Le Roy

More than 100 Le Roy High School students and community members attended a candlelight vigil tonight at the Le Roy Fire Hall in honor of Joshua Ian Mouery, who died six days ago at age 16.

The vigil was organized by Le Roy students Joseph Pratt, Josh Janiszeski and Amy Kaplun.

Pratt said Mouery was a best friend and urged all who attended to remember all of the good times with Josh and carry him in their hearts for the rest of their lives.

These are the latest indictments issued by the Genesee County Grand Jury.

Marino M. Marasciulo III is indicted on 16 criminal counts, including third-degree rape, all alleged to have occurred in the Town of Bergen. In late January or early February, 2013, this adult over the age of 21, allegedly engaged in sexual intercourse with a person under 17, a Class E felony. In count two, the defendant is accused of allegedly engaging in oral sexual conduct with a person under 17, also a Class E felony. In count three of the indictment, the defendant is accused of forcible touching, a Class A misdemeanor. In or about July 2012, for intentionally and for no legitimate purpose, Marasciulo allegedly forcibly touched the sexual or other intimate parts of another person for the purpose of degrading or abusing such person or for the purpose of gratifying the actor's sexual desire. In count four, Marasciulo is accused of a Class A misdemeanor, in or about July 2012, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less that 17 or directed or authorized such child to engage in an occupation involving substantial risk of danger to her life or health. In count five, the defendant is accused of the same conduct as in count four but in April or May 2013 and with a second child under 17. In counts six and seven (Summer of 2012), eight (Summer of 2012 -- May 2013) and nine (late January or early February 2013) the defendant is accused of the same conduct but with a third, fourth, fifth, and sixth child, respectively. The remaining seven counts, all Class A misdemeanors, are for unlawfully dealing with a child for allegedly providing alcohol to a person or persons under 21.

Shadow S. Jonathan is indicted for the crime of second-degree assault, a Class D violent felony, for allegedly intending to cause, and causing, physical injury to another person or a third person by means of a dangerous instrument, a wooden beam, on Sept. 13 in the Town of Alabama. On the same date, the defendant is also accused of attempted assault in the second degree, a Class E felony, for allegedly intending to cause physical injury and attempting to cause such injury by means of a dangerous instrument, a metal stake.

Nicole M. Dellapenna is indicted for second-degree assault, a Class D violent felony, for allegedly intending to cause physical injury to another person, causing injury to the person or a third person by means of a dangerous instrument, a knife, in the Town of Le Roy of Aug. 24. She is accused of criminal possession of a weapon, 4th, a Class A misdemeanor, for allegedly knowingly possessing a dagger or dangerous knife or other dangerous instrument or weapon with intent to use the same unlawfully against another.

Matthew A. Beccue is indicted for allegedly driving while intoxicated, a Class E felony. On Nov. 22 in the City of Batavia, he drove a 1994 Chevrolet in the parking lot of a gas station and on Route 63 and on Liberty Street all while allegedly intoxicated. In count two, he is accused of aggravated driving while intoxicated, also a Class E felony, for allegedly have a BAC of .18 or more.

Wayne D. Potter, 30, of Batavia, is charged with failure to notify of change of address and offering a false instrument for filing. Potter is a registered level 2 sex offender. He allegedly failed to register a change of address and turned himself in after learning police were looking for him. Potter was jailed without bail.

Stephen A. Lewis II, 33, of 14 Highland Park, Batavia, is charged with criminal mischief, 4th. Lewis is accused of damaging the door of another tenant at 14 Highland Park, Batavia, with a shovel. Lewis was jailed on $1,000 bail.

James Rocco Soccio, 32, of Ross Street, Batavia, was arrested on a warrant stemming from an unregistered motor vehicle charge. Soccio posted bail and was released.

James J. Preedom, 29, of East Main Street, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Preedom is accused of pushing another person during an alleged incident reported at 3:30 a.m., Monday. Preedom also allegedly broke a chair and damaged a wall.

Jeffrey W. Kuyal, 22, of 839 Chili Ave., lot J147, Churchville, is charged with petit larceny; Jazmin L. Kuyal, 25, of 66 Lake Street, Le Roy, is harassment, resisting arrest and obstructing governmental administration. Jeffrey was arrested by Le Roy PD for allegedly shoplifting from a village business. As he was being led from the store by a police officer, Jazmin allegedly struck Jeffrey in front of police. Police say Jeffrey and Jazmin are cousins. When a police officer attempted to arrest Jazmin, Jazmin allegedly struggled with the officer and became combative, refusing to get into the patrol vehicle. Jazmin was also found to have a warrant out of Orleans County. Jazmin was jailed on $1,000 bail.

Mark Anthony Cicero, 45, of Dolbeer Street, Perry, is charged with unlawful possession of marijuana, drinking alcohol in a motor vehicle and failure to obey traffic device. Cicero was stopped at 12:20 a.m. on Perry Road, Pavilion, by Deputy Joseph Corona.

Randy J. Rowe, 32, of Rochester, was arrested as a fugitive and is also charged with criminal mischief, 3rd. Rowe was arrested in the Town of Batavia on Monday by State Police. No further details released.

NOTE: The Genesee County Sheriff's Office is now posting a list of people with outstanding warrants. The list can be found on the county Web site under NEW Warrants. For the current list, click here (PDF).

A car-into-pole accident with minor injuries is reported in Le Roy at the intersection of Main and Bator roads. Le Roy fire and ambulance are responding.

Rose H. Chiauzzi, 22, of 154 W. Court St., Warsaw, is charged with felony assault and criminal mischief, 4th. Chiauzzi allegedly grabbed a brick during an argument in the Village of Le Roy and struck the victim on the back of the head causing an injury that required an ambulance transport to an area hospital. Chiauzzi also allegedly damaged the windshield and sunroof of the victim's vehicle. Chiauzzi was jailed on $5,000 bail.

Jeffrey W. Scott, 31, of 14 Lake St., Apt. #3, Le Roy, is charged with issuing a bad check. Scott allegedly wrote a check based on insufficient funds at a business in the Village of Le Roy and then failed to make payment for the check.

Heather K. Wilcox-Villa, 43, of 9624 Clipnock Road, Stafford, is charged with petit larceny. Wilcox-Villa is accused of shoplifting at a business in the Village of Le Roy. She allegedly concealed a bottle of perfume in her purse and left the store without paying for it.

Marcus Allen Ciociola, 18, of West Main Street, Corfu, is charged with harassment, 2nd. Ciociola allegedly kicked another person during at dispute. He was jailed on $800 bail.

Andrei Peter Sliker, 23, of Hutchins Street, Batavia, is charged with criminal contempt, 1st. Sliker allegedly violated an order of protection. He was jailed on $5,000 bail.

Todd Patrick Gately, 22, of Long Pond Road, Rochester, is charged with unlawful possession of marijuana, uninspected motor vehicle and failure to obey traffic device. Gately was stopped at 1:40 a.m. Tuesday on Townline Road, Bergen, by Deputy Joseph Corona.

Judith E. Peterson, 53, of Lancaster, is charged with DWI. State Police responded to a report at 11:18 p.m., March 23, on Bernd Road, Le Roy, of one vehicle striking a car parked in a driveway following a report of a domestic dispute. Troopers located Peterson walking on Bernd Road. State Police alleged Peterson was driving the vehicle that struck the parked car and then tried to leave the scene on foot. She allegedly failed field sobriety tests and had a BAC of .17.

The Le Roy Volunteer Fire Department dedicated a new truck Monday night and officially put it in service.

The truck is a 45-foot-long heavy rescue, Rescue 66, that replaces a Peterbuilt that was put into service in 1994.

A rescue carries no water. Rather it is filled with tools that can be used on every type of call a fire department might handle, from structure fires and accidents to water rescues.

In fact, the new truck contains a compartment just for an inflatable boat.

"We used to mount a steel boat on top of one of the pumpers and tie it down and drive down the road with a boat on top of a pumper," Chief Tom Wood said. "Now we have an inflatable boat in a compartment on a truck where it's always ready to go at a moments notice."

The cost of the truck was $690,000 and paid for by fire district taxes.

Among the trucks tools are cutting and spreading tools for vehicle extrication, various axes and saws and picks, a couple of extra hoses, brooms for brush fires and a cascade air tank system.

"It's basically a rolling tool box," Wood said.

The air tank system will give Le Roy the ability to refill air packs for City of Batavia fire as well as other departments in the county. Typically, Darien fire has responded to fires in the city to provide support on air pack supply, but the new truck will provide another option for City fire.

At 45-feet-long, Rescue 66 is among the biggest rescue trucks in the county.

It can carry six firefighters.

"It rolls on every call for us, whether it's a brush fire, because it's got rehab on it for heat, structure fire air, or just for manpower," Wood said. "If another department in the county calls for manpower, this is the truck that's going to go."

Deacon Dave Ehrhart performed the blessing for the truck and the department members who attended the ceremony.

To find out more about becoming a volunteer firefighter, visit ReadyGenesee.com.

Chief Tom Wood shows off some of the tool storage on Rescue 66.

Compartment with inflatable boat, engine and water rescue gear.

Press release:

The Le Roy Christian Community Project hosted its 2nd annual tournament this past Saturday, March 22. Ten teams, consisting of 6-10 players competed in the all day tournament. The teams were: Gone Postal, Don’t Hassle the Hoff, The Rotarians, The Dodgefathers, Baseball Furies, Squad Grey, One Dodge Wonders, Perpetual Hedonism, Dirty Dodgers, and Boom Goes the Dynamite.

The teams and spectators came out to Our Lady of Mercy Parish Center in Le Roy to raise funds for the organization and enjoy a fun-filled day of competition.

The tournament ended with a match between Baseball Furies and Don’t Hassle the Hoff. Don’t Hassle the Hoff came from the losers bracket and took set 1 with a game count of 3-2, forcing a second and final set. It looked like team Don’t Hassle the Hoff was going to take the gold, leaping to a 2-0 start the second set, but Baseball Furies answered back with three straight wins to close out the tournament. Medals from Joe's Awards and Trophies of Batavia were awarded to each member of the team.

Overall Results:
1st Place - Baseball Furies
2nd Place - Don't Hassle the Hoff
3rd Place - Perpetual Hedonism
4th Place - Gone Postal
5th Place - One Dodge Wonders & Squad Grey
7th Place - Dirty Dodgers & Boom Goes the Dynamite
9th Place - The Dodgefathers & The Rotarians

Pictured are the tournament champions, the Team Baseball Furries: Jarrod Miner, Thomas Sigler, Brandon Dries, Tyler Streeter, Brad Streeter, Joe Chimino, Jamie Chimino, Joe Chimino, Sr. Jordan Charcola and Tim Ruffin.

Bruce Jeramie Brade, 33, of Galloway Road, Batavia, is charged with grand larceny, 3rd, and seven counts of forgery, 2nd. Brade allegedly stole checks from his grandmother over the course of several months in 2013 while he was living with her. The value of the checks allegedly totaled $3,680. Brade was jailed on $15,000 bail.

Landon Wayne Carroll, 32, of Buell Street, Akron, is charged with felony DWI, felony driving with a BAC of .08 or greater, speeding and aggravated unlicensed operation, 2nd. Carroll was stopped at 12:32 a.m. Saturday on Oak Street, Batavia, by Officer Chad Richards.

Samantha L .Tennity, 19, of Hall Street, Batavia, was arrested on a City Court Warrant. No further details released. Tennity was reported by the Sheriff's Office, also, as being arrested on a bench warrant from Town of Batavia Court. She was jailed on $1,000 bail or $2,000 bond.

Tiffany M. Neal, 22, of 115 State St., upper, Batavia, is charged with endangering the welfare of a child. Police responded to a call for assistance at Neal's residence and allegedly found Neal and her 1-year-old child living in "deplorable conditions." Neal was issued an appearance ticket. DSS assisted in the investigation.

Joshua L. Baltz, 37, of Old Meadow Lane, Batavia, is charged with petit larceny. Baltz is accused of shoplifting from Kwik Fill.

Lauralee Pacer, 28, of Jackson Street, Batavia, is charged with aggravated harassment. Pacer allegedly sent a man she knew 75 "unwanted and annoying text messages that served no legitimate purpose."

Samantha A. Bowles, 24, of East Main Street, Le Roy, was arrested on a bench warrant for alleged failure to pay a fine from a previous conviction on disorderly conduct. Bowles was jailed on $200 bail.

Joey Aaron Evans, 23, of State Street, Batavia, was arrested on a bench warrant for alleged failure to comply with drug court. Evans was jailed on $100,000 bail.

Chiyannon J. Bundy, 26, of Main Street, Le Roy, was arrested on a bench warrant for alleged failure to appear. Bundy was jailed on $200 bail.

Kyle Robert Washington, 24, of South Lake Road, Pavilion, is charged with unlawful possession of marijuana, public appearance under the influence of a narcotic or drug, and drinking alcohol in a motor vehicle on a public highway. Washington was arrested at 11:59 p.m. Saturday at 572 E. Main St., Batavia, by Deputy Joseph Corona.

Tracy Lee Moore, 47, of Asbury Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and failure to keep right. Moore was stopped 2:08 a.m. Sunday on Oak Orchard Road, Batavia, by Deputy Joseph Corona.

Dalton Allan Long, 19, of West Main Street, Caledonia, is charged with criminal possession of stolen property, 5th. Long is accused of possessing property that was reported stolen in Oakfield in September 2013.

Jeffrey L. Smith, 44, of Vinton Road, Irondequoit, is charged with petit larceny and criminal possession of stolen property, 5th. Smith is accused of stealing merchandise from Walmart. Smith reportedly left in a vehicle and was located later, allegedly in possession of stolen property.

Michael Francis Hurley, 42, of Marine Drive, Buffalo, is charged with DWI, driving with a BAC of .08 or greater and insufficient headlamps. Hurley was stopped at 1:22 a.m. Tuesday on West Main Street, Batavia, by Deputy James Diehl.

An injury accident is reported on a bridge over Route 490 in Le Roy. One car is blocking traffic. Le Roy fire and ambulance are responding.

UPDATE 7:24 p.m.: "Patient transported. Roadway cleared. Le Roy assignment back in service," says the chief on scene.

The only election in Genesee County tonight that was supposed to be contested was in Le Roy, but a last-minute write-in campaign in Corfu made that vote suddenly interesting.

Nick Skeet -- son of former mayor Todd Skeet -- decided just a week ago or so that he wanted to try and win a seat on the village board.

He got 17 write-in votes tonight, which wasn't enough to close the gap on incumbents Art Ianni (31 votes) and Ken Laurer (53 votes).

"I don't like some of the things going on at meetings," Skeet said after the votes were tallied. "I still don't like the way the village is being run. I think we can do a better job. I just think everything can done for the better interest of Corfu. There are details I don't like that I'd rather not get into."

Asked if he was targeting a specific incumbent with his write-in campaign, he said he wasn't. Asked to explain what was bothering him at meetings, he wouldn't go into details.

The village government has been a bit of a soap opera for about two years, ever since an investigation was opened into missing court funds. A year ago, Ralph Peterson was elected mayor and immediately became a controversial figure in local politics. Facing pressure to resign, Peterson took medical leave and has been on leave for about six months.

Meanwhile, in Le Roy, one incumbent won reelection and another lost.

The winners were Robert Taylor, a longtime village trustee, and Bill Kettle, a local businessman. Trustee Jennifer Keys lost as did challenger John Mangefrida.

Taylor had 279 votes, Kettle, 267, Mangefrida, 228 and Keys, 191.

A car is off the road and the driver says he's unable to get out after striking a tree in the area of 8673 North Road, Le Roy.

That's near the county line.

The driver denies any injuries.

Le Roy fire and Le Roy ambulance dispatched.

UPDATE 11:56 a.m.: Subject is out of the vehicle. Units still responding can back it down.

Le Roy Fire Police are told to shut down Munson Street at both ends -- Wolcott and at Gilbert -- so a flooded basement can be pumped out.

UPDATE 2:56 p.m.: The Le Roy assignment is back in service.

A one-vehicle rollover, unknown injuries, is reported at 7213 Quinlan Road. Le Roy Fire Department and Ambulance Service responding.

UPDATE 5:23 p.m.: The Le Roy assignment is back in service.

Village living conditions were of the greatest concern to residents at a candidates' forum in Le Roy on Monday night.

Property upkeep by landlords and homeowners, vacant and abandoned properties, the care for the village demonstrated by downtown business owners, and the condition of streets and sidewalks were all touched on by residents at some point.

Meanwhile, the candidates talked of their love for Le Roy and desire to make the village a place where people want to live and raise families.

"We choose to live here," said Jennifer Keys. "We're not lifelong residents. We're here because it's a great community. You can walk down the street after dark and be safe. I love the architecture. The community. These are things we can sell to get other people to come here."

Keys, who won her first term on the village council four years ago, is seeking reelection along with incumbent Robert Taylor. There are two four-year terms up for election and joining the fray in the March 18 election are John Mangefrida and William Kettle.

Keys opened the forum in the dining room of the Greens of Le Roy by talking about her first bid for election four years ago. She campaigned on the pool, the comprehensive plan, working better with the town, and the matter of blighted houses. She said she was able to work with others to help get the pool reopened, which now serves record numbers of patrons, communications with the town have improved, and the council is still working on the comprehensive plan. Blighted houses, she said, remain an issue.

Kettle noted his dedication to the village as a Main Street property and business owner.

"If you're going to be in the game, you've got to be able to step up to the plate and I'm willing to do that," Kettle said. "I'm committed to Le Roy. I'm invested. I'm vested. I love Le Roy, as everybody here on the board does."

Mangefrida, whose been a trustee before, said he decided to run again because he loves the village. He recalled that during his military duty he knew he could count on the people of the community to help watch over and care for his family.

"It isn't about policies," Mangefrida said. "It's about maintaining the quality of life in Le Roy. We need to take care of our infrastructure and take care of the things that have gotten us here. If elected, I'm going to listen to everyone and make informed decisions and represent the people of Le Roy."

Taylor noted that except for the years he was away in college, he's lived his entire 72 years in Le Roy.

"We do this because we all love the community, and that's the only reason," Taylor said. "Without a good foundation, nothing lasts forever, and we've lasted a long time because Le Roy has a good foundation."

When the Q&A started, much of the discussion focused on vacant and abandoned housing. It's a vexing problem because these are typically properties that the banks refuse to foreclose on because it's cheaper just to pay the taxes and any fines related to lack of upkeep.

There's also a problem with property owners -- both landlords and homeowners -- who let their property fall into disrepair to the point of them being a nuisance to neighbors and other residents.

 "We all have a right to live in a village that is kept up and if it takes a sharp stick, then we need code enforcement that does it," Kettle said.

These are tough problems, Taylor said.

"The amount of problems we have are not going to be fixed in 10 minutes, but they are being addressed," Taylor said.

One resident called for a full-time code enforcement officer.

Mangefrida took a realist tact to the question and said the money to pay for a full-time officer, rather than a shared part-time officer with the town, would have to come from somewhere.

"Do we hire a full-time code enforcement officer?" Mangefrida asked. "If we hire a full-time code enforcement officer with the current budget are we willing do without one of our part-time police officers? Because that's what it's coming down to in running a village in the State of New York."

Another residents probed candidates on how much they know about the comprehensive plan, which he suggested needed to be revised to meet changing times.

Keys said the plan was last revised in 2007 and has been under review during her time in office.

John Mangefrida

William Kettle

Robert Taylor

Jennifer Keys

Tonia M. Doell, 44, of 14 Vine St., Batavia, is charged with three counts of menacing, 2nd, one count of criminal possession of a weapon, and one count of attempted assault, 2nd. Doell is accused of requesting medical assistance at 2:21 p.m. and when Mercy EMS personnel arrived at her residence and attempted to enter, Doell allegedly threatened them with a kitchen knife. Doell was arraigned and jailed without bail.

Jason D. Lang, 27, and Ashley R. Keene, 26, both of 244 Liberty St., Batavia, are charged with grand larceny, 4th. Lang and Keene are accused of stealing 10 pairs of eyeglass frames valued at more than $1,600 from the Lencrafters location in Hamburg. Hamburg detectives received several calls identifying Lang and Keene as the suspects after police posted pictures of the shoplifting suspects on Facebook and Buffalo media outlets picked up the story. Upon further investigation, Lang and Keene were asked to appear at Hamburg PD and did so voluntarily. Hamburg detectives report that Lang and Keene confessed to the theft. They were issued appearance tickets.

Pamela Kristene Goerss, 43, of Oak Hill Road, Silver Springs, is charged with DWI, speed not reasonable and prudent, unlicensed operator, leaving the scene of an accident and parked in roadway. Goerss was reportedly operating a 2011 Volkswagan Jetta southbound on Perry Road at 3:16 a.m. Sunday when she was involved in an accident. The other vehicle left the scene. Goerss also allegedly tried to drive away from the scene, but her vehicle became disabled. The Sheriff's Office is asking for the public's assistance in identifying the other vehicle and driver. Anybody with information can contact Deputy Frank Bordonaro at (585) 343-5000. Goerss was jailed on $500 bail.

Brian Lee Smith, 52, of Colonial Boulevard, Batavia, is charged with criminal contempt, 2nd, and aggravated family offense, a felony. Smith is accused of yelling a vulgar word at the victim, who has an active order of protection in place, Smith allegedly yelled at the victim while she was in her own driveway. Smith was jailed on $20,000 cash bail or $40,000 bond.

Bryan R. Bartholomew, 27, of Hutchins Street, Batavia, is charged with criminal contempt, 2nd. Bartholomew allegedly violated an order of protection by being at the residence of the protected party. Bartholomew was released under supervision of Genesee Justice.

Matthew D. Derrick, 29, of Bank Street, Batavia, is charged with harassment, 2nd. Derrick is accused of being involved in a domestic incident March 6.

Dariel A. Giffith, 21, of Jackson Street, Batavia, is charged with harassment, 2nd. Griffith is accused of striking another person in the hand during a dispute on South Swan Street at 4:56 p.m. March 6.

Jon David Vega, 48, of 78th Street, Howard Beach, was arrested on two bench warrants for alleged failure to appear. Vega was arrested upon his release from the Monroe County Jail on unrelated charges. He was arraigned in City Court and jailed on $5,000 cash bail or $10,000 bond.

Christina M. Colantonio, 27, of Snipery Road, Corfu, is accused of failure to appear after appearance ticket served. Colantonio was located walking westbound on West Main Street near Union Street by Officer James DeFreze and she was arrested on an active warrant. Colantonio posted $500 bail and was released.

Heather Daffney Stone, 19, of Elwood Drive, Rochester, was arrested on a bench warrant related to a third-degree burglary charge. Stone was released from Monroe County Jail on an unrelated matter and taken into custody on the burglary charge. Stone was held without bail.

Johnny Uylesse Troche, 28, of West Main Street Road, Batavia, is charged with menacing, 2nd. Troche allegedly threatened another person with a knife at 9:26 p.m. Saturday.

Francisco Rodriguez, 37, of Portland Avenue, Rochester, is charged with possession of untaxed cigarettes. Rodriguez was stopped at 8:43 p.m. Saturday on Lewiston Road, Batavia, for alleged failure to dim high beams by Deputy Joseph Corona. Rodriguez was allegedly found in possession of more untaxed cigarettes than legally allowed.

Christina Sandra Baudanza, 37, no address given, was arrested on a Family Court warrant. Baudanza was arrested upon her release from the Wyoming County Hospital. She was arraigned in Family Court and released to a social service worker who took her to temporary housing.

Katie Lee Winnie, 20, of Exchange Street, Attica, was arrested on bench warrants related to charges of petit larceny and possession of marijuana. Winnie allegedly failed to appear for a court date in the Town of Batavia. She turned herself in and was jailed on $500 bail.

Eric X. Williams, 22, of Batavia, is charged with harassment, 2nd. Williams was arrested by State Police for an alleged incident reported at 10:46 p.m. on Feb. 24. No further details released.

Joshua J. Clark, 37, of Le Roy, is charged with DWI and driving with a BAC of .08 or greater. Clark was stopped at 1:50 a.m. Friday at the junction of routes 5 and 63 by State Police.

A Pavilion mother twice arrested under provisions of Leandra's Law will have to serve six months in jail after blowing a chance to avoid lockup given to her by Judge Robert C. Noonan a year ago.

Angela R. Kruse, 42, will also be on probation for five years.

Kruse was first arrested in Le Roy for driving drunk with her children in her car in June 2012. She was arrested again four months later in Wyoming County following a rollover accident.

Kruse appeared before Noonan last March after going through rehab and was told if she could stay out of trouble for 11 months she could have a chance to put her Genesee County charge behind her, but she violated the terms of her release and appeared before Noonan again today to answer for the lapse.