restaurants

Last week, The Batavian reported that Pontillo's Pizzeria owed in excess of $112,000 in state taxes. That report came on the heels of an article in the Daily News in which Sam Pontillo claimed that he closed the restaurant in order to make renovations and officially purchase the property. A second article appeared in the Daily a couple days after our post that further confounded an already ambiguous story. Since then, more information has become available that may help us to ask some better questions in the hopes of getting some better answers.

On October 31, a civil suit was filed in Genesee County in which all three Pontillo brothers were named. That suit was brought by Buffalo attorneys Amigone, Sanchez, Mattrey & Marshall LLP on behalf of the plaintiff: John Pontillo. Listed as defendants in that case are: Sam, Paul and Salvatore Pontillo. No other details of the case were available at the Office of the Genesee County Clerk, and we have so far been unable to contact any of the brothers. We had left messages for Sam Pontillo last week that were never returned.

A week later, on November 7, a mechanic's lien was filed with the county by Roy H. Turnbull Inc. againt the estate of Elizabeth Pontillo and Pontillo's Batavia Pizzeria Inc. in the amount of $1,181.29. No specifics were listed in the record.

Those are the most recent facts. A search earlier today revealed no new filings with the county. Let us now take a moment to review the news as it was reported in the Daily. We feel that there are some contradictions and ambiguities that may help to shed some light on the situation.

From the first article, which appeared on November 4:

(Sam) Pontillo was advised that it would be better to just close the shop down and then re-open under new ownership. He regrets that he had to cancel a pre-election night party ... But he had no choice, Pontillo said. He was told that renovations were to happen now.

Firstly, who "advised" Sam Pontillo to close and "told" him that renovations had to "happen now"? In the same article, Beck writes that: "Sam has been on site running the Batavia and Le Roy operations the last several years." So if he's running the place, who is telling him to close it? Secondly, what are these renovations that they cannot be postponed even a single day so that the restaurant could cater a local party?

What's most confusing, however, is that in this first article, Sam Pontillo claims responsibility for both operations, in Le Roy and in Batavia. He would have to be running the place in order to make the decision to close it down, right? But in the article that appeared in the Daily on November 7—after The Batavian broke the news that the Batavia restaurant owed some $112,000 in unpaid taxes to the state—Sam Pontillo is quoted as saying: "I was locked out of the whole operation. John and Paul worked there (in Batavia). John was operations manager." Doesn't that contradict the claim in the previous article that Sam has been running the place for "years"?

Joanne Beck writes:

It was only after (Sam Pontillo) started the paperwork to buy the city property that Sam Pontillo became fully aware of the tax situation, he said. He doesn't dispute that tax warrants have been filed by the state Finance Department and Genesee County Clerk's office against the family business, which includes Pontillo's Batavia Pizzeria, Inc. and Sam's Tomato Pies, Inc.

But he doesn't claim them as his, either. The business is still owned by his mother and was not run by Sam, he said.

What!? Does Sam Pontillo run the business or not? What does it mean to be "fully aware"? Could he have been "partially" aware? What would that have signified? How can Sam not claim the tax warrants filed against Sam's Tomato Pies?

It is also reported in the most recent Daily News article that: "Genesee County records did not show any outstanding tax warrants on the Le Roy Pontillo's." That's true. As Sam Pontillo himself says of the Le Roy location: "I don't owe one cent for this place."

But Pontillo's Le Roy Pizzeria Inc. has been named in a civil suit filed by the Workers' Compensation Board of the State of New York that was filed on October 20. The Board also filed a money judgement in the amount of $1,250 against the Le Roy operation. As for any outstanding tax warrants, there are none. Pontillo's Le Roy Pizzeria Inc. was, however, served with a tax warrant by the New York State Department of Taxation and Finance in the amount of $700.63 in November, 2007. That was paid.

All in all, there are more questions than answers at this point, and I have yet to see a single car parked at the Batavia Pontillo's, which is supposed to be undergoing renovations right now. I guess we ought to take Sam Pontillo at his word when he says: "The remodeling won't be an obvious change that patrons will notice."

Monday morning, Pontillo's restaurant in Batavia closed up shop temporarily for renovations. "It's all good," owner Sam Pontillo told Daily News reporter Joanne Beck. In that article, which appeared in the Tuesday edition of the Daily, Beck wrote that Pontillo "expects to re-open ... within a couple of weeks."

One has to wonder if that's really the case. Owing to an anonymous tip, The Batavian has learned that "Pontillo's Pizzeria" in Batavia owes more than $112,000 in unpaid taxes to the New York State Department of Taxation and Finance. In an attempt to collect those funds, the state department has issued six tax warrants to "Pontillo's Batavia Pizzeria Inc." totalling $58,379. Another roughly $53,000 in unpaid taxes were the subject of warrants issued to other "trade" names of Pontillo's.

Finance Department Spokesperson Susan Burns:

"Generally, the tax department tries to work with the taxpayer and work on some sort of negotiated settlement in order to satisfy those warrants. Generally we like to see everything come to a positive outcome, and that's generally what happens in these situations. Sometimes, is there a time when a business is seized? Yes, that happens also."

No seizure of property has yet been made by the state, however, Burns said. Pontillo's is not faced with any deadline when the taxes must be paid. Burns stressed that the department does its best to negotiate a settlement before it comes to legal seizures.

In a records search at the Office of the Genesee County Clerk, The Batavian turned up six tax warrants issued to Pontillo's Batavia Pizzeria Inc. Two of those were for withholding tax, three for sales tax and one for corporate tax, explained Burns. They were issued between March 28 and October 17, of this year. All are still outstanding.

In addition to these, we discovered another tax warrant issued to "Sam's Tomato Pies Inc." and "Pontillo's Pizza" in the amount of $36,117.80. Another warrant in the amount of $17,585.03 was issued to "Pontillo's Pizzeria." Burns explained that "Pontillo's Batavia Pizzeria Inc." has been trading under the name "Sam's Tomato Pies Inc." for about a year or so now. Pontillo's Pizzeria is the sort of general rubric that comprises the Batavia Pizzeria Inc. and Sam's Tomato Pies. That entity is responsible for all of the owed taxes listed under all three "trade" names, which amounts to more than $112,000.

A warrant was also issued to Pontillo's Batavia Pizzeria Inc. by the New York State Department of Labor in the amount of $1,640.92. The Workers' Compensation Board of the State of New York has also filed a judgment in the amount of $1,250, in addition to a civil suit filed with the state's Supreme Court.

Whether this is related to the recent closure of Pontillo's, we cannot say. The Batavian tried to contact Sam Pontillo earlier today. We left a message at the Pontillo's restaurant in Le Roy at 3:30pm. We also tried a telephone number listed for John Pontillo in the Batavia phone book, but that was disconnected.

For those of us who know, all of the commercials on television that tout the greatness of this or that fast-food patty have got it all wrong. No Wendy's or Burger King or MacDonald's slab can hold a candle to a real, fresh ground beef burger made from scratch.

When we first began to sample the culinary bounty of Batavia back in May, I was sure that I had found the best hamburger to be found at Jackson Street Grill. It was thick, grilled and seasoned almost the way my Italian grandfather would do it: as if it were a meatball.

Then, last week, I stopped by the Alabama Hotel for lunch and ordered their half-pound burger. It, too, was thick, grilled and seasoned to perfection. Plus it came with fresh-cut french fries. Now I don't know who has got the best. Nor have I tasted all that's out there.

So I turn to you, trusted readers, to help settle this age old debate once and for all: Who's got the best burger in Genesee County? Feel free to send us your photos as proof. Because a good-tasting burger is often a good-looking one, too.

Larry's Steakhouse is set to open this Thursday for lunch and dinner. Larry's is located at 60 Main Street, attached to the Genesee Country Mall, with front-door access on Main Street.

We stopped by the restaurant today to wish them well and find out more about what they've got to offer. You can download the complete menu here. We also asked owner Steve Mullen if he could describe the place in a single sentence. He told us: "It's a great new dining experience with a very affordable menu." They've got everything from Guinness artichoke dip to marinated Mahi Mahi.

It's not hard to guess that steak is the specialty. Steve recommends the everyday steak special: a 14 ounce NY Strip, with a cup of chili or soup de jour, a salad and a side for $17.99.

Does Alex's Place have the best ribs?

That's what blogger Josh Hatcher says:

I had the Half Rack Lunch Special - Garlic Ribs with BBQ on the side, coleslaw, fries, and a bowl of Cheesy Pepperoni Soup.

These were by far, the best ribs I've ever tasted in my life, and perhaps the best restaurant I've ever been to in my life.

The establishment looks like an old speak-easy, and it was a little darker inside than I prefer, but again, the food was ABSOLUTELY amazing, and if any of you are in the neighborhood, I highly recommend getting ya' some ribs!

Batavia has an amazing number of good restaurants. I'm on a mission to try them all.  I haven't been to Alex's yet.  I guess it needs to move up on my priority list.

This morning, breakfast at the Pok-A-Dot.

True greasy spoons are treasured finds these days. The Pok-A-Dot is a classic.

From the moment I walked in, I could see the crowded counter was full of local residents who probably had been coming there for years.

As I saddled up on an empty stool, I quickly observed -- no printed menus. Speedy decision, go for the safe, sure-to-serve choice to save fumbling over options and giving myself away as a first-timer (as if that wasn't obvious from the get-go), so I went for coffee, eggs, sausage, hash browns and toast.

A word about the coffee: It will wake you up in the early morning. 

The young ladies cooking and serving the food were friendly and knew everybody in the joint but me. The conversation was personal and never touched on anything more weighty than whether to pick the chocolate or glazed donut. It made for a relaxing meal.

As I've written before, Batavia benefits from an abundance of dining establishments.  My goal: To try them all.  Any suggestions for lunch today?

Meanwhile, Philip and I will be spending the better part of today hanging out at Main Street Coffee (our permanent office is near ready).  If you stop by, please be sure to say hello, and the coffee will be on us.

UPDATE: Using Google Image search to see if there were any pictures of the Pok-A-Dot floating around on the Web, I found "The Cyber Pok-A-Dot," a large collection of photos of Pok-A-Dot customers.  Very cool.

Don't let anyone ever tell you that Batavia doesn't have good food. You have already heard us rave about the tacos de asada at Margarita's on Jackson Street — personally, I've already been back a few times. And, if you've entertained even a passing interest in our daily goings-on here at The Batavian, you would know that we've happily sucked down our fair share of lattes at Main Street Coffee, our current base of operations.

Well, today, I took off in search of some more unknown territory — political, edible and otherwise. After a stop at the Batavia Town Hall and the county historian's office, I made my way to Oliver's Candies on Main Street... for a taste.

Jeremy Liles manages the place these days. He smiles and jokes the way I imagine anyone would who spent their life and career in a candy store.

He told me that, though the candy is the main draw, Oliver's is sought out just as much for its roadside sign — a relic from an America few of us can even recall first-hand, back when we still danced with flappers, still spoke of Reds and fascists, still made phonecalls through a switchboard operator. But it's exactly that kitschy history appeal that landed a photograph of the sign on the Web site of a cross-country chronicler of "roadside architecture" — a fine profession or hobby, if I say so myself.

That being said, it's most certainly the sweets that run the show at Oliver's.

"People love candy," says Jeremy. "That's all there is to it."

...and from sweet to salty, my day only got better when I ducked out of the cold sun into the warm dark of O'Lacy's Irish Pub next to Jackson Square.

You could almost smell the mutton from outside. You could almost taste the bitter black porter when you're barely through the door. O'Lacy's doesn't mince words. It's as Irish a joint as they come.

And that's all well and good. I've been to plenty of Irish pubs on this side of the Atlantic and the other. They've all got the beer and the decor to make the claim, sure. But O'Lacy's has the nosh to prove that they dive further into the culture than just a few leprechaun jokes and clovers.

Chicken and biscuits were on special. Beef on Weck was likely a can't miss.

But I'm a sucker for a toasty reuben.

Mine came as thick as an elephant's ankle. It was sloppy, hot and delicious. More man than I am, no doubt. Which was fine, since I felt like more of a man having tackled it. Though I must admit that I couldn't quite wolf down the last scraps of corned beef and sauerkraut (slathered in Thousand Island dressing) that squeezed out of my grasp and onto the plate. As my waitress said: It's quite a sandwich. Maybe next time.

Cheers.

During our years as residents in San Diego, my wife and I developed a strong preference for "street tacos".

You might say, street tacos are a Tijuana delicacy. If you visit any town immediately south of the San Diego border, you can buy street tacos.

Where you do you get street tacos?  On the street, of course. In New York, you find hot dog stands on many corners.  In Tijuana, there are taco stands.  What they serve mainly are grilled steak (spiced and called carne asada), tomato, white onion and cilantro piled on two small corn tortillas -- adding anything else to a street taco is like making a martini with vodka instead of gin ... it's just not as good, not as pure (and absolutely forget chocolate or apple).

A lime on the side is nice, but not required.

Of course, throughout most of California you can find many restaurants and taco stands that serve street tacos.  In New York, not so much.

The closest thing we've found so far (after much searching in the Rochester area) is at Margarita's on Jackson.  Printed on Margarita's menu is an item called tacos de asada.  When ordered, you receive two or three (I've been there twice -- got two once, three the first time) tacos -- double corn tortillas piled with carne asada.  The tomatoes and onions are served on the side with green sauce.  To get a true street taco, you must carefully fork out the onion and tomato, leaving the green sauce behind.  There is no cilantro. :-(

That said, I'm very happy I found Margarita's.

Here's one of the great things about Batavia (among many we've found so far) -- lots of family owned, non-chain restaurants. We've been to three of them so far (Margarita's, Jackson Street Grill and Central BBQ) and they've all been a treat.

There's nothing particularly wrong with chains, of course. They have their place and serve their purpose, but nothing beats a good meal at an independent restaurant.  Here's to hoping the city leaders act responsibly to protect Batavia's family restaurants.  They are important to a community's identity and help give it it's own flavor.

Leave your restaurant recommendations in the comments. I want to try them all.