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Tomorrow the last day for burger or pizza from Jackson Street/Belladessa's

By Howard B. Owens

Jackson Street Grill/Belladessa's, one of Batavia's more popular dining establishments, is shutting its doors.

Owner Jim Kujawski said this afternoon that the restaurant's last day will be tomorrow.

In a statement, Kujawski said:

I have decided that the sacrifices of running a restaurant are not worth it anymore. The first thought through everyone's mind is that the business is doing bad. That's not true. Of course the economy has had a negative effect on sales over the past 2 years but this was not the deciding factor. Working 7 days a week, 10-12 hr days, year round gets old after awhile. I want to go back to having some semblance of a life again and spending time with my wife and family. We did have a party interested in continuing the business but backed out at the last minute last week.

Kujawski opened Jackson Street Grill in 2006. It is known for big juicy hamburgers, including a huge cheese burger that patrons were challenged to eat. In 2008, Kujawski acquired Belladessa's and moved the pizzeria from Main Street to Jackson Street. Belladessa's had been around since 1997.

Basement fire at 13 Walnut St., Batavia

By Billie Owens

An electrical fire is reported in the basement of a house at 13 Walnut St. in the City of Batavia. The occupants have been evacuated and there is smoke coming from the building.

City Fire Department is on scene.

UPDATE (2:33 p.m.): The fire is knocked down. National Grid has been notified about the problem inside the electrical fuse box. Firefighters are "checking the extensions upstairs."

UPDATE (by Howard): Julie Worthington and Mary Kay Mayeu were sitting at the dining room table talking when they heard some loud buzzing pops and the lights flickered. Mayeu told Worthington she better get the kids out of the house.

"I think there's something going on downstairs," Mayeu said she told Worthington. "I looked downstairs and I could see flames. You couldn't see past the water heater, but you could see a yellow presence."

At that point, Worthington said, the smoke detectors hadn't even started beeping.

"We were actually out of the house before the alarms started going off," Worthington said.

Show off your costume in the annual Holloween Parade on Sunday

By Billie Owens

The 18th annual Halloween Parade is this Sunday. Start time is 1 p.m. and participants should gather behind Batavia City Centre at Dan's Tire Shop at 12:45 p.m.

The parade will go from City Centre on Main Street down to Pontillo's pizzeria.

The Batavia High School Marching Band will kick things off and there will be treats from Oliver's Candies for the first 100 kids in costume. At the end of the parade, Pontillo's will provide everyone dressed in costume with a free slice of pizza and apple cider.

A juggler named "Gravitational Bull" will give a juggling demonstration and create balloon animals for youngsters.

The entertainment is sponsored by the Batavia Youth Bureau.

Batavia Area Jaycees are managing the event and will assist the Batavia Police Department in temporarily blocking off related street entrances during the parade.

Youth Bureau Interim Director Toni Funke says she'd like to see families take part in this fun event.

No rain date. Updates of cancellation due to bad weather will be broadcast by 11:30 a.m. on WBTA. For more information, call the Youth Bureau at 345-6420.

High bail set for Harvester Avenue burglary suspect

By Howard B. Owens

A Batavia man with an apparently lengthy criminal record, who was arrested at least three times in the past few months, will need to come up with $50,000 if he wants to get out of jail while his newest felony charges are pending.

Michael J. Piasta, 30, of 415 E. Main St., Batavia, was arrested earlier this week on a charge of burglary, 3rd, and criminal possession of a forged instrument. He is accused of breaking into a business office on Harvester Avenue, stealing credit cards and checks, using the credit cards and attempting to cash the checks.

When arrested, he was arraigned in Batavia City Court, but because Piasta has two prior felony convictions, the lower court could set bail and the justice ordered him held without bail. His attorney, William Teford, requested a bail review hearing in Genesee County Court.

At the hearing, Teford argued that despite his client's lengthy criminal record, all of his immediate family lives in Batavia, he's never left Batavia and he has a job. Teford asked for bail of $5,000 to $10,000.

District Attorney Lawrence Friedman argued that Piasta has a history of violating probation and parole and, though neither of the prior felony convictions were for violent crimes, Piasta is facing possible "persistent felony offender status," which means a longer prison term.

In the pre-bail review report, Friedman noted that Piasta's employer, a local contractor, says he "doesn’t know if he’d have job if released due to trouble he’s been in recently."

Friedman asked that Piasta continued to be held without bail.

Previously:

Police Beat: Driver accused of fleeing scene of accident

By Howard B. Owens

Gary L. Bonk, 34, Gillette Road, Albion, is charged with aggravated unlicensed operation of a vehicle, 2nd, leaving the scene of a personal injury accident, speeding, driving left of pavement markings, and failure to yield to emergency vehicles. Bonk was reportedly seen speeding on Route 98 and passing a car in a no-passing zone on Route 98 at 3:01 a.m. When a patrol car attempted to stop Bonk's car, Bonk reportedly drove it into a ditch and then fled the scene. When Bonk allegedly drove the car into a ditch, his passenger was injured (though the passenger did not seek medical treatment). Bonk was reportedly found later walking on Route 98.

A 17-year-old from Albion was charged with making a punishable false written statement. The youth is accused of signing a false statement regarding an incident involving Gary L. Bonk.

Bryan D. Wright, 50, of Telephone Road, Pavilion, is charged with harassment. Wright was allegedly involved in an incident at 4:25 p.m., Oct.12, at a location on St. Mary's Street, Pavilion. He is accused of grabbing and choking another man during an argument.

Brett Blair, 26, of Batavia, is charged with three counts of criminal possession of stolen property, 4th, and three counts of forgery, 2nd. Blair was arrested by State Police on Wednesday in regards to an alleged incident Aug. 10 in Greece. It appears to involve credit cards and tokens. No further details were released.

Alleged failure to yield blamed for accident

By Howard B. Owens

A driver allegedly failed to yield the right-of-way, leading to a minor injury accident at the intersection of Bank Street Road and South Bennett Heights yesterday morning.

The 7:57 a.m. accident sent Tonya L. Passamonte, 45, of Washington Avenue, Batavia, to UMMC, but neither the driver nor the passenger of the other car were injured.

According to a report prepared by Deputy Chris Parker, a 2003 Dodge pickup driven by Elizabeth A. Bruns, 42, of South Bennett Heights, Batavia, was westbound from South Bennett Heights when she "failed to yield the right-of-way" at the intersection, rolling past the stop sign.

The report does not list any citations issued.

Passamonte was driving a 2008 Chevy SUV.

Bruns' passenger was 16-year-old Mary C. Boerschlein.

(Initial Report)

Two cars collide at the roundabout

By Billie Owens

A two-vehicle accident is reported at the roundabout in Batavia. There are injuries and Mercy EMS and the Batavia Fire Department are responding. Batavia police are on scene, at South Main and Walnut streets.

UPDATE (6:45 p.m.): Personnel there say extrication is needed.

UPDATE (7:05 p.m.): The "extrication" consisted of prying back a dented door to allow the passenger inside to get out. Injuries are minor. This accident involved a minivan and a four-door sedan.

Elmira woman convicted of manslaughter in death of Batavia toddler

By Howard B. Owens

An Elmira stepmother was found guilty of manslaughter today in the death of a 21-month-old toddler from Batavia.

Melissa Engelhardt, 24, was convicted in a non-jury trial. Chemung County Judge Peter C. Buckley found Engelhardt not guilty of second-degree murder.

Andrew Cianfrini, of Batavia, died Nov. 10, while in the care of Engelhardt.

An autopsy found methanol in the child's body. Methanol lowers the temperature of water to prevent it from freezing. It can be fatal if ingested. Methanol was also found in the toddler's sippy cup.

(Read the full story from the D&C).

John Kennedy first-graders get lesson in Albany politics

By Howard B. Owens

Jessica Wassink's first-grade class at John Kennedy School got a visit from their assemblyman today.

Steve Hawley walked into the class at 2 p.m. and was eagerly greeted by the young students -- some of the boys even wore ties for the occasion.

They immediately began fielding their suggestions for legislation. Hawley talked some about what goes on in Albany and answered their questions, keeping everything in terms they could understand.

Arsonist blames conviction on police and perjury before getting 20-year sentence

By Howard B. Owens

An arsonist who tried to kill his ex-girlfriend's father will spend 20 years in prison, Judge Robert C. Noonan ruled today.

The sentencing of Andre L. Scott came near the close of a bizarre hearing in which Scott let it be known that he thought a juror in his trial behaved improperly, that his constitutional rights were violated in a previous conviction out of Monroe County, and that his ex-girlfriend perjured herself under pressure from Batavia Police detectives.

He also accused the detectives of tampering with evidence.

"Everybody in this courtroom knows what happened," Scott said. "They took my DNA and put it on there, on the evidence."

Since Scott's conviction on Aug. 31 following a jury trial, the 31-year-old former Rochester resident fired his trial attorney, Thomas Burns, and was assigned local defense attorney Fred Rarick.

Today, Scott let it be known that he plans to appeal his conviction.

A jury found that Scott attempted to kill his ex-girlfriend's father by pouring gasoline on the stairs of the man's Batavia residence at 12 Elm St. and setting it afire in February 2009. 

He was convicted of attempted murder, arson and burglary.

"The defendant started a fire in the stairwell where, if he had been successful, it could have resulted in the death of four people in that residence," District Attorney Lawrence Friedman said. "Only through the prompt response of the fire department did it become a situation where nobody was harmed.

"His continued attitude, and what he said to probation during the presentence investigation, communicates loud and clear that, unless I've missed something, I see no mitigating factors to suggest this defendant should get any less than the maximum, 25 years."

Given a chance to speak in his own defense, Scott immediately launched into a rambling complaint about wanting to file a 330 motion (a motion contesting his conviction), but the jail didn't send it over in a timely manner, the court didn't get it, and something about a juror who is related to somebody who works in corrections.

Noonan tried to get Scott back on track, at which point Scott started to complain about evidence being tampered with and asking that the evidence in his case be taken out of Batavia Police custody.

Noonan cut him off.

"One thing I've noticed about you, Mr. Scott, from the very first time you came before me, is that you focus on entirely different matters than what everybody else is focused on," Noonan said. "You make allegations that have no basis in fact and bring up issues not being discussed, and anyone -- including your own counsel -- who tries to  get you to focus (is ignored).

"When I give you every opportunity to tell me what sentence should be imposed, you go off on where evidence is stored and 'what everybody knows,' whatever that means."

After telling Scott that he "committed one of the most serious crimes in our law," Noonan pronounced sentence and then asked if the district attorney's office had any requests for orders of protection.

Friedman requested orders of protection for Scott's ex-girlfriend, her father and one of the witnesses in the case.

"Any objections?" Noonan asked in what is normally a very routine matter at criminal sentencing.

"No, your honor," said Rarick.

"Yes," said Scott loudly, going on to say that his ex-girlfriend had spoken with his mother after she testified and said that police had threatened her if she didn't lie on the witness stand.

After some consultation with his client, Rarick offered up Scott's objection.

Noonan ruled that, if in the circumstance that Scott winds up representing himself and needs to interview her, the order can be modified, otherwise he was issuing the order of protection.

A federal forgery charge filed against Batavia woman

By Howard B. Owens

A 55-year-old Batavia woman is accused of forging her boss's signature on company checks and depositing the funds in her personal bank account.

Deborah Dutton faces a federal charge of making and possessing forged checks. The maximum penalty is 10 years in prison or a $250,000 fine or both.

Dutton is accused of stealing in the neighborhood of $77,000 from her employer, A1 Sheet Metal Company.

The arrest is the result of an investigation by Special Agents of the U.S. Secret Service, under the direction of Special Agent-In-Charge Tracy Gast.

Halloween display catches fire at Boces

By Billie Owens

A mechanical Halloween display at Boces malfunctioned and caught fire about 15 minutes ago. People at the school, located at 8250 State St. Road in Batavia, put the fire out. A fire engine from the City of Batavia was called in, nonemergency mode, to check out the situation and ensure all is safe.

Police Beat: Duo accused of using abusive and obscene language in public

By Howard B. Owens

Latifa Aminya Abdullah-Muhammad, 19, of Tibbets Road, Medina, and Merle Franklin Agee, 19, of Ontario Avenue, Niagara Falls, are charged with disorderly conduct. Abdullah-Muhammad and Agee were reportedly at 8204 Park Road, Batavia, at 7:54 p.m., Sunday, where they allegedly used abusive and obscene language while in a public place.

Porfirio Diaz Gomez, 35, of Merriman Road, Byron, has been charged with illegal entry. Gomez was taken into custody at 5:15 a.m., Sunday by Deputy Frank Bordonaro and turned over the the U.S. Border Patrol.

Accident with injuries reported on Bank Street Road

By Howard B. Owens

A motor-vehicle accident with injuries has been reported at State Street Roads and South Bennett Heights Road, Batavia.

Town of Batavia Fire and Mercy EMS are responding.

First responder reports one car is in a corn field, the other is on the road.


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After decades of setting the pace for City Court, chief clerk retires

By Howard B. Owens

More than 100 members of the local legal and law enforcement community were at Bohn's tonight to pay tribute to Linda Giambrone, who is retiring after 39 years of service as a clerk at City Court.

Giambrone started her career in 1971 and became chief clerk in 1976.

Speakers praised Giambrone for her knowledge of the court system, her memory for repeat offenders and her kindness toward all the people she came in contact with.

Above, judges Michael Del Plato, left, and Robert Balbick present her with a certificate of appreciation.

UMMC sets cornerstone on new surgical wing

By Howard B. Owens

Officials were on hand today at the new surgical wing of United Memorial Medical Center for the setting of the cornerstone.

Above, masons Ken Maurer, left,  and Jeff Crevier, set the cornerstone into place.

The expansion project represents a $19.5 million investment by the hospital. It will contain five new technologically advanced operating suites, a treatment room and 19 recovery beds. The project is scheduled to be finished by Dec. 15.

After the brief ceremony, guests were invited to tour the still-under-construction facility.

More pictures after the jump:

CEO Mark Schoell addresses the group on hand for the cornerstone setting.

Schnoell with Rev. Ken Comer watching Maure and Crevier place the cornerstone.

Brian and Michelle Trott are to the left in this picture with their children Brandon and Ashley. Michelle is the architect for the UMMC expansion. She was born at UMMC and her parents still reside in Bethany. Brian is the architect for Pembroke Central Schools.

Schoell called this "the big room." It's the biggest of the surgery suites.

Head injury reported following accident outside Target

By Howard B. Owens

An accident has been reported in the Target parking lot, between the store and the AT&T Store.

One person is complaining of a head injury.

Mercy EMS and Town of Batavia Fire are responding.

UPDATE 4:11 p.m.: A fire crew is standing by at headquarters. A chief reports, "the fire department isn't needed here." The first responding Mercy ambulance said the second ambulance could go back in service.  Also, the fire chief on scene has requested that law enforcement respond.

Neptune's Garden celebrates 25 years in business

By Howard B. Owens

When Nick LaFarnara was a kid, his father opened a pet store in Batavia and Nick worked there from the time he was 5 years old.

He loved it.

But when Anthony LaFarnara was injured in a work-related accident at Doehler-Jarvis, the family had to close the pet store.

But young Nick never forgot.

"That was it," said LaFarnara. "I just couldn't get it out of my system."

In October 1985, LaFarnara and his ex-wife, reopened the store at a location on Ellicott Street. Although LaFarnara would later remarry and move the store to its current location at 33 Liberty St., Batavia, it is still going.

Neptune's Garden specializes in fish -- lots of fish, exotic and freshwater and saltwater and just plain old guppies and goldfish. It's also a favorite place for birds and reptiles.

Occasionally, they have kittens or puppies available for adoption and they also make a bulletin board available for anybody who has a pet to give away.

"Even though we don't make any money on it, it's better than seeing a pet killed," said Kathy LaFarnara, Nick's wife of about 10 years.

Kathy met Nick when she was a legal secretary for an attorney handling Nick's divorce. He told her he owned a pet store.

"I thought, 'big whoop,'" Kathy said. "I'm allergic to everything in your store."

As somebody who grew up never owning pets, she soon fell in love with having animals around.

"They run up to the door to greet you, they sleep in your bed, they just love you, and I realized, 'this is great,'" Kathy said. "I take a lot of medicine to work here."

Kathy mostly handles the birds, the reptiles, the grooming and the saltwater fish. Nick takes care of ordering, the freshwater fish and pretty much everything else.

Besides selling pets, the LaFarnaras give tours to local schoolchildren and bring pets into schools so they can learn about different kinds of animals.

"We tell them what it's like to own a business, take care of the pets and never get to take a vacation," Kathy said.

Photo: Downtown parking enforcement

By Howard B. Owens

A person alerted me earlier that a parking enforcement officer was on Center Street chalking tires. I went out to try and get a picture, but couldn't find him, only the chalked tires (FWIW, this picture is not of my car. Mine was in a parking lot with one chalk mark at the time).

The person who told me about the tire chalking said she had never seen parking enforcement downtown before. I spoke to a business owner and another office worker -- who always parks on the street -- and neither of them had seen it before. One shop owner remembers parking enforcement one day last summer.

I called Chief Randy Baker to ask if this was something new or what's going on? He said nothing has changed.

"I beg to differ that people haven't seen him out before," Baker said.

Baker said there is a two-hour parking restriction downtown and the city employs a part-time parking enforcement officer who monitors parking, addresses problems when he sees them and responds to complaints.

I asked the chief for statistics on the number of parking tickets written per month and he said that number should be available in a couple of days.

Police Beat: Alabama man arrested on drugs and weapon charges

By Howard B. Owens

Terrance D. Bauer, 48, of Church Street, Alabama, is charged with criminal possession of a weapon, 3rd, and criminal possession of marijuana, 5th. Bauer was taken into custody by the Genesee County Local Drug Enforcement Task Force following the execution of a search warrant at his residence on Oct.15. Bauer was allegedly found in possession of marijuana and a billy club, which he cannot legally possess. Bauer was released on his own recognizance following his arraignment in Town of Alabama Court.

Craig A. Tiberio, 21, of Lathrop Avenue, Le Roy, is charged with assault, 3rd. Tiberio is accused of getting into an argument at a residence on St. Mary's Street, Pavilion, and punching another person in the face causing physical injury.

Robert Adam Barnhart, 25, of East Main Street, Batavia, is charged with grand larceny, 3rd. Barnhart was arrested on a warrant out of Wyoming County.

Aaron John Gugel, 18, of Donahue Road, Batavia, is charged with unlawful possession of marijuana. A K-9 handled by Deputy Brian Thompson reportedly alerted on Gugel's car, parked at 260 State Street.

Sharmice Shantell Gibson, 18, Wood Street, Batavia, is charged with unlawful possession of marijuana. A K-9 handled by Deputy Brian Thompson reportedly alerted on Gibson's car, parked at 260 State Street.

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