Valenti's Goes to Court

If you’re wondering why we’re still following the Valenti’s saga (begun here, with an innocuous takedown of a Janice Okun “review”, updated here, here, herehere, here, and here), it’s because the commentariat has weighed in well over 2,500 times. It’s generally the same 10 – 15 commenters adding details, accusations, and trading barbs, but I’ve received lots of positive feedback from people who remain riveted by how a mediocre red sauce joint could generate so much interest and hatred.

Terry Valenti and Lori Brocuglio took possession of the restaurant property in late September pursuant to a lease that commenced on October 1st. Their landlord, Frank Budwey, agreed to give them two free months’ rent, and also to pay deposits to National Fuel and National Grid to enable Valenti’s to turn those utilities on – they didn’t have the capital to do it.

The restaurant, however, wasn’t in Terry Valenti’s name. Instead, the property was co-owned by Brocuglio and an acquaintance of theirs named Melissa Janiszewski, who has since become estranged from them. There have been allegations made that Janiszewski’s credit and identity were deceitfully misappropriated. In North Tonawanda City Court yesterday, Ms. Janiszewski sat with Mr. Budwey.

Terry Valenti sat in the front row, with three people who were set to testify on the restaurant’s behalf. He was wearing a black button-down shirt, his head was uncovered, and he had shaven off his facial hair, leaving him almost unrecognizable. Ms. Brocuglio arrived soon thereafter, wearing a black specked suit and a red suede fringe jacket. When she sat down, she briefly spoke with their attorney, Mark Carney, and held up some sort of CD-ROM to one of their supporters and seemed proud of it for some reason.

Frank Budwey approached Carney and asked him if he had been paid. Carney replied that it was, “none of [his] business”, and Mr. Budwey retorted that he didn’t want Mr. Carney to waste his time. Under normal circumstances, a lawyer is not permitted to talk with a party opponent in any way, and had I been in Mr. Carney’s shoes I would have simply replied that I was not permitted to speak with Mr. Budwey, remained silent, or advised Budwey’s counsel of the approach.

Judge William Lewis presided over the rather informal eviction trial. Budwey’s attorney, James Rizzo, elicited testimony from Mr. Budwey about the non-payment of rent, now alleged to be $5,200. At one time, Brocuglio wrote Budwey a bad check for $3,000, a crime that is being contemporaneously prosecuted in North Tonawanda Court, and paid Budwey what he says was $500 cash in early January. However, the receipt for that cash shows $1,500 was received – Budwey claims that Brocuglio added the “1”. Judge for yourself:

$500 or $1,500?

Budwey testified that Valenti’s paid utilities for October and November, but not since. He testified that they have never been current on owed rent. On January 13th, Budwey terminated the lease by serving a 3-day notice to quit, and he filed the eviction action a week later.

However, Budwey claims that he crafts his leases to enable him to take self-help measures to secure the property and payment of rent if the tenant is 10 days in arrears. Under that provision, Budwey gives himself the right to enter and secure payment without the lease needing first to be terminated, and without any notice.

That’s exactly what Budwey did on January 11th – 11 days after the January rent was unpaid – he shut off the gas, blocked the doors, politely asked patrons to leave and offered to pay them cash, and wanted to prevent Valenti and Brocuglio the ability to destroy or loot the premises. The police were called, and Budwey relented. On cross-examination by Mr. Carney, Mr. Budwey acknowledged that he had recently changed the locks and the alarm codes. Mr. Carney’s questioning and demeanor were often argumentative (not that he was being rude, but that he was improperly making an argument during questioning), and at one point Carney and Rizzo got into a shouting match that was ended when Judge Lewis did a bit of yelling himself.

Carney made the point to the judge that he intended to remove the case to Supreme Court to pursue a claim against Budwey for self-help, seeking treble damages. Since that hadn’t been accomplished or applied for, Judge Lewis continued with the eviction proceeding.

The eviction is a simple action for Budwey to re-take possession of the unit, terminating the lease. There aren’t many defenses available to a commercial tenant in this situation – either the rent is paid, or it’s not. Valenti and Brocuglio’s claims about Budwey’s alleged illegal self-help are not defenses to the eviction, but a separate action for money damages. It is entirely possible that Budwey wins possession, but that he loses a subsequent trial for money damages in another venue. In speaking with Mr. Budwey, he indicates that he’d gladly pay to be forever rid of Valenti and Brocuglio, and he isn’t concerned about their threats of ongoing litigation.

At one point, I observed Mr. Budwey getting rather animated, requiring his attorney to shush him. I observed Mr. Budwey look directly at the seated Mr. Valenti, and ask him to “come on, speak up!” By contrast, Ms. Brocuglio was standing next to Mr. Carney the entire time, at one point looking back at Ms. Janiszewski and shaking her head at her. When Carney asked Budwey if the Valentis had abandoned the premises, Terry Valenti audibly said, “no”, and Ms. Brocuglio turned around and shushed him.

As Mr. Carney’s cross-examination was briefly halted, the judge sustained Mr. Rizzo’s objection over the line of questioning having to do with the lock-out. Rizzo argued that self-help is irrelevant for purposes of the eviction action, and based on the lease language, the judge agreed. However, the judge had to adjourn the proceeding because of a personal matter, and it will again be taken up at 11am on Tuesday.

As I waited to see if anyone would talk to me (unlikely as they’re all represented by counsel), Ms. Brocuglio approached me. She said, “hi, Alan”, adding, “I’m glad that now you’ve heard more of the story.” She told me that much of what people have left in comments here at Artvoice Daily are lies, and that this is all “from a divorce”. She refused to be interviewed on camera, and was whisked away to talk with her lawyer and supporters.

Before the proceeding, Budwey provided me with this document, which he says shows that even if Valenti’s was allowed to re-open, he’d still owe various creditors thousands.

Budwey told me that, when he went away to Jamaica, he offered to give Terry Valenti a second chance – a blank slate – all he had to do was keep Lori Brocuglio off the premises. Terry told Budwey that he would, but when Budwey left, Brocuglio was present at the restaurant every day. Before going COD with Tarantino and SYSCO, Valenti’s stocked up on over $10,000 of food, and supplemented that with Curtze, the last purveyor who would work with them. When the electric was shut off last week, all that food is now rotting, and the foam flame retardant system was deliberately activated by someone. Mr. Budwey clearly likes Terry Valenti and was willing to work with him, but he reserves a special hatred and disgust for Ms. Brocuglio; whenever he mentioned her name he used exquisitely colorful expletives.

If you pass by Valenti’s Restaurant now – a place that Janice Okun awarded 2 1/2 stars just 5 short week ago – a place supposedly run by an Iron Chef winner and CIA graduate, it now looks like this:

And had they not lied to Brian Kahle, Channel 7, and Janice Okun, no one would be paying them any attention.

 



Email me here.

Valenti’s Goes to Court

If you’re wondering why we’re still following the Valenti’s saga (begun here, with an innocuous takedown of a Janice Okun “review”, updated here, here, herehere, here, and here), it’s because the commentariat has weighed in well over 2,500 times. It’s generally the same 10 – 15 commenters adding details, accusations, and trading barbs, but I’ve received lots of positive feedback from people who remain riveted by how a mediocre red sauce joint could generate so much interest and hatred.

Terry Valenti and Lori Brocuglio took possession of the restaurant property in late September pursuant to a lease that commenced on October 1st. Their landlord, Frank Budwey, agreed to give them two free months’ rent, and also to pay deposits to National Fuel and National Grid to enable Valenti’s to turn those utilities on – they didn’t have the capital to do it.

The restaurant, however, wasn’t in Terry Valenti’s name. Instead, the property was co-owned by Brocuglio and an acquaintance of theirs named Melissa Janiszewski, who has since become estranged from them. There have been allegations made that Janiszewski’s credit and identity were deceitfully misappropriated. In North Tonawanda City Court yesterday, Ms. Janiszewski sat with Mr. Budwey.

Terry Valenti sat in the front row, with three people who were set to testify on the restaurant’s behalf. He was wearing a black button-down shirt, his head was uncovered, and he had shaven off his facial hair, leaving him almost unrecognizable. Ms. Brocuglio arrived soon thereafter, wearing a black specked suit and a red suede fringe jacket. When she sat down, she briefly spoke with their attorney, Mark Carney, and held up some sort of CD-ROM to one of their supporters and seemed proud of it for some reason.

Frank Budwey approached Carney and asked him if he had been paid. Carney replied that it was, “none of [his] business”, and Mr. Budwey retorted that he didn’t want Mr. Carney to waste his time. Under normal circumstances, a lawyer is not permitted to talk with a party opponent in any way, and had I been in Mr. Carney’s shoes I would have simply replied that I was not permitted to speak with Mr. Budwey, remained silent, or advised Budwey’s counsel of the approach.

Judge William Lewis presided over the rather informal eviction trial. Budwey’s attorney, James Rizzo, elicited testimony from Mr. Budwey about the non-payment of rent, now alleged to be $5,200. At one time, Brocuglio wrote Budwey a bad check for $3,000, a crime that is being contemporaneously prosecuted in North Tonawanda Court, and paid Budwey what he says was $500 cash in early January. However, the receipt for that cash shows $1,500 was received – Budwey claims that Brocuglio added the “1”. Judge for yourself:

$500 or $1,500?

Budwey testified that Valenti’s paid utilities for October and November, but not since. He testified that they have never been current on owed rent. On January 13th, Budwey terminated the lease by serving a 3-day notice to quit, and he filed the eviction action a week later.

However, Budwey claims that he crafts his leases to enable him to take self-help measures to secure the property and payment of rent if the tenant is 10 days in arrears. Under that provision, Budwey gives himself the right to enter and secure payment without the lease needing first to be terminated, and without any notice.

That’s exactly what Budwey did on January 11th – 11 days after the January rent was unpaid – he shut off the gas, blocked the doors, politely asked patrons to leave and offered to pay them cash, and wanted to prevent Valenti and Brocuglio the ability to destroy or loot the premises. The police were called, and Budwey relented. On cross-examination by Mr. Carney, Mr. Budwey acknowledged that he had recently changed the locks and the alarm codes. Mr. Carney’s questioning and demeanor were often argumentative (not that he was being rude, but that he was improperly making an argument during questioning), and at one point Carney and Rizzo got into a shouting match that was ended when Judge Lewis did a bit of yelling himself.

Carney made the point to the judge that he intended to remove the case to Supreme Court to pursue a claim against Budwey for self-help, seeking treble damages. Since that hadn’t been accomplished or applied for, Judge Lewis continued with the eviction proceeding.

The eviction is a simple action for Budwey to re-take possession of the unit, terminating the lease. There aren’t many defenses available to a commercial tenant in this situation – either the rent is paid, or it’s not. Valenti and Brocuglio’s claims about Budwey’s alleged illegal self-help are not defenses to the eviction, but a separate action for money damages. It is entirely possible that Budwey wins possession, but that he loses a subsequent trial for money damages in another venue. In speaking with Mr. Budwey, he indicates that he’d gladly pay to be forever rid of Valenti and Brocuglio, and he isn’t concerned about their threats of ongoing litigation.

At one point, I observed Mr. Budwey getting rather animated, requiring his attorney to shush him. I observed Mr. Budwey look directly at the seated Mr. Valenti, and ask him to “come on, speak up!” By contrast, Ms. Brocuglio was standing next to Mr. Carney the entire time, at one point looking back at Ms. Janiszewski and shaking her head at her. When Carney asked Budwey if the Valentis had abandoned the premises, Terry Valenti audibly said, “no”, and Ms. Brocuglio turned around and shushed him.

As Mr. Carney’s cross-examination was briefly halted, the judge sustained Mr. Rizzo’s objection over the line of questioning having to do with the lock-out. Rizzo argued that self-help is irrelevant for purposes of the eviction action, and based on the lease language, the judge agreed. However, the judge had to adjourn the proceeding because of a personal matter, and it will again be taken up at 11am on Tuesday.

As I waited to see if anyone would talk to me (unlikely as they’re all represented by counsel), Ms. Brocuglio approached me. She said, “hi, Alan”, adding, “I’m glad that now you’ve heard more of the story.” She told me that much of what people have left in comments here at Artvoice Daily are lies, and that this is all “from a divorce”. She refused to be interviewed on camera, and was whisked away to talk with her lawyer and supporters.

Before the proceeding, Budwey provided me with this document, which he says shows that even if Valenti’s was allowed to re-open, he’d still owe various creditors thousands.

Budwey told me that, when he went away to Jamaica, he offered to give Terry Valenti a second chance – a blank slate – all he had to do was keep Lori Brocuglio off the premises. Terry told Budwey that he would, but when Budwey left, Brocuglio was present at the restaurant every day. Before going COD with Tarantino and SYSCO, Valenti’s stocked up on over $10,000 of food, and supplemented that with Curtze, the last purveyor who would work with them. When the electric was shut off last week, all that food is now rotting, and the foam flame retardant system was deliberately activated by someone. Mr. Budwey clearly likes Terry Valenti and was willing to work with him, but he reserves a special hatred and disgust for Ms. Brocuglio; whenever he mentioned her name he used exquisitely colorful expletives.

If you pass by Valenti’s Restaurant now – a place that Janice Okun awarded 2 1/2 stars just 5 short week ago – a place supposedly run by an Iron Chef winner and CIA graduate, it now looks like this:

And had they not lied to Brian Kahle, Channel 7, and Janice Okun, no one would be paying them any attention.

http://swfs.bimvid.com/bimvid_player-3_2_7.swf?x-bim-callletters=WKBW

 


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Email me here.

LeRoy High School: No Photo!

Over the weekend, the LeRoy story about high school kids suddenly developing unexplained Tourettes-like symptons took a strange turn. Some of the families have retained the services of Erin Brockovich, who consults with personal injury / environmental tort law firm Weitz & Luxenburg, among others. (You may know Weitz & Luxenburg as being the firm for which Assembly Speaker Sheldon Silver works).  

The Brockovich team was on hand over the weekend to take soil and water samples from the general area around the high school, and brought the media along to watch & inquire. The school district, however, appears to be overreacting to this, playing hardball with respect to the small town media circus this is becoming. Howard Owens from the Batavian comments

[Brockovich investigator Bob] Bowcock was told by [LeRoy Central School District rep Bill] Albert that he could walk the grounds, just like any other citizen in Le Roy, but could not take soil samples, and the media would not be allowed on the grounds. Albert said that while members of the media were citizens, they could not go on the property while acting in capacity as media, even though numerous Supreme Court cases have not drawn a distinction between a “person” and a “corporate entity” (most recently Citizens United) for the purpose of First Amendment rights.

School property is public property and public access cannot be denied so long as it does not disrupt the educational purpose of the campus.

The media was on site during non-school hours and there was no evidence of educational activity. To label the media presence as “criminal activity” is beyond ludicrous.

Ludicrous indeed.  But not because of the distinction between a “person” and any other legal entity, but because if a person has the right to traverse the property, a person with a camera has the right to photograph them, and a person with a microphone has a right to question them. The school district’s reaction to all of this is likely guided by overprotective counsel, but is fast becoming comical. The environment at the school could quite possibly hold the key to this outbreak of an unknown malady, and the school should be welcoming additional investigators and scrutiny – not lobbing Soviet-era threats as if this is some military secret. 

The LeRoy High School isn’t Area 51, and the families of kids who go there have a right to be 100% sure they’re not learning trigonometry and science on top of an environmental catastrophe. 

ECHDC Food Market Survey

The Erie Canal Harbor Development Corporation is asking for the public’s input concerning restaurant and food market opinions and decisions.  I have an email in to ask, but take a look, fill it out, and let me know what you think it’s all about. 

I think it’s part of the planning for a proposed food market at Canal Side, and also possibly to prioritize what sort of restaurant concessions are approved or pursued. This way, when Goldman et al. complain about what ends up there, the Authority can point to the survey and argue that they sought and received public input, and avoid controversy over who speaks for whom. 

14 Gerrymanders

During the 2010 election, one of the main themes had to do with reforming state government. Former New York City Mayor Ed Koch spearheaded an effort to promote independent redistricting, and sought to hold lawmakers accountable. With NY Uprising’s list of “heroes” and “enemies” of reform, Koch’s group managed to bring the issue to the forefront. 

Yesterday, the State Senate’s proposed districts were released, and there’s nothing independent  about the way they were drawn. Koch is predictably incensed, accusing lawmakers of breaking their pledges, and calling the process, “disgraceful” and accused lawmakers who broke their pledge of losing all “credibility”.  For his part, Governor Cuomo has already said he may veto the entire effort.  Here’s how the LATFOR redistricting task force was created: 

The Task Force consists of six members, including four legislators and two non-legislators. The Temporary President of the Senate appoints one legislator, Michael F. Nozzolio (Co-Chair), and one non-legislator, Welquis R. Lopez. The Speaker of the Assembly also appoints one legislator, Assemblyman John J. McEneny (Co-Chair), and one non-legislator, Roman Hedges. The Minority Leaders of the Assembly and the Senate each appoint one legislator: Assemblyman Robert Oaks and Senator Martin Malavé Dilan.

Let’s take a look at the current and proposed Senate and Assembly Districts covering WNY. 

Grisanti’s district is to be entirely in Erie County, while Maziarz absorbs Niagara Falls. Ranzenhofer gets his first urban area way out in Monroe County, while Kennedy gets most of Buffalo, Cheektowaga, and Lackawanna. Gallivan’s district remains largely rural, except it doesn’t reach as far east as before, and he has suburbs such as West Seneca, Lancaster, and Henrietta. The careful line-drawing protects incumbents – little more.  Just look at how carefully districts 60 and 63 carve through Buffalo’s west side: 

Street by Street

 Assembly lines aren’t much better. 

Street-by-Street

(Giglio (A-149), Burling (A-147), and Goodell (A-150), whose current districts cover counties in the Southern Tier, rural counties further east and south, are omitted). It would appear in the Assembly that Smardz may lose his district, and it should be noted that Congressional lines have yet to be drawn or proposed. 

If the system is a broken one, this is the process that is in most need of repair. Despite several years’ worth of guarantees and promises concerning apolitical independence, we’re right back to square one, and it’s wholly unacceptable. A veto is the only thing Governor Cuomo can do to send a message to the citizens of the state – and their legislature – that the status quo is unacceptable. 

 

Valenti's: Might Want to Frame Those Gift Cards

An empty restaurant (click to enlarge)

It’s been about six weeks since the Buffalo News’ sole restaurant critic gave this Italian upstart a 2.5 star review, extolling the virtues of their red sauce and their Iron Chef and parsnips-based provenance.

On January 20, Budwey Supermarkets, Inc. filed a Notice of Petition to evict “Desires Unlimited d/b/a Valenti’s Italian Restaurant under index number LT-0055-12 in North Tonawanda City Court. The matter is scheduled for a hearing on Monday January 30th at 2pm in that venue. Budwey alleges that Valenti’s owes him $5,200 in unpaid rent, plus $500 in attorneys’ fees.  As of right now, no counterclaim has been filed against Budwey.

I have a call in to Budwey’s attorney.

A source close to the matter says that, as the restaurant was readying for lunch service on Wednesday, the electricity was shut off. Terry Valenti had been attempting to open an electrical account in his name, but Budwey put a hold on the service, which rendered that impossible. With power off, food that was slated to be served yesterday is still sitting out, and the food that is in the coolers and freezers may spoil, costing upwards of $15,000 to replace. The problem is that Valenti’s cannot get a purveyor to service the restaurant due to unpaid bills, and a dubious check may have been cut to Curtze’s. (UPDATE: Curtze’s confirms that, although Valenti’s did not have an account with it, they did buy stuff from them from time to time, and they also confirmed that Valenti’s last check bounced – that there was no money in the account and they can’t locate the person who passed it.)

When the electricity was shut off, a source says that Valenti and Brocuglio pulled the Ansul flame retardant system, possibly damaging equipment and necessitating a very costly recharge of the foam system.

 

It’s unknown whether Valenti and Brocuglio intend ever to return to the restaurant at this point, but signs point to “no”. It’s also been reported to me that many valuables and important files and financial documents have been removed from the premises.

At 11am on Thursday, the lights were off, Valenti’s was empty and closed.  In the meantime, someone had created a “Budway Valenti“[sic] Facebook account to mock Valenti’s landlord and estranged partner in the business and former server, Melissa Janiszewski. Screen caps below.

 

 

Valenti’s: Might Want to Frame Those Gift Cards

An empty restaurant (click to enlarge)

It’s been about six weeks since the Buffalo News’ sole restaurant critic gave this Italian upstart a 2.5 star review, extolling the virtues of their red sauce and their Iron Chef and parsnips-based provenance.

On January 20, Budwey Supermarkets, Inc. filed a Notice of Petition to evict “Desires Unlimited d/b/a Valenti’s Italian Restaurant under index number LT-0055-12 in North Tonawanda City Court. The matter is scheduled for a hearing on Monday January 30th at 2pm in that venue. Budwey alleges that Valenti’s owes him $5,200 in unpaid rent, plus $500 in attorneys’ fees.  As of right now, no counterclaim has been filed against Budwey.

I have a call in to Budwey’s attorney.

A source close to the matter says that, as the restaurant was readying for lunch service on Wednesday, the electricity was shut off. Terry Valenti had been attempting to open an electrical account in his name, but Budwey put a hold on the service, which rendered that impossible. With power off, food that was slated to be served yesterday is still sitting out, and the food that is in the coolers and freezers may spoil, costing upwards of $15,000 to replace. The problem is that Valenti’s cannot get a purveyor to service the restaurant due to unpaid bills, and a dubious check may have been cut to Curtze’s. (UPDATE: Curtze’s confirms that, although Valenti’s did not have an account with it, they did buy stuff from them from time to time, and they also confirmed that Valenti’s last check bounced – that there was no money in the account and they can’t locate the person who passed it.)

When the electricity was shut off, a source says that Valenti and Brocuglio pulled the Ansul flame retardant system, possibly damaging equipment and necessitating a very costly recharge of the foam system.

 

It’s unknown whether Valenti and Brocuglio intend ever to return to the restaurant at this point, but signs point to “no”. It’s also been reported to me that many valuables and important files and financial documents have been removed from the premises.

At 11am on Thursday, the lights were off, Valenti’s was empty and closed.  In the meantime, someone had created a “Budway Valenti“[sic] Facebook account to mock Valenti’s landlord and estranged partner in the business and former server, Melissa Janiszewski. Screen caps below.

 

 

The Cuomo Plan

Wilkommen in Buffalo

Governor Cuomo came to Buffalo yesterday to further outline his vision for moving Buffalo forward, and how the city can use the $1 billion the administration pledged.

The announcement has been met with all the hand-wringing, complaints, and angst that accompanies any sort of big news about Buffalo, with outside conservative commentators arguing that the money amounts to spending good money after bad.

But comparing the mistakes of the 50s, 60s, 70s, and 80s to our current state reveals little more than a prejudicial ignorance of what Buffalo is today. The city is financially sound, but politically broken and economically wounded. The most critical thing Cuomo said yesterday to the assembled Buffalonians was to stop looking backwards. Our nostalgia and t-shirt based economy is all well and good, but it’s not growing the city, educating our kids, reforming our government, keeping graduates in the region, or attracting business and industry here.

The key to the billion is that it’s not just a handout. It’s a line of credit that’s conditioned upon business, industry, and government agreeing on a plan – we’re not always good at thinking about the long game around here. Once we have an idea of what we want the billion to accomplish, we can set out to meet that goal through a specific plan.

We haven’t had city leaders express what they’d like Buffalo to look like in twenty or forty years, and it’s an important conversation to have, given the way in which our visionless city leadership is content to cut ribbons and tread water. The billion dollars here is a sort of Marshall Plan – it’s not, as the Wall Street Journal would have you believe, a welfare payment – Buffalo’s TANF for the year.  If we set up the right apparatus with the right people with the right vision and concomitant plan, this could really be something.

The problem now is pulling all of that together without the usual suspects getting all grabby.

Vocabulary

Photo: Los Angeles Times

Everyone knows the old adage that there are “two sides to every story”. So, when you write a book in which you mother-eff the Presidentas being rude, but the President doesn’t see it that way, you might expect a bit of blowback from that.

Especially when you have a track record of making stuff up out of whole cloth for political gain or sympathy. A person who has abandoned SCHIP health care coverage for the kids of the working poor, a person who used federal education funds to battle immigrants, a person who is virulently homophobic – her character is called into question by virtue of her opening her mouth.

So, when the subject of your mischaracterization calls you out on it, privately and to your face, that’s not being “thin skinned”, that’s called “defending oneself against untrue and unfair attacks”, and with Ms. Brewer running to the closest cameras to moan about how mean the President was to confront her politely about her lies, it is she who is the thin-skinned one, as evidenced by the picture shown above, which, as another old adage goes, tells a thousand words.

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