alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Sa’Afi A. El-Shabazz, Appellant, v Philip Coombe, as Acting Commissioner of New York State Department of Correctional Services, Respondent.

[666 NYS2d 91]

—Judgment unanimously affirmed without costs. Memorandum: In a prior proceeding, Supreme Court denied a petition seeking to compel respondent and the New York City Department of Correction (NYCDOC) to grant petitioner 389 days of jail-time credit. The court held that petitioner was not entitled to credit for time spent in local custody after formal commencement of the sentence imposed on a conviction that was subsequently reversed. After entry of an order denying the petition, NYCDOC nevertheless certified that petitioner was entitled to be credited with 317 days of jail time spent in local custody, and petitioner commenced this proceeding to compel respondent to grant him that credit. The court properly dismissed the petition. Because the court had determined that petitioner was not entitled to credit for that jail time, NYC-DOC had no authority to reconsider its position and to reach a determination contrary to the judicial determination, by which it was bound *(see, Matter of Howard v Coughlin,*212 AD2d 852, *lv denied*85 NY2d 812; *Matter of Rahman v Coughlin,*112 AD2d 591). (Appeal from Judgment of Supreme Court, Wyoming County, Dadd, J.—CPLR art 78.) Present—Pine, J. P., Hayes, Wisner, Balio and Fallon, JJ.
Order filed November 8, 2018.

In The

Fourteenth Court of Appeals

____________

NO. 14-18-00474-CV

___________

JACK RAINES, Appellant

V.

BAYSHORE RV & MOBILE HOME PARK, Appellees

On Appeal from the County Court at Law No 2

Galveston County, Texas

Trial Court Cause No. 540841102

O R D E R

No reporter’s record has been filed in this case. The official court reporter 

for the County Court at Law No. 2 informed this court that appellant had not made 

arrangements for payment for the reporter’s record. On October 16, 2018, the 

clerk of this court notified appellant that we would consider and decide those 

issues that do not require a reporter’s record unless appellant, within 15 days of 

notice, provided this court with proof of payment for the record. See Tex. R. App.

P. 37.3(c). Appellant filed no reply. 
Accordingly, we order appellant to file a brief in this appeal within thirty 

days of the date of this order. If appellant fails to comply with this order, the court 

will dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). 

PER CURIAM
EXHIBIT 32.2

                        DIGITAL DESCRIPTOR SYSTEMS, INC.
                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 Digital Descriptor Systems, Inc. (the
"Company") on Form 10-KSB/A-2 for the period ended December 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Michael Pellegrino, Chief Financial Officer, of the Company, certify,
pursuant to 18 U.S.C.ss.1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

(1)   The Quarterly Report on Form 10-KSB/A-2 of the Company 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.

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

Date: December 29, 2005


/s/ Michael Pellegrino
-------------------------------------
Michael Pellegrino
Chief Financial Officer
#### Matthew T. Gulotta et al., Plaintiffs, v Bechtel Corporation, Also Known as Bechtel Park Towers, and as BPT Properties, L.P., et al., Defendants, and Lehrer McGovern Bovis, Appellant. Northberry Structures, Third-Party Plaintiff-Appellant, v Northberry Corporation, Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

[664 NYS2d 801]

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered September 23, 1996, which, *inter alia,*granted plaintiffs’ motion for partial summary judgment on the issue of liability under Labor Law § 240 (1), denied as premature defendant and third-party plaintiff Northberry Structures’ cross motion for summary judgment against third-party defendant Northberry Corporation for common-law indemnification, and denied defendant Lehrer McGovern Bovis’ cross motion for summary judgment against Northberry Structures on the issue of contractual indemnification, unanimously affirmed, without costs.

A party held strictly liable under Labor Law § 240 may seek common-law indemnification from the party or parties actually responsible for the injured plaintiff’s work and supervision thereof provided that the one seeking indemnity is not itself guilty of some negligence beyond the strict statutory liability *(see, Kelly v Diesel Constr. Div.,*35 NY2d 1, 5). The motion court properly denied Northberry Structures’ cross motion since issues of fact exist as to its responsibility for safety precautions at the subject construction site *(see, Mas v Two Bridges Assocs.,*75 NY2d 680; *D'Amico v Manufacturers Hanover Trust Co.,*177 AD2d 441).

The court also properly found that questions of fact precluded summary judgment on Lehrer McGovern Bovis’ contractual indemnity claim against Northberry Structures in view of issues of fact as to whether its activities at the job site exceeded that of mere general supervisory authority *(see,*General Obligations Law § 5-322.1; *Brown v Two Exch. Plaza Partners,*76 NY2d 172). Concur—Sullivan, J. P., Ellerin, Wallach, Williams and Andrias, JJ.
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.                  

###### Consumer Product Safety Commission

# TIME AND DATE:

 Wednesday, October 11, 2017, 10:00 a.m.-12:00 p.m.

# PLACE:

 Hearing Room 420, Bethesda Towers, 4330 East-West Highway, Bethesda, MD.

# STATUS:

 Commission Meeting—Open to the Public

# Matter To Be Considered:

 Briefing Matters: (1) Revision to the Notice of Requirements (NOR) for Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates—Notice of Proposed Rulemaking; (2) Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates—Final Rule

                        A live webcast of the Meeting can be viewed at                         *https://www.cpsc.gov/​live.*

# CONTACT PERSON FOR MORE INFORMATION:

 Rockelle Hammond, Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814, (301) 504-7923.

Dated: September 29, 2017.

Alberta E. Mills,

Acting Secretary.

[FR Doc. 2017-21318 Filed 9-29-17; 4:15 pm]

 BILLING CODE 6355-01-P
---

CONSENT OF EXPERT

March 19, 2012

Augusta Resource Corporation

United States Securities and Exchange Commission

Ladies and Gentlemen:

Re: Augusta Resource
Corporation

I, William L. Rose, do
hereby consent to the filing of the written disclosure regarding the technical
report entitled Rosemont Copper Project Updated Feasibility Study, dated
January 14, 2009 for the Rosemont Project located in Pima County, Arizona in the
Form 40-F Annual Report dated March 19, 2012, and any amendments thereto, and
the Annual Information Form of Augusta Resource Corporation (the Company)
dated March 19, 2012.

I also consent to the use of my
name in the Companys Form 40-F Annual Report, and any amendments thereto, and
the Annual Information Form dated March 19, 2012 and to the incorporation by
reference of the Companys Annual Report on Form 40-F and any amendments
thereto, and the Annual Information Form dated March 19, 2012 in the Companys
Form S-8 Registration Statement (SEC File No. 333-173297).

| | By: | /s/ William L. Rose                          
| | --- | ---------------------------------------------
| |     | William L. Rose                              
| |     | President and Principal Mining
      Engineer
| |     | WLR Consulting, Inc.                         

---
(PAGE)                     FOURTH AMENDMENT
                                  TO
                   CERTIFICATE OF LIMITED PARTNERHIP
                     OF EQUUS GAMING COMPANY L.P.

            The undersigned, desiring to amend the Certificate of
Limited Partnership of Equus Gaming Company L.P. pursuant to
Section 50-73.12 of the Code of Virginia, does hereby certify as
follows:

            I.    The name of the Limited Partnership iis Equus
Gaming Company L.P.

            II.   The initial Certificate of Limited Partnership
of Equus Gaming Company L.P. was filed with the State Corporation
Commission on August 2, 1994.

            III.  The Certificate of Limited Partnership of Equus
Gaming Company L.P. is hereby amended to change the address of
the specified office of the limited partnership required to be
maintained by Section 50-73.4 of the Code of Virginia to:

                  650 Munoz Rivera Avenue
                  Doral Building, 7th Floor
                  Hato Rey, Puerto Rico  00918-4149

            IV.   The Certificate of Limited Partnership of Equus
Gaming Company L.P. is hereby amended to provide for the
withdrawal of the following general partner:

         Name                             Mailin Address
         ----                             --------------

   Interstate General Company L.P.   222 Smallwood Village Center
                                     St. Charles, Maryland  20602

            IN WITNESS WHEREOF, the undersigned has executed this
Fourth Amendment to the Certificate of Limited Partnership of
Equus Gaming L.P. to be effective as of December 31, 1997.

                                  EQUUS MANAGEMENT COMPANY,
                                    managing general partner of
                                    Equus Gaming Company L.P.

                                  By: /s/ Gretchen Gronau
                                      ----------------------------
                                      Gretchen Gronau
                                      Vice President
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-END>                               SEP-30-1999
<CASH>                                            9119
<INT-BEARING-DEPOSITS>                          122874
<FED-FUNDS-SOLD>                                  2700
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      83378
<INVESTMENTS-CARRYING>                           12763
<INVESTMENTS-MARKET>                             12962
<LOANS>                                         345889
<ALLOWANCE>                                       6100
<TOTAL-ASSETS>                                  597317
<DEPOSITS>                                      437598
<SHORT-TERM>                                      4985
<LIABILITIES-OTHER>                               4516
<LONG-TERM>                                      14423
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         88213
<OTHER-SE>                                       47582
<TOTAL-LIABILITIES-AND-EQUITY>                  597317
<INTEREST-LOAN>                                  15294
<INTEREST-INVEST>                                 2901
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                 18195
<INTEREST-DEPOSIT>                                8964
<INTEREST-EXPENSE>                                9562
<INTEREST-INCOME-NET>                             8633
<LOAN-LOSSES>                                      410
<SECURITIES-GAINS>                                 170
<EXPENSE-OTHER>                                  12472
<INCOME-PRETAX>                                 (3901)
<INCOME-PRE-EXTRAORDINARY>                      (3901)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (2414)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                    3.71
<LOANS-NON>                                        336
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                  5672
<CHARGE-OFFS>                                        0
<RECOVERIES>                                        18
<ALLOWANCE-CLOSE>                                 6100
<ALLOWANCE-DOMESTIC>                              6100
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            240


</TABLE>
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Ex parte Daniel Ray Garcia

, * Original Habeas Corpus Proceeding

No. 11

- 20

- 00 27 6

- CR * Dec ember 18 , 20 20

* Per Curiam Memorand um Opinio n

(P anel consists of: Bailey , C.J.,

Trotter , J. , and Wright, S.C.J.,

sitting by assignment )

( Willson , J., not participating)

This court has considered Daniel Ray Garcia’s application for writ of habeas

corpus and concludes that the application for writ of habeas corpus should be

dismissed for want of jur isdiction. Therefore, in accordance with this court’s

opinion, the application for habeas corpus is dismissed.
Order entered December 8, 2017

In The 

## Court of Appeals **Fifth District of Texas at Dallas**

No. 05-17-00450-CV JAMES T. CHAO, Appellant

V.

PLANO BUILDING STANDARD COMMISSI ON, CITY OF PLANO, TEXAS, Appel lee On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-05450-2016



### ORDER

We REINSTATE this appeal. By order dated November 8, 2017, we ordered the trial court to conduct a hearing and make written findings of fact regarding the accuracy of the rep orter’s record. On December 5, 2017, a supplemental clerk’s record was filed containing the tr ial court’s written findings of fact.

The trial court found that the r eporter’s record does not conta in any inaccuracies. We ADOPT the trial court’s findings. Before the Court is appellant’s December 1, 2017 typewritten “M otion to Report on Hearing Issues from 401st District Court and with My Further Re quest for Your Guidance and

Direction for Further Pursuit.” We DENY the motion.Also before the Court is appe llant’s December 1, 2017 handwritt en motion. This motion is illegible and difficult to read. It appears appellant is as king this Court to reverse the trial court’s order that is the subject of this appeal. We DENY the motion. Appellant shall address his arguments for reversal of t he appealed order in his brief o n the merits. Appellant’s brief is due January 5, 2018

. /s/ CAROLYN WRIGHT CHIEF JUSTICE
**EXHIBIT 24.1** **POWER OF    ATTORNEY**     KNOW ALL MEN BY THESE PRESENTS, that the undersigned directors    of Delek US Holdings, Inc., a Delaware corporation, do and each    of them does, hereby constitute and appoint EZRA UZI YEMIN and    EDWARD MORGAN, his or her true and lawful    attorneys-in-fact    and agents, and each of them with full power to act without the    others, for him or her and in his or her name, place and stead,    to sign the Delek US Holdings, Inc.    Form 10-K    for the year ending December 31, 2006 and any and all    future amendments thereto; and to file said    Form 10-K    and any such amendments with all exhibits thereto, and any and    all other documents in connection therewith, with the Securities    and Exchange Commission, hereby ratifying and confirming all    that said    attorneys-in-fact    and agents, or any of them, may lawfully do or cause to be done    by virtue hereof.     This power of attorney may be executed in counterparts, each of    which shall be an original, with the same effect as if the    signatures thereto and hereto were upon the same instrument.     IN WITNESS WHEREOF, the undersigned have hereunto set their    hands and seals as of the date set forth below. /s/  Gabriel    Last    Gabriel Last    Date: March 15, 2007 /s/  Asaf    Bartfeld    Asaf Bartfeld    Date: March 18, 2007 /s/  Alan    H. Gelman    Alan H. Gelman    Date: March 18, 2007 /s/  Zvi    Greenfeld    Zvi Greenfeld    Date: March 15, 2007 /s/  Carlos    E. Jorda    Carlos E. Jorda    Date: March 15, 2007 /s/  Charles    H. Leonard    Charles H. Leonard    Date: March 15, 2007 /s/  Philip    L. Maslowe    Philip L. Maslowe    Date: March 15, 2007
<PAGE>   1


                                   EXHIBIT 23


The Board of Directors
PVF Capital Corp:


We consent to incorporation by reference in the registration statements (No.
33-97450 and No. 33-86116) on Form S-8 of PVF Capital Corp. of our report dated
July 15, 1999, relating to the consolidated statements of financial condition of
PVF Capital Corp. and subsidiaries as of June 30, 1999 and 1998, and the related
consolidated statements of operations, stockholders' equity, and cash flows for
each of the years in the three-year period ended June 30, 1999 which report
appears in the June 30, 1999 Annual Report on Form 10-K of PVF Capital Corp.



/s/ KPMG LLP


Cleveland, Ohio
September 21, 1999
**CERTIFICATION
        PURSUANT TO**
 **THE
        SARBANES-OXLEY ACT OF 2002**
 **CHIEF
        FINANCIAL OFFICER**
  I,
        Vincent De Lorenzo, certify that:
 
 In
        connection with the Quarterly Report of Digital Creative Development
        Corporation. (the "Company") on Form 10-QSB for the period ending December
        31, 2007 (the "Report"), the undersigned officer of the Company, certifies,
        pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
        the
        Sarbanes-Oxley Act of 2002, that to the best of his knowledge:
 
 (1)
        The
        Report fully complies with the requirements of Section 13(a) of the Securities
        Exchange Act of 1934; and
 
 (2)
        The
        information contained in the Report fairly presents, in all material respects,
        the financial condition and results of operations of the Company.
  Date:
                  February 19,2008/s/ Vincent
                  De LorenzoVincent
                  De LorenzoChief
                  Financial Officer
EXHIBIT
10.17


AMENDMENT TO THE

CITI TRENDS, INC.

2005 LONG-TERM INCENTIVE PLAN


THIS AMENDMENT (this “Amendment”) to the Citi Trends,
Inc. 2005 Long-Term Incentive Plan, as amended (the “Plan”), is made this 14th day of
December, 2006.


The Board of Directors of Citi Trends, Inc. (the “Company”)
has determined that it is in the best interests of the Company and its
stockholders to amend the Plan to delete the vesting requirements for stock
options granted to non-employee directors under the Plan, and to provide the
Compensation Committee with authority to accelerate the exercisability and/or
waive any restrictions or conditions applicable to any award granted to the
Company’s non-employee directors under the Plan.


1.             Section 4(c)(vii) is hereby amended by deleting the text
“except with respect to Awards made to nonemployee directors,” .


2.             The first sentence of Section 6(b)(ii)(B) of the Plan is
hereby amended by deleting the text “will become exercisable with respect to
one-third of the underlying shares on each of the first, second and third
anniversaries of the Grant Date,”.


3.             The second sentence of Section 6(b)(ii)(B) is hereby
deleted in its entirety.


4.             Section 6(f)(ii)(B) of the Plan is hereby amended by
deleting the text “will become exercisable with respect to one-third of the
underlying shares on each of the first, second and third anniversaries of the
Grant Date,”.


5.             The second sentence of Section 6(f)(ii)(B) is hereby
deleted in its entirety.


6.             Section 11 of the Plan is hereby amended by deleting the
text “, except for Awards granted to nonemployee directors,”.


Except as expressly amended hereby, the terms of the
Plan, as previously amended, shall be and remain unchanged and the Plan as
amended hereby shall remain in full force and effect.


IN WITNESS WHEREOF, the Company has caused this
Amendment to be executed by its duly authorized representative on the day and
year first above written.


	
  

  	
  CITI TRENDS, INC.

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ R. Edward Anderson
I 

111TH CONGRESS 

1ST SESSION H. R. 3419 

To amend the Hate Crime Statistics Act to include crimes against the 

homeless. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2009 

Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Mr. WEXLER, Mr. 

COHEN, Mr. KUCINICH, Ms. ROS-LEHTINEN, Ms. NORTON, Mrs. 

NAPOLITANO, Ms. FUDGE, Mr. MCGOVERN, Ms. ZOE LOFGREN of California, Ms. MOORE of Wisconsin, Mr. HASTINGS of Florida, Mr. DAVIS

of Illinois, and Ms. WASSERMAN SCHULTZ) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To amend the Hate Crime Statistics Act to include crimes 

against the homeless. 

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 ‘‘Hate Crimes Against 

5 the Homeless Statistics Act of 2009’’. 

6 SEC. 2. INCLUSION OF HOMELESS. 

7 Section (1)(b) of the Hate Crime Statistics Act is 

8 amended— 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•HR 3419 IH

1 (1) in paragraph (1), by inserting ‘‘homeless 

2 status,’’ after ‘‘sexual orientation,’’; and 

3 (2) by adding the the end the following: 

4 ‘‘(6) As used in this subsection, the term 

5 ‘homeless status’ with respect to an individual, re6 fers to an individual who— 

7 ‘‘(A) lacks a fixed, regular, and adequate 

8 nighttime residence; or 

9 ‘‘(B) has a primary nighttime residence 

10 that is— 

11 ‘‘(i) a public or private place not de12 signed for, or ordinarily used as, a regular 

13 sleeping accommodation for human beings, 

14 including cars, parks, public spaces, aban15 doned buildings, substandard housing, bus 

16 or train stations, or similar settings; 

17 ‘‘(ii) a supervised publicly or privately 

18 operated shelter designed to provide tem19 porary living accommodations, including 

20 motels, hotels, congregate shelters, and 

21 transitional housing; or 

22 ‘‘(iii) housing of other persons in 

23 which the individual is temporarily staying 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•HR 3419 IH

1 due to loss of housing, economic hardship, 

2 or a similar reason.’’. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS