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Theft of tattoo reported

By Howard B. Owens

Police have been dispatched to High Voltage Tattoo and Piercing on West Main Street, Batavia, to take a report on a petit larceny of a tattoo.

A woman reportedly got a tattoo of stars on her shoulder and when the tattoo artist asked her to pay when the work was done, she said she didn't have any money.

The artist told her to wait while he called police and the woman reportedly left anyway, driving away in a black pickup truck.

Authorities will be told her name.

High voltage wire thief sent to prison, ordered to pay $86K in restitution

By Howard B. Owens
Michael Nicometo

When Michael Nicometo gets out of prison in three-and-a-half to seven years, if he's diligent he will finish repaying restitution to his victims in less than 29 years.

While sending Nicometo to prison, Judge Robert C. Noonan ordered restitution in the case of $86,017.57 at a rate of $250 a month, assuming Nicometo doesn't manage to repay the debt for his release.

Nicometo, a trained electrician, was the apparent mastermind behind a scheme to steal high voltage copper wire from industrial locations in and around Le Roy.

The total damage to Dolomite was nearly $33,000 and Troy Manufacturing suffered a loss of $53,000.

Noonan also levied a state-mandated surcharge of $4,300.

This was the third attempt in County Court to sentence Nicomento following his guilty plea Sept. 30 to burglary, 3rd, as a second felony offender.

The first sentencing was scheduled Jan. 2, but Nicometo was reportedly hospitalized for an undisclosed reason. He was then scheduled to be sentenced last week, but missed his morning appointment. He arrived in court later that afternoon, but a warrant had already been issued for his arrest.

From the bench today, Noonan said Nicometo appeared to be high on drugs when he showed up to court that day.

The 29-year-old Nicometo was taken into custody and appeared today dressed in Genesee County Jail orange.

His attorney, Brian Degnan, told Noonan that his client has a drug problem that he's never been able to shake.

"He has an untreated, severe substance abuse problem," Degan told Noonan. "He has failed at treatment every step of the way. I would ask that you consider his drug addiction as a mitigating factor, Judge. Mr. Nicometo needs treatment, Judge. He's never going to be better without treatment."

For his part, Nicometo told Noonan he was sorry and that he knew he did wrong.

An option for Noonan with some drug-addicted defendants is to require drug treatment prior to starting their prison term. That's known as a Willard Sentence.

Noonan said the first test imposed by the state on whether a Willard Sentence is appropriate is whether such a sentence would have no adverse effect on public safety or the public's confidence in the judicial system.

"I don't think I can make that finding in this case," Noonan said.

There are two co-defendants in the case, Jonathan D. Smeak, of Batavia, and Dustin C. Nicometo, but we don't have any current information on the status of those cases. Those co-defendants could be responsible for some of the restitution.

Possible structure fire reported in barn on West Saile Drive

By Howard B. Owens

A possible structure fire is reported at 4535 W. Saile Drive, a barn behind Michelle's Bakery.

Smoke is seen coming from the structure.

Town of Batavia fire dispatched.

UPDATE 7:28 a.m.: A chief on scene reports the fire may have burned itself out. Responding units can come in non-emergency.

UPDATE 7:30 a.m.: It turns out to be a vehicle fire. The vehicle has been removed from the building. The structure is not involved.

UPDATE 7:37 a.m.: Fire is knocked down. Assignment being held to Engine 24.

UPDATE 8:14 a.m.: Town of Batavia back in service. Fire contained to vehicle. Smoke damage to the building.

Photos: GSO begins tune-up for Feb. 16 concert at St. James

By Howard B. Owens

Members of the Genesee Symphony Orchestra are busy getting their act together for the GSO's concert Feb. 16 at St. James Episcopal Church in Batavia.

Tonight, the orchestra rehearsed at the First Presbyterian Church in Batavia.

Raffaele Ponti is the conductor and music director for the show, which will feature soloists Holly Bewley, a soprano, and pianist Isabelle Aubin (who were not part of tonight's rehearsal).

The program includes works by Leonard Bernstein, Mozart, Annunzio Montovani, Leroy Anderson, Schubert and John Williams.

Tickets are available at geneseesymphony.com as well as GO ART!, Roxy's Music and the Batavia Senior Center and in Le Roy at the Bank of Castile.

Top photo: Lynn Eberhardt, of Scottsville, on bass.

A violin in the hands of Jill Babinski.

Dave Funston, of Batavia, on drums.

Conductor and music director Raffaele Ponti.

Dave Porter, trombone

Local business owner looking for the person who stole pallets from behind his store

By Howard B. Owens

The owner of Eastown Beverages, Paul Parise, is hoping readers of The Batavian can identify the owner of this truck.

According to Parise, somebody driving this truck stole pallets from outside his business at 563 E. Main St., Batavia. He also wonders whether the same person may have tried to break into his store two weeks ago.

Batavia PD has an open investigation on the case, according to Officer Jamie Givens, but no suspects.

Anybody who might have information useful to the investigation are asked to call Batavia PD at (585) 345-6350.

Forecast: 'Winter will be here to stay for quite some time'

By Howard B. Owens

Those of you who hate winter are really going to be unhappy over the next couple of weeks.

Forecasters foresee no real let up in the bitter cold and snow gripping the region.

There's a wind chill advisory in place now through 11 a.m. Wednesday with wind chill values as low as 20 degrees below zero.

Light snow continues to fall this evening.

There will be a slight, slight warming by the weekend, according to Buffalo forecasters, but another round of arctic chill will follow behind it and there's a chance for significant lake effect snow fall next week.

"Winter will be here to stay for quite some time," wrote a forecaster in his weather analysis today.

Photo: Looking east on Main Street about 4:30 p.m.

Photos: Opening of MLK Day hoops showcase at BHS

By Howard B. Owens

Hoops fans can get their fill at Batavia High School this afternoon and evening with both the boys and the girls varsity teams, as well as the JV teams, competing today.

Right now, the girls teams are playing Greece Odyssey and the boys teams play East Aurora at 5:45 p.m.

The unique double-header is billed as the Martin Luther King Jr. Basketball Showcase and it's a first-time event for BHS, but Athletic Director Mike Bromley said he hopes it will become an annual event.

Law and Order: Le Roy man accused of stealing co-pays at doctor's office

By Howard B. Owens

James Mitchell, 35, of Le Roy, is charged with petit larceny. Mitchell was arrested following a months-long investigation by the Livingston County Sheriff's Office into reports of stolen co-payments at a doctor's office where Mitchell worked in Avon. The investigation took time, according to LCSO, because of lengthy billing cycles and victims coming forward. Mitchell was allegedly stealing co-pays as patients checked out at their physician's office. The investigation was conducted by Deputy Dan Rittenhouse, Deputy Ross Gerace, Deputy Steph Schroeder and Deputy Mike Yencer.

Kelly M. Zwolinski, 34, of Broadway Road, Darien, is charged with criminal possession of stolen property, 4th, and resisting arrest. Zwolinski was identified as a suspect in possession of a stolen horse saddle that was taken from a farm in Niagara County and an arrest warrant was issued. When Deputy Kevin McCarthy and Investigator William Ferrando attempted to place Zwolinski under arrest, she allegedly resisted arrest.

Darlene Ann Kingdollar, 51, of South Pearl Street, Oakfield, is charged with petit larceny. Kingdollar is accused of entering the 7-Eleven store in Oakfield while intoxicated and after she was denied the purchase of alcohol, she allegedly left the store with a can of beer without paying for it.

Bruce J. Brade, 33, of Galloway Road, Batavia, is charged with stalking, 4th, and criminal contempt, 2nd. Brade allegedly violated an order of protection.

Mark J. Price, 37, Township Road, Ashland, Ohio, was arrested on a warrant for alleged failure to appear for an alleged traffic violation in Batavia City Court. Price was aprehended during a traffic stop in the Village of Attica. Price was issued an appearance ticket.

Jeffrey A. Pionessa, 32, of Glenwood Drive, Attica, is charged with DWI, driving with a BAC of .08 or greater and speeding in zone. Pionessa was stopped at 2:30 a.m. Sunday on Law Street, Batavia, by Officer Arick Perkins. Pionessa allegedly had a BAC of .11.

A 17-year-old resident of Trumbull Parkway, Batavia is charged with criminal mischief, 4th, and harassment, 2nd. The youth is accused of damaging the mobile phone charger of another person by throwing it against a wall and grabbing the arm of the alleged victim and pushing the person's face.

John K. Rolls, 34, of Mill Street, Batavia, is charged with two counts of forcible touching. Rolls is accused of forcibly touching a 17-year-old girl on Jan. 7. Rolls is incarcerated in the Genesee county Jail on an unrelated matter and was issued an appearance ticket.

Brad Strzelecki, 19, of Hunter Street, Bergen, is charged with unlawful possession of marijuana. Strzelecki was reported at a location on Bank Street at 10:01 a.m. Jan. 13 when he was allegedly found in possession of marijuana by Officer Eric Foels.

Rodeny Lowell McKenzie, 49, of Weaver Street, Buffalo, is charged with petit larceny. McKenzie was located by Transit Police in Buffalo during a check-the-welfare interview and identified as a warrant suspect for allegedly stealing items from Kmart on Dec. 12.

Bryant William Hardtner, 28, of State Street Road, Batavia, is charged with unauthorized use of a motor vehicle. Hardtner is accused of taking a vehicle Sunday without the owner's consent.

Kimberly Diane Ribbeck, 27, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, driving a vehicle with obstructed vision and no or inadequate plate light. Ribbeck was stopped at 2:33 a.m. Sunday on Route 77, Pembroke, by Deputy Joseph Corona.

Michael Gerald Pernicano, 21, of Lake Road, Holley, is charged with DWI, driving with a BAC of .08 or greater, failure to signal and no plate light. Pernicano was stopped at 2:29 a.m. Saturday on North Byron Road, Byron, by Deputy Joseph Corona.

Lena Marie Evans, 26, of Ross Street, Batavia, is charged with petit larceny, two counts of criminal possession of a controlled substance and possession of a hypodermic instrument. Evans was arrested for allegedly shoplifting at Kmart by Deputy Andrew Hale.

Carey Anthony Bedell III, 18, of Lehigh Avenue, Rochester, is charged with unlawful possession of marijuana. Bedell was arrested on Clinton Street Road, Byron, at 9:43 p.m. Friday.

Matthew R. Smith, 21, of Basom, is charged with forcible touching. Smith was arrested by State Police for an alleged incident reported at noon Thursday.

Mark A. Allison, 52, of Lockport, is charged with felony DWI and felony driving with a BAC of .08 or greater. Allison was arrested by State Police following the report at 9:29 p.m. Thursday of a two-car accident at 372 Bloomingdale Road, Basom. One person was injured. The driver of the other vehicle was Alexander Shirira, 56, of Buffalo. No other details released.

Local rugby club celebrates 40th anniversary

By Howard B. Owens

The Genesee Creamers Rugby Football Club celebrated its 40th anniversary over the weekend with a banquet attended by about 70 players and guests.

The club was founded in Batavia in 1970 and plays teams from all over WNY and Canada as well as the rest of the U.S.

Honored at the event were two 40-year members, Dominic Lovria, and ‘Tin Cup’ Teddy Anderson.

The dinner was attended by members of U.S. Rugby, including CEO Mark Griffin, who was the guest speaker.

Attendees also donated 40 jars of peanut butter and jelly to the Salvation Army.

Photo submitted by Mark Kielbasa.

Light snow expected through the afternoon

By Howard B. Owens

A winter weather advisory is in effect through 2 p.m. today with predictions of persistent light snow and temperatures dropping into the teens.

Snow accumulations could reach from 2 to 4 inches and low visibility while driving is possible in places.

The National Weather Service advises caution while traveling.

Minor injury accident reported on Route 77, just north of Indian Falls Road

By Howard B. Owens

A person is complaining of neck pain following an accident on Route 77 just north of Indian Falls Road.

One car is off the roadway.

Pembroke and Indian Falls responding along with Mercy EMS.

UPDATE 8:47 a.m.: The car sideswiped a tree. The only complain of pain stems from the seat belt brushing against the driver's neck, according to a chief on scene.

UPDATE 9:18 a.m.: Pembroke and Indian Falls back in service.

Citizens group formed to help fight crime in Batavia

By Howard B. Owens

A Batavia resident has set up a Facebook group and scheduled a meeting aimed at fighting crime in the city.

The Batavia Neighborhood Watch group already has 95 members.

It was set up by Michael Hough, who wrote in his first post:

There is no doubt that crime is on the rise in Batavia. This group is intended to bring the community together to deal with the issues, and to serve as a liaison between citizens and law enforcement officers.

He's calling for a meeting of concerned citizens 5 p.m., Jan. 25, at Tim Horton's.

Alleged bank robber doesn't get far after midmorning heist at Five Star Bank branch

By Howard B. Owens

Philip Burrs Gregory Beardsley

It seems like such a simple plan. Walk into a bank, hand the teller a note, and walk out with a bag full of money.

Of course, the bank is in the midst of a city on a Saturday morning when traffic has both eastbound and westbound lanes snarled with cars, SUVs and semi-trucks. Your getaway vehicle is an easily identifiable older model maroon Plymouth minivan with Florida plates. Your driver may be high. He may not even know about your plan. The only available route out of town is a snow-and-slush covered Route 98 that has an Attica police officer always positioned at one end of the highway and is frequently patrolled by troopers.

What could possibly go wrong?

Enough, apparently, that the would-be alleged bank robber was in custody mere minutes after the heist was reported and the man who allegedly drove the minivan is facing a DWAI charge.

Gregory Beardsley, 29, of 220 W. Main St., Batavia, is the robbery suspect. He charged with grand larceny, 2nd, and robbery, 3rd.

Beardsley allegedly left the bank with $3,000 in cash. All of the money was recovered.

No weapon was displayed during the robbery, nor was there a threat of a weapon.

Philip Burrs, 32, the alleged driver, was arrested by State Police and charged with driving while ability impaired by drugs or alcohol and unlawful possession of marijuana.

Whether Burrs is charged with any crimes related to the robbery hasn't been determined, Hill said. The investigation is continuing.

The robbery was reported to emergency dispatchers at 11:28 a.m.

Bank employees provided dispatchers with an exact description of the suspect's vehicle, including the license plate number.

"The tellers did a fantastic job at the bank getting all the information and getting it out to our dispatchers," Officer Eric Hill said.

A trooper spotted the car, which is not owned by either Breadsley nor Burrs, at 11:34 a.m. heading southbound on Route 98. 

A felony traffic stop was initiated by Trooper Micheal Hamilton with the assistance of an Attica police officer further south on Route 98 at the Mooch’s Auto Glass location.

The two suspects were taken into custody and placed in separate patrol vehicles.

While being questioned later, Burrs could be heard telling officers that he had no idea his passenger went into Five Star to rob it. He repeatedly said he knew nothing about the robbery.

Hill said Burrs has continued to maintain that he had no idea Beardsley planned a robbery and had no part in it.

Asked if this was a particularly brilliant robbery plan, Hill said he doesn't know what drove the suspect to try and steal money.

"I don't know," Hill said. "Desperation? You do some things you might not normally do, depending on the circumstances. I'm not exactly sure why he felt the need to rob the bank, but you know, obviously he's desperate for money for some reason. We're currently in the process of deposing him to find out what his side of the story is. I'm sure all of that will come out eventually."

CORRECTION: The article originally said Burrs was charged with DWI. He was charged with DWAI. 

Top Photo: Beardsley being transferred from one patrol vehicle to another at the traffic stop location on Route 98. Law enforcement officers are screening Beardsley from camera view.

The Five Star branch on West Main, Batavia, shortly after the robbery.

The scene of the stop on Route 98.

Sgt. John Szumigala and Officer Eric Hill with the suspected getaway minivan.

Deputy Brian Thompson and "Pharoah" sniff around the suspect vehicle.

Officer Eric Hill speaking with suspect Philip Burrs, who is out of the picture in the back of the State Police vehicle.

Protesters turn out on cold morning at State Police barracks to rally against Cuomo, SAFE Act

By Howard B. Owens

More than 100 gun rights advocates turned out this morning in 20-degree whether at the NYSP barracks on West Saile Drive to protest the SAFE Act.

As expected, Gov. Andrew Cuomo was the target of the protest signs and the speakers' rhetoric, but as it turned out, Cuomo gave the protesters a little extra ammunition when, during a radio interview yesterday, the first-term governor said, “If they are extreme conservatives, they have no place in the State of New York."

More than one speaker mentioned Cuomo's statement and suggested that perhaps it's Cuomo who should leave New York and is the one out of step with the majority of New Yorkers.

Assemblyman Steve Hawley also took Cuomo to task for his statement.

“The governor’s comments about my constituents are offensive and are a Freudian slip, which reveals what he truly thinks of Upstate New Yorkers. He has no right to come to Upstate New York and call himself governor when he has such obvious disdain for its people,” Hawley said. “The majority of Upstate New Yorkers are pro-Second Amendment and believe in traditional family values.

"If the governor does not think the good people of Upstate New York have a place in New York, he seems to be doing a good job of driving our families out of the state with his highest-in-the-nation taxes and infringements on our rights.”

Cuomo's apparent lack of fondness for the people of Upstate New York is yet another reason, Hawley said, for supporting his call for a voter referendum on dividing New York into two states.

For more on Cuomo's statement, see this Buffalo News article.

We had a request to purchase these photos, so, for anybody who would like to purchase prints, click here.

Bright future likely for Le Roy company that sells LED lights to cities and villages in New York

By Howard B. Owens
Kristin Gomborone, front, Gabrielle Keister and Scott Keister

A small Le Roy company has put itself on the cusp of the next big thing in municipal lighting -- LED.

This week, GotToGo Electric, a six-person company on East Main Road, landed a $77,860 contract with Mayville to sell the village 350 LED street lights.

Last year, GotToGo provided the village with LED street lights as part of a pilot project and then was the lowest bidder to provide enough lights to illuminate the entire village.

Traditionally, cities and villages provide night light with either high-pressure sodium lights or metal-halide lamps, giving main streets either an eerie orange glow or a cold blue hue.

Modern LED lights provide a white light, which has its own benefits, but the main reason municipal governments are taking a closer look at LED these days is the cost savings.

LED lights can cut electric consumption by up to 65 percent and are virtually maintenance free.

A street light with LED bulbs has a 10-year warranty, but should continuing working for 15 to 20 years.

Sodium and halide lights must be replaced much more frequently.

"LED is the new way to go," said company President Scott Keister. "LED is gaining traction very quickly. I think what we'll see in the next few years is the Department of Energy change its requirements for energy consumption, and traditional lighting (sodium and metal-halide) won't be able to meet those requirements."

GotToGo Electric is a manufacturer rep for two of the companies in the U.S. that make municipal lighting and fixtures.

Established in 1990 as a company selling products for electric companies, it was forced less than a decade later to pivot into a firm that represents the manufacturers of products for municipal utilities after the electric companies in the Northeast merged.

It was an easy transition, said CEO Kristin Gomborone, because GotToGo had already established the relationships with the cities and villages in New York.

"Along with the relationships, we've been working with municipalities for about 24 years now, so we've built a rapport," Gomborone said.

The company is owned by Gomborone and her sister, Gabrielle Keister, who is VP of Finance, and GotToGo is a certified New York woman-owned business.

Both women were born and raised in Le Roy. Keister is from Alexander and attended Notre Dame High School.

Besides selling LED lights, GotToGo handles just about everything a municipality might need to provide utility service, from gas and electric meters, to cable and transformers for electricity and, of course, lighting.

Primarily, the company bids on behalf of the 25 manufacturers they represent for the sale and installation of utility products. But the company is also positioned to ensure ongoing maintenance needs, if any, are met.

Keister explained that manufacturers use product reps such as GotToGo because it's less expensive than maintaining a full-time staff in a territory.

GotToGo got into LED lighting as the demand began to grow.

Ten years ago, LED systems were expensive, provided a bluish light that consumers rejected (think of those district blue headlights that were common for awhile on some new model cars) and didn't provide as much illumination as traditional lighting.

Now the cost has come down, the light temperature has shifted to a neutral white (or a moonlight white) and systems can put out as much, if not more, light than sodium or metal-halide.

GotToGo's clients for LED lights include the City of Buffalo, Westfield, Jamestown, Springville and the company's first LED client, Auburn, which installed 450 new street lights.

And not just municipalities are in the market now for LED lights. Universities and colleges, malls, car dealers -- any place with the need to illuminate a large area -- is a potential customer for GotToGo's products.

"It's probably the most exciting thing we're doing now," Keister said. "It's up and coming. Like I said, it's been around 10 years, but it's really just starting to take a grasp."

The main thing holding back wider adoption of LED systems, Keister said, is the inability of Albany and the electric companies to come up with a plan on how the electric companies will serve municipalities.

There are about 42 cities and villages in New York, such as Mayville, that provide their own municipal electric service, so there aren't hoops to jump through to make the switch to LED.

But in all the others municipalities, the local governments contract with a big electric company to provide the lights, the electricity and the maintenance.

It's kind of a lease agreement paid for through a tariff.

"To charge people the current tariff rates for a fixture that is much more efficient and basically eliminates maintenance is not fair to the consumer," Keister said.

So, as the market changes -- new regulations requiring less energy consumption from street lights, and a new tariff scheme out of Albany -- GotToGo Electric, with its experience and connections, should be well positioned as the go-to company in WNY for municipal street lighting.

Click here for a story from an online news site in Chautauqua County about the Mayville purchase and to see a picture that shows the color temperature difference between LED and sodium lights.

Caledonia resident accused of several thefts from vehicles in Oakfield over the past year

By Howard B. Owens
Dalton Long

Investigators believe they have found the man responsible a series of thefts from vehicles in the Village of Oakfield over the past 12 months with the arrest of Dalton A. Long, 18, from Caledonia.

Long was allegedly found in possession of numerous items reported stolen to the Genesee County Sheriff's Office.

The items recovered date back to the first reported theft in the series in January 2013.

Long is charged with grand larceny, 4th, criminal possession of stolen property, 4th, one count of identity theft, 2nd, one count of petit larceny and six counts of criminal possession of stolen property.

Following arraignment in Oakfield Town Court, Long was jailed on $15,000 bail.

The investigation was conducted by Deputy Brian Thompson with assistance from Deputy Bradley Mazure and Youth Officer Timothy Wescott.

The investigation is continuing  and additional charges are pending.

Collins named to house subcommittee on space

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) has been named to the House Subcommittee on Space, his sixth subcommittee assignment.

“It’s an honor to join the Subcommittee on Space and I am grateful for the opportunity to work to develop policies that advance our nation’s space program,” Congressman Collins said. “Western New York is home to a growing number of companies that support our space program, and I look forward to using this assignment to champion that sector."

Under the House Committee on Science, Space, and Technology, the Subcommittee on Space has legislative jurisdiction, general oversight and investigative authority on all matters relating to astronautical and aeronautical research and development.

Congressman Collins is currently a member of the House Agriculture and Small Business committees and serves as Chairman of the Small Business Subcommittee on Health and Technology.

In addition, under the House Committee on Agriculture Congressman, Collins serves on the Subcommittee on General Farm Commodities and Risk Management and the Subcommittee on Horticulture, Research, Biotechnology, and Foreign Agriculture; under the House Committee on Small Business, the Subcommittee on Investigations, Oversight and Regulations; and under the House Committee on Science, Space and Technology, the Subcommittee on Research and Technology.

Hawley promoted to assistant minority leader in the Assembly

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) announced today that he has been promoted from Minority Whip to Assistant Minority Leader of the Assembly Minority Conference. In his new role, Hawley will help create conference policy initiatives, urge his fellow legislators to support pro-job creation proposals and better advocate for his constituents' concerns.

“I am humbled to be picked for this important role in the Minority Conference. I plan to use this new position to give voice to my constituents and promote policies that create jobs, lower the tax burden on Western New York families and protect our country’s veterans,”  Hawley said. “I thank Assembly Minority Leader Brian Kolb and my colleagues for trusting me with this task. With their support and the support of my constituents, I look forward to serving in this role.”

Kolb said “I am pleased to announce the promotion of Assemblyman Steve Hawley from Minority Whip to Assistant Minority Leader. Assemblyman Hawley has been a staunch supporter of small businesses and farmers, and he understands the importance of creating jobs and improving the economy.

"He has served in our armed forces, is a successful businessman, been active in his community and has consistently been a strong voice for his constituents. Assemblyman Hawley will undoubtedly use his unique background, skill set and strong work ethic in his new position to help effect meaningful change in New York. I look forward to working with him to improve the lives of all New Yorkers.”

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