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Pavilion

Law and Order: Woman charged with DWAI after being found allegedly sleeping in car

By Howard B. Owens

Brianna Rae Burlingame, 20, of Palmer Road, Churchville, is charged with driving under the influence of drugs, criminal possession of a controlled substance and unlawful possession of marijuana. Burlingame was arrested after deputies Chad Minuto and Jason Saile responded to the parking lot of Petco at 2:14 p.m., Saturday for the report of a woman asleep behind the wheel of her vehicle while it was running. Burlingame was issued an appearance ticket.

Sean Allen Kota, 18, of Byron-Holley Road, Byron, is charged with DWI, driving with a BAC of .08 or greater and driver view obstructed. Kota's vehicle was stopped following complaints of the occupants throwing beer bottles out of the window of the car. His vehicle was stopped at 2:47 p.m., Thursday, on Oatka Trail in Le Roy by Deputy Matthew Butler.

Joshua Webster, 25, of York Road, Pavilion, is charged with grand larceny, 4th, and criminal possession of stolen property. Webster is accused of stealing a purse and credit cards from a location on Commerce Drive, Batavia, and of possessing stolen property from another incident at the time of his arrest on an unrelated incident. (Previously)

Gregory J. Battaglia, 30, of Pavilion Center Road, Pavilion, is charged with petit larceny. Battaglia is accused of stealing gasoline from a station in Le Roy.

A 17-year-old resident of Bacon Street, Le Roy, is charged with endangering the welfare of a child. The youth is accused of failing to provide appropriate supervision to a child left in his care.

Law and Order: Woman accused of stealing credit card, phone from her mother

By Howard B. Owens

Samantha M. Williams, 31, of Warsaw Road, Le Roy, is charged with robbery, 3rd, grand larceny, 4th, criminal mischief, 4th, and petit larceny. Williams is accused of getting into an argument with her mother at about 9 a.m., Tuesday, while in a vehicle on Seven Springs Road. Williams allegedly took her mother's credit card. When her mother attempted to call 9-1-1, Williams allegedly took the phone and got out of the vehicle. Williams was located outside a business on East Main Street Road a short time later.

Raymond James Radley, 46, of Cook Road, Pavilion, is charged with forcible touching. Radley is accused of forcibly touching the intimate parts of a woman during an argument.

Warrant issued for alleged Pavilion bank robber

By Howard B. Owens

Accused bank robber Jonathan A. Mills has officially been named a suspect in the April 6 Pavilion Five Star Bank robbery.

The Genesee County Sheriff's Office requested and has been granted an arrest warrant by Town of Pavilion Justice Philip Werner for Mills, who is currently being held in the Columbia County Jail in Hudson.

Mills, with a listed address of 115 Maryland Ave., Rochester, is a possible suspect, along with possible accomplices, in other bank robberies around the state.

The Genesee County warrant accuses Mills of robbery, 3rd, a Class D felony, and grand larceny, 4th.

Authorities believe Mills is the man who stepped into the Pavilion bank about 3:30 p.m., April 6, and presented the teller a note, claiming he had a gun, and demanding money.

Investigators have not said how much money the robber received from the teller.

The suspect then ran from the bank and jumped into a car, according to witnesses, driven by another African-American male.

The second suspect has not been identified.

The operation matches a robbery in Greene County on Monday, which eventually led to the arrest of Mills.

Rochester man accused of bank robbery in Greene County may be tied to Pavilion job

By Howard B. Owens

A Rochester man arrested in Greene County and accused of robbing a bank in Greenport may be linked to a bank robbery in Pavilion on Friday.

Deputy Chief Jerome Brewster said Sheriff's Office investigators are looking closely at Jonathan Mills, 24, of 115 Maryland St., Rochester, who has been charged in Greene County with robbery, 3rd, and grand larceny, 3rd, both Class D felonies.

"We believe this is the guy who robbed the Pavilion bank," Brewster said.

Investigators have some fingerprints they would like to match with prints taken by the Greene County Sheriff's Office. If there's a match, Brewster said the evidence will be presented to the District Attorney by Friday for possible arrest or indictment.

The suspect's appearance, M.O. and other physical evidence seem to match, Brewster said.

According to Brewster, Mills may have been involved with as many as four other people in a series of bank robberies around the state.

According to the Daily Mail in Greene County, Mills allegedly presented a bank teller with a note around 4 p.m. Monday. It read “I have a gun, give me all the money, no dye packs and you won’t get hurt.”

Patrols searched and canvassed the immediate area. Sheriff’s investigators conducted witness interviews while evidence technicians processed the crime scene.

“The investigators did a great job,” Capt. David Barlett of the Columbia County Sheriff’s Office said. “It was some good, old-fashioned police work.”

Structure fire on Ellicott Street Road, Pavilion

By Billie Owens

Heavy black smoke is spewing from a vacant structure at 6553 Ellicott St. Road in Pavilion. They are not sure whether it's coming from the first or second story. Pavilion Fire Department is responding and so is Le Roy's.

UPDATE 12:34 p.m.: A responder on scene reports this is a "controlled burn" -- a rubbish fire, which includes tires, and it's behind the house. The second-alarm responders are told to stand by in quarters-- they include Alexander, Bethany, Stafford and the City of Batavia's Fast Team.

UPDATE 12:37 p.m.: They anticipate being able to "knock this out quickly."

UPDATE 12:43 p.m.: Bethany's tanker is en route, non-emergency mode. Stafford is cancelled. (We presume the city and Alexander are also standing down.) They are going to shut the road to traffic.

UPDATE 12:45 p.m.: "We've got it pretty well knocked down for the most part."

UPDATE 12:54 p.m.: The fire is out.

UPDATE 12:57 p.m.: Le Roy is returning to service.

UPDATE 1:12 p.m.: The road is reopened.

UPDATE 1:16 p.m.: Bethany and Pavilion are back in service. A representative of the Department of Environmental Conservation responded to the scene to investigate and is now leaving.

Pavilion bank robbery suspect may have been involved in Rochester and Geneva heists

By Howard B. Owens

Investigators believe they have identified a possible suspect in Friday's robbery of a Five Star Bank in Pavilion, according to Deputy Chief Jerome Brewster.

"We remain very optimistic that we'll be able to solve this," Brewster said.

According to Brewster, there are some "common denominators" with prior bank robbers in Rochester and Geneva, and the Sheriff's Office has been working with those agencies to piece together evidence.

There may be DNA evidence and fingerprints to link the crimes with a suspect, Brewster said, but investigators are waiting on lab results.

As for the quality of the surveillance pictures released to the media, Brewster said the actual video from the bank is excellent quality. The problem with the still pictures released has to do with conversion of digital video to digital images.

Brewster said investigators have equipment to improve image quality and that Genesee Community College has state-of-the-art equipment if needed. But in this case "it isn't needed," Brewster said, because investigators already believe there is an identifiable suspect.

If there wasn't a good chance at solving the case, Brewster said, he might consider releasing the video or obtaining better quality still pictures from the video.

Motorcycle accident with a man down reported on South Street Road

By Howard B. Owens

A motorcycle accident with injuries is reported in the area of 10038 South St. Road, Pavilion, between Black Street Road and Route 20.

The rider is reportedly down on the road. A caller reports he is breathing and trying to move, but she told him to stay down.

Pavilion Fire Department and Mercy EMS responding.

UPDATE 5:18 p.m.: A deputy on scene requests Pavilion fire police to an area south of the accident to slow down traffic. He said, "we're on the reverse side of a hill."

UPDATE 5:20 p.m.: Mercy Flight on ground standby.

UPDATE 5:23 p.m.: Mercy Flight to the scene. Traffic being stopped on South Street Road from the north.

UPDATE: 5:31 p.m.: Mercy Flight 5 in route. Five minute ETA.

UPDATE: 5:36 p.m.: Mercy Flight on the ground.

Garage fire reported in Pavilion

By Howard B. Owens

A confirmed garage fire is reported at 7658 Telephone Road (Route 20) in Pavilion.

Pavilion Fire along with Le Roy Fire responding. Stafford is on standby.

UPDATE 2:11 p.m.: Chief on scene reports garbage fire next to the garage, but not into the garage yet.

UPDATE 2:14 p.m.: Responding departments include (but not limited to): Perry, York, Wyoming, Alexander and Bethany.  Also Engine 12 of City Fire is responding to something, possibly this, which would constitute the Fast Team, with Fourth Platoon requested to fill in at City Station.

UPDATE 2:20 p.m.: The fire has been knocked down.

UPDATE 2:40 p.m.: Engine 12 back in the city. Le Roy, along with several other responding companies, back in service.

UPDATE 2:58 p.m.: Pavilion back in service.


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Pavilion bank robbery suspects still at large

By Howard B. Owens

Authorities are still trying to locate two black males involved in a robbery of the Five Star Bank branch in Pavilion this afternoon.

According to Deputy Chief Jerome Brewster, a black male wearing wearing a blue and white striped shirt, jeans, a red ball cap and sunglasses entered the bank and 3:25 p.m. and presented a note demanding cash.

The robber fled with an unknown amount of money and jumped into a silver or grey pickup truck driven by another black male.

Around the same time as the bank robbery, a stolen vehicle was located on Crossman Road, off of Starr Road, in Pavilion. The motor was still running on the green Dodge Intrepid.

The car was stolen earlier from the park-and-ride lot off the I-490 in Le Roy.

It's unknown at this time if the stolen car is related to the bank robbery.

A couple of witnesses spotted the suspects fleeing and investigators are sorting through witness statements.

Officials say a photo of the bank robbery suspect will be released at some point this evening.

In October 2009, the same branch was robbed by a white male wearing a distinctive jacket. Nick A. Hawkins, 28, of 24 W. Main St., Le Roy, eventually admitted the robbery.

Law enforcement units from Genesee, Wyoming and Livingston counties and the State Police responded to today's robbery.

(Initial post)

 

Bank robbed in Pavilion

By Billie Owens

A robbery just occurred at the Five Star Bank on Cato Street in Pavilion. The suspect is described as a black male, 5'6" tall, slim build, wearing a blue and white striped shirt, jeans, a red ball cap and sunglasses. He told the teller he had a gun, but one was not shown. He fled the bank on foot and his direction of travel is unknown. Several law enforcement units are on their way to the scene.

UPDATE 3:43 p.m.: They are going to set up a perimeter to scour for the suspect. Patrols on the interstate highways are alerted as well as those traveling other routes, so are Wyoming and Livingston counties.

UPDATE 3:47 p.m.: They are going to ask Livingston County to send in its canine unit and are also checking the availability of the one in Genesee County. Officers are now interviewing neighbors to determine whether the suspect got into a vehicle and, if so, to provide a description of it.

UPDATE 3:50 p.m.: The canine unit from Livingston County is en route. A neighbor told officers that she saw the suspect get into a vehicle parked at the adjacent St. Mary's Church and there was another black male driving the car. The car's wheels squeeled out of the parking lot and the witness "was so shocked she doesn't remember anything (else)." They are going to check all the streets in the vicinity of the church and along Route 63. A pizzeria in the area had a security camera on and they are going to check it.

UPDATE 3:56 p.m.: "It appears they took off in the car pretty quickly." The suspects are estimated to be in their mid- to late 20s. The canine unit from Genesee County is not available.

UPDATE 3:59 p.m.: The camera by a nearby ATM machine is being screened to glean possible information.

UPDATE 4:04 p.m.: After speaking with a woman in the area, they are looking for a full-sized, silver-colored pickup truck with a regular cab. The witness saw it shortly before she was telephoned about the robbery and it was parked by the basketball courts by St. Mary's.

UPDATE 4:31 p.m.: Wyoming County authorities are reporting that they found a green car roadside (didn't catch which road) and the engine is still running, but no one is around it. They are checking the plates. It is unknown if this is related to the robbery or just an odd circumstance.

UPDATE 4:35 p.m.: They are saying the abandoned vehicle found with its motor running is a green pickup truck car. It's in the vicinity of Crossman and Starr roads, "by a trestle" in Wyoming County. 

UPDATE 4:38 p.m.: The license plates come back to a Le Roy resident, born in 1934, and there's no (telephone) answer at the owner's residence. Again, this may be completely unrelated to the robbery.

UPDATE 4:53 p.m.: Now they are checking on another matter, saying it's unknown whether related to the robbery. A person is going door to door in the area of 10982 S. Lake Road (Route 19) in Pavilion asking for gasoline. The caller could not provide a description of the person because of poor vision.

Head-on collision reported on Telephone Road, Pavilion

By Howard B. Owens

A head-on collision has been reported in the area of 6928 Telephone Road, Pavilion.

There is one person reporting arm pain and possible entrapment.

Pavilion Fire Department and Mercy EMS responding.

A first responder reports one minor injury.

UPDATE 4:59 p.m.: Pavilion assignment back in service.


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Car on its side, possible injury on Old State Road, Pavilion

By Howard B. Owens

A car is reportedly on its side in a ditch on Old State Road between Perry and Silver Lake roads, Pavilion, with one person reportedly laying in the ditch.

Pavilion Fire Department and Mercy EMS responding.

Dispatchers checking on the availability of Mercy Flight.

UPDATE 10:02 p.m.: Mercy Flight on in-air standby. Old State Road is being closed to thru traffic.

UPDATE 10:03 p.m.: Looks like only one victim.

UPDATE 10:07 p.m.: Car still running, caution on approach urged. The vehicle may have been pulling a trailer. Patient is about 50 feet from the vehicle. Mercy Flight will not be required.

UPDATE 11:35 p.m.: Female patient was transported to Strong Memorial Hospital. Pavilion fire is clearing the scene.

Pavilion woman will take part in Rock 'n' Roll Marathon in San Diego to benefit blood cancer patient

By Billie Owens

Press release:

Nikki Calhoun, a resident of Pavilion, announced today that she will be participating in the Rock ‘n’ Roll Marathon in San Diego, Calif., on June 3rd in honor of a local blood cancer patient named Mary Beth Pelkey.

Calhoun has been approached by the Leukemia & Lymphoma Society of Western & Central New York Chapter to join their Team in Training, which the society sponsors.

Team in Training (TNT), the Leukemia & Lymphoma Society’s  (LLS) leading endurance sports charity training program, has reached  a remarkable milestone of raising more than $1 billion to support blood cancer research and patient services.

Since its inception in 1988, when a team of 38 runners trained together for a New York City Marathon and raised $320,000, TNT has prepared more than 440,000 people -- approximately 40,000 participants annually -- to achieve their dream of completing a marathon, half-marathon, triathlon, century bike ride or hike adventure.

The enormous success of this program has helped make possible advances in blood cancer therapies and treatments that have prolonged and enhanced the lives of hundreds of thousands of patients.

This year’s honored patient, Mary Beth Pelkey, is a mother of four who has been diagnosed with Non-Hodgkin’s Lymphoma.

“Fifteen years ago, I was diagnosed with Non-Hodgkin’s," Calhoun said. "I know what a struggle it is. I know how she feels. Whenever I feel too tired to get up and train or feel like I will never reach my fundraising goal, I remember what Mary Beth is dealing with. … It gives me motivation."

Nancy Hails, executive director of the local Leukemia & Lymphoma Society chapter, said “The Team in Training program is expected to raise approximately $500,000 this year in the Western and Central New York area to support blood cancer research and patient aid and services.”

Fundraising is a big part of the Team in Training program. When the fundraising goal is met, participants arrange to travel to their marathon site with arrangements made by the LLS. Calhoun explains that she has a goal of $3,000 to meet.

Persons interested in assisting Calhoun in reaching her goal in honor of Mary Beth Pelkey, may send a check or money order made payable to: “Leukemia & Lymphoma Society” and mail to P.O. Box 12, Pavilion, NY 14525.

You can also donate online at TeamInTraining.org. (Select Donate and search participant).

The mission of The Leukemia & Lymphoma Society is to cure leukemia, lymphoma, Hodgkin’s disease, and myeloma and improve the quality of life patients and their families.

If you would like to learn more about the Team In Training program, contact us at (716) 834-2578 or toll free at 1-800-784-2368. Or check out their website at www.lls.org.

Law and Order: Pembroke couple accused of growing marijuana in 2010

By Howard B. Owens

Edwin L. Stancliff, 32, of Alleghany Road, Pembroke, and Adrienne F. Yocina, 31, of Alleghany Road, Pembroke, are charged with unlawful growing of cannabis and criminal possession of marijuana, 5th. Both charges are misdemeanors. Stancliff and Yocina were allegedly found growing cannabis on their property and possessing marijuana in excess of 25 grams during an investigation of an incident at 8:20 p.m., Aug. 13, 2010.

Tammy Marie Chojnacki, 40, of Pike Road, Batavia, is charged with felony DWI and felony driving with a BAC of .08 or greater. Chojnacki was arrested by Deputy Matt Fleming at her residence following an investigation at 9:24 p.m., Saturday, into a reported domestic incident in her car.

Jesse Stephen Stocking, 24, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater and speeding. Stocking was stopped on Route 33 in Pembroke at 4:46 p.m., Saturday, by Deputy Matt Fleming.

Robert Jeffery Curry, 22, of Dillon Road, Pavilion, is charged with unlawful dealing with a child. Following a complaint to the Tip Line at 1:02 a.m., Saturday, Curry was arrested for allegedly hosting an underage drinking party at his residence.

Christopher Willard Logsdon, 24, of Big Tree Road, Pavilion, is charged with unlawful dealing with a child. Following a complaint to the Tip Line at 12:23 a.m., Saturday, Curry was arrested for allegedly hosting an underage drinking party at his residence.

Cody Allen Eaton, 22, of Main Street, Attica, is charged with DWI, driving with a BAC of .18 or greater and speeding. Eaton was stopped at 1:54 a.m., Saturday, on Pearl Street Road, Batavia, by Deputy Howard Carlson.

John Charles McGrath, 43, of South Main Street, Batavia, is charged with criminal mischief, 4th, resisting arrest and harassment, 2nd.

Lori Ann Brightenfield, 52, of Main Road, Stafford, is charged with aggravated harassment, 2nd. Brightenfield is accused of using a telephone for no legitimate purpose to contact another person she was allegedly told previously not to contact.

Joseph Carl Jeffords, 21, of Swan Street, Batavia, is charged with criminal mischief. Jeffords is accused of driving across the lawn at College Village and while driving across the lawn, intentionally speeding up, leaving ruts. The alleged incident was caught on tape.

Wilson Figueroa, 28, of Conkey Avenue, Rochester, is charged with criminal contempt, 2nd. Figueroa's car was stopped for alleged traffic violations on Route 33, Stafford, and was found to allegedly have as a passenger protected by an active stay away order.

Stephen D. Reamer, 53, of 76 Gilbert St., Le Roy, is charged with felony aggravated DWI. Reamer was stopped Friday morning in Le Roy by Le Roy Police.

Law and Order: ATV riders accused of trespass

By Howard B. Owens

Joseph A. Monkelbaan, 40, of Tesnow Road, Akron, and David J. Albright, 51, of Meadville Road, Basom, are charged with trespass. Monkelbaan and Albright are accused of trespassing on property on Wright Road, Alabama, while riding ATVs.

Gregory Angel DeJesus, 21, of Perry Road, Pavilion, is charged with disorderly conduct. DeJesus was arrested following an argument with a family member at 12:25 a.m., Wednesday, and jailed on $250 bail.

Mickey Harlen DeJesus, 23, of Perry Road, Pavilion, is charged with disorderly conduct. DeJesus was arrested following an argument with a family member at 12:50 a.m., Wednesday, and jailed on $250 bail.

Darik R. M. Orbaker, 19, of 12 Elm St., Batavia, is charged with criminal contempt, 1st. Orbaker was allegedly observed with a person protected by a "stay away" order.

Law and Order: Pavilion resident charged with DWI following rollover accident in Perry

By Howard B. Owens

Mason Dumbleton, 20, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater, unsafe speed, unsafe lane change and unlawful possession of marijuana. Dumbleton was reportedly involved in a motor-vehicle accident on Route 20A in the Town of Perry at 10:30 p.m., Saturday. Dumbleton's vehicle reportedly left the south side of the road, struck a driveway culvert and a utility pole causing it to go airborne. The car landed on its roof. Dumbleton reportedly suffered minor injuries and was treated at the scene.

Daniel Norman Brown, 39, of Lake Street, Le Roy, is charged with criminal contempt, 2nd. Brown is accused of placing a phone call to a person he is barred from contacting. Brown was also arrested the day before, on Sunday, and charged with harassment, 2nd. Brown was accused of grabbing a woman and pushing her down.

Enoch Ronald Cole, 61, of Lake Street Road, Le Roy, is charged with harassment, 2nd. Cole allegedly punched another person in the back.

Kevin James Hodge, 28, of Valley View Drive, Batavia, is charged with petit larceny. Hodge is accused of stealing $66.21 in merchandise from Kmart.

Kathryn Ann Tordy, 45, of Sheriden Drive, Williamsville, is charged with DWI, driving with a BAC of .08 or greater, improper left turn and failure to keep right. Tordy was stopped at 12:34 a.m. Saturday on Remsen Road, Pembroke, by Deputy Kevin McCarthy.

Daniel Jay Balduf, 20, of Angling Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater and insufficient tail lamps. Balduf was stopped at 3:35 a.m. Saturday on Angling Road by Deputy Kevin McCarthy.

Danielle Marie Stevens, 35, of Ford Road, Elba, is charged with criminal trespass, 2nd. Stevens allegedly entered and remained unlawfully in a hotel room.

Jill Ann Fulater, 59, of Shepard Road, Batavia, is charged with DWI, driving left of pavement markings and improper right turn. Fulater as stopped by Deputy Kevin McCarthy at 4:20 a.m. Sunday on Route 63, Batavia, following a complaint of an erratic driver.

Timothy Ryan McJury, 24, of Madison Street, Batavia, was arrested on a bench warrant for petit larceny. McJury was arraigned in Town of Batavia Court. McJury was arrested on a city court warrant for parking violations. McJury was jailed on $1,000 bail.

A 17-year-old resident of Warboys Road, Byron, is charged with unlawful possession of marijuana, speeding (75 mph in a 55 mph zone) and driving on a junior license (state Class DJ) after 9 p.m. and driving on a DJ license with two or more passengers under age 21. The youth was stopped at 1:13 a.m. Sunday on Buffalo Road, Bergen, by Deputy Timothy Weis.

Three local student named to Deans' List at Buffalo State College

By Billie Owens

The following students were named to the School of Natural and Social Sciences Fall 2011 Deans' List at Buffalo State College.

  • Ashley Kingsley, of Pavilion. Kingsley is the daughter of Karen and Larry Kingsley, and a graduate of Pavilion Central School.

 

  • Joe Miano, of Pembroke. Miano is the son of Joe and Joanne Miano, and a graduate of Pembroke High School.

 

  • Elizabeth Miller, of East Bethany. Miller is the daughter of Louis and Mary Miller, and a graduate of Pavilion Central School.

To qualify, students must earn a grade-point average of 3.5 or higher and complete a minimum of 12 credit hours.

Founded in 1871, Buffalo State is the largest comprehensive college in the SUNY system. Buffalo State offers more than 165 undergraduate and 62 graduate programs in the arts, sciences, professions, and education. Each year nearly 12,000 students choose Buffalo State for its superb academic programs, applied learning opportunities, affordable tuition, and metropolitan location.

More Greek yogurt production in New York won't necessarily help small dairy farmers

By Howard B. Owens

Even two new Greek yogurt plants in Batavia won't be of much help to small dairy farmers, which are finding it harder to survive in a globalized market and stringent regulatory environment.

Dale Stein, who operates a large dairy farm in Le Roy, said his heart is with the small dairy farmer, but knows they need to make some tough choices to stay in business.

"I have great sympathy for the small dairy farmer," Stein said. "We were a small dairy farm once. My brothers and I did the milking while my father worked in the fields. He went 20 years without a day of vacation."

The Batavian spoke with Stein Thursday and asked him about a New York Times story that said small dairy farms throughout the state are struggling.

How could Robert and Fred — who produce so much more milk than their dad — end up making less money? There are a number of reasons, some obvious, others less so. Milk went from a local industry to a national one, and then it became international. The technological advances that made the Fulpers more productive also helped every other dairy farm, too, which led to ever more intense competition. But perhaps most of all, in the last decade, dairy products and cow feed became globally traded commodities. Consequently, modern farmers have effectively been forced to become fast-paced financial derivatives traders.

In other words, if a dairy farmer doesn't hedge -- buying options to bet against an increase in prices -- they can't make money. (In hedging, if prices increase, the farmer profits; if prices decline, the farmer offsets losses on product with gains on the options.)

Stein said his farm is big enough to manage the fluctuations in commodity prices, but small farmers simply can't do it.

"Margins are tiny and getting smaller each year," Stein said. "The only way to survive is to sell more product, and if the size of your herd is limited, the less you have to sell."

EPA regulations define a small dairy as 199 head of cattle or less. If a farmer wants to milk a 200th cow, the amount of equipment, technology and infrastructure required to comply with government regulations would cost at least $250,000, Stein said.

Few small farmers want to take that chance.

Especially in today's labor market with fewer qualified migrant workers available.

"It's very difficult for them to compete for labor and for land," Stein said. "We started small. My dad started with two cows. We've slowly grown our business so we can employ more people and give everybody a middle-class wage. It's not that we wanted to be big, but we had to grow to survive."

John Gould, owner of Har Go farms in Pavilion, decided to go a different direction in his effort to keep a farm going that his father bought in 1956.

It's a decision many small farmers have made to survive, according to the Times article.

As tough as it might be to grow from a small dairy farm to a large dairy farm, Gould made the equally daunting decision to switch his farm to certified organic.

Making the switch, which he began in 2005, took three years. It involved building fences (because cows would graze rather than be confined to feed lots), put in water lines and pave drive ways. It takes time for the herd to adjust to a different diet -- corn and soy raised without pesticides or herbicides -- so milk production can drop to nothing for a time. Fields that once relied on chemicals to be productive must be slowly turned back into fields that are mechanically tilled for weeds and can tolerate a few bugs.

"You've got to think those things through and plan how you're going to handle all of that," Gould said.

But Gould said he got what he wanted out of the switch to organic: A profitable and viable small dairy farm.

"It seems to have been a good decision for us," Gould said. "It's certainly a different lifestyle from the type of farming we had been accustomed to, but we continue to make very high quality milk, which is very important to us and important to our customers."

Gould is philosophical about the choice for small dairy farmers -- spend the money to comply with environmental regulations or take a loss for three years and switch to organic.

"Nothing in this business is simple or automatic," Gould said. "That's the life we chose. If we're going to be in the business, we have to make those kinds of decisions."

Small dairy farms that decide to grow would indeed help New York meet the anticipated demand for milk created by two new Greek yogurt plants in Batavia. But Stein said obstacles to growth for small dairy farmers will hold back the industry.

Even now, before Alpina and Pepsi open their plants, the local supply of milk is limited.

"Chobani (operating a Greek yogurt plant near Albany) already uses so much milk that we don't have any extra milk now in our market," Stein said.

It would help the New York dairy industry tremendously, Stein said, if it were easier for the small dairy farms to grow and help meet increased demand.

"We all want to protect the environment, but current environmental regulations are stopping growth of the dairy industry in New York," Stein said. "Pepsi's milk may well have to come out of Michigan because they have enough milk and we don't, which is a shame, because we could use the jobs."

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