132 Zip Code

8 133-140 Blank Filler.

4 141-144 Four-digit BA number assigned by the Railroad 

Retirement Board.

8 145-152 Effective date of information (MMDDCCYY).

28 153-180 Blank Filler.

NOTE: The file should be saved as a text (*.txt) file with the record format listed above.
#### George A. Cruci, Appellant-Respondent, v General Electric Company et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. L.J. Coppola, Inc., Third-Party Defendant-Respondent.

[824 NYS2d 105]

*839In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Orange County (Horowitz, J.), dated July 20, 2005, as denied his motion for summary judgment on the issue of liability on his Labor Law § 240 (1) cause of action, and the defendants third-party plaintiffs cross-appeal, as limited by their brief, from so much of the same order as denied those branches of their cross motion which were for summary judgment dismissing the plaintiffs Labor Law § 240 (1) and § 241 (6) causes of action.

Ordered that the order is modified, on the law, by deleting the provision thereof denying the plaintiffs motion for summary judgment on the issue of liability on the Labor Law § 240 (1) cause of action, and substituting therefor a provision granting the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs to the plaintiff payable by the defendants third-party plaintiffs.

As the plaintiff was in the process of hoisting duct work to his coworkers approximately 15 feet above him, the duct work fell and struck him, causing injuries. The plaintiff established his prima facie entitlement to summary judgment on the issue of liability on his Labor Law § 240 (1) cause of action by demonstrating that an object, while being hoisted, fell because of the absence of a safety device of the kind enumerated in the statute *(see Narducci v Manhasset Bay Assoc.,*96 NY2d 259, 267 [2001]; *Zuckerman v City of New York,*49 NY2d 557, 562 [1980]). In opposition, the defendants third-party plaintiffs failed to raise a triable issue of fact *(see Zuckerman v City of New York, supra).*Accordingly, the plaintiffs motion for summary judgment on the issue of liability on his Labor Law § 240 (1) cause of action should have been granted, and that branch of the cross motion of the defendants third-party plaintiffs was properly denied.

With respect to that branch of their cross motion which was for summary judgment dismissing the plaintiffs cause of action under Labor Law § 241 (6), the defendants third-party plaintiffs failed to meet their burden of demonstrating prima facie that Industrial Code § 23-6.1 (d) *(see*12 NYCRR 23-6.1) lacked the specificity to qualify as a predicate for liability under Labor Law § 241 (6) *(see Zuckerman v City of New York, supra; Hayden v*
      *840
      *845 UN Ltd. Partnership,*304 AD2d 499, 500 [2003]; *Rissel v Nornew Energy Supply,*281 AD2d 880, 881 [2001]). In these circumstances, it is unnecessary to consider the plaintiffs opposition papers *(see Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851, 853 [1985]; *Mariaca-Olmos v Mizrhy,*226 AD2d 437, 438 [1996]). Accordingly, that branch of the cross motion which was for summary judgment dismissing the plaintiffs Labor Law § 241 (6) cause of action was properly denied. Miller, J.E, Crane, Santucci and Luciano, JJ., concur.
#### The People of the State of New York, Respondent, v Kenyatta Murphy, Appellant.

[821 NYS2d 764]

Judgment, Supreme Court, Bronx County (Margaret Clancy, J.), rendered March 5, 2004, convicting defendant, upon his plea of guilty, of three counts of robbery in the first degree, and sentencing him to concurrent terms of 10 years, unanimously affirmed.

Regardless of the validity or applicability of defendant’s waiver of his right to appeal, we conclude that the court properly exercised its discretion in denying youthful offender treatment *(see People v Drayton,*39 NY2d 580 [1976]), given defendant’s serious and repeated crimes. Concur—Tom, J.E, Marlow, Sullivan, McGuire and Malone, JJ.
[Federal Register Volume 74, Number 123 (Monday, June 29, 2009)]
[Notices]
[Page 31053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15291]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,692]


Tricon Timber, LLC, Superior, MT; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on March 27, 2009 in response to a petition 
filed by a company official on behalf of workers of Tricon Timber, LLC, 
Superior, Montana.
    The petitioner has requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC, this 23rd day of April 2009.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-15291 Filed 6-26-09; 8:45 am]
BILLING CODE 4510-FN-P
<PAGE>

                                                                     EXHIBIT 4.9

                              CERTIFICATE OF TRUST

                                       OF

                               DTE ENERGY TRUST I


                  THIS CERTIFICATE OF TRUST OF DTE ENERGY TRUST I (the "Trust")
is being duly executed and filed by the undersigned, as trustees, to form a
business trust under the Delaware Business Trust Act (12 Del. C. ss.3801, et
seq.)(the "Act").

                  First. The name of the business trust being formed hereby is
DTE Energy Trust I.

                  Second. The name and business address of the trustee of the
Trust in the State of Delaware is The Bank of New York (Delaware), 700 White
Clay Center, Route 273, Newark, Delaware 19711.

                  Third. This Certificate of Trust shall be effective as of its
filing with the Secretary of State of the State of Delaware.

                  IN WITNESS WHEREOF, the undersigned, being the trustees of the
Trust, have duly executed this Certificate of Trust in accordance with Section
3811(a)(1) of the Act as of the date first above written.



                                       The Bank of New York (Delaware),
                                           as Delaware trustee


                                       By:/s/ William T. Lewis
                                          ------------------------------
                                           Name: William T. Lewis
                                           Title: Senior Vice President


                                       The Bank of New York,
                                           as Property trustee


                                       By: /s/ Paul J. Schmalzel
                                          ------------------------------
                                           Name: Paul J. Schmalzel
                                           Title: Vice President
Labor Employer Reporting Instructions

Part VIII – Employer Reporting System (ERS) Internet User Instructions

Chapter 3e: How to Initiate Service and Compensation Reports

 Form BA-9, Report of Separation Allowance or Severance Pay

1

To initiate the Internet version of Form BA-9, select the Forms tab and then click on BA-9 on the 

drop down menu (see FIGURE 1). 

FIGURE 1

Next, select one of the following options (see FIGURE 2):

• Manually Enter an Individual BA-9 Report

• Upload a completed BA-9 Report File

FIGURE 2
Labor Employer Reporting Instructions

Part VIII – Employer Reporting System (ERS) Internet User Instructions

Chapter 3e: How to Initiate Service and Compensation Reports

 Form BA-9, Report of Separation Allowance or Severance Pay

2

To manually enter a report, first provide the applicable tax year and the employee’s identifying 

information (social security number, last name, first name, and middle initial); see FIGURE 3.

FIGURE 3

Information is then prefilled onto the BA-9 screen (see FIGURE 4). Detailed instructions for 

completing the rest of the BA-9 are accessed by clicking on the Instructions link provided at the 

top of the BA-9 screen (see FIGURE 4).
Labor Employer Reporting Instructions

Part VIII – Employer Reporting System (ERS) Internet User Instructions

Chapter 3e: How to Initiate Service and Compensation Reports

 Form BA-9, Report of Separation Allowance or Severance Pay

3

FIGURE 4
Labor Employer Reporting Instructions

Part VIII – Employer Reporting System (ERS) Internet User Instructions

Chapter 3e: How to Initiate Service and Compensation Reports

 Form BA-9, Report of Separation Allowance or Severance Pay

4

To upload a report, the file must be formatted according to the BA-9 electronic file format. See

Appendix I of the Labor Employer Reporting Instructions for the format.

A successful upload will result in a “Form BA-9 Grand Totals” screen comparable to FIGURE 5. 

FIGURE 5

After clicking the “Update BA-9” button, you will be redirected to the Pending Items Screen (see 

FIGURE 6).
Labor Employer Reporting Instructions

Part VIII – Employer Reporting System (ERS) Internet User Instructions

Chapter 3e: How to Initiate Service and Compensation Reports

 Form BA-9, Report of Separation Allowance or Severance Pay

5

FIGURE 6

Notifications

After clicking the “Approve All” button and answering YES to the “Approve Record(s)” pop-up 

box, an on-screen confirmation message will be displayed from ERSNet (see FIGURE 7). The 

ERSNet system will redirect the user to the “Completed Items” screen (see FIGURE 8).
Labor Employer Reporting Instructions

Part VIII – Employer Reporting System (ERS) Internet User Instructions

Chapter 3e: How to Initiate Service and Compensation Reports

 Form BA-9, Report of Separation Allowance or Severance Pay

6

FIGURE 7

FIGURE 8

To verify the information was correctly submitted for a report, click the “Please Select a Batch” 

arrow and select the appropriate batch from the drop down menu. Then select either “Print 

Summary” or “Print Detail” Report of the BA-9.
FOURTEENTH COURT OF APPEALS 

INFORMATION SHEET BY COURT REPORTERS 

You are expected to file the reporter’s record by the original due date. See Tex. R. App. P.35. If 

a reporter determines that the due date may not be met, please advise the Clerk of the Court of 

Appeals immediately in writing, stating the reason and the due date by which the record will be 

filed. Generally speaking, for good cause shown, the Court will grant no more than two 

extensions from the original record due date, each extension not to exceed 30 days in regular 

appeals and 10 days in accelerated appeals for a total period not to exceed 60 days in regular 

appeals and 20 days in accelerated appeals.

 

Appellate Case Number: Trial Court Case Number: 

(1) Is there a Reporter's Record? Y N

(2) Are you the only court reporter involved in this appeal? Y N

If not, please provide the names and addresses of all other court

reporters below.

(3) Has the appellant requested that the reporter’s record be prepared or 

has the trial court ordered that the record be prepared?

 Y N

(4) Please select from the following options:

 A. The appellant has paid for the record.

 B. The appellant has made arrangements to pay for the record

 C. The appellant is appealing as indigent.

 D. The appellant has not paid or made arrangements to pay for the

 record and is not appealing as indigent.

(5) Extension (fill out if extension is required for any reason other than payment)

I was unable to file the record in this appeal by ________. I expect the record 

in this appeal to be approximately _______ pages. The record covers 

_______days of testimony. I believe that I can file the record by _________. I 

ask that the court grant an extension until that time for filing the record.

Additional Comments: ___________________________________________

Court Reporter's Signature, Full Address, Email Address and Telephone Number: 

_______________________________________________________________________ 

_______________________________________________________________________

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 7/20/2015 12:13:10 PM CHRISTOPHER A. PRINE Clerk