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Pole and wires down on Harvester Avenue in the city, blocking traffic, trapping driver

By Billie Owens

A pole and wires are down in front of 56 Harvester Ave. They are blocking traffic. A female is trapped in her vehicle there and wires are around the vehicle. City fire is responding.

UPDATE 2:18 p.m.: City police are asked to respond to direct traffic.

UPDATE 2:30 p.m.: The second platoon is asked to respond to city fire headquarters. It appears that a train accidentally yanked the pole and wires down and the train is stopped on Harvester, blocking the roadway.

UPDATE 2:34 p.m.: There are two power poles down, one on each side of the train tracks. There are also two vehicles draped with live wires, both occupied. The roadway is blocked by a cargo train hauling tank cars manufactured by the adjacent Graham Corp. It appears the cargo train snagged the wires, bringing down the poles.

UPDATE 2:47 p.m.: National Grid crews removed the wires and the drivers inside the trapped vehicles were able to back out of their predicament and move to safe locations.

UPDATE 4:29 p.m.: City Fire is clearing the scene, but Harvester remains barricaded.

(Photos by Howard Owens.)

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Le Roy opens school year with motivational speaker

By Howard B. Owens

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Yesterday, Le Roy Jr.-Sr. High School hosted its year-opening Pride Day. Principal Tim McArdle sent over these photos and this message:

Today (yesterday) we kicked off our Le Roy PRIDE character education program by hosting our annual school-wide assembly. Our newly named All-State Music performer, Sophie Farnholz, played the national anthem to begin the festivities!

I then reviewed highlights from last year and shared how we want to continue our momentum into this year. We talked about the importance of students honing their own character skills and how they will be vital in being career ready. Our Student Council president Kieran O’Halloran addressed our students encouraging them to rally around each other and fully support all of our teams, clubs and music groups this year.

The assembly was highlighted by national motivational speaker Zach Gowen. Zach is a professional wrestler who has overcome many obstacles in his life, one being losing his left leg when he was 8 years old. He is the first one-legged competitor in professional wrestling. His real life message was well received by our students and teachers. We hope that students really take to heart his story and the many important points he made.

I would like to thank senior Paul Elliott who originally pitched Zach as a potential speaker last spring and also our Emerging Knights Leadership Team who interviewed Zach this summer to confirm he would be a perfect fit for our assembly and, boy, was he! Please ask your child about their impressions from today’s assembly! 

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Football Preview: Chatt, Schwable and Woodward ready to lead Hornets in 2015

By Howard B. Owens

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There was a point during the off-season where it looked like the tradition of Hornets football might come to an end. The team was struggling to fill its roster and negotiations were under way to merge with Pembroke.

But the coaches and the players rallied, and when Oakfield-Alabama takes its home field tonight against Notre Dame, 26 players will suit up.

"We talked about keeping the football team here and keeping the tradition here and they (players and coaches) really stepped up to the plate and did a nice job of being here and keeping our program going," said Head Coach Brian Palone.

This will be a season where a young team needs to grow, especially on the lines, where this year's starters are last year's second string, or modified player. But it's also a team other GR coaches acknowledge needs to be taken seriously every week with returners Allen Chatt at QB and Sal Schwable and Reice Woodward as wideouts. Those three alone give Palone some weapons he can use to challenge opponents.

"Our goal is to improve every day," Palone said. "I tell the guys how fortunate they are to come out every day and wear the Hornets' uniform and represent their school and their community. We're going to compete and get better every game."

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Field to Fork Feast highlights the bounty of Genesee County's ag community

By Howard B. Owens

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Amidst verdant rows of corn in nearby fields, with rays of golden, late afternoon sunshine lighting the sky, and a bounty of locally grown meat and vegetables ready for the guests, Shelly Stein beamed.

"We love this land," Stein said. "We really love this land. What we hope to do tonight is really invite others to have this same experience that we do every day out here, on the land, appreciating all of the food and the good fiber it provides for us, every day."

The Stein family opened their land to the community for a feast called Field to Fork Feast. It was a fundraiser to help support the America's Greatest Communities effort, but it was also a chance to highlight Genesee County's beauty, abundance and goodwill.

"There's a great deal of hard work that goes into what we do, but there's also a deep appreciation and the fact that we don't farm alone," Stein said. "We always farm with God and Mother Nature at our right and left hands, along with our family, and we're just blessed to be able to to support the contest that is America's Best Communities for Le Roy and Bergen and to share our passion. We feel honored."

The locally grown food was prepared by D&R Depot and served by their catering staff.

About 150 people attended and the goal was to raise $5,000 of the $15,000 needed in support of the America's Best Communities contest.

"We call Genesee County the 'Breadbasket of Western New York,' " Stein said. "All across the country, we are known as a county that is highly educated in our agricultural fields and that we adapt technology quick and fast and we are great producers here, so to be able to share that tonight is incredibly important."

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Bellavia to emcee annual gala benefiting Justice for Children

By Howard B. Owens

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Batavia resident, decorated Iraq War veteran, author and former congressional candidate David Bellavia (center) will be the emcee for the annual Bidding on a Brighter Future Gala at Genesee Community College on Sept. 19.

The annual event is a fundraiser organized by the Kiwanis Club of Batavia to benefit the Child Advocacy Center and Justice for Children. In its fifth year, organizers expect to cap the initial goal of raising $150,000 for a new CAC center. The CAC is now in quarters on East Main Street and the money may be used for rehabilitation of that facility.

The event is in the Forum starting at 5:30 p.m. and includes live, silent and basket auctions, entertainment and food. Tickets are $50 per person or $400 for a table of 10. 

To make a donation, become a sponsor or purchase tickets, visit GLOWGala.org.

With Bellavia in the photo, District Attorney Lawrence Friedman and CAC supervisor Anne Bezon.

Law and Order: Home health care provider accused of stealing credit card from client

By Howard B. Owens
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   Rebecca Santiago

Rebecca L. Santiago, 29, of Main Road, Stafford, is charged with possession of stolen property, 4th, and four counts of identity theft, 3rd. Santiago allegedly stole a credit card from a person under her care while working as a health care provider in Livingston County. She allegedly possessed and used the card while in the Village of Le Roy and other jurisdictions multiple times. Santiago turned herself in to Le Roy PD and was issued an appearance ticket. Santiago was also arrested by the Sheriff's Office and charged with criminal possession of stolen property, 4th, and identify theft, 3rd. She allegedly used the stolen credit card to make purchases at Walmart.

Eric H. Pannell, 44, of Buffalo, is charged with DWI. Pannell was arrested at the Crosby's Gas Station in Corfu. Troopers reportedly observed a vehicle at the station and initiated an interview with one of the passengers. During the interview, another passenger was reportedly seen tossing a beer can out of the car. A trooper allegedly detected the strong odor of alcohol coming from Parnnell, identified as the driver. He was subjected to a field sobriety test and allegedly failed. At SP Batavia's barracks, his BAC was allegedly recorded at .17, more than twice the legal limit. He was jailed on $500 bail. Citations were issued for allegedly consuming alcohol in a motor vehicle and for littering.

Nicholas Morath, 26, of Bullis Road, Elma, is charged with DWI, driving with a BAC of .08, unregistered motor vehicle and speeding (55 in a 35 mph zone). Morath was stopped at 11:15 p.m. Thursday on Route 77, Darien, by Sgt. Ron Meides.

Eric J. Merritt, 26, of Rose Road, Batavia, is charged with criminal trespass. Merritt allegedly forced entry into a dwelling on Bank Street Road at 2 a.m., Wednesday.

Deborah Elizabeth LaMartina, 34, of Ravine Street, Rochester, was arrested on a warrant for first degree aggravated unlicensed operation, DWI and criminal possession of stolen property, 4th. She was arraigned in County Court and ordered held without bail.

Jose Antonion Martinez, 45, of Broadway Road, Alden, is charged with second-degree harassment. Martinez was being held in the Erie County Jail on an unrelated matter and was arrested on a warrant upon his release. He was arraigned and released on his own recognizance.

Four arrests at first night of Luke Bryan at Darien Lake

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Luke Bryan concert at Darien Lake Performing Arts Center on Thursday. 

Daniel J. Zybezynski, 22, of Toelsin Road, Cheektowaga, is charged with two counts of second-degree harassment after allegedly punching two CSC security officers while they were escorting another patron out of the venue.

Richard A. Anzalone Jr., 26, of Beaver Lane, Grand Island, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Kapry A. Packard, 25, of Mt. Vernon Avenue, West Seneca, is charged with for unlawful dealing with a child after allegedly providing alcohol to a subject under 21.

Rita H. Buettner, 59, of Cedar Street, Akron, is charged with for second-degree harassment after allegedly punched a CSC security officer while being ejected from the concert.

Luke Bryan performs again tonight at Darien Lake. The show is sold out.

Car entangled in live wires, transformer yanked down in front of GC Airport

By Billie Owens

A car is reportedly entangled in wires from a power pole on East Saile Drive in front of the Genesee County Airport. A transformer was yanked down, too. The wires are believed to be live. Town of Batavia Fire Department is responding.

UPDATE 6:45 p.m.: Command on scene says responding unit can go back in service.

Semi vs. car accident with serious injuries reported at Ledge and Alleghany roads

By Billie Owens

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(Photo by Howard Owens.)

A tractor-trailer vs. car accident with serious injuries is reported at Alleghany and Ledge roads. Mercy Flight's availability is being checked. Alabama fire and Mercy medics are responding.

UPDATE 1:38 p.m.: Pembroke and Indian Falls fire police are requested to assist Alabama fire by shutting down Phelps Road at Route 77.

UPDATE 2:02 p.m.: This is a fatal accident. A car is wedged under the semi-truck.

UPDATE 3:21 p.m.: Sheriff's Chief Deputy Gordon Dibble said a tractor-trailer was southbound on Route 77 and a Mercury Grand Marquis was heading eastbound on Ledge Road when the sedan failed to stop at the stop sign and drove straight into the side of the semi. Witnesses said it did not attempt to brake nor stop at the intersection. The impact wedged the car under the semi and both traveled several hundred feet before coming to a halt. The sedan's driver is dead and they are working on notification, but the body has not yet been extricated. The coroner is on scene. There were several witnesses. There is no indication that alcohol or drugs played a role for the truck driver, who did not appear to be speeding, according to witnesses. Indications are the deceased driver is from out of town. The case is being investigated; the truck's mechanics will be examined; a press release is expected later today. Dibble acknowledged that the intersection has been the site of several bad accidents, and he said so has the nearby intersection of Gabbey Road and Route 77. He said the sheer volume of traffic may account for the higher number of accidents at those intersections, but there's "nothing beyond that" such as a steep grade or curve that sets them apart. Possibly the driver in this case wasn't being attentive, was distracted.

UPDATE 6:17 p.m.: The roadways are reopened.

UPDATE 8:08 p.m.: The name of the female driver who was pronounced dead at the scene by County Coroner Karen Lang is not yet being released because the Sheriff's Office has not yet been able to complete notifications. The driver of the semi is identified as James L. Cereghin, 55, of County Road, Defiance, Ohio. A third vehicle was either struck by the Grand Marquis or debris from the vehicle. It was a Jeep Wrangler driven by Dennis R. Carroll, 64, of Transit Road, East Bethany. Neither Cereghin nor Carroll were injured in the accident. The 53-foot box trailer was hauling 46,000 pounds of boxed food product.  

UPDATE 5:40 a.m., Friday: The name of the woman who died is Donna L. Ray, 61, of East Avenue, Buffalo.

Portion of State Street to be closed today for water main repair

By Howard B. Owens

Press release:

The City of Batavia Water Department will be repairing a broken water main today on State Street. State Street will be closed to traffic from Denio Street to the City line until repairs are completed.

There will be a water service interruption for residents from Denio Street to the City line. Other residents in the area may experience low water pressure or discolored water, which should return to normal once repairs are complete.

UPDATE 5:14 p.m.: DPW sent us an update 15 minutes ago that said water was restored on State Street after a leak was fixed and now they are working to repair the road.

Legislature considers plan to fund deputy full time dedicated to getting drunks off the road

By Howard B. Owens

In an effort to maximize the return on fines paid by drunken drivers, Assistant County Manager Matt Landers is proposing using some of that money to fund the addition of a deputy to the Sheriff's Office with the position being dedicated solely to DWI enforcement.

If a dedicated DWI deputy could make just one more DWI arrest per week over the course of a year above the current arrest rate, the position would be fund itself in future years, Landers said.

Landers is proposing using $60,000 from STOP-DWI cash reserves to fund the $100,000 position for the first year.

The County Legislature must consider whether to budget the balance of the $40,000 cost to get the new position started. The additional $40,000 will cover the cost of fringe benefits for the new deputy.

The STOP-DWI plan was recommended for approval by the Ways and Means Committee on Wednesday, but not without some concerns and skepticism raised.

Legislators asked whether other deputies not assigned to the STOP-DWI detail might be less inclined to enforce DWI, thinking, "That's the other guy's job," but Landers expressed confidence that the other deputies' professionalism would prevent that mindset.

Legislator Ray Cianfrini, an attorney, raised concerns that a dedicated DWI patrolman might feel the pressure to make quota and engage in practices courts have determined to constitute entrapment, but Landers said he believes there's enough DWI activity that isn't being thwarted now to keep a full-time DWI deputy busy.

In fact, Landers thinks a dedicated patrol might actually arrest more than just one extra drunken driver per week, but his budget numbers remain conservative at one per week.

After the meeting, Landers said DWI arrests have dropped off the past couple of years, either because more deputy hours are being tied up with prisoner transports, or because staffing has been constrained both in the Sheriff's Office and Batavia PD.

"I don't necessarily believe it was due to fewer drunks on the road," Landers said. "I think they're out there. I'm trying to give the resources to the local law enforcement agencies to go after the drunks who are out there."

The Sheriff's Office has typically received STOP-DWI funds to provide overtime pay to deputies to engage in extra anti-DWI enforcement patrols. Under the new plan, that OT amount will be cut from $30,000 to $25,000, so there will still be dedicated part-time patrols in addition to the full-time, dedicated DWI deputy.

Batavia PD and Le Roy PD would receive their usual amount of STOP-DWI funding for overtime pay for dedicated DWI patrols.

"I figure this is a better way to spend STOP-DWI money and a better way and more efficient way to get more drunks off the road," Landers said.

Candlelight vigil in Austin Park memorializes infant whose cause of death is undetermined

By Howard B. Owens

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Unnamed, unknown for months, and whose death is shrouded in mystery, an infant who may never have drawn a breath in this mortal world, was memorialized Wednesday night in a candlelight vigil in Austin Park.

There were words of compassion for Christina M. Colantonio, the 28-year-old Liberty Street woman charged with murder in the second degree even as the District Attorney's Office hedges on its claim of sufficient evidence to proceed with a criminal complaint, and greater compassion expressed for the female infant who may have been stillborn, or may have been killed by her own mother, but either way, whose birth was reportedly kept secret, her body hidden in her mother's apartment for about three months.

"Tonight, we're not just out here to remember a life that really didn't have that chance (to make a decision for Christ)," said Pastor Jason Norton. "We're not going to see her pretty face run and skip in this world, and we're not going to hear her pretty voice, and we're not going to experience her here.

"But people, I tell you, she has been received into the heavenlies. I tell you, if you want to know her, then just accept Jesus and believe in him and one day you also will be there and you'll be able to embrace her."

After Norton spoke -- the last of several speakers -- the 40 or 50 people gathered carried their lit candles over to Norton's church in City Center for a reception.

Norton said their candles represented a light in this world to battle the darkness.

"I believe with all of my heart that what we're doing tonight is just not to remember her precious life, and that's why we're here primarily, but we're also here to make a bold statement to our city. We're here to make a bold statement to this region, to this community, that darkness and evil shall not prevail and have its way in this area. Amen. (Amen.) We are making a bold declaration tonight."

Earlier, Pastor Tim Young called on those assembled to pray for Colantonio and her family.

"We're here today to encourage each other," Young said. "We're here to help the family, to give them comfort in this time of need, to help them in whatever we can, to love them, as Christ loves us.

"I encouage each and every one of you in whatever way you can to reach out to this family, to Christina, also, because this lady, woman, needs lots of prayer," Young added. "She needs lots of prayer. The family needs lots of prayer. We need to help and support them in any way we can."

Tammy Arneth, of All Babies Cherished, expressed concern that an expectant mother in the community might not know of the free resources her agency provides.

The agency can help new mothers with emotional support as well as material needs, all for free, but new parents are expected to take some classes through the program.

"It breaks my heart that maybe Christina didn't know to come to see us," Arneth said, adding later, "We had more than 900 visits last year alone and obviously that wasn't enough, because if somebody in this community doesn't know to come to us for services, then we're not doing the job."

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The donated stuffed toys will be given to Batavia PD so officers can hand them out to children who might need the tender care they represent in times of crisis.

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Attendees had a chance to sign cards for the baby's family.

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Pastor Tim Young

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Pastor Jason Norton

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Tammy Arneth speaking.

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Stephanie Armstrong with a closing song.

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Possible serious injuries reported in motorcycle wreck at Warsaw and Perry roads

By Billie Owens

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A motorcycle accident with possibly serious injuries is reported at Warsaw and Perry roads. Le Roy fire and ambulance are responding. The rider is down in the roadway, not moving, said the dispatcher.

UPDATE 6:08 p.m.: The rider has medical issues which precipitated the accident. He is not seriously hurt. He is being taken to a hospital by Le Roy for his medical issues and for evaluation. No other vehicles were involved.

UPDATE 6:11 p.m.: Responders said the victim was not moving because he was being restrained by Good Samaritans, passersby who stopped and held him in place for his own good until medics arrived, so as not to worsen any injury.

City firefighters will flush hydrants Friday south of West Main and west of Jackson

By Billie Owens

Press release from Lt. Jeff Whitcombe, City of Batavia Fire Department:

The City of Batavia Fire Department will be flushing fire hydrants on Friday, Sept. 4, from approximately 9 a.m. to noon in the general area south of West Main Street and west of Jackson Street, including Walnut Street, Pearl Street and South Main Street. Homes and businesses nearby will be affected.

These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

Le Roy Central School District gets $10,000 grant from farmers' fund

By Billie Owens

Submitted photo. From left: Kim Cox (superintendent). Michael Chiulli (science teacher), Jeff Cunningham (Monsanto rep), Jackie Whiting (school board member), Tim McArdle (principal).

Press release:

Le Roy Central School District has received a $10,000 grant from America’s Farmers Grow Rural Education, sponsored by the Monsanto Fund. The district will use the money to purchase new lab equipment and instructional materials, allowing teachers to incorporate advanced, hands-on experiments in upper-level science classes for high school students.

Through this enhanced science curriculum, the district will introduce students to higher-level lab activities and spur their interest in biotechnology and other science, technology, engineering and mathematics (STEM) careers.

“The projects will expose students to technology they wouldn’t otherwise have access to,” said biology teacher Michael Chiulli. “This experience makes them more competitive for colleges and careers, and will hopefully encourage them to stay in the region as the biotechnology sector continues to expand in western New York.”

Farmers who nominated the school district and representatives from the school and the Monsanto Fund attended a check presentation to celebrate the grant during the back-to-school assembly on Sept. 1.

This year the school district also received an educational starter kit from Monsanto Company to help establish a pollinator garden, which will give students firsthand knowledge of the critical role habitat plays in providing bees and butterflies with food, shelter and places to lay eggs.

Since 2011, Grow Rural Education has awarded more than $9 million to help keep rural public school districts growing. The program works with farmers to nominate public school districts to compete for math and science grants of $10,000 or $25,000. Grant applications are reviewed and finalists selected by a panel of teachers. Winning applications are chosen by an advisory council comprised of farmers from across the United States.

Visit www.GrowRuralEducation.com to see the full list of winners for this year. A sister program, America’s Farmers Grow Communities, is currently enrolling farmers for 2016. To sign up, visit www.GrowCommunities.com before Nov. 30.

These programs are part of the America’s Farmers initiative. The America’s Farmers campaign and programs have advocated on behalf of farmers and their efforts to meet society’s needs through agriculture. Today, consumers are more interested than ever in agriculture and how food is grown. Farmers and others in the industry are joining in on the conversation to help raise awareness about agriculture and share their stories with their communities.

Learn more at cfiengage.org

No information forthcoming on why arrest made on murder charge before ME's report

By Howard B. Owens

Officials continue to refuse media requests for an explanation of why Christina M. Colantonio was charged with murder before all of the evidence was available to law enforcement.

District Attorney Lawrence Friedman has not acknowledged a request for an interview e-mailed to him last night and Colantonio's attorney, Public Defender Jerry Ader, refused to accept a phone call from a reporter this morning. Calls to Batavia PD are being referred to the District Attorney's Office.

Meanwhile, Colantonio has been scheduled to appear in court at 10:30 a.m., Sept. 23, for what's known as a "call" appearance. A call appearance is a chance for the judge to be updated on the status of the case.

The 28-year-old Liberty Street resident was charged with murder in the second degree Saturday following the grisly discovery of an infant's body in an ice cooler in her home.  

She was released from custody yesterday after the DA's office admitted there wasn't sufficient evidence to hold her.

Friedman stated in a press conference Saturday, and reiterated in a press release yesterday, that Colantonio was arrested and charged based on evidence he wouldn't discuss and witness interviews. The charging document filed with City Court indicated Colantonio made statements that were used as evidence for the arrest.

It was only after Colantonio's arrest that the infant's body was sent to the Monroe County Medical Examiner's Office for an autopsy. The autopsy revealed that it was impossible to determine if Colantonio, who apparently gave birth at home, delivered a live baby or if the baby was stillborn.

Without that critical piece of evidence, Friedman said, his office was unable to proceed with a grand jury presentation within the constitutionally mandated timeframe, so Colantonio was released from custody. The murder charge is still pending, however.  

In yesterday's statement, the DA's office said, "Due to the fact that this case is still being investigated, the legal principle that the Defendant is presumed innocent until proven guilty and the necessity to preserve the integrity of this matter, we will not be granting interviews or responding to questions regarding this matter. Once the next step is taken regarding this case, more information will be provided."

Friedman is an elected official and Ader is appointed to his position by the County Legislature.

Should the District Attorney fully explain why Colantonio was charged with murder before key evidence was in?

Lost cat at MedTech Center

By Howard B. Owens

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This orange tabby kept trying to get into the MedTech Center on R. Steven Hawley Drive (across from GCC) this morning. Workers there think it's a house cat who is lost. It's being kept at the nursing office. Call (585) 343-0055, ext. 6355.

Top Items on Batavia's List

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