alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[959 NYS2d 794]

#### The People of the State of New York, Respondent, v Master Allah, Appellant.

Supreme Court, Appellate Term, First Department,

December 21, 2012

*39APPEARANCES OF COUNSEL

*Legal Aid Society,*New York City *(Steven Banks*and *Adrienne M. Gantt*of counsel), for appellant. *Cyrus R. Vance, Jr., District Attorney,*New York City *(Yuval Simchi-Levi*of counsel), for respondent.

OPINION OF THE COURT

Per Curiam.

Judgment of conviction, rendered August 25, 2009, reversed, on the law, accusatory instrument dismissed, and fine, if paid, remitted.

The underlying information, charging defendant with violating Rules of City of New York Department of Parks and Recreation (56 RCNY) § 1-04, alleged that defendant, at a specified location at 7:48 p.m. on March 7, 2009, was observed inside a city park “after dusk” in violation of a sign posted at the park entrance stating that the park closed at dusk. These allegations, while arguably sufficient to make out a violation of section 1-03 (a) of the Parks Department Rules, headed “Hours of operation,” which prohibits persons from being in city parks after their posted closing times *(see*56 RCNY 1-03 [c] [2]; *People v Davis,*13 NY3d 17, 21, 31-32 [2009]), were clearly insufficient to establish prima facie defendant’s violation of Parks Department Rules § 1-04, the only violation asserted in the information or relied upon by the People as a basis for affirmance on appeal. Section 1-04 of the Parks Department Rules sets forth a wide array of “Prohibited Uses” of city parks, making it unlawful, for example, to engage in such proscribed conduct as “Destruction or abuse of property and equipment” (subd [a]), “Abuse of park animals” (subd [g]), “Urination and defecation” (subd [k]) and “Unhygienic use of fountains, pools, and water” (subd [r]); however, section 1-04 cannot reasonably be read to criminalize a person’s mere presence in a city park, even if such presence is shown to be violative of a prohibition posted on a park sign, conduct which, as indicated, is forbidden elsewhere in the Parks Department Rules. The People’s present attempt to pigeonhole defendant’s conduct into the type of “Disorderly behavior” proscribed by section 1-04 (1) (1) is unavailing, since defendant was not given fair notice of that theory in the People’s pleading, which contains no allegation tending to indicate that *40defendant acted in a disorderly manner by “entering] or attempting] to enter any [park] facility, area or building sealed, locked or otherwise restricted from public access.”

In view of our disposition of the case on jurisdictional grounds, we have no occasion to address defendant’s remaining point.

Lowe, III, EJ., Shulman and Hunter, Jr., JJ, concur.
COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Overton 

ZENITH HILLIARD 

 MEMORANDUM OPINION*

v. Record No. 0585-98-3 PER CURIAM 

 AUGUST 25, 1998 

TRI TRAVEL NETWORK, INC. AND 

 NATIONWIDE MUTUAL INSURANCE COMPANY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Terry L. Armentrout; Armentrout & 

Armentrout, on brief), for appellant. 

 (John K. Coleman; Slenker, Brandt, Jennings & 

Johnston, on brief), for appellees. 

 Zenith Hilliard ("claimant") contends that the Workers' 

Compensation Commission ("commission") erred in finding that Tri 

Travel Network, Inc. ("employer") proved that claimant was 

released to return to her pre-injury employment as of May 15, 

1996. Upon reviewing the record and the briefs of the parties, 

we conclude that this appeal is without merit. Accordingly, we 

summarily affirm the commission's decision. See Rule 5A:27. 

 On appeal, we view the evidence in the light most favorable 

to the prevailing party below. See R.G. Moore Bldg. Corp. v. 

Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). 

Factual findings made by the commission must be upheld on appeal 

if supported by credible evidence. See James v. Capitol Steel 

Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989). 

 In granting employer's application, the commission found as 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
 -2- 

follows: 

 As to the weight restriction, we AFFIRM 

the Deputy Commissioner's decision. Ms. 

White weighed a box filled with files and 

determined that it weighed only 21 1/2 

pounds. The claimant's testimony that the 

filled box weighed more than 50 pounds was 

based on her guess. The Deputy Commissioner 

properly gave greater weight to Ms. White's 

testimony. 

 * * * * * * * 

 Neither the claimant's regular duties, 

nor the job description approved by Dr. 

[Ritchie] Gillespie require the claimant to 

do her work from a standing position. Dr. 

Gillespie's view of the claimant's ability to 

sit, changed from February to May. While the 

claimant could not sit for more than one hour 

at a time in February, by May it was Dr. 

Gillespie's opinion, as shown by his approval 

of the job description, that the claimant 

could perform a job that required her to sit 

or stand "as needed." A fair reading of the 

job description together with Dr. Gillespie's 

office notes show that he believed the 

claimant could perform her sedentary job so 

long as she could stand whenever necessary. 

The claimant testified that she usually 

performed her job sitting but she was able to 

stand as necessary. 

 Dr. Gillespie's medical records, his approval of the job 

description which he discussed with claimant, and claimant's 

testimony that she could stand as necessary in her pre-injury 

work, constitute credible evidence to support the commission's 

finding that claimant was fully able to return to her pre-injury 

employment. 

 For these reasons, we affirm the commission's decision. 

 Affirmed.
#### In the Matter of Sandra Parker, Petitioner, v Anthony J. Brandveen, et al., Respondents.

[863 NYS2d 732]

Proceeding pursuant to CPLR article 78 in the nature of prohibition, in effect, to prohibit the respondents from enforcing an order of the Supreme Court, Nassau County (Brandveen, J.), dated February 27, 2008, in an action entitled *Quality Ceramic Tile & Marble Co., Ltd. v Cherry Val. Ltd. Partnership,*pending in the Supreme Court, Nassau County, under index No. 21616/93.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

“Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court—in cases where judicial authority is challenged—acts or threatens to act either without jurisdiction or in excess of its authorized powers” *(Matter of Holtzman v Goldman,*71 NY2d 564, 569 [1988]; *see Matter of Rush v Mordue,*68 NY2d 348, 352 [1986]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Spolzino, J.P., Fisher, Carni and Dickerson, JJ., concur.
038-/JT

ELECTRONIC RECORD

COA# 07-13-00422-CR OFFENSE: 22.011

STYLE: Gabriel Luna v.The State of Texas COUNTY: Lubbock

COA DISPOSITION: AFFIRMED TRIAL COURT: 137th District Court

DATE: 12/10/2014 Publish: NO TC CASE #: 2011-432,524

IN THE COURT OF CRIMINAL APPEALS

STYLE: Gabriel Luna v. The State of Texas CCA#: _

k??£LLAAJT^ Petition CCA Disposition:

FOR DISCRETIONARY REVIEW IN CCA IS: DATE:

.fi\afo*Cc/ JUDGE:

038-IS

DATE: i&ny «•<•»• UJUFo SIGNED: PC: _

JUDGE: /°<Z *JOnn J Z.O/S" PUBLISH: DNP:

REHEARING IN CCA IS:

JUDGE:

MOTION FOR

ELECTRONIC RECORD
<PAGE>


                                                                    EXHIBIT 32.2

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

In connection with the Quarterly Report of Dura Automotive Systems, Inc. (the
"Company") on Form 10-Q for the period ending September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
David R. Bovee, Vice President and Chief Financial Officer (Principal Financial
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:

          (2)  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/ David R. Bovee
---------------------------------
David R. Bovee
Vice President and
Chief Financial Officer
(Principal Financial Officer)
November 13, 2003
---

Exhibit 16

Robert L. Sandefur
CHLUMSKY, ARMBRUST & MEYER, LLC200 Union Boulevard, Suite 430
Lakewood, Colorado 80228
Telephone: (303) 716-1617
Fax: (303) 716-3386 CONSENT OF EXPERT February 24, 2011 British Columbia Securities CommissionAlberta Securities CommissionSaskatchewan Financial Services CommissionManitoba Securities CommissionOntario Securities CommissionNew Brunswick Securities CommissionNova Scotia Securities CommissionRegistrar of Securities, Prince Edward IslandSecurities Commission of Newfoundland and LabradorRegistrar of Securities, Northwest TerritoriesRegistrar of Securities, NunavutRegistrar of Securities, YukonUnited States Securities and Exchange Commission
  Re:
     Annual Information Form dated February 24, 2011 (the Annual Information Form) of Minefinders Corporation Inc. (the Company).
  I refer to the report entitled "Technical Report Dolores Gold-Silver Project, Chihuahua State, Mexico" dated July 26, 2007 (the "Report") as referenced in the Annual Information Form and documents incorporated by reference therein. This letter is being filed as my consent to the use of my name and the Report in the Annual Information Form and in documents incorporated by reference therein. I confirm that I have read the Annual Information Form and I have no reason to believe that there are any misrepresentations that are derived from the Report referred to above or that are within my knowledge as a result of the services I performed in connection with such Report. I consent to the filing of this consent with the United States Securities and Exchange Commission as part of the Companys Form 40-F dated February 24, 2011, and any amendment thereto, including post-effective amendments and as part of a post-effective amendment to the Companys Registration Statement on Form F-10 (File No. 333-170839), to incorporate the Companys Form 40-F dated February 24, 2011.


---

- 2 - Yours truly, /s/Robert L. Sandefur Robert L. Sandefur
February 24, 2011


---
<PAGE>

Exhibit 31.1

                                 Certifications
                                 --------------


I, Scott R. Sand, Chief Executive Officer certify that:

1. I have reviewed this annual report on Form 10-KSB of Ingen Technologies, Inc.
(formerly known as Creative Recycling Technologies, Inc.)

2. Based on my knowledge, this annual report does not contain any untrue
statement of a material fact 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
registrant as of, and for, the periods presented in this annual report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

     a) designed such disclosure controls and procedures 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 annual report is being
     prepared;

     b) evaluated the effectiveness of the registrant's disclosure controls and
     procedures as of a date within 90 days prior to the filing date of this
     annual report ("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 registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

     a) all significant deficiencies in the design or operation of internal
     controls which could adversely affect the registrant's ability to record,
     process, summarize and report financial data and have identified for the
     registrant's auditors any material weaknesses in internal controls; and

     b) any fraud, whether or not material, that involves management or other
     employees who have a significant role in the registrant's internal
     controls; and

6. The registrant's other certifying officers and I have indicated in this
annual report whether 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: March 5, 2007

/s/ Scott R. Sand
-----------------
Chief Executive Officer
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2003

     In connection with the Annual Report on Form 10-K of WNC Housing Tax Credit
Fund II,  L.P.  (the  "Partnership")  for the year ended March 31, 2005 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
and pursuant to 18 U.S.C.,  section 1350, as adopted  pursuant to section 906 of
the Sarbanes-Oxley  Act of 2003, I, Wilfred N. Cooper,  Jr., President and Chief
Executive Officer of WNC & Associates, Inc., general partner of the Partnership,
hereby certify that:

     1.   The Report fully  complies with the  requirements  of section 13(a) or
          15(d) of the  Securities  Exchange  Act of 1934,  except to the extent
          that such  provisions  requrie the filing of an opinion of registiered
          public   accountants   to  accompany   the   Partnership's   financial
          statements; and

     2.   The  information  contained  in the  Report  fairly  presents,  in all
          material respects, the financial condition and result of operations of
          the Partnership.



/s/WILFRED N. COOPER, JR.
-------------------------
Wilfred N. Cooper, Jr.
President and Chief Executive Officer of WNC & Associates, Inc.
November 8, 2005
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   12-MOS                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997             DEC-31-1996
<PERIOD-START>                             JAN-01-1997             JAN-01-1996
<PERIOD-END>                               DEC-31-1997             DEC-31-1996
<CASH>                                         705,630              11,395,978
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  500,852                   5,311
<ALLOWANCES>                                         0                       0
<INVENTORY>                                     21,614                  45,515
<CURRENT-ASSETS>                             2,788,612               1,540,134
<PP&E>                                       4,707,976               6,558,516
<DEPRECIATION>                               1,226,811                 846,873
<TOTAL-ASSETS>                               7,428,539               8,859,514
<CURRENT-LIABILITIES>                        2,421,416               2,121,905
<BONDS>                                              0                       0
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<COMMON>                                        58,028                  57,318
<OTHER-SE>                                   3,604,985               5,049,728
<TOTAL-LIABILITY-AND-EQUITY>                 3,663,013               5,107,046
<SALES>                                              0                       0
<TOTAL-REVENUES>                             3,875,295               3,310,163
<CGS>                                        1,051,934                 831,977
<TOTAL-COSTS>                                4,876,748               3,939,302
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                               275,548                       0
<INTEREST-EXPENSE>                             465,357                 246,800
<INCOME-PRETAX>                            (1,454,545)               (860,789)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                               (1,454,545)               (860,789)
<EPS-PRIMARY>                                    (.25)                   (.18)
<EPS-DILUTED>                                        0                       0
        

</TABLE>
March 31, 2008

Minefinders
Corporation Ltd.

United States
Securities and Exchange Commission

Dear Sirs/
Mesdames:

Re: Minefinders
Corporation Ltd.

This letter is
being filed as the consent of Kappes, Cassiday & Associates to being named in Annual
Information Form of Minefinders Corporation Ltd. (the Company)  dated March
25, 2008 and to the inclusion by reference to reports prepared by me (the Reports)
and of extracts from or a summary of the Reports in the written disclosure contained in
any  other documents incorporated by reference therein.

We hereby
confirm that we have read the written disclosure of the Reports and extracts from or a
summary of the Reports contained in the Annual Information Form and have no reason to
believe that there are any misrepresentations in the information contained therein that
(i)  are derived from the Reports, or (ii) are within the knowledge of the undersigned as
a result of the services performed by the undersigned in connection with the Reports.

We hereby
expressly consent to the filing of this consent with the United States Securities and
Exchange Commission as part of the Companys Form 40-F, filed  on March 31, 2008, and
any amendment thereto, and as part of a post-effective amendment to the Companys
Form F-10, to incorporate the Companys Form 40-F, filed March 31, 2008.

Sincerely,



Location: Reno,
NevadaDate: March 31, 2008
**Exhibit** **32.2**

 

**ANTARES PHARMA, INC.**

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

**PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)**

 

The undersigned, Robert F. Apple, the Chief Financial Officer of Antares Pharma, Inc. (the “Company”), has executed this Certification in connection with the filing with the Securities and Exchange Commission of the Company’s Quarterly Report on Form 10-Q for the fiscal quarter ended June 30, 2008 (the “Report”).

 

The undersigned hereby certifies that:

 

|   | 1. | The Report fully complies with the requirements of Section 13(a) 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. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

IN WITNESS WHEREOF, the undersigned has executed this Certification as of the 14th day of August, 2008.

 

|   |   |   |   | /s/ Robert F. Apple                                                |
|--------|--------|--------|--------|--------------------------------------------------------------------|
|   |   |   |   | Robert F. Apple

Senior Vice President and Chief Financial Officer |
|   |   |   |   |                                                               |
I 

111TH CONGRESS 

1ST SESSION H. R. 2614 

To amend title 38, United States Code, to reauthorize the Veterans’ Advisory 

Committee on Education. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2009 

Mrs. KIRKPATRICK of Arizona (for herself, Mr. FILNER, Mr. BOOZMAN, Mr. 

TEAGUE, and Mr. PERRIELLO) introduced the following bill; which was 

referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to reauthorize the 

Veterans’ Advisory Committee on Education. 

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 ‘‘Veterans’ Advisory 

5 Committee on Education Reauthorization Act of 2009’’. 


hsrobinson on PROD1PC76 with BILLS
2 

•HR 2614 IH

1 SEC. 2. REAUTHORIZATION OF VETERANS’ ADVISORY COM2 MITTEE ON EDUCATION. 

3 Section 3692(c) of title 38, United States Code, is 

4 amended by striking ‘‘December 31, 2009’’ and inserting 

5 ‘‘December 31, 2015’’. 

Æ 


hsrobinson on PROD1PC76 with BILLS
# **EXHIBIT 32.2**

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350**

In connection with the September 30, 2006 Form 10-Q ofCornell Companies, Inc. (the “Company”) as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, John R. Nieser, ChiefFinancial Officer, certify pursuant to 18 U.S.C. 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that the Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, and that the information contained in theReport fairly presents, in all material respects the financial condition andresults of operations of the Company.

 
|        |   | /s/ John R. Nieser                      |   |   |
|--------|--------|-----------------------------------------|--------|--------|
|   |   | John R. Nieser, Chief Financial Officer |   |   |
|   |   | November 9, 2006                        |   |   |

 

----