After several postponements of his case, Marc Cook was sentenced today to three years in prison following three counts of probation violation. His sentences will be served concurrently, and he'll have post-release supervison.

Cook, 18, of Corfu, violated probation related to prior convictions for a youthful offender case, as well as a conviction for criminal stolen property in the fourth degree and attempted burglary in the second degree (which is considered a violent offense).

He expressed remorse, saying "It's been really hard. I haven't had a lot of guidance in life.  I get afraid, so I use (cocaine and heroine) again. I want to change my life for my newborn baby if you give me the chance."

Judge Robert Noonan acknowledged it hasn't been easy for Cook, saying, "You have had many cases adjourned, some with success, some with failure. Your life is not over, you are a young man with lifelong problems to deal with. Hopefully, you'll find a way to turn your life around after incarceration."

Cook has the choice to appeal within 30 days.

Flags at fire departments throughout Genesee County are flying at half staff today to honor two fallen comrades in Buffalo early Monday.

Buffalo's Lt. Charles W. "Chip" McCarthy Jr. and Firefighter Jonathan S. Croom died in a fire at a deli on Genesee Street, by apparently falling through the floor of the burning building while looking for a possible victim trapped inside.

McCarthy, a 22-year veteran of the department who comes from a family of Buffalo firefighters, is survived by his wife, Terry, three children and a 6-month-old grandchild. Croom, a 10-year veteran, leaves a 9-month-old child and his fiancee; fire officials said he lost a young child a few years ago.

The men and women who worked with McCarthy and Croom remember them as dedicated, professional firefighters.

Declining participation by younger members led to the demise of St. Nick's Social Club, Frank Ferrando told WBTA.

"I think a lot of clubs today find it extremely difficult," Ferrando said. "Over time, losing a lot of our old-time members, the younger members didn't participate in the club as much as needed and you really need that membership participation in order to survive."

Ferrando, a city councilman, is a long-time board member of St. Nick's.

The 400-member club that has occupied its current location on South Swan Street since 1948, hosted the Lion's Club meeting last night as its final official function.

Ferrando also said local charities will lose out on a long-standing source of donations and assistance. (MP3)

T.F. Brown's, at 214 E. Main St., Batavia, N.Y.: 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. When you need to book your next party, think T.F. Brown's. See the ad on the right side of the page for contact information. We have a $20 gift card for $10.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.

Adam Miller Toy & Bicycle, 8 Center St., Batavia, N.Y.: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Total Image Hair Salon/Sarah and Amanda Lowe, 226 Ellicott St., Batavia, NY: Time to update your style? Go for a different look or finally get the hair styling you've dreamed of -- give Sarah or Amanda at Total Image a try. We have a $22 gift certificate for $11.

South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: Always a great place for gifts, South Main just brought in a bunch of new merchandise from the region. We have a $20 gift certificate for $9.

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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14 innings - two games - loads of laughs.

First game was a bust, but the second game was all Muckdogs.  Great game

Homer hamming it up!

Russ and Kelly (playing for the honor of the beer tent)  tossing fake food into the grills for a gift certificate.  Homer cheering them on.

Batavia (32-31) was able to even things back up with State College (32-31) by taking game two of the doubleheader by a score of 4-1.

Scoring started in the 3rd as the Muckdogs plated three.  Travis Mitchell reached on an error and Michael Swinson walked to start things off.  They both came home on a double down the left field line by Devin Goodwin.  Goodwin came in later to score on a single by Kyle Conley.

The Spikes answered with one of their own in the 4th but Batavia scored once more in the 5th to make it a 4-1 final.  Their final run came in as Alan Ahmady walked and came home on Matthew Adams double.

Jesse Simpson went four innings in the start with one run, two hits, two walks and eight strikeouts.  Justin Edwards (3-2, 3.15) followed him, throwing two innings with one hit, one walk and two strikeouts.  Santo Maertz came in the 7th and struck out three to end the game and pick up his 3rd save of the season.

Adams finished 2-for-3 with two doubles and a RBI.  Goodwin went 1-for-3 with a double, two RBI and one run scored.

A newly delivered load of ground up paper and saw dust used for cattle bedding at Zuber Farms was on fire when it came off the delivery truck this evening, according to John Durand, chief of the Byron Volunteer Fire Department.

The fire was reported at the station, where the department had assembled for Monday night training, about 7 o'clock.

Durand said the fire was out in about 10 minutes, but then there was an ongoing task of spreading out the sawdust, wetting it down, spreading it out more and then doing it again. Plus, they had to check it periodically with a thermal camera to ensure the fire was doused.

The process served as good training for his crew, Durand said, and the method his firefighters used helped save most of the $1,500 worth of bedding.

South Byron assisted, in a large part, Durand said, to ensure manpower relief because of the heat of the day.

"Byron and South Byron always work together," Durand said. "Because it's so hot, I wanted the ambulance here in case the heat got to anybody in full turn-out gear and air packs (which they wore) because I didn't want them to breath the paper dust into their lungs."

Audio: MP3 of Interview with Chief Durand.

Initial Reports Below:

Fire units are responding to a reported "small sawdust fire" at Zuber Farms in Byron.

UPDATE: I missed the first alarm on this fire.  It sounds like mutual aid from Wyoming County was called in.  There are tankers being refilled, so I'm not sure how "small" the fire is.

UPDATE: Mixed calls on the Wyoming dispatch. That was for training in Pavilion.  I'll have more on this fire a little later.

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Le Roy public  safety officials are starting the education process for village and town residents about the changes coming to police and fire dispatch.

Starting on Oct. 1, the Le Roy dispatch office will consolidate with the Genesee County dispatch center and the Le Roy office will close.

The dispatch number of 768-2527 will be answered by an automated attendant and callers will be guided through menu choices.

Of course, 9-1-1 will still get callers immediately to an emergency dispatcher.

Here's a message from Chief Chris Hayward:

Effective Thursday, October 1, 2009 the way you contact the Village of LeRoy Government, as well as police, fire, and ambulance will fundamentally change for Village and Town residents.  The Village of LeRoy Dispatch Office will officially close as of that date, and the public safety portion of the dispatch center will be fully consolidated into the Genesee County Emergency 911 center.

-    EFFECTIVE 10/01/09 IF YOU NEED A POLICE OFFICER, THE FIRE DEPARTMENT OR AN AMBULANCE YOU SHOULD DIAL 911.  IF YOU DO CALL 768-2527 YOU WILL BE ABLE TO OBTAIN THESE SERVICES THROUGH AN AUTOMATED ATTENDANT, HOWEVER WE DO ENCOURAGE THE USE OF 911 TO ASSURE IMMEDIATE ASSISTANCE.    

-    768-2527 WILL NO LONGER BE ANSWERED BY A DISPATCHER.  IT WILL BE ROUTED TO AN AUTOMATED ATTENDANT, WHICH WILL PROVIDE YOU WITH MENU CHOICES.  WHILE THERE WILL BE OFFICE PERSONNEL DURING NORMAL BUSINESS HOURS OF MONDAY THRU FRIDAY FROM 8:30 AM TO 4:30PM ALL CALLS TO 768-2527 WILL BE ROUTED TO THE APPROPRIATE OFFICE THROUGH THE AUTOMATED ATTENDANT.   

As with any major change we expect issues to present themselves despite our every effort to make the transition as smooth as possible. We ask for your patience and support during this transitional period. 

For more information on how consolidation may affect you, please go to the Village of LeRoy website at www.villageofleroy.org

A U.S. Senate hearing on dairy prices is scheduled Thursday at 2 p.m at GCC.

Sen. Kirsten Gillibrand, who is chairwoman of the Subcommittee on Domestic and Foreign Marketing, Inspection, and Plant & Animal Health, called the hearing to gather testimony on dairy prices and how government regulations impact pricing and what changes may need to be made.

This is a formal Senate hearing and only invited panelists will be given an opportunity to speak and ask questions, but any member of the public can attend the session. RSVP by contacting Gillibrand's office (see below). Also, anyone can submit written testimony to be included in the official record if received within five days of the hearing.

The panelists providing testimony represent producers, processors and economists.

A letter from Sen. Gillibrand's office lists the panelists:

Panel I – Producers and Processors
 
Barb Hanselman – Barb served on the local Farm Service Agency (FSA) committee and is a candidate for the state FSA committee. She owns a dairy farm in Delaware County and is actively involved in the farming community.
 
Robert Church – Robert is the herd manager of Patterson Farms, a 980 cow farm just west of Auburn, NY. The farm was the first in Cayuga County to complete a voluntary certification through the New York State Cattle Health Assurance Program.
 
Robin Keller – Robin and her husband, Kip, milk 100 cows in Byron, NY. She is the director for the New York Jersey Cattle Club and the President of the Genesee County Farm Bureau. She volunteers with the local 4H and Holstien clubs as well. 
 
Bruce Krupke – Bruce is the Executive Vice President of the Northeast Dairy Foods Association, which is a full-service trade association that includes processors, distributors, cheese and ice cream manufacturers, and producers.
 
Ron McCormick – Ron is a former representative on the National Dairy Board, which develops and administers a coordinated program of dairy promotion, research and nutrition education. They are funded by a 15-cent-per-hundredweight fee levied on all milk marketed commercially by producers.
 
Panel II – Economists and Experts
 
Dean Norton – Dean is a dairy farmer and agricultural consultant from Batavia, and was elected President of New York Farm Bureau in 2008.
 
Andrew Novakovic – Andrew is a professor at Cornell University who specializes in the economics of dairy markets. He is the director of the Cornell Program on Dairy Markets and Policy.
 
Bob Wellington – Bob has represented Agri-Mark at all Federal Order hearings since joining the cooperative in 1989. He serves as a member of the National Milk Producers Federation Federal Order and Price Support Committees and is a director and treasurer of the Council of Northeast Farmer Cooperatives.
 
Kim Pickard-Dudley – Upstate Niagara Co-op is a full-service dairy co-operative located in Western New York and owned by dairy farmers. They operate milk processing plants in Buffalo and Rochester and have a distribution center in Syracuse.

Members of the public who wish to provide testimony can do so in writing:

However, if you have written comments you would like to submit, feel free to bring them to the hearing, where they will be collected at the end, email to: dairyhearing@gillibrand.senate.gov or mail to our Rochester Office at Kenneth B. Keating Federal Office Building, 100 State Street, Room 4195, Rochester, NY 14614. If received within five days of the hearing, these comments will be submitted for the official record.

Gillibrand's office is asking  anybody who wishes to attend to RSVP:     

If you would like to attend the hearing, please RSVP to our Rochester regional office by calling (585) 263-6250 or sending an email to dairyhearing@gillibrand.senate.gov.

Main St. Pizza Company, 206 E. Main St., Batavia, N.Y.: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have four $5 gift certificates ($10 value) that can be used together or separately for $10.

The Enchanted Florist, 202 E. Main St., Batavia, N.Y.: Brighten up your home or office with flowers! We have a $20 gift certificate for $8.50.

Settler's Restaurant, 353 W. Main St., Batavia, N.Y.: Settler's has a 25-year history in Batavia of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Present Tense Books and Gifts, 101 Washington Ave.:  Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

Amelia's Antiques and Collectibles, 5213 E. Main St. (Rte 5), Batavia, N.Y.  In addition to the deal of the day, here's an offer for any customer: "Receive a FREE large primitive beeswax star tart with any purchase." And: Click Here to download an entry form for a drawing to win $75 in merchandise from Amelia's. We have a $20 gift certificate for $8.50.

Eclectic Creations, 625 E. Main St., Batavia, N.Y. Do you like fashionable purses? Maybe a unique watch is more your style. Eclectic Creations a variety of items that you won't find in any other local store. This is a $20 gift certificate for $7.50.

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

SOLD OUT

While this is a sight that is for Batavia and our community, I would think this sad event would know no boundaries. The loss of two professional firefighters in Buffalo this morning stopped me in my tracks. These upstanding and outstanding citizens went to work, like any other day, and they won't be going home to their families at the end of their shift.

As the son, nephew, grandson and great grandson of paid firemen from the city of Rochester, I know the pride these folks put into what they do. And to do the job so unselfishly, with little regard for themselves, makes a day like today so tragic. Please take a moment to pray for the families of these fallen heroes, then give your kids a hug. And thank God that we have such wonderful individuals in our world willing to do the tough jobs. God bless the Buffalo FD, and all firefighters everywhere.

Demon Dillon, one of the three men accused of robbing the M&T Bank in Elba on June 18, is scheduled to appear in court tomorrow at 2:30 p.m.

The court docket lists the appearance as "plea."

When a defendant is scheduled for a plea, that often means his attorney, in this case, Gary Horton, and the District Attorney's office have reached a plea agreement. 

If local farmers are finding it harder to make a living, the cause may not be just a recession cycle.

The industry is changing, and in ways that appear not to be good for farmers, and may ultimately be bad for consumers.

The four largest grocery chains now control more than 36 percent of all food sales in the U.S., according to a GAO report. In 1982, the same chains controlled only 16 percent of the market. They are Wal-Mart, Kroger, Albertsons and Safeway.

At the same time, the share of the food dollar that goes to food producers has declined, and the gap between what consumers pay and what farmers receive has never been bigger.

The consolidation of retail chains has not yet led to higher prices for consumers, but that could change once the advantages of greater efficiency have been wrung out of the market place.

The Government Accountability Office said the gains in efficiency experienced by large firms may begin to diminish, “while market power could continue to increase,” the agency wrote. “In the retail sector, one expert expressed concerns about the effect on food prices in the future if food retailing becomes dominated by a handful of larger chains.”

Two experts counter that the increasing concentration in the food industry has already lowered prices paid to farmers, ranchers and dairy owners.

C. Robert Taylor, an ag economist at Auburn University, and Fred Stokes, executive director of the Organization for Competitive Markets, have asked the Department of Justice to examine this area of the economy for violations of antitrust laws, and it has agreed to open an inquiry.

Town of Batavia Fire Department is being dispatched to a possible structure fire at 3740 Batavia-Oakfield Townline Road.

There is reportedly a smell of electric wire burning in the house.

UPDATE 11:26 a.m.: First responder reports, no flames or smoke showing.

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I go to Dewitt park every morning to walk  I have been walking there twice a day all summer as part of my routine (before and after my knee surgery the end of June) .   I think it's a beautiful park.  Here are a few pics from a recent walk. 

My grandson Christopher came for a walk with me friday morning.

Veiw from the path.

another veiw from the path.

Christopher took this sunny veiw from the dock.

Mirror image.

Stacy R. Bechtold, 31, of 1429 East Drive, Alden, is charged with DWI and criminal impersonation, along with several other charges after being stopped by Sheriff's deputies at 10:29 p.m. Saturday. Bechtold was reportedly seen driving erratically from Alabama to Maltby Road in Oakfield. When stopped, Bechtold allegedly provided deputies with a fake identity and false birth date. It turns out, she reportedly was driving on a suspended license and an outstanding arrest warrant from Monroe County.  Additional charges: Driving with a BAC of .08 or greater, reckless driving, aggravated unlicensed operation, consumption of alcohol in a motor vehicle, failure to notify DMV of an address change, uninsured vehicle and failure to keep right. Deputies Chris Parker and Brad Mazur investigated the incident. Bechtold was released to the Monroe County Sheriff's Department on the outstanding warrant.

Christopher A. Saddler, 25, of 3 Lydun Drive, Albion, is charged with criminal mischief. Saddler allegedly punched a candy machine inside Tenney Laundry.

Gregory Seppe, 51, of 19 Manhatten Ave., Batavia, is charged with trespass. Seppe allegedly entered the Salvation Army after previously being told he was not allowed on the premises. He was jailed on $500 bail.

Vincent J. T. Dell, 21, of 17 Thorpe St., Batavia, and Nateeka M. Gibson, 20, of 13 Thorpe St., Batavia, are both charged with disorderly conduct for allegedly fighting at 3:07 Saturday morning. Jerell J.T. Jones, 20, of 17 Thorpe St., Batavia, was charged with littering during the same incident. Officers Dan Coffey and Frank Klimjack handled the call.

Vincent Michael Esten, 27, of 10998 Transit Road, Pavilion, is charged with filing a false report with the Sheriff's Office. Esten allegedly reported that another individual had opened a cable television account using his name. After further investigation, the report allegedly turned out to be false. Deputy Joseph Graff investigated the report.

Jody L. Beaumont, 39, of 8557 East Main Road, Le Roy, is charged with DWI and leaving the scene of a property damage accident.  Beaumont reportedly hit some trees on York Road and then allegedly left the scene. He was later located at his residence. He is also charged with a BAC of .08 or greater and moving from a lane unsafely. The accident reportedly occurred at 5:40 a.m., Sunday. Deputies John Weis and Frank Bordanaro investigated the incident.

Patrick S. Waldron, 21, of 1590 Edgewood Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater and moving from a lane unsafely. Waldron was reportedly stopped Sunday at 1:15 a.m. at Route 237 and Walkers Corner Road.

Nicholas R. Harig, 19, of 170 Trowbridge Street, Buffalo, is charged with DWI following a traffic stop in Corfu by Officer Edward Caton for allegedly tailgating. Harig was also cited for having an inadequate muffler on his vehicle.

Dustin D. Say, 18, of 1952 Perry Road, North Java, and a 17-year-old companion from Alexander are charged with a felony count of burglary. Say and his companion allegedly entered an unlocked garage in Alexander and stole alcoholic beverages.

Sarah J. Patrick, 19, of Lockport, is charged with DWI. Patrick was stopped by State Police on Route 77 in Pembroke at 9:28 p.m. on Friday.

Chad A. Plante, 25, of Rochester, is charged with DWI, unlicensed operation and driving with a BAC of .08 or greater. Plante was stopped by State Police on Route 77 in Darien at 9:45 p.m. on Friday.

Benjamin P. Greene, 21, of Basom, is charged with DWI, driving with a BAC of .08 or greater, and failure to stay in designated lane. Greene was stopped by State Police on Galloway Road in Batavia at 2:31 a.m. on Sunday.

Daniel N. Brown, 36, of Le Roy, is charged with two counts of possession of a forged instrument. Brown was arrested by State Police on West Saile Drive in Batavia. The initial report was taken on June 7.  Brown was released on his own recognizance.

A roll-over accident has been reported at about 9835 Lake Street Road, Route 19, Pavilion.  The initial report said the vehicle was on fire with at least one person trapped in the car, but a first responder reports there is no fire and extraction will not be required.

Mercy Flight will not be required.

Saint Nicholas Social Club president Michael Rimmer wrote a letter to the editor in The Daily News in early December saying that he planned on the club remaining open for another 65 years.

But, after many decades of being a meeting place for friends and a place for social groups to gather, St. Nick's will be closing its doors for good on Monday.

Rimmer expressed concern but said the club was trying its best to stay open in a June 5 story on The Batavian. He talked about how the poor economy has hurt many local businesses.

The rumors that have been passed around for many months are finally becoming true, adding yet another sad chapter that is the current state of Batavia.

St. Nick's will stay open for Monday night's Lions Club meeting and then will be shutting down. The Lions have been meeting at the club for many years and are searching for a new meeting place.