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Le Roy finishes 2018 with 3-4 record after final game home loss

By Howard B. Owens

Wayland-Cohocton turned out to be a tough opponent for Le Roy to finish the season against, knocking the Knights to a 3-4 record with a 48-7 defeat.

For Le Roy, Cineque Robinson gained 86 yards on 14 carries. Jake Hill was 4-13 passing for 103 yeards and a TD. Nate Andrews made a 70-yard reception for a TD.

Bob Locke had 13 tackles and Anthony Leitten had eight.

In other Friday night football:

  • Alexander finishes the regular season with a 7-0 record after beating Perry (4-3) 26-0. Terrez Smith gained 122 yards on 24 carries. Dylan Busch was 7-15 for 144 yards and three TDs. Takari Lang-Smith had three receptions for 44 yards. Jake Jasen had eight tackles and a sack. The Trojans enter sections as the #1 see in Class D.
  • York/Pavilion beat Pembroke 38-13.
  • Batavia Notre Dame beat Bolivar-Richburg 49-28.
  • Batavia plays at Haverling today.

Photos by Ed Henry.

Nate Andrews races to the end zone with a 70-yard TD reception.

QB Jake Hill implores the Le Roy fans to be louder after tossing 70-yard TD pass to Nate Andrews.

Andrew Kettle sweeps left for a nice gain for the Knights.

Cole Rauscher smothers Way-Co RB Brandon DeGuarde.

McMurray says Collins won't be able to serve constituents while awaiting trial in 2020

By Howard B. Owens

Press release:

Nate McMurray, Democrat and Working Families Party Congressional candidate in NY-27, today responded to news that his opponent, indicted member of Congress Chris Collins won’t stand trial until 2020. Collins was indicted on charges of insider trading and lying to the FBI in August.

“Now it’s official, Chris Collins will be beholden to his defense attorneys for the next year and a half, not the voters, not the hard-working people of Western New York, but his lawyers," McMurray said.

"He won’t just be a part-time, he’ll be a no-time Congressman. This is shocking and truly embarrassing to the people of Western New York. I’m out talking to voters every day and they tell me that they deserve better. They’re right.

“House Speaker Paul Ryan has stripped Collins of all of his committee assignments in Congress. He won’t help the people of this region. He can’t help the people of this region. He never did. There couldn’t be a clearer contrast in this race. He will not let go of his congressional seat until this trial is over, or until the voters take it from him. They will.”

This morning, McMurray stood shoulder-to-shoulder with more than 100 activists and supporters from the labor community who pledged to work to get McMurray elected on Nov. 6. They praised his integrity, work ethic and commitment to the values that help the working men and women of this region.

McMurray was endorsed by New York’s Lieutenant Governor Kathy Hochul, the last Democrat to win this district and a great champion of Western New York./p>

McMurray'’s rally with working people comes a day after he announced polling that shows a dead heat between himself and Collins. Earlier this week, McMurray’s campaign announced he raised close to a half million dollars in the third quarter with the vast majority of that money coming in the seven weeks following Collins’ indictment – and that total does not include any corporate PAC money.

While Collins sits out, McMurray, Piegza agree to debate

By Howard B. Owens

Press release:

The Reform Party Candidate, Larry Piegza, announces he is willing to take Chris Collins' spot in the McMurray/Collins debate.

"Chris Collins obviously has more pressing legal issues than to explain to the voters in NY-27 how he intends to represent us," Piegza sent in a statement. "Fortunately, there are still two candidates on the ballot that are prepared to represent our district.

"Nate McMurray, I accept your #DebateNate Challenge. If the Buffalo News is still willing to host it, I am still game. Collins can come if he can get time away from preparing for his trial. I am sure that the voters would love to hear how he plans to represent our district if he is convicted and serving jail time."

A pro-Trump Republican, Piegza has been unsuccessfully pushing the local Republican offices to only endorse ethical candidates for the last 12 months. He earned the Reform Party's endorsement in June. In the past, the Reform Party has always endorsed Collins, but they broke from it this year when they learned about the fact that Collins might have broken the law.

"Kudos to the Reform Party for only supporting candidates who are more ethically sound," Piegza said. "And it really paid off. If they hadn't stepped up an endorsed me, the people in the district would have had to choose between voting for a possible criminal and a Democrat.

"I would have been curious to see how many people actually voted in November. Now, they can vote for an ethical conservative who supports all of Trump's agenda. In addition, I plan to use an online town hall so the people in the district can always tell me what their needs are. That means I will be able to do a better job of keeping in touch with everyone than Collins did."

Piegza has tried unsuccessfully to debate McMurray in the past. In the weeks following Collins' indictment, his campaign aired 30-second commercials on WBEN accepting his #DebateNate challenge. These were ignored by the McMurray campaign.

Now, it appears that McMurray is changing his mind. In a Facebook post on Oct. 10, 2018, McMurray played off of the "Fix It Larry" moniker McMurray has used for his website (FixItLarry.org) and said that McMurray should be calling for a debate.

"BANG THAT HAMMER! Democracy needs some noise." In the post, McMurray also proposes to set up an empty chair for Collins.

"This is a welcome surprise," Piegza said. "I thought that I would finally get a chance to debate Nate at the forum at SUNY Geneseo, but apparently McMurray isn't attending. I am glad to see he isn't avoiding me."

As for the empty chair, Piegza says, "Collins might feel more comfortable if we swap the chair out for a prison bench."

Chicago for five days

By Howard B. Owens

It's time for the annual Local Independent Online News Publishers' conference in Chicago (an organization I helped start) so this afternoon I'm catching a flight to O'Hare.

I'll return Sunday.

Billie will be holding down the fort and we have some stories in the pipeline and will continue coverage of our community, though I'll be busy and won't be around to cover events.

McMurray says internal polling shows NY-27 race in dead heat

By Howard B. Owens

Press release:

Days after revealing an impressive fundraising quarter, Nate McMurray revealed results of internal polling showing that the race for New York’s 27th Congressional District is tied between McMurray, the Democratic and Working Families Party Candidate, and incumbent Chris Collins, who was indicted on charges of insider trading and lying to the FBI in August. The poll was taken from Oct. 6th – 8th, sampling 400 voters in the district.

With the race as a dead heat, McMurray’s support has come from a deep base of grassroots support as voters are demanding integrity and a member of Congress who will listen and truly represent them. McMurray has yet to air a single ad on TV, while Collins has spent heavily, launching extensive negative advertisements in the weeks before the poll.

“This proves what we’ve been seeing on the ground for months: We. Can. Win. Voters are tired of corruption and care about protecting healthcare, fighting for farms and supporting small businesses,” McMurray said. “Voters feel taken advantage of by a wealthy man who used his power to enrich himself instead of representing people like us.

"They are angry that he’s running for reelection because his defense attorneys told him to. They are sick of politics as usual that puts the desires of the powerful above the needs of working people. They know that we are better than this in Western New York, and they’re right.”

Among the findings of McMurray’s internal polling:

McMurray and Collins are tied and McMurray is in a strong position to win the election, having raised the necessary resources to communicate his message to voters in the final weeks of the campaign.

Collins and McMurray are each attracting 42 percent of the vote while Reform Party candidate Larry Piegza receives 6 percent and 10 percent of voters are undecided.

Nine in 10 voters (90 percent) report that they have heard, read, or seen information about Collins’ indictment, with a majority (57 percent) stating they have heard “a lot” about the indictment.

Earlier this week, McMurray’s campaign released his campaign’s third quarter reports, raising close to a half million dollars with the vast majority in the seven weeks following Collins’ indictment. This comes even as McMurray’s campaign will not accept corporate PAC money. Last week, he was endorsed by End Citizens United, a group dedicated to getting Big Money out of politics and fixing the rigged system in Washington so it works for all Americans./p>

Collins was arrested on charges of insider trading and lying to the FBI in August and pledged to suspend his campaign. Collins broke his pledge weeks later on the advice of his criminal defense lawyers, announcing on Sept. 17 that he intended to keep remain on the ballot. It’s no surprise that overwhelming financial support has come to McMurray since voters learned that he would be running against Collins.

In that time, McMurray has built up his campaign staff and opened seven offices to hold the massive volunteer base.

NOTE: The Batavian has suspended publication of press releases from Rep. Chris Collins until Collins agrees to an interview.

Larry Sharpe says he's the one candidate who can repeal the SAFE Act

By Howard B. Owens

Republicans in New York have been totally ineffective in protecting the Second Amendment rights of the state's citizens, Larry Sharpe, Libertarian candidate for governor, told members of Genesee County SCOPE at the regular monthly meeting at Calvary Baptist Church in Batavia on Tuesday night.

He is the only candidate on the ballot, he said, who can and will get the SAFE Act repealed, and he laid out a plan for getting it done even though he would be the only elected Libertarian in the state.

First, Sharpe said, within 90 days of taking office he would pardon every person in the state who has been convicted of a SAFE Act felony. Next, he would encourage local law enforcement to stop enforcing the SAFE Act.

At that point, Sharpe said, he will be attacked by the media. But rather than cowering, he would use the attacks to educate the public about how bad the SAFE Act is for all New Yorkers.

"When I talk with people who support the SAFE Act, they say the SAFE Act is great and that is as far as they think about it," Sharpe said. "They say the SAFE Act has the word 'safe' in it so it must be good. 'We haven't had a school shooting since 2013, therefore the SAFE Act works.' "

He said the problem with the Republican argument against this shallow line of thinking has been, "but it's unconstitutional," which is totally unpersuasive to a supporter of the SAFE Act.

His line of argument gets their attention, he said.

"The SAFE Act has made millions of New Yorkers overnight criminals," Sharpe said. "They purchased a firearm legally and then the next day they were violent felons in the eye of the law. And they go, 'oh, really? I thought the SAFE Act just outlawed machine guns.'

"That's not what it did. No, literally, it made millions of New Yorkers violent felons overnight. It made all medical personnel part of the the state secret police. They must now literally report on people (who they might suspect of mental illness)."

Sharpe used an example of a person seriously injured who tells a doctor, "I'm in so much pain I want to die." That person, Sharpe said, gets labeled "suicidal" and now can't possess a firearm.

He also said the SAFE Act also disapportinately affects veterans, who are both more likely to own a firearm and more like to suffer from PTSD.

"When you tell people this, watch all the people who were pro SAFE Act start to say, 'oh, that's bad,' " Sharpe said.

Once he's pardoned those convicted under the SAFE Act, and once it's not routinely enforced, and once he's made the public case why the SAFE Act is an unfair law, then he can go to the Legislature and tell them, "repeal it."

He thinks that by then the political pressure will be on the Democrats in the Assembly to repeal it and he will be able to get the votes in the Senate because at least five members will have decided it's politically expedient to be on the side of the governor and will have switched their party registration to Libertarian.

He promised to have the SAFE Act repealed in 2020.

Sharpe said he will win the governor's race because he has a movement going. He compared it to Donald Trump's campaign. People didn't see Trump coming because he used Twitter to build support.

"I use Facebook and video," Sharpe said.

He said his campaign appeals not just to Republicans but also Democrats and independents.

"I am the most pro Second Amendment candidate ever and I draw Democrats all the time," Sharpe said. "You want to win the election? You want to make this a pro Second Amendment state? You've got to get Democrats. You've got to get independents. Republicans are not enough."

Photo: The grass is always greener ...

By Howard B. Owens

Three goats at Pully's Farm Market in Le Roy this afternoon stick their heads through the fence of their pasture to chew on grass on the other side, which is apparently greener and tastier.

Below, a tractor on a little bump of a hill next to the parking lot at Pully's.

McMurray announced $475K raised for campaign in third quarter

By Howard B. Owens

Press release:

Nate McMurray, the Democratic and Working Families Party candidate for New York’s 27th Congressional District, today showed a major force of strength raising more than $475,000 in the campaign’s third quarter.  The vast majority of it was raised in the seven weeks following incumbent Member of Congress Chris Collins being indicted on charges of insider trading and lying to the FBI.

The momentum of Nate’s campaign is accelerating even as the campaign is still counting checks from September.
 
“I’m proud to show the party bosses that our grassroots campaign has the resources to go toe-to-toe with special interest dark money and Mr. Collins’ dirty attack ads. We’re only getting started,” McMurray said. “I have been crisscrossing this district since January meeting thousands of voters from across Western and Central New York.

"We’ve been fueled by potlucks and picnics and our grassroots support has been growing from day one. But this race now has, and deserves, national attention. Mr. Collins’ arrest put NY-27 in the spotlight because it’s obvious to everyone, and certainly voters here, that they deserve better than a representative out on bail.

"I understand how big this district is – I know because I’ve been everywhere talking to voters about healthcare, Social Security, and how to help small businesses and family farms succeed – and I know that it’s important we get our message everywhere. You can expect to see us on TV soon and expect to see our grassroots supporters out in their neighborhoods, spreading our message of integrity and a system that works for the working men and women of this district.”
 
Nate’s impressive fundraising comes even as he will not accept corporate PAC money. Last week, he was endorsed by End Citizens United, a group dedicated to getting Big Money out of politics and fixing the rigged system in Washington so it works for all Americans.
 
It was Aug. 10 when Mr. Collins was arrested on charges of insider trading and lying to the FBI but it was only Sept. 17 when voters of this region learned that it would be Mr. Collins running for reelection after weeks of bait-and-switch legal shenanigans.

It’s no surprise that overwhelming support has come to Nate since voters learned that he would be running against Mr. Collins.

In that time, Nate has built a professional finance operation, built up his campaign staff, and opened seven offices to hold the massive volunteer base.

Nate has also received the support of the working men and women of the district with support from:

  • Amalgamated Transit Union
  • American Federation of Government Employees
  • American Federation of State, County and Municipal Employees
  • Buffalo Building Trades Council
  • Civil Service Employees Association
  • Communication Workers of America
  • International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Local 9
  • International Association of Machinists and Aerospace Workers
  • International Brotherhood of Electrical Workers
  • International Brotherhood of Teamsters
  • International Union of Operating Engineers
  • International Union of Painters and Allied Trades
  • New York State Nurses Association
  • New York State United Teachers
  • Niagara Building Trades Council
  • Service Employees International Union 1199
  • United Association of Plumbers, Fitters, Welders, & Service Techs
  • United Automobile, Aerospace, and Agricultural Workers of America
  • United Brotherhood of Carpenters
  • United Food and Commercial Workers
  • United Steel Workers

NOTE: The Batavian has suspended publication of press releases from Rep. Chris Collins until Collins agrees to an interview.

Police ask for assistance in locating witness to undisclosed incident

By Howard B. Owens

Press release:

The Batavia Police Department is looking to speak with this individual as a witness in reference to an incident which occurred at Speedway in July of this year.

Anyone with information in reference to the case may contact Detective Eric Hill at 585-345-6373 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

Photos: Downtown Batavia Wine Walk 2018

By Howard B. Owens

The annual Downtown Batavia Wine Walk, sponsored by the Business Improvement District, was held Saturday evening.

To purchase keepsake prints of photos or digital downloads, click here.

Photos: Byron Fire Department's Sportsman Raffle

By Howard B. Owens

The Byron Fire Department held its annual Sportsman Raffle on Saturday, with several items offered as prizes to those fortunate enough to buy the winning raffle tickets.

The event also included a bake sale and prize raffle offered by the Auxiliary.

An added fundraiser was a fill-the-boot campaign to raise money to assist the Payne family, who lost their home in a fire on Thursday night. Above, Chief Robert Mruczek with the donation boot.

Le Roy couple accused of leaving children alone

By Howard B. Owens
     Amanda  Havens    Thomas Williamee

Two Le Roy residents were arrested early Friday morning after police received a complaint that two children had been given them medication to make them sleep and then left alone at a residence in the village.

Amanda E. Havens, 36, and Thomas C. Williamee, 48, both of Munson Street, Le Roy, were charged with counts of endangering the welfare of a child and criminal possession of a controlled substance, 7th.

The couple is accused of leaving the two children unsupervised.

After receiving the complaint early Friday morning, Le Roy PD responded to the residence and tried to contact anybody who might be inside the residence. After their was no response and considering the nature of the complaint, police officers made forced entry into the residence.

Both children were located alone inside but otherwise unharmed.

The age of the children was not released.

After further investigation, Havens and Williamee were located at another location and taken into custody.

Havens was jailed on $3,000 bail and Williamee was jailed on $2,500 bail.

GCEDC to consider revised assistance for Ellicott Station to help secure state loan

By Howard B. Owens

State officials are looking for a more robust commitment from the community before signing off on a low-interest loan to help finance the Ellicott Station project in Batavia; developer Sam Savarino told members of the GCEDC board at their Thursday meeting.

As a result, the GCEDC board will consider an expanded PILOT for the project to match the 30-year loan from Homes and Community Renewal and also take into account the increased cost of the project, from $17.6 million to $21.75 million, as well as the expanded size from 73,100 square feet to 99,111 square feet, and the increase in apartment units from 51 to 55.

The loan is the last piece of the financing puzzle for the project, which has already been delayed by a year because of the complex financing, that includes a $3.5 million investment from Savarino, tax incentives by GCEDC of at least $1.5 million, state grants, and more than $10 million in private investment through a program called the New Market Tax Credits, which allows investors to purchase federal tax credits to help finance projects in distressed urban areas.

As the cost of the project has gone up, so has the cost of financing and transaction costs, which could top $2.5 million.

This is the first project to combine New Market Tax Credits and HCR financing, according to Savarino Companies CFO Milissa Acquard.

The incentives already approved include $897,293 in sales tax savings, $128,232 mortgage tax savings and GCEDC will consider increasing the and $537,398 in property tax savings for the project.

Half of the PILOT payments will be returned to the developer through the “Batavia Pathway to Prosperity” (BP2) program with half going to the relevant taxing jurisdictions (typically, half of the PILOT in a BP2 project area goes into a pool to provide future assistance to to other projects).

Savarino said he thinks their proposal with HCR has gotten past a concern about the planned rental rates for the apartments.

HCR wants to ensure the apartments will be occupied and setting rents plus utilities at 90 percent of the city's median income seemed high to HCR officials, even though that formula is typically acceptable under HCR regulations. Officials asked Savarino to consider setting rents based on 80 or 85 percent of the median income.

Changing the rental rate creates a domino effect for the rest of the financial package, Savarino said, that makes the project much harder to pull off.

Savarino and Acquard said they both think they've reached an agreement with HRC on rents and the financing package but that includes an expanded PILOT approved by the GCEDC board.

"One of the issues that have kept coming up, in some cases with the New Market investors, but also with HCR, is the local buy-in," Savarino said. "It's been deemed not to have enough investment from the community for the benefit the community is getting. We've effectively checked that box by discussing a possible change to the PILOT."

A public hearing will be scheduled on a revised PILOT once the details are worked out.

Hochul: Every option being considered for dealing with opioid crisis

By Howard B. Owens

To deal with the opioid crisis in New York, the state needs to an embrace an "all of the above" approach to find a way to keep people alive, Lt. Gov. Kathy Hochul said during a visit to Batavia on Thursday.

Hochul was in town for a ribbon cutting at the new methodone clinic at GCASA. During her remarks Hochul talked about how the opioid crisis has led to tragedy in her own family, with a dose of heroin laced with fentanyl claiming the life of her nephew.

In an short interview after her remarks, Hochul said an "all of the above" approach could include consideration of safe injection sites. She was a little more vague about whether the state would consider following Portugal's lead, which decriminalized drug possession 18 years ago and established a program to help addicts find meaningful work, and as a result cut addiction rates in half and reduced overdose deaths to 30 to 50 a year, about 1/50th the rate of the United States. Prior to 2001, Portugal was known as the heroin capital of Europe.

"I don’t know we’re prepared to say anything about following a particular model," Hochul said. "We are considering all options is all I can say. If people have ideas, please bring them forward."

During her remarks, Hochul talked about her role, along with other state officials, of crisscrossing the state, meeting with residents and people on the frontlines of the opioid crisis. The result was legislation that not only led to the $850,000 grant to build the methodone clinic at GCASA but was recently amended to allow for medical marijuana to treat chronic pain. The legislation also attempts to eliminate the waiting time for an addict to get into treatment.

"We’re trying to figure out how do we stop people from dying literally in the streets and in their homes," Hochul told The Batavian.

Besides the methadone clinic, guests at the ribbon cutting were able to tour a new mobile treatement clinic that will allow GCASA staff to travel throughout the region and meet with addicts where they live, eliminating the need for them to travel to Batavia. It is important to note, the mobile clinic will not include a methadone dispensary, which by law must be at the approved facility in Batavia.

"That is why this is such a hopeful day for me," Hochul said while discussing the changes at GCASA. "To see what we can bring here, a new facility, an expansion, a mobile unit, which may look like an RV, recreational vehicle, but to me that’s a recovery vehicle."

Thursday, the governor's office also announced $900,000 in funding for 17 detox beds at GCASA. Director John Bennett showed off floor plans for a new detox facility on the East Main Street property.

"We often talk about going to treatment but we forget that before you can go into treatment, you have to go through detox," said Arlene González-Sánchez, commissioner of the New York State Office of Alcoholism and Substance Abuse Services. "Detox is really critical. Detrox is not treatment. It is the beginning of treatment and we’re so happy that we’re able to say that we will be able to have some detox beds in this whole region."

Brian Paris, president of the GCASA board, praised Bennett and the rest of the GCASA staff for their hard work in helping to establish the methadone clinic, the mobile unit, and soon the detox facility.

"We live in a changing world and GCASA is changing to support that changing world," Paris said.

Hochul's nephew, she said, started on his path to addiction after being prescribed painkillers when he cut his hand on a meat slicing machine in a delicatessen where he was working.

"That led to addiction, led to the streets, led to a decade of putting his mother and our family through hell as he tried to find a path forward," Hochul said.

The family thought he was past his addiction and on the right path. He was a graduate student at University of Buffalo  and a mentor to others trying to kick the habit. After he broke up with a girlfriend he slipped and tried one dose and died as a result.

"Be proud that your state has not run from this problem," Hochul said. "We have leaned into this problem."

NOTE: I took pictures of the ribbon cutting. I thought I imported those pictures in PhotoShop (Lightroom). I reformatted the card for another assignment and discovered later I hadn't imported the pictures. They are lost. My apologies to those involved.

Williamsville man killed after BMW collides with Bethany ambulance on Route 63

By Howard B. Owens

Investigators have yet to determine why a 2015 BMW driven by 61-year-old Syed L. Rahman, of Williamsville, crossed the center line and crashed into an ambulance from the Bethany Fire Department on Route 63 just before midnight Saturday.

Rahman was pronounced dead at the scene by Coroner Don Coleman.

A heavy rainstorm was passing through the area at the time of the crash. There's a slight curve in the road near the area of the crash scene.

Rahman was northbound on Ellicott Street Road. The ambulance, driven by volunteer medic James L. Duval, 65, of Bethany, was southbound. The ambulance and three-person crew were returning to the Bethany station after handling an earlier EMS call. Since the crew wasn't on a call, the ambulance was not in emergency mode, no lights or siren, and was not carrying a patient.

Duval and crew members Christopher Page and Melody Davis, all volunteers, were not seriously injured but were transported to UMMC for evaluation and treatment.

Duval, is the former Genesee County planning director. He retired in 2012 after 36 years as a county employee.

The accident investigation is being handled by Deputy Andrew Mullen. Assisting at the scene were Chief Deputy Joseph Graff, Investigator Chad Minuto, Sgt. John Baiocco, Sgt. Jason Saile, the Bethany Fire Department, Stafford Fire Department, Town of Batavia Fire Department, and Mercy EMS.

(Initial Report)

Serious injury accident involving ambulance on Ellicott Street Road, Bethany

By Howard B. Owens

A serious injury accident involving a car and an ambulance is reported in the area of 5566 Ellicott Street Road, Bethany.

Bethany fire, Stafford fire, and Mercy EMS dispatched.

UPDATE 1:30 a.m.: Route 63 is closed between Bethany Center Road and Paul Road. It will likely remain closed for a couple of more hours. 

UPDATE 3:35 a.m.: We can now confirm this is a fatal accident. The victim was the driver of a sedan, heading northbound on Route 63, that crossed the center line in heavy rain and struck a southbound Bethany Volunteer Fire Department ambulance. The driver of the sedan was pronounced dead at the scene by Coronor Don Coleman. The ambulance was returning to the Bethany Fire Hall after responding to an earlier call and was not carrying a patient. A three-person crew was aboard the ambulance. All three were taken to UMMC for evaluation of non-serious injuries. The accident remains under investigation by the Sheriff's Crash Management Team. The Sheriff's Office will release the name of the victim later this morning. We are withholding publication of photos from the scene until after the name is released.

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