alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ralph R. Canino, Respondent, v Electronic Technologies Company et al., Appellants.

[856 NYS2d 683]

Lahtinen, J.

Plaintiff was injured when he fell from a ladder in March 1998 while working for defendant Electronic Technologies Company at premises owned by defendant International Business Machines Corporation (hereinafter IBM). He commenced an action alleging, among other things, a Labor Law § 240 claim against defendants. After a jury had been selected, the parties stipulated to a settlement of the action on May 16, 2006. The terms of that stipulation, which were placed on the record, included that IBM *“has*agreed to mail the settlement draft [of $500,000] payable to [plaintiff] within 21 days of today’s date postmarked on or about June 6th of 2006” and, if untimely, “[p]laintiff will be entitled to obtain and file a judgement for the amount of this settlement against the defendant IBM.”

The payment was not made in a timely fashion as agreed. *1051IBM had been insured at the time of the accident by Reliance Insurance Company, which went into receivership in 2001. The stipulation required by the Liquidation Bureau of the State Insurance Department provided that “plaintiff understands and accepts that there may be significant delay in payment.” Plaintiff, who was 83 years old when the case settled, refused to sign that stipulation because it was at odds with the terms of the open court settlement. Defendants moved to amend the stipulation of settlement based upon mistake and plaintiff cross-moved for judgment against defendant. Supreme Court denied defendants’ motion and granted plaintiff’s cross motion. Defendants appeal.

Defendants contend that, at the time the parties entered into the settlement, there was a mistaken understanding as to the time necessary for the Liquidation Bureau to process a settlement payment. Stipulations of settlement are favored and parties will not be relieved of the terms of a settlement made in open court absent a showing sufficient to vitiate a contract, such as fraud, collusion, mistake or accident *(see Hallock v State of New York,*64 NY2d 224, 230 [1984]; *Robison v Borelli,*239 AD2d 656, 657 [1997]). While CPLR 5003-a (f) contains a specific exemption from the prompt payment requirements of that statute for settlements subject to Insurance Law article 74, the parties made no reference in their settlement to CPLR 5003-a or the involvement of the Liquidation Bureau. The terms of the settlement are unambiguous and, to the extent there was a mistake, it was a unilateral mistake by defendants, which does not release a party from a settlement stipulation *(see Carney v Carozza,*16 AD3d 867, 868-869 [2005]). The fact that IBM’s insurer is in receivership and the Liquidation Bureau is not obligated to pay within a particular time frame does not relieve IBM from its explicit promise to pay within the agreed upon time.

Defendants’ remaining arguments were not asserted before Supreme Court and, in any event, are without merit.

Mercure, J.P., Spain, Rose and Kane, JJ., concur. Ordered that the order and judgment are affirmed, with costs.
IV 

108TH CONGRESS 

1ST SESSION H. RES. 163

Providing amounts from the applicable accounts of the House of Representatives for continuing expenses of standing and select committees of the 

House from April 1, 2003, through April 11, 2003. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2003

Mr. NEY (for himself and Mr. LARSON of Connecticut) submitted the 

following resolution; which was considered and agreed to 

RESOLUTION

Providing amounts from the applicable accounts of the House 

of Representatives for continuing expenses of standing 

and select committees of the House from April 1, 2003, 

through April 11, 2003.

1 Resolved, That there shall be available from the appli2 cable accounts of the House of Representatives such 

3 amounts as may be necessary for continuing expenses of 

4 standing and select committees of the House for the pe5 riod beginning on April 1, 2003, and ending on April 11, 

6 2003, on the same terms and conditions as amounts were 

7 available to such committees for the period beginning at 

8 noon on January 3, 2003, and ending at midnight on 
2

•HRES 163 ATH 

1 March 31, 2003, pursuant to clause 7 of rule X of the 

2 Rules of the House of Representatives, or, in the case of 

3 the Select Committee on Homeland Security, pursuant to 

4 House Resolution 77 (agreed to February 13, 2003).

Æ
**Exhibit31.1**

** **

**Certification of the ChiefExecutive Officer**

(Pursuant to Rule13a-14(a))

 

I, Brett Moyer, certify that:

 

1.               I have reviewed this Form 10-Q of Focus Enhancements,Inc.;

2.               Based on my knowledge, this report does not containany untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

3.               Based on my knowledge, the financial statements, andother financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report;

4.               The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:

(a) Designed such disclosure controls and procedures,or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;

(b) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

(c) Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and

5.               The registrant’s other certifying officer and I havedisclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors (or persons performing the equivalent functions):

(a) All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

(b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’sinternal control over financial reporting.

 

Date: November 14, 2007

 
|   | /s/  | Brett Moyer       |   |
|--------|-----------|-------------------|--------|
|   |      | Brett Moyer       |   |
|   |      | President and CEO |

 

 

----
H. R. 5394

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 amend the Internal Revenue Code of 1986 to modify the taxation of arrow

components.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. EXCISE TAX ON ARROWS.

(a) REPEAL.—Subsection (b) of section 332 of the American

Jobs Creation Act of 2004, and the amendments made by such

subsection, are hereby repealed; and the Internal Revenue Code

of 1986 shall be applied as if such subsection and amendments

had never been enacted.

(b) TAX ON ARROW SHAFTS.—Paragraph (2) of section 4161(b)

of the Internal Revenue Code of 1986 (relating to arrows) is

amended to read as follows:

‘‘(2) ARROWS.—

‘‘(A) IN GENERAL.—There is hereby imposed on the

first sale by the manufacturer, producer, or importer of

any shaft (whether sold separately or incorporated as part

of a finished or unfinished product) of a type used in

the manufacture of any arrow which after its assembly—

‘‘(i) measures 18 inches overall or more in length,

or

‘‘(ii) measures less than 18 inches overall in length

but is suitable for use with a bow described in paragraph (1)(A),

a tax equal to 39 cents per shaft.

‘‘(B) ADJUSTMENT FOR INFLATION.—

‘‘(i) IN GENERAL.—In the case of any calendar year

beginning after 2005, the 39-cent amount specified in

subparagraph (A) shall be increased by an amount

equal to the product of—

‘‘(I) such amount, multiplied by

‘‘(II) the cost-of-living adjustment determined

under section 1(f)(3) for such calendar year, determined by substituting ‘2004’ for ‘1992’ in subparagraph (B) thereof.

‘‘(ii) ROUNDING.—If any increase determined under

clause (i) is not a multiple of 1 cent, such increase

shall be rounded to the nearest multiple of 1 cent.’’.

(c) ARROW POINTS.—Clause (ii) of section 4161(b)(1)(B) (relating

to archery equipment) of such Code is amended by striking ‘‘quiver

or broadhead’’ and inserting ‘‘quiver, broadhead, or point’’.
H. R. 5394—2

(d) EFFECTIVE DATE.—The amendments made by subsections

(b) and (c) shall apply to articles sold by the manufacturer, producer,

or importer after March 31, 2005.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
**EXHIBIT 31.4**CERTIFICATIONI, David J. Blair, certify that: 1. I have reviewed this Amendment No. 1 to Form 10-K ofWestmoreland Coal Company;  2. Based on my knowledge, this report does not containany untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleadingwith respect to the period covered by this report;  3. Omitted;  4. Omitted;  5. Omitted.        Date: April 30, 2007 /s/ David J. Blair   Name:  David J. Blair   Title:  Chief Financial Officer
I 

108TH CONGRESS 

1ST SESSION H. R. 658

To provide for the protection of investors, increase confidence in the capital 

markets system, and fully implement the Sarbanes-Oxley Act of 2002 

by streamlining the hiring process for certain employment positions in 

the Securities and Exchange Commission. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2003

Mr. BAKER (for himself and Mr. OXLEY) introduced the following bill; which 

was referred to the Committee on Financial Services, and in addition to 

the Committee on Government Reform, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To provide for the protection of investors, increase confidence 

in the capital markets system, and fully implement the 

Sarbanes-Oxley Act of 2002 by streamlining the hiring 

process for certain employment positions in the Securities 

and Exchange Commission.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Accountant, Compli5 ance, and Enforcement Staffing Act of 2003’’. 
2

•HR 658 IH 

1 SEC. 2. EXCEPTED SERVICE OF ACCOUNTANTS, ECONO2 MISTS, AND EXAMINERS. 

3 Section 4(b) of the Securities Exchange Act of 1934 

4 (15 U.S.C. 78d(b)) is amended—

5 (1) by redesignating paragraph (3) as para6 graph (4); and 

7 (2) by inserting after paragraph (2) the fol8 lowing new paragraph: 

9 ‘‘(3) ACCOUNTANTS, ECONOMISTS, AND COMPLI10 ANCE EXAMINERS EXCEPTED FROM COMPETITIVE

11 SERVICE.—All accountant, economist, and securities 

12 compliance examiner positions in the Securities and 

13 Exchange Commission shall be excepted from the 

14 competitive service, as defined in section 2102 of 

15 title 5, United States Code. An employee who is in 

16 the competitive service at the time his or her posi17 tion becomes excepted from the competitive service 

18 under this paragraph shall be considered as con19 tinuing in the competitive service as long as he or 

20 she continues to occupy such position.’’.

Æ
EX-10.48



 Exhibit 10.48 

 
 



 
 Mr. E.L. Steenbergen 
 [home address] 
 27 October 2009 
 Subject  
 Appointment 
 Dear Ewout, 
 I am very pleased to confirm that you have been appointed as Chief Financial
Officer, US Insurance as of 1 January 2010. In this new role you will report to the new Chief Executive Officer Insurance, US Insurance, Robert Leary. 
 Salary  
 Effective 1 January 2010 your gross base annual salary will be increased to
€ 300,000. 
 2010 Short-Term Incentive Target Opportunity  

In recognition of your new role, your 2010 target short-term incentive (STIP) opportunity will be 55% of you new base salary. Therefore, your
target STIP amount will be € 165,000. Actual STIP awards are not guaranteed and are based upon achievement of ING Group, BL/BU and your individual results plus your achievements relative to your 2010 Leadership objectives. 

STI  
 Please be aware that this function
will be part of those under close scrutiny by the EB & SB going forward. As such, both the EB and SB reserve the right to amend the STI award based on changing internal and/or external conditions and/or performance. Additionally, please be
aware that the Group further reserves the right to defer part or all of your potential STI award be it in cash, stock or options. 

  

					
		  		  	









  
 



 
 2010 Long-Term Incentive Target Opportunity  
 In recognition of your new role, your 2010 target long-term incentive (LTIP) opportunity has been determined to be 45% of your new base salary. Therefore you will receive a target LTIP Award
with an estimated value of € 135,000 under the terms and conditions of the ING Group Long-term Equity Ownership (“leo”’) incentive plan. 
 Note under Total Compensation  
 Effective per performance year 2010 all compensation
provisions in the employment contract and the proposed target STI and LTI may be subject to amendment as a result of the agreements made with the State of the Netherlands and the new International Standards. You will be informed as and when such any
amendments become effective. 
 The payments above will be due as long as you are an employee of ING in good standing at that time. 

Further details on compensation and benefits regarding your transfer to Insurance Americas are included in your International Assignment Agreement dated
27 October 2009. 
 I wish you a lot of success in your new position. 
 Yours sincerely, 
 /s/ Robert Leary 
 Robert Leary 
 Chief Executive Officer, U.S. Insurance (Designee) 

  

					
		  	2
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 170 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                         April 9, 2003.
Whereas the U.S.S. Thresher was first launched at Portsmouth Naval Shipyard on 
        July 9, 1960;
Whereas, with a crew of 16 officers, 96 sailors, and 17 civilians, the U.S.S. 
        Thresher departed Portsmouth Naval Shipyard for her final voyage on 
        April 9, 1963;
Whereas the military and civilian mix of the U.S.S. Thresher crew reflects the 
        unity of the naval submarine service in the protection of the United 
        States;
Whereas at approximately 7:47 a.m. on April 10, 1963, while in communication 
        with the surface ship U.S.S. Skylark, and approximately 300 miles off 
        the coast of New England, the U.S.S. Thresher began her final descent;
Whereas, on April 10, 1963, the U.S.S. Thresher was declared lost with all 
        hands;
Whereas the loss of the U.S.S. Thresher gave rise to the SUBSAFE program, which 
        has kept United States' submariners safe at sea as the strongest and 
        safest submarine force in history;
Whereas the loss of the U.S.S. Thresher gave rise to an ocean engineering 
        curricula in institutions of higher education that has enabled and 
        sustained the United States' preeminence in submarine warfare; and
Whereas the crew of the U.S.S. Thresher demonstrated the ``last full measure of 
        devotion'' in service to the United States, and this devotion 
        characterizes the sacrifices of all submariners, past and present: Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) recognizes the 40th anniversary of the sinking of the U.S.S. 
        Thresher;
            (2) remembers with profound sorrow the loss on April 10, 1963, of 
        the U.S.S. Thresher and her gallant crew of sailors and civilians;
            (3) expresses its deepest gratitude to all submariners on ``eternal 
        patrol'', who are forever bound together by their dedicated and 
        honorable service to the United States; and
            (4) requests the Clerk of the House of Representatives to transmit a 
        copy of this resolution to the Chief of Naval Operations and to the 
        Commanding Officer of the Portsmouth Naval Shipyard to be accepted on 
        behalf of the families and shipmates of the crew of the U.S.S. Thresher.
            Attest:

                                                                          Clerk.
```
Exhibit 32.1

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

In  connection  with the Annual Report of uWink,  Inc.  (the  "Company") on Form
10-KSB for the period ended  December 31, 2003 as filed with the  Securities and
Exchange  Commission on the date hereof (the  "Report"),  I, Nolan K.  Bushnell,
Chief  Executive  Officer and Chief Financial  Officer of the Company,  certify,
pursuant  to 18 U.S.C.  ss.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 results of operations of
         the Company.


                                /s/ Nolan K. Bushnell
                                ------------------------------------------------
                                Nolan K. Bushnell
                                Chief Executive Officer, Chief Financial Officer
                                April 14, 2004


                                       1
ENVIROSOURCE, INC.
                              LIST OF SUBSIDIARIES
                               AS OF MARCH 1, 2001

                                               STATE OR OTHER      % OF VOTING
                                                JURISDICTION        SECURITIES
                                                  IN WHICH           OWNED BY
NAME OF COMPANY                                   ORGANIZED        IMMED. PARENT
--------------------------------------------------------------------------------

ENVIROSOURCE, INC.                                 Delaware
  EnviroSource Corp.                               Wyoming              100
  Envirosource Management Corp.                    Delaware             100
  IU International Corporation                     Delaware             100
    Envirosource Technologies, Inc.                Delaware             100
      Conversion Systems, Inc.                     Delaware             100
      Envirosafe Services of North America, Inc.   Delaware             100
      Envirosafe Services of Ohio, Inc.            Ohio                 100
    International Mill Service, Inc.               Pennsylvania         100
      IMS Alabama, Inc.                            Delaware             100
      International Mill Service Limited           Canada               100
      McGraw Construction Company, Inc.            Ohio                 100
    IU North America Finance, Inc.                 Delaware             100
    IU North America, Inc.                         Delaware             100
      Nosroc Corp.                                 Pennsylvania         100
        Soncor Corp.                               Delaware             100
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 809 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 809

                     To prohibit certain abortions.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2003

 Mr. Hoyer (for himself, Mr. Greenwood, Mrs. Tauscher, Mrs. Johnson of 
Connecticut, Mr. Menendez, Mr. Boucher, Mr. Frank of Massachusetts, Mr. 
 Hinchey, Mr. Wynn, Mr. Smith of Washington, Ms. McCarthy of Missouri, 
 Mr. Kolbe, Mr. Kind, Mr. Moore, and Mr. Scott of Virginia) introduced 
 the following bill; which was referred to the Committee on Energy and 
  Commerce, and in addition to the Committee on the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
                     To prohibit certain abortions.

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

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Late Term Abortion Restriction 
Act''.

SEC. 2. PROHIBITION ON CERTAIN ABORTIONS.

    (a) In General.--It shall be unlawful, in or affecting interstate 
or foreign commerce, knowingly to perform an abortion after the fetus 
has become viable.
    (b) Exception.--This section does not prohibit any abortion if, in 
the medical judgment of the attending physician, the abortion is 
necessary to preserve the life of the woman or to avert serious adverse 
health consequences to the woman.
    (c) Civil Penalty.--A physician who violates this section shall be 
subject to a civil penalty not to exceed $10,000. The civil penalty 
provided by this subsection is the exclusive remedy for a violation of 
this section.
                                 <all>
```