Le Roy

Press release:

The state mandated 30-day public review period has begun for Agricultural District No. 3 in the towns of Le Roy, Pavilion, Stafford and Bergen.

The Genesee County Agricultural and Farmland Protection Board announced that Agricultural District No. 3 would embark on its eight-year review with a 30-day public review period beginning on Jan. 26.

As with every eight-year review, landowners with lands in the district under review will be asked to complete a worksheet where they will be given the option to enroll or withdraw property from the district. Only entire parcels can be included or excluded.

Landowners will receive the worksheet, along with a letter, informational brochure, and map of the current district boundaries in the next couple of days. Each landowner will have until Monday, Feb. 26^thof this year to mail the worksheets to the Department of Planning in the envelopes provided.

This deadline also coincides with the deadline for the Annual Enrollment Period which allows for inclusion of predominantly viable agricultural land to any of the County’s Agricultural Districts pending review by the Agricultural and Farmland Protection Board. In addition, nearby landowners that are receiving Agricultural Tax Assessments and are not part of the Agricultural Districts Program will be mailed a letter and form inviting them to join the program.

During this 30-day period, a map of the District will be on file and open to the public in the office of the Genesee County Clerk and at the Genesee County Department of Planning. Any municipality whose territory encompasses the above Agricultural District, any State Agency or any landowner within or adjacent to the District, may propose a modification of the District during this period.

The District and any proposed modification will be submitted to the Genesee County Agricultural and Farmland Protection Board for review. Consequently, a public hearing on the District and any proposed modifications will be held on Wednesday, May 8, at 5:30 p.m. at the Genesee County Old Courthouse, 7 Main St., Batavia.

At the conclusion of this review, the Genesee County Legislature will vote on any modifications to the District and send the proper materials to the State Department of Agriculture and Markets for recertification. The public is encouraged to attend all open meetings.

By enrolling land in the Agricultural Districts Program, participating farmers can receive relief from nuisance claims and certain forms of local regulation. Enrollment is free and voluntary.

For a free informational brochure, please contact the Genesee County Department of Planning. Phone: (585) 815-7901; Fax: (585) 345-3062; Email: planning@co.genesee.ny.us. Visit on the web here. 

Dessert in the Stacks is back! It will be held a Woodward Memorial Library in Le Roy from 7 to 8:30 p.m. on Friday, Feb. 8. Sample delicious desserts and visit with friends.

Local restaurants, bakeries, caterers, and stores donate the desserts and you get to sample as many of them as you would like!

Desserts so far include: assorted chocolates from Oliver's Candies; apple and cherry pies from Gre'gry's Bakery; vanilla raspberry and lemon torte cakes from Elegant Cakes; chocolate lush pie and peanut butter pie from Red Osier Original Landmark Restaurant; and savory pizza from Pastore's.

There will also be delectable treats from D & R Depot, Farmer's Creekside Tavern & Inn, GAMS Simply Sweet and Savory Bakery, The Divine Tree, and Tops Friendly Market.

New this year are samples of coffee, hot chocolate, and Munchkins from Dunkin' Donuts.

We are still adding to the list of desserts as area caterers, restaurants, and bakeries donate to this event.

Tickets for this adults-only event are $8 each or 2/$15 and must be purchased in advance.

Get your tickets now! This is an event you don't want to miss.

Woodward Memorial Library is located at 7 Wolcott St. in the Village of Le Roy

Phone is 768-8300.

A multiple-vehicle accident is reported on the Thruway in Le Roy.

Le Roy Fire responding. Mutual aid requested from Town of Batavia.

A Le Roy chief asks a driver to bring a van in case shelter is needed for multiple people.

Two additional ambulances requested to the scene in case of multiple injuries.

UPDATE 2:17 p.m.: Caledonia requested to the scene.

UPDATE 2:22 p.m.: At least 15 vehicles involved, including tractor trailers. There are multiple injuries, including a truck driver with a head injury.

UPDATE 2:26 p.m.: At least six ambulances are required to the scene. Bergen requested to the scene.

UPDATE 2:29 p.m.: Eastbound traffic is being diverted off the Thruway at Batavia. Expect an influx of traffic into Batavia.

UPDATE 2:31 p.m.: A chief on scene wants to know ETA for an advanced life support ambulance. It is two or three minutes. The chief has given the ambulance driver instructions on how to get to the victims, who are at the front of the accident. "Don't worry. We'll make it happen," the driver tells the chief.

UPDATE  2:41 p.m.: Thruway being closed at Le Roy.

UPDATE 2:46 p.m.: A Caledonia crew requested to Le Roy fire hall to fill in.

UPDATE 3:03 p.m.: People involved in the accident who were not injured are being taken to the service center, where they can be kept warm and rest. Troopers will complete interviews with them there.

UPDATE 3:12 p.m.: Monroe County ambulances are being released from the scene.

UPDATE 3:25 p.m.: Multiple tractor-trailers can't up it up the hill on Route 20 east of Molasses Hill Road.

UPDATE 3:27 p.m.: The officer on scene wants to know if the hill can be salted. A snow plow is in route. "I've got trucks backed up as far as the eye can see down 20," the officer says.

UPDATE 3:50 p.m.: State Police, Troop T, are reporting 21 vehicles involved.

UPDATE 3:55 p.m.: A chief reports, "everyone is on the bus and the bus is on its way to the Ontario Service Center."

UPDATE 3:58 p.m.: All emergency units back in service. The Thruway is still being cleared of vehicles involved in the accident.

An accident with injuries involving multiple vehicles is reported in Le Roy at 6874 W. Main Road (Route 5), just east of Bater Road. Le Roy fire and ambulance are responding.

Video: Le Roy Fire members discuss why they enjoy being volunteer firefighters.

Brandon Connolly was named Fireman of the Year by the Le Roy Volunteer Fire Department at the department's annual installation and awards banquet, held this year at Terry Hills.

Firematic officers for 2019 are: Tom Wood, chief (far right in top photo); Craig Johnson, 1st assistant chief (second from right); Josh Pfendler, captain and training officer; A.J. DeFelice, lieutenant; Jared Chick, lieutenant; Joe Orlando, safety officer.

The fire department created a new safety award this year, named in honor of longtime safety officer Joe Orlando. The first recipient is Christopher DeFelice. Photo: Craig Johnson, DeFelice, Orland, and Tom Wood.

Tim Hogle served as chief for three years. This year, Tom Wood returns to the chief's role and Hogle received a thank-you plaque.

To find out how you can become a member of your local volunteer fire department, visit ReadyGenesee.com.

Good fences make good neighbors the poet Robert Frost observed, but that may not apply to driveways, at least not in Le Roy.

A driveway is the latest flashpoint in a nearly decade-long neighborhood dispute that pits local businessman Pete McQuillen against Steve Barbeau and other residents of the subdivision known as Presidential Acres.

In the latest chapter, McQuillen was brought up on criminal charges for use of a driveway that traverses a parcel he owns next to the residence of Barbeau. It allows him to access both a utility building he constructed behind Barbeau's lot and the single-family home he and his wife, Judith, now live in further back on their parcel.

A judge in Darien Town Court dismissed the criminal complaint, which prompted Barbeau and several other residents to file an Artice 78 petition seeking, among other things, to overturn the dismissal.

An Article 78 filing, or proceeding, is an appeal of an agency decision. It is how a citizen in New York can appeal to judge in a county supreme court the ruling or decision of any government agency in the state.

Barbeau's side lost in a harshly worded decision written by Justice Emilio Colaiacovo of the NYS Supreme Court 8th Judicial District.

"As this Court has some familiarity with these parties and prior proceedings, it is deeply troubled by the continued methods employed by the Petitioners," Colaiacovo wrote. "While it is one thing to complain about your neighbor, it is another to install video equipment and keep a log documenting your neighbor's activities in an attempt to subject and expose him to criminal prosecution. The Petitioners' demonstrated pattern of prosecution against their neighbor is nothing short of harassment."

Despite the ruling, the legal proceedings are likely to continue, Barbeau indicted in an email to The Batavian.

History of Disputes
McQuillen purchased property in the Fillmore/Robbins Road area, adjoining Presidential Acres, in September 2010.

Shortly after acquiring the property, McQuillen announced his intention to build 26 single-family homes for people 55 and over on the subdivision, which McQuillen dubbed "Robbins Nest." This met with opposition and eventually resulted in a lawsuit with Barbeau, supervisor in the Town of Le Roy, as one of the plaintiffs.

The legal challenges eventually brought an end to McQuillen's plans for Robbins Nest, but by that time he was being sued over duplexes he built in the subdivision as well as a challenge to the utility barn he built behind Barbeau's home.

McQuillen eventually prevailed in the challenge to the duplexes and in that ruling, issued in February 2017, Colaiacovo determined the challenge to the utility structure was moot because McQuillen had built a single-family residence on the property (a utility structure, or garage, or barn, is not permitted as a stand-alone structure on a lot in a single-family area, according to Village of Le Roy code).

Village code enforcement had, perhaps incorrectly, issued a building permit to McQuillen for the utility building before plans were submitted for the single-family residence.

While McQuillen was erecting that barn-like structure in August 2013, Barbeau became upset with McQuillen when a tree fell on his house (there was little or no damage). An argument ensued and an accusation that Barbeau shoved McQuillen, causing him to fall ot the ground, leading to Barbeau's arrest (Barbeau eventually received a conditional discharge).

It was during this time that Barbeau and his then-neighbor David Boyce (who has since moved) had their own complaints against McQuillen. McQuillen was accused of parking construction equipment in front of their homes; storing waste construction material on the property across the street; and of once dumping a pile of manure against the back property line Boyce's home just in time for a graduation party for Boyce's daughter (an allegation recounted in a recent email to The Batavian from Amy Kendall, attorney for the Presidential Acres residents).

In July 2013, the Village granted a building permit for McQuillen to construct a single-family home with an address of 9313 Robbins Road.

Boyce and neighbors, in a lawsuit titled Bartz vs. Le Roy, challenged the ZBA's decision on the building permit.

As part of its decision, the ZBA ruled (and this point is part of the ongoing dispute) that ingress and egress for 9312 Robbins Road would be from a driveway leading to Robbins Road.

The neighbors ended up withdrawing the suit, letting the ZBA decision stand, in order to challenge McQuillen's use of the driveway leading to Fillmore Street.

Barbeau began keeping a log of traffic on that driveway, and at the suggestion of a code enforcement officer, set up a video camera to monitor vehicle traffic on the driveway.

That evidence was eventually used to file a criminal complaint against McQuillen. The case was moved to Darien because both justices in Le Roy had a conflict of interest as did Judge Gary Graber in Darien, which is how the case was handed to Darien Town Justice Michelle Krzemien.

The Easement
Pete and Judith McQuillen own the parcel at 9313 Robbins Road.

Judith McQuillen is CEO of Circular Hill Inc., according to a court filing by attorney Kendall, and that corporation owns the parcel adjoining Fillmore Street.

In September 2013, Circular Hill granted an easement to the McQuillens for use of a driveway and utility connections attached to the Robbins Road residence.

In July 2014, the Zoning Board of Appeals affirmed its prior decision to issue a building permit, after hearing an appeal from the neighbors, and stated in its decision, "The board notes the owners' right of entry to the primary and accessory structure will be accessed through Robbins Road."

It's the position of Barbeau and his co-plaintiffs that the decision limits the McQuillens to using only the drive leading to Robbins Road.

One point of contention in the case is that McQuillen did not mention, nor did the ZBA ask about, nor did anybody apparently research, the easement on the property next to Barbeau's.

McQuillen did not appeal this decision and later claimed he did not know about the ZBA's written decision requiring access on Robbins Road.

The McQuillens received a certificate of occupancy for their new home in June 2016.

Later that month, Pete McQuillen testified in the Bartz case that he used the Robbins Road driveway for ingress and egress to his house.

In July 2016, Code Enforcement Officer Jeff Steinbrenner sent a letter to McQuillen notifying him that he was violating Village code and the ZBA decision by using the Fillmore Street driveway.

From August 2016 through January 2017, Barbeau made a log of vehicles using the Fillmore Street driveway, which included a black Dodge Ram, a white GMC SUV, a gray pickup, a FedEx truck, tractors, a four-wheeler, and several other vehicles.

The following February, the Village filed a criminal complaint against McQuillen.

The case was transferred to Darien Town Court in May and McQuillen's attorney Benjaman Bonarigo filed a motion to dismiss the criminal complaint "in the interest of justice" in the fall.

A hearing on the motion was held Dec. 3, 2017.

The Dismissal Hearing
In New York, a criminal case can be dismissed "in the interest of justice" if a judge finds compelling factors about the circumstances of the case that clearly demonstrate that prosecution, or conviction, would result in an injustice, such as insufficiency of evidence or the defendant was really doing nothing wrong.

At the dismissal hearing in People v. McQuillen, Bonarigo represented McQuillen and James Wujcik represented the Village of Le Roy.

Kendall and Barbeau were also present and both attempted to speak and Krzemien denied their requests, an effort characterized by Colaiacovo in his ruling as an attempt to influence the proceedings.

In her subsequent filings, Kendall would have a few complaints about this hearing:

• That neither Bonarigo nor Wujcik corrected Krzemien on relevant points of law;
• That Wujcik did not correct what Kendall sees as inaccurate factual statements during the hearing and that he did not sufficiently challenge Bonarigo on points of law;
• That neither attorney corrected Krzemien on misstatements about the county issuing the easement;
• That Bonarigo failed to produce citations to back his assertion that the easement barred his client from being charged criminally;
• That she wasn't allowed to speak in violation of court rules.

At the hearing, Bonarigo spoke first, according to a court transcript, and presented the facts of the case as he saw it, from McQuillen's purchase of the property in 2010 through McQuillen's eventual criminal charge. He covered the easement and the ZBA hearings.

In the midst of his presentation, Krzemien interrupted and explained why she had not read filings from Kendall relevant to the Bartz case.

"I did not look at the paperwork because I don't know too much about zoning and you (Bonarigo) told me the appellate -- the appellate decision had nothing do with what was laid out here," she said.

A short time later, Bonarigo sums up, "Let me just say ... there's an easement. It's a matter of record. It allows for exactly what Mr. McQuillen is accused of doing here in a quasi-criminal matter. Therefore, it's our contention that based upon those facts and what's before this court, documentarily, that you should dismiss this case in the interest of justice."

In response, Wujcik argues that the ZBA had already ruled that McQuillen could only access his property from Robbins Road.

"Mr. McQuillen never disclosed that he had an easement," Wucik said. "So since he didn't disclose it, then the business about that he wasn't aware of the ZBA's decision -- our position is that's misplaced because he was the defendant in a litigation, so he certainly was aware of the two -- there's also a different ZBA decision against him -- but he was aware of that."

After more discussion, Krzemien asked who issued an easement, the village or the county.

Wujcik explained that private citizens grant easements, with a short explanation of how the process works, and that once two private parties agree on an easement, it is filed with the relevant government agency.

After the explanation, Krzemien asked, "So I guess what I'm asking is, ... in the VIllage of Le Roy, is there a process that you would go through to get an easement or all easements issued through the county?"

Bonarigo: "No, there is no such procedure."

Krzemien: "No such procedure."

There is then a long discussion related to issues contained in the Bartz case.

Returning to the requirement to use Robbins Road, Bonarigo said, "The ZBA can't create that by law over the top ... they can't take away a legal right that has been formulated for years prior to it by just a stroke of the pen. They don't have that kind of authority. As a matter of law, the easement was in existence."

Wujcik said the ZBA has the authority to nullify an easement, and as to the assertion that the ZBA didn't ask about the easement, "the Zoning Board of Appeals doesn't know what it doesn't know. If they are not made aware of an easement, they can't make an interpretation or a ruling on it."

Bonarigo: "They were made aware of it, Judge. That's my point."

He would later point out that the easement is on file with the clerk's office and is a public document and easily discoverable. In reviewing court documents obtained by The Batavian we didn't find any indication the ZBA was made aware of the easement prior its decision, nor is there any indication any ZBA member or staff member tried to research the title of the property.

After more discussion, Krzemien makes reference to the county granting the easement and discusses the life of the easement, which goes with the land.

Wujcik did not correct her misstatement about the easement being granted by the county but did agree it goes with the land.

Later, Wujcik points out that the McQuillens filed the easement two weeks after the first ZBA discussion of the property but before any ZBA decision.

At this point, Kendall tries to speak and Bonarigo objects.

"This is not a civil matter despite what Ms. Kendall might think," Bonarigo tells the judge.

Krzemien: "Ms. Kendall, I'm sorry. I'm not going to hear what you have to say, so will you have to sit down, please."

A few pages later in the transcript, Krzemien again refers to the county issuing the easement and neither attorney corrects her misstatement.

At one point, Krzemien complains about Kendall, "I'm not. I'm not. I know you're just -- got information from him. And that little bird back there is chirping at you."

Wujcik: "Yeah, I don't need her -- no disrespect to her, I don't need the chirping."

When it comes time to discuss when Krzemien might issue a decision, Krzemien asks that McQuillen, in the meantime, stop driving bulldozers down the driveway, along with snowmobiles and four-wheelers; asking that they only use the driveway for their own personal vehicles, except for snow removal. McQuillen agrees.

On April 16, Krzemien granted McQuillen's motion, dismissing the criminal complaint in the interest of justice, noting the existence of a valid easement.

The Village of Le Roy did not appeal Krzemien's decision, and Wujcik later informed Colaiacovo that the Village would not be joining the challenge by neighbors to the ruling.

The Batavian emailed Wujcik last week and asked why the Village did not appeal the ruling, as well as why Wujcik did not mount a more explicit challenge to Bonarigo's assertion that the easement took precedence over Village code or the ZBA decision. After acknowledging our questions and saying he would respond, he did not provide a statement.

The Batavian also contacted Bonarigo and asked him to provide case law citations or specific code sections that would indicate an easement takes precedence over local codes or a ZBA decision.

Bonarigo responded:

A decision was rendered by Justice Emilio Colaiacovo, Supreme Court, supporting my client's position on the Art. 78. I trust you have read that and would hope that you are going to report that result as I don't care to relitigate the Town of Darien case with you.

Bonarigo has declined to comment on follow-up questions.

Article 78 Petition and Ruling
Kendall filed an Article 78 petition May 16. The petition was on behalf of Barbeau, Earl Bickett, Robert Boyce, Joseph McKay, Stephen Moulton, and Ronald Paganin, all property owners in Presidential Acres.

In her motion, Kendall said the petitioners had no other means of seeking remedy than through an Article 78 petition.

The petition asks the court to annul Krzemien's "arbitrary, capricious, and illegal decision." Kendall claimed the ruling was based on insufficient information and misunderstanding of relevant law. Kendall asked the court to rule the use of the driveway off of Fillmore Street illegal and order that it no longer be used.

She asked that the court rule that the McQuillens' use of the driveway constituted a nuisance.

As part of the motion to overrule Krzemien's decision and bar use of the driveway, Kendall complains that the Village of Le Roy failed to challenge the judge's inaccurate statements and that her clients have experienced special damages.

She also asks for attorneys fees, court costs and punitive damages.

By the third page of his 17-page opinion rendering his decision, Colaiacovo is sniping at the petitioners.

"The petitioners live near McQuillen and have exhaustively and painstakingly monitored this otherwise innocuous activity and complaint to the Village of Le Roy," Colaiacovo writes.

The justice ruled that since the criminal proceeding involved only the Village of Le Roy, which declined to participate in the petition, and McQuillen, the petitioners lacked standing to file the motion.

The petitioners failed to demonstrate any injury or harm they sustained because McQuillen used the driveway, Colaiacovo said, adding, "It certainly is not a nuisance as Petitioners maintain, however, there is mounting evidence to suggest that these continued lawsuits are."

He dismissed the complaint against Krzemien, saying that even if the petitioners had standing, Krzemien has judicial immunity.

"Petitioners insist that they have a viable cause of action against the Town Justice because she lacked subject matter jurisdiction over a ZBA decision. Petitioners strangely maintain that by granting the motion to dismiss, the judge erroneously invalidated a ZBA decision by passing judgment on the validity of an easement. However, the Town Justice insists that these charges were dismissed 'in the interest of justice.' This court agrees that the Petitioners' argument improperly mischaracterizes the decision of the Town Justice."

While a town justice doesn't have subject matter jurisdiction, Colaiacovo said, they can dismiss such matters "in the interest of justice."

"Judge Krzemien's determination was just that, a determination and exercise of her judgment, and not a ministerial or clerical act that could be reviewed under Article 78."

He added later in the same section, "to otherwise entertain the relief requested would create a terrible precedent, allowing officious, meddlesome individuals, like those here, an opportunity to intervene and challenge any judge's decision that offends their belief of what the law should be. Sanctioning the relief requested by the Petitioners would only empower like-minded obstreperous people who are engaged, as is the case here, in a simple yet ongoing neighborhood dispute."

While the neighbors sought attorneys fees, court costs, and punitive damages, Colaiacovo notes the arguments of Bonarigo claim that the Article 78 petition was "frivolous" and that challenging the town justice's decision was "beyond zealous representation and of a client and constituted an abuse of process."

Colaiacovo also faulted Kendall and Barbeau for what he said was attempted interference in the McQuillen case at the Dec. 3 hearing and then commencing the Article 78 petition without standing.

"This tactic, which is completely lacking in merit and cannot be supported by a reasonable argument, cannot now be simply overlooked," Colaiacovo wrote. "When viewed in its entirety, the conduct of Petitioners clearly evidences a systematic and torrid legal assault of anyone who stands in the way of what they ultimately seek, including a local Town Justice. This court finds that this reckless and egregious conduct justifies the imposition of costs and fees."

Colaiacovo ordered a hearing on costs and fees for 9:30 a.m., Feb. 14.

Kendall said her clients remain unsatisfied with the response of the Village to the situation, unhappy with Krzemien's ruling, and with Colaiacovo's opinion upholding that decision.

"My clients simply want the McQuillens to comply with the law of the Village," Kendall wrote in an email to The Batavian. "I do not know why that is so difficult. The McQuillens have at least one other driveway onto their property, so the reason they continue to violate the ZBA Decision seems clear. The Village did not support its Code Enforcement Officer’s determination that McQuillen was violating the ZBA Decision by appealing the Justice Court’s obviously incorrect decision. At this point, it appears that having an easement allows you to violate Village law and that is a very dangerous precedent."

She added, "My clients do not want to live with this ongoing harassment and feel that they should be protected from it by the Village. The Village isn’t protecting them."

Given a chance to respond to Kendall's remarks, McQuillen replied, "My response would be to only quote the Supreme Court Judge Hon. Emilio Colaiacovo in his decision – 'The Petitioners’ demonstrated pattern of prosecution against their neighbor is nothing short of harassment.' "

This is probably not the end of the story.

Previously:

• Town of Le Roy named as defendent in lawsuit by new town supervisor, Jan. 10, 2012
• Planned senior housing project in Le Roy starting over on approval process, May 10, 2012
• Plan for Robbins Nest in Village of Le Roy continues to divide community, Aug. 28, 2012
• Hearing tonight in Le Roy Village Hall to change voting requirement for PUD zoning, Sept. 26, 2012
• Robbins Nest a tangled mess as final approval hangs in the balance, Sept. 27, 2012
• Town of Le Roy supervisor arrested following alleged incident with neighbor, Aug. 12, 2013
• Barbeau and McQuillen feud building for months, Aug. 15, 2013
• Le Roy town supervisor given chance to avoid further prosecution on criminal charges, Sep. 10, 2013
• Residents of Presidential Acres in Le Roy pursuing new suit to stop duplex development, Aug. 11, 2014
• Le Roy mayor takes responsibility for paving of apparently privately owned road, Oct. 16, 2014
• Village of Le Roy will plow privately owned street that is subject of litigation, Dec. 21, 2014
• Plan for 55+ housing in Le Roy may be put back on the table, April 25, 2016
• Judge rules in favor of developer building duplexes in the Village of Le Roy, Feb. 9, 2017
• Appeals court rules a variance required for duplexes in Le Roy's Presidential Acres, March 27, 2018

Photos: Top and bottom photo made Jan. 17. The top photo is the driveway from Fillmore Street. The bottom photo is the driveway from Robbins Road. Both drives showed evidence of regular use at the time the photos were taken. "Skippy's Way" refers to a friend of Pete McQuillen's, he said.

Map of the area we created in 2013 to provide an overview of who owned what property. Fillmore Street now connects with Robbins Road. David Boyce is no longer a resident of Presidential Acres.

A motor-vehicle accident with injuries is reported at Route 19 and Griswold Road, Le Roy.

Le Roy fire and Le Roy ambulance dispatched. 

UPDATE 8:10 a.m.: One vehicle off the road. One blocking. 

UPDATE 8:29 a.m.: One engine can go back in service. One to remain on scene. 

UPDATE 8:54 a.m.: Road is reopened. Le Roy back in service.

Brady Christopher Lund (photo above), 21, of Lake View Park, Rochester, is charged with: criminal sex act in the first degree; first-degree sex abuse; and endangering the welfare of a child. Lund was arrested on Jan. 17 and arraigned in Batavia Town Court at 4:20 p.m. He is accused of having oral sexual contact with a male victim less than 11 years old. The alleged incident occurred at 2 p.m. on Dec. 1 on Pearl Street Road in Batavia. The case was investigated by Genesee County Sheriff's Investigator/Youth Officer Timothy Westcott, assisted by Investigator Howard Carlson.

Carla L. Catalano, 46, of 9 Mill St., Apt. 1, Le Roy, was arrested Jan. 14 and charged with criminal possession of stolen property in the fourth degree, a Class E felony, and fifth-degree conspiracy, a Class A misdemeanor. It is alleged that between September and this month that Catalano intentionally agreed with one or more persons to engage in or cause criminal possession of stolen property. Further it is alleged that Catalano knowingly possessed stolen property consisting of one pump shotgun (color black), belonging to the victim, and that she refused to return the gun to the victim when the victim asked/then demanded she do so. Catalano was arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Chazmar T. Walters, 26, of 12 Myrtle St., Le Roy, was arrested Jan. 15 and charged with these misdemeanors: aggravated unlicensed operation in the second degree -- driving while license suspended; and resisting arrest. It is alleged that Walters was seen by a Le Roy patrol driving on Myrtle Street in the Village while his license was suspended 20 times. Upon approach of the Le Roy patrol, it is alleged that Walters resisted arrest by refusing to exit the vehicle after being ordered multiple times to do so, then he had to be physically removed from the vehicle. It is further alleged that Walters continued to be obstructive during the officers' attempts to walk him into the court for arraignment and further charge(s) are pending. Walters was arraigned in Le Roy Town Court and put in Genesee County Jail in lieu of $5,000 cash or $10,000 bond.

A 17-year-old male who lives on Cherry Street in Batavia is charged with second-degree harassment. At 12:30 p.m. on Jan. 14, Batavia police investigated an incident at Batavia High School involving a student who allegedly had unwanted physical contact against a staff member. The youth was issued an appearance ticket for Batavia City Court and is due there Jan. 22. The case was handled by Batavia Police Officer Jason Davis, assisted by Sgt. Dan Coffey.

Shadow Star Jonathan, 24, of Meadville Road, Tonawanda Indian Reservation, is charged with second-degree assault. He was arrested at 6:45 p.m. on Jan. 10 for allegedly assaulting another person at 1:30 a.m. on Oct. 14 on Sandhill Road, Alabama. He was arraigned in Alabama Town Court and jailed in lieu of $10,000 bail. He is to return to Alabama Town Court on Feb. 7. The case was handled by Genesee County Sheriff's Deputy James Diehl, assisted by Deputy Richard Schildwaster.

James Arthur Daggar, 64, of Batavia Elba Townline Road, is charged with: DWI; aggravated unlicensed operation in the first degree; operating without a driver's license; refusal to take a breath test; and failure to yield the right of way at a stop sign. At 4:02 p.m. on Jan. 15, Daggar was arrested following a motor-vehicle accident investigation. The accident on Alleghany Road (Route 77) resulted in minor injuries and only Dagger was transported to UMMC, where he was treated. Traffic tickets were issued and the defendant is to appear in Alabama Town Court on Feb. 13. The case was handled by Genesee County Sheriff's Deputy James Stack.

Ronnie Joe Flinchum, 59, Mill Street, Le Roy, is charged with failure to appear. Flinchum was arrested at 11:39 a.m. on Jan. 14 on a bench warrant for failure to appear on a prior charge of third-degree assault. The defendant was arraigned in Batavia City Court and put in jail in lieu of $1,000 cash or bond. Flinchum is to reappear in city court on Jan. 17. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Marc Lawrence.

Mehmet Kahraman Dilek, 43, of Meadowbrook Drive, Rochester, was arrested on Jan. 15 on a warrant out of Batavia City Court for failure to appear. Dilek was arraigned at 7:30 p.m. at jailed with inspecified bail. The defendant is due back in city court this afternoon (Jan. 16). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Felicia DeGroot.

At last night’s Jan. 8th regular meeting, the Le Roy Central School District Board of Education acknowledge receipt of the formal resignation of Board Member Lawrence Bonacquisti.

In Mr. Bonacquisti’s letter he noted, “I feel that being away for months at a time plus plans for extended vacations is not in the best interests of the community and the students whom I represent. It has been a real pleasure sharing Board efforts with such a fine staff, administration, and fellow colleagues.”

Mr. Bonacquisti has spent 78 years of his life in public education as either a student, teacher, coach, adjunct professor, mentor, and/or board member. He retired in 1993 after a 36-year teaching career at York Central School District, only to then continue on at Genesee Community College as an adjunct professor teaching Psychology. In 1997, Mr. Bonacquisti also supervised student teachers as a senior clinical supervisor at SUNY Geneseo.

Mr. Bonacquisti was an Advisory Member of the Genesee Wyoming BOCES Board from 1978 – 2002, and served on the Le Roy Central School District Board of Education from 2003 – 2018. During his time as a Le Roy school board member, Mr. Bonacquisti was selected as the 2014 Al Hawk Award Recipient for his “outstanding contributions to public education and children in his own community.”

Le Roy School Superintendent Merritt Holly stated, “It has been an absolute honor working with Mr. Bonacquisti over the past three years. His knowledge, experience, and passion for students will be sorely missed. On behalf of the Board, we wish Mr. Bonacquisti the best in his extended upcoming travels!”

Lastly, the Board of Education has decided to wait for the board election process to take place in May in order to fill the remainder of Mr. Bonacquisti's two-year term.

Nicholas G. Williams, 42, of 3810 W. Main Street Road, Lot 7, Batavia is charged with: felony burglary, 2nd, misdemeanor attempted petit larceny; and felony criminal contempt, 1st. A reported disturbance on Nov. 26 on Lake Street in the Village of Le Roy led to an investigation of Williams. It is alleged that Williams knowingly entered and/or unlawfully remained inside a residence on Lake Street in Le Roy with the intent of committing the crime of petit larceny. Williams is accused of attempting to steal a laptop computer from inside the residence when he was interrupted and fled the scene. Williams was charged with felony criminal contempt in the first degree because it is alleged that a protected person, whom the court ordered him to have no contact with, lived at the residence. Williams was convicted of a prior criminal contempt within the preceding five years. Williams was located in the Genesee County Jail where he was confined due to an alleged parole violation. Williams was arrested on Dec. 12 for the Le Roy charges and arraigned in the Le Roy Town Court and jailed without bail due to multiple prior felony convictions.

Kevin Pietrzykowski, 63, of Stafford (inset photo, left), was arrested by troopers on Jan. 4 for directing a laser at an aircraft, 2^nd, which is a misdemeanor. On Jan. 3, troopers responded to the Town of Bergen for a call received from Rochester Airport Air Traffic Control Office on behalf of the National Guard Air Wing for a military helicopter being directed by a laser during night training. According to a spokesman for Troop A in Batavia, the second time the laser was directed at the aircraft, the helicopter pilot put a spotlight on the area it originated from, which helped troopers patrolling the area to find the suspect. Multiple interviews resulted in the arrest of Pietrzykowski on Clinton Street Road, Stafford. Pietrykowski was issued an appearance ticket for the Town of Stafford Court in February.

Kevin James Compton, 57, of Clipnock Road, Bethany, is charged with: criminal possession of a weapon in the third degree; two counts of first-degree reckless endangerment; two counts of unlawful imprisonment; and two counts of second-degree menacing. Compton was arrested following a domestic incident which occurred at 12:30 p.m. on Jan. 5 on Clipnock Road. It is alleged that Compton threatened two people with a pistol. He was arraigned in Bethany Town Court on Jan. 6 and jailed in lieu of $20,000 cash or $40,000 bond. He is due back in court on Jan. 15. The case was handled by Genesee County Sheriff's Deputy Howard Wilson, assisted by Deputy Jeremy McClellan.

Ernest Dee Lane, 60, of Ellicott Street, Batavia, is charged with third-degree assault. Lane was arrested on Jan. 3 for an incident which occurred at 2:20 a.m. on Jan. 1 on Ellicott Street. He allegedly injured another person during a physical altercation. He is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Christopher Lindsay.

Cody J. Wenner, 28, of Oak Street, Batavia, is charged with endangering the welfare of a child and second-degree harassment. Wenner was arrested Jan. 3 for an incident which occurred at 12:57 a.m. on Jan. 1 on Walnut Street. Wenner allegedly pushed a juvenile to the ground during an altercation. He was released on his own recognizance following arraignment in Batavia City Court. He was due back in City Court on Jan. 4. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Felicia DeGroot.

Le Roy PD has been dispatched to a location on Lake Street, Le Roy, to check on a recreational vehicle that the caller claims is a residence for people who "have been starting fires."

Community tips, following news reports of larcenies in the Robbins Road area of Le Roy, as well as a tip from two of the suspects themselves, helped Le Roy PD officers piece together a case against four Le Roy residents in a scheme to allegedly steal personal property and sell the items for drug money.

Taken into custody were Tyler M. Powers, Robert J. Pragle, Shane C. Anthony, and Michelle A. Condidorio.

A series of larcenies was first reported Wednesday, with more than $20,000 in private property reportedly stolen. Le Roy PD provided a surveillance photo of a suspect and information about the crimes to local media.

On Thursday afternoon, police officers received a complaint of suspicious activity in the area of Robbins Road. Individuals were reportedly seen disposing of items near the property of the caller. The two people then left in a vehicle. 

When police officers arrived, they identified many of the items as those reported as stolen.

A short time later, two subjects arrived at the Le Roy Police headquarters and offered to identify the suspect in the photo provided to news outlets.

Officers determined the person identified by the people at the police station matched the subject in the photo.

As it turned out, based on further investigation by the officers, the two people at the police station appeared to also be involved in the larcenies. Another person was also identified as a suspect in the thefts.

As a result of the investigations, officers obtained a search warrant at a residence shared by the suspects. 

At the residences, officers say they found additional items that had been reported stolen along with crack cocaine, drug paraphernalia and marijuana.

During the search, Anthony was also allegedly found in personal possession of drug paraphernalia and marijuana.

Charges:

Tyler M. Powers was charged with one count of grand larceny, 3rd, a Class D felony, and one count of criminal possession of stolen property, 3rd, a Class D felony. Powers was jailed on $25,000 bail.

Robert J. Pragle was charged with one count of criminal possession of stolen property, 3rd, a Class D felony, one count of criminal possession of a controlled substance 7th, a Class A misdemeanor, and one count of criminally using drug paraphernalia, 2nd, a Class A misdemeanor. Pragle was jailed on $10,000 bail.

Shane C. Anthony was charged with one count of criminal possession of stolen property, 3rd, a Class D felony, and one count of criminally using drug paraphernalia, 2nd. Powers was jailed on $15,000 bail.

Michelle A. Condidorio was charged with one count of criminal possession of stolen property, 3rd, a class D felony, one count of criminal possession of a controlled substance, 7th, and one count of criminally using drug paraphernalia, 2nd. Condidorio was jailed on $10,000 bail.

Robert W. Redinger, 29, of Dublin Road, Bergen, is charged with: DWI -- combined drugs or alcohol; unlawful fleeing a police officer in the third degree; reckless driving; failure to yield the right-of-way to an emergency vehicle; refusal to take a breath test; running a red light; moving from lane unsafely (four counts); speed in zone (four counts); unsafe start (two counts); failure to stop at stop sign (three counts); and unlawful possession of marijuana. Redinger was arrested at 2 a.m. on Dec. 29 on Harvester Avenue in Batavia after he allegedly refused to pull over for a traffic stop. He allegedly proceeded to lead police on a high-speed pursuit; his vehicle stopped as a result of him running out of gas. He was allegedly found to be intoxicated and then he was processed and arraigned in city court and put in jail. (Bail status is not mentioned.) The case was handled by Batavia Police Officer Darryle Streeter, assisted by Officer Mitchell Cowen.

Trace G. Brewer, 18, of Montclair Avenue, Batavia, is charged with third-degree burglary, petit larceny and third-degree criminal trespass. Brewer was arrested at 8 a.m. on Dec. 30 on Montclair Avenue after he allegedly entered a shed and stole property. He is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Ivison.

Shah L Zajic, 42, of Batavia, was arrested in the early morning of Dec. 27 by the Le Roy Police Department and charged with: felony driving while intoxicated; felony aggravated driving while intoxicated with a BAC .18 percent or more; unlawful possession of marijuana; speed in zone; and failure to signal. At about 2:25 a.m. Dec. 27^th, an officer assigned to DWI Crackdown Patrol observed a vehicle allegedly moving at a high rate of speed on Wolcott Street in the Village of Le Roy. A lawful traffic stop was initiated after the vehicle also failed to use a signal while making a turn. The operator was identified as Zajic. After a subsequent investigation it was allegedly found that Zajic was intoxicated. Zajic was taken into custody and processed without incident; arraigned in Town of Le Roy Court put in jail with bail set at $2,500 cash or $5,000 bond. Zajic is due back in court on Jan. 22 to answer the charges.

Derrick L. Washington, 46, Roosevelt Avenue, Batavia, is charged with: DWI -- BAC of .08 percent or more; DWI -- first offense; speeding; unlicensed operator; aggravated unlicensed operation. On Dec. 31 at 11:20 p.m. on Liberty Street in Batavia, Washington was arrested on these charges following a traffic stop. After his arraignment in city court, he was jailed in lieu of $1,000 cash or bond. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Ranelle E. Reuben, 36, of Judge Road, Basom, is charged with: driving with a BAC of .08 percent or more; DWI; aggravated unlicensed operation in the first degree; following too closely; and leaving the scene of a property damage accident. Reuben was arrested at 5:38 p.m. on Dec. 18 on West Main Street in Batavia. The defendant allegedly left the scene of a property damage accident after striking another vehicle and the defendant was allegedly intoxicated and operating the vehicle without a driver's license. Reuben was arraigned in city court and jailed without bail. Reuben was due in city court on Dec. 19. The case was handled Batavia Police Officer Jamie Givens.

Billie L. Harper, 41, of Hutchins Place, Batavia, is charged with: criminal possession of a controlled substance in the seventh degree; unlawful possession of marijuana; driving while ability impaired by drugs; having a cracked front windshield. Harper was arrested at 9:07 a.m. on Dec. 23 on State Street in Batavia after a citizen's complaint of a subject slouched over the steering wheel of a vehicle. Batavia police responded and located Harper asleep in her vehicle at the intersection of Washington Avenue and State Street. After further investigation police allegedly found Harper to be impaired. The defendant is due in city court on Jan. 15. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Stephen Quider.

Matthew T. Ryan, 42, of Henskee Road, Alden, is charged with DWI -- common law and aggravated DWI -- with a BAC of .18 percent or more. Ryan was arrested at 6:44 p.m. on Dec. 21 on Walnut Street in Batavia following the investigation into a vehicle complaint. He was due in city court on Jan. 2. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Chad Richards.

George Michael Hodges, 28, of Oak Street, Batavia, is charged with obstructing governmental administration in the second degree and harassment in the second degree. Hodges was arrested at 1:50 p.m. on Dec. 30 on Oak Street. It is alleged that he physically interfered with police while they were investigating a disturbance call on Oak Street. He was arraigned in city court and put in jail in lieu of $1,000 cash or bond. He was due in court on Dec. 31 to answer the charges. The case was handled by Batavia Police Officer Christopher Lindsay.

Ernest D. Lane, 60, of Ellicott Street, Batavia, is charged with criminal mischief. Lane was arrested at 6:40 a.m. on Jan. 1 for allegedly intentionally breaking property that belonged to a female acquaintance. He was arraigned in Batavia City Court and jailed in lieu of $2,500 cash bail. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Nicole McGinnis.

Adam James Gill, 30, of North Bergen Road, Bergen, is charged with second-degree criminal contempt. He was arrested at 11 a.m. on Jan. 3 on Church Street in Elba following a visit from probation in the Town of Elba. He was arrested for allegedly being inside the residence and in the presence of a protected party. He was arraigned in Oakfield Town Court and put in jail with bail set at $500 cash or $1,000 bond. He is due in court again on Jan. 9. The case was handled by Genesee County Sheriff's Deputy Robert Henning.

Tiesha Deon Doward, 32, of Bank Street, Batavia, is charged with petit larceny. Doward was arrested at 12:38 p.m. on Dec. 31 following a shoplifting complaint at Tops Friendly Market in Batavia. Doward is accused of leaving the store with $99.69 worth of merchandise without paying for it. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Matthew Lutey.

Joshua J. Dibble, no permanent address, Batavia, is charged with petit larceny. Dibble was arrested on Jan. 1 on an active arrest warrant out of Batavia City Court charging him with petit larceny. It is alleged that Oct. 4 on West Main Street in Batavia that Dibble took a 12-pack of beer from a store without paying for it. Following his arrest on the warrant, he was arraigned and jailed in lieu of $1,000 cash or bond. He was due in court again on Jan. 3. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Camp.

Le Roy police are requesting the public’s assistance in identifying a man who was captured on camera entering multiple vehicles and stealing thousands of dollars’ worth of property.   

The man entered multiple unlocked vehicles on Robbins Road in the Village of Le Roy at about 2:30 a.m. on Wednesday, Jan. 2^nd.

Anyone with any information is asked to contact the Le Roy Police Department at 585-345-6350.

Le Roy kept things close against Attica in the first round of the larger school bracket of the Lions Club Tournament at Genesee Community College on Thursday but fell short, taking a 50-45 loss.

The Knights' Reece Tresco led all scorers with 15 points while Attica's Dawson Nelson scored 14 points. Tresco had seven rebounds and Nelson had nine.

For Le Roy, Ethan Smith scored 12 points and for Attica, Frankie Bisceglie, Devon Henderson, and Ayden Goll had eight each and Tyler Meyer scored seven points.

It will be Blue Devils vs. Blue Devils as Attica and Batavia battle it out for the larger school bracket championship at 8:30 tonight at the GCC Anthony Zambito Gym.

The Lions Club is offering several souvenirs for fans and players at the game for the first time. Below, LeeAnn Mullen and Hal Mitchell share what is being offered at the concession stand.

To purchase prints, click here.

Justin Daniel Petrovic, 38, of Oak Ridge Drive, Victor, is charged with aggravated DWI, per se, with a BAC of .18 percent or more and no prior convictions; DWI -- first offense; and having an unsafe tire. At 8:14 p.m. on Dec. 16 on Main Road in Stafford, Petrovic was arrested after deputies checked on his vehicle, which was roadside. It is alleged that the defendant drove his vehicle on Route 5 when it became inoperable due to a flat tire. He was released on an appearance ticket and is due in Town of Stafford Court on Jan. 17. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Joshua Brabon.

Adam Richard Stone, 47, of Read Road, Pembroke, is charged with: driving while intoxicated; operating a motor vehicle while having a BAC of .08 percent or more; moving from lane unsafely; and operating a motor vehicle without an inspection certificate. At 6:54 p.m. on Dec. 16, deputies responded to Slusser Road in the Town of Pembroke for a one-vehicle accident. Following an investigation, Stone was arrested. He was issued appearance tickets and is due in Pembroke Town Court on Jan. 22. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Kyle Krzemien.

Kayne W. Probst, 24, of Lynn, Mass., is charged with one count of petit larceny, a Class A misdemeanor. Probst was arrested by the Le Roy Police Department on Dec. 13 after they received a complaint of a larcent that had just occurred at a local store. It is alleged that the defendant took merchandise from the store without paying for it. Probst was taken into custody without incident and was arraigned in the Le Roy Town Court. Probst was jailed in lieu of $500 bail and is due in Le Roy Town Court today (Dec. 20).

James O. Boughton, 18, of Chili Riga Center Road, Churchville, was arrested on Dec. 10 by the Le Roy Police Department and charged with unlawful possession of marijuana and disobeying a traffic control device, both violation-level offenses. While on patrol, Le Roy police allegedly observed the vehicle operated by Boughton pass through a red signal. Patrols executed a lawful traffic stop on Boughton’s vehicle, identified Boughton as the operator, and after a brief investigation allegedly found Boughton to be in possession of marijuana. Boughton was issued tickets and is to appear in the Le Roy Town Court on Jan. 17 to answer to the charges.

A retired Army general who was born in Batavia, attended Notre Dame High School, and was nominated by the late Rep. Barber Conable to attend West Point, has been accused by his grown daughter of sexual abuse that started when she was a toddler and continued into her high school years.

The Army attempted to court-martial Maj. Gen. James J. Grazioplene, 69, who retired in 2005, last year. But a judge ruled the statute of limitations had run out under the Uniform Code of Military Justice, even though there was otherwise enough evidence to prosecute Grazioplene.

While Grazioplene avoided a court-martial, civilian authorities took up the investigation and Grazioplene was arrested Dec. 7 following an indictment by a grand jury in Prince William County, Va., on multiple counts of rape and incest.

Jennifer M. Elmore, 47, a Virginia resident, told the Washington Post, which broke the story, her earliest memory of sexual abuse was when she was 3 years old and at her grandmother's house in Le Roy.

The military's investigation focused on events from 1983 to 1989. Virginia authorities concentrated on events in 1988 and 1989, when the family lived in Woodbridge, Va., where Elmore attended high school in her junior year.

According to the Post, Grazioplene has denied the charges, telling a reporter in September, “The charges are false and incorrect." Grazioplene and his attorney have declined to comment on the case otherwise.

Like many news organizations, the Post does not typically reveal the names of victims in sexual crimes but Elmore told the Post she wanted to go public.

According to the Post, reporters interviewed Elmore, other family members, including Grazioplene 's sister, coworkers, and reviewed letters, all of which corroborated some of Elmore's version of events.

Elmore said she's been estranged from her parents for years and her parents have tried to bridge the gap. She decided to tell the military about the alleged abuse in 2015 after a phone call where her parents apparently again tried to talk her into being part of the family again and her father said, according to Elmore, that “the only thing worse that I could have done to you is murder you.”

Grazioplene was nominated to West Point by Conable in 1967. He received a Bachelor of Science degree from the academy in 1971. His LinkedIn profile says he is currently CEO at Mission Readiness LLC. He's also worked for Total Life Cycle Support and DynCorp. International.