alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Appellant, v Ruben Tomay, Respondent.

[853 NYS2d 891]

Contrary to the People’s contentions, the hearing court properly suppressed the pre-recorded “buy” money that was found in the defendant’s pocket after the vehicle he was driving was stopped and detained during a so-called “buy and bust” operation *(see*CPL 140.50 [1], [3]; *People v De Bour,*40 NY2d 210, 223 [1976]; *People v Martin,*32 NY2d 123 [1973]; *People v Berrios,*28 NY2d 361, 367-368 [1971]). Miller, J.P., Covello, Eng and Chambers, JJ., concur.
**Exhibit 23**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-151149, 333-117395, 333-64256, 333-41247, 33-90972, 33-43174) and Form S-3 (No. 333-98041, 333-63890)of WD-40 Company of our report dated October 20, 2011 relating to the financial statements and the effectiveness of internal control over financial reporting, which appears in this Form 10-K. 

/s/ PricewaterhouseCoopers LLP 

San Diego,California 

October 20, 2011
21

Table 8. Employment status of the civilian noninstitutional population 25 to 64 years of age by educational 

attainment and sex, 2010 annual averages 

(Numbers in thousands)

 Civilian labor force 

 Employed Unemployed 

 Total 

 Percent 

of 

population 

 Total 

 Percent 

of labor 

force 

Total

Total, 25 to 64 years................................ 161,176 126,237 78.3 115,718 71.8 10,519 8.3 34,939

 Less than a high school diploma...............17,767 11,187 63.0 9,483 53.4 1,704 15.2 6,581

 High school graduates, no college............. 48,031 36,157 75.3 32,361 67.4 3,796 10.5 11,874

 Some college or associate's degree............44,235 35,259 79.7 32,285 73.0 2,974 8.4 8,976

 College graduates, total...........................51,143 43,634 85.3 41,589 81.3 2,045 4.7 7,509

 Bachelor's degree................................33,605 28,385 84.5 26,858 79.9 1,527 5.4 5,220

 Master's degree................................... 12,907 11,051 85.6 10,620 82.3 431 3.9 1,855

 Professional degree.............................2,428 2,168 89.3 2,118 87.2 49 2.3 261

 Doctoral degree...................................2,203 2,030 92.2 1,992 90.5 38 1.9 172

Women

Total, 25 to 64 years................................ 81,899 58,808 71.8 54,393 66.4 4,416 7.5 23,091

 Less than a high school diploma...............8,261 4,026 48.7 3,418 41.4 608 15.1 4,235

 High school graduates, no college............. 23,052 15,544 67.4 14,123 61.3 1,421 9.1 7,508

 Some college or associate's degree............23,841 17,834 74.8 16,444 69.0 1,390 7.8 6,007

 College graduates, total..........................26,745 21,405 80.0 20,407 76.3 997 4.7 5,340

 Bachelor's degree.................................17,627 13,891 78.8 13,172 74.7 720 5.2 3,735

 Master's degree...................................7,261 5,930 81.7 5,702 78.5 228 3.8 1,332

 Professional degree.............................. 989 815 82.4 787 79.6 28 3.4 174

 Doctoral degree................................... 868 768 88.6 747 86.1 21 2.8 99

Men

Total, 25 to 64 years................................ 79,277 67,429 85.1 61,326 77.4 6,103 9.1 11,848

 Less than a high school diploma...............9,507 7,161 75.3 6,065 63.8 1,096 15.3 2,346

 High school graduates, no college............. 24,979 20,613 82.5 18,238 73.0 2,375 11.5 4,366

 Some college or associate's degree............20,394 17,425 85.4 15,841 77.7 1,584 9.1 2,969

 College graduates, total..........................24,398 22,230 91.1 21,182 86.8 1,048 4.7 2,168

 Bachelor's degree................................15,978 14,494 90.7 13,687 85.7 807 5.6 1,484

 Master's degree...................................5,645 5,122 90.7 4,919 87.1 203 4.0 524

 Professional degree.............................1,439 1,353 94.0 1,331 92.5 21 1.6 87

 Doctoral degree...................................1,335 1,262 94.5 1,245 93.3 17 1.3 73

 SOURCE: Current Population Survey, U.S. Bureau of Labor Statistics

Educational attainment and sex

 Civilian 

noninstitutional 

population 

 Not 

in 

labor 

force 

 Total 

 Percent 

of 

population 

21
<TABLE> <S> <C>

<ARTICLE>                                  5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
CONSOLIDATED BALANCE SHEET AS OF JUNE 30, 1998 AND THE CONSOLIDATED STATEMENT OF
EARNINGS  FOR THE  FISCAL  YEAR  ENDED  JUNE 30,  1998 AND IS  QUALIFIED  IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                 1,000
<CURRENCY>                   U.S. DOLLARS
       
<S>                                        <C>
<PERIOD-TYPE>                              12-MOS
<FISCAL-YEAR-END>                           JUN-30-1998
<PERIOD-START>                              JUL-01-1997
<PERIOD-END>                                JUN-30-1998
<EXCHANGE-RATE>                                       1
<CASH>                                           14,362
<SECURITIES>                                          0
<RECEIVABLES>                                    41,498
<ALLOWANCES>                                          0
<INVENTORY>                                   1,113,297
<CURRENT-ASSETS>                                      0
<PP&E>                                           33,333
<DEPRECIATION>                                        0
<TOTAL-ASSETS>                                1,310,462
<CURRENT-LIABILITIES>                                 0
<BONDS>                                         703,938
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                           0
<COMMON>                                             18
<OTHER-SE>                                      345,749
<TOTAL-LIABILITY-AND-EQUITY>                  1,310,462
<SALES>                                               0
<TOTAL-REVENUES>                              1,177,767
<CGS>                                                 0
<TOTAL-COSTS>                                   944,966
<OTHER-EXPENSES>                                166,343
<LOSS-PROVISION>                                      0
<INTEREST-EXPENSE>                                    0
<INCOME-PRETAX>                                  66,458
<INCOME-TAX>                                     23,925
<INCOME-CONTINUING>                              42,533
<DISCONTINUED>                                        0
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                     42,533
<EPS-PRIMARY>                                      2.39
<EPS-DILUTED>                                      2.30
        

</TABLE>
CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO, P.C.

COUNSELLORS AT LAW

_____________

CHARLES C. CARELLA

BRENDAN T. BYRNE

PETER G. STEWART

ELLIOT M. OLSTEIN

ARTHUR T. VANDERBILT, II

JAN ALAN BRODY

JOHN M. AGNELLO

CHARLES M. CARELLA

JAMES E. CECCHI

JAMES D. CECCHI (1933-1995)

JOHN G. GILFILLAN III (1936-2008)

JAMES T. BYERS

DONALD F. MICELI

A. RICHARD ROSS

KENNETH L. WINTERS

JEFFREY A. COOPER

CARL R. WOODWARD, III

MELISSA E. FLAX

DENNIS F. GLEASON

DAVID G. GILFILLAN

G. GLENNON TROUBLEFIELD

BRIAN H. FENLON

KHOREN BANDAZIAN

LINDSEY H. TAYLOR

5 BECKER FARM ROAD

ROSELAND, N.J. 07068-1739

PHONE (973) 994-1700

FAX (973) 994-1744

www.carellabyrne.com

RICHARD K. MATANLE, II

FRANCIS C. HAND

AVRAM S. EULE

RAYMOND W. FISHER

______

OF COUNSEL

RAYMOND J. LILLIE

WILLIAM SQUIRE

ALAN J. GRANT

RAYMOND E. STAUFFER

STEPHEN R. DANEK

ERIC MAGNELLI

DONALD A. ECKLUND

VINCENZO M. MOGAVERO

AUDRA E. PETROLLE

MEMBER N.Y. BAR ONLY

July 11, 2011

VIA ECF

Honorable Michael A. Shipp

United States Magistrate Judge

United States District Court

Martin Luther King, Jr. Federal Building

50 Walnut Street

Newark, New Jersey 07101

Re: Botton v. Ness Technologies, Inc., et al.

Civil Action 11-3950 (SRC)(MAS)

Dear Judge Shipp:

We represent the Plaintiff, Nissim Botton, in the above referenced matter. In furtherance

of our prior letter request for expedited discovery, we enclose a proposed scheduling order for

expedited discovery and the filing of a preliminary injunction application, and a brief outlining

deficiencies in the preliminary proxy statement which Ness Technologies has filed with the SEC.

At present, we have no information as to when Ness intends to send a final proxy statement to

shareholders to solicit votes on the proposed acquisition. If it is Ness’ intention to solicit

shareholder votes prior to the time that this schedule envisions discovery and a preliminary

injunction application being heard by the Court, the schedule will obviously need to be modified

accordingly.

As with our July 11, 2011 letter, we are providing copies of this letter and the enclosures

to counsel for Defendants. We respectfully request a telephone conference with the Court at

your earliest convenience, and we will advise Defendants’ counsel of the Court’s availability to

discuss these matters.

Case 2:11-cv-03950-SRC -MAS Document 5 Filed 07/15/11 Page 1 of 2 PageID: 41
Honorable Michael A. Shipp

July 15, 2011

Page 2

CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO

A PROFESSIONAL CORPORATION

We appreciate the Court’s attention to this urgent matter and remain available at Your

Honor’s convenience.

Respectfully submitted,

CARELLA, BYRNE, CECCHI,

OLSTEIN, BRODY & AGNELLO, P.C.

/s/ James E. Cecchi

JAMES E. CECCHI

cc: Juan E. Monteverde, Esq.

Scott A. Bursor, Esq.

Thomas Fleming, Esq.

John Donovan, Esq.

Carmine Boccuzzi, Esq.

Case 2:11-cv-03950-SRC -MAS Document 5 Filed 07/15/11 Page 2 of 2 PageID: 42
Exhibit 13.2


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

      I, Dafna Gruber, as Chief Financial Officer of Alvarion Ltd. (the
"Company"), certify, pursuant to 18 U.S.C.ss. 1350, as adopted by Section 906
of the Sarbanes-Oxley Act of 2002, that to my
knowledge:

      (1) the accompanying Annual Report on Form 20-F for the fiscal year ended
December 31, 2003 as filed with the U.S. Securities and Exchange Commission (the
"Report") fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and

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


Dated: June 23, 2004

                                                /s/ Dafna Gruber
                                                ----------------------------
                                                Dafna Gruber
                                                Chief Financial Officer


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.
[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Page 36551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17445]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Taxpayer Advocacy Panel Earned Income Tax 
Credit Issue Committee

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Taxpayer Advocacy Panel Earned Income 
Tax Credit Issue Committee will be conducted. The Taxpayer Advocacy 
Panel is soliciting public comments, ideas and suggestions on improving 
customer service at the Internal Revenue Service.

DATES: The meeting will be Wednesday, August 12, 2009.

FOR FURTHER INFORMATION CONTACT: Audrey Y. Jenkins at 1-888-912-1227 or 
718-488-2085.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Taxpayer Advocacy Panel Earned Income Tax 
Credit Issue Committee will be held Wednesday, August 12, 2009, at 1 
p.m. Eastern Time via telephone conference. The public is invited to 
make oral comments or submit written statements for consideration. Due 
to limited conference lines, notification of intent to participate must 
be made with Audrey Y. Jenkins. For more information please contact Ms. 
Jenkins at 1-888-912-1227 or 718-488-2085, or write TAP Office, 10 
MetroTech Center, 625 Fulton Street, Brooklyn, NY 11201, or contact us 
at the Web site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: July 16, 2009..
Shawn F. Collins,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. E9-17445 Filed 7-22-09; 8:45 am]
BILLING CODE 4830-01-P
IN THE SUPREME COURT OF PENNSYLVANIA 

MIDDLE DISTRICT 

COMMONWEALTH OF PENNSYLVANIA, 

 Respondent 

 v. 

LAWRENCE J. HANDLOVIC, 

 Petitioner 

:

:

:

:

:

:

:

:

:

:

:

No. 928 MAL 2015 

Petition for Allowance of Appeal from 

the Order of the Superior Court 

ORDER 

PER CURIAM 

AND NOW, this 23rd day of March, 2016, the Petition for Allowance of Appeal is 

DENIED.
IN THE COURT OF CRIMINAL AP P EALS OF TEXAS NOS. PD-0601-20; PD-0602-20; PD-0603-20 ROBERTO DELPILAR JASSO, Appellant

V. THE STATE OF TEX AS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIFTH COURT OF APPEALS

DALLAS COUNTY
Per curiam . O P I N I O N Appellant was convicted of three counts of

aggravated robbery and sentenced to 99 y ears i n prison. Af

ter the trial court denied h is m otions f o r n e w t rial, he f

iled am ended
m otions f or new trial. The judge denied those m otions without a he a r i n g . The Court of Appeals af

f irm ed, holding that, once the trial court denied Appellant’s initia l mo tions f orJ A SSO - 2

new trial, Appellant “ could no longer f ile” am e nded m otions. Jas s o v . S t a t e , No. 05-19- 00117-CR, 2 020 Tex. App. LEXIS 4278 (Tex. App.—Dallas June 9 , 2020). T he appellate court relied on R ubio v. State , 596 S.W .3d 410 (Tex. App.—Dallas 2020). Appellant has fi l e d a p e t i t i o n f or discretionary review challenging the court’s analy sis. W e recently reversed the Rubio opinion. Rubio v. State , No. PD-0234-20, 2 022 Tex. Crim
. App. LEXIS 32 (Tex. C rim
. App. January 2 2 , 2 0 2 2 )
. I n our opinion, w e held that “Texas Rule of Appellate P rocedure 2 1.4(b) af f ords the trial cou r t t h e discretion to grant leave of court to allow a def

e ndant to f

ile an am e nded m otion f

or n ew trial prior t o the expiration of the 30-day tim e period provided f or in Rule 21.4(a), a nd that the court m ay do so regardless of whether it has overruled a previous m otion f or new trial.” The C ourt o f Appeals did n ot have the benef it of our opinion in Rubio
. Accordingly , we grant Appellant’s petition f or discretionary review, vacate the judgm e n t of the Court of Appeals, and rem a nd this case to the Court of Appeals in light of

our opinion in Rubio
.

DATE DELIVERED: March 9, 2022 DO NOT PUBLISH
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

MICHAEL ANTHONY LORUSSO,

Appellant,

v.

DONALD J. TRUMP,

Appellee.

No. 4D22-2274

[April 20, 2023]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; James Nutt, Judge; L.T. Case No. 502022CA004117.

Michael Anthony Lorusso, Polk City, pro se.

No appearance for appellee.

PER CURIAM.

Affirmed.

WARNER, GERBER and ARTAU, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
I 

108TH CONGRESS 

2D SESSION H. R. 5344 

To amend the Safe Drinking Water Act to require a national primary drinking 

water regulation for perchlorate. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2004 

Ms. SOLIS (for herself, Mr. STUPAK, Mr. DINGELL, and Mrs. CAPPS) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 

A BILL 

To amend the Safe Drinking Water Act to require a national 

primary drinking water regulation for perchlorate. 

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 ‘‘Safe Drinking Water 

5 for Healthy Communities Act of 2004’’. 

6 SEC. 2. NATIONAL PRIMARY DRINKING WATER REGULA7 TION FOR PERCHLORATE. 

8 Section 1412(b)(12) of the Safe Drinking Water Act 

9 (42 U.S.C. 300g–1(b)(12)) is amended by adding at the 

10 end the following: 
2 

•HR 5344 IH 

1 ‘‘(C) PERCHLORATE.— 

2 ‘‘(i) SCHEDULE AND STANDARD.— 

3 Notwithstanding the deadlines set forth in 

4 paragraph (1), the Administrator shall 

5 promulgate a national primary drinking 

6 water regulation for perchlorate pursuant 

7 to this subsection, in accordance with the 

8 schedule established by this subparagraph. 

9 ‘‘(ii) PROPOSED REGULATIONS.—Not 

10 later than January 31, 2006, the Adminis11 trator shall propose a national primary 

12 drinking water regulation for percholate. 

13 ‘‘(iii) FINAL REGULATIONS.—Not 

14 later than July 31, 2007, after notice and 

15 opportunity for public comment, the Ad16 ministrator shall promulgate a national 

17 primary drinking water regulation for per18 chlorate.’’. 

Æ
##### 



Exhibit 99.5
 THE WESTAIM CORPORATION
 Certification Pursuant to 18 U.S.C. § 1350
(Section 906 of Sarbanes-Oxley Act of 2002)
    /s/ Barry M. Heck
    
    
    /s/   G.A. (Drew) FitchName:
    Barry M. Heck
    
    
    Name:
    G.A. (Drew) FitchTitle:
    President and
Chief Executive Officer
The Westaim Corporation
    
    
    Title:
    Senior Vice President and
Chief Financial Officer
The Westaim Corporation A signed original of this written statement required by Section 906 has been provided to The
Westaim Corporation and will be retained by The Westaim Corporation and furnished to the Securities
and Exchange Commission or its staff upon request.
#### The People of the State of New York, Respondent, v Lushawn Williams, Appellant.

[610 NYS2d 924]

—Judgment unanimously affirmed *(see, People v Saunders,*190 AD2d 1092, 1093, *Iv denied*81 NY2d 1019). (Appeal from Judgment of Supreme Court, Erie County, Kasler, J. — Burglary, 2nd Degree.) Present — Pine, J. P., Lawton, Fallon, Davis and Boehm, JJ.
**Exhibit 12.1****CERTIFICATION**I, James Blake, certify that:1. I have reviewed this annual report on Form 20-F of Kowloon-CantonRailway Corporation; 2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect tothe period covered by this annual report; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flowsof the company as of, and for, the periods presented in this annualreport; 4. The company’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the companyand have: (a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to thecompany, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period inwhich this report is being prepared;  (b) Evaluated the effectiveness of the company’s disclosure controls andprocedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and  (c) Disclosed in this report any change in the company’s internal controlover financial reporting that occurred during the period covered bythe annual report that has materially affected, or is reasonablylikely to materially affect, the company’s internal control overfinancial reporting; and5. The company’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financialreporting, to the company’s auditors and the audit committee of thecompany’s board of directors (or persons performing the equivalentfunction): (a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which arereasonably likely to adversely affect the company’s ability to record,process, summarize and report financial information; and  (b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the company’s internalcontrol over financial reporting.Date: May 31, 2007                                                         /s/ James Blake   Name:  James Blake   Title:  Chief Executive Officer
| Dated: September 7, 2010 |   | /s/ Diana P. Herrmann                                         |   |
|--------------------------|--------|---------------------------------------------------------------|--------|
|                     |   | President and TrusteeChurchill Tax-Free Trust                 |   |
|                     |   |                                                          |   |
|                     |   |                                                          |   |
| Dated: September 7, 2010 |   | /s/ Joseph P. DiMaggio                                        |   |
|                     |   | Chief Financial Officer and TreasurerChurchill Tax-Free Trust |   |
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

1315 CA 11-01355 PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND SCONIERS, JJ.

ROBIN PUTNAM-CORDOVANO, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF ZACHARY P. NYDAHL, DECEASED, PLAINTIFF-RESPONDENT,

V MEMORANDUM AND ORDER

CSX CORPORATION, CSX TRANSPORTATION, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

ANSPACH MEEKS ELLENBERGER LLP, BUFFALO (ROBERT M. ANSPACH OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

CONNORS & VILARDO, LLP, BUFFALO (AMY C. MARTOCHE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered February 1, 2011 in a wrongful death action. The order denied the motion of defendants CSX Corporation and CSX Transportation, Inc. for a change of venue.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: CSX Corporation and CSX Transportation, Inc. (collectively, defendants) contend on appeal that Supreme Court should have granted their motion for a change of venue from Niagara County to Chautauqua County. We reject that contention. “A motion for a change of venue is addressed to the sound discretion of the court and, absent an improvident exercise of discretion, the court’s determination will not be disturbed on appeal” ( County of Onondaga v Home Ins. Cos ., 265 AD2d 896, 896; see 1093 Group, LLC v Canale , 72 AD3d 1561, 1562-1563). In addition, general allegations of inconvenience or difficulty are insufficient to justify a change of venue ( see Mroz v Ace Auto Body & Towing , 307 AD2d 403). Based on the record before us, it cannot be said that the court improvidently exercised its discretion in denying defendants’ motion ( see 1093 Group, LLC , 72 AD3d at 1562-1563; Stratton v Dueppengiesser , 281 AD2d 991; see also CPLR 510 [3]).

Entered: December 30, 2011 Frances E. Cafarell Clerk of the Court