alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Claim of Charles D. Card, Appellant. Commissioner of Labor, Respondent.

[853 NYS2d 678]

Carpinello, J.

In July 2002, claimant closed a fundraising business he ran and took up residence with his brother and sister-in-law. While he resided with them, he agreed to be listed as a corporate officer on a business that his sister-in-law started in August 2002, known as Candy’s Farm Market, Inc., which entailed selling flowers, produce and Christmas trees from a farmstand near the house. In September 2002, claimant applied for, and received, unemployment insurance benefits. Ultimately, however, the Unemployment Insurance Appeal Board ruled that he was ineligible to receive benefits because he was not totally unemployed. Moreover, it charged him with a recoverable overpayment and reduced his right to receive future benefits on the basis that he made willful false statements.

On appeal, claimant challenges the Board’s finding that he made willful false statements to obtain benefits. Since substantial evidence supports this finding by the Board, we affirm. At the hearing, claimant testified that he performed unpaid services for his sister-in-law’s business to help her and his brother out while he lived with them. These services included unloading delivery trucks, watering flowers and selling produce. Despite his involvement with his sister-in-law’s business, claimant certified on a weekly basis that he was not employed.

Claimant admitted that he had received the official informa*988tion concerning what constituted employment activities *(see Matter of Armbruster [Commissioner of Labor],*36 AD3d 1037 [2007]). This information states that he was obligated to report any work, even for a relative, and even if done as a favor. The work performed for his sister-in-law’s business certainly fell within this definition. As “[c]laimant had the responsibility to disclose all pertinent facts which might be determinative of his right to receive unemployment insurance benefits” *(Matter of Gross [Hudacs],*195 AD2d 742, 742 [1993]), his failure to do so supports the Board’s finding of willfulness and its imposition of a recoverable overpayment.

Cardona, P.J., Peters, Rose and Malone Jr., JJ., concur. Ordered that the decision is affirmed, without costs.
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)
    
    Designed such internal controls over financial reporting, or caused such internal control
over financial reporting to be designed under our supervision, to provide reasonable assurance
regarding the reliability of financial reporting and the preparation of financial statements
for external purposes in accordance with generally accepted accounting principles;c)
    
    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;
andd)
    
    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 (the registrants
fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial
reporting.
  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; andb)
    
    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: November 15, 2010
    By:
    /s/ David R. AllenDavid R. AllenChief Financial Officer
(Principal Financial Officer)
<PAGE>
                                                                    EXHIBIT 99.1

                            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 Simula, Inc. (the "Company") on Form
10-Q for the period ending September 30, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Bradley P. Forst,
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 the Report fairly presents, in all
         material respects, the financial condition and result of operations of
         the Company.



                              /s/ Bradley P. Forst
                              -----------------------------
                              Bradley P. Forst
                              Chief Executive Officer
                              November 14, 2002

                                       23
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### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JU NE 7, 2013

NO. 03
- 12
- 00540
- CR

Rockelle LaShawn Parker, Appellant

v. The State of Texas, Appellee

APPEAL FROM 27TH DISTRICT COURT OF BELL COUNTY BEFORE JUSTICES PURYEAR, PE MBE RTON AND ROSE MODIFIED AND, AS MODIFIED, AFFIRMED
-- OPINION BY JUSTICE PEMBERTON

THIS CAUSE came on to be heard on the record of the court below, and the same being considered, because it is the opinion of this Court that there was error in the trial court’s judgment, but that such error does not require the judgment be reversed: IT IS THEREFORE considered, adjudged and ordered that the judgment of the trial court is modified to reflect that Rockelle LaShawn Parker pleaded not tr ue to paragraph A of the motion to revoke and true to paragraphs B, C, and D of the motion to revoke . As so modified, the judgment of the trial court is affirmed. It FURTHER appearing to the Court that the appellant is indigent and unable to pay
costs, t hat no adjudication as to costs is made; and that this decision be certified below for observance.
Exhibit 32.2

CERTIFICATION PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of PRIMEDIA Inc. (the "Company") on Form 10-Q for the period ending March 31, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Matthew A. Flynn, Senior Vice President, Chief Financial Officer and Treasurer 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 my knowledge:



|/s/MATTHEW A. FLYNNMatthew A. Flynn
Senior Vice President, Chief Financial Officer and Treasurer |  | 
|------------------------------------------------------------------------------------------------ |  | 
|                                                                                                 |  | 
|May 10, 2005                                                                                     |  | 

This certification accompanies each 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.

A
signed original of this written statement required by Section 906 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.

---



QuickLinks
Exhibit 10.32

SCIELE PHARMA, INC.        DIRECTORS' COMPENSATION FOR 2007 SUMMARY SHEET

|Annual Board Retainer                                           |  | 2007
2008 |  | $$ | 30,000
30,000
|--------------------------------------------------------------- |  | --------- |  | -- | -------------
|Annual Board Chairmanship Retainer                              |  | 2007
2008 |  | $$ | 10,000
15,000
|Nomination/Corporate Governance Committee Chairmanship Retainer |  | 2007
2008 |  | $$ | 15,000
5,000 
|Audit Committee Chairmanship Retainer                           |  | 2007
2008 |  | $$ | 15,000
10,000
|Compensation Committee Chairmanship Retainer                    |  | 2007
2008 |  | $$ | 15,000
7,500 
|Mergers & Acquisition Committee Chairmanship Retainer           |  | 2007
2008 |  | $$ | 15,000
5,000 
|Board and Committee Meeting Fee (In Person Meeting)             |  | 2007
2008 |  | $$ | 2,000
2,000  
|Audit Committee Accounting Expert Retainer                      |  | 2007
2008 |  | $$ | 10,000
10,000

In
2007, in addition to the base compensation, each director who was not a employee was granted 10,000 restricted shares.

---



QuickLinks
Exhibit 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                                   AS ADDED BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Annual Report of DutchFork Bancshares, Inc. (the
"Company") on Form 10-KSB for the period ended September 30, 2003 as filed with
the Securities and Exchange Commission (the "Report"), I, J. Thomas Johnson,
President and Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as added by 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)   To my knowledge, the information contained in the Report
                  fairly presents, in all material respects, the financial
                  condition and results of operations of the Company as of and
                  for the period covered by the Report.

                                           /s/ J. Thomas Johnson
                                           -------------------------------------
                                           J. Thomas Johnson
                                           President and Chief Executive Officer

December 29, 2003
#### Rodney GOODMAN, Petitioner-Appellant, v. Harold W. CLARKE, Director of Virginia Department of Corrections, Respondent-Appellee.

No. 12-7575.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 18, 2012.

Decided: Dec. 28, 2012.

Rodney Goodman, Appellant Pro Se. Richard Carson Vorhis, Senior Assistant Attorney General, Richmond, Virginia, for Appellee.

Before GREGORY, SHEDD, and KEENAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Rodney Goodman seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2006). A certificate of ap-pealability will not issue absent “a substantial showing of the denial of a constitution*310al right.” 28 U.S.C. § 2253(c)(2) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 478, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Goodman has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*DISMISSED.*
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5363 Enrolled Bill (ENR)]

        H.R.5363

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 An Act

 
 To authorize salary adjustments for Justices and judges of the United 
                      States for fiscal year 2005.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORIZATION OF SALARY ADJUSTMENTS FOR FEDERAL JUSTICES AND 
              JUDGES.

    Pursuant to section 140 of Public Law 97-92, Justices and judges of 
the United States are authorized during fiscal year 2005 to receive a 
salary adjustment in accordance with section 461 of title 28, United 
States Code.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
# Employee Benefits Survey Latest Numbers

Latest Numbers for Employee Benefits Survey, U.S. Bureau of Labor Statistics

- Employee Benefits Survey Latest Numbers Civilian Workers, Compensation															           Access to defined contribution retirement plans					63%  in  2023					Historical Data								           Access to defined benefit retirement plans					24%  in  2023					Historical Data								           Access to paid holiday					79%  in  2023					Historical Data								           Access to paid vacation					77%  in  2023					Historical Data								           Access to paid sick leave					80%  in  2023					Historical Data								           Access to paid family leave					27%  in  2023					Historical Data								           Participating in medical care plans					49%  in  2023					Historical Data								           Access to wellness programs					46%  in  2023					Historical Data																		Private industry workers															           Access to defined contribution retirement plans					67%  in  2023					Historical Data								           Access to defined benefit retirement plans					15%  in  2023					Historical Data								           Access to paid holiday					80%  in  2023					Historical Data								           Access to paid vacation					79%  in  2023					Historical Data								           Access to paid sick leave					78%  in  2023					Historical Data								           Access to paid family leave					27%  in  2023					Historical Data								           Participating in medical care plans					46%  in  2023					Historical Data								           Access to wellness programs					43%  in  2023					Historical Data																		State and local government workers															           Access to defined contribution retirement plans					39%  in  2023					Historical Data								           Access to defined benefit retirement plans					86%  in  2023					Historical Data								           Access to paid holiday					67%  in  2023					Historical Data								           Access to paid vacation					60%  in  2023					Historical Data								           Access to paid sick leave					92%  in  2023					Historical Data								           Access to paid family leave					28%  in  2023					Historical Data								           Participating in medical care plans					67%  in  2023					Historical Data								           Access to wellness programs					63%  in  2023					Historical Data
I 

108TH CONGRESS 

2D SESSION H. R. 5346 

To direct the Secretary of Homeland Security to transfer to the Bureau 

of Immigration and Customs Enforcement all functions of the Customs 

Patrol Officers unit of the Bureau of Customs and Border Protection 

operating on the Tohono O’odham Indian reservation (commonly known 

as the ‘‘Shadow Wolves’’ unit), and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2004 

Mr. SOUDER (for himself, Mr. SHADEGG, Mr. SESSIONS, Mr. NETHERCUTT, 

Mr. TOM DAVIS of Virginia, and Mr. MCHUGH) introduced the following 

bill; which was referred to the Committee on Ways and Means 

A BILL 

To direct the Secretary of Homeland Security to transfer 

to the Bureau of Immigration and Customs Enforcement 

all functions of the Customs Patrol Officers unit of the 

Bureau of Customs and Border Protection operating on 

the Tohono O’odham Indian reservation (commonly 

known as the ‘‘Shadow Wolves’’ unit), and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 5346 IH 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Shadow Wolves Border 

3 Defense Act’’. 

4 SEC. 2. TRANSFER OF EXISTING CUSTOMS PATROL OFFI5 CERS UNIT AND ESTABLISHMENT OF NEW 

6 CPO UNITS IN THE BUREAU OF IMMIGRATION 

7 AND CUSTOMS ENFORCEMENT. 

8 (a) TRANSFER OF EXISTING UNIT.—Not later than 

9 180 days after the date of the enactment of this Act, the 

10 Secretary of Homeland Security shall transfer to the Bu11 reau of Immigration and Customs Enforcement all func12 tions (including the personnel, assets, and obligations held 

13 by or available in connection with such functions) of the 

14 Customs Patrol Officers unit of the Bureau of Customs 

15 and Border Protection operating on the Tohono O’odham 

16 Indian reservation (commonly known as the ‘‘Shadow 

17 Wolves’’ unit). 

18 (b) ESTABLISHMENT OF NEW UNITS.—The Sec19 retary is authorized to establish within the Bureau of Im20 migration and Customs Enforcement additional units of 

21 Customs Patrol Officers in accordance with this section. 

22 (c) DUTIES.—The Customs Patrol Officer unit trans23 ferred pursuant to subsection (a) and the additional units 

24 established pursuant to subsection (b) shall enforce the 

25 customs laws of the United States on Indian lands by pre-
3 

•HR 5346 IH 

1 venting the smuggling of narcotics, weapons of mass de2 struction, and other contraband. 

3 (d) BASIC PAY FOR JOURNEYMAN OFFICERS.—The 

4 rate of basic pay for a journeyman Customs Patrol Officer 

5 in a unit described in this section shall be not less than 

6 the rate of basic pay for GS–13 of the General Schedule. 

Æ
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

GREGORY PETTEY

Plaintiff,

v.

LABCORP; JOHN DOE, I through V,

as urine testing entity, ANTOINETTE

JEFFERSON; RICHARD ROE, I

through V, as courier and/or chain of

possession entity,

Defendants.

CIVIL ACTION NO: 11-cv-04130 (RBK)

NOTICE OF APPEARANCE

NOTICE OF APPEARANCE

Please take notice that the following attorney, who is admitted to

practice in this Court, has entered his appearance as counsel in this case for

Defendant Laboratory Corporation of America Holdings, incorrectly identified as

Laboratory Corporation of America.

Sean R. Flanagan

Kelley Drye & Warren LLP

101 Park Avenue

New York, New York 10178

Phone: (212) 808-7800

Fax: (212) 808-7897

Case 1:11-cv-04130-RBK -AMD Document 3 Filed 07/20/11 Page 1 of 3 PageID: 114
2

Dated: Parsippany, New Jersey

July 20, 2011

KELLEY DRYE & WARREN LLP

By: /s/ Sean R. Flanagan

Sean R. Flanagan

200 Kimball Drive

Parsippany, New Jersey 07054

(973) 503-5900

Attorneys for Defendant

Laboratory Corporation of

America Holdings

Case 1:11-cv-04130-RBK -AMD Document 3 Filed 07/20/11 Page 2 of 3 PageID: 115
3

CERTIFICATE OF SERVICE

I hereby certify that on this 20th day of July, 2011, I caused to be served the attached

NOTICE OF APPEARANCE in accordance with the Federal Rules of Civil Procedure, and/or the District

of New Jersey’s Local Rules, upon the following parties:

Stephen P. Chatburn, Esq.

Chatburn & Tighe, P.A.

4501 Church Road

Mt. Laurel, NJ 08054

Dated: July 20, 2011

__/s/ Sean R. Flanagan_______

Sean R. Flanagan

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