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The City of Batavia Fire Department responded to a reported structure fire at 33 Clifton Ave., Batavia, a little after 3 a.m., Thursday. 

Residents evacuated the single-family home prior to the fire department's arrival. Smoke was reported inside the residence.

City fire requested a second alarm and declared a working structure fire.

Crews from Alexander's Fast Team and Elba fire responded while the Town of Batavia was on standby in their hall.

According to Chief Napolitano with the City of Batavia Fire Department, a working fire was discovered in the basement.

"There was a mother and daughter along with a granddaughter in the house," Napolitano said.

"They received assistance from the Salvation Army, and the home is deemed uninhabitable at this time because of the damage in the basement to the furnace and the hot water tank and associated plumbing and electrical with those units."

One resident walked down the driveway holding a dog. According to City fire, several cats were still inside.

The fire was under control in about 30 minutes.

Chief Napolitano says the fire is currently under investigation and the cause has yet to be determined.

A proposal to reduce funding from the state for towns and villages, known as AIM (Aid and Incentives for Municipalities) could wind up as just another cost burden for Genesee County, County Manager Jay Gsell told the Ways and Means Committee at its meeting Wednesday.

If the funding cut goes through, the County could make up the $230,000 in difference for towns and villages from its own revenue.

Gsell said the governor’s office is being somewhat disingenuous about how cuts are being presented to municipalities.

What the state says it will do and what it actually does will be two different things, Gsell suggested.

The governor’s office is proposing a new sales tax on products sold digitally, an e-commerce tax, and that new revenue stream -- the theory goes -- will allow counties to share a portion of sales tax with municipalities.

Genesee County is one of the few counties in the state that currently shares sales tax but the proposal by the governor would mandate an obligation, perhaps above current revenue sharing, and force the rest of the counties to start sharing sales tax.

But there’s no guarantee New York will be successful in instituting an e-commerce tax – something state officials have sought for years, and it would certainly be difficult, Gsell said, to institute before the state’s new fiscal year starts April 1.

That could leave the counties, including Genesee County, with another unfunded mandate.

Under the governor's budget proposal, only municipalities that use a lower percentage of AIM for their annual budget would have funding cut. If that holds, neither the Village of Le Roy nor the City of Batavia, which receives more than $1 million in AIM funding, would have that funding cut.

The Legislature will be asked to vote on a resolution opposing the proposed cut to AIM.

Darnel J. Tillmon is indicted for the crime of assault on a police officer, a Class C violent felony. It is alleged that on Aug. 2 in the Town of Le Roy that Tillmon acted with intent to prevent a police officer -- a New York State trooper -- from performing a lawful duty and his actions caused serious physical injury to the officer. In count two, Tillmon is accused of second-degree assault, a Class D violent felony, by acting intentionally to prevent the officer from performing a lawful duty and his actions caused physical injury to the officer. In count three, Tillmon is again accused of second-degree assault for allegedly recklessly causing serious physical injury to the trooper by means of a deadly weapon or instrument, in this case a motorcycle. In count four, the defendant is accused of third-degree assault, a Class A misdemeanor, for allegedly recklessly causing physical injury to another person -- the trooper. In count five, the defendant is again accused of third-degree assault for acting with criminal negligence, causing physical injury to the trooper by means of a deadly weapon or dangerous instrument -- the motorcycle. In count six, Tillmon is accused of reckless endangerment in the second degree, a Class A misdemeanor, for allegedly recklessly engaging in conduct which created a substantial risk of serious physical injury to another person. In count seven, Tillmon is accused of the crime of unlawfully fleeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count seven that Tillmon knew he had been directed to stop his motor vehicle by a uniformed police officer or a marked police vehicle by the activation of either lights or lights and sirens, and he attempted to flee by engaging in reckless driving. In count eight, Tillmon is accused of resisting arrest, a Class A misdemeanor, for allegedly intentionally preventing or attempting to prevent an officer from arresting himself or another person. In count nine, Tillmon is accused of the crime of third-degree escape, a Class A misdemeanor, for escaping from custody. In count 10, Tillmon is accused of failing to comply with the lawful order of a police officer or flagperson. It is alleged in count 10 that the defendant drove a 2006 Kawasaki and failed or refused to comply with the lawful order or direction of a police officer or flagperson duly empowered to regulate traffic. In count 11, Tillmon is accused of the offense of improper passing for operating the Kawasaki and overtaking or passing another vehicle on the right shoulder of the NYS Thruway. In count 12, Tillmon is accused of moving from lane unsafely, a violation of Vehicle and Traffic Law, by riding the Kawasaki on a roadway divided into clearly marked lanes and failing to drive within a single lane and moving from a lane without regard to doing so safely. In count 13, Tillmon is accused of unsafe starting, a violation of Vehicle and Traffic Law, by moving the Kawasaki, which had been stopped, standing or parked, without first determining if movement could be made with reasonable safety. In count 14, Tillmon is accused of failing to use signal lamps, contrary to Vehicle and Traffic Law, by riding the Kawasaki and changing lanes or entering an exit ramp of the Thruway without using signals by hand and arm, or signal lamps. In count 15, Tillmon is accused of speeding for operating the Kawasaki that summer day at a speed greater than was reasonable and prudent under the conditions and without regard to the actual and potential hazards at that time. In count 16, Tillmon is accused of speeding for operating the Kawasaki at 135 mph in a 65-mph zone. In count 17, Tillmon is accused of reckless driving, a violation of Vehicle and Traffic Law, for operating the Kawasaki on I-90 in a manner which unreasonably interfered with the free and proper use of a public highway or unreasonably endangered users of a public highway.

Erica R. Leach is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on Aug. 24 in the Town of Darien that Leach knowingly and unlawfully possessed a controlled substance: cocaine with a weight of 500 milligrams or more.

Latashia M. Sanchez is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Oct. 18 in the Town of Stafford that Sanchez drove a 2011 Chevrolet on Main Road -- Route 5 -- while intoxicated. In count two, she is accused of DWI, per se, as a misdemeanor, for having a BAC or .08 percent or more at the time. In count three, Sanchez is accused of first-degree aggravated unlicensed operation, a Class E felony. It is alleged in count three that Sanchez knew or had reason to know that her driving license was suspended and that she was driving without a license while intoxicated. In count four, she is accused of driving her vehicle in excess of 55 mph. In Special Information filed by the District Attorney, the defendant is accused of having been charged with DWI, per se, in Town of Le Roy Court on July 31. The prosecution of that crime forms the basis for the suspension referred to in count three. As a result of the prosecution, her license was suspended at 2 p.m. on Oct. 18 and was therefore in effect at 5:19 p.m. Oct. 18, when she allegedly violated the laws resulting in the current indictment.

Jeffery C. Rogers is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Aug. 25 he drove a 2011 Chevrolet with Tennessee plates on West Main Street in the City of Batavia while intoxicated. In count two, Rogers is accused of aggravated  DWI, per se, as a Class E felony, for allegedly having a BAC of .18 percent or more at the time. In count three, Rogers is accused of exceeding the maximum established speed limit. In Special Information filed by the First Assistant District Attorney of Genesee County, the defendant is accused of having been convicted of driving under the influence, as a misdemeanor, on April 13, 2015, in General Sessions Court, Knox County, Tenn. That conviction was within 10 years previous to the crimes alleged in the current indictment.

For the remainder of the school year, the Oakfield-Alabama Central School District has reached an agreement with the Sheriff's Office to provide a school resource officer on the district's campuses.

The Public Service Committee recommended Tuesday a budget amendment that would increase the Sheriff's budget by $42,263 to be offset by $41,263 from the school district.

Deputy Howard Wilson is expected to serve as O-A's new SRO.

Wilson's road patrol position will be filled by a new hire.

There are a number of open slots on road patrol currently, Sheriff William Sheron told the committee. 

Five recruits begin law enforcement training March 11. They will attend the academy in Niagara County for 22 weeks, followed by 14 weeks of field training.

Another four recruits are expected to begin training in August or September.

In the meantime, Sheron said, the office is understaffed and deputies are working overtime. The overtime expense is offset by the open positions going unpaid.

Legislator Marianne Clattenburg asked if the Sheriff's Office has received reports from other school districts with new SROs this year -- Alexander, Pavilion, and Pembroke -- to substantiate that the program is effective.

"About a month ago, I revisted each school district and the response from superintendents and staff was overwhelmingly positive," Sheron said. "More than just being a deterrence, their are bonds being formed.

"Students are not fearful of the officers and their not afraid to share experiences with officers, sometimes about home life, which isn't always good. All I can say is every response I've gotten has been favorable from each one of the schools."

Luis A. Torres-Otero, 20, of Hutchins Place, Batavia, is charged with second-degree harassment and endangering the welfare of a child. He was arrested after Batavia police investigated a domestic incident which occured at 9:29 a.m. on Feb. 6 on Hutchins Place. It is alleged that the defendant struck a female in the face while she was holding a child. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in court on Feb. 20. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Kevin DeFelice.

Joseph J. Mazzarella, 66, of Bank Street, Batavia, is charged with second-degree harassment and second-degree criminal contempt. On Feb. 11 at 2:45 p.m., he allegedly threatened an individual on Bank Street in violation of an order of protection. He was jailed in lieu of $2,000 bail or bond. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Davis.

Joseph J. Mazzarella, 66, of Bank Street, Batavia, is charged with second-degree criminal contempt. Mazzarella was arrested after he allegedly violated an order of protection by contacting a protected person by phone at 4:55 p.m. on Feb. 13. He was issued an appearance ticket and is due in Batavia City Court on Feb. 26. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Patrick M. Viscuso, 54, of Vernon Avenue, Batavia, is charged with second-degree burglary and second-degree criminal contempt. He was arrested after allegedly violating an order of protection at 8:58 p.m. on Feb. 18 by being inside a protected person's residence on Evans Street in Batavia. He was arraigned in Batavia City Court and put in jail on $5,000 cash or bond. The case was handled by Batavia Police Officer Christopher Lindsay.

Zachery V.D. Seeley, 22, of Lyman Road, Bergen, is charged with three counts of second-degree criminal contempt. He was arrested at 9 p.m. on Feb. 12 after allegedly violating an order of protection by having direct contact with a protected person on Miller Avenue in Batavia. Seeley was arraigned and put in jail in lieu of $1,000 cash or $2,500 bond. He is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Damian C. Cogovan, 19, of East Main Street, Batavia, is charged with two counts of second-degree criminal contempt. At 7:29 p.m. on Feb. 7, the defendant was allegedly observed by Batavia police in the direct presence of two protected parties while at his residence. He was arraigned in Batavia City Court and jailed in lieu of $1,000 cash or $2,000 bond. He is due in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Lawrence W. Worsley, 39, of Ridge Road, Albion, is charged with second-degree contempt. He was arrested on Feb. 10 on a warrant out of Batavia City Court for allegedly violating an order of protection issued to a person on Vine Street in Batavia on Jan. 16. He was arraigned and put in jail in lieu of $1,000 cash or bond. He is due back in Batavia City Court at a later date.The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Nicholas M. Korczak, 33, of Pike Road, Batavia, is charged with second-degree aggravated harassment. He was arrested on Feb. 7 following an investigation into alleged threats of violence via text messages on Feb. 6. He was arraigned in Batavia Town Court and released on his own recognizance. He is due in Batavia Town Court again on March 12. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Mathew Clor.

Daniel Joseph Geller, 35, of Moulton Avenue, Tonawanda, is charged with aggravated DWI, DWI, and failure to use designated lane. Geller was arrested on the charges following the investigation of a property damage accident at 12:19 a.m. on Feb. 10 on Main Road in Pembroke. He was issued an appearance ticket and is due in Pembroke Town Court on March 5. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Andrew Mullen.

Melynda M. Gayhart, 31, of Hutchins Place, Batavia, is charged with petit larceny. She was arrested after a shoplifting investigation allegedly found that she stole beer from her employer -- the 7-Eleven on East Main Street in Batavia. Gayhart was released on an appearance ticket and she is due in Batavia City Court on Feb. 26. The case was handled by Batavia Police Officer Jason Ivison.

Christopher John Raymond Diers, 36, of State Street, Batavia, is charged with petit larceny. On Feb. 8 Diers was arrested at 4 p.m. for allegedly stealing property from Walmart. He was released on an appearance ticket and is due in Batavia Town Court on Feb. 25. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Sgt. Andrew Hale.

Christopher John Raymond Diers, 36, of State Street, Batavia, is charged with petit larceny. At 6:39 p.m. on Feb. 8, Diers was arraigned in Batavia City Court after he was arrested on a Batavia City Court bench warrant. It was issued after he failed to appear in court on a petit larceny charge stemming from the alleged theft of two lottery tickets on Nov. 4 from the Circle 3 convenience store and gas station at Ellicott and Cedar streets in Batavia. Diers was jailed in lieu of $2,000 cash or bond. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jamie Givens.

Erica Michelle Raphael, 34, of Pratt Road, Batavia, is charged with third-degree bail jumping and petit larceny. Raphael was arrested on two warrants on the two charges after being located in Orleans County on Feb. 18. She was turned over the the Genesee County Sheriff's Office and arraigned in Batavia Town Court. She was released on her own recognizance and is due in Batavia Town Court on Feb. 25. The original charges were issued on Oct. 29 following an incident at an unspecified location on West Main Street Road in Batavia. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Justin T. Gladney Sr., 29, of North Spruce Street, Batavia, is charged with petit larceny. He was arrested following a shoplifting complaint at 10:10 a.m. on Feb. 16 at the Family Dollar store on East Main Street in Batavia. Gladney was released on an appearance ticket and he is due in Batavia City Court on Feb. 19. The case was handled by Batavia Police Officer Jason Ivison.

 

A mild but persistent snowstorm passed through the area overnight and into this morning. Snowfall is expected to taper off as we head into the afternoon. 

If you're viewing this on The Batavian app, click here to view the video on thebatavian.com.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.32, up 4 cents from last week. One year ago, the price was $2.53. The New York State average is $2.47 – the same as last week. A year ago, the NYS average was $2.74. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.44 (down 3 cents since last week)
• Buffalo -- $2.50 (down 1 cent since last week)
• Ithaca -- $2.36 (up 2 cents since last week)
• Rochester -- $2.41 (down 1 cent since last week)
• Rome -- $2.44 (down 1 cent since last week)
• Syracuse -- $2.36 (no change since last week)
• Watertown -- $2.43 (no change since last week)

The modest increase in the national average is likely due to supply concerns as refineries begin maintenance season. Overall, however, frigid weather has played a critical role in keeping pump prices low this winter, due to less demand for gasoline. For two weeks, demand numbers have decreased. The drop in demand helped total gas stocks across the country increase slightly by 400,000 bbl to 258.3 million bbl.

Moving into this week, milder weather could increase demand, pulling pump prices alongside it.

At the close of Friday’s formal trading session on the NYMEX, WTI increased $1.18 to settle at $55.59. Crude prices have continued their ascent due to growing belief that global supply is tightening. As crude prices increase, motorists can expect pump prices to follow suit, since approximately 50 percent of the cost consumers pay at the pump is due to the cost per barrel of crude oil.

The passenger of a van that struck a manure spreader Friday night on North Bergen Road in Byron remains in guarded condition at Strong Memorial Hospital.

Guarded condition at Strong means the patient is in the intensive care unit.

Paul W. Tuttle, of Bergen, was a passenger in a 2015 Dodge Pro Master van driven by Richard J. White, of Brockport, when it struck a Kuhn-Knight manure spreader attached to a John Deere tractor driven by Kip A. Keller, of Byron.

Keller was eastbound on North Bergen Road at 7:07 p.m. when the van struck the manure spreader, causing the manure spreader to separate from the tractor. 

Byron Chief Chief Robert Mruczek said after the accident that the manure spreader had placards and lights on.

As a result of the crash, the van suffered heavy front-end damage. Tuttle was transported to Strong by Mercy Flight.

Drivers White and Keller suffered minor injuries and were taken to Strong and UMMC by ground ambulance. 

The cause of the crash remains under investigation.

The collision is being investigated by Chief Joseph Graff, Sgt. Andrew Hale, Investigator James Diehl, of the Crash Management Team. Deputy Travis DeMuth and Deputy Michael Lute assisted at the scene, as did members of the fire departments from Byron, South Byron, and Elba, along with Mercy EMS and Byron Auto Repair.

Photo by Alecia Kaus/Video News Service.

 

 

First built in 1828 the Union Hotel in Corfu has certainly seen better days.

The hotel was a stagecoach stop for weary travelers passing through Western New York in the 19th century.

Decades ago, it ceased operation as a hotel and became a restaurant and bar with a bowling alley added on.

About six months ago, Tom and Mary Dix, owners of Jay Potter Lumber in Corfu, closed on a purchase offer for the property. Tom has been talking with perspective restaurant operators but has yet to reach an agreement with a tenant.

In the meantime, he has been making repairs, most notably fixing a leak in the roof, with the goal of doing the restoration work necessary to make it an attractive place for a restaurateur. 

"The plan right now is just to get it to not fall apart anymore," Dix said. "I would like to have a restaurant and a bar. There needs to be one in this area.

"If you live here, you have to go to Batavia or you have to go out of the town or the county to go to a restaurant. In this area there really isn't one that does dinner and that does late night activity for the younger crowd."

If you're using The Batavian's app, click here to view the video on thebatavian.com.

The Batavia Police Department has arrested a 17-year-old in connection with the burglaries which occurred over the weekend of Jan. 4^th.

The 17-year-old was arrested on Feb. 13 on a Grand Jury indictment warrant for four counts of third-degree burglary, a Class D felony.

The suspect was put in Genesee County Jail on $15,000 bail pending a bail review.

During the weekend of Jan. 4^th– 7^th, the Batavia Police Department investigated nine burglaries, which includes attempted burglaries, to local businesses. The areas where the burglaries took place are Ellicott Street and Jackson Street, Harvester Avenue, Swan Street, Center Street, Apollo Drive and Liberty Street.

The suspects broke windows or kicked in doors to gain entry at most of the businesses. Items were taken at some of the businesses but not all. The suspects stole a white 1998 Dodge RAM 2500 diesel pickup truck from one of the businesses, but it has since been recovered.

Evidence was located at the scenes which appeared to indicate the burglaries were committed by the same suspects. Parolee Christopher T. Sprague had been previously arrested in connection with the burglaries.

No additional arrests are expected at this time.

Anyone with information in reference to the case may contact Detective Eric Hill at 585-345-6373 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online here.

Harmony J. Alexander, 22, black female, 5’2” 120 lbs., Brown/Black hair, brown eyes. Last known address, Lark Street, Rochester.

Arrest warrant for alleged grand larceny 4^th (felony) PL 155.30-1 and conspiracy 5^th PL 105.05-1 (misdemeanor) Batavia Town Court. Date of warrant: 1/25/19.

Duty E. Caswell, 27, white male, 6’3” 160 lbs., blond hair, blue eyes. Last known address, Cary Avenue, Oakfield.

Bench warrant for alleged aggravated DWI/DWI VTL 1192-2aa/1192-3 (misdemeanor) Oakfield Town Court. Date of warrant: 12/5/17

Arrest warrant for alleged bail jumping 3^rd PL 215.55 (misdemeanor) Oakfield Town Court. Date of warrant:  1/26/18

Bench warrant for alleged violation of probation (misdemeanor) Pembroke Town Court. Date of warrant: 12/14/17

Erica M. Raphael, 34, white female, 5’3” 115 lbs., brown hair, blue eyes. Last known address, Pratt Road, Batavia.

Bench warrant for alleged petit larceny PL 155.25 (misdemeanor) Batavia Town Court. Date of warrant: 9/24/18

Arrest warrant for alleged bail jumping 3^rd PL 215.55 (misdemeanor) Batavia Town Court. Date of warrant: 10/29/18

 

Benjamin J. Skubis, 24, white male, 5’11” 140 lbs., brown hair, brown eyes. Last known address, Colby Road, Darien.

Bench warrant for alleged DWI VTL 1192-2/1192-3 (misdemeanor) Alabama Town Court. Date of warrant:  6/13/18

Arrest warrant for alleged bail jumping 3^rd PL 215.55 (misdemeanor) Alabama Town Court. Date of warrant: 2/5/19

 

Lorrie J. Shanley, 48, white female, 5’6” 230 lbs., blond hair, brown eyes. Last known address: Chili Avenue, Churchville.

Bench warrant for alleged aggravated unlicensed operation 2^nd VTL 511-2a4 (misdemeanor) Stafford Town Court. Date of warrant: 1/10/19

Arrest warrant for alleged bail jumping 3^rd PL 215.55 (misdemeanor) Stafford Town Court. Date of warrant: 1/29/19

Tanisha L. Mack, 39, black female, 5’3” 110 lbs., brown hair, brown eyes. Last known address: Eastman Avenue, Rochester.

Bench warrant for alleged aggravated unlicensed operation 3^rd VTL 511-1a (misdemeanor) Pembroke Town Court. Date of warrant: 5/11/18

Arrest warrant for alleged bail jumping 3^rd PL 215.55 (misdemeanor) Pembroke Town Court. Date of warrant: 6/13/18

If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.

Trevon R. Slaughter    Edwin S. Coleman

Trevon R. Slaughter, 20, of Affinity Lane, Rochester, is charged with: two counts of criminal sale of a controlled substance in the third degree, a Class B felony; and two counts of criminal possession of a controlled substance in the third degree, a Class B felony. Slaughter was arrested on Saturday evening, Feb. 9, after a six-month investigation into the possession, transportation and sale of crack cocaine in and around the City of Batavia. It is alleged that Slaughter sold a quantity of crack cocaine to an agent of the Genesee County Local Drug Task Force on two separate occasions. He was arraigned in Genesee County Court and put in Genesee County Jail with bail set at $25,000 cash or $50,000 bond. The task force is comprised of police officers from the Genesee County Sheriff's Office, Batavia Police Department and the Le Roy Village Police Department. The task force members were assisted by the GC District Attorney's Office.

Edwin S. Coleman, 52, of Wilson Street, Rochester, is charged with: two counts of criminal sale of a controlled substance in the third degree, a Class B felony; and two counts of criminal possession of a controlled substance in the third degree, a Class B felony. Coleman was arrested on Tuesday afternoon, Feb. 12, after a six-month investigation into the possession, transportation and sale of crack cocaine in and around Genesee County. It is alleged that Coleman sold a quantity of crack cocaine to an agent of the Genesee County Local Drug Task Force on two separate occasions. He was arraigned in Genesee County Court and released under the supervision of Genesee Justice. The task force is comprised of police officers from the Genesee County Sheriff's Office, Batavia Police Department and the Le Roy Village Police Department. The task force members were assisted by the GC District Attorney's Office.

Nicholas Edmond Kabalan, 21, of Batavia Bethany Townline Road, Bethany, is charged with: driving while intoxicated; operating a motor vehicle with a BAC of .08 percent or more; unlawful possession of marijuana; speed not reasonable and prudent; and drinking and possessing an open container of alcohol in a motor vehicle. On Feb. 13 at 11:05 p.m. Sheriff's deputies responded to a property damage accident on Route 98 in the Town of Elba and Kabalan was subsequently arrested on these charges. He was issued appearance tickets and is due in Elba Town Court on March 20. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Joshua Brabon.

An attorney for residents of Presidential Acres in Le Roy said today following a hearing in Genesee County Supreme Court that her clients are proceeding with an appeal of a ruling against their attempt to overturn a Town of Darien judge's dismissal of their effort to enforce a Zoning Board of Appeals decision.

The residents, with Steve Barbeau as lead plaintiff, believe that Pete McQuillen should use a driveway on Robbins Road, and not on Fillmore Street, to access an auxiliary structure and residence on his property at 9313 Robbins Road, Le Roy.

They believe a ZBA decision requires McQuillen and any visitors to his property to use the Robbins Road driveway.

In January, Justice Emilio Colaiacovo dismissed an Article 78 motion by Barbeau and co-petitioners to overturn a decision by Darien Town Justice Michelle Krzemien dismissing a criminal complaint against McQuillen that was based on the ZBA decision for allegedly violating Village of Le Roy code.

In that ruling, Colaiacovo used harsh language to criticize the actions of the petitioners and also said Krzemien was within her authority to dismiss the criminal charges "in the interest of justice." 

He ordered a hearing, scheduled for this morning, on repayment of attorneys fees for the Town of Darien stemming from the Article 78 petition challenging her decision and right to make the decision.

At the hearing this morning, attorney David M. DiMatteo, representing the Town of Darien, said the town and judge were waiving a claim on reimbursement of attorney fees.

After court, DiMatteo explained that the fees expended so far were covered by insurance but if the town were involved in the ongoing appeal, the town could incur expenses that would not be covered by insurance. 

"It's not really our fight," he said.

Amy Kendall, representing Barbeau and the other plaintiffs, confirmed for Colaiacovo that the petitioners' appeal excludes Krzemien and lets stand his ruling that Krzemien acted within her authority as a town justice.

After court Kendall said the appeal is an attempt to enforce the ZBA decision and is focused on those topics of the Article 78 proceeding.

Pete McQuillen and Judith McQuillen were in court this morning as observers.

Previously: Latest court ruling doesn't look like end of long-running neighborhood dispute in Le Roy

Longtime rival Notre Dame stopped Elba's effort to finish the regular season undefeated Tuesday night, beating the Lancers on their home court, 59-47.

Elba is now 18-1 and the Lady Irish are 18-2. Both teams have 13 league wins and so finish the regular season tied atop the Genesee Region.

Entering Class D2 sectional play, Elba should be the #1 seed as it shoots for its third consecutive sectional title.

Notre Dame is ranked #6 in Class B1. Batavia High School is ranked #1 entering into sectionals.

For the Irish, Callie McCulley scored 23 points and had 13 rebounds. Stevie Wilcox scored 12 points and had seven rebounds. Morgan Rhodes scored 10 points and Amelia McCulley scored eight.

UPDATE: Stats for Elba: Taylor Augello, 19 points and eight rebounds. Maddie Muelhig, 13 points, and Leah Bezon, seven points and seven rebounds.

Press release:

Ricky Palermo’s tireless efforts to raise money for spinal cord research will be recognized when he receives the prestigious Major Donald Holleder Award at the 70th annual Rochester Press-Radio Club Day of Champions Children’s Charities Dinner, Wednesday, April 3, at the Joseph A. Floreano Rochester Riverside Convention Center.

The award is named after Holleder, a former Aquinas Institute and U.S. Military Academy football star who was killed in a Vietnam War battle while attempting to rescue several wounded members of his battalion. It is presented annually to an individual who exhibits the character, courage and achievement displayed by Holleder.

Palermo, a former three-sport most valuable player at Byron-Bergen High School, was paralyzed in an automobile accident in 1981. Since 1997, he and his foundation have held an annual golf tournament and auction that has raised more than $1.4 million. The funds have been contributed to The Miami Project, a pioneering spinal injury research organization, as well as to local organizations, such the Batavia YMCA bike program for people with neurological challenges.

Palermo will be honored at the dinner, which features 2018 NFL MVP Patrick Mahomes of the Kansas City Chiefs as the Coca-Cola Sports Personality of the Year and other award winners.

Tickets for the dinner are $135, with a table of 10 available for a discounted price of $1,250.  To reserve tickets or packages, call 585-340-1460. Credit cards or money orders are accepted as payment. 

The club gratefully acknowledges its corporate sponsors: Coca-Cola of Northern New England, ConServe, the Democrat and Chronicle, ESL Federal Credit Union, the Rochester Red Wings, and the Rochester NY Sports Commission.  

Photo: File photo, Ricky Palermo with his cousin John Curtiss.

In response to a request for information on the lack of a snow fence and plow times on Route 98 the day of a double fatal accident in Elba, the state Department of Transportation issued a statement today that didn't address either issue.

A spokesman did not respond, after several hours, to The Batavian's request for information on those specific issues.

Here's the DOT's official statement about the crash Feb. 2 that took the lives of mother and son, Teresa M. Norton, 53, and Thomas M. Norton, 22, both of Albion:

This was a tragic incident. DOT’s primary focus is highway safety, which includes snow and ice preparation and response. We maintain thousands of miles on highways statewide and follow snow and ice guidelines to address severe winter weather in Upstate New York. DOT’s maintenance crews were working diligently throughout that weekend in Genesee County, engaged in snow and ice operations on state highways.

The accident occurred within days of significant snowfall when the wind was blowing at about 30 mph through the county. There were significant snow drives across patches of Route 98 that afternoon, including one where Teresa Norton's 2008 Suzuki slide sideways through heavy snow and was hit broadside by a pickup truck.  

Both mother and son were pronounced dead at the scene.

Scott J. Hinze, 52, a registered sex offender who lives on West Main Street Road, Batavia, is charged with failure to report a change of address within 10 days -- a felony, and falsifying business records in the first degree, also a felony. On Feb. 11 at about 11:20 p.m. Hinze was arrested after an investigation. He allegedly failed to register his address change as a sex offender within 10 days to the NYS Division of Criminal Justice Sex Offender Registry. Hinze also allegedly falsified a sex offender address change document at the Genesee County Jail in the City of Batavia. He was issued an appearance ticket for Town of Batavia Court and is due there March 4. On the charge of falsifying a business record document at the jail, he was issued an appearance ticket for March 5 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Erik B. Andre.

Aaron L. Heale, 37, of 25 N. Lake Ave., Bergen, was arrested on Feb. 11 by the Le Roy Police Department and charged with one count of criminal possession of a hypodermic instrument, a Class A misdemeanor. The charge comes after a complaint on Feb. 5 from a local car wash that Heale was allegedly slumped over at the wheel of his car in the wash bay. When the Le Roy police found Heale, who is on parole, he was allegedly slumped over at the wheel and awoken by the officers. During the investigation it was alleged that Heale unlawfully possessed the hypodermic syringe inside the vehicle. Heale, who is currently in Genesee County Jail on an alleged parole violation, was issued an appearance ticket and is due in Le Roy Town Court on March 14.

Jeffery J. Williams, 25, of 25 Ravine Ave., Rochester, was arrested on Feb. 10 by the Le Roy Police Department and charged with two counts of petit larceny and three counts of attempted petit larceny. The charges are based from an investigation which started on Nov. 11 when it was reported that numerous vehicles in the Bacon/Pleasant Street area were entered and items allegedly stolen. During the investigation, it was determined that Williams was visiting a person in Le Roy when he allegedly entered at least five different vehicles during the early morning hours, stealing items from two of the vehicles and ransacking three others looking for items to steal. Williams was issued an appearance ticket to be in Le Roy Town Court on March 5.

Writing 15,000 letters and sending them to Albany -- instead of one from a local legislative body such as the Batavia City Council -- would be the most effective way for pro-life advocates to let Gov. Andrew Cuomo and state legislators know exactly how they feel about the recently passed New York’s Reproductive Health Act.

That is the opinion shared by Council President Eugene Jankowski following Monday night’s emotional 90-minute public comment portion of the board’s Business Meeting at City Hall.

About 150 people, many of them connected to the Right to Life movement, packed Council chambers, with about half of them having to stand while 18 speakers took their turns at the podium.

Fourteen of them spoke in favor of City Council drafting a letter in opposition of the RHA – with some calling for Batavia to designate the community as a “sanctuary city for the unborn” -- and forwarding it to Gov. Cuomo.

The passing of the law last month, which includes provisions that permit abortions after 24 weeks if the fetus is not viable or the health of the mother is at risk, became a hot topic in the city after Batavian Chris Connelly, a self-described “man made in the image of God,” spoke out against it at the Jan. 28 Council meeting.

His strong comments prompted City Council to consider having City Manager Martin Moore draft a letter in opposition of the law and placing it on a future meeting’s agenda. News of that decision compelled many residents on both sides to write or call their council representative, and ultimately led Jankowski to seek more public input before deciding how to proceed.

And, if he was looking for more feedback, he surely wasn’t disappointed as the speakers shared a range of viewpoints in an effort to persuade the nine council members.

Lifelong Batavian Kathy Stefani, a Right to Life organizer, said that abortion has become legal “right up to the moment of birth in this country” but that it’s a federal crime to destroy an egg of a bald eagle.

Noting that the word “fetus” is Latin for “little one,” Stefani said “we are here tonight for the little ones.”

“It’s okay to give a lethal injection to a living infant but definitely not to a hardened convicted criminal,” she said. “We’re not asking for a raid on the state capital or a march down Main Street, just a letter stating right from wrong. Write a letter and make Batavia a sanctuary city …”

Jon Speed, a church pastor from Syracuse, was more graphic in his address, asking “Which is the best way to kill a baby -- a pill, saline solution, surgically in the second trimester or scissors into the neck in the third trimester. There is no good way to kill a baby.”

He spoke out against Planned Parenthood – leading to a bit of shouting in opposition to that – and urged Council to make Batavia a sanctuary city of the unborn.

“We are called to love our neighbors … born and unborn … If not, and then appointed for the slaughter, the blood will be on your hands.”

Connelly took another turn at the microphone and ramped up his comments.

“God said before I formed you in the womb, I knew you,” Connelly said. “(By taking) these positions, the blood runs in our streets. What about the children who are butchered, who are sold as commodities?”

Calling abortion “disgusting, reprehensible and unthinkable,” Connelly said that “even debating this is a signal that we need repentance before a holy and just God.”

Another speaker, Dan Devlin of Buffalo, president of an organization known as New York Oath Keepers, said he sees abortion as a constitutional issue and quoted the preamble to the Constitution of the United States to support his view.

There are two groups, not one, that this nation was established for,” he said. “We the People … to secure the Blessings of Liberty to ourselves and our Posterity. Who is your posterity … It is all of our descendants until the end of time. The succeeding generations, and the unborn descendants in the womb are clearly our posterity.”

And Alex Feig of Medina asked Council to follow its own vision statement, reading several points from the city’s website, including “our children, at all ages, will have choices to grow, learn, live, play and work in our community,” and “our city will serve as a model for other small cities in its approach to an overall positive quality of life for all its community members.”

He called for Council to not only write a letter in opposition to the RHA but also to pass an “emergency ordinance” to prohibit abortion in the city.

On the other side of the debate, Nikki Calhoun of Le Roy spoke of the centuries of those seeking to control women, causing them to suffer at the hands of government and their husbands, and preventing them from voting and seeking higher education.

She defended the local Planned Parenthood’s various services, including counseling for those with little or no insurance.

“Where are these girls supposed to turn to when they need to talk?” she said.

She added that she respected everyone’s opinion and held a belief in a higher being, but also respects women who can decide for themselves.

“We’re not someone’s property,” she said. “I implore you to mind the business of the city and not our bodies.”

Erica O’Donnell of Batavia said she approached the city in August of 2017 about taking a stand about Confederate flags being flown in the city after a neo-Nazi rally turned into a deadly tragedy in Charlottesville, Va., but was told that Council refrained from issues other than city business.

“With this (RHA) bill, three branches of state government passed it,” she said. “The city decided against (taking a stand) then, and I hope that going forward you take the same approach.”

Amber Hainey of Mount Morris said a woman’s right to choose has been a law since 1973 (Roe v. Wade) and “we’re done having this conversation. Women have a right to their bodies and their reproductive health.”

Her comments were echoed by Batavian Rachel Curtin, who stated that her reproductive rights are her own, and for Council “to focus on city matters.”

At the end of the public comments – after Oakfield resident Brian Thompson’s call for Council to take advantage of the opportunity to make a “historic” decision for life and for more people to adopt children and after Batavian Frank Klimjack encouraged everyone “to write that letter, send that email and make that phone call” – it was the council members’ turn to respond.

Council Member Rose Mary Christian said she disagreed with those who said it wasn’t part of Council’s duties and said that she was in favor of sending a letter to Gov. Cuomo.

“This is a state issue because he decided to bring this forth and we do have a right,” Christian said, noting that she received 35 emails – 30 of them from people in favor of sending the letter.

She went on to say that abortion, especially in the third trimester, is “barbaric and murder.”

“With (building) a wall, they call it immoral. What the hell? Don’t they call it immoral to kill a baby?”

Council Member Robert Bialkowski said he doubted if a letter from City Council would have any impact in Albany.

“We have a governor now … writing laws … and they don’t care about this part of the world,” he said, condemning laws that promote gambling, legalization of marijuana and pay raises for prisoners.

“The majority of the people elected him … and in Erie County he’s very strong there. I encourage people next time you go to vote, think of it.”

Jankowski said personally he has “no qualms about sending this letter, but it’s not about me.”

“We represent all people in the City of Batavia and I owe my obligation to help people on both sides of this argument … as City Council we can’t fairly represent one side or another.”

He then said he would like Council to “back out of this as a body” and suggested everyone to contact their state representatives.

“I’m going to do my own (letter). I think 15,000 would raise my eyes more than one letter representing 15,000. Fifteen thousand letters dumped on his doorstep … he’d have to take note of that.”

Undeterred, Christian asked City Attorney George Van Nest about the legality of sending a letter.

Van Nest said it cases such as this, a consensus of the board would determine what action to take.

“I’d like to do it,” she said. “Would anyone else like to do it with me so we can send a letter as a body?”

Council Member John Canale weighed in, stating that he was torn over what to do after getting more feedback from constituents over this issue than any other in his eight years of service.

“I consider myself a Christian and try to live my life under Christian values, but my problem is this … I was elected by not just Republicans and not just Christians,” he said. “I now have to make a decision … I say to all of you, put yourselves in my seat; I’m very undecided.”

Canale requested that the issue be tabled to allow time for “soul-searching and to talk to our families.”

Bialkowski suggested the drafting of a resolution to be brought to the next Conference meeting on Feb. 25 and Council Member Kathleen Briggs tried to call for a vote, but that didn’t fly. In the end, Jankowski said if a council member wanted to draft a letter, it would go to the Conference meeting and they would vote on it.

“I’ll do it,” Christian said.

And, judging by her supporters’ passionate appeals, she’ll probably have many people offering to help her write it.

From the City of Batavia Police Department:

The following people are wanted on warrants issued out of Batavia City Court. If you have any information on the whereaboute of these subjects, please contact the Batavia Police Department at (585) 345-6350.

Do not make any attempt to apprehend these individuals on your own.

If you have an active warrant and want to avoid ending up on a WANTED list like this, the Batavia Police Department would be more than happy to assist you on resolving the warrant.

Ahdeosun "Nunu" Aiken, 20

Charges(s): Second-degree criminal contempt.

Notes: Wanted for allegedly violating an order of protection. Additional pending charge of third-degree bail jumping.

Nicole Casey, 25

Charge(s): Petit larceny

Notes: Wanted for allegedly shoplifting.

Heyward Clark Jr., 54

Charge(s): Multiple counts of third-degree burglary.

Notes: Wanted for allegedly forcefully breaking into several properties and stealing property.

Aisha Culver, 20

Charge(s): Aggravated unlicensed operator
of a motor vehicle
in the third degree; operating with suspended registration; operating without inspection "and additional."

Carey Culverhouse, 59

Charge(s): First-degree assault

Notes: Wanted for allegedly stabbing another person.

Allen Jerome Davis, 37

Charge(s): Sex offender registry

Notes: Wanted for allegedly moving out of his registered address without notice and without providing a new address.

Friends and family surrounded Kimberly Albanese and David Robb on Sunday evening in Elba with love and support as they mourned and remembered their mother, Teresa M. Norton, and brother, Thomas M. Norton, at the spot on Route 98 where they were killed eight days earlier.

Teresa, 53, and Thomas, 22, both of Albion, were northbound on Oak Orchard Road when the 2008 Suzuki SUV Teresa was driving hit a deep patch of snow that had blown across the roadway. The Suzuki slid sideways and was struck by a southbound pickup truck.

Both mother and son died at the scene of the accident.

"She was a great mom," Albanese said. "She tried her best. She was my best friend. I miss her so much. Every day I want to call her just to ask her if everything is great. I don't know how I'm going to raise my 2-year-old and my baby. I have a baby due in two months.

"That's when you need your mom the most. My kids are never going to know her. And my brother was only 22. His birthday is in two weeks and he just, he got cheated out of life so much. But what are you going to do? You just go day by day."

A GoFundMe online fundraiser also has been established to assist the family, which has not only suffered the loss of Teresa and Thomas but they are also dealing with the health issues faced by Roger Norton, Teresa's husband. He has been in intensive care at Strong Memorial Hospital since several weeks prior to the accident.