alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Sharon Smith-Lerner et al., Respondents, v Art Students League of New York, Appellant.

[988 NYS2d 224]

In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Saitta, J.), dated June 25, 2013, as denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

*866The plaintiff Sharon Smith-Lerner allegedly sustained injuries while working as a model in an art class offered by the defendant. Prior to commencing the instant action, Smith-Lerner, represented by counsel, commenced a proceeding before the Workers’ Compensation Board relating to that accident, seeking Workers’ Compensation benefits. Smith-Lerner and the State Insurance Fund, as the insurance carrier for the defendant, entered into a settlement agreement pursuant to Workers’ Compensation Law § 32.

“Workers’ Compensation Law §§ 11 and 29 (6) provide that an employee who elects to receive compensation benefits may not sue his or her employer in an action at law for the injuries sustained” *(D’Alessandro v Aviation Constructors, Inc.,*83 AD3d 769, 770 [2011]). A defendant moving for summary judgment based on the exclusivity defense of the Workers’ Compensation Law must demonstrate, prima facie, the applicability of the exclusivity provisions of the Workers’ Compensation Law (see *Zuckerman v City of New York,*49 NY2d 557 [1980]; *George v IBC Sales Corp.,*76 AD3d 950 [2010]). Workers’ Compensation Law § 32 provides, in relevant part, that once a claim has been filed, the claimant, the employer and its carrier may enter into “an agreement settling upon and determining the compensation and other benefits due to the claimant” (Workers’ Compensation Law § 32 [a]). However, that statute also provides that the “agreement shall not bind the parties to it, unless it is approved by the board” (Workers’ Compensation Law § 32 [a]). While a plaintiff cannot receive both the benefits of Workers’ Compensation and damages in an action at law *(see Matter of Martin v C. A. Prods. Co.,*8 NY2d 226, 230-231 [1960]), here, the defendant failed to establish that a settlement agreement reached by the parties was approved by the Workers’ Compensation Board. Since the defendant failed to meet its prima facie burden, this Court need not consider the sufficiency of the papers submitted in opposition *(see Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851, 853 [1985]; *D'Alessandro v Aviation Constructors, Inc.,*83 AD3d at 770). Accordingly, the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint.

The parties’ remaining contentions need not be addressed in light of our determination.

Mastro, J.E, Lott, Sgroi and Cohen, JJ., concur.
**Exhibit 99**

 

Computation of Ratio ofEarnings to Combined Fixed Charges and Preferred Share Dividends:

 
|                                                                           |   | **Year Ended  December 31,** |       |
|--------------------------------------------------------------------------------|--------|------------------------------|------------|
|                                                                           |   | **2003**                     |       | **2002** |   | **2001** |   | **2000** |   | **1999** |   | **1998** |   |
| **Earnings:**                                                                  |   |                         |       |   |   |   |   |   |   |   |   |   |   |
| Net (loss)/income                                                              |   | $                            | (1,980,420 | ) | $ | (157,274 | ) | $ | 1,488,493 |   | $ | 2,676,724 |   | $ | 968,748 |   | $ | (317,406 | ) |
| Add: interest expense                                                          |   | 7,867,534                    |       | 4,144,231 |   | 3,181,697 |   | 2,167,869 |   | 1,696,222 |   | 1,357,565 |   |
| Earnings as adjusted                                                           |   | $                            | 5,887,114  |   | $ | 3,986,957 |   | $ | 4,670,190 |   | $ | 4,844,593 |   | $ | 2,664,970 |   | $ | 1,040,159 |   |
|                                                                           |   |                         |       |   |   |   |   |   |   |   |   |   |   |
| **Combined Fixed Charges and Preferred Share  Dividends:**                     |   |                         |       |   |   |   |   |   |   |   |   |   |   |
| Interest expense                                                               |   | $                            | 7,867,534  |   | $ | 4,144,231 |   | $ | 3,181,697 |   | $ | 2,167,869 |   | $ | 1,696,222 |   | $ | 1,357,565 |   |
| Preferred share dividends                                                      |   | —                       |       | — |   | — |   | — |   | — |   | — |   |
| Total                                                                          |   | $                            | 7,867,534  |   | $ | 4,144,231 |   | $ | 3,181,697 |   | $ | 2,167,869 |   | $ | 1,696,222 |   | $ | 1,357,565 |   |
|                                                                           |   |                         |       |   |   |   |   |   |   |   |   |   |   |
| **Ratio of Earnings to Combined Fixed Charges  and Preferred Share Dividends** |   | 0.75                         |       | 0.96 |   | 1.47 |   | 2.23 |   | 1.57 |   | 0.77 |   |

 

----
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                      24,799,694
<INT-BEARING-DEPOSITS>                      64,460,238
<FED-FUNDS-SOLD>                            19,582,136
<TRADING-ASSETS>                           158,106,675
<INVESTMENTS-HELD-FOR-SALE>                 72,885,062
<INVESTMENTS-CARRYING>                      47,262,611
<INVESTMENTS-MARKET>                        46,289,282
<LOANS>                                    627,816,454
<ALLOWANCE>                                (5,309,778)
<TOTAL-ASSETS>                           1,052,035,672
<DEPOSITS>                                 595,573,971
<SHORT-TERM>                               332,289,949
<LIABILITIES-OTHER>                         19,786,727
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        75,573
<OTHER-SE>                                 104,309,452
<TOTAL-LIABILITIES-AND-EQUITY>           1,052,035,672
<INTEREST-LOAN>                             46,581,093
<INTEREST-INVEST>                            7,223,311
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                            53,804,404
<INTEREST-DEPOSIT>                          20,053,430
<INTEREST-EXPENSE>                          32,589,033
<INTEREST-INCOME-NET>                       21,215,371
<LOAN-LOSSES>                                2,841,525
<SECURITIES-GAINS>                             254,808
<EXPENSE-OTHER>                             25,385,181
<INCOME-PRETAX>                             13,613,188
<INCOME-PRE-EXTRAORDINARY>                   8,561,679
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 8,561,679
<EPS-PRIMARY>                                     1.55
<EPS-DILUTED>                                     1.55
<YIELD-ACTUAL>                                   8.370
<LOANS-NON>                                 20,369,185
<LOANS-PAST>                                   252,022
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                             20,621,207
<ALLOWANCE-OPEN>                             3,510,051
<CHARGE-OFFS>                                1,187,633
<RECOVERIES>                                   145,635
<ALLOWANCE-CLOSE>                            5,309,778
<ALLOWANCE-DOMESTIC>                         5,309,778
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
<PAGE>   1
 
                                                                    EXHIBIT 11.3
 
                           EDUCATIONAL MEDICAL, INC.
 
          COMPUTATION OF HISTORICAL SUPPLEMENTAL NET INCOME PER SHARE
 
<TABLE>
<CAPTION>
                                                                      THREE MONTHS     SIX MONTHS
                                                                          ENDED           ENDED
                                                                      SEPTEMBER 30,   SEPTEMBER 30,
                                                                          1996            1996
                                                                      -------------   -------------
<S>                                                                   <C>             <C>
Primary and fully diluted:
  Weighted average common stock and common stock equivalents
     outstanding during the period..................................     5,154,557       5,154,557
  Effect of common stock equivalents issued subsequent to August 7,
     1995 computed in accordance with the treasury stock method as
     required by the SEC(1).........................................       112,000         112,000
                                                                        ----------      ----------
                                                                         5,266,557       5,266,557
                                                                        ==========      ==========
Net Income..........................................................   $   313,231     $   378,742
Plus: Reduction in interest expense from repayment of long-term
  notes payable, net of income taxes(2).............................       124,630         249,260
                                                                        ----------      ----------
Net income..........................................................   $   437,861     $   628,002
                                                                        ==========      ==========
Net income per share of common stock................................   $       .08     $       .12
                                                                        ==========      ==========
</TABLE>
 
---------------
 
(1) Pursuant to Securities and Exchange Commission Staff Accounting Bulletin No.
     83, Common Stock equivalents issued at prices below the initial public
     offering price per share of $10 ("cheap stock") during the twelve month
     period immediately preceding the initial filing date of the Company's
     Registration Statement for its public offering have been included as
     outstanding for all periods presented prior to the initial public offering.
(2) Historical supplemental net income per share reflects the number of shares
     of common stock issue upon consummation of the initial public offering used
     to repay $4.8 million in current and long-term debt as if the issuance had
     occurred at the beginning of the period (or date of issuance of notes
     payable, if later) and the related reduction in interest expense.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          85,820
<SECURITIES>                                         0
<RECEIVABLES>                                  412,999
<ALLOWANCES>                                    26,110
<INVENTORY>                                    303,350
<CURRENT-ASSETS>                                     0
<PP&E>                                          68,939
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               1,040,798
<CURRENT-LIABILITIES>                                0
<BONDS>                                        478,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           359
<OTHER-SE>                                     239,719
<TOTAL-LIABILITY-AND-EQUITY>                 1,040,798
<SALES>                                        260,834
<TOTAL-REVENUES>                               323,052
<CGS>                                           61,928
<TOTAL-COSTS>                                  179,777
<OTHER-EXPENSES>                                48,403
<LOSS-PROVISION>                                 9,412
<INTEREST-EXPENSE>                              33,933
<INCOME-PRETAX>                                 51,527
<INCOME-TAX>                                    20,095
<INCOME-CONTINUING>                             31,432
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    129
<CHANGES>                                            0
<NET-INCOME>                                    31,303
<EPS-PRIMARY>                                     0.87
<EPS-DILUTED>                                     0.84
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                                                                  5
<MULTIPLIER>                                                               1
<PERIOD-TYPE>                                                          3-MOS
<FISCAL-YEAR-END>                                                DEC-31-1999
<PERIOD-END>                                                     MAR-31-1999
<CASH>                                                            24,107,999
<SECURITIES>                                                               0
<RECEIVABLES>                                                        763,356
<ALLOWANCES>                                                          65,859
<INVENTORY>                                                           37,385
<CURRENT-ASSETS>                                                  25,561,741
<PP&E>                                                            66,615,964
<DEPRECIATION>                                                    11,619,378
<TOTAL-ASSETS>                                                   129,887,096
<CURRENT-LIABILITIES>                                             16,004,725
<BONDS>                                                          105,000,000
<COMMON>                                                                   0
<PREFERRED-MANDATORY>                                                      0
<PREFERRED>                                                                0
<OTHER-SE>                                                       (2,526,823)
<TOTAL-LIABILITY-AND-EQUITY>                                     129,887,096
<SALES>                                                           29,573,376
<TOTAL-REVENUES>                                                  29,573,376
<CGS>                                                                      0
<TOTAL-COSTS>                                                     24,515,614
<OTHER-EXPENSES>                                                     804,014
<LOSS-PROVISION>                                                           0
<INTEREST-EXPENSE>                                                 3,782,747
<INCOME-PRETAX>                                                      471,001
<INCOME-TAX>                                                               0
<INCOME-CONTINUING>                                                  471,001
<DISCONTINUED>                                                             0
<EXTRAORDINARY>                                                            0
<CHANGES>                                                                  0
<NET-INCOME>                                                         471,001
<EPS-PRIMARY>                                                              0
<EPS-DILUTED>                                                              0


</TABLE>
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
  1)
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)), 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.
 /s/ Joseph A. GarcíaName:
    
    Joseph A. GarcíaTitle:
    
    Chief Financial Officer, Chief Administrative Officer, 
Senior
Executive Vice President and Secretary
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 Health and Human Services

###### Indian Health Service

# AGENCY:

Indian Health Service, HHS.

# ACTION:

Notice; extension of due dates.

# SUMMARY:

                        The Indian Health Service published a notice in the                         **Federal Register**                         (FR) on August 14, 2017, for the Fiscal Year 2017 Behavioral Health Integration Initiative (BH2I), Funding Announcement Number: HHS-2017-IHS-BH2I-0001. Several Key Dates have been modified.                    

# FOR FURTHER INFORMATION CONTACT:

Paul Gettys, Grant Systems Coordinator, 5600 Fishers Lane, Mail Stop: 09E70, Rockville, MD 20857, Phone: (301) 443-2114; or the Division of Grants Management (301) 443-5204, or Fax: (301) 594-0899.

## Correction

In the FR notice of August 14, 2017, (FR 2017-17103), the corrections are made:

                        On page 37870, in the first column, under the heading                         *Key Dates,*                         the correction for                         *Application Deadline Date, Review Date, Earliest Anticipated Start Date, Signed Tribal Resolutions Due Date, and Proof of Non-Profit Status Due Date*                         should read as:                    
      -  Application Deadline Date:                          September 18, 2017.                    
      -  Review Date:                          September 19, 2017.                    
      -  Earliest Anticipated Start Date:                          September 30, 2017.                    
      -  Signed Tribal Resolutions Due Date:                          September 18, 2017.                    
      -  Proof of Non-Profit Status Due Date:                          September 18, 2017.                    

Dated: September 29, 2017.

 Michael D. Weahkee,

 RADM, Assistant Surgeon General, U.S. Public Health Service, Acting Director, Indian Health Service.

[FR Doc. 2017-21796 Filed 10-10-17; 8:45 am]

 BILLING CODE 4165-16-P
##### 



EXHIBIT 32

CERTIFICATION UNDER SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the
undersigned certifies that this periodic report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that information contained in this periodic report fairly presents, in all
material respects, the financial condition and results of operations of Wilsons
The Leather Experts Inc.

|                         |  |                                                                                                                                                
|------------------------ |  | -----------------------------------------------------------------------------------------------------------------------------------------------
|Date: September 11, 2003 |  | /s/ Joel N. WallerJoel N. Waller, Chairman
and Chief Executive Officer
(principal executive officer)                                           
|                        
|                        
|Date: September 11, 2003 |  | /s/ Peter G. MichieluttiPeter G. Michielutti, Executive Vice President
and Chief Financial Officer
(principal financial and accounting officer)
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.                  

###### Railroad Retirement Board

Notice is hereby given that the Railroad Retirement Board will hold a meeting on October 25, 2017, 10:00 a.m. at the Board's meeting room on the 8th floor of its headquarters building, 844 North Rush Street, Chicago, Illinois, 60611. The agenda for this meeting follows:

*Portion open to the public:*

(1) Executive Committee Reports

The person to contact for more information is Martha P. Rico, Secretary to the Board, Phone No. 312-751-4920.

Dated: October 5, 2017.

Martha P. Rico,

For the Board, Secretary to the Board.

[FR Doc. 2017-21853 Filed 10-5-17; 11:15 am]

 BILLING CODE 7905-01-P