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The New York Senate will be in session tomorrow and Majority Leader Pedro Espada is apparently looking to score points with New York City labor unions -- he's calling for passage of what upstate legislators call "the farm death bill."

The bill, the Farmworkers Omnibus Labor Standards Bill, AB 1867, has already passed the Assembly.

If it becomes law, the bill will require farmers to pay time-and-a-half for over time, allow farm workers to join labor unions and require a day off during harvest season. It will also require farmers to pay into the unemployment system, among other provisions.

The bill is sponsored by Catherine Nolan, who represents Queens. Assemblyman Steve Hawley once pinned her down during a floor debate into admitting that in her district contains "less than one farm."

Sen. Mike Ranzenhofer plans to vote Nay if the bill does come to a vote. He said even upstate farm workers he's spoken with are concerned that passage of the bill will cost them their livelihoods.

"They are alarmed about the bill," Ranzenhofer said. "They're concerned about losing their jobs because farms will be going out of business."

Area farmers and farm workers alike tell both Hawley and Ranzenhofer that many of the issues the bill is trying to address is already taken care of by farmers. Most farmers do supply workers with adequate housing and health care. Workers are paid for all the hours they work, but not necessarily time-and-a-half. Because farm work is seasonal, the legislators note that a great deal of work must be packed into a short amount of time.

But by mandating such services, allowing labor unions to get involved and increasing government oversight, the bill will drive up costs on farmers tremendously.

The supporters of the bill just don't understand farming and that without farms, there is no food, both Hawley and Ranzenhofer say.

"The sponsors are from New York City," Ranzenhofer said. "They don't understand that the relationship between farmers and workers is mutually beneficial. This is a New York City union issue and really has nothing to do with farming in Upstate New York."

It's unclear just how the Senate will vote on the measure. It could go either way.

Buffalo Street in the Village of Bergen is closed for emergency repairs.

DPW chief Joe Chimino said a collapsing culvert buried under the street is presenting a safety problem for cars or trucks that might pass over the roadway.

"It's just a small hole right now, about 8 inches, but I can get my arm down in there," Chimino said. "I'm afraid some car or truck is going to come down and it's going to collapse and it's going to put somebody through a windshield."

The culvert is about 100 feet from Lake Street, Chimino said.

Both lanes of traffic need to be closed, he said, because he can't get his backhoe into the confined space otherwise.

He hopes to have a new drain installed and the road re-opened to traffic by 2:45 p.m., when school buses need to pass through the area again.

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John Michael Bieganski is doing fine now,  but he might not be doing so great if not for the quick action of a group of people willing to step forward and help him Saturday night after he was stabbed in the leg by a knife-wielding assailant.

Bieganski, 23, a Clarence resident, had his leg cut during Cruefest, the concert of Motley Crue at Darien Lake Theme Park.

A friend carried him from the mosh pit (a tangle of dancing males (usually) who typically bang against each other and jump up and down and side-to-side rather violently) after he had been stabbed.

Trouble started for Bieganski, according to a Sheriff's Office report, when he thought he saw a friend being tackled and punched by one or two other men. When he tried to pull one of the men off his friend -- it turned out not to be his friend who was being attacked -- Bieganski said he suddenly felt something warm on his leg, touched it and then saw the blood.

The alleged attacker is described as a white male, about 25 years old, 6-feet tall, a strong build, wearing a gray T-shirt, khaki shorts, with a buzz cut, no glasses and clean shaven.

Bieganski required 28 stitches to close a gaping 4-inch long wound on his leg.

Contrary to initial reports, his artery was not cut, but he did bleed profusely before being treated.

After the attack, Bieganski's buddy, Evan Laczi, grabbed him in a fireman's carry hold and hoisted him from the mosh pit, but according to Glenn Hall, who was one of the first people to come to Bieganski's aid, Laczi and Bieganski came through a whole crowd of people who ignored Laczi's cries for help.

"They had walked past people to get up there (the beer trailer, where Hall was located)," Hall said. "They had walked past a number of people and nobody had done anything, to help him carry his friend or anything like that. Nobody had ran up. I'm sure he screamed out more than once, 'hey, I need help' and nobody ran out to get help or anything."

Hall, a six-year veteran of the Air Force, was a volunteer for a group of recruiters trying to raise funds to help with their recruitment effort (his wife is a military recruiter), and he said when he saw Laczi carrying Bieganski with blood soaking his right leg, his military emergency training just kicked in. He didn't even think about what he needed to do.

"Many soldiers who get this kind of training face this kind of stuff all the time," Hall said. "Overseas and abroad, these are guys are real heroes and they know what they're doing, but every military member gets this kind of training ... but I'd never reached that situation (before) and I didn't know how I would react in that situation (before Saturday night)."

Hall was working the beer trailer when he heard Laczi calling for help and he looked up and saw all the blood on Bieganski's leg.

"My immediate reaction was, 'we need to do something to stop this bleeding,'" Hall said.

His first instinct was to pull off his volunteer T-shirt and then his "wife beater" undershirt, which he ripped into two so it could be used as a tourniquet. Laczi helped place Bieganski on the long towing tongue of the beer trailer (which was covered by a sheet of plywood) while a non-military man who was part of the volunteer group asked, "hey, what can I do?"

Hall had the man put as much pressure on the wound as possible while keeping Laczi's leg elevated. Laczi held onto Bieganski's head. Then Hall went to fetch Darien's security personnel, who came to the scene to confirm the report of a man stabbed, and then called for emergency medical personnel.

It took about 15 minutes, according to Hall, for emergency personnel to arrive.

"The guy was being very compliant," Hall said. "He had bought beer from me earlier that night. He was a very nice guy, but you could tell, he had a very good buzz on. But he was not really moving, not really fighting us. He was just kind of laying there, but you could see that he had a lot of pain going on. At that point, there was nothing we could do but wait for emergency medical personnel to get there."

Hall doesn't want to be painted as a hero who saved a man's life, however.

"Truthfully, I feel like we all did our parts," Hall said. "I'm happy for the guy. It turns out he's alright, but I feel like this was group effort. Everything fell into place like dominoes and the situation was handled the best it could."

"I think the military just pounds it in there so hard and you're constantly trained on it, it almost became like second nature," Hall said. 

Bieganski is out of the hospital, but whomever stabbed him is still at large. The Sheriff's Office investigation is ongoing.

Audio:

• Interview with Glenn Hall, part I
• Glenn Hall, part 2
• Glenn Hall, part 3

GCC volleyball coach Roger Majeski has been suspended for an apparent recruitment violation, a spokesman for the National Junior College Athletic Association confirmed this evening.

The NJCAA is also forcing the team to forfeit its games played with the player in question, and the player will be ineligible to play with the team for the remainder of the season. The player is reportedly a freshman who joined the team this year from California.

Mark Krug, director of sports information and media relations for NJCAA, confirmed the details in an e-mail, but said he could not say more about the situation.

Calls late this afternoon to GCC have not yet been returned.

Majeski is a highly regarded coach, having led the GCC team since 1987 and notching more than 800 wins in his career. His teams have made 11 appearances at the national tournament, and he's been awarded Region III Coach of the Year nine times, as well as AVCA Northeast/Southeast Regional Coach of the Year three times.  He has coached 14 All-American athletes.

Photo above is a file photo provided to The Batavian in December.

Who would ever have thunk that the idea of a President of the United States speaking to the nation's students on the first day of school could be controversial, but in the days leading up to the speech, Obama was accused of attempting to subvert school kids, turning them all into socialists, or worse, Democrats, and/or of using the speech to push a policy agenda through Soviet-style propaganda.

Who would have thunk that a simple message: Do your homework and stay in school could be seen as an inappropriate message from the President.

Imagine, a President proclaiming the virtues of personal responsibility being blasted by the opposition party.

“At the end of the day, we can have the most dedicated teachers, the most supportive parents, and the best schools in the world – and none of it will matter unless all of you fulfill your responsibilities,” Obama said in the speech.

“Unless you show up to those schools; pay attention to those teachers; listen to your parents, grandparents and other adults; and put in the hard work it takes to succeed. And that’s what I want to focus on today, the responsibility each of you has for your education,” Obama said.

The speech didn't stir much notice in Genesee County. Only two districts were in session today -- Elba and Pembroke. The other schools start tomorrow.

Elba Superintendent Joan Cole spoke with WBTA this morning and said use of the president's speech in the class room was optional for teachers.

"We haven't had any concerns expressed by any of our parents," Cole said. 

Watch the video above for yourself, in which Obama makes such supposedly un-American statements as:

And even when you’re struggling, even when you’re discouraged, and you feel like other people have given up on you – don’t ever give up on yourself. Because when you give up on yourself, you give up on your country.

The story of America isn’t about people who quit when things got tough. It’s about people who kept going, who tried harder, who loved their country too much to do anything less than their best.

First Ward City Councilman Bill Cox says there is growing opposition to the school district applying for a grant to develop the North Street Extension with a series of athletic fields.

To help give First Ward residents a chance to share their thoughts on the proposal, he is hosting a community meeting Saturday morning from 9:30 to 10:30 at the Salvation Army Headquarters, 529 E. Main St.

"There is growing public opposition to this development," Cox said in a statement today. "As a councilman, resident, and taxpayer, I want to present the feelings of First Ward residents and taxpayers to council at the next city council meeting. I will also share my position with our residents on this proposal during the meeting."

Doors will open at 9:15 a.m.

The Batavia Police Department conducted a check point on Law Street from 10 p.m. Friday to 2 a.m. Saturday and released details on the enforcement action today.

Two people were arrested for alleged DWI, one person for alleged operation of a vheicle while under the influence of drugs and another person for alleged unlawful possession of marijuana.

The following arrests were made:

Julian J. Matla Jr. 46, of 35 Church St., Le Roy, charged with DWI.

Christopher Herman, 30, of 39 Citation Drive, Henrietta, charged with DWI and endangering the welfare of a child.

Shaun P. Murray, 52, of 117 Friar Drive, Rochester, charged with driving while ability impaired by drugs.

Ellen A. Murray, 52, of 117 Friar Drive, Rochester, charged with unlawful possession of marijuana.

Paul R. Tenney, 39, of Batavia admitted in court today that he stole more than $106,000 from his  employer, Elcon, Inc..

Under terms of the plea agreement, Tenney could be sentenced to five years probation and either six months in jail, or a four-month intermittent term, plus he could be required to repay the stolen $106,000.

Judge Robert Noonan released Tenney from jail following his guilty plea. Between now and his sentencing, Tenney will be under the supervision of Genesee Justice and must abide by a curfew from 6 p.m. to 6 a.m.

The jail sentence is the maximum time, under statute, that a convict placed on probation by a judge can be required to do, according to District Attorney Lawrence Friedman.

Tenney was arrested in early June for reportedly forging checks and falsifying business records.

A Batavia man is in satisfactory condition following a single-car, rollover accident on Route 98 in Alexander at 12:22 a.m. Monday.

David E. Stupp, 39, of 8052 North Bennett Heights, Batavia, suffered a fractured neck in the accident.

Stupp was reportedly driving northbound on Route 98 when his 2004 Mercedes-Benz convertible left the east shoulder. The car struck a ditch in a driveway culvert and overturned, coming to rest facing south.

No other people were involved in the accident.

Stupp was cited for DWI, unsafe lane change, speeding and refusal to submit to a breath test.

Justin Fay, who was an Eagle Scout, honor roll student and honor society scholar in college, pleaded guilty today to one count of misdemeanor criminal trespass for breaking into the Harvester Center one rainy Saturday night in late July.

Now a Rochester resident, Fay told Judge Robert Balbick in City Court that he did enter the Harvester Center without permission.

He had been facing a burglary charge.

Fay will be sentenced after the Monroe County Probation Department completes a pre-sentencing review.

We have no information at this time on his co-defendants, William F. Wernert III and Cory C. Pickering.

Michael L. Jackson, accused of burglary and grand larceny, got a "get out of jail" free card when the District Attorney's office did not seek a grand jury indictment within the prescribed 45 days.

Last week, an indictment was handed down and Jackson was taken into custody again. On Sept. 3, Jackson posted a $10,000 bond and is now free awaiting trial.

According to the indictment, Jackson is charged with a count of burglary in the third degree, two counts of grand larceny in the third degree, and two counts criminal mischief in the second degree.

A new charge also pops up: tampering with a witness in the fourth degree. Jackson allegedly went to the home of one of the witnesses and attempted to induce her not to testify before the Grand Jury.

Jackson, now an Oakfield resident, is accused breaking into Holland High Lift, 10033 East Road, Bethany. He allegedly stole a 42-inch Viewsonic flatscreen television, a Samsung 22-inch flatscreen television and a Sony digital camera. He also allegedly stole a 2005 Ford Supercab 250. Jackson also allegedly damaged an office window, a display case, light fixtures, drywall, a motorcycle, computer equipment and an overhead door. He also allegedly damaged the Ford truck.

A dump truck is on fire and reportedly "fully involved" near the intersection of Genesee road and Boyce Road in Corfu.

The Corfu Volunteer Fire Department has been dispatched.

UPDATE 12:54 p.m.: The truck is reportedly under power lines.  It is west of Boyce Road, well up a driveway.

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Robert J. Eppolito is reportedly in trouble with the law again.

The name of Eppolito did not appear in The Batavian a few days ago when we reported about a couple allegedly caught in full embrace in a very public Oakfield Village parking lot, but after learning more about the incident, we decided to connect Eppolito's name to the arrest.

We were on the verge of a decision to release his name, when we heard about Eppolito's arrest last night for allegedly slamming a woman against a wall during an argument.  Eppolito also allegedly broke the woman's cell phone.

Eppolito, 27, of 1 North Pearl St., Oakfield, is charged with a felony count of criminal mischief in the third degree and harassment in the second degree. He was jailed on $2,500 bail.

In the Friday morning incident, according to a witness and in an answer to our inquiry with Sheriff Gary Maha, we are told that Eppolito and the woman were completely naked inside the car, their sexual activity easily observable by anybody in the area. The alleged incident occurred while people were in the village setting up for Labor Daze. Sheriff Maha tells us that the arresting officer said Eppolito "just didn't care" that the couple was in public.

NOTE: This is a rewrite of a previously posted version.

Two of the three men accused of robbing the M&T Bank in Elba on June 18 appeared in court today, and one of them, Dennis M. Abrams entered a guilty plea to one of the charges against him.

The felony conviction, as part of a plea bargain, carries a maximum sentence of 17-and-half-years in prison.

When District Attorney Lawrence Friedman informed Judge Robert Noonan of the plea arrangement, the friends and family of Abrams who were in the courtroom let out audible expressions of shock.

Abrams will be sentenced in two weeks, after a probation department review to help the judge determine an appropriate sentence. He could serve only five years, depending on Judge Noonan's ruling.

Meanwhile, co-defendant Matthew J. Wells followed Abrams into court, but he wasn't there to enter a plea. Rather the judge and attorneys were agreeing to a date for a future hearing on motions made by Attorney Thomas Burns, including a motion for change of venue.

Under questioning from Noonan, Abrams entered his guilty plea and then admitted to the bank robbery. He also said his previous confessions were true and accurate. He also agreed to testify in any trials for his co-defendants, if there is a trial (at this time, that would likely be only Wells, who is proceeding with a defense).

Co-defendant Demone Dillon entered a guilty plea two weeks ago.

Abrams and Wells remain in jail in lieu of bail.

There was a standing ovation in Dwyer Stadium on Saturday night, but it wasn't for a great diving catch, or a rare triple play or a bomb hit over the dead center field fence -- it was for the stadium announcer, Wayne Fuller.

Fuller, the voice of Batavia baseball for 25 years, announced his retirement from the PA mic, and the crowd paid Fuller the ultimate sporting honor -- a Standing-O.

Fuller, who also served as the official scorer, has been positioned in the Dwyer press box -- dubbed "Wayne's World" -- calling out starting line-ups and determining hits and errors through the baseball eras of the Trojans, Clippers and Muckdogs.

"There is a trick to determine when you leave on your own or are asked to leave," Fuller told the crowd. "I have decided this is my time to retire and leave the two jobs. As I have gotten older it has become harder, as they say today, to multi-task, and that's the principle reason for my decision."

Fuller continues on in his afternoon shift with WBTA and will also remain in the booth for high school and college games.

Fuller told me this morning he's looking forward to a trip to Alaska next summer -- a dream he couldn't fulfill while obligated to the Muckdogs for home-game announcing.

It looks like work has finally begun on the Ellicott Street railroad crossing. 

Center Street is closed at Ellicott. There is two-way traffic this morning on Ellicott, but guided by cones.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, N.Y.: 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 $25 gift certificate for $12.50.

Matty's Pizzeria, 4152 W. Main St., Batavia, N.Y.: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Alex's Place, 8322 Park Road, Batavia, N.Y.: 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.

Pudgie's Lawn and Garden Center, 3646 West Main Road, Batavia, N.Y.: Autumn is the time to think about spring flowers -- and Pudgie's has a great selection of bulbs already in stock, ready to plant. We have a $25 gift certificate for $12.50.

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

SOLD OUT

A car has run into a utility pole at 6442 Ellicott Street Road, Pavilion.

Live wires are down, and the pole is down on top of the car. No word on injuries yet.

Southbound traffic is being halted.

UPDATE 1:31 p.m.: Apparently, three people were in the car. They are now in a swimming pool near the accident scene trying to wash the glass off themselves. EMS: "We've got three victims here. They are in the pool. They appear OK other than glass."

UPDATE 2:17 p.m.: Route 63 has been reopened.

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Joseph D. Becerril, 21, of 320 Polebride Road, Avon, is charged with criminal possession of stolen property and petit larceny. Becerril was arrested at Darien Lake Theme Park for allegedly stealing items from cars in the parking lot. Becerril was jailed on $1,500 bail. The case was investigated by Deputy Jason Saile with assistance from deputies Frank Bordonaro and Howard Carlson as well as the State Police and Darien Lake security.

Joseph M. Hamm, 32, of 580 Glide Road, Rochester, is charged with DWI, driving with a BAC of .08 and unlicensed operation. Hamm was arrested after the Sheriff's Office received a report early Saturday morning of a car in a ditch off Sumner Road in Darien.

Eric P. North, 29, of 152 Linwood Ave., Amherst, is charged with DWI, driving with a BAC of .08 and failure to keep right. North was arrested following a traffic stop on Route 33 in Pembroke by Deputy Bradley D. Mazur.

Karen A. Dusky, 37, of 7158 Wright Road, Basom, is charged with DWI, driving with a BAC of .08, failure to keep right and endangering the welfare of a child. Dusky was stopped just after midnight Saturday morning by Deputy Patrick J. Reeves on Route 77 in Pembroke. She reportedly had a child under 17 in the vehicle with her.

Carrie M. Capizzi, 28, of 3300 Broadway, Alexander, is charged with DWI, driving with a BAC of .08 and failure to dim headlights. Capizzi was stopped for allegedly failing to dim headlights at 2:39 a.m. on Route 20 in Alexander by Deputy Howard Carlson.

Heather L. Leith, 30, of 3938  Risher Road, Youngstown, Ohio, is charged with DWI, driving with a BAC of .08 and inadequate headlights. Leith is also accused of with driving an unregistered vehicle, improper license plates and operating without insurance. Leith was stopped by Deputy Mazur just after midnight on Sunday morning. She was jailed on $500 bail.

A 17-year-old is charged with trespass. The youth is reportedly a former employee of Darien Lake Theme Park who had been banned from the property, yet was found in the park Sunday about 4 p.m..

Mitchell J. Atwell, 24, of 308 Mcintyre Road, Le Roy, is charged with harassment. Atwell is accused of making verbal threats during a dispute with a neighbor.

Christopher T. Herman, 30, of 39 Citation Drive, Henrietta, is charged with DWI, operating with a BAC of .08 and endangering the welfare of a child. Herman was stopped Sunday at 1:05 a.m. at a police checkpoint on Law Street. Herman reportedly had his 4-year-old son in the car.

Julian J. Matla, Jr., 45, of 35 Church St., Le Roy, is charged with DWI and operating with a BAC of .08. Malta was stopped at a police checkpoint at 11:58 p.m. Saturday.

Michael T. Ellis, 21, of 2781 School St., North Collins, is charged with DWI. Ellis was arrested by Batavia Police after allegedly failing to abide by rules set down in a conditional discharge for a previous DWI guilty plea.

Karen Grzybowski, 38, of 24 Audabon Terrance, is charged with harassment. The charge stems from an incident at 10:05 p.m. Saturday on Allegany Road in Darien. No details were provided.

Jacob R. Hennard, 20, of Bergen, is charged with DWI and operating with a BAC of .08. Hennard was stopped by State Police on Colby Road in Darien at 10 p.m. on Friday.