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Paul Ryan Tenney, 39, who admitted to embezzling more than $106,000 from his employer, Elcon, Inc., will avoid jail time for a bit longer.

Judge Robert Noonan postponed Tenney's sentencing, scheduled for this morning, at the request of Tenney's attorney Gary Horton because of inaccuracies in Tenney's pre-sentencing report.

Tenney is currently out of jail on released supervision, but he allegedly has violated the terms of his release and Noonan was inclined to put Tenney back in jail today. The owner of Elcon, however, asked that Tenney not be locked up just yet.

Edmend Leising says Tenney is currently the only person who knows how the computerized accounting system works. Right now, Leising said, he can't even bill customers without Tenney's help.

"I've taken a lot of grief for keeping Ryan around since we found out about the theft, but only Ryan knows how to run it," Leising told court.

Noonan is allowing Tenney to stay out of jail to help Leising learn the computer system, but there won't be any leeway for Tenney to do much else.

"We'll briefly adjourn sentencing for that purpose, but if the defendant isn’t making a good effort in that regard, or he violates any other terms of his ROS, a warrant will be issued for his arrest," Noonan said.

Tenney promised to follow through and help Leising immediately.

Leising had asked to address the court prior to Tenney's sentencing. He said the theft did a lot of damage to his business and Elcon is barely hanging on.

He said he had to raise $70,000 to keep the business afloat, from taking money from his retirement account, to taking out a second mortgage on his house and borrowing $14,000 from his mother-in-law.

"Elcon is in horrible shape right now -- the only reason we’re still in business is because I’m not bright enough to pull the plug," Leising said. "It's the only thing I know how to do."

Tenney reportedly has failed to keep appointments for interviews with Genesee Justice and has allegedly not secured a substance-abuse evaluation.

Leising told Noonan that he was surprised to learn that Tenney wasn't keeping his appointments, and hopes Tenney gets the drug treatment he needs.

"I know he has a drug problem, so it's important he's tested on regular basis," Leising said. "If that problem isn’t solved with this guy, nothing will ever be solved. He’ll be a burden on humanity forever."

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

An exhaust-system alarm is sounding on the sixth floor of the Jerome Center, 16 Bank St. and City Fire is responding.

Engine 12 and Ladder 15 are on scene.

An eight-point buck dropped dead in the parking lot of Jackson Street this morning.

I was in court and didn't hear the scanner (or see it), but Dan Fischer of WBTA said he was sitting in his studio when he saw a deer trot past Main & Center. 

The buck headed west, turned left on Jackson and then collapsed.

Apparently, it had been struck by a car previously.

It was one of two deer spotted in the city this morning.

Fisher said a hunter came by, tagged it and hauled the buck away.

A bull is loose in Byron. Reportedly, two people have been injured. Ambulances have been dispatched and Mercy Flight is on stand by. We don't have an exact location yet.

UPDATE (10:19 a.m.): A landing zone is being set up for Mercy Flight at 6369 Cole Road. That's between Byron Holley and Mud City roads.

A man is reported to be injured with a head laceration and broken ribs. He is conscious and alert.

UPDATE (10:29 a.m.)(Billie Owens): Mercy Flight out of Batavia has landed at the southwest corner of the property.

UPDATE (10:37 a.m.)(Billie Owens): One man is being taken via Mercy Flight to Strong Memorial Hospital in Rochester. Another is being taken there in an ambulance.

The landowner is reported to have given the men permission to enter the property to cut wood prior to the accident. There were 15 to 20 cows grazing at the time, but the landowner did not know a bull was in there, too.

UPDATE (10:50 a.m.)(Howard Owens): Contrary to the initial reports, the bull did not escape. He stayed within his fenced field throughout the incident.

Kravings, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

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

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

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

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

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

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: Men, enjoy a $5 haircut again with this offer exclusive to The Batavian. (gift card can be applied toward other services, but not products).

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $15 gift card for $7.50.

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

Carlson's Studio, 39 Jackson St., Batavia, NY: Family photos are more than just photographs. When you need photos for that special occasion, Carlson's is a great choice in Genesee County. We have a $100 gift card for $50 ($2 PayPal service fee).

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

SOLD OUT

You see Pauly Berardini everyplace. His face is on the side of his ubiquitous delivery cars, on the outfield wall at Dwyer Stadium and various youth sports facilities around town.

It’s been that way in Batavia for five years now.

It’s an audacious bit of promotion, but when Berardini and his partner Dave Stupp decided to open up a pizza joint, they knew they would need strong marketing to stand out in a very competitive town for pizzerias.

“I thought about that (the competitive environment),” Berardini said while slathering tomato sauce on a pepperoni pie destined for a youth sporting event. “I thought about the demographic. I just decided to use my face, my talent and go from there.”

He's done other things with his life – from baking to selling cars – but to hear him talk, it’s clear: 40-year-old Pauly Berardini was destined to be a pizza man.

“I went to food service at BOCES and I learned how to frost cakes and make pancakes,” Berardini said. “That wasn’t exciting to me. Ever since I was a little boy, just watching that guy throw a pizza in the air – you know, like a kid wants to be a fireman, he sees the fire trucks, I saw a couple of gentlemen who ended up being good friends of mine kind of teaching me the business, and I just decided it was something I wanted to do.”

Pauly was inspired by the pizza men he saw at the legendary Gino’s Pizza. Gino’s was a mainstay at 102 Liberty St. through the 1960s and 1970s. Then the location became Ficarella’s, where Pauly worked for seven years. And that was the location Pauly chose for his own pizzeria when he and Stupp opened for business Oct. 24, 2004.

By all accounts, the original Pauly’s was a successful, growing company, and then tragedy struck – the kind of turn of events that has put many people out of business – fire.

An early morning blaze on March 21, 2007 destroyed Pauly’s on Liberty. The cause of the fire was never determined, but it meant that three businesses lost their locations. The old place -- behind the former Mother’s Chicken ‘n’ Fish building  -- is now a parking lot. 

Apparently, the two other businesses in that building – Room for Dessert Cafe and Batavia Framing and Design – never reopened.

Berardini and Stupp weren’t going to be kept down, though. Eighty-eight days later, the doors opened at 314 Ellicott St., and this time Pauly's featured seating and a waitress, a level of service the partners had wanted to add all along.

“I had a lot of phone calls and messages that were left on my answering machine from customers and friends encouraging me to get going again,” Pauly said. “Yeah, it was traumatic at first, but when one door closes, another one opens.

"Now we have a great sit-down place here and the parking on the weekends is great. (People can) bring the family, have a party – we have a party of 20 today – sit down is the key.”

Pauly was excited Saturday morning -- not just to be celebrating five years in business – he and Stupp had just received word that they’ve been approved for a beer and wine license and will start serving them within a week.

“Now you can come and enjoy pizza or pasta with beer or wine, and that’s always a plus,” Berardini said.

Interesting post from David G. Markham on the GCASA Cares blog.

We've seen comments before from readers on The Batavian that suggest that the criminal justice system is in cahoots with GCASA just to funnel substance abusers into the program to subsidize GCASA's payroll, at taxpayer expense, of course.

Markham's post suggests that there is a different attitude at GCASA.

It has been impressed on me once again that self destructive behavior should not be equated with criminal behavior. Most of the clients I evaluated were sent by the criminal justice system or other governmental bodies such as the Department of Social Services, the Department of Motor Vehicles, Probation, the courts, etc. The health care system for substance abuse disorders has been captured by government to coerce behaviors which government has determined is in its own best interest and not necessarily in the individual's. What Michel Foucault calls "governmentality" increasingly deprives individuals from their freedom. There is a fine line between whether agencies like GCASA are health care agencies whose mission is to help individuals improve their health or coercive agents of social control. It looks to me like 75% of GCASA's services are designed to exert social control and the client's right to self determination is marginalized if respected at all.

Markham has recently had to put more time into the Albion office because of the recent departure of three counselors. He's been buried in government-mandated paperwork that he says has nothing to do with ensuring good outcomes for patients.

Regulatory agencies have no viable means of measuring beneficial treatment and good outcomes, so they rely on compliance with paperwork completion as a proxy. This is a false assumption, and a dangerous way of evaluating quality care.

It sounds like something is broken in the system.

For further reading, and it's not light reading, here's the Wikipedia entry on governmentality.

On a night when he missed two field goals and saw one punt travel only five yards, kicker and defensive back Matt Thompson may have been the hero of Notre Dame’s Section V playoff victory over York.

A stiff breeze gave Thompson fits for most of the night. But with a minute left in the game, and the score set at 14-7 since the middle of the second quarter and his team backed up  nearly to its own goal line, Thompson was once again called on to kick into that monster wind.

Another kick that gets blown back, or any other mistake, and York is given great field position in a must-score situation. But a good kick well down field puts York in the tough position of trying to move the ball on a Notre Dame defense that has kept even York's big pass game largely in check all night.

This time, in a pressure situation, Thompson found a way to power the ball through the wind, setting the Golden Knights back to nearly the 50-yard line. From there, the Fighting Irish defense took over and shut down York on four successive plays, cementing a berth for Notre Dame in the Class D finals on Thursday.

Thompson also had two interceptions, including a big one with less than three minutes to play in the game, to squelch a York drive, but it was his punt that probably saved the game for Notre Dame.

Coach Rick Mancuso saw it that way, too.

“He’s a weapon and he works really hard at it,” Mancuso said. “We take special teams pretty seriously. We had a great snap from Tommy Whelehan and a great punt by Matty.”

The semi-final game was a tough battle through all four quarters, and two teams that came in a 6-1 found themselves pretty evenly matched.

Going into the game, Mancuso said he knew York’s passing game would be tough, and quarterback Jesse Galvin and receiver Adam Illerbrun kept Notre Dame’s defense on its toes all night.

The big-play duo showed just how quickly they can strike with 1:22 left in the second quarter -- only 22 seconds after Notre Dame grabbed a 14-0 lead -- when Galvin hit Illerbrun on an 80-yard pass play for York’s only touchdown of the night.

"We came in knowing they were going to throw the ball, and they did throw the ball and were successful to an extent,” Mancuso said. “We made a couple of mistakes where we let them get behind us. We did clean it up though, because Matty Thompson came in and made two interceptions. He hasn’t been out there all year long, but toward the end of the game, I thought he really got his legs underneath him and really looked very good out there.”

Illerbrun, one of the section's top receivers, had four catches for 121 yards. Galvin was 6  for 18 in pass attemps for 142 yards.

“It was a tight ballgame,” Mancuso said. “I thought York played phenomenal. I think they did a really nice job. They’re a good team. I think Eric does a great job with the kids. They’ve got nothing to hang their heads about. I thought they played very tough.”

Notre Dame put its first scoring drive together early in the second quarter, finishing it off with a 38-yard run by Mike Pratt at the 11:20 mark.

Pratt scored again with 1:44 left in the half on a three-yard run.

In all, Pratt carried the ball 36 times for 202 yards. He averaged 5.6 yards a carry.

After the game, Pratt gave all praise to his offensive line for opening holes and making key blocks.

Pratt also noted the defense made several key tackles.

Quarterback Nick Nochicchio completed six passes on 14 attempts, including one interception, for 47 yards. His leading receiver was Gianni Zambito, who had two catches for 26 yards.

Beau Richter carried the ball six times for 24 yards and R.J. Marchese carried the ball six times for 22 yards. Tom Whelehan had two catches for 12 yards.

All in all, Notre Dame amassed 304 yards, while holding York to 188 yards and only eight first downs. Notre Dame rushed the ball for 257 yards while York gained only 62 yards.  York had two turnovers, the Irish had three.

Notre Dame next faces Dundee on Thursday. Dundee comes into the game with a record of 8-0, including a 27-7 victory this evening over Cuba-Rushford.

“Dundee is phenomenal,” Mancuso said. “They’re the best team in D, there’s no doubt about that. We’re hoping we can come out and play a clean game and maybe we get it into the fourth quarter and we’re close. That’s kind of what you’re looking for. They’re fantastic. We’re defiantly playing up. It’s a huge challenge for us.”

Dundee is said to have a powerful run game, and Notre Dame features a stout run defense, but Mancuso said Dundee can also pass the ball effectively and they’ll put the ball down field if that’s what it takes to win.

“That Pratt kid who is their quarterback, he can really throw the ball,” Mancuso said. “I think they do whatever they need to do. They’re well coached, they’ve got a great group of kids, so I mean, it's going to be a battle. Hopefully, we will be up to the challenge.”

COVERAGE NOTE: One of the Notre Dame supporters who regularly takes pictures from the sidelines said he'll send us some pictures from the game. We'll post those as soon as we get them. Ethan Thompson videotaped the game for us and we'll post that highlight reel Sunday.

There were apparently no injuries in a one-car accident reported about 10 minutes ago in Elba, even though the car was run off the road into a ditch and turned on its side.

Law enforcement was called to the scene because the driver claimed another vehicle forced him off the roadway.

The accident occurred in the area of 4270 Ridge Road.

Last year, I couldn't make the John Gardner reading at the Pok-A-Dot because my parents were visiting. This year, I had to cover the Notre Dame game. As I told Bill Kauffman, "Like they say in baseball, maybe next year."

Thanks to Charley Boyd for posting this video of Kauffman opening the 13th annual event.

Critical mistakes at the start of the game put Alexander in a hole that it could never escape in today’s Section V semi-final game against Avon at Marina Auto Stadium in Rochester.

Alexander lost 34-0.

Alexander Head Coach Dave Radley agreed, the first quarter was where the game was lost.

“Definitely. Came out a little jittery, a little scared," Radley said after the game. "A lot of these kids have never been in the big show, any kind of sectional playoff, any kind of tournament. Definately, the first quarter killed us."

Even so, he said, it was a great year for his team and the Trojan players have a lot to be proud of.

"Hold your heads high, you played a hell of a season," Radley said he told his players. "You know, 5-3 for the first time, getting to the semi-finals of the sectionals for the first time ever in the history of the school – it hurts, but hold your heads high, learn from it. Learn from it."

From its first possession, the game didn't go Alexander's way.

The opening kickoff went to Alexander, and a combination of a penalty and a run play pushed back for a loss, had the Trojan’s kicking from the Avon’s 10-yard line. The fourth-down punt snap was fumbled and kicker Lucas Czechowski was sacked on the three-yard line.

Even though the Braves were handed a huge opportunity with the ball just three yards from the end zone, Avon came away with only a three-point field goal.

When the Braves kicked off to Alexander following the field goal, however, mere misfortunate turned into disaster when two Alexander players went for the high bouncing ball on the 40-yard line and both failed to find the handle.

Rich Welch would carry the ball in from the three-yard line just three plays later.

By the end of the quarter, after a 33-yard pass from James Stanton to Pat Campbell, Alexander was down 17-0, and the Trojans were down 20-0 at the half.

To start the third quarter, the Braves scored a TD again, making the score 27-0, where it stood with six minutes left in the fourth quarter.

The Trojans have been unable to make any headway on offense. Alexander managed only 49 yards and three first downs in the first half.

With less than four minutes left in the game, Alexander was again unable to move the ball and following a four-and-out, the Braves scored again when Derrick Quicken carried the ball 40 yards for the score. That made it 34-0, which is how the game ended.

"If you make mistakes against a tough team like Avon, it’s going to be hard to win," Coach Radley said.

In other related action: In Class C, #2 seed Attica beat #7 seed South Seneca, 28-0.

Also in Class C, #6 seed Marcus Whitman played at Holley against the #3 ranked Hawks at 3 p.m.. That score is not yet available.

An obituary appeared today in the Buffalo News for Jared Peters, child of Timothy and Linda Peters.

Friday, Pembroke Central School District announced the death of one of its students. We cannot confirm at this time that the reports are connected.

Visitation will be.. at the Wendel & Loecher Funeral Home, 27 Aurora St., Lancaster, 4 to 8 p.m. tomorrow. A Mass of Christian Burial will be held at St. Mary's RC Church, Lancaster, at 8:30 a.m. on Monday.

In lieu of flowers, donations may be made to the Women's and Children's Hospital.

Jared's sisers are Megen and Kristin.

A suspected 20-year-old drug dealer from Rochester was nabbed in the Batavia Downs parking lot at 5:15 p.m. on Friday.

At the time of his arrest, Steven Anthony Bertolone, of 28 Sand Pebble Drive, Rochester, was allegedly found to possess a wide array of drugs and cash.

Bertolone was identified as a suspect in local ketamine distribution by the Genesee County Local Drug Enforcement Task Force. Bertolone allegedly sold ketamine to an undercover agent.

At the time of his arrest, Bertolone was allegedly found holding four packages of ketamine, 10 packages of dimethyltryptamine, 20 packages of LSD, as well as cocaine and marijuana, along with $1,200 in cash.

The charges against Bertolone: Criminal sale of a controlled substance in the fifth degree, criminal possession of a controlled substance in the fifth degree, three counts of criminal possession of a controlled substance in the seventh degree (misdemeanors), and unlawful possession of marijuana.

The suspected drug dealer was jailed on $5,000 bail.

Uninformed deputies as well as the District Attorney's office assisted in the investigation and arrest.

Now is the time to step up.

The Fighting Irish of Notre Dame are in the semi-finals of sectional play, one of four teams remaining in their class, and that means the blue and gold will be facing some tough hombres.

Tomorrow, Notre Dame gets one of its toughest challenges of 2009 when the team takes on the Golden Knights of York. Both teams will enter Marina Auto Stadium in Rochester with 6-1 records.

Notre Dame comes in as the #2 seed vs. York's #3, but Head Coach Rick Mancuso isn't taking anything for granted.

"There’s only four teams left in our class," Mancuso said. "Everybody’s good now. We’re not playing an eight, we’re not playing a seven. We’re playing somebody else who has earned their way here. They’re 6-1. They come from a great league. They’ve beat some very, very good teams. The only loss they had came against a team in an absolute torrential downpour, so you can throw that one out the window. They’re a very good team and they deserve to be where they’re at. They deserve all of our respect, which we’re definitely going to give them."

Mancuso expects Notre Dame's defense to face a team that features an attacking, passing offense.

The Irish managed to win against a passing team -- uncommon in the Genesee Regional League -- this past week in Red Jacket, but gave up more than 200 yards.

"I’m sure they’re going to try and throw the ball," Mancuso said. "It looks like that’s what our weakness is. We’ve got to try and be a little more disciplined and stop that."

In its preview coverage, the Livingston County News also highlights York's passing game, shining a spotlight on wide receiver Adam Illerbrun.

Illerbrun, a 5-foot-9, 155-pound senior wideout, leads the Golden Knights’ air attack with 302 yards on 17 catches (18 avg).

The News also notes that Golden Knights are plus-16 on turnovers, among the best turnover ratios in the section.

Notre Dame's game time is 6:30 p.m..

The winner will face either #4 Cuba-Rushford (5-2) or #1 Dundee (7-0), who square off at 4 p.m. in Rochester.

In other Saturday games, in Class C, #6 seed Marcus Whittman (5-2)  visits #3 Holley (6-1) at 3 p.m. In Class DD, #3 Alexander (5-2) takes on #2 Avon (6-1) at 1:30 p.m. in Rochester.

Tonight, Attica played South Seneca, but that score is not yet available.

Town of Batavia Engine 24 and Mercy EMS are responding to reported vehicle accident at 5210 Ellicott Street Road, Batavia.

There are reportedly injuries, but EMS was just told to respond non-emergency.

UPDATE: Engine 24 being called back. Only Rescue 20 responding at this time.

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City Fire is being dispatched to UMMC for a reported hazardous material situation in an operating room.

Reportedly, approximately four to eight ounces of a noxious material has spilled.

The area has been evacuated and cordoned off.

Engine 12 and Ladder 15 are responding to evaluate the situation.

UPDATE 10:13 a.m.: Fire officials are saying it's a minor spill and can be cleaned up with soap and water.  I believe it is Chief Ralph Hyde who just said, "This is a minor spill that we can handle with no problem."