alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Reginald Lamica, Appellant.

[666 NYS2d 52]

—Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered February 26, 1996, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Defendant pleaded guilty to the crime of assault in the second degree as the result of an incident in the Village of Malone, Franklin County, in which defendant stabbed the victim with a knife, causing a four-inch laceration to the victim’s abdomen. He was sentenced as a second felony offender to a prison term of 3V2 to 7 years. Defendant’s contention that the sentence is harsh and excessive is without merit given his extensive criminal history, his commission of the instant crime while on parole and the fact that he was sentenced in accordance with the plea agreement and the relevant statutory parameters *(see, e.g., People v Beha,*241 AD2d 572; *People v Cook,*237 AD2d 747, *lv denied*90 NY2d 856). Moreover, we find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice *(see,*CPL 470.15 [6] [b]; *People v Mackey,*136 AD2d 780, *lv denied*71 NY2d 899).

Cardona, P. J., Mikoll, Crew III, Peters and Carpinello, JJ., concur. Ordered that the judgment is affirmed.
EXHIBIT 32.2



OFFICER’S CERTIFICATION

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT
OF 2002

(18 U.S.C. 1350)



In connection with
the Annual Report on Form 10-K/A (Amendment No. 1) of TELETOUCH COMMUNICATIONS, INC. (the “Company”) for the fiscal
year ended May 31, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the
undersigned, Douglas E. Sloan, Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that,
to the best of his knowledge:



| | 1. | The Report is in full compliance 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 operation of the Company.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|/s/ Douglas E. Sloan    |  | 
|----------------------- |  | 
|Douglas E. Sloan        |  | 
|Chief Financial Officer |  | 
|September 28, 2012      |  |
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 Commerce Economic Development Administration
 AGENCY: Economic Development Administration, U.S. Department of Commerce.
 ACTION: Notice and opportunity for public comment.
 SUMMARY: The Economic Development Administration (EDA) has received petitions for certification of eligibility to apply for Trade Adjustment Assistance from the firms listed below. Accordingly, EDA has initiated investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each of these firms contributed importantly to the total or partial separation of the firm's workers, or threat thereof, and to a decrease in sales or production of each petitioning firm.


SUPPLEMENTARY INFORMATION:  List of Petitions Received by EDA for Certification of Eligibility To Apply for Trade Adjustment Assistance
[10/1/2017 through 10/9/2017]
Firm name
Firm address
Date
                             accepted for 
                             investigation
Product(s)Copper John Corporation
173 State Street, Auburn, NY 13021
10/3/2017
The firm manufactures bow sights and release aids for the archery market.Superior Fabrication Company, LLC
17499 South Dolan Street, Kincheloe, MI 49788
10/4/2017
The firm manufactures heavy duty steel components and assemblies, such as masts for forklift trucks and components for medical imaging equipment.Diamond Brand Gear Company
145 Cane Creek Industrial Park Road, Suite 100, Fletcher, NC 28732
10/5/2017
The firm manufactures cut and sewn camping and military gear.
 Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance for Firms Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. These petitions are received pursuant to section 251 of the Trade Act 1974, as amended. Please follow the requirements set forth in EDA's regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Irette Patterson, Program Analyst.


[FR Doc. 2017-22507 Filed 10-17-17; 8:45 am] BILLING CODE 3510-WH-P
Exhibit
10.16





First Amendment to
Employment Agreement





This First Amendment (“First
Amendment”), to the Employment Agreement (the "Agreement") dated February 27,
2007 between Payment Data Systems, Inc. ("PDS") and Louis A. Hoch (“Executive")
is entered into this 12th day of November, 2009 and is made part of the Agreement which is
hereby amended as follows:





1.           Definitions.  All
capitalized terms used herein and not expressly defined herein shall have the
respective meanings given to such terms in the Agreement.





2.           Entire
Agreement.  Except as expressly modified by this First
Amendment, the Agreement shall be and remain in full force and effect in
accordance with its terms and shall constitute the legal, valid, binding and
enforceable obligations of PDS and Executive.





3.           Successors and
Assigns.  This First Amendment shall be binding upon and inure
to the benefit of the successors and permitted assigns of the parties
hereto.





4.           Section
References.  Section titles and references used in this First
Amendment shall be without substantive meaning or content of any kind whatsoever
and are not a part of the agreements among the parties hereto evidenced
hereby.





5.           Now,
therefore, in consideration of the mutual covenants set forth herein and for
other good and valuable consideration, the adequacy, receipt and sufficiency of
which are hereby acknowledged:





a. The Base Salary as set forth in
Schedule 4(a)(i) of Schedule 1 to the Agreement is hereby amended to be $175,000
per annum in year 2009.





This
First Amendment amends the Agreement as set forth herein. All previously
existing obligations under the Agreement are hereby reaffirmed in all
respects.





In
witness thereof, the parties
hereto have caused thisFirst Amendment to the Agreement to be executed on the day and
year first above written.





Payment Data Systems, Inc.
            ExecutiveBy:
            /s/ Michael R. Long
            
            By:
            /s/ Louis A. HochName: Michael R. Long
            Name: Louis A. HochTitle:CEO & CFO
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2274

IRVIN H. CATLETT, JR., Plaintiff - Appellant,

v. UNITED STATES OF AMERICA, Defendant - Appellee.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge. (8:08-cv-00438-PJM)

Submitted: May 28, 2009 Decided: June 2, 2009

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Irvin H. Catlett, Jr., Appellant Pro Se. Melissa Briggs, UNITED STATES DEPARTMENT OF JUSTICE, Tax Di vision, Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Irvin H. Catlett, Jr., appeals the district court’s order denying ten petitions to quash administrative summonses issued by the Internal Revenue Service. Our review of the record discloses that the Government met its burden of proof under 28 U.S.C. § 7602 (2006) to support the enforcement of the

summonses. See United States v. Powell , 379 U.S. 48, 57-58 (1964); Alphin v. United States , 809 F.2d 236, 238 (4th Cir. 1987). Accordingly, we affirm. 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
[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Notices]
[Page 48255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22480]


=======================================================================
-----------------------------------------------------------------------

JUDICIAL CONFERENCE OF THE UNITED STATES


Hearings of the Judicial Conference Advisory Committee on the 
Federal Rules of Appellate Procedure

AGENCY: Advisory Committee on the Federal Rules of Appellate Procedure, 
Judicial Conference of the United States.

ACTION: Notice of cancellation of public hearing.

-----------------------------------------------------------------------

SUMMARY: The following public hearing on proposed amendments to the 
Federal Rules of Appellate Procedure has been canceled: Appellate Rules 
Hearing on November 9, 2017, in Washington, DC.

FOR FURTHER INFORMATION CONTACT: Rebecca A. Womeldorf, Rules Committee 
Secretary, Rules Committee Staff, Administrative Office of the United 
States Courts, Washington, DC 20544, telephone (202) 502-1820.

SUPPLEMENTARY INFORMATION: Announcement for this hearing was previously 
published in 82 FR 37610.

    Dated: October 12, 2017.
Rebecca A. Womeldorf,
Rules Committee Secretary.
[FR Doc. 2017-22480 Filed 10-16-17; 8:45 am]
BILLING CODE 2210-55-P
<PAGE>
 
                                                                    EXHIBIT 23.0

             CONSENT OF ERNST AND YOUNG LLP, INDEPENDENT AUDITORS

     We consent to the incorporation by reference in the Registration Statement 
(Form S-8 No. 333-65549, 333-65551 and 333-65571) pertaining to Stock 
Subscription Warrants, 1994 Stock Option Plan, 1995 International Employee Stock
Purchase Plan and French Employee Savings Plan of Business Objects, S.A. of our 
report dated January 29, 1999 with respect to the consolidated financial 
statements and schedule of Business Objects, S.A. included in the Annual Report 
(Form 10-K) for the year ended December 31, 1998.


                                                       /s/ Ernst & Young LLP


San Jose, California
March 19, 1999
<PAGE>

                                                                      EXHIBIT 32

                Certification of the Principal Executive Officers

                           Pursuant to 18 U.S.C. 1350

                 (Section 906 of the Sarbanes-Oxley Act of 2002)

We, Morris H. Wheeler, the President and Chief Executive Officer and Robert W.
Pawlak, the Chief Financial Officer of Cohesant Technologies Inc. (the
"Company"), certify that to the best of our knowledge, based upon a review of
the Company's Annual Report on Form 10-KSB for the year ended November 30, 2003
(the "Report"):

                  (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.

/s/ Morris H. Wheeler
    -----------------
Morris H. Wheeler
President and Chief Executive Officer
January 29, 2004

/s/ Robert W. Pawlak
    ----------------
Robert W. Pawlak
Chief Financial Officer
January 29, 2004
CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





The undersigned, Robert Hemmerling, Chief Executive Officer and Devinder Randhawa, Chief Financial Officer, of Eye Catching Marketing Corporation, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



1.

the quarterly report on Form 10-QSB of Eye Catching Marketing Corporation for the period ended March 31, 2006 (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 Eye Catching Marketing Corporation.









Dated May 11, 2006

/s/Robert Hemmerling

Robert Hemmerling,

Chief Executive Officer





Dated May 11, 2006

/s/Devinder Randhawa

Devinder Randhawa,

Chief Financial Officer
#### Patrizia Vittorio, Respondent, v U-Haul Company et al., Appellants, et al., Defendant.

[861 NYS2d 726]

In an action to recover damages for personal injuries, the defendants U-Haul Company, U-Haul Company of New York, Inc., and U-Haul International appeal from so much of an order of the Supreme Court, Dutchess County (Sproat, J.), dated June 1, 2007, as denied their cross motion for summary judgment dismissing the complaint insofar as asserted against them. Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants failed to make a prima facie showing that they neither created nor had actual or constructive notice of the allegedly dangerous condition *(see Hudlin v Epicurean Deli,*46 AD3d 752 [2007]). In addition, the appellants did not submit any evidence to establish their contention that the allegedly defective condition was trivial *(see Reeves v New York City Tr. Auth.,*276 AD2d 543 [2000]). The appellants merely pointed to gaps in the plaintiffs proof, rather than affirmatively demonstrating the merit of their defense, and thus they failed to carry their burden as movants seeking summary judgment *(see Pappalardo v Long Is. R.R. Co.,*36 AD3d 878 [2007]; *Kucera v Waldbaums Supermarkets,*304 AD2d 531 [2003]). We reach this conclusion without considering the decedent’s pre-action examination under oath, taken by the defendant Republic Western Insurance Company, which the appellants contend is inadmissible against them *(cf.*CELR 3117 [a] [3]). Rivera, J.P, Ritter, Miller and Dillon, JJ., concur.
* Pursua nt to Local Rule 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 Local Rule 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________ No. 96-50082 Summary Calendar

_____________________ MARY LOU KIRSCHBAUM, Plaintiff-Appellant,

versus WILLIAM J. PERRY, Secretary, U. S. Department of Defense, and his successors in Office; WILLIAM REED, Director, U.S. Defense Contract Audit Agency, and his successors in Office; JOHN McINTOSH, Manager, Austin Branch, U. S. Defense Contract Audit Agency, and his successors in Office, Defendants-Appellees.

_________________________________________________________________

Appeal from the United States District Court for the Western District of Texas

(A-95-CV-269)

_________________________________________________________________ July 24, 1996 Before SMITH, BARKSDALE, and DENNIS, Circuit Judges.

PER CURIAM: *
Mary Lou Kirschbaum appea ls the dismissal, for failure to
prosecute , of her employment discrimination claim. However, she
contends only that the district court abused its discretion by denying her F ED
. R. C IV
. P. 60(b) moti on for reinstatement (filed more than 10 days after entry of the order of dismissal).- 2 -

Kirschbaum filed a timely notice of appeal from the order of
d ismissal, but did not file a notice of appeal from the order denying her 60 (b) motion. Accordingly, we lack jurisdiction to
consider the denial of that motion. S ee, e.g. , Williams v. Chater ,

___ F.3d ___, ___, 1996 WL 361223 (5th Cir. 1996). Although the appeal from the order of dismissal is properly bef ore us, Kirschbaum has not presented a basis for reversal. Id. Therefore, the judgment is

AFFIRMED.
#### The People of the State of New York, Respondent, v Don Juan Britt, Appellant.

[670 NYS2d 121]

—Appeal by the defendant from a judgment of Supreme Court, Kings County (Lipp, J.), rendered July 29, 1996, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review *(see,*CPL 470.05 [2]; *People v Gray,*86 NY2d 10; *People v Udzinski,*146 AD2d 245). In any event, viewing the evidence in the light most favorable to the *295prosecution (see, *People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury, which saw and heard the witnesses *(see, People v Gaimari,*176 NY 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record *(see, People v Garafolo,*44 AD2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see,*CPL 470.15 [5]).

The defendant’s remaining contentions are unpreserved for appellate review and, in any event, without merit. Rosenblatt, J. P., Miller, Copertino and Goldstein, JJ., concur.
### 4^ MJ ^J ^^l^ ^sc J//^ S/,< A?5 ££*^ CO^/ w, MAY 22 2015 »i/<Y>f ueujif sL^ <;5 (/>""^s: WslJtemei,Gterk h^JL rD*JLc/> Mi*tr?z( t^S r*^ues<f<zJ FILEDIN 

### ~7fcr? ran^e^j- ;> /^^J^ ;n j^~/ A5eMcosta,c/e*
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 Veterans Affairs

The Department of Veterans Affairs (VA) gives notice under the Federal Advisory Committee Act that the Veterans' Rural Health Advisory Committee will meet on November 1-2, 2017. The meeting will be held at 333 John Carlyle St., 4th Floor Conference Room, in Alexandria, VA 22314 on November 1-2; both meeting sessions will begin at 8:30 a.m. (EST) each day and adjourn at 5:00 p.m. (EST). The meetings are open to the public.

The purpose of the Committee is to advise the Secretary of Veterans Affairs on rural health care issues affecting Veterans. The Committee examines Programs and policies that impact the delivery of VA rural health care to Veterans and discusses ways to improve and enhance VA access to rural health care services for Veterans.

The agenda will include updates from Department leadership, the Assistant Deputy Under Secretary for Health for Policy and Services, Director Office of Rural Health and Committee Chairman, as well as presentations on general health care access.

                    Public comments will be received at 4:30 p.m. on November 1, 2017. Interested parties should contact Ms. Judy Bowie, via email at                     *VRHAC@va.gov,*                     via fax at (202) 632-8615, or by mail at 810 Vermont Avenue NW.                           ( print page 48321)                        (10P1R), Washington, DC 20420. Individuals wishing to speak are invited to submit a 1-2 page summary of their comment for inclusion in the official meeting record. Any member of the public seeking additional information should contact Ms. Bowie at the phone number or email address noted above.                

Dated: October 4, 2017.

LaTonya L. Small,

Federal Advisory Committee Management Officer.

[FR Doc. 2017-22449 Filed 10-16-17; 8:45 am]

 BILLING CODE P
CERTIFICATIONS OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICERS
                PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT

                                   Exhibit 32

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

In connection with the Quarterly Report of Reality Wireless Networks, Inc., a
Nevada corporation (the "Company"), on Form 10-QSB/A for the period ended March
31, 2004, as filed with the Securities and Exchange Commission (the "Report"),
Steve Careaga, Chief Executive Officer of the Company and Principal Financial
Officer of the Company, does hereby certify, pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350), that to his knowledge:

(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 result of operations of the Company.

/s/ Steve Careaga
    ---------------------
By: Steve Careaga
Its:  Chief Executive Officer, Principal Financial
Officer/Acting Chief Financial Officer, Director
March 2, 2005

[A signed original of this written statement required by Section 906 has been
provided to Reality Wireless Networks, Inc. and will be retained by Reality
Wireless Networks, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.]