Black smoke is reportedly pouring from the back of a house at 5155 E. Main Street Road. A first responder on scene is investigating and says it's a controlled burn, of tree stumps. Town of Batavia Fire Department is called and a firefighter is continuing to the scene to investigate.

A box truck is stuck under the Prole Road Extension railroad overpass in Stafford, or as a dispatcher says it "may now be unable to vacate from underneath it." Stafford fire is dispatched to the scene in case firefighters can help.

UPDATE 1:09 p.m.: The driver managed to get his vehicle out from under the bridge by the time law enforcement arrived. A State Trooper said the driver will be cited for disobeying the height limit sign, which states the maximum clearance is 10' 8"; the box truck involved had a height of 11' 7".

A local businessman who said he hasn't even had time to grieve his sister's death because of five years of litigation around her estate was given a conditional discharge in County Court today on his prior guilty plea to a misdemeanor of falsifying business records.

James Pontillo's attorney, Fred Rarick, reminded Judge Michael Mohun, who is handling this case, that his client accepted a plea deal, not because he had done anything wrong, but because he wanted to get this part of the legal issues surrounding his sister's estate behind him.

"I tried to do everything the best of my ability," Pontillo said. "I did everything I was called upon to do, but there seems to be a misunderstanding."

Much of what this case is about, apparently, is tied up in surrogate's court, where Scott German, as one of his duties as county treasurer, has been appointed the administrator of the estate of Jeanne Veronica Pontillo, because there was nobody else deemed qualified to assume that role.

Pontillo has said he was trying to take care of his sister's properties while the estate was settled.

The conditional discharge means the Pontillo's conviction can be dismissed if he has no run-ins with the law for a year. He was required to pay $2,500 in restitution, which Rarick asked to be applied to back taxes on Jeanne Pontillo's properties, but District Attorney Lawrence Friedman objected to the redirection of the money.

Three of the properties -- none of them in Genesee County -- are about to go into tax lien foreclosure because nobody has paid the property taxes on those properties.

"The hardest thing about all of this is I haven't been able to properly been able to grieve for my sister," Pontillo said. "This has been going on for five years. She was more than a sister to me," he said as his voice quivered, "she was like a daughter to me."

He said the litigation has affected him personally, financially and professionally.

"I just want it to end."

Friedman renewed his request for an order of protection, requiring Pontillo to have no contact with German. This was a contentious issue in December in front of then Interim Judge Micheal Pietruszka. Rarick raised concerns about the order and the ongoing probate issues, so Pietruska agreed to amend the order, but Friedman asked for further refinement, and after more back and forth among the attorneys, Pietruszka literally tore up the order in court.

Again, today, Rarick and Friedman couldn't agree on the necessity of the order, and while Rarick acknowledged personal animosity between Pontillo and German, he said he feared German could use the order to make a false claim against his client.

Friedman scoffed at the suggestion and said a false claim is possible with any order of protection. That's no reason, he said, not to issue one.

Mohun didn't sign the order. He thought an order of eight years was excessive in a case involving a conditional discharge, but he amended Pontillo's conditional discharge so it requires him to stay away from German for the next year.

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).

Photos submitted by Rob Radley.

To purchase prints, click here.

Press release:

This a reminder to all Village of Elba residents who have received easement notices for the new water project:

If you have received notice of a temporary easement for your property and have not signed and returned it yet, or if you have received notice of a permanent easement for your property that needs to be signed, notarized and returned, please plan to attend a meeting from 5 to 7 p.m. on Wednesday, May 31, at the Town of Elba conference room at the town office on Maple Avenue.

The project engineer, Jason Foote from Clark Patterson, will be there to answer any questions. If you are unable to attend the meeting, you may call Jason at 402-7505.

Barry Flansburg, Elba's tax assessor, will also be in attendance for those who need to have their paperwork notarized. Original easements to be signed will be available Monday - Friday between 8 and 10 a.m. in Barry's office on Maple Avenue, Elba.

This is an important part of the process that needs to be completed in order for the Village of Elba to move forward in replacing the old water lines.

Submitted photos and press release:

The Paolo Busti Cultural Foundation Scholarship Dinner will be held at Terry Hills Restaurant and Banquet Facility beginning at 6:30 p.m. on Wednesday, June 14. There will be a cash bar followed by an Italian buffet at 7 p.m. Tickets are $25 and are available at Ben’s Appliance, VJ Gautieri Construction or from any board member.

Outstanding Italian Americans will be honored and the recipient of the Paolo Busti Scholarship will be named.

The following scholarship applicants are all high school seniors in the Class of  2017.

Alexis "Lexi" Hoerner, pictured above, attends Batavia High School where she holds an overall GPA of 95 and ranks 19th in a class of 175. Lexi is a member of the National Honor Society as well as the National Art Honor Society. She has received numerous honors and awards, including a commendation in the 2016 Congressional Art Competition NY 27th District, and the Bob Heischman Award for Excellence in Creativity in Drawing as well as various school awards for outstanding achievement in art, printmaking, portfolio, sculpture, and excellence and creativity in drawing.

Lexi is a member of the BHS varsity swim team and has volunteered with various local community organizations including the Lions Club, YWCA, Crossroads House, and Genesee County CASA (Court Appointed Special Advocates). She has also served as a BHS Link Leader and with the Art Department Stage Crew at Batavia High School.

Lexi plans to attend Canisius College in the fall where she will continue her studies in Studio Art.

Alexis is the daughter of Karen Cutitta and Michael Hoerner.

She is currently employed at Olympia Sports in Batavia. This job has given her incredible communication skills, leadership qualities and patience. She volunteers at the NYS Veterans Home in Batavia. She helps in the business office with medical records and also has helped with the residents when needed.

She feels her work ethic has come from being a part of a sports team, volunteer and working with different people at Olympia. She would be a different person if she did not experience all she has, especially in her last four years at Notre Dame High School. Gabby plans on attending Niagara University in the fall and major in Biology.

Gabrielle is the daughter of Rocco and Janice Della Penna, of Batavia.

Lyndsey has dedicated many hours to various activities in high school. She has participated in band, chorus, drama club, JV and varsity volleyball, track and field, DECA, business club, National Honor Society and high honor roll. She has also participated in various events outside of school, including youth group and nursery at Grace Baptist Church, Genesee Cancer Assistance fundraisers, club volleyball, teen leadership conference, youth seminars and mission trips.  

When Lyndsey is not participating in sports and various clubs at school, she works hard at home with her many chores and household work.

Lyndsey is the daughter of Scott and Karen Rowland, of Perry.

She is president of Tri-M National Music Honor Society and treasurer and historian of the Production Club. At Batavia High School she had lead roles in "Hairspray," "Much Ado About Nothing" and "Mary Poppins."

As President of Tri-M, she established a sock drive in tandem with the Zonta Club to benefit the Salvation Army. This sock drive was a true high point for Serena.

Serena is attending the University at Buffalo in the fall with a double major in History and Theater with a minor in Italian. Her goal is to become an entertainment industry lawyer working with women in that industry who are historically under represented.

Serena is the daughter of Anita Strollo, of Batavia, and Joseph DiCenso, of Williamsville.

Karson Antonia Richenberg, bottom right, is a senior at Byron-Bergen High School. She plans to attend the University of Buffalo to study Psychology.

Her interests include track and field, soccer and basketball. Her hobbies are hiking, running, visiting historical places, and volunteering her time to different community activities.

She is a Scholar Athlete, and also received the Triple C Award from the New York State Attorney General for her “Character, Courage and Commitment.” She has been awarded the Human Services Scholarship for her involvement in the community and her plan to pursue a career in Psychology.

Karson prides herself on her ability to overcome adverse situations and never losing her positive outlook on life and the future. She has been able to do this through her faith in God. Karson enjoys making lifelong memories with her family and friends and never taking any moment for granted.

She is the daughter of Eric and Antonia Richenberg.

A math teacher a Pembroke Junior-Senior High School, Dawn Krol, died last night following an ATV accident, according to a letter sent to district parents today.

The letter does not specify where the accident occurred or provide further details about the accident. 

"Ms. Krol was an exemplary teacher in every way and we will miss her greatly," Principal Nathan Work wrote in the letter to parents. "Her commitment to teaching and love for our students can be an example to all of us."

Work said counselors will be available to meet with students this week to provide emotional support and help them cope with her death.

"Because of our close school community, this death touches everyone at school," Work wrote.

A large fight involving about 20 people is reported at the Indian Falls Log Cabin Restaurant, 1227 Gilmore Road, Corfu. Sheriff's deputies are en route.

UPDATE 2:14 p.m.: "All units responding to the Log Cabin, you can disregard..." says a dispatcher. The first deputy to arrive reported "On scene. There are four cars in the parking lot and no one outside."

A caller to the Emergency Dispatch Center reports seeing a man dump two cats out of a cat carrier on West Sweden Road, Bergen, then run to his silver sedan and drive off down nearby Creamery Road, eastbound. A Sheriff's deputy is responding.

Installation of a new LCD lighting system atop the Old Courthouse in Batavia was completed this week and for Memorial Day Weekend, the cupola is illuminated with alternating red, white and blue lights.

The system, donated by Batavia-based Lighting Design Innovations, has a color pallet of thousands of shades to fit any occasion.

The value of the system is $7,500 and is computer controlled.

Paul Mercier, a partner in the company, pitched the idea to the County Legislature in February and said his company would donate the system for the cupola.

"For us, the significant aspect of being here is we believe in community," Mercier said.

Mercier suggested that at some point, the Legislature may wish to support a fundraising effort to illuminate the entire building.

The Oatkan Knights won Le Roy's first Section V championship in baseball since 1988 with a 4-3, eight-inning victory last night over Geneseo.

Reece Tresco had the game-winning RBI on a double to right center with two outs in the top of the seventh inning. He scored Cody Fitzsimmons. 

Tim McMullen and Josh Laurie combined for the win on the mound

Knights go to 13-9 on the season and ill play C2 Champ Avon Tuesday at Dwyer Stadium. Game time, 4:30 p.m.

Photos and info submitted by Tim McArdle. 

Law enforcement has been asked to respond to Pembroke High School where there are reportedly five teenagers knocking over porta-potties.

A car crashed into a pole and injuries are reported at Drake Street Road and Pekin Road, Elba. Elba Fire Department and Mercy medics are responding.

UPDATE 7:58 p.m.: Mercy Flight #5 out of Batavia is on ground standby. The telephone pole struck, and torn down, is at 3869 Drake Street Road. National Grid has a 20-minute ETA to repair the damaged pole. Power is out at the residence at that address.

Press release from Assemblyman Steve Hawley:

“Memorial Day is one of those special times of year that allows us to remember those who have given the ultimate sacrifice and selflessly served to protect our nation and its citizens. With our principles of freedom and security under attack, it is more important than ever to keep those who are valiantly serving at home or abroad in our thoughts and prayers as they strive to further preserve our freedom and the American way of life.

“For decades, young men and women, some of them lying about their age to enlist, have answered the call when their nation needed them most. Their efforts are linked with unimaginable selflessness. As a veteran myself and son of someone who served during World War II, I know firsthand the courage and strength of our veterans. This Memorial Day, I applaud and honor their service and memory.

“As you enjoy time with friends and family during the long weekend, please take time to thank a veteran in your life, reflect on those we have lost in the line of service and enjoy the festivities responsibly.”

Veterans, other volunteers, and family members were in cemeteries throughout the area today to replace worn flags and place new flags on the graves of the men and women who served in the U.S. military.

It's an annual tradition locally to honor military personnel on Memorial Day Weekend.

Emilio Rosales, 8, places a flag at Elmwood Cemetary. Also placing flags was his sister, Valentina, 5.

Daniel Tomaszewski and his family, from Freedonia, made their annual trip to the St. Joe's Cemetery in Batavia to plant flowers on the grave site of his parents, who grew up and were married in Batavia before moving to Freedonia. With Daniel are wife Kristin, daughter Josephine and son Mason.

Tim Burch places a flag at a marker in Elmwood Cemetery.

Don Morris at Elmwood.

Riley D'Alba, of Oakfield, completes her squats during a workout today at Batavia Cross Training known as the Memorial Murph.

The event is a scholarship fundraiser for students pursuing careers in law enforcement; the proceeds this year going to D'Alba, who plans to attend Hobart College.

Dozens of people completed The Murph today, which is named in honor of Lt. Micheal Murphy, a Navy Seal killed in action in 2005 in Afghanistan. The workout, which he called Body Armor, starts with a one-mile run, followed by 100 pull-ups, 200 push-ups, 300 squats, and ends with another one-mile run. Those who have them and can endure it also wear a 20-pound vest.

Batavia Cross Training holds annual Memorial Murph over Memorial Day weekend to honor those who have served or are serving in the U.S. military. Several members of local law enforcement participate each year.

This just in...just in time for summer...a caller reports that their porch furniture has been stolen. Le Roy PD is responding to the complaint on Wolcott Street.

Joey Belladonna and his band Chief Big Way play the Paddock Room at Batavia Downs tonight.

The lead singer with Anthrax, nominated five times for Grammy awards, Belladonna is playing in Batavia for the second time this year. The show is free and starts at 9 p.m.

Pictured with Belladonna are his friend Tom Mazurkiewicz and band members Dave Michelson and Joe Precourt.