alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[996 NE2d 904, 974 NYS2d 24]

#### Bruno Kearney Architects, LLP, Appellant, v Lisa Rose, Respondent.

Decided September 10, 2013

*1054APPEARANCES OF COUNSEL

*Gogick, Byrne & O’Neill, LLP,*New York City *(John M. Rondello, Jr.,*of counsel), for appellant.

*Law Offices of William R. Garbarino,*Sayville *(Donald R. Hamill*of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and judgment absolute dismissing the complaint granted upon plaintiffs stipulation. The Appellate Division correctly determined that plaintiff was not entitled to recovery against defendant.

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Abdus-Salaam. Taking no part: Judge Rivera.
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 Pet Express Supply, Inc. (the "Company") on Form 10-QSB for the three month period ended September 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Renea Yamada, acting in the capacity as the Chief Executive Officer of the Company, and I, Diane Egger, acting in the capacity as the Chief Financial Officer of the Company, certify to the best of our knowledge, 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 condition and result of operations of the Company.





/s/ Renea Yamada

Renea Yamada

Chief Executive Officer

November 5, 2007





/s/ Diane Egger

Diane Egger

Chief Financial Officer

November 5, 2007
[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Pages 30551-30557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15116]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Revised Non-Foreign Overseas Per Diem Rates

AGENCY: DoD, Per Diem, Travel and Transportation Allowance Committee.

ACTION: Notice of Revised Non-Foreign Overseas Per Diem Rates.

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

SUMMARY: The Per Diem, Travel and Transportation Allowance Committee is 
publishing Civilian Personnel Per Diem Bulletin Number 264. This 
bulletin lists revisions in the per diem rates prescribed for U.S. 
Government employees for official travel in Alaska, Hawaii, Puerto 
Rico, the Northern Mariana Islands and Possessions of the United 
States. AEA changes announced in Bulletin Number 194 remain in effect. 
Bulletin Number 264 is being published in the Federal Register to 
assure that travelers are paid per diem at the most current rates.

DATES: Effective Date: July 1, 2009.

SUPPLEMENTARY INFORMATION: This document gives notice of revisions in 
per diem rates prescribed by the Per Diem Travel and Transportation 
Allowance Committee for non-foreign areas outside the continental 
United States. It supersedes Civilian Personnel Per Diem Bulletin 
Number 263. Distribution of Civilian Personnel Per Diem Bulletins by 
mail was discontinued. Per Diem Bulletins published periodically in the 
Federal Register now constitute the only notification of revisions in 
per diem rates to agencies and establishments outside the Department of 
Defense. For more information or questions about per diem rates, please 
contact your local travel office. The text of the Bulletin follows:
BILLING CODE 5001-06-M

[[Page 30552]]

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[[Page 30557]]


    June 10, 2009.
Patricia L. Toppings,
OSD Federal Register, Liaison Officer, Department of Defense.
[FR Doc. E9-15116 Filed 6-25-09; 8:45 am]
BILLING CODE 5001-06-C
**EXHIBIT 32**

 

**Pursuant to 18 U.S.C. Section 1350, as created bySection 906 of the Sarbanes-Oxley Act of 2002, the following certifications arebeing made to accompany the Registrant’s quarterly report on Form 10-Q for thefiscal quarter ended November 1, 2008:**

 

**Certification of Chief ExecutiveOfficer(1)**

 

----

 

Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of theSarbanes-Oxley Act of 2002, the undersigned officer of Neiman Marcus, Inc. (theCompany) hereby certifies, to such officer’s knowledge, that:

 

(i) the Quarterly Reporton Form 10-Q of the Company for the fiscal quarter ended November 1, 2008 (theReport) fully complies with the requirements of Section 13(a) or Section 15(d),as applicable, of the Securities Exchange Act of 1934, as amended; and

 

(ii) the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| Dated: December 10, 2008 | /s/  BURTON  M. TANSKY                        |
|--------------------------|---------------------------------------------------------|
|                     | Burton M. Tansky  President and Chief Executive Officer |

** **

** **

**Certification of Chief FinancialOfficer(1)**

 

----

 

Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of theSarbanes-Oxley Act of 2002, the undersigned officer of Neiman Marcus, Inc. (theCompany) hereby certifies, to such officer’s knowledge, that:

 

(i) the Quarterly Reporton Form 10-Q of the Company for the fiscal quarter ended November 1, 2008 (theReport) fully complies with the requirements of Section 13(a) or Section 15(d),as applicable, of the Securities Exchange Act of 1934, as amended; and

 

(ii) the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| Dated: December 10, 2008 | /s/  JAMES E.  SKINNER                                       |
|--------------------------|------------------------------------------------------------------------|
|                     | James E. Skinner  Executive Vice President and Chief Financial Officer |

 

 

----

(1) A signedoriginal for this written statement required by Section 906 has been providedto Neiman Marcus, Inc. and will be retained by Neiman Marcus, Inc. andfurnished to the Securities and Exchange Commission or its staff upon request.

 

----
FROM COURT OF CRIMINAL APPEALS OF TEXAS
STATE OF TEXAS Mc
PENALTY FOR
PRIVATE USE

7112015 ga: <*
WARREN, SHYDAREON ANTONEY *}

—j =
dG Ss S55
Saas

Ee sigs

0001401623 JuL. 02 j

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ea
Tr. Ct. No. 14184330164, ia

The Court has dismissed your ap lice
Order for non-compliance with Texas | P|
applicant has not completed a Propér’ Verification o}
Rendon‘: 326 S.W. 3D 224 (Tex. Crim: App. 2010)

Abel Acosta, Clerk

SHYDAREON ANTONEY WARREN vac
TDC # 1919487
[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Page 30593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15065]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood 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 Heart, Lung, and Blood Institute 
Special Emphasis Panel; NHLBI Grant Opportunities in Comparative 
Effectiveness (ARRA).
    Date: July 8, 2009.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 
Wisconsin Avenue, Bethesda, MD 20814.
    Contact Person: Robert Blaine Moore, PhD, Scientific Review 
Officer, Review Branch/DERA, National Heart, Lung, and Blood 
Institute, 6701 Rockledge Drive, Room 7213, Bethesda, MD 20892, 301-
594-8394, <a href="/cdn-cgi/l/email-protection#c1acaeaeb3a4a381afa9ada3a8efafa8a9efa6aeb7"><span class="__cf_email__" data-cfemail="523f3d3d203730123c3a3e303b7c3c3b3a7c353d24">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research; 93.701, ARRA Related 
Biomedical Research and Research Support Awards, National Institutes 
of Health, HHS)

    Dated: June 18, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-15065 Filed 6-25-09; 8:45 am]
BILLING CODE 4140-01-P


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</html>
THE THIRTEENTH COURT OF APPEALS

13-22-00021-CR

JOSHUA LEE VASQUEZ

v.

THE STATE OF TEXAS

On Appeal from the

377th District Court of Victoria County, Texas

Trial Court Cause No. 21-09-33167-D

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes that the judgment of the trial court should be affirmed, as modified. 

The Court orders the judgment of the trial court AFFIRMED, AS MODIFIED.

We further order this decision certified below for observance.

February 9, 2023
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously finds this case suitable for decision without **

oral argument. See Fed. R. App. P. 34(a)(2).

KS/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

LUZ MARIA MARTINEZ-MARTINEZ,

 Petitioner,

 v.

ERIC H. HOLDER Jr., Attorney General,

 Respondent.

No. 07-71873

Agency No. A077-062-204

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted January 11, 2010** 

Before: BEEZER, TROTT, and BYBEE, Circuit Judges. 

Luz Maria Martinez-Martinez, a native and citizen of Mexico, petitions for

review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to

reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of

FILED

JAN 21 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
KS/Research 2 07-71873

discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894

(9th Cir. 2003), and we deny the petition for review.

The BIA provided adequate consideration of the supporting evidence

Martinez-Martinez submitted with her motion, including the psychological

evaluation of her U.S. citizen son, and acted within its broad discretion in

determining that the evidence was insufficient to warrant reopening. See Lopez v.

Ashcroft, 366 F.3d 799, 807 n.6 (9th Cir. 2004) (BIA is required to “consider the

issues raised, and announce its decision in terms sufficient to enable a reviewing

court to perceive that it has heard and thought and not merely reacted”) (citation

omitted).

PETITION FOR REVIEW DENIED.
**EXHIBIT
      32.1**




**CERTIFICATION
      PURSUANT TO CHAPTER 63 OF**


**TITLE
      18 U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**




SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002




In
      connection with the Annual Report of Kingston Systems Inc. (the "Company")
      on
      Form 10-K for the period ended March 31, 2008 as filed with the Securities
      and
      Exchange Commission on the date hereof (the "Report"), I, Ralph E. McKittrick,
      Chief Executive Officer, certify, pursuant to 18 U.S.C. ss.1350, as adopted
      pursuant to ss.906 of the Sarbanes-Oxley Act, 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 condition and results of operations of the Company.




**KINGSTON
      SYSTEMS INC.**


By:
              /s/
                  Ralph E. McKittrickRalph
                  E. McKittrickChief
                  Executive OfficerJuly
                  15, 2008




The
      foregoing certification is being furnished solely pursuant to Section 906 of
      the
      Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter
      63
      of Title 18, United States Code) and is not being filed as part of the Annual
      Report on Form 10-K or as a separate disclosure document.





A
      signed
      original of this written statement, required by Section 906, has been provided
      to Kingston Systems, Inc. and will be retained by Kingston Systems, Inc. and
      furnished to the Securities and Exchange Commission or its staff upon
      request.
1 Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 11, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-50963

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANTONIO JAUREGUI-ESPARZA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-02-CR-665-1-WWJ

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

Before DUHÉ, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:1

Antonio Jauregui-Esparza (“Jauregui”) appeals from his

conviction by guilty plea of possession with intent to distribute

marijuana. Jauregui retained his right to appeal from the denial

of his motion to suppress evidence, and he contends that Border

Patrol agents lacked reasonable suspicion to stop his pickup after

it was observed on Ranch Road 2523 near Del Rio, Texas.

The Border Patrol agents in Jauregui’s case had reasonable

suspicion to stop the pickup. Jauregui was traveling in an area
2

close to the border, on a road frequently used to avoid a Border

Patrol checkpoint. Agent Rene Carrasco was familiar with RR 2523,

having patrolled the road for eight years. Jauregui’s vehicle was

very clean, which in Agent Carrasco’s experience was unusual for

the area. Jauregui did not respond to Agent Carrasco’s wave, and

he accelerated and drove away very fast after his initial encounter

with Agent Carrasco. Jauregui did not stop until agents activated

their lights. By the time Jauregui was stopped, agents could have

reasonably suspected that Jauregui was involved in criminal

activity. See United States v. Inocencio, 40 F.3d 716, 722 (5th

Cir. 1994). The district court did not err by denying the motion

to suppress.

AFFIRMED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
STATEMENT OF INCOME FOR THE YEAR ENDED DECEMBER 31, 1997 AND THE BALANCE SHEET
AT DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                              58
<SECURITIES>                                         0
<RECEIVABLES>                                      664
<ALLOWANCES>                                        54
<INVENTORY>                                         23
<CURRENT-ASSETS>                                   786
<PP&E>                                           9,749
<DEPRECIATION>                                   5,750
<TOTAL-ASSETS>                                   4,901
<CURRENT-LIABILITIES>                            1,283
<BONDS>                                          1,432
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,595
<OTHER-SE>                                       (396)
<TOTAL-LIABILITY-AND-EQUITY>                     4,901
<SALES>                                              0
<TOTAL-REVENUES>                                 3,321
<CGS>                                                0
<TOTAL-COSTS>                                    2,619
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 115
<INCOME-PRETAX>                                    589
<INCOME-TAX>                                       238
<INCOME-CONTINUING>                                351
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       351
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### In the Matter of Leon R. Koziol, a Suspended Attorney, Appellant. Committee on Professional Standards, Respondent.

Submitted July 15, 2013;

decided September 10, 2013

*1057On the Court’s own motion, appeal, insofar as taken from that portion of the Appellate Division order denying reconsideration of the application for reinstatement, dismissed, without costs, upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution; appeal otherwise dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal, insofar as taken from that portion of the Appellate Division order denying reconsideration of the application for reinstatement, dismissed upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied. Motion for a stay and other relief dismissed as academic.
Fourth Court of Appeals

San Antonio, Texas

February 5, 2020

No. 04-20-00026-CR

IN RE Detrick DEROVEN

Original Mandamus Proceeding1

ORDER

On January 16, 2020, relator filed a petition for writ of mandamus, a Motion for Leave to 

File Petition, and a Motion to Proceed In Forma Pauperis. Relator’s Motion for Leave to File 

Petition is denied as moot, and his Motion to Proceed In Forma Pauperis is granted. However, 

because relator obtained the relief requested, we dismiss his petition for writ of mandamus as moot. 

It is so ORDERED on February 5, 2020.

_____________________________

Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 5th day of February, 2020.

_____________________________

Michael A. Cruz, Clerk of Court

1 This proceeding arises out of Cause No. 1996-CR-3437-A, styled The State of Texas v. Detrick Deroven, pending in 

the 186th Judicial District Court, Bexar County, Texas, the Honorable Jefferson Moore presiding.
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 98-30074

RAMONA C. GROS,

Plaintiff-Appellant,

VERSUS

KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,

Defendant-Appellee.

Appeal from the United States District Court

For the Eastern District of Louisiana

(96-CV-3323-D)

February 8, 1999

Before GARWOOD, DAVIS and DeMOSS, Circuit Judges.

PER CURIAM:*

After reviewing the record in this case and considering the

briefs and argument of counsel, we conclude that the order of the

Commissioner is supported by substantial evidence. 

AFFIRMED.
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350**

 

In connection with the Quarterly Report ofBuckeye GP Holdings L.P. (“BGH”) on Form 10-Q for the period ended March 31,2009 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I,Keith E. St.Clair, Chief Financial Officer ofMainLine Management LLC, the general partner of BGH, hereby certify, to myknowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that:

 

(1)           TheReport fully complies with the requirements of Section 13(a) of theSecurities Exchange Act of 1934, as amended; and

 

(2)           Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of BGH.

 
|                    |                                                |
|-------------------------|-----------------------------------------------------|
|                    | MAINLINE  MANAGEMENT LLC, as general partner of BGH |
|                    |                                                |
| Date:  May 8, 2009 | /s/ KEITH E.  ST.CLAIR                              |
|                    | Keith E.  St.Clair                                  |
|                    | *Chief  Financial Officer*                          |

 

----