It is a driver's responsibility to operate his vehicle in a safe manner, an appeals court has ruled in rejecting a claim by a woman seriously injured in an accident Dec. 8, 2016, in the Town of Stafford that the girlfriend who was texting with the other driver should be held liable.

Carmen Vega, of Le Roy, who was injured in the accident sued the family of Collin Crane,17, the other driver, who died as a result of the crash, and his girlfriend, Taylor Cratsley.

Genesee County Supreme Court Judge Emilio Colaiacovo dismissed Vega's claim in April 2017. The Appellate Division of the Fourth Judicial Department upheld that ruling.

"The court properly concluded that defendant had no duty to refrain from sending text messages to decedent," the appeals court wrote in its ruling.

A State Police investigation found that there was no evidence Crane tried to take evasive action after his car crossed the center line on Route 33 in Stafford, "suggesting that he was likely distracted."

An investor reported, "The cellular phone activity may have been the source of the distraction."

Vega's attorneys argued that Cratsley knew or should have known that Crane was driving and therefore should not have been sending him text messages.

Cratsley told police and later stated in an affidavit, that she was unaware Crane was driving at the time of the accident.

"Mrs. Cratsley added that often -- when the decedent was returning from work -- a family member would pick him up and drive him home," according to a court document. "Cratsley testified at her deposition that she never expected nor asked the Decedent to send her text messages or read text messages while driving. None of the text messages produced contradict Mrs. Cratsley's testimony."

Citing previous case law, the court said, "A defendant generally has no duty to control the conduct of third persons so as to prevent them from harming others, even where as a practical matter defendant can exercise such control."

Such a person, the court said, has no direct knowledge of what the driver is doing and less ability to control the actions of the driver.

"The same driver has complete control over whether to allow the conduct of the remote sender to create a distraction," the court wrote.

The text sender's actions, the court said, are as "innocuous" as a billboard by the side of the road, a sign outside a church, or a lemonade stand, all of which are intended to grab a driver's attention. To rule the text sender could be held liable would mean those responsible for these other distractions could also be held liable.

"We conclude," the court wrote, "the defendant owed no duty to the plaintiff to refrain from the conduct alleged, and therefore that she cannot be held liable for such conduct."

Photo: File photo.

There is a man at UMMC tonight who may live because a family residing on South Street Road in Pavilion acted fast to pull him from the wreckage of his truck after he apparently suffered a heart attack, performed CPR, and called 9-1-1.

"I looked out my kitchen window," Eileen Ostrander said. "I ask my son and my granddaughter, 'is it raining that hard or is there a fire?' We went the kitchen door and then we heard the tires spinning. It was still in gear."

They didn't realize at first that somebody might need their assistance.

"It took a second to realize what was happening," said her son, Joe Condidorio. "You know, a lot of people on four-wheelers, tractors, so we took a few steps and we looked at each other and we realized what was going on and we just sprinted toward the truck."

Ostrander said she used to be a track star but this time her son beat her to the truck.

The truck was wedged into a grove of pine trees on the other side of a field across the road from their house.

When they got to the blue pickup truck, it was still in gear, the man's foot was full-throttle on the gas, smoke was spewing from the back tires and the driver was slumped over the wheel.

Condidorio undid his seat belt, turned off the engine and slapped him gently on his face to see if he would respond. His daughter, Isabella, called 9-1-1.

"He was unresponsive," Condidorio said.

Ostrander, who has worked for HomeCare & Hospice and Crossroads House, felt for a pulse. There was none.

Condidorio pulled the man from the vehicle and into the field. Ostrander started CPR.

Often times, dispatchers must talk a person through CPR procedures but Ostrander knew what to do.

"Actually, when I had my children it was the best thing I ever could have done was to take the CPR course," Ostrander said. "Everyone should."

By the time medics arrived, the man's pulse had returned and an EKG showed he had suffered a heart attack. At the time he was transported by Mercy EMS to UMMC, he had a regular heartbeat.

Condidorio said what his mom did was amazing and the family pulled together in a team effort.

"She probably couldn’t have gotten him where I got him to," he said. "She took over from there, so it was a great team, and with my daughter calling 9-1-1, too."

(Initial Report)

Tonight at Mercy Grove the Le Roy Central School Senior Class hosted “Mom Prom.”

This is an annual event where graduating seniors bring their mom or special guest to show appreciation for their support and guidance while they were in school.

The three-hour soiree includes dinner and is full of surprise activities for attendees.

The highlight of the evening is a water-pong tournament. (Water pong is non-alcoholic version of beer pong.)

The winning graduate receives a $100 scholarship and their partner is crowned “Mom of the Prom.” 

A serious-injury accident is reported in the area of 9663 South Street Road, Pavilion, near the town line with Le Roy.

A person was ejected from the vehicle; CPR in progress.

Pavilion fire and Mercy EMS dispatched. Mercy Flight on in-air standby.

UPDATE(S) (By Billie) 8:34: p.m.: A landing zone for the helicopter is being set up.

UPDATE 9:11 p.m.: Residents in the area heard an engine revving; upon inspection, they found a truck wedged in a grove of pine trees, its driver passed out and unresponsive with his foot on the gas pedal, wheels spinning in place. His body had no pulse. A nearby resident arrived on scene, turned off the engine and pulled the victim out of the vehicle and onto the ground. That rescuer's mother, who is a nurse, was also there and performed CPR. The victim was subsequently taken via ground ambulance by Mercy medics to UMMC.

(Follow Up)

It's been 22 years since Guadalupe Hernandez was arrested on a burglary charge in the Town of Byron but just this past week an appeals court ruled his three-to-six-year sentence handed down in 2016 was "too harsh."

The sentence was reduced to one year.

Hernandez, 41, was first arrested in 1996. He failed to appear for his arraignment on the felony charge and was re-arrested in 2011. In November, he entered a guilty plea with a sentence cap of five years in prison. He then disappeared again -- in both cases, he reportedly left the area -- and wasn't re-arrested until 2016.

The Appellate Division, Fourth Judicial Department, agreed with the argument by Hernandez's attorney that the sentence was unduly harsh considering the nature of the crime.

"My understanding is that it may have been in part because of the nature of the burglary," District Attorney Lawrence Friedman said. "Apparently, there was a fight going on outside of a residence and, I believe, the defendant chased someone else into the residence and continued it, or did something, but entered with the intent to commit a crime.

"So it's not what you probably think of as your typical burglary. It wasn't someone breaking into someone's home to steal something. So that certainly may have been one of the factors weighed on appellate division finding this to be harsh."

The court rejected the defense contention that Hernandez wasn't properly warned that if he failed to appear in court he would lose his sentence cap, stating that since Hernandez didn't object in court he had failed to preserve that contention for court review.

Friedman said overturning sentences as too harsh is rare, primarily because most sentences are part of a plea agreement and the defendant clearly agreed to these terms.

Some years ago, Friedman's office started requiring defendants who enter a plea agreement to waive their right to appeal the sentence as a condition of the plea deal. Hernandez was convicted before that practice was established.

By the time Deputy Ryan Young arrived at the Log Cabin Restaurant in Indian Falls at 11 p.m. on April 11, he knew a customer had caused a disturbance in the restaurant and that the customer had fired at least two shots from a firearm.

As Young and other deputies arrived in the parking lot that Wednesday night, they heard another shot being fired.

Keith Kent, a 61-year-old logging company owner from Albion, spotted by deputies in the parking lot carrying a handgun, did not respond to verbal commands to drop his weapon.

At a press conference today about the shooting, First Assistant District Attorney Melissa Cianfrini said, "He began to advance in the direction of Deputy Young, raising and ultimately pointing his revolver at Deputy Young. Deputy Young fired several rounds and Mr. Kent was shot."

Kent was hit in his neck and grazed by a bullet across his back. He was pronounced dead at the scene.

Following a month-long investigation by State Police -- that District Attorney Lawrence Friedman characterized as "thorough" -- a Grand Jury reviewed the evidence and returned what is known as a "no bill," which means the Grand Jury found no reason to charge Young with a crime.

Friedman said the Grand Jury ruled the shooting was justified.

While Friedman and Cianfrini are prohibited by law from discussing anything that happened during the Grand Jury hearing, they are free to discuss what the State Police investigation uncovered.

The narrative of events starts with Kent trying to talk with a woman at the bar of the Log Cabin.

"He was talking with the woman at the bar and she was not receptive, I guess you might say, to what he was saying to her," Friedman said. "He was asked to leave her alone and ultimately was asked to leave the bar and was removed from the bar under protest."

After he went outside, either patrons or employees or both continued to observe him as he walked to his truck.

By this time, a person at the Log Cabin had already called 9-1-1 and remained on the phone with an emergency dispatcher providing updates as "the situation quickly escalated," as Cianfrini put it.

Investigators were not able to determine if Kent retrieved a revolver from the truck or if he already had it on him when he left the bar. He was a valid permit holder for the revolver, Cianfrini said.

After reaching his truck, he started to walk back to the bar and fired two shots into the air.

"Patrons at the restaurant and employees went down into a basement and began to arm themselves with materials in the basement while hiding," Cianfrini said. "Mr. Kent did re-enter the restaurant and threats were made."

There is no evidence that Kent fired his revolver while inside the restaurant.

He walked back outside.

"He was given multiple directives by sheriff's deputies to drop his weapon," Cianfrini said. "He did not comply with those directives."

Young was armed with his duty AR-15. As Kent pointed his revolver at Young -- who was 50 to 80 feet away from Kent -- the deputy fired 15 shots, which did not empty his magazine, Cianfrini said.

No other deputies fired their weapons during the incident.

"I believe that the reason why other deputies may not have discharged their firearms was because of the concern that there may have been patrons in the restaurant area," Cianfrini said. "They weren't fully aware where the patrons or employees in the restaurant were, and so under their standing orders, they were not in a position where they could safely discharge their firearms."

The narrative of events was established by witness statements, body camera recordings, 9-1-1 recordings, and the available forensic evidence.

"What I can tell you about the body-worn camera footage is that this incident took place during the night," Cianfrini said. "It was dark. There was limited lighting. There were no body-worn camera recordings that directly caught the incident."

Friedman said, however, the recordings were useful to the investigation, especially the audio portions of the recordings.

Asked if Kent made any statements before being shot, Friedman said he doesn't believe he did.

Friedman expressed confidence that the shooting was justified.

"I would say, in addition, that throughout this very thorough investigation, interviewing of everyone who was there, there was never the slightest hint that would indicate that this was anything other than justified."

Previously:

• BREAKING: Grand Jury finds Log Cabin shooting death justified
• UPDATE: Deputy shoots and kills armed suspect at Log Cabin Restaurant
• Man shot and killed after pointing handgun at deputy outside Log Cabin Restaurant
• Man shot by deputy at Log Cabin was looking for a fight according to early reports from the scene
• Deputy Ryan Young is identified as officer involved in Wednesday night's shooting at Log Cabin Restaurant
• BPD officer who shot robber in 1977 says 'don't let others second guess you'
• Once all the evidence is in, DA will face decision on whether to have Log Cabin shooting case reviewed by grand jury

From Batavia PD:

Parking enforcement has been suspended for residents whose driveways are being affected by the sidewalk construction.

Affected residents may park in the street but must follow all other parking regulations (ie. parking the correct way, not parking in a no parking area, etc.) until their driveways are usable again.

Press release:

The New York State Senate has approved two new bills– introduced by Senator Michael H. Ranzenhofer – as part of the most sweeping package of good government reforms proposed in years. 

“From bid-rigging scandals to corruption trials, hard-working New Yorkers are fed up with the lack of ethics in state government, and the time is now for real reforms. I am pleased that these reforms are starting to advance through the Legislature,” Ranzenhofer said.

Preventing the Appearance of “Pay-to-Play” 
S8409 limits political donations from parties applying for grants, licenses, or doing business with public entities to the public officials or candidates who would approve such grants, licenses, or contracts. Unfortunately, disclosures of significant donations by people or businesses who have received significant public contracts or licenses gives rise to public suspicion that there may be a relationship between the two occurrences, and thus to public cynicism and distrust of the process of how public bodies make decisions.

Prohibiting Certain Political Contributions by Government Appointees
S8404 prohibits appointees who are appointed by the Executive to make political contributions to the Executive or his or her political campaign. The appointees would be prohibited from making political contributions within a year of appointment, during their term, and for a year after the term ends. It also prohibits the appointee from soliciting contributions on behalf of the Executive or the Executive's campaign committee. This prohibition also applies to members in the appointee's household.

A February 2018 article in The New York Times profiled a current trend whereby Executive appointees have made political contributions to the Executive totaling nearly $900,000. An atmosphere where appointees operate under the practice of making routine political contributions to the individual appointing them to their positions leads hardworking citizens to believe that Albany is rife with a "pay-to-play" culture.

Ranzenhofer called for an end to these practices.

“Allowing these questionable practices to continue will only foster distrust and skepticism of the process in state government. Appointed officials of the Executive branch should not be permitted to make donations to the Governor's re-election campaign, and private companies should not be allowed to make campaign contributions to politicians while under consideration for state contracts. These reforms will help to end Albany's pay-to-play culture and restore the public's trust in their state government,” Ranzenhofer said.

The comprehensive legislative package incorporated additional measures to boost accountability, transparency, and prevent the misuse of taxpayer dollars. The following reform bills have passed the Senate and are on their way to the Assembly:

• Developing a Searchable Subsidy Database: S6613B requires the creation of a searchable state subsidy and economic development benefits database that would help New Yorkers and policy makers monitor the use of taxpayer money used to grow our state's economy and create jobs. The database would include the name and location of the participant; the time span of received economic development benefits; the type of benefit received; the total number of employees at all sites of a project; the number of jobs a participant is obligated to retain and create during the project; the amount of economic development benefits received for the current reporting year; and a statement of compliance indicating if any other state agency has reduced, cancelled or recaptured economic development benefits from a participant.
• Creating the New York State Procurement Integrity Act: S3984A restores the State Comptroller's independent oversight of SUNY, CUNY, and OGS centralized contracts; expands the Comptroller's oversight of the procurement process to include contracts in excess of $1 million awarded by the SUNY Research Foundation; and prohibits state contracting through state-affiliated not-for-profit (NFP) entities unless explicitly authorized in law.
• Protecting State Investments When Deals Don’t Meet Expectations: S7697A ensures that the Public Authorities Control Broad members have sufficient information to make informed decisions prior to a vote approving funding and includes disclosure of a claw-back provisions for instances when a project job creation claim doesn’t come through, the state could recoup funding. 
• Creating an Independent Budget Office: At least 23 other states– California, Texas, Florida, Connecticut and Vermont– have already established non-partisan budget offices to assist their legislatures. Accurate, up-to-date information is a key ingredient for prudent, timely budgetary and policy decisions. S2325 creates the New York State Independent Budget Office to provide objective, non-partisan analyses of state revenues, expenditures, and management practices to members of the Legislature for any legislation with fiscal impact or at the request of a leader or a committee. 
• Reforming START-UP NY: S5985A restores and bolsters reporting requirements for START-UP NY by requiring the preparation of an annual report which would be provided to the Governor and the Legislature. The report would include, but is not limited to, the number of business applicants, number of businesses approved, benefits distributed and received, and the number of net new jobs created per business– including cumulative data that reflects the amount previously recorded and adjusted for net new jobs that have been lost.

Press release:

Congressman Chris Collins (NY-27), member of the Energy and Commerce Committee, applauded yesterday’s advancement of 25 bills out of the Committee to help combat the opioid crisis. Collins championed three of these pieces of legislation that will head to the House floor.

“The opioid epidemic is impacting every community across America and we have to take action in order to save lives,” Collins said. “We have seen far too many innocent lives lost and families torn apart because of addiction. I’m hopeful that this package of bills will help individuals get the treatment they need and give communities the resources required to stop this epidemic in its tracks.”

Collins joined fellow New Yorker, Congressman Hakeem Jeffries in introducing the Synthetic Drug Awareness Act of 2017 that would require the Surgeon General to report to Congress the public health effects of the rise of synthetic drug use by 12 to 18-year-olds. Currently, Congress does not have sufficient information to craft the unique types of public health and law enforcement approaches that could save our nation’s children from these dangerous substances. 

Collins also introduced the Eliminating Opioid Related Infectious Diseases Act of 2018 with Congressman Leonard Lance, Congressman Joseph Kennedy, Congresswoman Anna Eshoo, Congressman Joe Barton, and Congresswoman Doris Matsui that focuses specifically on how the opioid epidemic has contributed to an increase in infectious diseases like Hepatitis C and HIV/AIDS. Increased monitoring and education will lead to a better understanding of the impacts that this crisis is having on public health.

Finally, Collins introduced legislation with Congressman Eric Paulson, Congressman Ron Kind, and Congressman Connor Lamb that would require Medicare to send an annual notice to Part D patients about the adverse effects associated with prolonged opioid use. By improving awareness and education, the Medicare Clear Health Options in Care for Enrollees (CHOICE) Act will help patients be more inclined to watch for the warning signs of addiction and be more informed to talk with their doctors on their options for pain management.

The additional bills focus on helping patients receive treatment and making sure these drugs do not get into the wrong hands. The Committee has identified issues with enforcement, prevention, and coverage within Medicare, and the additional legislation provides solutions that will address these areas.

A background memo, electronic copies of the legislation, and live stream of the markup can be found online here. The Committee plans to hold a second markup on opioid legislation on Thursday, May 17.

Press release:

“How to Create a Positive Work Environment” will be the subject of a small business workshop to be hosted by the Genesee County Chamber of Commerce on Wednesday, May 16.

This is the one of a series of business workshops held in conjunction with the United States Small Business Administration and the Genesee County Chamber of Commerce. The workshops are open to all Chamber and non-Chamber businesses and their employees and will offer expert advice from experienced professionals designed to help small businesses succeed and grow.

“It is possible to have positive – and perhaps even fun – work environment in any business and this workshop is designed to show you how,” said Tom Turnbull, Chamber president.

Greg Lindberg of the Small Business Administration will conduct the workshop.

The workshop will be held at the Chamber of Commerce office, 8276 Park Road, Batavia.The session will run from 7:45 to 9:15 a.m. and includes a question-and-answer period. Cost for non-Chamber members is $10 for each attendee.

Chamber members and Batavia Business Improvement District members may attend all small business workshops free of charge but should make reservations to insure space.

To reserve a seat in any workshop or for more information, contact Kelly Bermingham at 343-7440 or by email at kbermingham@geneseeny.com.

The shooting by a deputy that resulted in the death of Keith Kent in the parking lot of the Indian Falls Log Cabin Restaurant the night of April 11 was deemed justified, the District Attorney's Office announced at a press conference this afternoon.

The Genesee County Grand Jury returned "No Bill" for Sheriff's Deputy Ryan W. Young after a thorough investigation by State Police and a complete review of the evidence by the jury, District Attorney Lawrence Friedman said.

Follow Up: All evidence pointed to justified shooting at Log Cabin, DA says after Grand Jury clears deputy

Tomorrow through Sunday, May 13, is the Grand Opening of the long-awaited Auto Wash Car Wash on West Main Street Road in the Town of Batavia.

You are invited to stop by and say hi and try out the completely refurbished car wash.

Throughout the three-day Grand Opening, all car wash package options will be half price. So the normal price range of $17 to $9 will be $8.50 to $4.50.

On Saturday, there will be free lunches served from 11 a.m. to 2 p.m. -- hamburgers, hot dogs and soda pop.

Plus, this Sunday only, which is Mother's Day, from 10 a.m. to 2 p.m. all moms will be able to get a FREE basic car wash!

Look for a prize wheel and plenty of prize giveaways!

The address is 4017 W. Main Street Road. Phone is 219-4431.

Grand Opening hours of operation are Friday and Saturday from 8 a.m. to 7 p.m.; Sunday 8 a.m. to 5 p.m.

To learn more about Auto Wash and what it offers, click here.

For The Batavian's original post on the company, click here.

File photo: Greg Farkas, Ryan Schmeer, Bobby Marchenese, and Zach Letta. Letta will manage the Batavia location.

Dr. Keith Carlson, with Attica Veterinarian Associates, explains bovine artificial insemination to high school students today at Genesee Community College for Precision Ag Day.

Precision Ag Day provide students with an overview of the science and technology used in modern agriculture, including drones, GPS-guided tractors, and robotics.

Bradley Hirschman, a student at Pavilion, tries his hand at flying a glider with a camera attached toward a target.

Submitted photo and press release:

WXXI’s Television Program Director Irene Fink, who lives in Bergen, was recognized as the “Charles Impaglia Programmer of the Year” by TRAC Media Services and the Public Television Programmers’ Association (PTPA) at the PTPA Annual Meeting in New Orleans on May 6.

The Programmer of the Year Award is given to someone who “has developed a program format that has had significant impact on his/her community,” and “demonstrates an ability to creatively use changes in the media environment to his/her station’s advantage.”

Fink has served as WXXI’s Television program director since 2009. She is responsible for programming strategy and scheduling on WXXI's television stations and on City 12 (cable 1303) in the City of Rochester. 

The PTPA praised Fink’s impact at WXXI and the effect she has had on the community. They listed several reasons why she was the top programmer:

• She weighs all content decisions with the audience and community in mind.
• She is a good communicator and collaborator, ensuring that WXXI’s content reaches the widest audiences across multiple platforms.
• She goes above and beyond in the programming and promoting of WXXI’s Move to Include initiative, helping to ensure people with disabilities are represented in WXXI’s content throughout the year. Move to Include is a partnership between WXXI and the Golisano Foundation designed to promote inclusion for people with intellectual and physical disabilities. 

Fink joined WXXI in 1998 as a casual in the Engineering Department, and in 2002 moved into the TV Division as traffic coordinator. In 2006 she was promoted to assistant director of TV Programming/Traffic and in 2009 to TV program director. She has a Bachelor of Science degree in Communication from SUNY Brockport. Fink resides in Bergen with her daughter Kaitlyn.

This is the second award Fink has received from PTPA and TRAC Media Services. The first was the Golden Grid Award in 2011, which she received in recognition of her ability to help strengthen her community by scheduling high-quality programs.

The “Charles Impaglia Programmer of the Year” award is given by PTPA and TRAC Media Services, an audience analysis organization that works with public television stations.

About WXXI

WXXI is the essential, lifelong educational media resource for the Greater Rochester area. WXXI puts the community first with programming that stimulates and expands thought, inspires the spirit, opens cultural horizons and promotes understanding of diverse community issues.

WXXI also has a long-term affiliation with Little Theatre, which helps enhance the cultural life of the community and strengthens two of Rochester's most vital arts institutions. Log on to wxxi.org for more information about our services and programs.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) honored cadets and officers from The United States Military Academy in West Point today in Albany. Hawley, who serves on the Assembly’s Veterans Affairs Committee, is a veteran of the Ohio Army National Guard and U.S. Army Reserves.

“West Point Day is always a special celebration in Albany and we are so fortunate to have some of the finest recruits and soldiers in the world right here training in our state,” Hawley said. “As a veteran and son of a veteran, I know the great sacrifices our military members undertake and that drives me to be a strong advocate on their behalf in the legislature.

"Measures like free state park passes and fishing permits and reduced highway tolls are simple displays of gratitude we should be implementing for our veterans and active duty members. I enjoyed meeting the cadets and leadership of West Point today and wish them the best in their careers.”

Photo: Assemblyman Steve Hawley (R,C,I-Batavia) shakes hands with Brigadier General Cindy Jebb, 14th Dean of the Academic Board of the United States Military Academy at West Point.

Dayne Burroughs sent in this photo of some pretty ominous looking clouds gathering over Batavia just before a bit of heavy rain hit this morning.

UPDATE June 2, 2018: We were notified two days ago this event has been cancelled.

Press release:

Batavia High School baseball, softball and girls tennis teams are sponsoring their premier color run 5K event at Batavia High School (260 State St.) on Saturday, June 16th.  

Check in / registration starts at 8:15 a.m, race starts at 9 o'clock. This event is open to all ages. Cost is $30, which includes a T-shirt and color pack if registered by June 1st. After June 1st T-shirts are not guaranteed.

Registration is open now; register here.

After the event there will be a color blast party with music. Come out and support these athletes and help make this a great event.

For more information, contact coordinator Nickie Fazio at 356-1690.