alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Josephine Smith et al., Respondents, v South Brookhaven Health Center et al., Defendants, and Suffolk County Department of Social Services, Appellant.

[667 NYS2d 757]

—In an action to recover damages for medical malpractice, etc., the Suffolk County Department of Social Services appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Suffolk County (Leis, J.), dated June 21, 1996, which, *inter alia,*granted the plaintiffs’ motion to vacate a lien in the amount of $27,502.25, imposed pursuant to Social Services Law § 104-b, against the proceeds of a settlement between the plaintiffs and the defendants.

Ordered that the order is modified by deleting therefrom the provision which granted the plaintiffs’ motion to vacate a lien *364in the amount of $27,502.25, imposed pursuant to Social Services Law § 104-b, against the proceeds of a settlement between the plaintiffs and the defendants, and substituting therefor a provision denying the plaintiffs’ motion; as so modified, the order is affirmed, without costs or disbursements.

The Suffolk County Department of Social Services (hereinafter the DSS) contends that it can recover the cost of medical assistance rendered to the infant Robert Smith prior to his 21st birthday from that portion of the settlement allocated to his mother’s cause of action. We will consider this issue even though it is raised for the first time on appeal, because it concerns an issue of law apparent on the face of the record which could not have been avoided by the opposing parties if brought to their attention at the proper juncture (see, *Vilardi v Berley,*201 AD2d 641, 643; *Libeson v Copy Realty Corp.,*167 AD2d 376; *Block v Magee,*146 AD2d 730). We agree with the DSS that because Josephine Smith was responsible for her son’s support until he reached the age of 21 (see, Family Ct Act § 415; Social Services Law § 101), it may recover the cost of medical assistance rendered to Robert from that portion of the settlement allocated to his mother on her cause of action (see, *Sizemore v Heavy Transp.,*199 AD2d 969; *Mendelson v Transport of N. J.,*113 AD2d 202). Mangano, P. J., Copertino, Krausman and McGinity, JJ., concur.
EXHIBIT 32.3

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, David K. Spohr, Vice President and Director of Fund Administration of the Managing Owner, Preferred
Investment Solutions Corp. (the Managing Owner), of Diversified Futures Trust I (the Trust), hereby certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Trusts Annual Report on Form 10-K for the period ended December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Annual
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 Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                  
|--------------------------------------------------
|/s/ David K. Spohr                                
|David K. Spohr                                    
|Vice President and Director of Fund Administration
|March 31, 2006
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-4316-DR; Docket ID FEMA-2017-0001]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of New Hampshire (FEMA-4316-DR), dated June 1, 2017, and related determinations.

# DATES:

The amendment was issued on September 21, 2017.

# FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

# SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, James N. Russo, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

This action terminates the appointment of Albert Lewis as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2017-21629 Filed 10-5-17; 8:45 am]

 BILLING CODE 911-23-P
<PAGE>

                                                                    Exhibit 32.1


                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 on Form 10-Q of Intelligroup,
Inc. (the "Company") for the period ended March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, Nagarjun Valluripalli, Chairman of the Board, President and Chief
Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C.
Section 1350, that:

         (1)      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.

DATE: May 14, 2004                             By: /s/ Nagarjun Valluripalli
                                                  -----------------------------
                                               Nagarjun Valluripalli
                                               Chairman of the Board, President
                                               and Chief Executive Officer

The foregoing certification is being furnished solely to accompany the Report
pursuant to 18 U.S.C. ss.1350 of the Securities Exchange Act of 1934, as
amended, and is not to be incorporated by reference into any filing of the
Company whether made before or after the date hereof, regardless of any general
incorporation language of such filing.
Exhibit








Exhibit 10.1


FIRST AMENDMENT TO THE CO-PROMOTION AGREEMENT
DATED JANUARY 24, 2017


This First Amendment to the Co-Promotion Agreement dated January 24, 2017 is entered into this 19th day of April, 2018 ("First Amendment Effective Date"), between PACIRA PHARMACEUTICALS, INC., a Delaware corporation ("PACIRA"), and DEPUY SYNTHES SALES, INC., a Massachusetts corporation ("DEPUY SYNTHES"), together with PACIRA, the "Parties" and each a "Party".


Any capitalized terms not expressly defined herein shall have the meaning stated in the Agreement (as defined below).


RECITALS


WHEREAS PACIRA and DEPUY SYNTHES entered into the Co-Promotion Agreement dated January 24, 2017 (the "Agreement"); and


WHEREAS, the Parties now wish to engage in a pilot program to determine the viability of co-promotion in bariatric surgical procedures; and


NOW THEREFORE, the Parties wish to amend the Agreement by entering into this First Amendment (The "First Amendment") in accordance with the following.


AGREEMENT


In view of the foregoing, the Parties agree as follows:


1. Amendment of Section 1.13


1.1    For a period of eighteen (18) months following the First Amendment Effective Date, Section 1.13 is deleted in its entirety and replaced with the following:


"Field" shall mean bariatric, orthopaedic (including knee, hip, shoulder, sport and trauma) and spine markets for operating room use.


2. Remainability and Enforceability


2.1    The Parties further agree that, except as modified by this First Amendment, the terms and conditions of the Agreement shall continue in full force and effect.


In witness whereof, the Parties hereto sign this First Amendment in all its pages on the date indicated below.


	
					
	PACIRA PHARMACEUTICALS, INC.
	 
	DEPUY SYNTHES SALES, INC.

	 
	 
	 
	 
	 

	By: /s/ Daina Borteck
	 
	 
	By: /s/ Max Reinhardt
	 

	 
	 
	 
	 
	 

	Name: Daina Borteck
	 
	Name: Max Reinhardt

	Title: Associate General Counsel
	 
	Title: VP, Marketing

	Date: April 19, 2018
	 
	Date: April 13, 2018
---



Exhibit 19

Daniel Kappes

KAPPES, CASSIDAY & ASSOCIATES

7950 Security Circle

Reno, Nevada  89506

Telephone: (775) 972-7575

Fax: (775) 972-4567



CONSENT OF EXPERT

March 10, 2009

British Columbia Securities Commission

Alberta Securities Commission

Saskatchewan Financial Services Commission

Manitoba Securities Commission

Ontario Securities Commission

New Brunswick Securities Commission

Nova Scotia Securities Commission

Registrar of Securities, Prince Edward Island

Securities Commission of Newfoundland and Labrador

Registrar of Securities, Northwest Territories

Registrar of Securities, Nunavut

Registrar of Securities, Yukon

United States Securities and Exchange Commission



Re:

Annual Information Form dated March 10, 2009 (the Annual Information Form) of Minefinders Corporation Inc. (the Company).



I refer to our report entitled "Technical Report For the Dolores Heap Leach Project In Mexico" dated April 11, 2006 (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 March 10, 2009, and any amendment thereto, including post-effective amendments and as part of a post-effective amendment to the Company's Form F-10, to incorporate the Company's Form 40-F dated March 10, 2009.





---

- 2 -



[Signature page follows]





|                                                | 
|----------------------------------------------- | 
|Yours truly,
/s/ Daniel W. KappesDaniel  Kappes | 





---
---

Exhibit 17

KAPPES, CASSIDAY & ASSOCIATES
7950 Security Circle
Reno, Nevada 89506
Telephone: (775) 972-7575
Fax: (775) 972-4567 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).
  We refer to our report entitled "Technical Report For the Dolores Heap Leach Project In Mexico" dated April 11, 2006 (the "Report") as referenced in the Annual Information Form and documents incorporated by reference therein. We hereby consent to the use of our firm name and our Report in the Annual Information Form and in documents incorporated by reference therein. We confirm that we have read the Annual Information Form and we have no reason to believe that there are any misrepresentations that are derived from our Report referred to above or that are within our knowledge as a result of the services we performed in connection with such Report. We 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, KAPPES, CASSIDAY & ASSOCIATES Per: /s/ Daniel Kappes Name: Daniel Kappes
Position: President
February 24, 2011


---
#### Selim Vukovic, Respondent, v Dorothy A. Wilson, Appellant.

[666 NYS2d 115]

—Order of the Appellate Term of the Supreme Court, First Department (Parness, J. P., and Davis, J.; Freedman, J., dissenting), entered March 31, 1997, which reversed an order of the Civil Court, New York County (Judith Gische, J.), entered on or about February 26, 1996, granting respondent’s motion for summary judgment dismissing a holdover proceeding, unanimously reversed, on the law, without costs, and the motion granted.

*2The allegation in the petition, that the tenant or her subtenants plugged extension cords into electrical sockets, causing a fire on September 25, 1994, is insufficient to state a cause of action for nuisance and/or malicious or grossly negligent conduct under 9 NYCRR 2524.3 (b). Concur—Murphy, P. J., Nardelli, Williams and Colabella, JJ.
**Exhibit 11****Calculationof Net Income (Loss) per Share**
                                                  **2004****2005****Three Months Ended****Nine Months Ended****Three Months Ended****Nine Months Ended****September 30,****September 30,****September 30,****September 30,****Net****Per Share****Net****Per Share****Net****Per Share****Net****Per Share****Income****Shares****Amount****Income****Shares****Amount****Income****Shares****Amount****Loss****Shares****Amount****(Inthousands, except per share data)****(Inthousands, except per share data)****(Inthousands, except per share data)**Basic EPS                                         Net income (loss) available to common shareholders     $639   24,411  $(0.03) $399   24,392  $(0.02) $1,226   24,424  $0.05   $(10,636)  24,496  $(0.43)                                           Effect of Dilutive Securities                                         Stock option plans          577           978           154            —                                                    Dilutive EPS                                         Net income (loss) available to common    shareholders and assumed conversions     $639   24,988  $(0.03) $399   25,370  $(0.02) $1,226   24,578  $0.05   $(10,636)  24,496  $(0.43)                                      
     NOTE: Options to    purchase 3.3 million and 2.3 million shares of Class A Common Stock were outstanding during the    three and nine months ended September 30, 2004,respectively, but    were not included in the computation of diluted earnings per    share because the effect would have been anti-dilutive. Options    to purchase 2.4 million and 3.2 million shares of    Class A Common Stock were outstanding during the three andnine months ended September 30, 2005, respectively, but were not    included in the computation of diluted earnings per share    because the effect would have been anti-dilutive.
Order entered September 18, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-00925-CV

HMS HOLDINGS CORP., HEALTH MANAGEMENT SYSTEMS, INC., AND HMS

BUSINESS SERVICES, INC., Appellants/Cross-Appellees

V.

PUBLIC CONSULTING GROUP, INC., JAMES GAMBINO, AND JASON RAMOS,

Appellees/Cross-Appellants

On Appeal from the 44th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-14-09047

ORDER

We GRANT James Gambino and Jason Ramos’s September 15, 2015 motion for 

extension of time to file cross-appellants’ brief and ORDER their brief be filed no later than 

September 22, 2015. We further GRANT Public Consulting Group, Inc.’s September 15, 2015 

amended partially unopposed motion to extend deadlines and ORDER Public Consulting to file 

a combined appellee and cross-appellant’s brief no later than September 28, 2015.

/s/ CRAIG STODDART 

JUSTICE
<PAGE>
EXHIBIT 10.50


                            INGEN TECHNOLOGIES, INC.
                            35193 AVENUE "A", SUITE-C
                                YUCAIPA, CA 92399

August 29, 2008

AJW Partners, LLC
New Millennium Capital Partners II, LLC
AJW Master Fund, Ltd.
AJW Offshore, Ltd.
AJW Qualified Partners, LLC
1044 Northern Boulevard
Suite 302
Roslyn, New York 11576

Re:      INGEN TECHNOLOGIES, INC., (the "Company") -
         AMENDMENT OF NOTES

Ladies and Gentlemen:

      This letter sets for the agreement of the parties hereto to amend the
Applicable Percentage and the Interest Rate (as defined in the Notes) of all the
Notes, which are convertible into shares of the Company's common stock, no par
value per share (the "COMMON STOCK"), ever issued by the Company to the
investors listed in the signature pages hereto (collectively, the
"INVESTORS")(the "Notes").

      By execution hereof, for good and valuable consideration the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree that:

      1.    The applicable Percentage (as defined in each of the Notes) shall be
            40%.

      2.    The Interest Rate (as defined in each of the Notes), effective as of
            January 1, 2008, shall be 12%.

      3.    The notes are hereby amended in accordance with the foregoing
            provision. All other provisions of the Notes, as amended from time
            to time, shall remain in full force and effect.

      The parties shall do and perform, or cause to be done and performed, all
such further acts and things, and shall execute and deliver all such other
agreements, certificates, instruments and documents, as the other parties hereto
may reasonably request in order to carry out the intent an accomplish the
purposes of this letter agreement, including without limitation the issuance of
amended Notes.


<PAGE>



      Please signify your agreement with the foregoing by signing a copy of this
letter where indicated and returning it to the undersigned.

                                             Sincerely,

                                             INGEN TECHNOLOGIES, INC.

                                             /S/ SCOTT R. SAND
                                             ----------------------------------
                                             Scott R. Sand
                                             Chief Executive Officer

ACCEPTED AND AGREED:

AJW PARTNERS, LLC
By: SMS GROUP, LLC

/S/ COREY S. RIBOTSKY
------------------------------------
Corey S. Ribotsky, Manager


NEW MILLENNIUM CAPITAL PARTNERS II, LLC
By: FIRST STREET MANAGER II, LLC

/S/ COREY S. RIBOTSKY
------------------------------------
Corey S. Ribotsky, Manager


AJW MASTER FUND, LTD.
By: FIRST STREET MANAGER II, LLC

/S/ COREY S. RIBOTSKY
------------------------------------
Corey S. Ribotsky, Manager


AJW OFFSHORE, LTD.
By: FIRST STREET MANAGER II, LLC

/S/ COREY S. RIBOTSKY
------------------------------------
Corey S. Ribotsky, Manager


AJW QUALIFIED PARTNERS, LLC
By: AJW MANAGER, LLC

/S/ COREY S. RIBOTSKY
------------------------------------
Corey S. Ribotsky, Manager
I 

111TH CONGRESS 

1ST SESSION H. R. 2750 

To restore the economic rights of automobile dealers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2009 

Mr. LATOURETTE (for himself, Mr. KUCINICH, Mr. MCCOTTER, Mr. NUNES, 

Mr. YOUNG of Alaska, Mr. MCKEON, Mr. TIBERI, Mr. YOUNG of Florida, 

Mr. TURNER, Mr. WHITFIELD, Mr. MCHENRY, and Mr. SIMPSON) introduced the following bill; which was referred to the Committee on Financial Services 

A BILL 

To restore the economic rights of automobile dealers, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Automobile Dealer 

5 Economic Rights Restoration Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


tjames on PRODPC75 with BILLS
2 

•HR 2750 IH

1 (1) Automobile dealers are an asset to auto2 mobile manufacturers that make it possible to pene3 trate communities and sell automobiles nationally. 

4 (2) The manufacturers obtain the benefits from 

5 having a national dealer network at no material cost 

6 to the manufacturers. 

7 (3) Historically, automobile dealers have had 

8 franchise agreement protections under State law. 

9 SEC. 3. RESTORATION OF ECONOMIC RIGHTS. 

10 (a) PRESERVATION OF RIGHTS.—In order to protect 

11 assets of the Federal Government, and better assure the 

12 viability of automobile manufacturers in which the Federal 

13 Government has an ownership interest, no automobile 

14 manufacturer in which the Federal Government has an 

15 ownership interest may deprive an automobile dealer of 

16 its economic rights as they existed prior to the commence17 ment of a bankruptcy case by the manufacturer, including 

18 its rights to recourse under State law. 

19 (b) RESTORATION OF FRANCHISE AGREEMENTS.—In 

20 order to preserve economic rights pursuant to subsection 

21 (a), automobile manufacturers covered under this Act 

22 shall restore the franchise agreements with automobile 

23 dealers that were in effect prior to the commencement of 

24 a bankruptcy case by those manufacturers. 

Æ 


tjames on PRODPC75 with BILLS