alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Donald Kubik, Appellant, v Donald Selsky et al., Respondents.

[665 NYS2d 963]

—Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Correctional Services dated September 17, 1996, which affirmed a decision of a Hearing Officer dated June 25, 1996, after a Tier III Superintendent’s hearing, finding the petitioner guilty of violating an institutional rule and imposing a penalty.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner, an inmate at the Green Haven Correctional Facility, was charged in a misbehavior report with violating a prison rule which prohibits the possession of contraband that may be classified as a weapon. The petitioner pleaded not guilty to the charge at his Tier III hearing. At the conclusion of the hearing, the Hearing Officer found the petitioner guilty of the charge and imposed a penalty. After an unsuccessful administrative appeal, the petitioner commenced this proceeding pursuant to CPLR article 78 challenging the determination.

The petitioner’s claim that he was denied adequate assistance by the inmate assistant he selected because the assistant did not provide him with the results of an interview with a particular correction officer is without merit. The petitioner was fully able to examine the correction officer at the hearing and to present his defense to the Hearing Officer *(see, Matter of Wright v Scully,*124 AD2d 805; *Matter of Serrano v Coughlin,*152 AD2d 790).

The petitioner’s remaining contentions are without merit. Santucci, J. P., Joy, Friedmann and Luciano, JJ., concur.
**Exhibit 32.1.1**

 

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

**AS ADOPTED PURSUANT TO SECTION 906 OF THE**

**SARBANES-OXLEY ACT OF 2002**

 

I, Robert B. Barnhill, Jr., Chief ExecutiveOfficer of TESSCO Technologies Incorporated, (the “Company”), certify, pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350,that:

 

# 1.             TheAnnual Report on Form 10-K of the Company for the annual period ended March 30,2008, (the “Report”), fully complies with the requirements of Section 13(a) ofthe Securities Exchange Act of 1934 (15 U.S.C. 78m); and

#  

# 2.             Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

#  

#  

| Date:  June 12, 2008 | /s/  | Robert B. Barnhill, Jr. |
|--------------------------------|-----------|------------------------------|
|                           |      | Robert B. Barnhill, Jr. |

##  

##  

The foregoingcertification is being furnished solely to accompany the Report pursuant to 18U.S.C. § 1350, and is not being filed for purposes of Section 18 of theSecurities Exchange Act of 1934, as amended, and is not to be incorporated byreference into any filing of the Company, whether made before or after the datehereof, regardless of any general incorporation language in such filing.

 

----
NO. 07-06-0011-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

JUNE 28, 2006

______________________________

MICHAEL SCOTT, TDCJ-ID NO. 683064, APPELLANT

V.

WARDEN WILLIAM WALKER, ET AL, APPELLEES

_________________________________

FROM THE 181ST DISTRICT COURT OF POTTER COUNTY;

NO. 92741-B; HONORABLE JOHN B. BOARD, JUDGE

_______________________________

Before QUINN, C.J., and REAVIS and HANCOCK, JJ.

MEMORANDUM OPINION

Appellant Michael Scott perfected this appeal from the trial court’s order dismissing

his action against appellees for want of prosecution. The clerk’s record has been filed. As

no evidentiary hearings were conducted before the trial court, there is no reporter’s record.

After granting Scott two extensions of time to file his appellate brief, Scott’s brief was due
to be filed by June 5, 2006. Appellant had failed to file a brief by the June 5 deadline. This

court then notified Scott, by letter, that he must file a brief or a response reasonably

explaining his failure to file a brief by June 26, 2006, or the appeal would be subject to

dismissal for want of prosecution. Scott has not filed a brief or a response.

Due to Scott’s failure to comply with the directive of this court, we dismiss the appeal

for want of prosecution. See TEX. R. APP. P. 38.8(a)(1) and 42.3(b) and (c).

MACKEY K. HANCOCK

 JUSTICE
#### Wallack Freight Lines, Inc., Respondent, v Next Day Express, Inc., et al., Appellants.

[666 NYS2d 452]

—In an action, *inter alia,*for an injunction, the defendants appeal from an order of the Supreme Court, Suffolk County (Zelman, J.H.O.), dated April 29, 1997, which granted the plaintiff’s motion for a preliminary injunction enjoining them, *inter alia,*from utilizing its client lists or servicing or soliciting its clients.

Ordered that the order is reversed, on the law, with costs, and the motion for a preliminary injunction is denied.

The Supreme Court incorrectly granted the plaintiff’s application for a preliminary injunction *(see,*CPLR 6301). Although the hearing record demonstrates the likelihood of the plaintiff’s success on the merits *(see, Skaggs-Walsh, Inc. v Chmiel,*224 AD2d 680; *Nassau Soda Fountain Equip. Corp. v Mason,*118 AD2d 764; *McLaughlin, Piven, Vogel v Nolan & Co.,*114 AD2d 165), it fails to establish that the plaintiff will suffer irreparable injury absent the injunction, or that a balancing of the equities is in its favor *(see, Skaggs-Walsh, Inc. v Chmiel, supra; cf., McLaughlin, Piven, Vogel v Nolan & Co., supra).*Accordingly, the plaintiff’s application for a preliminary injunction should have been denied. Mangano, P. J., Bracken, Altman and Goldstein, JJ., concur.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-40500

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ENRIQUE ANTONIO MEJIA, also known as Enrique Antonio Mejia Soto, also 

known as Enrique Mejia,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:14-CR-858-1

Before JONES, SOUTHWICK, and COSTA, Circuit Judges.

PER CURIAM:*

Appealing the judgment in a criminal case, Enrique Antonio Mejia raises 

an argument that is foreclosed by United States v. Martinez-Lugo, 782 F.3d 

198, 204-05 (5th Cir. 2015), cert. denied, 2015 WL 3867557 (Nov. 30, 2015) (No. 

14-10355). In Martinez-Lugo, 782 F.3d at 204-05, we held that an 

enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) for a prior conviction of a drug 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

December 15, 2015

Lyle W. Cayce

Clerk

 Case: 15-40500 Document: 00513307882 Page: 1 Date Filed: 12/15/2015
No. 15-40500

2

trafficking offense is warranted regardless whether the conviction for the prior 

offense required proof of remuneration or commercial activity.

Mejia also raises an argument that is foreclosed by United States v. 

Rodriguez-Escareno, 700 F.3d 751, 753-54 (5th Cir. 2012), which held that the 

sentence enhancement provided for in § 2L1.2(b)(1)(A)(i) applies to a conviction 

for the federal crime of conspiracy to commit a federal drug trafficking offense.

The motion for summary affirmance is GRANTED, the alternative 

motion for an extension of time to file a brief is DENIED, and the judgment of 

the district court is AFFIRMED.

 Case: 15-40500 Document: 00513307882 Page: 2 Date Filed: 12/15/2015
Exhibit 99.1

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 Sunterra Corporation on Form 10-Q for
the period ending March 31, 2002 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Nicholas J. Benson, President
and Chief Executive Officer, certify, pursuant to 18 U.S.C. ss.1350, as adopted
pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:

(1) 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 results of operations of the Company.

/s/ Nicholas J. Benson
------------------------------
August 14, 2002
<TABLE> <S> <C>

<ARTICLE> 5

<S>                                           <C>                     <C>
<PERIOD-TYPE>                                9-MOS                   3-MOS
<FISCAL-YEAR-END>                          AUG-31-1999             AUG-31-1999
<PERIOD-START>                             SEP-01-1998             MAR-01-1999
<PERIOD-END>                               MAY-31-1999             MAY-31-1999
<CASH>                                       6,517,262               6,517,262
<SECURITIES>                                         0                       0
<RECEIVABLES>                                        0                       0
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                             6,639,072               6,639,072
<PP&E>                                       4,537,163               4,537,163
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                              11,179,781              11,179,781
<CURRENT-LIABILITIES>                          138,001                 138,001
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                         25                      25
<COMMON>                                        14,069                  14,069
<OTHER-SE>                                  11,026,208              11,026,208
<TOTAL-LIABILITY-AND-EQUITY>                11,179,781              11,179,781
<SALES>                                              0                       0
<TOTAL-REVENUES>                                     0                       0
<CGS>                                                0                       0
<TOTAL-COSTS>                                  547,854                 222,987
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                             158,151                  46,115
<INCOME-PRETAX>                              (659,192)               (237,891)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                          (659,192)               (237,891)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 (659,192)               (237,891)
<EPS-BASIC>                                   (.068)                  (.023)
<EPS-DILUTED>                                   (.068)                  (.023)



</TABLE>
Exhibit 10.1

 

EXECUTION COPY

 

THIRD AMENDMENT
 TO EMPLOYMENT AGREEMENT

 

This Third Amendment (the “Amendment”) to the Employment Agreement, dated effective as of March 1, 2007 (as previously amended, the “Agreement”), by and between HCC Insurance Holdings, Inc., a Delaware corporation (“HCC”), and Craig J. Kelbel (“Executive”) is made and entered into as of December 17, 2014.  HCC and Executive are sometimes collectively referred to herein as the “Parties” and individually as a “Party”. All capitalized terms, not otherwise defined herein, shall have the meaning ascribed to such term in the Agreement.

 

RECITALS

 

WHEREAS, the Parties set forth the terms and conditions of Executive’s employment with HCC in the Agreement; and

 

WHEREAS, the Parties now desire to amend the Agreement to modify the amount of the Consulting Fees due to Executive thereunder following his retirement from the Company.

 

NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, HCC and Executive hereby agree as follows:

 

AGREEMENT

 

1.                                      Effective as of the date hereof, the first sentence of Section 6(b) of the Agreement shall be deleted in its entirety and replaced with the following:

 

The Company shall pay Executive (i) $300,000 per year for the first year during the Consulting Period and (ii) $75,000 per year for each subsequent year during the Consulting Period, payable no less frequently than monthly in advance beginning on the first day of the month immediately following the Termination Date (in each case, the “Consulting Fees”).

 

2.                                      The provisions of Section 1 of this Amendment are hereby incorporated into and made part of the Agreement as if fully set forth therein.

 

3.                                      Except as expressly provided herein, all other terms and conditions of the Agreement shall remain unchanged, and as expressly amended hereby, the Agreement is ratified and confirmed in all respects and shall remain in full force and effect.

 

4.                                      This Amendment shall be governed by and construed in accordance with the laws of the State of Texas.

 

[Signature Page Follows]

 

1











 

IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date set forth below.

 

 

	
EXECUTIVE:
    	
HCC:
    
	
 
    	
 
    
	
 
    	
HCC   Insurance Holdings, Inc.
    
	
 
    	
 
    
	
 
    	
 
    
	
/s/   Craig J. Kelbel
    	
 
    	
By:
    	
/s/   Christopher J.B. Williams
    
	
Craig   J. Kelbel
    	
 
    	
Christopher   J.B. Williams
    
	
 
    	
 
    	
Chief   Executive Officer
    
	
Date:
    	
December 17,   2014
    	
 
    	
Date:
    	
December 17,   2014
    
	
 
    	
 
    
	
 
    	
 
    
					


 

Signature Page — Third Amendment to Employment Agreement
Exhibit 32.1

STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE 
SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350

The undersigned, Charles M. Sprock, is the President and Chief Executive Officer of Rome Bancorp, Inc. (the Company). This statement is being furnished in connection with the filing by the
Company of the Companys Annual Report on Form 10-Q/A for the quarter ended September 30, 2006 (the Report).

By execution of this statement, I certify that:

| | A) | 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(a) or 78o(d)) and                                                             
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|
| | B) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and for the periods covered by the Report.
|

This statement is authorized to be attached as an exhibit to the Report so that this statement will accompany the Report at such time as the Report is filed with the Securities and Exchange
Commission, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350. It is not intended that this statement be deemed to be filed for purposes of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its
staff upon request.

|Date:
March 29, 2007 |  | /s/ Charles M. Sprock
|-------------------- |  | ---------------------
|                     |  |                      
|                     |  |                      

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-6086

MARK WHITE,

Plaintiff - Appellant,

versus

R. N. ROBERTSON,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca B. Smith, District Judge.

(CA-98-492-2)

Submitted: March 25, 1999 Decided: March 31, 1999

Before WILKINS and MOTZ, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Mark White, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Mark White appeals the district court’s order dismissing his

42 U.S.C. § 1983 (1994) complaint. The district court assessed a

filing fee in accordance with Evans v. Croom, 650 F.2d 521 (4th

Cir. 1981), cert. denied, 454 U.S. 1153 (1982), and dismissed the

case without prejudice when Appellant failed to comply with the fee

order. Finding no abuse of discretion, we affirm the district

court’s order. We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

before the court and argument would not aid the decisional process.

AFFIRMED
Exhibit 32.2 

**Certification of Chief Financial Officer Pursuant to  18 U.S.C. Section1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002**

          I, M. Brinkley Morse, certify, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Quest Software, Inc. on Form 10-Q for the quarterly period ended June 30, 2003, fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Report fairly presents, in all material respects, the financial condition and results of operations of Quest Software, Inc.

|   | By:    | /s/   M. BRINKLEY MORSE                                 |
|--------|--------|------------------------------------------------------------------------|
|   |   |                                                                        |
|   | Name:  | **M. Brinkley Morse**                                                  |
|   | Title: | **Vice President, Finance and Operations and Chief Financial Officer** |
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2955 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2955

To amend the Whaling Convention Act of 1949 to require that the United 
 States Commissioner to the International Whaling Commission must be a 
                           Federal employee.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2009

  Mr. Rahall introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
To amend the Whaling Convention Act of 1949 to require that the United 
 States Commissioner to the International Whaling Commission must be a 
                           Federal employee.

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

SECTION 1. REQUIREMENTS FOR APPOINTMENT OF UNITED STATES COMMISSIONER 
              TO THE INTERNATIONAL WHALING COMMISSION.

    (a) Requirement.--Section 3(a) of the Whaling Convention Act of 
1949 (16 U.S.C. 916a(a)) is amended to read as follows:
    ``(a) The United States Commissioner shall be appointed by the 
President, on the concurrent recommendations of the Secretary of State 
and the Secretary of Commerce, shall be an employee of the Federal 
Government, and shall serve at the pleasure of the President.''.
    (b) Application.--The amendment made by subsection (a) shall apply 
with respect to any individual who is appointed, or reappointed, as 
United States Commissioner to the International Whaling Commission on 
or after the date of enactment of this Act.
                                 <all>
```
<PAGE>
                                                                    EXHIBIT 99.1

                                  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 R&G Financial Corporation
(the "Company") on Form 10-Q for the period ended March 31, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned hereby certify, pursuant to 18 U.S.C. section 1350, as adopted
pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to the
undersigned's best knowledge and belief:

         (a) the Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and

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

Dated this 15th day of May, 2003.



                                       R&G Financial Corporation
                                       -----------------------------------------
                                       ("Company")



                                       /s/ Victor J. Galan
                                       -----------------------------------------
                                       Victor J. Galan
                                       Chief Executive Officer



                                       /s/ Joseph R. Sandoval
                                       -----------------------------------------
                                       Joseph R. Sandoval
                                       Chief Financial Officer

         A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 HAS
BEEN PROVIDED TO THE COMPANY AND WILL BE RETAINED BY THE COMPANY AND FURNISHED
TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
<PAGE>

                                                                    Exhibit 23.1


            Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-111302) pertaining to the Amended and Restated 1993 Equity Incentive
Plan, the Amended and Restated 2003 Stock Incentive Plan, and the 2003 Employee
Stock Purchase Plan of NitroMed, Inc. of our report dated February 9, 2005, with
respect to the financial statements of NitroMed, Inc. included in the Annual
Report (Form 10-K) for the year ended December 31, 2004.



                                            /s/ Ernst & Young LLP


Boston, Massachusetts
March 8, 2005