alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Clemon Jones, Petitioner, v Brian Fischer, as Commissioner of Corrections and Community Supervision, et al., Respondents.

[3 NYS3d 641]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner *1218of Corrections and Community Supervision which placed petitioner in involuntary protective custody.

Petitioner commenced this CPLR article 78 proceeding challenging an administrative determination directing that he be placed in involuntary protective custody (hereinafter IPC). Although petitioner has been transferred to another correctional facility and is no longer in IPC, his challenge to the IPC determination remains justiciable insofar as he seeks expungement of such determination from his institutional record *(see Matter of Hynes v Fischer,*101 AD3d 1188, 1189 [2012]). To that end, our review of the record establishes that the IPC recommendation and the testimony at the hearing, including that of petitioner, provide substantial evidence to support the determination *(see Matter of Ortiz v Simmons,*67 AD3d 1208, 1209-1210 [2009]; *Matter of Dawes v Fischer,*53 AD3d 902, 903 [2008]). Contrary to petitioner’s contention, the Hearing Officer was not required to assess the reliability of the statements made by the inmate who threatened petitioner’s safety. Such statements, which were relayed through the testimony of the correction officer who investigated the incident, were not confidential *(see Matter of Moore v Rabideau,*250 AD2d 1008, 1009 [1998]) and, in any event, the information regarding the nature and basis for the threat was corroborated by petitioner’s own testimony. To the extent that petitioner asserts that the Hearing Officer was precluded from acting as the Hearing Officer given his involvement in the related disciplinary matter resulting from the confrontation between petitioner and the inmate who threatened him, this issue is unpreserved as he failed to raise it at the hearing *(see Matter of Boswell v Coombe,*231 AD2d 940, 940 [1996]).

McCarthy, J.P., Garry, Devine and Clark, JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed.
EXHIBIT 10.29
 LOAN AGREEMENT
 
 
 
 
    LETTERS OF CREDIT.
 LETTER OF CREDIT FEES.




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##### 



REPRESENTATIONS. Accurate Information. Authorization; Non-Contravention. Asset Ownership. Discharge of Liens and Taxes. Sufficiency of Capital. Compliance with Laws. Organization and Authority. No Litigation. Indemnity.
  Page 2




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##### 



AFFIRMATIVE COVENANTS. Access to Books
and Records. Business Continuity. Certificate
of Full Compliance From Accountant. Compliance with Other Agreements. Estoppel Certificate. Insurance Maintain Properties. Notice of Default and Other Notices. Notice of Default. Other Notices. Other Financial Information. Payment of Debts. Reports and Proxies.
 NEGATIVE COVENANTS. Default on
Other Contracts or Obligations. Government Intervention. Judgment Entered. Retire or
Repurchase Capital Stock.
  Page 3




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##### 



ANNUAL FINANCIAL STATEMENTS.
 PERIODIC FINANCIAL STATEMENTS.
 FINANCIAL COVENANTS. Total Liabilities to Tangible Net Worth Ratio. Current Ratio.
 CONDITIONS PRECEDENT. Letter of Credit Documents. Additional Documents.
  Page 4




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##### 



IN WITNESS WHEREOF
 eResearch Technology, Inc.By:
    
    /s/ Steven M. Eisenstein
    
    (SEAL)Steven M. Eisenstein, Vice President and ControllereRT Investment CorporationBy:
    
    /s/ Steven M. Eisenstein
    
    (SEAL)Steven M. Eisenstein, Vice PresidenteRT Tech CorporationBy:
    
    /s/ Steven M. Eisenstein
    
    (SEAL)Steven M. Eisenstein, Vice PresidentWachovia Bank, National AssociationBy:
    
    /s/ Dante J. Bucci
    
    (SEAL)Dante J. Bucci, Senior Vice President
 
  Page 5
[No. 34019-4-II.

Division Two.

August 21, 2007.]

#### The State of Washington, *Respondent,*v. Fred Irvine Leffler, *Appellant.*

The opinion in the above captioned case, which appeared in the advance sheets at 140 Wn. App. 223-33, has not been published in this permanent bound volume pursuant to an order of the Court of Appeals dated December 18, 2007 granting reconsideration, withdrawing the opinion, and substituting a new opinion. See 142 Wn. App. 175.
<TABLE> <S> <C>

<ARTICLE>      5
<LEGEND>       THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL  INFORMA
               EXTRACTED FROM  THE QUARTERLY REPORT PURSUANT  TO SEC
               13 OR 15(d) OF THE SECURITIES  EXCHANGE  ACT  OF 1934
               THE QUARTERLY PERIOD ENDED MARCH 31, 1999.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                                              <C>
<PERIOD-TYPE>                                    3-MOS
<FISCAL-YEAR-END>                                DEC-31-1999
<PERIOD-START>                                   JAN-01-1999
<PERIOD-END>                                     MAR-31-1999
<CASH>                                             28,837
<SECURITIES>                                       15,177
<RECEIVABLES>                                       6,868
<ALLOWANCES>                                          554
<INVENTORY>                                        10,435
<CURRENT-ASSETS>                                   61,353
<PP&E>                                              7,094
<DEPRECIATION>                                     (2,650)
<TOTAL-ASSETS>                                     67,934
<CURRENT-LIABILITIES>                              19,043
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                               20
<OTHER-SE>                                         46,847
<TOTAL-LIABILITY-AND-EQUITY>                       67,934
<SALES>                                            67,803
<TOTAL-REVENUES>                                   67,803
<CGS>                                              61,698
<TOTAL-COSTS>                                      73,872
<OTHER-EXPENSES>                                        0
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                      0
<INCOME-PRETAX>                                    (5,525)
<INCOME-TAX>                                            0
<INCOME-CONTINUING>                                (5,525)
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                       (5,525)
<EPS-PRIMARY>                                       (0.28)
<EPS-DILUTED>                                       (0.28)
 
        

</TABLE>
| Commercial        Loans RE Mtges.Other LoansOwned        AssetsJudgmentsSecuritiesOther        Assets27.4%    33.2%2.7%19.3%3.1%1.9%12.4%
                      Source: Reports from FDIC Division of Finance

Back to Chart
 19851986198719881989Other168419322177    20953143Liquidation33184586440033714141    Supervision21232299    252125942903    RTC1516Total712588179098806011703

                      Source: FDIC, 1989 Annual Report

Back          to Chart

1-4 Family        Mtges.Other        Mtges.Other LoansOwned        AssetsCash/SecuritiesOther        Assets30.3%    25.9%6.4%12.9%17.5%7.0%
                      Source: RTC August 1989/September 1995 Statistical abstract

Back to Chart

  |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
#### In Re: Keith DOUGHERTY, Petitioner.

No. 10-2201.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 18, 2011.

Decided: Jan. 25, 2011.

Keith Dougherty, Petitioner Pro Se.

Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Keith Dougherty petitions for a writ of mandamus seeking an order from this court directing the district court to permit Dougherty to represent the legal interests of his limited liability company in the federal district court for the District of Maryland. We conclude that Dougherty is not entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. *Kerr v. U.S. Dist. Court,*426 U.S. 894, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); *United States v. Moussaoui,*833 F.3d 509, 516-17 (4th Cir.2003). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. *In re First Fed. Sav. & Loan Ass’n,*860 F.2d 135, 138 (4th Cir.1988). The relief sought by Dougherty is simply not available by way of mandamus.* Accordingly, we deny the petition for a writ of mandamus. We further deny Dougherty’s motion to supplement the record on appeal. 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.

*PETITION DENIED.*

*

 To *the*extent that Dougherty seeks review of the district court’s order remanding this case to state court, we are statutorily prohibited from reviewing that order because it was based on defects in the removal process. *See*28 U.S.C. § 1447(c), (d) (2006); *Quackenbush v. Allstate Ins. Co.,*517 U.S. 706, 711-12, 116 S.Ct. 1712, 135 L.Ed.2d 1 (1996).
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350**

 

**AS ADOPTED PURSUANT TO SECTION 906 OFTHE SARBANES OXLEY ACT OF 2002**

 

In connectionwith the Quarterly Report of Euramax International, Inc. (the “Company”)on Form 10-Q/A for the period ending September 26, 2003 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,R. Scott Vansant, Chief Financial Officer of the Company, certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to section 906 ofthe Sarbanes-Oxley Act of 2002, that:

 

(1)                                  theReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2)                                  theinformation contained in the Report fairly presents, in all material respects,the financial position and results of operations of the Company.

 

 
| /s/  R. SCOTT VANSANT             |   |
|----------------------------------------|--------|
| R. Scott  Vansant                      |
| Chief  Financial Officer and Secretary |
| February 20,  2004                     |

 

----
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 the Interior

###### Bureau of Land Management 

          - [CO-01-600-1919-241A] 

# AGENCY:

Bureau of Land Management, Interior. 

# ACTION:

Notice of meeting.

# SUMMARY:

The next meeting of the Northwest Colorado Resource Advisory Council will be held on Thursday, March 15, and Friday, March 16, 2001, at the Bureau of Land Management Grand Junction Office, Grand Junction, Colorado. 

# DATES:

Thursday, March 15, and Friday, March 16 , 2001.

# ADDRESSES:

For further information, contact Lynn Barclay, Bureau of Land Management (BLM), 455 Emerson Street, Craig, Colorado 81625; Telephone (970) 826-5096. 

# SUPPLEMENTAL INFORMATION:

The Northwest Resource Advisory Council (RAC) will meet on Thursday, March 15, 2001, and Friday, March 16, 2001, at the Bureau of Land Management Grand Junction Office, 2815 H Road, Grand Junction, Colorado 81506. The meeting will start at 1 p.m. on Thursday, March 15, ending at 4:30 p.m. that same day. The meeting will reconvene Friday, March 16 at 9 a.m. ending at 4 p.m. Discussion will include fire management and funding, Colorado Canyons National Conservation Area/Black Ridge Wilderness, weed management, RAC operations and general program updates. 

The meeting is open to the public. Interested persons may make oral statements at the meetings or submit written statements at the meeting. Time for public comment will be at 4 p.m., Thursday, March 15, 2001. Per-person time limits for oral statements may be set to allow all interested persons an opportunity to speak. 

Summary minutes of council meetings are maintained at the Bureau of Land Management Offices in Craig and Grand Junction, Colorado. They are available for public inspection and reproduction during regular business hours within thirty (30) days following the meeting. 

Dated: February 6, 2001.

Mark Stiles, 

Western Slope Center Manager.

[FR Doc. 01-4876 Filed 2-26-01; 8:45 am] 

BILLING CODE 4310-JB-P
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2746 Engrossed in House (EH)]

103d CONGRESS

  1st Session

                               H. R. 2746

_______________________________________________________________________

                                 AN ACT

  To amend the White House Conference on Small Business Authorization 
                                  Act.

103d CONGRESS
  1st Session
                                H. R. 2746

_______________________________________________________________________

                                 AN ACT

 
  To amend the White House Conference on Small Business Authorization 
                                  Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the White House Conference on Small Business Authorization Act (15 
U.S.C. 631 note) is amended--
            (1) in section 2 by striking from subsection (a) ``not 
        earlier than January 1, 1994, and not later than April 1, 
        1994'' and by inserting in lieu thereof ``not earlier than May 
        1, 1995, and not later than September 30, 1995'';
            (2) in section 2 by striking from subsection (a) ``December 
        1, 1992'' and by inserting in lieu thereof ``March 1, 1994'';
            (3) in section 5 by striking the second sentence of 
        subsection (a) and by inserting in lieu thereof the following: 
        ``Subsequent to the date of enactment of this Act, but not 
        later than 30 days after the date of enactment of this Act, the 
        President shall select and appoint eleven individuals to the 
        Commission.''; and
            (4) in section 9 by striking from subsection (a) 
        ``$5,000,000'' and by inserting in lieu thereof ``$7,000,000''.

            Passed the House of Representatives August 2, 1993.

            Attest:

                                                                 Clerk.
```
$24,881,090.30
    
    March 31, 2008 (the Effective Date)
  Schedule 1 Borrower Borrowers TLC FCMC Bank Forbearance Agreement Existing Note
 Note
   PROMISE TO PAY
 Principal Sum




---



##### 



INTEREST
   MANNER OF PAYMENT; PRINCIPAL BALANCE
   SECURITY
  DEFAULT
  GENERAL PROVISIONS
  2




---



##### 



3




---



##### 



[SIGNATURE PAGE FOLLOWS]
 4




---



##### 



BORROWERS:Each Borrower listed on Schedule 1 attached hereto:By:
    
    /s/ Alexander Gordon JardinName: Alexander Gordon Jardin
Title: Chief Executive Officer, as an authorized officer of,
and on behalf of, each such Borrower listed on Schedule 1
attached hereto
 THE OBLIGATIONS OF THE BORROWERS UNDER THIS SECOND AMENDED AND RESTATED PROMISSORY NOTE ARE
GUARANTEED BY FRANKLIN CREDIT MANAGEMENT CORPORATION PURSUANT TO A GUARANTY DATED DECEMBER 28, 2007
IN FAVOR OF THE HUNTINGTON NATIONAL BANK.
 REAFFIRMATION AND CONSENT OF GUARANTOR
 Bank
 FRANKLIN CREDIT MANAGEMENT CORPORATIONBy:
    
    /s/ Thomas J. AxonName:   Thomas J. Axon
Title: President
 Signature Page to Second Amended and Restated Promissory Note (B-3 Note)




---



##### 



SCHEDULE 1
    
    Tribeca Subsidiaries
 
 1




---



##### 



SCHEDULE 1
    
    Tribeca Subsidiaries
 
 2
| Commercial        Loans Mortgage        LoansREOJudgmentsSecuritiesOther AssetsEquity in SubsDeficiencies17.1%    22.0%7.3%4.9%9.8%12.2%24.4%2.4%
                      Source: Reports from FDIC Division of Finance

Back to Chart
 19931994199519961997Other4,584    4,4624,1114,7604,150Liquidation5,6653,7963,0551,8191,093    Supervision    3,9713,3692,6232,5722,550    RTC    6,7785,8992,067Total20,99817,52611,8569,1517,793

                      Source: FDIC, 1997 Annual Report

Back          to Chart |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
# Percent Positive - User Note

# FY2022Q4
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS FOR THE QUARTER ENDED MARCH 31, 1997 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
<MULTIPLIER> 1
<CURRENCY> U.S. Dollars 
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                          21,283
<SECURITIES>                                         0
<RECEIVABLES>                                  947,347
<ALLOWANCES>                                         0
<INVENTORY>                                     13,038
<CURRENT-ASSETS>                             1,056,142
<PP&E>                                         386,192
<DEPRECIATION>                                 190,868
<TOTAL-ASSETS>                               4,031,756
<CURRENT-LIABILITIES>                        3,763,795
<BONDS>                                        923,404
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    750,000
<COMMON>                                         5,402
<OTHER-SE>                                   1,410,845
<TOTAL-LIABILITY-AND-EQUITY>                 4,031,756
<SALES>                                        751,014
<TOTAL-REVENUES>                               751,014
<CGS>                                          451,328
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               764,238
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              63,302
<INCOME-PRETAX>                              (527,845)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (527,845)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (527,845)
<EPS-PRIMARY>                                   (0.18)
<EPS-DILUTED>                                   (0.18)
        

</TABLE>
Exhibit













July 14, 2020


Re:     Temporary Base Salary Reduction
 
Dear Suri:
 
In response to the continuing COVID-19 global pandemic, this letter confirms our agreement regarding a voluntary reduction in Base Salary payable pursuant to the Amended and Restated Executive Employment Agreement, effective as of February 9, 2018, as amended, between yourself and ARC Document Solutions, Inc. (“ARC”) (collectively, the “Executive Agreement”) on terms set forth below.  (Terms not otherwise defined in this letter shall have the meaning ascribed to them in the Executive Agreement.)
 
		
	1.
	Effective as of July 5, 2020, Base Salary payable under the Executive Agreement shall be voluntarily reduced by forty-five percent (45%) (the “Base Salary Reduction”) until further agreement between the parties to the Executive Agreement (the “Effective Period”).  




		
	2.
	Notwithstanding anything to the contrary contained in this letter, if your employment with ARC is terminated by ARC without Cause or by you for Good Reason during the Effective Period, any severance benefits payment to you under the Executive Agreement shall be calculated based on the amount of Base Salary set forth in Section 3(a) of the Executive Agreement, without taking into account the Base Salary Reduction.  




Except as specifically amended by this letter, the Executive Agreement remains in full force and effect without modification.
 
Please confirm your acknowledgement and agreement with the foregoing by signing where indicated below.
 


Very truly yours,
        
ARC Document Solutions, Inc.


/s/ Dilantha Wijesuriya________
Dilantha Wijesuriya
Chief Operating Officer


ACKNOWLEDGED AND AGREED:
 
	
	
	 

	/s/ Kumarakulasingam Suriyakumar     

	By:  Kumarakulasingam Suriyakumar










12657 Alcosta Blvd., Suite 200     San Ramon, CA 94583     925-949-5100     www.e-arc.com