alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Amanda C.S., Respondent, v Scott Stearns, Defendant, and Joseph Collea, as Principal of Ilion High School, et al., Appellants.

(Appeal No. 1.)

[853 NYS2d 771]

Memorandum: Plaintiff commenced this action seeking damages allegedly resulting from an inappropriate sexual relation*1228ship with her high school guidance counselor, defendant Scott Stearns. Defendants-appellants (defendants) moved to dismiss the complaint against them pursuant to CPLR 3216, for failure to prosecute. We conclude under the circumstances of this case that Supreme Court did not abuse its discretion in denying defendants’ motion on the condition that plaintiff complete pretrial discovery and file a note of issue and certificate of readiness for trial by a date certain. Even assuming, arguendo, that plaintiff failed to establish a justifiable excuse for any delay and a meritorious cause of action upon failing to comply with defendants’ 90-day demand *(see*CPLR 3216 [e]), we note that “[a] court retains discretion to deny a motion to dismiss pursuant to CPLR 3216 even [under those circumstances]” *(Rust v Turgeon,*295 AD2d 962, 963 [2002]; *see Strathearn v Star Land & Dev. Co., LLC,*28 AD3d 1250 [2006]; *Restaino v Capicotto,*26 AD3d 771 [2006]; *see generally Baczkowski v Collins Constr. Co.,*89 NY2d 499, 503 [1997]). We further note that “ ‘[t]here is no parallel between the circumstances of the instant case and those where CPLR 3216 dismissals have been justified based on patterns of persistent neglect, a history of extensive delay, evidence of an intent to abandon prosecution, and lack of any tenable excuse for such delay’ ” *(Davis v Goodsell,*6 AD3d 382, 384 [2004]). Present—Hurlbutt, J.P., Smith, Centra, Green and Gorski, JJ.
Exhibit 23.1

 

 

 

 

CONSENT OF INDEPENDENT ACCOUNTANTS

 

We hereby consent to the incorporation by reference in the Registration Statement on Forms S-4 (Nos. 333-80621 and 333-76956) and on Forms S-8 (Nos. 333-32320, 333-38321 and 333-20523) of Vail Resorts, Inc. of our report dated November 11, 2003 relating to the financial statements, which appears in this Form 10-K.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3483 Introduced in Senate (IS)]

<DOC>

114th CONGRESS
  2d Session
                                S. 3483

 To amend chapter 8 of title 5, United States Code, to provide for en 
    bloc consideration in resolutions of disapproval for ``midnight 
                    rules'', and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2016

  Mr. Johnson introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend chapter 8 of title 5, United States Code, to provide for en 
    bloc consideration in resolutions of disapproval for ``midnight 
                    rules'', and for other purposes.

    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 ``Midnight Rules Relief Act of 2016''.

SEC. 2. EN BLOC CONSIDERATION OF RESOLUTIONS OF DISAPPROVAL PERTAINING 
              TO ``MIDNIGHT RULES''.

    (a) In General.--Section 801(d) of title 5, United States Code, is 
amended by adding at the end the following:
    ``(4) In applying section 802 to rules described under paragraph 
(1), a joint resolution of disapproval may contain one or more such 
rules if the report under subsection (a)(1)(A) for each such rule was 
submitted during the final year of a President's term.''.
    (b) Text of Resolving Clause.--Section 802(a) of title 5, United 
States Code, is amended--
            (1) by inserting after ``resolving clause of which is'' the 
        following: ``(except as otherwise provided in this 
        subsection)''; and
            (2) by adding at the end the following: ``In the case of a 
        joint resolution under section 801(d)(4), the matter after the 
        resolving clause of such resolution shall be as follows: `That 
        Congress disapproves the following rules: the rule submitted by 
        the __ relating to __; and the rule submitted by the __ 
        relating to __. Such rules shall have no force or effect.' (The 
        blank spaces being appropriately filled in and additional 
        clauses describing additional rules to be included as 
        necessary).''.
                                 <all>
```
###                                       CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
II 

114TH CONGRESS 

1ST SESSION S. 388 

To amend the Animal Welfare Act to require humane treatment of animals 

by Federal Government facilities. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 5, 2015 

Mr. BOOKER (for himself, Mr. BLUMENTHAL, Mr. SCHATZ, and Mr. DURBIN) 

introduced the following bill; which was read twice and referred to the 

Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Animal Welfare Act to require humane 

treatment of animals by Federal Government facilities. 

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 ‘‘Animal Welfare in Ag5 ricultural Research Endeavors Act’’ or the ‘‘AWARE 

6 Act’’. 

7 SEC. 2. ANIMAL WELFARE. 

8 Section 14 of the Animal Welfare Act (7 U.S.C. 

9 2144) is amended— 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•S 388 IS

1 (1) in the first sentence, by striking ‘‘Any’’ and 

2 inserting the following: 

3 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 

4 any Federal research facility or any other’’; 

5 (2) in the second sentence, by striking ‘‘Any’’ 

6 and inserting the following: 

7 ‘‘(2) ANIMAL EXHIBITION.—Any’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(3) EXCLUSIONS NOT APPLICABLE.—For pur10 poses of the application of standards and other re11 quirements described in paragraph (1) to a Federal 

12 research facility or any other department, agency, or 

13 instrumentality of the United States having labora14 tory animal facilities, the exclusions contained in 

15 section 2(g)(3) shall not apply.’’. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS
#### Joyce P., Appellant, v City of Buffalo et al., Respondents.

[852 NYS2d 895]

Memorandum: Supreme Court improvidently exercised its discretion in denying claimant’s application for leave to serve a late notice of claim. Although claimant “ ‘fail[ed] to offer a reasonable excuse for the delay in [serving] a notice of claim, [such delay] is not fatal where, as here, actual notice was had and there is no compelling showing of prejudice to [the respondents]’ ” *(Hale v Webster Cent. School Dist.,*12 AD3d 1052, 1053 [2004]; *see Matter of Gilbert v Eden Cent. School Dist.,*306 AD2d 925, 926 [2003]; *see generally Matter of Henderson v Town of Van Buren,*281 AD2d 872, 873 [2001]). Claimant alleged in support of her application that she was sexually assaulted by respondent Greg O’Shei, a police officer employed by respondent Buffalo Police Department (Police Department), and that the last sexual assault occurred in February 2006. Claimant reported the sexual assaults to the Police Department on August 28, 2006, and respondents made no showing that they were substantially prejudiced by the delay *(see Gilbert,*306 AD2d at 926-927). Present—Martoche, J.P., Lunn, Fahey, Peradotto and Pine. JJ.
**EXHIBIT 31(i) **Rule 13a-14(a)/15d-14(a)  Certification of Mr. William Wrigley, Jr. 
I, William Wrigley, Jr., certify that:
1.
I have reviewed this Annual Report on Form 10-K of Wm. Wrigley Jr. Company;
2.
Based on my knowledge, this Annual Report does not contain any untrue statement or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this Annual Report;
3.
Based on my knowledge, the financial statements, and other financial information included in this Annual Report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this Annual Report;
4.
The Company's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15 and 15d-15) for the Company, and we have:   
(a)
designed such disclosure controls and procedures to ensure that material information relating to the Company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this Annual Report is being prepared; 
(b)
evaluated the effectiveness of the Company's disclosure controls and procedures as of a date within 90 days prior to the filing date of this Annual Report (the "Evaluation Date"); and 
(c)
presented in this Annual Report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date.
5.
The Company's other certifying officer and I have disclosed, based on our most recent evaluation, to the Company's auditors and the audit committee of the Company's Board of Directors (or persons performing the equivalent function): 
(a)
all significant deficiencies in the design or operation of internal controls which could adversely affect the Company's ability to record, process, summarize and report financial data and have identified for the Company's auditors any material weaknesses in internal controls; and 
(b)
fraud, whether or not material, that involves management or other employees who have a significant role in the Company's control; and
6.
The Company's other certifying officer and I have indicated in this Annual Report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.  
Date:  February 9, 2004 
/s/ WILLIAM WRIGLEY, JR.                         
William Wrigley, Jr.****
Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,

J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk June 15, 2012

s0612 

# Order

June 15, 2012

144491

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 144491 COA: 299493 Jackson CC: 08-004955-FH JUSTIN LEE FILE, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the November 29, 2011 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the question presented s hould be reviewed by this Court.

M ARILYN K ELLY , J. ( dissenting ).

I dissent from the Court’s order denyin g defendant’s application for leave to appeal. I would grant the application beca use I believe that defendant has raised a meritorious issue. He argues th at he asserted his right to co unsel when he stated, “I want to talk to a lawyer because I’m not sure, I love [my girlfri end] and I don’t want her in trouble.” At that point, defendant argues th at his interrogation by the police should have stopped. 1

1 Edwards v Arizona , 451 US 477, 482 (1981).
<TABLE> <S> <C>

<ARTICLE>                         5
<LEGEND>                         All amounts in thousands except per share data.
</LEGEND>
<MULTIPLIER>                      1,000

<S>                               <C>
<PERIOD-TYPE>                     YEAR
<FISCAL-YEAR-END>                 JUN-28-2000
<PERIOD-END>                      JUN-28-2000
<CASH>                                          29,576
<SECURITIES>                                         0
<RECEIVABLES>                                  111,247
<ALLOWANCES>                                     3,822
<INVENTORY>                                  1,141,405
<CURRENT-ASSETS>                             1,471,922
<PP&E>                                       1,034,493
<DEPRECIATION>                                 256,671
<TOTAL-ASSETS>                               2,747,093
<CURRENT-LIABILITIES>                        1,421,553
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       140,830
<OTHER-SE>                                     727,005
<TOTAL-LIABILITY-AND-EQUITY>                 2,747,093
<SALES>                                     13,697,547
<TOTAL-REVENUES>                            13,697,547
<CGS>                                       10,057,700
<TOTAL-COSTS>                                4,005,277
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              47,081
<INCOME-PRETAX>                               (302,411)
<INCOME-TAX>                                   (73,516)
<INCOME-CONTINUING>                           (228,895)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (228,895)
<EPS-BASIC>                                      (1.57)
<EPS-DILUTED>                                    (1.57)


</TABLE>
Exhibit 10.1 

Amendment No. 4 to 
Employment
Agreement 

This Amendment No. 4 shall modify the
terms of the Employment Agreement dated June 30, 2005, as amended, (“Agreement”)
between Intelligroup, Inc. (the “Company”) and Vikram Gulati (the “Executive”).
This Amendment No. 4 shall be effective as of July 1, 2008 (the “Amendment
Effective Date”). Except as expressly set forth below all other terms and
conditions in the Agreement remain in full force and effect. 

1. “Section 2. Term of Agreement” of the Agreement is hereby amended by
replacing “thirty-six months” with “four (4) years.” 

2. "Section
4.2. Incentive Compensation Bonus" of the Agreement is hereby amended by
replacing “one hundred percent (100%) of the Base Salary” with “$275,000”.


3. “Section
7.2 Severance” of the Agreement is hereby deleted in entirety and replaced by
the following; “Executive shall be eligible for twenty-four months of severance
(which shall consist of Base Salary plus the incentive compensation as set forth
in Section 4.2) pay following the termination of this Agreement unless the
agreement is terminated for Cause. The payments shall commence upon the day
following termination and continue for a period of twenty-four months in
accordance with the Company's standard payroll practices. The unvested options
at the time of termination shall be cancelled and returned to the Company.”


IN WITNESS WHEREOF, the parties hereto
have executed the Amendment No. 4 as of March 4, 2009.


	/s/ Vikram
      Gulati  		/s/ Alok
      Bajpai  
	 	          	
	Executive – Vikram Gulati 
    		Intelligroup, Inc.  
			 
			 
			Name: Alok
      Bajpai
Title:   CFO, Treasurer and
  Secretary


- 4 -
```

                                                                      Exhibit 32

                           Section 1350 Certification

            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)

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),  each of the
undersigned   officers  of  WHX   Corporation,   a  Delaware   corporation  (the
"Corporation"), does hereby certify that:

The Annual Report on Form 10-K for the fiscal year ended  December 31, 2005 (the
"Form 10-K") of the Corporation  fully complies with the requirements of Section
13(a)  or  15(d)  of the  Securities  Exchange  Act of  1934,  as  amended,  and
information  contained  in the  Form  10-K  fairly  presents,  in  all  material
respects, the financial condition and results of operations of the Corporation.

                                                        /s/ Glen M. Kassan
                                                        ------------------------
                                                        Glen M. Kassan
                                                        Principal Executive Officer

December 19, 2006

                                                        /s/ Robert K. Hynes
                                                        ------------------------
                                                        Robert K. Hynes
                                                        Principal Financial Officer
```
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3516 Placed on Calendar Senate (PCS)]

<DOC>

                                                       Calendar No. 717
114th CONGRESS
  2d Session
                                S. 3516

   To authorize the Secretary of Veterans Affairs to conduct a best-
   practices peer review of each medical center of the Department of 
 Veterans Affairs to evaluate the efficacy of health care delivered at 
                       each such medical center.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2016

Mr. McCain introduced the following bill; which was read the first time

                            December 8, 2016

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
   To authorize the Secretary of Veterans Affairs to conduct a best-
   practices peer review of each medical center of the Department of 
 Veterans Affairs to evaluate the efficacy of health care delivered at 
                       each such medical center.

    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 ``VA Best-Practices Peer Review Act of 
2016''.

SEC. 2. CONDUCT OF BEST-PRACTICES PEER REVIEW OF EACH MEDICAL CENTER OF 
              THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--The Secretary of Veterans Affairs may provide for 
the conduct by a nongovernmental hospital organization of a best-
practices peer review of each medical center of the Department of 
Veterans Affairs to evaluate the efficacy of health care delivered at 
each such medical center.
    (b) Priority.--The Secretary shall give priority for peer review 
conducted under subsection (a) to the medical centers of the Department 
with the longest wait times for an appointment or the worst health 
outcomes, as determined by the Secretary.
                                                       Calendar No. 717

114th CONGRESS

  2d Session

                                S. 3516

_______________________________________________________________________

                                 A BILL

   To authorize the Secretary of Veterans Affairs to conduct a best-
   practices peer review of each medical center of the Department of 
 Veterans Affairs to evaluate the efficacy of health care delivered at 
                       each such medical center.

_______________________________________________________________________

                            December 8, 2016

            Read the second time and placed on the calendar
```
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3440 Introduced in Senate (IS)]

<DOC>

114th CONGRESS
  2d Session
                                S. 3440

To amend the Internal Revenue Code of 1986 to provide uniform standards 
    for the use of electronic signatures for third-party disclosure 
                            authorizations.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2016

Mr. Portman (for himself and Mr. Bennet) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to provide uniform standards 
    for the use of electronic signatures for third-party disclosure 
                            authorizations.

    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 ``Electronic Signature Standards Act 
of 2016''.

SEC. 2. UNIFORM STANDARDS FOR THE USE OF ELECTRONIC SIGNATURES FOR 
              THIRD-PARTY DISCLOSURE AUTHORIZATIONS.

    Paragraph (3) of section 6061(b) of the Internal Revenue Code of 
1986 is amended to read as follows:
            ``(3) Published guidance.--
                    ``(A) In general.--The Secretary shall publish 
                guidance as appropriate to define and implement any 
                waiver of the signature requirements or any method 
                adopted under paragraph (1).
                    ``(B) Electronic signatures for third-party 
                disclosure authorizations.--Not later than 6 months 
                after the date of the enactment of this subparagraph, 
                the Secretary shall publish guidance to establish 
                uniform standards and procedures for the acceptance of 
                signatures in digital or other electronic form for 
                purposes of--
                            ``(i) any request for disclosure of a 
                        taxpayer's return or return information under 
                        section 6103(c), and
                            ``(ii) any power of attorney executed by 
                        the taxpayer.''.
                                 <all>
```
[No. 22830-4-III.

Division Three.

November 8, 2005.]

#### The State of Washington, *Respondent,*v. Joe Taylor, Jr., *Appellant.*

Appeal from a judgment of the Superior Court for Franklin County, No. 03-1-50452-1, Vic L. VanderSchoor, J., entered March 2, 2004. *Reversed*by unpublished opinion per Kato, C.J., concurred in by Schultheis, J., and Thompson, J. Pro Tern.
<PAGE>
                                  EXHIBIT 23







                        Consent of Independent Auditors


The Board of Directors
Willamette Industries, Inc.:

  We consent to incorporation by reference in the Registration Statements No.
33-5847, No. 33-59515 and No. 33-59517 on Form S-8 and No. 33-53263 on Form S-
3 of Willamette Industries, Inc. of our report dated February 8, 1996,
relating to the consolidated balance sheets of Willamette Industries, Inc. and
subsidiaries as of December 31, 1995 and 1994, and the related consolidated
statements of earnings, stockholders' equity and cash flows for each of the
years in the three-year period ended December 31, 1995, which report appears
in the December 31, 1995 annual report on Form 10-K of Willamette Industries,
Inc.  As discussed in the notes to the consolidated financial statements, the
Company changed its method of accounting for income taxes and postretirement
benefits other than pensions in 1993.

                             KPMG PEAT MARWICK LLP

Portland, Oregon
February 29, 1996