A Batavia man admitted in Genesee County Court this morning that on Aug. 31, he got drunk, got mad and wound up hurting his own 4-year-old son after he threw a chair at another person, striking his son instead.

James S. Nottingham Sr., pled guilty to attempted assault 3rd, DWI and aggravated unlicensed operation.

The attempted assault charge requires the prosecution to prove that Nottingham intended to hurt another person. Judge Robert Noonan made sure that Nottingham understood his right at trial to use his intoxication as possible proof that he wasn't aware that his actions might cause serious injury.

The charge is a felony and serves as his second felony for purposes of sentencing.

Nottingham, 30, who finished ninth-grade, admitted to a felony count of criminal mischief in 2005. He also had a DWI conviction in Batavia City Court last year.

Attorney Gary Horton asked to have Nottingham released under supervision, but Noonan denied his request and continued his bail.

In the Aug. 31 incident, Nottingham said he threw the chair at Warren Cotton.

Michael A. Jamil, 26, of 10 Prospect Ave., Batavia, is charged with following too closely, aggravated unlicensed operation 3rd, uninspected motor vehicle and unauthorized use of a vehicle 3rd. Jamil was arrested following a three-car accident at 11:40 a.m. Thursday. Jamil was reportedly driving westbound on Main Street and struck another car, which pushed that car into a third vehicle. A passenger in one of the vehicles, Amber L. Blanco, 19, was transported by ambulance to UMMC, complaining of abdomenal pain. Further investigation by Officer Jason Davis revealed that Jamil allegedly took the vehicle he was driving without the owner's permission.

Cole Y. Holstein, 25, of 2129 Angling Road, Pembroke, is charged with unlawful dealing with a minor. Holstein is accused of hosting a large underage drinking party. He was arrested at 12:30 this morning.

Jenna J. Condoluci, 19, of 230-A W. State St., Albion, is charged with petit larceny. Condoluci was arrested on a failure to appear warrant out of Batavia City Court after she had been scheduled for arraignment on Jan. 5 on a petit larceny charge. Condoluci was in Monroe County Jail on an unrelated charge and was taken into custody by Officer Kevin Defelice upon her release. Condoluci was jailed on $500 bail.

Stephen C. Hawley, 22, of 775 Main St., Apt. 509, Buffalo, is charged with DWI, aggravated DWI (operating with a BAC of .08 or greater), operating on median, speed not reasonable and prudent. Hawley was taken into cusody following a property damage accident near the intersection of East Main Street and Clinton Street. Hawley allegedly made a left-hand turn onto Clinton, driving onto the median and striking a pedestrian crossing light pole. Neither Hawley nor his female passenger were injured in the accident.

Michael R. Malicki, 19, of 9620 Vermont View Road, Machias, is charged with unlawful possession of marijuana. Malicki was arrested at 1:07 a.m. Saturday, by Officer Frank Klimjack.

Tammy Jean Wolfley, 41, of 3021 Sprague Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in no passing zone, and throwing refuse on a highway. Wolfley was arrested at 3:21 a.m. Sunday, following a traffic stop by Deputy Jason Saile.

Bradley C. Frederick, 47, of 500 Walnut St., Lockport, is charged with DWI, driving with a BAC of .08 or greater, speeding (67 mph in 40 mph zone). Frederick was stopped by Deputy Tim Wescott at 8:40 p.m. Friday, or allegedly failing to dim headlines and speeding on Route 63 in Alabama.

Wayne M. Smith, 59, of 9780 Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater and driving with no or inadequate headlights. Smith was stopped at 10:44 p.m. Friday, by Deputy James Diehl on West Main Street Road, Batavia.

Accidents from the State Police blotter:

1:27 p.m. Feb. 20, Walmart parking lot, Batavia, two vehicles; Driver 1: Daniel W. Shea, 49, of Batavia; Driver 2: Lloyd E. Hall, 56, Le Roy. No injuries reported.

A two-car accident with injuries has been reported in the area of 72 River St., City of Batavia.

City Fire and Mercy EMS are responding. City Police, on scene.

UPDATE 7:10 p.m.: Mercy EMS reports, one patient.

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The Farmworker Fair Labor Practices Act, also known in these parts as the "farm death bill," will be the subject of a public hearing March 1 by the State Senate Agriculture Committee.

Sen. Darrel Aubertine (D-48) chairs the ag committee and requested the hearing after the bill, S-2247-B, passed the Senate's labor committee.

Aubertine told the Syracuse Post-Standard:

“This hearing will enable us for the first time as a committee to listen to the concerns of both the advocates for this bill and the farmers who will bear the responsibility of adhering to its new regulations,” said committee Chair Sen. Darrel Aubertine.

“We need to better assess the impact of this bill and be sure that we have the facts regarding how this bill will affect our economy, our farm workers and our family farms. We’ve lost more than a farm a day in New York State over the past 30 years and there’s no question that we cannot afford to lose another industry, especially agriculture, which is a cornerstone of our economy,” he said.

Opponents of the bill say it will devastate New York's 35,000 family farms, driving up costs and causing many farm workers to earn less.

The bill could also increase the costs of farm goods for consumers.

In an e-mail, Aubertine invited interested parties to submit testimony on the bill, which he said subjects farmers to new, complex mandates presenting a yet-undetermined impact on New York's food supply.

About the hearing, Aubertine wrote:

The Agriculture Committee will be hearing testimony on the proposed Farmworker Fair Labor Practices Act on March 1st in Hearing Room A of the Legislative Office Building. While there is limited availability to provide oral testimony, I encourage you to share written testimony with the committee. If you would like to provide testimony on this topic, please contact Sarah Blood, Senate Agriculture Committee Director, at 518-455-2761 or blood@senate.ny.us by February 26. Please also provide a copy of your testimony to the committee no later than February 26. The Hearing will be streamed live via the the Senate Website starting at 9:00 AM.   

According to Wikipedia, Aubertine is a dairy farmer. He represents a primarily Republican, agriculture district. He is the only working farmer currently in the Senate.

A snowmobiler in the area of Colby Road and Route 20 in Darien has reported finding a tractor on fire in a manure pile.

Darien Fire is being dispatched.

UPDATE: Darien chief reports a loader fully involved.  The fire is behind a barn where Darien had a hay bale fire a few years ago.

UPDATE 11:00 a.m.: Darien command reports the fire is knocked down. They're waiting on another tractor to pull the loader from the pile.

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Sunday should bring some sun, with highs hitting 31. Enjoy it while you can. There's an 80-percent chance of snow on Monday afternoon. While Monday's temperature could hit 35, winds might top out at 35 mph.

We can look forward to highs in the mid 30s on Tuesday and Wednesday with some chance of rain or snow showers, and maybe some patches of snow.

Photo: The silo above is located on Asbury Road in Le Roy. The photo was shot late Saturday afternoon.

About a dozen boys and girls donned caps and coats, put away their cubbies and prepared to go home after class Friday morning at Le Roy Nursery School. They're in the pre-kindergarten program, which prepares them for a structured learning environment.

They were surprisingly quiet and orderly and then sat on the large carpet at the front of the room to sing the goodbye song with Teacher Debbie Chipre, who has taught a generation of children. She's been there for 20 years.

They clapped their hands, winked an eye and sang that is was time to say goodbye.

"On Monday we're going to learn about the letter L," Chipre said. "So don't forget to wear your Le Roy school shirt!"

She was assisted by Teacher Robyn Falcone, who's taught there for six years.

Both women are proud of the program offered, which teaches basics: letters and numbers; small-muscle coordination (such as using tiny scissors); age-appropriate social and self-help skills; how to write their name; even some Spanish and sign language. Chipre and Falcone also sometimes spot a potential problem area, such as speech or a physical limitation, so it can be addressed before they enter kindergarten.

The pre-K program consists of three half-days, Monday, Wednesday and Friday for preschoolers up to age 6. Nursery school is half-days Tuesday and Thursday for potty-trained tykes, age 2-ish. Each program is limited to 20 students.

"We primarily serve local kids -- we want to give these kids a fighting chance to succeed," said parent Russell Western, a native of England who moved to the United States 10 years ago and serves as the school's vice president in charge of scholarship funding.

What really sets Le Roy Nursery School apart from others is that it's a nonprofit with a seven-member board of directors made up of parent volunteers who oversee all aspects of the school charter. The school opened in 1963 and gets not a dime of public aid.

Melissa Cone is the parent representative and has three children, the youngest of which, 5-year-old Lydia, is currently enrolled there. She said the essence of the school is oversight by parents for the benefit of children and betterment of the community.

Those who attend Le Roy Nursery School will eventually go to Wolcott Street School and then on to Le Roy Central School. One of the developments that has put a financial strain on Le Roy school, is the implementation of a pre-K program at Wolcott.

Now in its second year, the program is five days a week with "half-day" sessions, either two and a half hours in the mornings or afternoons. Western said the school district views Le Roy Nursery School as a viable option for families, not as competition.

But he thinks the Wolcott program's schedule might be too demanding for some children.

Cipre said her school offers greater flexibility ( you can drop off your child earlier or latter than the schedule if needed due to work conflicts, at no additional charge) and is an easier transition for many preschoolers because they are in a half-day class only three times a week.

Le Roy is considered very reasonable -- $65 a month for pre-K, $50 a month for nursery school. But when enrollment drops off because parents opt for the free, public preschool program, the nonprofit must work that much harder to raise money. The teachers have to be paid, supplies purchased. Lights, heating and rent remain the same.

"We don't get to waste money," Western said.

So throughout the year they stay busy to keep the school open and raise scholarship funds. There's an annual Turkey Trot, a breakfast with the Easter Bunny and Santa Claus at McDonald's, car washes, bake sales, etc. All of the events are intended to be fun for the whole family and welcoming to the community.

Le Roy Nursery School also conducts an annual, general-operating-fund drive in which it directly solicits around 100 local businesses and sponsors. The most recent one raised about $13,000.

Western said scholarships to attend Le Roy Nursery School are available. Those are allocated by the board based on need.

An open house and registration opportunity is scheduled from 6 to 7 p.m. Monday (Feb. 22). On March 28, the community is invited to breakfast with the Easter Bunny at McDonald's in Le Roy. Tickets are $6 to benefit Le Roy Nursery School.

The school is located on the side of the Presbyterian Church, across from the fire station at 7 Clay St. Phone is 768-7700.

I have not posted a blog entry in a while and was feeling it was long overdue. As most of you know I began blogging on The Batavian when I was running for LeRoy Town Council last fall. I continued blogging on The Batavian because it is an excellent forum for which to discuss what is going on in our world.

I am blogging today to announce (in case you haven't heard) that I am running for Trustee in the Village of LeRoy in the local March elections. Many of the issues that I ran on for Town Council are cross over issues that remain valid and important to the Village of LeRoy as well. I have blogged here in the past on most of the campaign issues. Most of you have also already read about my credentials in a past blog. I don't want to waste your valuable time by repeating myself.

The bottom line is that I believe in the Village of LeRoy and its future. I continue to want to be a part of the solutions and not a part of the problems. It is my goal to be YOUR voice on the Village Board! Everyone deserves to be heard and deserves equal representation regardless of any demographic factors. Please feel free to post comments, questions, and concerns here. If you do not feel comfortable with this open forum then feel free to contact me at my new/private campaign e-mail:

Keys4Trustee@rochester.rr.com.

I have begun knocking on your doors in this lovely Western New York in February weather and look forward to knocking on more.

As always, thank you for your time and consideration!

An Oakfield woman suffered non-life-threatening injuries Friday morning when her car slid off Lewiston Road in Alabama, striking a guardrail and utility pole.

The accident report filed by Deputy Loni Nati states that Rebecca L. McDonnell was traveling "at an unsafe speed in slush," but the report does not mention any traffic citations.

The 47-year-old McDonnell, of 4-6 Stevens St., Oakfield, was hurt when her car turned onto its side.

The accident occurred at 7:08 a.m.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

O'Lacy's Irish Pub, 5 School St. Batavia, NY: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.  We have $10 gift certificates for $5 eac

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: The Batavian is able to offer a limited number of reduced price hair cuts for children under 12. Click Here for details of the offer and to purchase vouchers.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here

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A motor-vehicle accident is reported at Route 63 and Peoria Road in Pavilion. A van is on its side. Unjuries, if any, are unknown.

A Pavilion fire engine is responding and Le Roy medic is on scene. The driver is now in the ambulance.

Stafford Fire Department and an engine from the Town of Batavia are being sent to 8282 Pearl Road for a possible chimney fire.

UPDATE 6:13 p.m.: Stafford is on scene and reports nothing is showing. Town of Batavia engine is returning to quarters.

A fire in the engine compartment of a pickup truck prompted Bergen Fire Department to shut down traffic temporarily at 920 Johnson Road, between Apple Tree and O'Brien roads.

Le Roy Fire Department is responding to a report of power lines down in the area of Asbury and Harris roads.

UPDATE 3:45 p.m.: The source of the outage is identified as Niagara Mohawk Power pole no. 9428, which was replaced just last weekend. The cable company is being alerted because the line is arcing into its line.

Lori A. Brickwood-Coles, 31, of 219 Liberty St., Batavia, is charged with criminal contempt 2nd. Brickwood-Coles is accused of violating an order of protection. She was ordered to stay away from the work place of an acquaintance and allegedly did not.

Accidents from the State Police blotter:

2:52 p.m., Feb. 17, Maple St., Alabama, one vehicle; Driver 1: David L. Tyler, 58, of Le Roy. No injuries.

4:17 p.m., Feb. 17, Gabby Road, Pembroke, two vehicles; Driver 1: Tiffany L. George, 23, of Basom; Driver 2: James L. Keyes, 48, of Buffalo. No injuries.

7:32 p.m., Feb. 17, Steven Hawley Drive and Bank St. Road, one vehicle; Driver 1: Kathy A. Saeli, 47, of N. Chili. No injuries.

8:38 p.m., Feb. 17, East Main St., Town of Batavia, one vehicle; Driver 1: Dimitrios G. Manou, 19, of Webster. No injuries.

8:28 p.m., Feb. 16, Route 63, Alabama, one vehicle; Driver 1: Jeffery A. Luxon, 25, of Middleport. No injuries.

Assemblyman Steve Hawley (R,I,C—Batavia) responded thusly to Governor Paterson’s proposal to temporarily withhold state-tax refunds from New York residents.

“This week’s announcement by Governor Paterson that he plans to delay state income-tax refunds is unacceptable and just another prime example of Albany’s inability to manage taxpayer dollars,” Hawley said. “Many families and small businesses depend on receiving their refunds on time in order to make large purchases, which in turn boost their local economy. By withholding these refunds, Albany is adding to the unreasonable financial strain New Yorkers are already being forced to bear.”

The Paterson administration is considering a plan to withhold $500 million dollars in refunds, in order to help close the budget gap. In doing so, the state does not have to pay interest on withholding the tax refunds until 45 days after April 15, giving the state an interest-free loan from taxpayers. According to the governor’s office, tax refunds will be sent to filers no later than the first two weeks of April.

“Taxpayers are mandated to submit their tax returns on time every year or face an interest penalty. If the state is late in paying refunds, why shouldn’t it be forced to pay taxpayers back with interest, too? It is my hope that in the coming days, the governor will reconsider this ill-advised proposal and give taxpayers the refunds they deserve. Otherwise, my advice to New Yorkers is the same that I give to my own family: take more exemptions on your future tax filings because it’s your money to begin with, not their's,” Hawley concluded.

Yo yo, check it out...

When a group of dedicated students and faculty join together to support an important cause, creative things can happen -- especially in the middle of the night.

At the Feb. 5 "All-nighter for Haiti" at Genesee Community College, more than 50 students willingly shared a sleepless night in the Student Union pledging their support for the earthquake-ravaged country.

Under the guidance of Candice S. Faulring, instructor of psychology and faculty advisor to the Gay-Straight Alliance student club, the event not only raised nearly $2,000, it  created a new sense of camaraderie from an array of different student clubs.

"The students were very excited throughout the night and in the end, they just didn't want the positive experience to end with the all-nighter," Faulring said. "We are already planning to make this an annual event, picking a new charitable cause each year. Of all the things I've been involved with at GCC, this is one I'm most proud of."

The event was co-sponsored by the following student clubs and departments: Gay-Straight Alliance, the African-American Student Union, FORUM Players, the Art Club, College Village and Student Activities. Proceeds from "All-nighter for Haiti" will be donated to Yele Haiti and Doctors Without Borders – Haiti.

The students groups worked together to organize the all-night series of different activities that included team-building exercises, movie features, a karaoke contest, ping pong and billiard games, pizza and wings at midnight, comedy, and perhaps most dynamically, the heartwarming, one-hour discussion about Haiti. Students talked about how people around the world, not the least of which includes GCC, are pulling together to help bring the impoverished nation back from the brink of oblivion.

"What was so wonderful was the open, honest conversations that drew the students from very diverse backgrounds and different interests together," Faulring said. "Cohesion like this doesn't happen in just an hour in a classroom setting. New friendships were definitely made that night and those will last long beyond the all-nighter helping Haiti."

Students are looking forward to sharing their experience by posting their photos on Facebook and continuing their communication through the Internet. They are also beginning to plan the next all-nighter this fall.

The term "pulling an all-nighter" may conjure negative images of students cramming for an exam, finishing a paper or working through a double shift. But this "all-nighter" brings to mind students and faculty dedicated to helping people in need. It really means creative collaborations that lead to camaraderie.

For more information please contact Candice Faulring, instructor of psychology at Genesee Community College at 343-0055 x6295 or email csfaulring@genesee.edu.

Peter H. Scrooby is officially persona non grata at Darien Lake Theme Park after reaching a deal with the Genesee County District Attorney's office over his July 15 disorderly conduct charge.

The 33-year-old Irondequoit resident was accused of violating 240.20 of the state penal code while attending the Kid Rock concert last summer. Tonight in Darien Town Court, he agreed to plead guilty to the charge in exchange for no jail time and no factual admission of being a disorderly person.

Under what is known as the Alfred procedure, the prosecutor recited the evidence against the defendant, who waived his right to a trial and cross-examination by witnesses. It's the same as being convicted by trial.

Scrooby was present with his lawyer, Tom Burns, and wore cream-colored pants, black shoes, a dark-brown jacket, white shirt and a geometric-patterned, olive-green tie. His shoulder-length, light-brown hair appeared uncombed.

Assistant District Attorney Robert Zickl relayed the people's version of things to Justice Gary Graber.

Security guard Kevin Nunn reported that after another security employee made him aware of Scrooby's conduct, he found Scrooby standing on a chair and smoking a cigarette, neither of which are permitted at the concert venue.

Nunn claims he told Scrooby to stop those actions and that Scrooby "seemed to ignore" the directives at first, but did put the cigarette out and seemed about to get down off the chair when Nunn left. Shortly thereafter, Nunn returned to find Scrooby once again smoking a cigarette and standing on his chair. It was then that Scrooby was told to leave and he "indicated he would not leave."

Zickl said with thousands of concertgoers present, the security team aims to handle problems as quickly and efficiently as possible so as not to incite a riot or create more trouble.

"Scrooby had to be carried from the seating area to the gate, screaming profanities," Zickl said. "At the North Gate, where people enter and leave the concert area, a guard said he was kicking and rearing back with his head. He was screaming 'Look what you're doing to me! Can you see what they're doing to me?!'"

Zickl said Scrooby's behavior constituted public inconvenience, annoyance or alarm.

Burns said his client admits smoking and standing on his chair but claims someone came on the loudspeaker and told people to stand on their chairs, which is why he did that. As for Scrooby's behavior while being removed from the concert, Burns said the way his arm was twisted behind his back caused "excruciating pain" and he displayed an "instinctive type of reaction to pain." His client also maintains that there was inappropriate conduct by security personnel.

"We ask as part of this agreement that he not be welcome back at Darien Lake," Zickl said.

Justice Graber OK'd that restriction, fined Scrooby a mandatory surcharge of $125 and ordered bail money be refunded.

Graber said concerts are necessarily more restrictive than other public activities in what can and can't be allowed.

"There's a way to walk out and deal with it later," Graber told Scrooby. "We'll consider this a lesson learned."

NOTE: This story is a follow up to an article we did July 15 about what a night is like in Darien Town Court when a big concert is being held at Darien Lake Theme Park. Scrooby was one of the defendants who came through the court room that night.