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At 4:38 p.m., Bill Schutt, Alabama fire's assistant chief, is reminded the sun sets in three minutes.

"That's what I'm worried about," he says. "It's not just light. It gets colder."

His chief is out on an island in the midst of frigid water with a hunter who became stranded in the swamps of Iroquois National Wildlife Refuge on a day when temperatures dipped into the teens. One firefighter, who was with the chief, is at risk of frostbite after his boots filled with water while trying to reach the hunter.

It's too risky for the firefighters to walk out, even though they've located the hunter and he's in good health.

The hunter called for help at 2:30 in the afternoon. He started hunting at 12:30. He called for help, he said later, having spent an hour in the icy waters of the swamp tracking a deer he'd shot.

"At first the water wasn't too deep," said Colin Phillips, here from Vermont to hunt. "I was hopping from island to island out there and then it started getting deeper and deeper and I'm breaking through the ice. Finally, I reached an island and went about 50 yards and I couldn't go any further. I was exhausted."

His hands were freezing because he didn't have any gloves, but was otherwise appropriately dressed for the conditions. It was so cold that after his gun got wet it jammed with ice. He couldn't even fire a shot to alert rescuers to his location.

He was found with the help of a State Police helicopter and good tracking by Alabama Chief Gary Patnode.

As sunset neared, a hovercraft from Clarence Center returned from its crew's effort to reach the stranded hunter and the two firefighters. 

The sticks and logs popped nearly ever single floatation tube from around the boat. 

One of the crew members said that when they were about halfway to the location, the boat's stern took a nosedive into the water and that's when most of the damage was done.

The crew decided to be safe and make its way back to the shore.

"We realized, it's just a machine," he said. "It can be repaired."

As the sun's light wanes outside the command center, Jim Bouton, a coordinator with the Office of Emergency Management, learns that the weather had cleared enough for the State Police helicopter to return to the scene.

The helicopter isn't really equipped to hoist people from the ground, so the plan is for the chopper to hover right on top of the ice and pull one person at a time into the craft.

Bouton relays the plan to Schutt and looks skeptical.

"We need a plan C," he says.

A little later, scene commanders learn the helicopter from the Erie County Sheriff's Office will attempt the rescue. The two-man crew can deploy a hoist.

"I'm usually the type to remain calm and I was confident enough in our resources and our fire companies that I knew we were eventually going to get out," Patnode said after he returned safely to Casey Road. "We were already working on plans B, C and D."

When the rescue effort first started, Schutt noted, it seemed straightforward enough. Dispatchers were able to provide coordinates of the stranded hunter and he wasn't too difficult to find.

But getting him out safely proved to be harder than expected.

"The amount of water they had to go through, lightly frozen over, was the problem the hunter ran into in the first place," Schutt said. "Our firefighters could not have safely gotten back because they would have had to walk back through the water."

Alabama firefighters have all recently been through wilderness rescue training and Patnode had Thompson carrying a backpack equipped with what rescuers would need in a wilderness situation.

Except for a kit to start a fire.

"If I could have started a fire, I would have," Patnode said.

The idea of a nighttime rescue in the wilderness certainly carried an innate sense of risk.

"Any time you have a helicopter operating in the dark close to trees and people, it's definitely an elevated level of danger," said Andy Merkle, who worked the scene during most of the incident as operations manager.

His job was to keep an track of all the people and resources going in so they could be accounted for coming out.

"We want to make sure we don't come up with any more victims," Merkle said.

The first person rescued was Ryan Thompson, the firefighter with the cold feet. He was fine and was out walking around after a few minutes of rehab in an ambulance.

Thompson expressed nothing but confidence in his chief and his fellow firefighters. He said he never felt like it was a desperate situation.

"I knew it was our job and they would get us out some how," Thompson said.

Phillips was the next one brought back to the command post on Casey Road.

Upon his return, the demeanor of his brother and a friend who had been pacing the road for more than two hours went from fretful to joyous.

"You go from being absolutely terrified to utter rejoicing in the matter of two hours," said friend Matthew Laflair.

Laflair had some familiarity with the swamp area and knew what firefighters were up against.

"I know how tough it is to get back there, so to see the effort is good," Laflair said. "It's impressive to see a helicopter pulling some people out of here."

Patnode was the third person airlifted out of the swamp. He was also impressed by the effort of the Erie County pilot.

"I think he went above and beyond," Patnode said. "Maybe he went out of his comfort zone doing a night rescue like that, but he got the job done."

There were two other members of the Alabama team who got stranded in the woods. They were brought out by members of the Clarence Center Fire Department who were dressed in cold-water rescue suits.

In all, volunteers from fire departments in Genesee, Orleans, Erie and Niagara counties assisted in the rescue of Phillips.

"I owe them my life," Phillps said. "If they didn't come out and get me, I'd be dead tonight. I appreciate every second of it. They're great people."

Patnode, Thompson, Schutt, all said, "this is what we do."

So what can we say about that?

"I think you say 'Thank you,' " Schutt said. "I don't know what more you can say than that.

"These guys are out here, no paycheck," Schutt added. "They've been out here in the cold for hours, but it's something you do for your community. When you're part of a volunteer fire department, somebody calls for help, you go help. It's not something you complain about. None of these guys are going to complain about being out here cold and away from home for hours."

The initial post on this incident by Billie Owens contains a lot of details in chronological order of how the rescue went down. If you haven't read it, read it.

Bill Schutt, communicating with dispatchers early in the incident.

Patnode, center of the picture, after being airlifted from the swamp.

Top photo, Colin Phillips escorted to an ambulance after being rescued.

To purchase prints of photos, click here.

National Grid reports some 300 customers from Clinton Street Road on the west to Bater road on the East are without power and there is not yet an estimate of when power will be restored.

A small pickup hit a utility pole just before 6 p.m. at Route 5 and Clipnock Road, shearing it off at its base.

One of the main transmission lines for the area was strung to the top of the pole, a National Grid employee on scene explained later. He said when the truck struck the pole, it probably moved 10 feet, causing the line to snap out of insulators on poles up and down the line.

The plan, he said, was for crews to respond to multiple locations and isolate specific outage areas and restore power incrementally to the affected customers.

While the initial estimate for power restoration was eight to 10 hours, the worker said he'd like to keep it to under four hours.

The driver and the passenger of the truck were transported to UMMC with minor injuries. A deputy said the truck was eastbound when it crossed the center line and struck the pole on the north shoulder. He said the cause of the accident remains under investigation.

Route 5 remains close to through traffic at this hour.

UPDATE 11 a.m.: The driver is identified in a Sheriff's Office accident report as Jason C. Penn, 35, of Mix Place, Batavia. His passenger was Blake C. Lind, age 7. The truck struck a fire hydrant and two utility poles. Debris from the accident struck another vehicle, causing the windshield to shatter. The cause of the accident remains under investigation, which is being conducted by Deputy Joseph Graff. No citations have been issued. A reader reports power restored at her Stafford residence at 5 a.m.

(Initial Report)

Law local enforcement is currently searching the city for a person who robbed the Days Inn this morning.

No further details available at this time.

UPDATE 4:30 a.m.: A white male entered the Days Inn on Noonan Drive at 2:40 a.m. and pointed a shotgun at the clerk.

He got away with an undisclosed amount of cash, including a coin tray filled with coins.

The suspect left in a small sedan and headed east on Noonan into the residential neighborhood adjacent Noonan Drive.

Batavia PD and Sheriff's patrols began a search of the area as soon as the robbery was reported but have so far been unable to locate the vehicle.

The suspect is described as 5'7" and about 200 pounds, wearing a dark blue hoodie and wearing a bandana over his face.

The similarities between this robbery and two others in recent days at the Best Western in Batavia and the 7-Eleven in Oakfield are enough to suspect there is a single suspect in all three cases, said Sgt. Todd Crossett, Batavia PD.

The suspect in the previous two robberies was described as 5'2" to 5'7" and "small in stature," however given the times, the bandana and the fact guns were used in all three robberies (a handgun in the first two) suggest a possible link.

"He fits a simliar description, so the five-sevenish, I guess it really depends on the person looking at him and when you have a shotgun in your face things aren't as clear, but he is described as similar as the other ones," Crossett said.

Crossett said it's hard to say whether the suspect is a local person, but it's likely.

"It's been all in the last week, so if it wasn't somebody from the area, I don't think they would keep coming back," Crossett said. "That would probably be a good assumption."

Nobody was hurt in this morning's robbery.

People with information that could assist in the investigation can call Batavia PD at (585) 345-6035.

"If anyone has information, any friends, relatives acting suspiciously, or if you know of anything, please contact the Batavia Police Department or the Genesee County Sheriff's," Crossett said.

The Cedar Street reconstruction project is nearing completion. There's still work to be done, but the roadway has reopened.

It's starting to look a bit like Christmas downtown as businesses begin installing their holiday window displays. The Business Improvement District sponsors an annual window display contest.

Yesterday and today, Brandi Bruggman has been painting a "White Christmas" mural at Steve Hawley's insurance office.

Don Burkel and David Gann were among the revelers having a jolly time at the Holland Land Office Museum tonight for the annual Wonderland of Trees gala.

The fundraiser is an early chance for people in the community to see all of the trees decorated by local businesses and community groups.

Four-year-old Robert Worthington of Batavia was fascinated by the toy trains running around a stand of trees.

Elizabeth Carlson, 8.

Burkel purchasing 50-50 tickets from Amy Swanson.

Don Read

Sam and Anne Barone

We have more menus online ready to receive your meal orders from great local restaurants.

Here are the menus available now:

• Big Pauly's
• Clor's
• Larry's Steakhouse
• Settler's Family Restaurant
• T.F. Brown's
• Sammy Hill's
• City Slickers
• Smokin' Eagle
• Sweet Ecstacy

The developers have also added a new feature -- you can order your meals in advance. Let's say you're in Rochester at 4 p.m. and know you won't be back in Batavia until 6:15 p.m., you can specify 6:15 as your pick-up time.

Be sure to bookmark BataviaEats.com to keep up with new restaurants as we add them and for future online ordering from local restaurants.

This week's question: What’s the difference between Type 1 and Type 2 diabetes and is either one reversible / curable?

In Diabetes Type 1, the body does not produce insulin. This occurs when a person's own body has destroyed the insulin-producing beta cells in the pancreas. This is where a person does not produce insulin which takes glucose into cells for growth and energy. In Type 1 diabetes, your own immune system destroys cells in your pancreas, so little if any insulin is made. This type of diabetes is also known as juvenile diabetes or childhood diabetes. This type of diabetes is not preventable and not related to lifestyle. It makes no difference whether a person is fat, thin, fit or unfit in regards to a person developing Type 1 diabetes. People with Type 1 diabetes need to take insulin daily, either injected or through an insulin pump. However, research is currently being undertaken to find a way to reverse Type 1 diabetes, and a vaccine is currently being developed which may help to reverse this disease. There is no way to reverse Type 1 diabetes at this time.

In Diabetes Type 2, the cells do not respond correctly to the insulin. People with Diabetes Type 2 have one of two problems, and sometimes both. Either not enough insulin is being produced, or the insulin is not working properly, which is known as insulin resistance. The vast majority of patients who develop Type 2, did so because they were overweight and unfit for some time. This type of diabetes tends to appear later on in life and often called adult onset diabetes. However, there have been more and more cases of people in their 20s developing Type 2, but it is still relatively uncommon. Approximately 85 percent of people who have diabetes have this type of diabetes. Lack of physical activity, being overweight, and some genetic factors make it much more likely that the cells build up insulin resistance more quickly. It is important to remember that insulin resistance is not the insulin responding properly, but the cells not responding properly to the insulin. With time and dedication, Type 2 diabetes can be reversed and the results can be very rewarding with less tiredness and better all-round health. Loss of body weight and exercise can be particularly beneficial in helping to reverse the progression of diabetes. In some cases, people may find they are able to come off medication, although blood sugar levels should be checked regularly as reversing progression of diabetes is not a cure.

If you have further concerns you should contact your doctor for more information regarding your condition.

Dr. Magdi Credi

Ask the Local Doctor is sponsored by Insource Urgent Care, 35 Batavia City Centre, Batavia, (585) 250-4201. To submit a question to Ask the Local Doctor, e-mail askthedoc@thebatavian.com. To submit your question anonymously, if you wish, you can use our online form.

Muller Quaker Dairy and the local Edward Jones office came together Thursday to drop off seven baskets of canned and boxed food donated to the Salvation Army's annual holiday food drive. Pictured are Michael Marsh, with Edward Jones, and Julie Flynn, from Muller Quaker.

Information and photo submitted by Robin Ettinger.

Wind and snow appear to be heading toward Genesee County.

A weather advisory has been issued from noon Saturday to 1 a.m., Sunday.

There is a risk of blowing snow with temperatures turning sharply downward Saturday night with lows of 15 to 20 degrees.

Storm totals of one to three inches are expected with winds from the northwest of 20 to 30 mph.

Visibility will be as low as a half mile at times.

An arctic cold front could bring a blast of snow Saturday afternoon with scattered showers Saturday night.

Ray Ciancaglini had the heart of a champion.

At age 16 in 1969, he thought nobody could beat him. He would eventually become, he was sure, the middleweight champion of the world.

He was an honor student. A supurb athlete. A good, kind friend. He was ready to take on the world.

Boxers are supposed to be tough. The old men in the sport told him getting hit in the head was just part of the game. Ignore the headaches, they told him.

"Son, you have to deal with these headaches," one trainer told him. "You have everything it takes to get to the next level of the game. You have to be able to dish it out and take it. If not, then this game isn't for you."

Back in the day, trainers, athletes and even some medical professionals had a poor understanding of concussions. The wisdom of the day was that you weren't really injured, you really didn't suffer a concussion, unless you were knocked out.

Today, we know better.

Concussions have become a hot topic in the sports world at all levels. Earlier in the Fall, PBS's "League of Denial" shined a light on the NFL's apparent disregard for decades of mounting evidence that concussions needed to be taken more seriously.

New research shows high school athletes in all sports -- even cheerleading -- are at some risk of suffering a concussion during competition (fewer concussions are reported in practices). The high risk sports are football, lacrosse and girls soccer.

As Ciancaglini, a member of the Rochester Boxing Hall of Fame, spoke to an auditorium of student athletes and parents at Batavia High School on Thursday night, he said he didn't want to scare anybody, nor did he want to discourage any teen from playing any sport, but he does want to drive home the message: take concussions seriously.

He didn't, he said, and he paid the price.

"Never take for granted the privilege of playing a sport you love," Ciancaglini said. "Make wise decisions. This will be necessary for you to realize your full potential.

"If I had it all to do over again, would still pursue a boxing career?" Ciancaglini added. "Absolutely. I would still compete with the same tenacity and dedication it takes to be a champion. The only thing I would do differently is get immediate medical attention for the injuries my body was telling me I suffered."

Ciancaglini called concussions the invisible injury. There's no cut, no bump, no swelling that shows a trainer, a coach, a fellow player that you've been injured.

But any concussion can have far more devastating consequences. Concussions can lead to permanent brain injury, lifelong physical ailments and even death.

For Ciancaglini, the life-changing event was a bout in Buffalo in 1969. He took a right hook to the back of his head that wrung his bell.

"I didn't go down, but I was dazed," Ciancaglini said. "My vision was blurred. My hearing was impaired. The crowd noise alternated from muffled to loud. I had never experienced this feeling before. I fought through it and won a unanimous decision."

The next day, Ciancaglini had a headache and felt fatigued. He chalked it up to a tough bout.

"I passed it off as being physically run down," Ciancaglini said.

He had a big bout scheduled for the next week in Syracuse. There was no way he was going to miss it. He went right back to training.

The headaches and fatigue persisted, but he ignored the symptoms.

"I should have gotten medical attention, but I just didn't think it was that serious," Ciancaglini said. "Little did I know this was the beginning of my troubles."

Ciancaglini tried to continue his boxing career, even though he didn't feel as sharp as he once did. To compensate for his sense of sluggishness, he boxed less and brawled more. And he kept winning.

As he spoke to coaches and trainers about his falling grades, missed classes, his increased irritability, his peristent headaches, they told him to tough it out.

He was even honored for toughing it out, receiving the Golden Gloves Heart Award.

"My life was falling apart and I thought the symptoms were temporary and would go away," Ciancaglini said. "I thought I could work through it and didn't want to miss my next opportunity. I didn't want to lose my ranking. I thought boxing was my whole life. This is how I was lulled into making some bad decisions."

Finally, he decided to take a break from boxing, but after months away from the sport, he still felt in a constant fog. The headaches wouldn't go away. 

He got a job at Kodak and when his hands started to tremble or he became forgetful, his workers tried to cover for him, even as he spilled chemicals.

Finally, his deteriorating condition was too much of a safety hazard so Kodak sent him to Strong Memorial Hospital for an evaluational.

The diagnosis: permanent brain damage caused by untreated concussions.

Today, Ciancaglini is 62 years old. There hasn't been a day in his life since he was 16 that he hasn't suffered from headaches.

The headaches started with that first concussion in Buffalo, and because he didn't realize he had suffered a concussion, he ignored the symptoms.

His hands shake constantly and he suffers from mild dementia.

All a result of those untreated and ignored concussions.

"I threw away a whole career for the sake of not missing one fight," Ciancaglini said. "What a foolish mistake. I challenged a concussion and I got beat."

The message Ciancaglini wants to sink in with young athletes: If you have the slightest doubt something is wrong, check it out. The game you sit out today could be the career you save tomorrow.

That's why Ciancaglini will show up at just about any high school in the Northeast and speak to students about his experience with concussions, and he does it for free.

For more about Ciancaglini, visit his Web site, "The Second Impact."

The most dangerous concussion, Ciancaglini said, is the mild one. It's the easist to ignore. It's the one peers will tell you to ignore, but if not treated it makes the second concussion much more serious. Any athlete who suffers a concussion should sit it out until all symptoms have disappeared. For a list of symptoms, click here.

Derek G. Thomas, 37, of 110 Bank St., #B, Batavia, is charged with assault, 3rd. Thomas is accused of attempting to assault another person with intention to cause physical injury during an alleged disturbance outside 45 Ellicott St., Batavia, at 7:07 p.m. on Nov. 17. Also arrested and charged with assault, 3rd, was Marquele L. Tomlin, 22, of 130 E. Delavan Ave., Buffalo. Thomas and Tomlin are accused of assaulting a person while the victim was leaving Save-A-Lot.

Lasania S. Hyatt, 19, of 81 Ludlow St., basement, Yonkers, was arrested on a bench warrant. Hyatt is suspected of possession of alcohol under age 21 at 2 a.m., Sept. 27 on Trumbull Parkway, Batavia. Hyatt was located at Genesee Community College and arrested by Batavia PD. Also arrested on a warrant related to underage drinking was Shanique Y. Headley, 18, of 8170 Batavia-Stafford Townline Road, Batavia.

Jerry T. Saddler Jr., 37, of 112 State St., Batavia, is charged with assault, 3rd. Saddler was arrested in connection with an alleged incident at 9:30 p.m., Nov. 12, at State and Hutchins. He was jailed on $2,500 bail. No further details were released.

Joseph M. Blatchley, 35, of 3233 Pratt Road, Batavia, is accused of failure to appear on a charge of illegal dumping. Blatchley turned himself in. The alleged illegal dumping reportedly occurred at 8:30 a.m., Oct. 7, at a dumpster at 679 E. Main St., Batavia.

Kaitlyn A. Showler, 20, of 101 Summit St., Batavia, was arrested on a bench warrant. Showler was jailed on $5,000 bail. No further details released.

Sabrina C. Harris, 43, of 142 Charles St., Wayland, is charged with petit larceny and conspiracy, 6th. Harris is accused of assisting another person in a larceny at Olympia Sports at 2:42 p.m., Nov. 1. Harris turned herself in to BPD.

Mallory R. Pfaff, 25, of 4271 Broadway Road, Alexander, is charged with petit larceny and conspiracy, 4th. Mallory was allegedly involved in shoplifting at Tops at 11:35 a.m., Oct. 25. Also arrested was William C. Schlenker, 25, of 4271 Broadway, Alexander, and charged with petit larceny and conspiracy, 6th.

Anthony D. Alexander Sr., 39, 3687, W. Main Street Road, Batavia, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Alexander was arrested on a warrant related to an alleged incident at 2:14 p.m., Sept. 10, at 430 Ellicott St., Batavia. Alexander was held on $1,000 bail.

Benjamin L. Brade, 31, of 3337 Stroh Road, Attica, is charged with disobeying a court mandate. Brade is accused of violation an order of protection.

Drew Daniel Linderman, 25,of Hermitage Road, Gainsville, is charged with petit larceny. Linderman is accused of shoplifting from Walmart.

Jason Eric Nelson, 31, of Rhode Island Avenue, Niagara, is charged with unlawful possession of marijuana. Nelson was allegedly found in possession of marijuana while on Roberts Road, Alabama.

Jennifer L. Stack, 27, of South Main Street, Batavia, is charged with petit larceny. Stack is accused of stealing $310.92 in merchandise from Rite Aid on West Main Street Road, Batavia.

Christi A. Davis, 39, of Geneseo, is charged with endangering the welfare of a child. Davis was arrested by State Police in connection with an alleged incident reported in the Town of Bergen at 2:33 p.m., Monday. No further details released.

Antonio A. Ayala, 19, of Batavia, is charged with criminal possession of a narcotic drug with the intention to sell, in adequate muffler and back passenger age 4-6 restraint violation. Ayala was arrested by State Police in the Town of Bergen at 5:20 p.m., Tuesday. No further details released.

The past couple of years, on my eastbound trips down Route 5 in the Town of Batavia, heading toward Wortendyke Road, I've been watching this barn slowly slipping away. This morning, the barn is leaning further to the north and closer to the ground than I've seen before.

Investigators believe the same person, white male small in stature, is responsible of a pair of early morning armed robberies over the past two days.

Yesterday at 3:05 a.m., the Best Western on Park Road, Batavia, was robbed and then a person fitting a similar description robbed 7-Eleven in Oakfield at 2:09 a.m.

In the Batavia robbery, a Sheriff's sergeant was on scene in seconds and a K-9 was deployed. The suspect was tracked into Batavia but lost.

In Oakfield, the first deputy was on scene within three minutes, according to Chief Deputy Jerome Brewster. The suspect was seen running down Coe Avenue but was not located.

The suspect is described as being 5'2" to 5'6" and a small build.

In both cases the suspect displayed a handgun.

For the Best Western robbery, the suspect wore a black jacket and bandana. In Oakfield, he was dressed a brown hooded sweatshirt or jacket, bandanna and baseball cap.

Anyone with information that might assist in the investigation can contact the Sheriff's Office at (585) 345-5000.

We've run two polls related to the 50th anniversary of John F. Kennedy's assassination. Whether you believe Kennedy was a great man cut down in his prime, or a failed president likely to lose the next election, or whether you believe Oswald acted alone or some conspiracy brought down the president, there's one point of little doubt: Nov. 22, 1963 was a turning-point event in U.S. history.

It's always been said of those who were alive and old enough to comprehend what was going on, you never forget where you were and what you were doing when you heard the news.

I was 2 1/2 years old, so I have no memory of the day, but I could tell you were I was and what I was doing when Lennon was shot, when Reagan was shot, when the Berlin Wall came down and when that second plane hit the Twin Towers.

If you remember Kennedy's assassination, please leave a comment about how and where you heard the news. Not to leave anybody out, if you don't have that memory, share what the historical moment meant to you growing up.

The comment thread is open ...

With a new head coach, the Le Roy boys basketball team is being put through its paces.

At a practice Thursday night, there was no slowing down, no waltzing through zone defenses, no stepping through an offensive playbook. The boys ran, they jumped, they weaved and they passed and they shot.

The fast-paced practice is designed to help prepare the team for what Rick Rapone hopes will be a quick-break offensive style during the regular season.

"We're going to try," Rapone said.

Rapid transitions, Rapone believes, equals more scoring opportunities.

"The faster you get down the court, the easier a shot you get, the percentages are you should make it," Rapone said.

He'll have to find out if his team can handle the fast pace in real time under game pressure.

He's certainly gotten the boys' attention. The players went through the practice with game faces on, not missing a beat.

"You've seen for yourself, they're hard workers," Rapone said. "They've responded well to all the new things we're trying to do. Even though we had a little bit of a short time frame because football was so successful this season, we're catching up pretty well. It's a great group of kids."

The boys should listen. Rapone has the coaching pedigree to command attention.

He's the brother of Notre Dame's Mike Rapone, and while Rick is 606 wins short of his brother's legendary accomplishments as a varsity coach, Rick was one of Mike's assistants in the 1980s.

This, however, is his first head coaching job.

"I've always wanted to coach basketball and the opportunity came up and I took a shot and was fortunate enough to get it," said Rapone, a Le Roy resident.

While Rapone is waiting to see how his team responds in game situations, he thinks he's got the athletes ready to have an impact in the Livingston County League.

There's Zach Moore and Steve Cappotelli. Cappotelli he said missed last season because of an injury but will provide a key leadership role on the team.

Kody Lamkin gives the Knights a big man under the boards who will surprise people with his athleticism.

"People are going to see how fast he is for such a big guy, and he has a great shooting touch for a big fellow," Rapone said.

Sophomores Nick Egling and Ethan Witkowski are also expected to be contributors this season.

"The key to the whole thing, though, is our point guard, Mike McMullen," Rapone said. "He's very smart. He's very tuned in to what we're trying to do."

With Notre Dame in the Genesee Region and Le Roy playing in Livington County, and Le Roy in Class B and Notre Dame in Class D, there's no chance -- at least this season -- that the Rapone brothers will see their teams meet in competition.

That may make it a little easier for Mike to share some of his ideas with Rick, which Rick said Mike is very willing to do.

"I'd be a fool not to have learned by watching him coach and win his 600 games," Rick Rapone said. "A lot of the successful things he does, I can guarantee you, that we're going to try our best to pick up on. He's a great man and obviously a very successful basketball guy. I'd be a fool not to get as much information as he's willing to share, and he's willing to share a lot."

To purchase prints of photos, click here.

If you happen to spot a bit of facial hair on Batavia police officers this month, it's not a new grooming trend inspired by the beards of the Boston Red Sox.

Members of the department are growing mustaches this month because November is Men's Health Awareness Month.

Each officer who is participating made a minimum $20 donation to the cause and had to be clean shaven on Nov. 1. The donations will be sent to Genesee Cancer Assistance at the end of the month.

The officers are encouraging area residents to make a similar donation to GCA this month.

Pictured are Jason Iverson, Chris Camp, Frank Klimjack, Kevin DeFelice, John Kirbis, Chad Richards, Jim DeFreze, Eric Hill, Dan Coffey and Pat Corona.

Local landlord Terry Platt has brought an Article 78 action against the City of Batavia over a planning committee's denial of his application to open a rooming home on East Main Street, and the Erie County judge presiding over the case indicated in court today he leans in favor of Platt's side of the case.

When Larry O'Connor, representing the city's insurance company, told Judge John Curran that he thought the case was straightforward, Curran responded, "I think it is straightforward and you're running up hill."

O'Connor said he got that feeling after listening to Curran pepper Platt's attorney, Michael Perley, with questions about how the case should be decided.

Platt sought approval from the city in May for a rooming house at 316 E. Main St. and several neighbors came to a meeting of the Batavia Planning and Development Committee and objected to the plan.

The committee voted to deny Platt the necessary approval for the project.

In the Article 78 action, Platt's attorney argues that the proposed use is both allowed by existing zoning, fits the mixed use nature of the neighborhood and could not be denied on any legal basis.

O'Connor said the committee had the authority to deny the application based on the city's Comprehensive Master Plan.

That, however, raises what Perley characterized as a "fatal defect" in the city's case -- there's no proof on the record that the city ever formally approved its master plan.

O'Connor did not provide proof of plan approval prior to arguments in the case and Curran said the record is now closed. O'Connor said, however, he could provide proof of an approval. (Outside of court, O'Connor said Curran could "take judicial notice" of the approval, even if it's not part of the record).

Perley said the city couldn't produce a copy of the master plan when Platt issued a FOIL request for the document earlier this year.

A copy was found and it is now part of the case.

City Manager Jason Molino confirmed later in the day that the City Council did ratify the master plan Feb. 25, 1997. Molino could not comment further on the case.

According to the discussion in the Erie County courtroom of Curran today, Curran must weight the role of the master plan in the committee's decision, whether the master plan gives the committee the authority to reject Platt's application, and whether he should take the extreme step of overturning the decision of a group of community volunteers over a zoning issue.

Curran spent a lot of time asking the attorneys questions about how they propose he decide the case.

"The property is properly zoned?" Curran asked.

"Correct," said Perley.

"There's no defect in the application?"

"Correct."

"There's no request for a variance?"

"There's no need for a variance."

"There's no request for a change in zoning?"

"No."

"There's is no need for a special-use permit?"

"No."

"Both you and Mr. O'Connor have experience in municipal law," Curran said. "You and I both know a lot of municipal law. If I run a (report) for special-use permit legal cases to come up with standards or if I run it for variances to come up with a standard, we know what I'll find. What do I run for this one?"

"The standard you apply is whether or not this decision was arbitrary and capricious," Perley said. "How does the committee deny an application that is proper for the property before it without misapplying the zoning law?"

O'Connor argued that the denial was consistent with the master plan, and Curran honed in on the section that says the permitted uses of buildings on that section of East Main Street (zoned C1, which is mixed use) includes professional offices, small restaurants and other small businesses, but says nothing about single-family residences, so how can the city argue that it wants to preserve the historic nature of the single-family residences?

The master plan as a whole is about preserving and enhancing current single-family residences, O'Connor told Curran.

"This is an area of single-family homes along with limited commercial use," O'Connor said. "The city wants to preserve the integrity and character of that area."

Then Curran laid out his underlying frustration: Neither attorney had filed a memorandum of law.

Such memorandums are often filed by attorneys to provide a judge with their views of how the law and prior legal precedents apply to a particular case.

Perley said he wrote such a memorandum and was surprised it hadn't been filed with the case. Since O'Connor hadn't received such a memo, he hadn't written a response.

Curran agreed to give both attorneys time to file such memos and continued the case to Jan. 30.

The options before Curran include: upholding the committee's decision; overturning the decision and permitting Platt to open the rooming house; or overturning the committee's ruling but ordering the committee to reconsider its decision.