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With two dissents in a NYS Supreme Court ruling upholding the murder conviction of Scott F. Doll, one of Doll's attorneys said in the wake of the ruling that the defense will request that the NYS Court of Appeals review the case.

Timothy P. Murphy, of the Buffalo firm Lipstiz, Scime, Cambria, said the ruling expands the so-called "emergency doctrine" beyond what previous courts ruled.

"We're obviously disappointed with the results," Murphy said. "But there were two dissenting votes, so we will be an appeal with the Court of Appeals in Albany."

On a 3-2 vote, the justices found that statements made by Doll to the deputies and investigators he spoke to Feb. 16, 2009 were admissible as evidence against Doll.

The statements in question were made before the body of Joseph Benaquist, 66, was found bludgeoned on the driveway of his Pembroke home.

The court also ruled that statements Doll made to a friend in the presence of an investigator were also admissible.

The two dissenting justices disagreed with the majority on the use of the "emergency doctrine" regarding statements made before the murder was discovered, but agreed that the Doll's statements to a friend back at the Sheriff's Office were admissible.

The emergency doctrine allows police officers to detain and question a person when they believe the life of a person or persons may be in jeopardy. In an emergency situation, where lives may be at stake, police are not required to read a person his rights.

The majority's opinion upheld every aspect of the prosecution's case that was appealed, including the investigative work of the Sheriff's Office.

"We think (Doll) was properly convicted and the proof was there," Sheriff Gary Maha said. "They (deputies and investigators) did a great job. They were very thorough. It was a job well done by our people to make sure they covered all the bases."

Maha said he never had a doubt that his staff handled the case appropriately and that the court would back up his department.

"They're well trained," Maha said. They know that their jobs for those type of situations. They were following the law. I know the defense wants to put doubt in the jurors' minds. That’s their job, but our officers did their job and followed the law correctly."

District Attorney Lawrence Friedman said he was also pleased, but not surprised by the ruling.

"We were expecting this result based on the attitude expressed by the judges at the appellant division when the case was argued," Friedman said.

While Friedman praised the work of the entire Sheriff's Office staff on the case, he singled out Deputy James Diehl for exceptional work.

Diehl had only recently started working for the Sheriff's Office in February 2009 when he was dispatched to investigate a suspicious individual ducking behind cars at an old gas station at Main Road and Lake Road in Pembroke.

After arriving on scene, he encountered Doll, who immediately dropped what later turned out to be a car jack and he had a lug wrench in a pocket.

As Diehl interviewed Doll, he notice Doll had fresh blood on his jumpsuit, his hands and his face.

When questioned, Doll said he was butchering deer. 

Diehl was immediately suspicious of Doll's story and when a witness approached and identified Doll as the suspicious subject seen at the gas station, Diehl cuffed Doll and told him he was being detained until things could be sorted out.

"From the start, Deputy James Diehl did an excellent job of perceiving a suspicious situation and following up on it," Friedman said. "From our perspective, he did everything right. If he didn't follow through on it, we might never had made our case."

It was Diehl's actions, along with Deputy Patrick Reeves, who was second on scene, that came under scrutiny in the appeal by the defense team, however.

The defense contends that Doll should have been given a Miranda warning ("You have the right to remain silent, etc.") and when he asked for an attorney, all questioning of Doll should have stopped until an attorney was present.

Friedman argued that the preponderance of evidence available to deputies was that a person or persons had been seriously hurt. The amount of blood on Doll, and his inconsistent story about butchering deer and then going to see a friend and being involved in a car transaction, gave the deputies reason to believe a person or persons may be in serious trouble and that Doll had been in close proximity to whatever it was that caused a person or persons to bleed profusely.

The majority of the Fourth Judicial Department judges agreed with Friedman.

"... the deputies did not violate the defendant's right to counsel or his Miranda rights under the unique circumstances of the case," wrote the majority in their opinion. "The amount of blood present on the defendant's face, hands, clothing and van, and on the ground, along with bloody gloves on top of a nearby car, indicated that one or more persons had been grievously injured and that the defendant had been in close contact with the person or persons."

The court also found that given Doll's inconsistent statements to deputies, "they were justified in concluding that one or more persons had been injured and were in need of assistance or rescue."

The dissenting judges argued that the deputies did not have enough information to conclude there was a human victim and found that Doll's statement that he had been butchering deer was plausible.

Defense attorney Murphy said that in his initial ruling at trial in May 2010, Judge Robert C. Noonan expanded the scope of the emergency doctrine and though the Fourth Department upheld Noonan, Murphy believes the proper scope of the emergency doctrine can be reestablished in the Court of Appeals.

Both majority and dissent judges agreed that a friend who visited with Doll in the presence of Investigator Kris Kautz was not working in collusion with police and therefore Doll's statements could be used against him at trial.

The court also rejected a defense argument that Doll's van was seized without a probable cause and that the prosecution properly obtained business records of Doll's.

Doll is currently serving 15 years to life for the murder of Benaquist at the Sullivan Correctional Facility in Fallsburg.

For all of our previous coverage of the Scott Doll case, click here.

Batavia police are on Hutchins Street dealing with a person who is reportedly on a rooftop hallucinating and yelling statements about the police.

Batavia Fire Department is sending over a ladder truck and Mercy EMS is in route.

UPDATE 4:52 p.m.: The person is safely off the roof and is being transported to UMMC for evaluation. Lt. Jim Henning said that the subject asked for water and 10 minutes to gather his thoughts. Once he drank the water, he was ready to climb down the ladder provided by fire personnel. Henning said the subject fits the description of a suspect in an earlier criminal mischief complaint wherein some bathroom fixtures were ripped from the wall in a building on Swan Street.

By a vote of 3-2, the NYS Supreme Court has upheld the murder conviction of Scott F. Doll, convicted May 20, 2010 of killing Joseph Benaquist, 66, on Feb. 16, 2009.

The majority found that Doll's Constitutional rights were not compromised by Sheriff's deputies and investigators who responded to Lake Road, Pembroke, after Doll was found wandering the area in a blood-splattered jumpsuit.

UPDATE: Full Story

Edward J. Fuller, 22, of Clifford Avenue, Rochester, was sent to prison for three years Thursday after being picked up on a warrant in Mt. Morris and being turned over to the Sheriff's Office. Fuller was previously convicted of criminal possession of a controlled substance with intent to sell and failed to appear for his sentencing, so a warrant was issued. Following his arrest, Fuller was transported to Genesee County Court and sentenced by Judge Robert C. Noonan. (Original Arrest Report)

Thomas Charles Zimmer, 35, of State Street, Batavia, is charged with criminal contempt, 2nd. Zimmer was allegedly in his wife's hotel room in violation of a court order.

Javier Resendez, 23, of Cockram Road, Byron, is charged with illegal entry into the United States. Resendez was taken into custody following a report of a suspicious male trying to find a ride home at the Arrow Mart on Clinton Street Road, Batavia.

Samuel Robert Thomas, 57, no permanent address, is charged with petit larceny. Thomas is accused of stealing and damaging 16 newspapers left for sale at the Arrow Mart on Clinton Street Road, Batavia.

How conservative is Mitt Romney?

New York Times: Shots by Murdoch at Romney Play Out to Conservative Core

Joy Hale is this year's winner of the annual Don Carroll's Toys for Kids lottery ticket basket raffle. The basket contained more than $200 in scratchers and gift certificates (not counting potential winnings, of course). Hale's ticket was drawn by Jeff Heubusch, owner of Southside Deli, who donated the lottery tickets. Above, Carroll, left, and Heubusch.

Nicholas A. Antonucci, 25, of 4192 Broadway Road, Alexander, is charged with burglary, 2nd, grand larceny, 3rd, and grand larceny, 4th. Antonucci is accused of stealing a shotgun from a residence in the Town of Gainesville and of stealing a dirt bike from a residence in the Town of Covington. The shotgun was reportedly recovered in Batavia. Antonucci was already in the Wyoming County Jail on $100,000 bail charged with other burglaries and thefts. On each of the new charges, $50,000 was added to Antonucci's bail.

Jordan Kyle Prentice, 21, of Batavia Oakfield Townline Road, Batavia, is charged with DWAI, unlawful possession of marijuana, failure to keep right and driving left of pavement marking. Prentice was stopped at 12:42 p.m., June 22, on Judge Road, Alabama, by Sgt. Tom Sanfratello for allegedly driving down the middle of the road. Prentice is accused of driving under the influence of marijuana.

Bradley Micheal Crandall, 44, of Lake Street, Le Roy. Crandall is accused of stealing cans of beer from Tops in Le Roy. He was apprehended after a short foot chase by a store employee.

John Arthur Smith, 45, West Bergen Road, Le Roy, is charged with resisting arrest, obstructing governmental administration, 2nd, and harassment, 2nd. Smith is accused of interfering with an investigation into a domestic incident. He allegedly pushed a deputy's arm away several times as the deputy attempted to place him into custody.

Sarah P. Nichols, 29, of 112 Ellsworth Ave., Batavia, is charged with petit larceny. Nichols is accused of stealing $50 from the cash drawer at her place of employment on West Main Street.

Lucas George Yauchzee, 22, of West Bergen Road, Bergen, is charged with harassment, 2nd. Yauchzee is accused of grabbing another person by the arms and pushing that person backwards during an argument.

Christine M. Krug-Leach, 45, of 703 W. Ferry St., Buffalo, is charged with DWI, DWAI and refusal to submit to breath test. Krug-Leach was stopped at 11:11 p.m. on West Main Street, Le Roy, by Le Roy PD following a report of an erratic driver.

Matthew R. Mancini, 26, of Bedford, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Mancini was stopped at 11 p.m., Tuesday, in the Village of Alexander by State Police.

Scott Sullivan, 32, of Darien, is charged with a traffic device violation (sign). Sullivan was issued an appearance ticket by State Police on Wednesday morning.

Matthew S. Ryan, 29, of Chittenango, is charged with unlawful possession of marijuana. Ryan was detained by State Police in Darien at 7 p.m., Tuesday.

One person was injured in an accident at 6:17 p.m., Tuesday, in the parking lot of Auto Zone, 8347 Lewiston Road, after one car backed into another.

Angelo A. Ricci III, 31, of Lyndonville, was transported to UMMC with minor injuries.

Ricci's car was struck by a 2003 Dodge Van driven by  Andrew R. Webster, 31, of Batavia,

Webster, nor his four passengers, were hurt in the crash.

The accident was investigated by Deputy Joseph Graff.

A driver was cited for allegedly following too closely, leading to an accident Monday evening that sent one person to the hospital.

Joshua A. Miller, 22, of Church Street, Le Roy, was reportedly heading west at 7:21 p.m. on Route 5 in the area of Roanoke Road, Stafford, behind another vehicle.

He reportedly said he didn't realize the car driven by Linda Marie Wolf, 60, of Merle Street, Attica, was slowing down to make a turn.

Wolf's passenger, Wayne C. Wolf, 61, was transported to Strong Memorial Hospital with a complaint of neck pain.

The accident was investigated by Sgt. Greg Walker.

(Initial Report)

A natural gas leak has been reported at the meter of 15 Church St., Bergen, the location of Bonduelle Foods.

RG&E called in the leak.

Bergen Fire Department is being dispatched.

The 2,266 people who packed into Dwyer Stadium on July 4 were treated to more than just fireworks. They got to see the kind of nail-biter game that makes baseball America's pastime.

Down 2-1 going into the bottom of the ninth, the hometown heros strung together a single, double and single, to plate two runs and walk off with a victory.

The winning run scored on a close play at the plate (see above, and the slide show for more pictures of the score) when Anthony Melchionda scored on a single by Jacob Wilson.

It was the first lead the Muckdogs enjoyed all night.

The low-scoring game meant that nine innings passed quickly.

Muckdogs management entertained fans with a game of musical chairs before the sun faded enough to allow the fireworks show to begin.

If you can't view the slide show of photos, click here.

What a beautiful day for a picnic in the park, and today, hundreds of Batavia and Genesee County residents agreed.

The city's annual Picnic in the Park in Centennial Park was a perfect reminder of how fortunate we are to live in a great community and a free country.

It was also great to see Don Carroll out doing what he does best: Raising money for Toys for Kids.

If you're unable to view the slide show below, click here. To purchase prints of any of these photos, click here.

A one-vehicle accident with minor injuries has been reported at Route 20 and Pavilion Center Road, Pavilion.

Pavilion Fire Department and Mercy EMS responding.

UPDATE 10:49 p.m.: Second ambulance requested to the scene.

UPDATE 11:04 p.m.: One person being transported to Strong hospital.

For a concert that drew more than 20,000 people, the Dave Matthews Band show at  Darien Lake Performing Arts Center was largely uneventful.

There were the usual trespass and harassment arrests -- a dozen people total were taken into custody -- but no major fights or serious crimes.

The most notable arrest came early in the evening when Matthew D. Battiston, 20, of Lehn Springs Drive, Williamsville, and Kathryn D. Brown, 19, of Brenridge Road, East Amherst, were caught climbing the cell tower on the east side of the park, allegedly without permission.

Battiston and Brown were both charged with criminal trespass, 3rd, and released on pre-arranged bail of $125 each (pre-arranged bail means they didn't appear in court, but put up the cash in the security processing trailer at Darien Lake).

Brown's mother was at the concert and picked her up. Battiston's mother drove from her home and paid his bail.

Battiston told deputies that what he did was "really stupid."

"This is the last place I would expect to be," said Battiston while handcuffed to a chair in the security trailer. "I'm really embarrassed."

Brown was treated for minor cuts on her legs suffered as she climbed over the barbwire-topped fence around the cell tower.

Both Battiston and Brown were fully cooperative with law enforcement during their arrest and processing and Battiston said they hadn't been drinking.

It might surprise readers to know that not every person that gets kicked out of the concert venue is arrested.

At one point during the evening, near the end of the show, a patron was escorted out of the venue in a wrist lock (deputies do not enter the concert area). Deputies interviewed him for about 10 minutes and then released him.

A deputy said that the man had gotten into a verbal argument with his girlfriend and a group of intoxicated males started yelling at him and pushing him, so he ran from the encounter, which caused security to grab him for possibly causing a disturbance.

The deputy said it's not uncommon for men to get into a verbal argument with their date and have intoxicated males intervene.

Then there are the guys who could probably avoid arrest if they were just a bit more cooperative after getting escorted from the venue.

One gentleman (I've not been able to confirm his name from the arrest report) was brought outside and handed over to a deputy, being told by security, "Show them your ID, all of your ID, including your badge."

Apparently, the man had claimed inside the venue to be a deputy.

However, as a security supervisor interviewed him, the conversation seemed to be going pretty well. He might have been able to talk his way out of an arrest, but he suddenly yelled (by suddenly, we mean without apparent provocation), "Don't yell at me!"

He then started yelling, "Just arrest me, just arrest me, I know you want to do it anyway!"

At that point, he turned to Deputy Jason Saile and started yelling at him that "you might as well arrest me." 

The man then turned around and yelled a string of profanities at Deputy Lonnie Nati. After a minute of this, Nati said, "That's it. You're under arrest."

My evening ride-along with the Sheriff's Office began with Sgt. Steve Mullen.

For the part of the shift I was with Mullen, he was stationed at the entrance known as North Pack. Mullen was there to assist event security with any problems that arose, which typically involve an already overly intoxicated person trying to enter the concert venue.

If you're too drunk, Darien security will keep you out.

One woman who was with her date and another couple were stopped by security and Mullen was called over to check her sobriety. A friend told Mullen that the woman was on medication, which made her appear more drunk than she was.  Mullen administered a breath test and showed the results to an event security officer who said simply, "she's not getting in."

Later, I rode in a gator with Sgt. Tom Sanfratello and two members of Darien's security team to South Pack, another entrance.

It was at this location that I observed two of the events described above.

From there, we went to Employee Road for "The Dump," when the concert is over and the majority of people leave.

The Dump is the time when most of the fights occur and people become frustrated by the two-hour process of driving out of the parking lot.

On Tuesday, there were only two minor altercations reported, both broken up and dispersed by the time deputies arrived on scene.

As The Dump winds down, deputies begin "The Push." They drive through the parking areas in golf carts and gators advising anybody who is lingering that the parking lot is closing.

There's a few dozen people at this point either hanging out in lawn chairs enjoying a late night snack or sleeping in their cars.

There appears to be enough trash on the ground to stuff a small landfill. Nobody takes their empties with them.

After the jump (click on the headline to read more) a photo tour of the evening followed by the complete Sheriff's Office press release of arrests and citations.

John P. Cryan, 18 of Darwit Drive, Amherst, the first arrestee of the night, is processed by deputies. Cryan was allegedly with a group of underage drinkers. According to a deputy, he leaned down to ostensibly get his ID from his backpack and then took off running. He allegedly jumped a fence into the VIP parking area, which he wasn't authorized to enter. Cryan was charged with obstructing governmental administration, 2nd, criminal trespass, 3rd, resisting arrest, and unlawful possession of marijuana. He was jailed on $750 bail.

Patrons are lightly frisked as they enter the venue.

A pair of deputies sit in a golf cart near the entrance to the park on Employee Road and write citations for alleged underage consumption of alcohol.

Responding to the scene of two people climbing on the cell tower ...

They allegedly got themselves in ... they try to get themselves out ...

but need some help ...

Under arrest.

An unidentified arrestee outside the security trailer.

Another arrest.

Only a very small sample of the amount of trash left in the parking lot.

A gentleman who tried to run from deputies after being escorted from the concert venue is taken into custody.

A woman is being taken into custody who originally argued that she shouldn't be arrested because her daddy owned a VIP box. She allegedly kicked a security officer in the groin.

Items brought by concertgoers that security would not allow into the venue. Some people would retrieve their belongings as they left, but by 1:30 a.m., when nearly everybody had left Darien Lake, most of this pile would still be there.

After yelling profanities at Deputy Nati, a suspect is taken into custody while another deputy video tapes the arrest.

On Employee Road, cars exit from the VIP lot in one lane while pedestrians head toward Sumner Road in the other lane.

A stretch limo heads out from the concert on Employee Road.

When it comes time for the bands to leave, Employee Road is cleared of traffic, and pedestrians and the buses are given a police escort out of the park.

If you look closely, you can see Dave Matthews at the front of the bus. Matthews was taken to the Genesee County Airport where a private plane awaited his arrival.

Sumner Road and Cherry Hill, from the vantage point of Employee Road.

Here's the arrest report from the Sheriff's Office:

John P. Cryan, 18, of Darwit Drive, Amherst, is charged with obstructing governmental administration, 2nd, criminal trespass, 3rd, resisting arrest, unlawful possession, of marijuana and possessing alcohol under age 21. Cryan allegedly, while being detained for possessing alcohol under age 21, fled on foot.  Cryan allegedly jumped a fence into the VIP parking area without permission and refused to be taken into custody. A quantity of marijuana was allegedly located in his backpack. Cryan was jailed on $500 bail.

Joseph J. Wheaton , 27, of Clark Street, Canandaigua, is charged with disorderly conduct after allegedly using obscene and abusive language in the entrance to the concert venue, which did cause alarm. Wheaton was jailed on $250 bail.

Kevin K. McCleary, 23, of Dawnbrook Lane, Williamsville, is charged with trespass after allegedly attempting to enter the concert venue after being ejected and told not to return. McCleary was jailed on $250 bail.

Matthew D. Battiston, 20, of Lehn Springs Drive, Williamsville, is charged with criminal trespass, 3rd, after allegedly climbing a fence and entering the Verizon cell phone tower just east of Darien Lake and began climbing up the tower.  Battiston was released on $125 pre-arraignment bail.

Kathryn D. Brown, 19, of Brenridge Road, E. Amherst, is charged with criminal trespass, 3rd, after allegedly climbing a fence and entered the Verizon cell phone tower just east, of Darien Lake and began climbing up the tower. Brown was released on $125 pre-arraignment bail.

Brendan J. Peters, 18, of Middle Avenue, Orchard Park, is charged with criminal trespass, 3rd, after allegedly jumping a fence to enter the concert venue.

Andrew R. Velezquez, 19, of Ontario Avenue, Hamburg, is charged with criminal trespass, 3rd, after allegedly jumping a fence to enter the concert venue. 

Karine J. Schojan, 21, of Prentiss Way, Henrietta, is charged with harassment, 2nd, after allegedly punching a security guard in the face.

Austin J. Dwyer, 20, of Downing Road, Arkport, is charged with trespass after allegedly attempting to climb a fence to enter the concert venue.

Heather M. Peterson, 27, of Clark Street, Canandaigua, is charged with trespass after allegedly refusing to leave the venue entrance after being denied entrance.

Brooke Ann Greiner, 21, of Highpoint Court, Orchard Park, is charged with harassment, 2nd, after allegedly biting a security guard while being ejected from the venue.

Brian G. Kirsch, 28, of Route 77, Varysburg, is charged with harassment, 2nd, after allegedly striking a female as he exited the concert venue.

The following individuals were cited for alleged consumption and/or possession of alcohol under age 21.

Amber R. Passarel, 20, of Hulberton Road, Holley
Jonathon T. Hughes, 19, of Lake Road, Brockport
Karl E. Daniel, 17, of Southwood Drive, Tonawanda
Nazzareno Masecchia, 17, of Admiral Road, Buffalo
Colin C. Hayden, 18, of Pinewood Terrace, East Aurora
Randall S. Gyergyek, 19, of Stolle Road, Elma
Joseph H. Boreanaz, 18, of Orchard Creek Lane, Rochester
Steven J. Voglmayr, 19, of Heim Road, Getzville
Joseph M. McFarland, 18, of Carolilly Court, East Amherst
David C. Simonetti, 18, of Mill Road, Rochester
Carmen C. Tentilucci, 17, of Orchard Creek Lane, Rochester
Kristen R. Sanseverino, 19, of Winchester Drive, Fairport
Jacy T. Karpovage, 16, of Saint Paul Blvd., Rochester
Erik C. Kleehammer, 20, of Scholfield Road, Rochester
Jacob J. Schmidt, 18, of List Avenue, Rochester
William C. Thieme, 18, of Mount Airy Drive, Rochester
Robert J. Spena, 18, of Pine Crest Drive, Rochester
Kelsey P. Butler, 20, of Thorton Road, Rochester
(name removed upon request), 20, of Deer Run, Willamsville
(name removed upon request), 20, of Fruitwood Terrace, Williamsville
Tyler J. McLaughlin, 19, of Burnwell Avenue, Lancaster
Michael P. Tomczak, 18, of Ludwig Avenue, Cheektowaga
Claire P. Raab, 17, of Hobby Lane, Orchard Park
Marcella L. Scorsone, 19, of Berkshire Street, Rochester
Paul M. Bradley, 20, of Washington Avenue, Elmira
Kelly M. Kulik, 20, of Sandridge Road, Alden
Bridget C. Brady, 20, of Elmwood Park, Tonawanda
Evan V. Brennan, 20, of Halsey Lane, Baldwinsville
Nicholas C. Orefice, 18, of Chainmaker Path, Baldwinsville
Tanner L. Bush, 20, of Hunt Road, Lakewood
Dylan J. Walsh, 20, of Stock-Brocton Road, Stocktown
Rachel E. Cunningham, 18, of Maple Street, Hornell
Matthew W. Schmidt, 20, of Miller Road, Getzville
Sarah S. Pawlak, 18, of Meadowbrook Acres, North Tonawanda
Mya J. Christy, 20, of Parkway Drive, Sinclaireville
Michael J. Lascola, 19, of Lockwood Lane, Lockport
Christian L. Portland, 19, of Willis Hill Road, Victor
Rachel M. Morganti, 20, of Kettle Run, East Aurora
Casey J. Maglier, 20, of Riverside Drive, Wellsville
Britta P. Hanna, 18, of South Lake Street, Hamburg
Julie A. McCann, 18, of Meadow Drive, Hamburg
Edward S. Barns, 19, of North Park Blvd., University Heights
Casey J. Olszewski, 19, of Amanda Lane, Cicero
Adam J. Grana, 18, of Maple Avenue, Niagara Falls
Catherine E. Ponsrock, 16, of Corneilius Lane, Baldwin Place
Alexander R. Chefalo, 18, of Norwood Avenue, Rochester
Joseph R. Sirianni, 20, of Emmett Street, Hornell
James A. Quirk, 20, of Allanvia Drive, Lockport
Connor P. Shank, 17, of Haines Street, Lockport
Dillon J. Hutchens, 17, of Onnalinda Drive, Canandaigua
Michael V. Pontillo, 19, of Bogue Avenue, Batavia
Britta J. King-Hamsik, 18, of Palmdale Drive, Williamsville
Nicholas J. Kowalski, 18, of Fieldbrook Drive, East Amherst
Shannon C. Danahy, 17, of Tuscarora Road, Buffalo
Matthew V. Pragel, 17, of Forrest Hill Drive, Williamsville
Ian P. McQuishon, 18, of Cresent Avenue, Buffalo
Corbyn D.D. Bothwell, 18, of Morris Avenue, Buffalo
Erika F. Douglas, 19, of Shadow Rock Lane, Clarance
(name redacted upon request), 18, of Chapin Parkway, Buffalo
Ariana M. Rabin, 18, of Hartford Avenue, Buffalo
Jahi K. Thorton, 18, of Wilks Avenue, Buffalo
Michael J. Supernault, 18 Nottingham Terrace, Buffalo
Julie M. Earsing, 20, of Broadway Road, Alden
Laura E. Daigler, 20, of Broadway Road, Alden
Ryan J. Wistner, 19, of Sagewood Terrace, Williamsville
Kyle J. Wistner, 19, of Sagewood Terrace, Willamsville           
Amanda M. Procknal, 19, of Pim-Oak Drive, Williamsville
Erin K. Brennan, 19, of Halsey Lane, Baldwinsville
Chelsea M. Costello, 19, of Riverside Drive, Hornell
Daniel E. Soos, 18, of Summerview Road, Williamsville
Nicholas C. Corbett, 19, of Bywater Court, Williamsville
Alexander J. Frate, 17, of Shannon Glen, Fairport
Zachary J. Beattie, 19, of Vanvoorhis Avenue, Rochester
Lori J. Nappo, 19, of Marilli Street, Buffalo
Alex R. Garretson, 20, of Eiseman Avenue, Kenmore
Correen L. Longbine, 19, of Milestrip Road, Orchard Park
Liam C. Norton, 18, of Michael Road, Orchard Park
Ryan M. Parker, 20, of Lynwood Avenue, Buffalo
Trevor E. Vargo, 19, of Benning Road, West Falls
Kathleen M. Ramsey, 18, of Lawrence Avenue, East Aurora
(name redacted upon request), 18, of Emery Road, South Wales
Colton A. Cole, 20, of Griswold Road, South Byron
Valimir R. M. Norman, 19, of Albert Drive, Lancaster
Jamie L. Reidy, 19, of Baywood Drive, Cheektowaga
David B. Williams , 18, of Walch Road, N. Tonawanda
Charles W. Schaab, 17, of Love Road, Grand Island
Antho J. Migliore, 18, of Belvoir Road, Williamsville
Simon Z. Yanni, 17, of Bowen Drive, West North Tonawanda

Sen. Kirsten Gillibrand spent some time in Western New York on Tuesday, including at least two stops in Batavia.

Gillibrand met with area Democratic leaders for lunch at Larry's Steakhouse and then toured the Alpina Products factory under construction at the Genesee Valley Agri-Business Park.

The facility, which will produce Greek yogurt and other dairy products, is nearing completion and should open in late August or September.

Gillibrand said seeing what is happening at the ag park -- which includes construction of a dairy production facility across the road from Alpina by PepsiCo and the Theo Muller Group -- is "really exciting."

"It's such an opportunity for agricultural growth in this region," Gillibrand said. "Not only is Greek yogurt production one of the fastest growing products in New York, but nationwide, and it's so well located with all of our dairies that are so close by. It makes business sense. Not only do we have a great workforce, but we have a great product, so it's going to be exciting to create these jobs, to have this industry grow in Western New York."

While there's been conflicting reports on whether New York dairies can produce enough milk to meet the demands of the new and existing Greek yogurt factories in the state, Gillibrand said she believes the dairies can meet the demand.

She said she has also introduced legislation to help New York's small dairies increase production without driving up their insurance costs.

Currently, if a small dairy wants to add a significant number of milk-producing cows, they're going to hit a cap on production imposed by insurance rules.

Gillibrand's legislation would remove the cap.

"That might give the ability of a small dairy to go up to 300 or 400 cows to meet the needs of their customers," Gillibrand said. "That would make a big difference for these projects."

Yogurt producers, Gillibrand said, don't want the expense of trucking in milk from other states to keep their production lines going and her legislation would keep the local milk flowing, she said, adding that there would be no regulatory burdens for small dairies to grow to meet local demand.

Steve Hyde, CEO of Genesee County Economic Development Center, also introduced Gillibrand to the STAMP project -- the 1,300 acre high-tech/nano-tech park that has been in planning for five years.

The senator took quite an interest in the project. She noted that with New York's previous success in Luther Forest -- the nano-tech corridor developing between Buffalo and Albany -- the surrounding technology-oriented university system, and the investment already made in the project, STAMP has a good chance to attract major manufacturers.

It was a validation of how the community and region came together on the ag park to have Gillibrand in Batavia on Tuesday to tour the Alpina facility.

"It’s really kind of heartwarming because this ag park was really nine-and-a-half years in the making," Hyde said. "Once we found a way to get it all done, get it funded, get it built, having two very significant manufacturing projects land in our back yard – like we talked about today, talk about the multiplier effect, Alpina’s working with OA-T-KA, and Stueben Food and a company in Rochester on packaging -- it’s just really really awesome."

Members of the Hoisingtons Rangers -- a group of reenactors of Batavia residents attached to Ft. Niagara -- were in Centennial Park this morning with a group of 5- through 12-year-olds to teach them a little about history.

The kids are part of a YMCA summer program.

The reenactors taught the kids about the period they represent -- the War of 1812 -- and those clothes they wore, the dishes they ate with and the muskets they shot.

The reenactors were Michael Richmond, Richard Richmond, Pete Bosch, Cynthia Richmond, Marge Ward, Amber Richmond.

Note: Several children asked me to take their pictures hoping to be on The Batavian, and I got some fine portrait shots, but a Y staffer asked me not to publish the pictures because a waiver is required by the parents. I don't need a waiver, but I don't want to get anybody at the Y in trouble with a boss. Sorry, kids, no portrait pictures.

Contractors were in Centennial Park this morning cutting down trees that a city staffer told me were targeted for removal because they were diseased. Three or four trees were cut down to a bare stump. The stumps will be removed at a later date.

Tomorrow is the Genesee-Orleans Regional Arts Council’s 34th annual family event “Picnic in the Park.”

City crews were in Centennial Park this morning putting up stages and tents in preperation for the big summer party.

While rain is predicted for the morning, by the time the picnic starts, the skies should be clearing.

The Fourth of July festivities run from noon until 5 p.m. in the historic park at Richmond and Ellicott avenues in Batavia. As is tradition, the event is kicked off by the Batavia Concert Band performing on the Main Stage at noon.

This year’s Picnic in the Park includes all-day musical entertainment, arts and crafts show, folk arts programs, food vendors, children’s activities, and much more. Admission is free.

Please call GO ART! at 343-9313, email info@goart.org, or visit <http://www.goart.org> for more information.