batavia

A local landlord appeared in County Court today to enter a not guilty plea to a four-count indictment that accuses him of falsifying records and stealing Section 8 rent money from the state.

The charges stem from a dispute, said his attorney Fred Rarick outside of court, between James Pontillo and officials in Genesee County (see statement at bottom of the story for clarification) over the proceeds from the estate of Jeanne Veronica Pontillo, the 25-year-old sister of James Pontillo who died in 2012 from a rare form of cancer.

“There’s a lot more to this than him going out and saying 'I’m going to rip off my estate,' " Rarick said.

Jeanne Pontillo was not an official business partner with James Pontillo, but she helped him with his real estate investment business, Rarick said.

“If you just look at the history of James and his sister, they worked together very well for many, many years," Rarick said. "I’ve known Jeanne and James and I saw the way they worked together. She did the office and James bought the properties and refurbished them. They had an incredible relationship.”

James Pontillo is Jeanne's sole heir. Her estate included her personal residence.

After her death, James continued to manage that property, even renting it out with, according to Rarick, the blessings of the County Treasurer's Office (see statement at bottom of the story for clarification)​.

Everything was above board, Rarick said.

James Pontillo even paid all of the taxes on his sister's property. He also paid all of the funeral expenses instead of waiting for the estate to do it, Rarick said.

“Because," Rarick said, "ultimately he said, ‘it’s all coming to me anyway.’ ”

There are other allegations related to the handling of the estate by the County, but documentation was not immediately available.

Most arraignments are uneventful but two issues came up during Pontillo's arraignment today: A dispute over whether Pontillo had previously violated his release under supervision contract and a really unusual dispute over an order of protection.

There was a prior allegation that Pontillo left the county without properly notifying Genesee Justice. He apparently went to Monroe County to deal with property he owns there. According to Rarick, the issue was amicably resolved because there was some question as to whether the proper message got to the proper person at Genesee Justice, but Pontillo had called Genesee Justice about his plans.

As for the order of protection, typically, a temporary order of protection is issued to a defendant barring contact or harassment by the defendant of the crime victim, persons making an allegation or key witnesses. 

District Attorney Lawrence Friedman tried to make just that point to Interim Judge Micheal Pietruszka today when a disagreement arose over an order barring Pontillo's contact with County Treasurer Scott German.

Pietruska asked Friedman if he anticipated any trouble and Friedman said he doesn't typically ask for orders of protection because he anticipates trouble, but because he wants to ensure there isn't a problem.

The request for an order left the territory of ordinary when Rarick noted that because of the ongoing estate case, Pontillo might have contact with German. Friedman said he wasn't aware of any example of anybody being arrested because they had contact with a person during normal court proceedings.

Pietruszka amended the order to ensure it didn't cover legal proceedings and Friedman expressed concern that the language was too vague.

At that point, Pietruszka plopped a big book of statutes on his desk and started thumbing through it and then read a passage covering the need to show cause for an order of protection. He then pressed Friedman to show cause.

Friedman said he didn't come prepared to argue that point because of the routine nature of an order of protection, so he didn't have the specifics in front of him, but there had been, he said, communication between Pontillo and German that would be of a concern.

Rarick then objected to the order, noting that the DA had failed to show cause. Pietruszka asked for the signed copy of the order back, said he was vacating it and ripped it up.

Pontillo was released under supervision of Genesee Justice.  

Previously: Landlord accused of falsely claiming to own a dwelling in Batavia (we've covered James Pontillo extensively over the years and this story contains links to most of that prior coverage).

Photo: File photo of James Pontillo at his property in Stafford.

UPDATE: 4:50 p.m.: We emailed Scott German to give him a chance to respond. Here is his statement:

I will not comment on pending litigation. This litigation has nothing to do with the county, other county officials, or county attorney’s. The only reason I am involved is because I am the county treasurer and according to NYS law, when surrogates court determines there is no one qualified to serve as administrator of an estate, the surrogate names the county treasurer; I don’t get a choice. Apparently, at the time, the court determined no one was qualified to serve and I was appointed.

A Level 3 sex offender facing a possible life sentence on his latest charges of alleged sexual conduct with a child won't get a chance to make bail, Interim Judge Micheal Pietruszka ruled in Genesee County Court this morning.

The convicted sexual predator facing new sex crime charges now also stands accused of lashing out while at the Genesee County Jail and injuring another person and causing damage to county property.

Marlek E. Holmes was arraigned in County Court this morning on three sealed indictments.

The first indictment contained counts of assault in the second degree, a Class D violent felony, and criminal mischief in the third degree.

Holmes allegedly attacked another person while at the jail on Oct. 30 and also damaged a holding cell that day.

The other two indictments contain a total of 29 counts of criminal contempt for allegedly violating a restraining order by contacting another person.

Holmes, who is being held without bail, was escorted into the courtroom by a Sheriff's deputy.

Already a Level 3 sex offender, Holmes was arrested in late October on charges of two counts of predatory sexual assault, two counts of predatory sexual assault against a child, two counts of incest in the first degree, sexual abuse in the first degree, rape in the third degree, criminal sexual abuse in the third degree and two counts of incest in the third degree.

The Buffalo attorney who has been by the side of Jacquetta Simmons throughout most of the Batavia woman's court appearances since 2012 has apparently had enough.

After Simmons failed to appear in City Court yesterday to be sentenced on a harassment conviction, Ann Nichols asked to be taken off the case.

The judge told her to submit her request in writing.

Simmons made international news on Christmas Eve 2011 when she delivered a "roundhouse punch" to the face of an older cashier at Walmart.

The case eventually went to trial, Simmons was convicted and given a lengthy prison term by Judge Robert C. Noonan. That sentence was overturned by a higher court and Simmons was sent to jail for a year.

The harassment charge stems from an altercation with a woman at an event at a local nonprofit's meeting room.

A warrant had to be issued for Simmons arrest after that case. She was eventually located and arrested.

With her failure to appear yesterday, Simmons is again on the wanted list.

Via our news partner WBTA.

Press release:

With courses spanning the fields of accounting to veterinary technology, criminal justice to communications, sports management to supply chain management, healthcare to human services -- and many more, the spring 2017 semester at Genesee Community College offers something for everyone! Register now to ensure your seat! Classes begin Tuesday, Jan. 17.

One of GCC's newest courses is Introduction to Solar Manufacturing (CHE193) taught by Brian Fraser, Ph.D., assistant professor of chemistry. The new course provides overview of the solar manufacturing industry including the latest technology, production and the growing market for the newest high-tech industry that promises to bring hundreds of new jobs to Western New York. Students will understand where and how the new local companies, Solar City and 1366 Technologies, fit within the solar industry and landscape. Through this course, students can explore if this may be a new career opportunity for them, and if so, the best pathway to pursue it.

"Anyone interested in solar energy and science will find this course very helpful. There will be enough information to help students appreciate careers in nanotechnology and other sciences, and understand the emerging developments in the solar industry. It is also a great general education elective with a focus on the future," Fraser said. "The hybrid format of the course also provides some flexibility with in-class and online requirements."

There is no prerequisite for CHE193, which meets Wednesdays from 1:25 – 2:45 p.m. at the Batavia campus starting Jan. 17 and running through May 13. Additionally, Professor Fraser will use a variety of freely accessible resources that include up-to-date information, rather than requiring purchase of a textbook.

GCC offers more than 70 degree and certificate programs, including more than 15 degrees that can be completed 100-percent online. Most degree and certificate programs feature online or hybrid courses and at least 50 percent of each program can be completed online without attending class at a campus center location. In addition, every course in GCC's Computer Information and Networking Technology program offers at least one section that uses the 360-degree learning model enabling students to learn anytime, anywhere and on any device. The instructors in these courses deliver two-way, interactive instruction in the classroom and/or online through personal computers, laptops, tablets and other smart communication devices. All course material is recorded and stored in the cloud, allowing students to review and revisit a class lecture for clarification.

"Without a doubt, GCC remains at the cutting edge of new teaching and learning opportunities," said Rafael Alicea-Maldonado, Ph.D.,  (Dr. RAM), dean of Math, Science and Career Education. "We hope anyone who is even remotely considering college education will contact us soon. There are so many great and affordable options."

No matter what industry or field, regardless of age and educational background, and irrespective of geography due to GCC's many online courses and seven campus locations -- this spring semester is the time to enroll in a course at GCC. The spring semester starts Tuesday, Jan. 17. To review the class schedule which features hundreds of courses, go to: http://www.genesee.edu/courses/schedule/

Press release:

The Innovation Zone in the Upstate MedTech Center is hosting an event for businesses, entrepreneurs, and start-up companies regarding various incentives to assist their businesses.

The event will take place on Wednesday, Dec. 7^th from 9 a.m. to 11 a.m. at 99 MedTech Drive, Suite 107, Batavia. It’s free and open to all business leaders including entrepreneurs and start-up companies ready to take their business to the next level with increased research and Development (R&D) activity.   

Certified Public Accountants from FreedMaxick including, Don Warrant, Sam Disalvo, Joesph Burwick, and Nick Zoyhofski will present on a variety of topics ranging from how the federal research tax credit system works to incentives available from New York State companies.  The presentation will focus on the manufacturing, technology, life sciences, medical devices and the software industries.

In addition to FreedMaxick, sponsors include the Genesee County Chamber of Commerce, the Genesee County Economic Development Center, Livingston County Development, Orleans County Economic Development Agency and the Wyoming County IDA.

A two-car accident with possible minor injuries is reported at Veterans Memorial Drive and Lewiston Road, Batavia. 

Town of Batavia Fire and Mercy EMS dispatched. 

Dolce Panepinto is proud to announce the hiring of Attorney Kristin Allen and the grand opening of our new Batavia office located directly above the New York State Worker’s Compensation Board in the at 83 Main St., Suite 220, Batavia, NY 14020. Kristin has been practicing Workers’ Compensation law for the past 16 years and has been handling Workers’ Compensation claims on behalf of injured workers in Batavia for the past 10 years. Her vast knowledge of the Workers’ Compensation system combined with her remarkable work ethic and friendly personality make her an ideal fit for our legal team.

“It had long been a dream of my late partner Frank Dolce to have a Workers’ Compensation Department at Dolce Panepinto and we were able to make that dream a reality in 2013 with the hiring of Holly Schoenborn and Colleen Malchow,” explained Senior Partner Marc Panepinto. “The addition of Kristin Allen and the Batavia office are an extension of that dream. Kristin is a very intelligent attorney and an extremely hard worker. I know Frank would be proud to have her.”

Kristin joins attorneys Holly Schoenborn and Colleen Malchow in our dedicated Workers’ Compensation Department which works hand in hand with the rest of the Dolce Panepinto team. We take the team approach to practicing in the areas of Personal Injury, Workers’ Compensation, Social Security Disability, and all injury-related matters, which means that all of our clients' cases are evaluated by several attorneys to devise the proper legal strategy for each matter. You and your family may have the ability to file several types of claims relating to the same incident. We handle those claims simultaneously as a team, working hand in hand to ensure that you receive the best possible outcome.

When asked about her new position with Dolce Panepinto, Allen said, “I am thrilled to be joining a firm comprised of Western New York’s brightest and hardest working attorneys. Working in a true team environment is a dream come true and I am excited for the results we will provide for my clients.”

All three of our Workers’ Compensation attorneys are available to speak to the leadership and/or membership of your union or volunteer fire department about Workers’ Compensation basics and the ways in which the law applies to your specific field. If you would like to find out more, or to schedule a presentation, please contact Carlos Torres at our Buffalo office at 716-852-1888.

Once again, our Batavia office is located directly above the Workers’ Compensation Board office at 83 Main St., Suite 220, Batavia, NY 14020. There is free parking in the rear and an elevator is available to reach the second floor. If you or anybody in your family has been injured and are in need of legal assistance, do not hesitate to contact Kristin today at 585-815-9003 for a free case evaluation.

Tesia Renee Plantiko, 24, of Harris Road, Le Roy, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument and criminal use of drug paraphernalia. Plantiko was arrested after police responded to a complaint at 9:50 a.m. Nov. 23 from a business on East Main Street, Batavia, that a woman had been in the restroom for more than two hours.

Joseph M. Marscelli Jr., 31, of Central Avenue, Batavia, was arrested on a warrant. Marsceilli allegedly failed to appear in City Court as ordered.

Francis W. Derenzo, 60, of Ellicott Street, Batavia, is charged with harassment, 2nd. Derenzo was allegedly involved in a domestic incident at 12:30 a.m. on Thursday.

Thomas J. Mitchell, 27, of West Main Street, Batavia, is charged with a violation of probation. He was jailed on $10,000 bail.

Dawn M. Newton, 56, of Crane Road, Medina, is arrested on a warrant. Newton turned herself in on the warrant, which is related to an alleged city code violation for deteriorating roof and gutters. Newton posted $350 bail and was released.

Shamir K. Aslam, 29, of Landstone Terrance, Rochester, is charged with criminal contempt, 1st, and criminal mischief, 4th. Aslam was allegedly involved in a domestic incident in violation of a court order and prevented a subject from contacting dispatchers for emergency assistance.

Richard Dean McKague, 26, of Main Street Road, Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. McKague allegedly pushed a person into a door and then kicked her. There was reportedly an order of protection in place. McKague was jailed on $500 bail or $2,000 bond.

Beth Kemp, who has been active in the Downtown business community since she and her husband, Brian Kemp, moved their business, T-Shirts Etc., to East Main Street in 2012, has been named the new executive director of the Business Improvement District.

Kemp replaces Laurie Oltramari, who resigned about two months ago, following a recruitment search by the board of directors that brought in potential job candidates from throughout the region.

Kemp thinks the board recognized her passion and commitment to Downtown.

"I feel there is a lot of potential for our Downtown and I would love the opportunity to bring it to the vision that I see," Kemp said. " I feel the board of directors is moving in the right direction. I think I’m able to collaborate nicely with all the organizations and the city. I have great relationships already established to move things forward."

In order to take the job, Kemp resigned from her director position with the Business Education Alliance.

The move seemed like a natural extension of her longtime involvement with the BID, she said.

"I've actually been in love with our downtown since we moved our small business down here," Kemp said. "I jumped on any opportunity I could take to get on all the committees to help with events to help other small business owners, so it just seemed like a perfect fit for me.  It’s everything that I love to do."

Since moving Downtown, T-Shirt's Etc., which started in the Harvester Center, them moved to the former WBTA building at Main and Harvester, before moving to East Main, has continued to grow and is now located on Center Street.

There's been some tension the past year or two between City Hall and the BID, but Kemp things will be smooth sailing going forward.

"For me personally, I’ve never had any tension or problem dealing with the City on any level," Kemp said. "They’ve always been very willing to help me with any event that we’re coordinating. Any committee I’ve been on, we’ve had great relationships. I don’t see that as being an issue at all."

The 400 Towers resident who admitted to baking his cat to death will serve the next five years on probation, Interim Judge Michael Pietruszka ruled in Genesee County Court today.

The defense attorney for Darren Annovi, Lisa Kromer, argued that jail was not an appropriate sentence for Annovi because he has had persistent mental illness and has suffered from mental health issues since childhood.

Annovi has limited intelligence and did not intend to harm his cat, she said, even though he knew it would die in the hot oven, he apparently thought it would painlessly go to sleep and pass away.

During the term of Annovi's probation he will not be allowed to own any pets.

Wendy Castleman with Volunteers for Animals was hoping for more. 

“I think the concern I would have is the signal it sends to the public," she said. "This is a person who killed an animal in a cruel way and received probation. So does that make it OK for other people?”

Via our news partner, WBTA.

Jordan Paul Fleming, 28, of East Bethany Le Roy Road, Bethany, is charged with third-degree sexual abuse. Fleming is accused of subjecting another person to sexual contact without that person's consent.

Fawn Lynn Marie Kaczmarek, 28, of Liberty Street, Batavia, is charged with criminal possession of a hypodermic instrument. Kaczmarek was allegedly found in possession of a needle during an investigation by Deputy Matthew Clor.

The Batavia High School Drama Club presents three performances this weekend of William Shakespeare's "Much Ado About Nothing," as dramatized by Trish Black Melchan.

Performances are at 7:30 p.m., Friday and Saturday, and at 2 p.m., Sunday, on the stage of the school's auditorium.

Tickets are $8 per adult and $6 for students and seniors.

The Cast:

Press release:

Daemen College men's basketball player Jeff Redband (Batavia, N.Y./Batavia) has been named the East Coast Conference Rookie of the Week for games held Nov. 21-27. The official announcement was made via the league's weekly men's basketball report, which was released this afternoon from conference headquarters in Central Islip.

Redband, a 6-foot-7 redshirt-freshman forward, averaged 13.7 points, 3 rebounds and 1 block per game in three contests last week, while also shooting 51.7-percent from the field (15-for-29) and 55-percent from three-point range (11-for-20). Redband's efforts helped Daemen pick up a pair of wins to push out to a 5-1 record this season.

Redband opened the week by posting the first 20-point outing of his career in Daemen's 90-79 road win at Edinburg University last Wednesday (Nov. 23). The sharp-shooting forward canned five three-pointers in the first half, scoring 15 of his 20 points in the opening frame. He ended the game shooting 7-of-13 from the field and 6-of-10 from long distance, while adding five rebounds in what was the 300th win in the career of Daemen Head Coach Mike MacDonald.

Two days later, Redband started 4-for-4 from the field and 3-for-3 from three-point range as Daemen raced to a 19-point halftime lead over visiting Slippery Rock University. He ended up sharing game-high honors with 16 points on 6-of-11 shooting (4-for-7 from three-point range) in the Wildcats' 12-point win (69-57). The victory moved Daemen to 5-0 for the first time since the 2012-13 season.

The Wildcats' winning streak was halted on Sunday with a 70-61 road loss at Mercyhurst University. Redband finished with five points, three rebounds and two blocks in a losing effort.

Redband's selection is the first weekly honor for a Daemen player this season. The Wildcats led the league in Rookie of the Week selections last season with six. Guard Jay Sarkis (Rochester, N.Y./Greece Athena), who is out for the entire 2016-17 season with an injury, was a four-time recipient, and Deion Hamilton (Rochester, N.Y./Greece Athena) earned the honor twice.

Redband and the Wildcats begin ECC play this week with a pair of road tilts. Daemen visits Long Island University Post on Wednesday (Nov. 30) and the University of the District of Columbia on Saturday (Dec. 3).

For breaking news and continuing coverage of the Daemen men's basketball team, follow @DaemenAthletics and @DaemenMBB on Twitter.

Photo courtesy Daemen Athletics.

UPDATE: I picked this up off of social media -- another former Batavia High School star having a good year so far at the college level is Jalen Smith, a guard at Hilbert College, who was the Alleghany Mountain Conference Player of the Week this week. "Jalen Smith led the hawks to a 1-1 record with averaging 27.5 points per game. He shot 57.7 percent from the field and 43 percent from the 3-point line. He led the hawks defense with four steal per game."

• There will be horse and buggy rides again this year. Purchase tickets at Adam Miller Toy and Bicycle. 
• Home Depot is hosting "Santa's Workshop" at 109 Main St. (The Newberry Building). Stop into the Hillside Children's Center for a craft, cookies and cocoa. 
• T-Shirts Etc. will be hosting a T-shirt coloring contest. The cost is $3 each with all the proceeds going to Don Carroll Toys for Kids. 
• Amy's Fluffy Friends is offering professional Photos with your pets, family and kids, with all proceeds going to charity. 
• Catch a bus to visit the Holland Land Office Museum’s Wonderland of Trees. The bus departs from the Save-A-Lot parking lot. 
• Pollyanna and Dot along with The Hidden Door will be offering a Christmas themed activity for children. They are also offering 15 percent off all full-priced items. 
• Warm up at the YNGodess with an adult only tasting and in store specials. 
• Stop into Art Ah La Carte to make a Christmas Ornament. For $2, children can make an angel ornament. All proceeds will benefit Josh Harloff to help pay medical bills due to battling leukemia.
• The First Presbyterian Church at 300 E. Main St. will be putting together a nativity walk during Christmas in the City. Walk through and view a variety of scenes from around the world and close to home. 
• The Batavia Concert Band will be playing in the mall concourse from 6 to 6:45. 
• Game-On will be having an open play in their new gaming lounge called the Warp Zone. They will have different games set up for kids to play, along with refreshments. 
• GO ART! is hosting the "Celtic Christmas in the City" with the Tullamore Celtic Band, Irish dancers, carolers and refreshments. 
• Adam Miller Toy and Bicycle will be offering Buy 1, Get 1 FREE on bicycle tune –up gift cards! They will also be serving their famous chili. 
• Mane Attraction is offering hair Tinsel at Christmas in the City! $5/ strand... get your holiday hair on!
• Stop in to Charles Men's Shop during Christmas in the City and check out their amazing new styles and holiday specials! 
• Bahama Bay Salon and Spa will be having a basket raffle. Enter to win a basket valued at more than $200, with gift certificates, clothing and more. 
• The Spa at Artemis is offering a special discount for Christmas in the City. Their $80 "Touch of Artemis" package is marked down to $65! 

Kayleigh Jean Allen, 24, of North Byron Road, Elba, is charged with felony DWI, felony driving with a BAC of .08 or greater and moving from lane unsafely. Allen was charged following an investigation into an accident reported at 2:36 a.m. Saturday on Route 98 in Alexander. The accident was investigated by Sgt. Jason Saile.

Maria Luisa Martinez, 21, of Chestnut Street, Batavia, is charged with petit larceny. Martinez is accused of stealing $70.18 in merchandise from Kohl's.

Batavia PD, with the assistance of Sheriff's deputies, is trying to apprehend a subject with possible mental health issues in the Clinton Street area. 

The person may be injured and may have a knife. 

The call began with a male and female dispute and the male threatening to hurt himself. 

The subject, in a white T-shirt, is now on foot and said to be running from police. 

Police are switching to encrypted communication.

A Mercy EMS ambulance is on standby in Aldi's parking lot.

 UPDATE 9:48 p.m.: Subject may have been located at Country Max on East Main Street. He may be injured. Ambulance dispatched. 

A motor-vehicle accident believed to be with a minor neck injury is reported at Ellicott Street and Main Street, Batavia.

City fire and Mercy EMS dispatched.

UPDATE 12:57 p.m.: Batavia PD on location reporting no injury.

More than dozen homes on Edgewood Drive, Batavia, are affected by a water main break today.

Town of Batavia crews are on scene and repairs will take up to two or three more hours.

UPDATE 6:30 p.m.: Supervisor Gregory Post informed reporter Mike Pettinella, an Edgewood Drive resident, that the main valve has been installed, and for all homeowners affected by the situation to turn their cold water on and let it run for 10 minutes to rid it of any possible discoloration. Crews are filling the large hole with stone, and have placed cones around the site as they continue their time on the job -- nearly nine hours.

UPDATE 3:15 p.m. Sunday, Nov. 27.: Supervisor Post is on the scene, and indicated that corrosion caused a main valve to malfunction. A new valve has been delivered to the scene and crews are in the process of installing it and reconnecting it to the water line.