alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### 2 North Broadway Food, Inc., Respondent, v Steven Anduze, Appellant.

[822 NYS2d 733]

In an action to recover damages for legal malpractice, the defendant appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated September 27, 2005, which, in effect, denied his motion to dismiss the complaint on the ground that the plaintiff lacked the capacity to sue.

Ordered that the order is reversed, on the law, with costs, and the motion to dismiss the complaint is granted.

The plaintiff, a dissolved corporation, lacked the capacity to commence the present action because it does not relate to the plaintiff’s winding up of its corporate affairs *(see*Business Corporation Law § 1005 [a] [1]; § 1006 [a]; *Brandes Meat Corp. v Cromer,*146 AD2d 666, 666-667 [1989]; *Lorisa Capital Corp. v Gallo,*119 AD2d 99, 110 [1986]; *compare St. James Constr. Corp. v Long,*253 AD2d 754, 755 [1998]). Accordingly, the Supreme Court should have granted the defendant’s motion to dismiss the complaint *(see*CPLR 3211 [a] [3]). Adams, J.E, Krausman, Rivera and Lifson, JJ., concur.
<PAGE>
                                                                               .
                                                                               .
                                                                               .

                                                                     EXHIBIT 8.1

                              LIST OF SUBSIDIARIES

<TABLE>
<CAPTION>
                                         YEAR OF           JURISDICTION OF
               SUBSIDIARY            INCORPORATION          INCORPORATION            PERCENTAGE OWNED
<S>                                  <C>                   <C>                       <C>
Hoshin GigaMedia Center Inc.              1997                  Taiwan                     100%
GigaMusic.com Ltd.                        2001              Cayman Islands                  95%
G-Music                                   2002              Cayman Islands                  58%
Koos Broadband Telecom Limited            2001                  Taiwan                    99.90%
</TABLE>
Exhibit 32.2

                            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 Annual Report of Northeast Mortgage  Corporation
on Form  10-KSB for the  period  ending  December  31,  2002,  as filed with the
Securities and Exchange  Commission on the date hereof (the  "Report"),  I, Sean
Rogerson,  Vice-President 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, 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; 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/    Sean Rogerson
------------------------------
Sean Rogerson
Vice-President
(Principal Financial Officer)


September 18, 2003


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.





                                       20
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, May 24, 2017. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, May 24, 2017 The Court of Appeals hereby passes the following order A17I0217. AMANDA GAIL MARQUIS v. THE STATE.
Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby DENIED.
LC NUMBERS: 2015CR190
Exhibit 10.1
 SECOND AMENDMENT TO THE
MARK THIERER EMPLOYMENT AGREEMENT
 WHEREAS Executive Company Agreement
 WHEREAS Board Committee
 WHEREAS,
 NOW, THEREFORE, BE IT RESOLVED,in accordance with the foregoing recitals, the Agreement is
amended as follows:
 1.
    
    Subsection 3.7(b) of the Agreement shall be deleted in its entirety and replaced with the
following:
  IN WITNESS WHEREOF
 COMPANY
 SXC HEALTH SOLUTIONS CORPORATIONand SXC HEALTH SOLUTIONS, INC.By:
    
    /s/ Steven Cosler
    
    September 1, 2010Chairman of the Compensation Committee
    
    Dateof the Companys Board of DirectorsEXECUTIVE:By:
    
    /s/ Mark Thierer
    
    September 1, 2010Mark Thierer
    
    Date
RCM 10.1

RCM 10.1 Freedom of Information and Privacy Acts Revised May 17, 2017 Page 1 of 2

Refer to FOM1 130 for FOIA and PA information.
(December 12, 2013)

#### The People of the State of New York, Respondent, v Espasien Dauphin, Appellant.

[976 NYS2d 465]

Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered August 29, 2011, convicting defendant, after a jury trial, of operating a motor vehicle while under the influence of alcohol, and sentencing him to a term of three years’ probation and a $1,000 fine, unanimously affirmed.

The court properly denied defendant’s speedy trial motion. The motion turns on an adjournment that the court properly excluded because the People’s statement on the morning of June 2 that “we are ready at 2:15” constituted a statement of present readiness. Actual readiness does not require that the People be able to call their first witness to the stand at the very moment they represent that they are ready *(see People v Wilson,*86 NY2d 753 [1995]; *People v Cantillo,*279 AD2d 326 [1st Dept 2001]; *People v Dushain,*247 AD2d 234, 236 [1998], *lv denied*91 NY2d 1007 [1998]). The People’s representation that they would be prepared to proceed with trial that afternoon — which *472defendant does not contradict — showed that they had “done all that is required of them to bring the case to a point where it may be tried” *(People v England,*84 NY2d 1, 4 [1994]). In any event, the adjournment was not chargeable to the People because defense counsel specifically requested an adjournment *(see*CPL 30.30 [4] [b]).

The court properly allowed the trained officer who operated an Intoxilyzer machine to testify to the meaning of an “insufficient sample” message, i.e., that the appearance of this message indicates that the blood alcohol content score generated by the machine represented the tested individual’s lowest possible blood alcohol content. This testimony amounted to reporting the results of the test, which, once a proper foundation had been laid, was permissible without expert testimony *(see People v Mertz,*68 NY2d 136, 148 [1986]).

We perceive no basis for reducing the sentence. Concur— Gonzalez, EJ., Andrias, Saxe, Richter and Clark, JJ.
#### Edward FEARS, Jr., Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

No. 2012-7047.

United States Court of Appeals, Federal Circuit.

March 11, 2013.

Sean A. Ravin, Washington, DC, for Respondent-Appellee.

Michael S. Macko, Department of Justice, Jonathan E. Taylor, Michael J. Timin-ski, Department of Veterans Affairs, Washington, DC, for Respondent-Appel-lee.

Before DYK, CLEVENGER, and MOORE, Circuit Judges.

ORDER

It Is Ordered That:

The appeal is dismissed for lack of jurisdiction.
**EXHIBIT
      32.1**





**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. §1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**




In
      connection with the Quarterly Report of Western Capital Resources, Inc. (the
      “Company”) on Form 10-Q for the nine months ended September 30, 2008 as filed
      with the Securities and Exchange Commission on the date hereof (the “Report”),
      I, Christopher Larson, Chief Executive Officer of the Company, and I, Steve
      Staehr, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
      §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 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/
                Christopher LarsonChristopher
                LarsonChief
                Executive OfficerNovember
                19, 2008/s/
                Steve StaehrSteve
                StaehrChief
                Financial OfficerNovember
                19, 2008
IV 

116TH CONGRESS 

2D SESSION H. RES. 850 

Expressing disapproval of the Trump administration’s removal of United 

States Army Lieutenant Colonel Alexander Vindman from the National 

Security Council. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 12, 2020 

Mr. BRENDAN F. BOYLE of Pennsylvania submitted the following resolution; 

which was referred to the Committee on Oversight and Reform 

RESOLUTION 

Expressing disapproval of the Trump administration’s removal of United States Army Lieutenant Colonel Alexander Vindman from the National Security Council. 

Whereas Lieutenant Colonel Alexander Vindman serves our 

country honorably and selflessly; 

Whereas Lieutenant Colonel Alexander Vindman is a Purple 

Heart recipient and an Iraq war veteran with multiple 

military honors; 

Whereas, on November 19, 2019, Lieutenant Colonel Alexander Vindman testified, under subpoena, before the Permanent Select Committee on Intelligence of the House of 

Representatives about President Trump’s July 25 telephone call with Ukraine President Volodymyr Zelensky 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HRES 850 IH 

and his concerns about the call, which he reported to his 

superiors; 

Whereas at the hearing, Lieutenant Colonel Alexander 

Vindman said ‘‘I am a patriot, and it is my sacred duty 

and honor to advance and defend our country, irrespective of party or politics.’’; 

Whereas Lieutenant Colonel Alexander Vindman and his twin 

brother, Lieutenant Colonel Yevgeny Vindman, were removed from the National Security Council on February 

7, 2020, in an apparent act of retaliation; 

Whereas the Office of the President of the United States 

should seek to preserve the political neutrality of the 

Federal Government; and 

Whereas blatant attempts to govern by fear, exemplified by 

the unwarranted and politically motivated termination of 

two qualified, distinguished, and dedicated public servants has no place in a Nation ruled by laws: Now, therefore, be it 

1 Resolved, That it is the sense of the House of Rep2 resentatives that— 

3 (1) the actions taken by the Trump administra4 tion to seek retribution from witnesses of the House 

5 impeachment inquiry is a cruel attack on all public 

6 servants, creating fear in the United States Govern7 ment; 

8 (2) the Trump administration must imme9 diately end retribution of all witnesses of the House 

10 impeachment inquiry; and 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HRES 850 IH 

1 (3) the Trump administration should uphold its 

2 responsibility to democratic values of the United 

3 States. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
**EXHIBIT 32.1**

**CERTIFICATIONPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT**

August 13, 2007

U. S. Securities and Exchange Commission100 F Street, N. E.Washington, D.C. 20549

Ladies and Gentlemen:

The certification set forth below is being submittedto the Securities and Exchange Commission solely for the purpose of complyingwith Section 1350 of Chapter 63 of Title 18 of the United StatesCode. This certification is not to be deemed to be filed pursuant to theSecurities Exchange Act of 1934 and does not constitute a part of the QuarterlyReport on Form 10-Q (the “Report”) accompanying this letter and isnot to be incorporated by reference into any filing, whether made before orafter the date hereof, regardless of any general incorporation language in suchfiling.

I, Robert E.Driscoll, the President and Chief Executive Officer of Mirant NorthAmerica, LLC (the “Company”), certify that, subject to the qualificationsnoted below, to the best of my knowledge:

1.                the Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

2.                theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of Mirant NorthAmerica, LLC.
| Name:    | /s/ ROBERT E.  DRISCOLL            |   |
|----------|-----------------------------------------|--------|
|     | Robert E. Driscoll                 |
| * * | *President and Chief Executive Officer* |

 

A signed original of this written statement requiredby Section 906 has been provided to Mirant North America, LLCand will be retained by Mirant North America, LLC and furnished to theSecurities and Exchange Commission or its staff upon request.

----
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 Health and Human Services

###### National Institutes of Health 

                    Notice is hereby given of a change in the meeting of the National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel, June 25, 2009, 6 p.m. to June 26, 2009, 5 p.m., Embassy Suites, 1250 22nd Street NW., Washington, DC 20037 which was published in the                     **Federal Register**                     on May 27, 2009, 74 FR 25261.                 

This meeting will be held on August 3, 2009 from 8:30 a.m. until 5 p.m. The meeting is closed to the public. 

      ( print page 30591)    
Dated: June 18, 2009. 

Jennifer Spaeth, 

Director, Office of Federal Advisory Committee Policy. 

[FR Doc. E9-15055 Filed 6-25-09; 8:45 am] 

BILLING CODE 4140-01-P
[Federal Register Volume 74, Number 125 (Wednesday, July 1, 2009)]
[Notices]
[Page 31452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15404]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Disease, Disability, and Injury Prevention and Control Special 
Emphasis Panel (SEP): Center of Excellence in Public Health 
Informatics, Request for Application (RFA) HK-09-001

    This meeting is for the initial review of applications.
    In accordance with Section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces the aforementioned meeting.

    Time and Date:

7 p.m.-9 p.m., July 22, 2009 (Closed).
8 a.m.-5 p.m., July 23, 2009 (Closed).
8 a.m.-5 p.m., July 23, 2009 (Closed).

    Location: Emory Conference Center, 1615 Clifton Road, Atlanta, 
Georgia, 30329. Phone: (404) 712-6025.
    Status: The meeting will be closed to the public in accordance 
with provisions set forth in Section 552b(c)(4) and (6), Title 5 
U.S.C., and the determination of the Director, Management Analysis 
and Services Office, CDC, pursuant to Public Law 92-463.
    Matters To Be Discussed: The meeting will include the review, 
discussion, and evaluation of applications received in response to 
``Centers of Excellence in Public Health Informatics, RFA HK-09-
001.''
    Contact Person for More Information: Juliana K. Cyril, PhD, 
M.P.H., Associate Director, Office of Public Health Research, Office 
of the Chief Science Officer, Centers for Disease Control and 
Prevention, 1600 Clifton Road, NE., mailstop E-78, Atlanta, GA 
30333, Telephone: 404-639-4639, E-mail: <a href="/cdn-cgi/l/email-protection#3e545d474c57527e5d5a5d10595148"><span class="__cf_email__" data-cfemail="81ebe2f8f3e8edc1e2e5e2afe6eef7">[email protected]</span></a>.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register notices pertaining 
to announcements of meetings and other committee management 
activities, for both CDC and the Agency for Toxic Substances and 
Disease Registry.

    Dated: June 18, 2009.
Elaine L. Baker,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention.
[FR Doc. E9-15404 Filed 6-30-09; 8:45 am]
BILLING CODE 4163-18-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

KATHLEEN CARROZZA,

 Petitioner

 v.

CHILDREN'S HOSPITAL OF

PITTSBURGH OF UNIVERSITY OF

PITTSBURGH MEDICAL CENTER,

 Respondent

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 593 WAL 2014

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 28th day of July, 2015, the Petition for Allowance of Appeal is

DENIED.
#### John W. Moncrief, Appellant, v Maureen Rosenthal et al., Respondents.

[851 NYS2d 892]

The defendants made a prima facie showing of their entitlement to summary judgment dismissing the complaint *(see Appell v Mandel,*296 AD2d 514 [2002]; *Singh v Persaud,*269 AD2d 381, 382 [2000]). In opposition, the plaintiff failed to raise a triable issue of fact. Therefore, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. Lifson, J.P., Ritter, Angiolillo and Garni, JJ., concur.
909 A.2d 723

#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALEXANDRO RAMOS, DEFENDANT-PETITIONER.

October 20, 2006.

ORDERED that the petition for certification is granted, limited solely to the issue of defendant’s five-year sentence for his violation of probation in respect of his third-degree burglary conviction; and it is further

ORDERED that the matter is summarily remanded to the Law Division for resentencing on that conviction in light of *State v. Natale,*184 *N.J.*458, 878 A.2d 724 (2005).
United States Court of Appeals

for the Fifth Circuit ____________

No. 23-10213

____________

United States of America, 

Plaintiff—Appellee,

versus

David Jimenez, 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Northern District of Texas

USDC No. 4:22-CR-278-1

______________________________

Before Richman, Chief Judge, and Oldham and Ramirez, Circuit 

Judges.

Per Curiam:*

David Jimenez pleaded guilty to being a felon in possession of a 

firearm under 18 U.S.C. § 922(g)(1). He now challenges—for the first time 

on appeal—that: (1) § 922(g)(1) violates the Second Amendment, in light of 

New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1, 17 (2022), and 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

April 3, 2024

Lyle W. Cayce

Clerk

Case: 23-10213 Document: 91-1 Page: 1 Date Filed: 04/03/2024
No. 23-10213

2

(2) § 922(g)(1) is unconstitutional because it exceeds Congress’s authority 

under the Commerce Clause. We review both arguments for plain error.

Both arguments are foreclosed by our precedent. See United States v. 

Jones, 88 F.4th 571, 573–74 (5th Cir. 2023) (per curiam) (rejecting Bruen

challenge to § 922(g)(1) on plain error); id. at 573 (rejecting Commerce 

Clause challenge to § 922(g)(1) on plain error). 

AFFIRMED. 

Case: 23-10213 Document: 91-1 Page: 2 Date Filed: 04/03/2024
#### The People of the State of New York, Respondent, v Angel Perez, Appellant.

[822 NYS2d 445]

Judgment, Supreme Court, New York County (James A. Yates, J.), rendered October 8, 2003, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

Defendant’s claim that his sentence to the minimum term authorized by law was unconstitutional is unpreserved *(see People v Bundy,*235 AD2d 334, 338 [1997], *affd*90 NY2d 918 [1997]), *491and we decline to review it in the interest of justice. Were we to review this claim, we would find that the sentence imposed pursuant to defendant’s plea agreement is not “grossly disproportionate to the severity of the crime” *(Rummel v Estelle,*445 US 263, 271 [1980]; *People v Broadie,*37 NY2d 100, 110-111 [1975], *cert denied*423 US 950 [1975]). Concur—Buckley, P.J., Tom, Saxe, Sullivan and McGuire, JJ.
Exhibit 32.2

Exhibit 32.2 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 Annual Report of Calgon Carbon Corporation (the Company) on Form 10-K/A for the period ending December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Leroy M. Ball, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best of my 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 conditions and result of operations of the Company for the periods
presented therein.



|                        |  | 
|----------------------- |  | 
|/s/ Leroy M. Ball       |  | 
|Chief Financial Officer |  | 
|                        | 
|April 24, 2007          |  | 

(A signed original of this written statement required by Section 906, or other document authenticating,
acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Calgon Carbon Corporation and will be retained by Calgon Carbon
Corporation and furnished to the Securities and Exchange Commission or its staff upon request.)



---

This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not,
except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.