alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Eric Harding, Petitioner, v Albert Prack, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

[987 NYS2d 712]

*1232Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with assault, violent conduct, fighting and refusing a direct order as a result of a fight between himself and another inmate. Following a tier III disciplinary hearing, he was found guilty as charged. This determination was affirmed on administrative appeal and this CPLR article 78 proceeding ensued.

We confirm. Initially, to the extent that petitioner argues in his petition that the determination was not supported by substantial evidence, he has abandoned that claim by failing to advance it in his brief *(see Matter of Huggins v Noeth,*106 AD3d 1351, 1352 [2013]). Contrary to petitioner’s contention, he was not improperly denied the right to call the other inmate involved in the fight as a witness. The inmate never agreed to testify and signed two refusal forms that included his reason for refusing *(see Matter of Lamage v Fischer,*100 AD3d 1176, 1176 [2012]; *Matter of Tulloch v Fischer,*90 AD3d 1370, 1371 [2011]). Further, the Hearing Officer was not required to personally interview the inmate, as he made a sufficient inquiry through a correction officer as to the facts surrounding the refusal *(see Matter of Williams v Goord,*36 AD3d 1033, 1033 [2007]; *Matter of Bowers v Goord,*264 AD2d 876, 876 [1999]). Finally, petitioner’s contention that he was denied a fair hearing is unavailing as there is no indication in the record that the Hearing Officer was biased or had predetermined his guilt, or that the determination flowed from any alleged bias *(see Matter of Cornwall v Fischer,*74 AD3d 1507, 1509 [2010]).

Peters, PJ., Lahtinen, Garry, Lynch and Clark, JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed.
Exhibit 3(i)

                            CERTIFICATE OF AMENDMENT
                                       TO
                          CERTIFICATE OF INCORPORATION
                                       OF
                          Independent Music Group, Inc.

         Independent Music Group, Inc. (the "Corporation"), a corporation
organized and existing under and by virtue of the General Corporation Law of the
State of Delaware, DOES HEREBY CERTIFY:

         FIRST: That the Board of Directors of the Corporation has adopted a
resolution proposing and declaring advisable the following amendment to the
Certificate of Incorporation of the Corporation:

         RESOLVED, that the Certificate of Incorporation of Independent Music
         Group, Inc. be amended by changing Article I thereof, so that, as
         amended, said Article I shall be and read as follows:

         The name of the Corporation is "Falcon Entertainment Corp."

         SECOND: That the Board of Directors of the Corporation has adopted a
resolution proposing and declaring advisable the following amendment to the
Certificate of Incorporation of the Corporation:

         RESOLVED, that the Certificate of Incorporation of Independent Music
         Group, Inc. be amended by changing Article IV to reflect the increased
         aggregate number of authorized shares by incorporating the following
         language:

         "The aggregate number of shares which the Corporation shall have the
         authority to issue is 20,000,000 shares of Common Stock, par value
         $.00005 per share."

         THIRD: That in lieu of a meeting and vote of stockholders, the holders
of outstanding shares of Common Stock having not less than the minimum number of
votes which would be necessary to authorize or take such action at a meeting at
which all shares entitled to vote thereon were present and voted have given
their written consent to said amendment in accordance with the provisions of
Section 228 of the General Corporation Law of the State of Delaware.

         FOURTH: That the aforesaid amendments were duly adopted in accordance
with the applicable provisions of Section 242 and Section 228 of the General
Corporation Law of the State of Delaware.
<PAGE>

         IN WITNESS WHEREOF, the Corporation has caused this Certificate to be
signed by James Fallacaro, its President, this 9th day of December, 1999.


                                             INDEPENDENT MUSIC GROUP, INC.


                                             By: /s/ James Fallacaro
                                                 -------------------------------
                                                 James Fallacaro, President
                                                 Director and Chairman of
                                                 Independent Music Group,
                                                 Inc.

                                        2
#### Patrick Lyons et al., Appellants, v Richard DeNise et al., Respondents, et al., Defendants.

[987 NYS2d 156]

Order, Supreme Court, Bronx County (Stanley Green, J.), entered February 25, 2013, which, to the extent appealed from as limited by the briefs, granted defendants-respondents’ (defendants) motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Defendants made a prima facie showing of their entitlement to judgment as a matter of law by submitting their expert radiologist’s affirmation, which explained that defendant radiologist’s interpretation of a July 2008 Doppler study was within good and accepted medical practice and was not a proximate cause of the delay in plaintiff Patrick Lyons’s cancer diagnosis *(see Alvarez v Prospect Hosp.,*68 NY2d 320, 325 [1986]). Further, defendants’ expert showed that since the study encompassed Patrick’s upper leg, defendant radiologist could not have detected the cancer later diagnosed in the calf *(see Foster-Sturrup v Long,*95 AD3d 726, 728 [1st Dept 2012]).

In opposition, plaintiffs failed to raise a triable issue of fact that any abnormality their expert radiologist found in the Doppler study was related to the cancer in Patrick’s lower left leg. Indeed, plaintiffs’ expert radiologist failed to indicate where the alleged abnormality appeared on Patrick’s left leg *(see Carlton v St. Barnabas Hosp.,*91 AD3d 561, 562 [1st Dept 2012]). *555Furthermore, the record contains no evidence that defendant radiologist’s alleged misreading of the Doppler study of Patrick’s upper left leg was a substantial factor in the delay in the cancer diagnosis of the lower left leg *(see Dockery v Sprecher,*68 AD3d 1043, 1046 [2d Dept 2009], *lv denied*17 NY3d 704 [2011]).

Concur — Sweeny, J.E, Renwick, Andrias, Richter and Kapnick, JJ.
1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 44956

STATE OF IDAHO,

Plaintiff-Respondent,

v.

KATIE MARIE BEASLEY,

Defendant-Appellant.

)

)

)

)

)

)

)

)

)

)

2017 Unpublished Opinion No. 667

Filed: December 14, 2017

Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada

County. Hon. Steven J. Hippler, District Judge. 

Judgment of conviction and unified sentence of four years, with a minimum 

period of confinement of one year, for possession of methamphetamine, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Andrea W. Reynolds, 

Deputy Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney 

General, Boise, for respondent. 

________________________________________________

Before GUTIERREZ, Judge; HUSKEY, Judge;

and LORELLO, Judge

________________________________________________

PER CURIAM

Katie Marie Beasley was found guilty of possession of methamphetamine, Idaho Code

§ 37-2732(C). The district court imposed a unified sentence of four years, with a minimum 

period of confinement of one year, suspended the sentence and placed Beasley on probation. 

Beasley appeals, contending that her sentence is excessive.

Sentencing is a matter for the trial court’s discretion. Both our standard of review and the 

factors to be considered in evaluating the reasonableness of the sentence are well established and 

need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-

15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 
2

1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing 

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver, 144 Idaho 

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record 

in this case, we cannot say that the district court abused its discretion.

Therefore, Beasley’s judgment of conviction and sentence are affirmed.
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 Energy

###### Federal Energy Regulatory Commission

          - [Docket No. EL18-14-000]

                    On October 19, 2017, the Commission issued an order in Docket No. EL18-14-000, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C. 824e (2012), instituting an investigation into whether the formula rate protocols of Midwest Power Transmission Arkansas, LLC may be unjust, unreasonable, unduly discriminatory or preferential.                     *Midwest Power                               ( print page 49606)                            Transmission Arkansas, LLC,*                     161 FERC 61,051 (201X).                

                    The refund effective date in Docket No. EL18-14-000, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the                     **Federal Register**                    .                

Any interested person desiring to be heard in Docket No. EL18-14-000 must file a notice of intervention or motion to intervene, as appropriate, with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rule 214 of the Commission's Rules of Practice and Procedure, 18 CFR 385.214, within 21 days of the date of issuance of the order.

Dated: October 19, 2017.

Nathaniel J. Davis, Sr.,

Deputy Secretary.

[FR Doc. 2017-23293 Filed 10-25-17; 8:45 am]

 BILLING CODE 6717-01-P
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 21

- 0466 STATE OF MONTANA,

Plaintiff and Appellee, v. RYAN HUNTER ZITNIK,

Defendant and Appellant.

**GRANT** Pursuant to authority granted under Mont. R. App. P. 26(1), the Appellant is given an extension of time until January 28, 2022, to prepare, file, and serve the Appellant’s opening brief.

Electronically signed by: Bowen Greenwood Clerk of the Supreme Court December 16 2021

12/16/2021

Case Number: DA 21-0466
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
consolidated Balance Sheet of AOA Holding LLC and Subsidiaries as of March 31,
2000 and the related Statements of Operations and Cash Flows and is qualified in
its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER>  1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                           1,732
<SECURITIES>                                     3,472
<RECEIVABLES>                                   13,209
<ALLOWANCES>                                    (1,234)
<INVENTORY>                                        487
<CURRENT-ASSETS>                                21,771
<PP&E>                                         129,144
<DEPRECIATION>                                 (70,538)
<TOTAL-ASSETS>                                 111,358
<CURRENT-LIABILITIES>                            7,766
<BONDS>                                        197,136
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (101,033)
<TOTAL-LIABILITY-AND-EQUITY>                   111,358
<SALES>                                         15,877
<TOTAL-REVENUES>                                15,877
<CGS>                                                0
<TOTAL-COSTS>                                    9,541
<OTHER-EXPENSES>                                 1,676
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,680
<INCOME-PRETAX>                                     (7)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                 (7)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        (7)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
I 

111TH CONGRESS 

1ST SESSION H. R. 3334 

To amend the Public Health Service Act to direct the Secretary of Health 

and Human Services, acting through the Center for Health Statistics, 

to allocate such sums as may be necessary for the collection of statistics 

from enhanced birth certificates. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2009 

Mr. COHEN introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through 

the Center for Health Statistics, to allocate such sums 

as may be necessary for the collection of statistics from 

enhanced birth certificates. 

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 ‘‘Enhanced Birth Cer5 tificate Research Act of 2009’’. 


wwoods2 on DSK1DXX6B1PROD with BILLS
2 

•HR 3334 IH

1 SEC. 2. COLLECTION OF STATISTICS FROM ENHANCED 

2 BIRTH CERTIFICATES. 

3 Subsection (n) of section 306 of the Public Health 

4 Service Act (42 U.S.C. 242k) is amended by adding at 

5 the end the following: 

6 ‘‘(4) Of the amount appropriated for the Center each 

7 fiscal year, the Secretary, acting through the Center, shall 

8 use such funds as may be necessary to collect statistics 

9 from enhanced birth certificates. In carrying out the pre10 ceding sentence, the Secretary shall give priority to col11 lecting statistics on infant mortality.’’. 

Æ 


wwoods2 on DSK1DXX6B1PROD with BILLS
|                                                                                          |   |                                                                                                                                                                                                                                                                        |
|-----------------------------------------------------------------------------------------------|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Date:           February      11, 2008 |   | /s/      MICHAEL R. HAYNES                                                                                                                                                                                                                                                  |
|                                                                                          |   | Michael      R. Haynes                                                                                                                                                                                                                                                      |
|                                                                                          |   | Chief      Executive Officer                                                                                                                                                                                                                                                |
|                                                                                          |   |                                                                                                                                                                                                                                                                        |
|                                                                                          |   | A      signed original of this written statement required by Section 906 has been      provided to Collectors Universe, Inc. and will be retained by Collectors      Universe, Inc. and furnished to the Securities and Exchange Commission or      its staff upon request. |
----

----

| (1) | The Quarterly Report on Form 10-Q for the period ending June 30, 2010 of FindEx.com, Inc. (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 FindEx.com, Inc. |
|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | By:    | /s/ Steven Malone                                      |
|--------|--------|--------------------------------------------------------|
|   |   | Steven Malone                                          |
|   |   | President                                              |
|   |   | Chief Executive Officer (Principal Executive Officer)  |
|   |   | Chief Financial Officer (Principal Accounting Officer) |

----

----
---

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          

In connection with the annual
report of China Marketing Media Holdings, Inc. (the Company) on Form 10-K for
the period ended December 31, 2010 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Zhen Zhen Peri, Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 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 result of
operations of the Company.

| | /s/Zhen Zhen Peri      
| | -----------------------
| | Zhen Zhen Peri         
| | Chief Financial Officer

March 31, 2011

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

The forgoing certification is being furnished to the Securities
and Exchange Commission pursuant to § 18 U.S.C. Section 1350. It is not being
filed for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, and is not to be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless of any general
incorporation language in such filing.

---