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Town of Le Roy lawsuit aims to end 50 years of camping and concerts at Frost Ridge

By Howard B. Owens

Greg Luetticke and David Luetticke, 
owners of Frost Ridge Campground
(file photo)

The Town of Le Roy has filed a lawsuit that, if successful, would put Frost Ridge Campground out of business.

Frost Ridge, according to the suit, is a cancer on the community.

The chief complaint in the suit is the summer concert series in the facility's natural amphitheater, but the complaint also says the campground violates the town's zoning law, and it has since 1967.

The defendant's uses and occupancy of the property, the suit states, "corrupt the general area so as to destroy the peaceful and quiet enjoyment of residents of the Town in the vicinity, having endangered, impaired and imperiled and threaten to endanger, impair, imperil the health of the public."

The campground, that paragraph continues, "(has) caused and will cause irreparable injury to the health, safety and welfare of the residents of the town."

No evidence of such harm is stated in the complaint, which was filed May 2.

While the suit purports to represent all the residents of the town, the town's own Frost Ridge file -- a copy was obtained by The Batavian through a FOIL request -- lists only one neighboring couple as ever filing any written complaints about Frost Ridge.

"By reason of the foregoing, Plaintiff and residents and taxpayers of the Town will continue to suffer great and irreparable harm, damage and injury from the further continuance of the public nuisance, which cannot be caused to cease except by the injunctive order and in a court of equity," the suit states.

Frostridge, operating under various names over its long history, was opened as a winter ski resort in 1957 and has included campground sites since at least 1961, according to the town's documents.

It's currently owned by David Luetticke and Greg Luetticke, who purchased the business in 2008 and moved from San Diego to Le Roy to operate it.

In 2012, David and Greg started a summer concert series, but records show they weren't the first owners to host live music at the campground.

Last summer, David and Marney Cleere started complaining about the concerts and since then the Town has built a long paper trail of town board meetings, zoning board meetings, attorneys' letters, accusations and counter claims as the town has sought to block David and Greg from bringing some of the nation's biggest country stars to Le Roy.

A hearing on the suit is scheduled for 9 a.m. in the Genesee County Supreme Court in front of Judge Robert C. Noonan.

The lawsuit takes direct aim at the concerts and an alleged plan by David and Greg to open a bar and grill called The Barn on the property.

It also accuses the previous owners of operating and expanding the property as a campground illegally.

"In June 1998, the Zoning Board of Appeals (ZBA) held a public hearing concerning the upcoming sale of the premises by Frost Ridge, Inc., to Molly Perry," the suit reads. "The ZBA determined, erroneously in the view of the current Town Board, that the use of the premises as a campground was a preexisting nonconforming use and thus could continue to be used as a campground after her purchase of the premises."

The property sits within a residential/agriculture zone that was established in 1967. The R/A zone in the Town of Le Roy typically allows only for single-family homes or various types of agriculture use, according to the suit.

The campground has undergone several expansions that violated even a nonconforming use allowance, if such a use were even permitted, which it doesn't, the suit states.

And now what David and Greg have done, and want to do, with their country music concerts and proposed restaurant and continued family camping fun is a cancer that must be eradicated, the suit alleges.

"The size and scope of the planned uses are unsuitable and inappropriate for the area, constituting a maligancy which cannot be allowed to metastasize any further," the suit reads.

The suit was written and filed by Le Roy attorney Reid A. Whiting.

In recent years, Frostridge has booked such name acts as Marty Stuart, the Little River Band, Restless Heart, the Nitty Gritty Dirt Band, Connie Smith -- a 2012 inductee of Nashville's Country Music Hall of Fame, Jerrod Neimann, Jo Dee Messina and Phil Vassar as well as rising stars like Blackjack Billy.

Last year's line-up included a homecoming show for Alexander native Krista Marie and her band The Farm.

The ampitheter can accommodate up to 5,000 people, making it a much smaller venue than Genesee County's only other notable concert venue, Darien Lake. But even so, while Darien Lake's concerts require a substantial law enforcment presense and dozens, if not more than 100 arrests, might be reported following a show, there hasn't been a single arrest reported at Frost Ridge related to a concert since 2011.

There is no immediate information available on the local economic impact of Frostridge, and David and Greg said they could not talk with the press on advice of their attorney. But from previous conversations with The Batavian over the past view years, we know they book thousands of guests every season as well as attract tens of thousands of tourists to Genesee County for their concerts.

Each season, they employ nearly 40 people for concerts and camping.

The town's file on Frost Ridge also contains an apparent notice from earlier this year of violations and an order to cease certain activities, listed by code number. It's signed by the town's code enforcment officer, Jeff Steinbrenner.

David Roach, attorney for Frost Ridge, responded March 17 and stated the notice was dubious in meaning, sweeping in scope, constituted discrimintory enforcment because only Frost Ridge is targeted and runs counter to findings in 1989 and 2013 by the town Zoning Board of Appeals that the campground was operating legally as a preexisting, nonconforming use.

Roach accuses the town of merely perpetuating a political agenda driven by the Cleeres.

"We are aware that one married couple, David and Marny Cleere, just last year expressed their displeasure for the first time with the ongoing 50-plus year tradition of live music at Frost Ridge," Roach wrote. 

He continues, "they in fact demand the town 'abate the violations of the Town Code,' in what seems like a frontal assault on Frost Ridge's very existance. If not entirely arbitrary and capricious, the town's intended action against Frost Ridge may be construed as furthering the Cleere's personal agenda, which has absolutely no legitimate bearing on Frost Ridge's compliance with the Zoning Code."

The suit also alledges that the campground's current use and configuration constitutes a serious fire hazard to the surrounding area, campground guests and the campground's owners.

The town's file on Frost Ridge contains a Jan. 9 letter from the Le Roy Fire Department finding five minor possible fire safety violations, including problems with signage, no site map and no letter in the department's file on how many permanent residents there are at the campground.

The campground sits on two parcels of a combined 31 acres with an assessed value approaching $130,000.

Marty Stuart performing at Frost Ridge, Sept. 2011.

Alexander native Krista Marie peforming at Frost Ridge, August 2013.

Blackjack Billy performing at Frost Ridge, June 2013.

Phil Vassar performing at Frost Ridge, July 28. During his performance, Vassar praised Frost Ridge. He praised the setting. He praised the hospitality. He praised the acoustics of the venue. "This is a special place," Vassar told the crowd after his fourth song. "We play a lot of places around the country and there's no place else like this."

Law and Order: Seven weekend arrests

By Howard B. Owens

John M. Englerth, 43, of 6534 Main Road, Stafford, is charged with DWI and failure to submit to breath test. Englerth was stopped at 11:48 p.m. Friday on Bank Street in Le Roy by a village police officer. Englerth was allegedly observed driving without wearing a seat belt and allegedly failed to keep right.

Jordan R. Smart, 22, of 6 Gibson St., Oakfield, is charged with DWI and driving with a BAC. of .08 or greater. Smart was allegedly seen driving erratically and stopped at 1:39 a.m. Saturday on East Main Street, Le Roy, by a village police officer.

Justin Thomas Hemmer, 33, of South Main Street, Elba, is charged with criminal contempt, 2nd. Hemmer was jailed on $500 bail.

Aaron Mark Sechrist, 23, of Jackson Street, Batavia, is charged with petit larceny. Sechrist allegedly stole $26 in merchandise from Walmart.

Ajia Rae Hasenauer, 21, of Main Street, Le Roy, is charged with a violation of probation. Hasenauer was arrested following a traffic stop at 8 a.m. Friday on Main Street, Le Roy, by Deputy John Weis. Hasenauer is also accused of aggravated unlicensed operation, 3rd, unlicensed operator, failure to stop at a red light, failure to signal a right turn and no headlights during inclement weather.

Taylor Levi Finnin, 21, of Main Street, Le Roy, was arrested on a bench warrant for an alleged failure to pay a fine. Finnin was arrested following an appearance on an unrelated Family Court matter. Finnin was arraigned before Judge Robert C. Noonan and released on a promise to start making $50 per month payments.

Raymond James Radley, 48, of Main Street, Leicester, is charged with criminal contempt, 1st, and harassment, 2nd. Radley was arrested by deputies from Livingston County and turned over to the Genesee County Sheriff's Office on a warrant out of Town of Pavilion Court stemming from an alleged incident May 11 on Perry Road, Pavilion. Radley was jailed on $5,000 bail.

Photos: Out and about in Genesee County

By Howard B. Owens

It was a gorgeous day in Genesee County today. As I was out and about for a bit this afternoon, I took a few pictures. 

Above, a tree in the parking lot of GCC.

On Bridge Road, Elba.

On Barrville Road, Elba.

Assemblyman Steve Hawley mowing his lawn on Bank Street Road, Batavia.

Photos: The Class of 2014 graduates from GCC

By Howard B. Owens

More than 950 students graduated today from Genesee Community College in a ceremony held before friends and family inside the GCC gym. State Senator George D. Maziarz delivered the commencement address. Norbert J. Fuest received the Alpha Medal of Service Award from the GCC Foundation. John C. Dwyer was awarded an Honorary Associate Degree. Degrees were presented to students who completed studies in August 2013, January 2014, May 2014 and August 2014.

Photos: Remote control racing at the Genesee County Fairgrounds

By Howard B. Owens

After leaving the Vendor Blender at the fairgrounds, I found a group of local residents racing remote control cars on a dirt track nearby. Bob Markek, a racer and race organizer for KRZ Raceway and Hobbies, said this is the third year the group has been racing at the fairgrounds.

Photos: Vendor Blender at the Fairgrounds

By Howard B. Owens

Merchants said today they were happy with the steady flow of visitors walking through the Vendor Blender at the Genesee County Fairgrounds today. The event was hosted by the Genesee County Agriculture Society.

Kathy Brown, left, of The Ray Station talks with customers about cast iron skillets.

Kelli Brian points out options in a catalog to Tom Brown.

Photos: A no-fish fishing derby on the Tonawanda Creek in Batavia

By Howard B. Owens

The fish weren't biting on the Tonawanda Creek today, but that didn't stop a group of Batavia residents from having fun during an annual fishing derby organized by John Lawrence.

The water was high and swift, which made it hard to even get a nibble, but the anglers, young and older, stuck with it.

Above, Brian Mruczek with is son Lakoda.

Giana Mruczek.

Nick Grasso puts on a show like he's really hooked something big.

Photos: Gun raffle and auction to benefit Operation Injured Soldiers

By Howard B. Owens

The Medina War Veterans sponsored a Gun Raffle and Spaghetti Dinner today to benefit Operation Injured Soldiers. The event was held at the Sacred Heart Social Center. 

Above, Chris Page, Peggy Johnson and Brittany Johnson contemplate which baskets to put their numbers in for the chance auction.

Photos: Dedication of new Genesee County War Memorial

By Howard B. Owens

Ed Longhany points to the name Richard N. Longhany on the Genesee County War Memorial, which was dedicated today in an hour-long ceremony at St. Jerome's.

Richard Longhany was on a Navy vessal that was hit by two torpedeos from a German U-boat. Some of Longhany's shipmates were rescued, including one seaman who survived 17 days at sea in February weather. Richard Longhany was lost at sea.

There are dozens of such stories about the men and women from Genesee County who died in 20th Century wars, those whose names are on the War Memorial.

It was erected to replace the one that was formerly outside UMMC and it replicates the names and the wars that were on the original memorial.

The names are etched into a very special and rare kind of polished black granite that can only be found in one quarry in India. The granite has a polished black skin, but is white underneath the black, allowing a skinning process to make the names visible. It's the same kind of granite and the same process used on the Vietnam War Memorial. 

The mirror-like black granite will give visitors the opportunity to reflect on the lives of loved ones lost in service to their country.

Anita Dziekan brought a news stories and pictures of her brothers, Rosario A. Mocciaro and Santo Mocciario Jr., who died days apart in World War II. Rosario drowned after the PT boat he was on was torpedoed by the Japanese. Days after the telegram came informing the family of Rosario's death, another telegram came with news of Santo's death, who died in the Battle of Leyte. A third brother was wounded in North Africa during the war.

To purchase prints of photos, click here.

YMCA hosts Batavia's first Pickleball Tournament

By Howard B. Owens

Two dozen players turned out to the YMCA today for Batavia's first-ever Pickleball Tournament.

Pickleball was created in Seattle in 1967 and now is the fastest-growing sport for people 50 and older, according to local pickleball "ambassador" Timothy Pickering (a former resident of San Diego who has moved with his wife to Batavia). 

Players use paddles to hit a plastic whiffleball-like ball over a net, something like tennis.

Pickering hosts regular games and clinics at the Y.

Chuck Northrup and John Bender won this first tournament.

Photos by Howard Owens.

Photo submitted by Timothy Pickering. Pictured, Ray Burke and Eric Robinson, third place; Chuck Northrup and John Bender, first place; Karen Spiotta and Jason Santere, second place. Pickering, tournament director, is kneeling. 

All of the entrants in the tournament. Photo submitted by Timothy Pickering.

Photos: Annual spring gala at Cornell Cooperative Extension

By Howard B. Owens

It was a perfect morning for a plant sale at the Cornell Cooperative Extension on East Main Street, Batavia, with local master gardeners hosting the annual spring gala.

Alan Bieber and Heather Tower wait for a hot dog from Carol Schroeder.

Lucy Oltramari checks out a plant while her mother Laurie looks on.

Kara Tress shops for new plants.

Shed fire reported on Batavia Stafford Townline Road

By Howard B. Owens

A garden shed fire is reported at 7979 Batavia Stafford Townline Road, Stafford.

Stafford and Town of Batavia fire dispatched.

UPDATE 5:51 p.m.: The caller reports that there is about 50 gallons of gas inside the shed.

UPDATE 5:53 p.m.: There's no immediate exposure problem. There are other structures on the property but nothing extremely close.

UPDATE 5:55 p.m.: A Town of Batavia responder reports smoke visable from Bank Street. Another responder reports, "I've got a visual. She's going pretty good." A tanker from Elba is requested.

UPDATE 6:02 p.m.: Elba can respond non-emergency.

UPDATE 6:36 p.m.: Photo submitted by Karnenko Overs Barlog. Also, Mercy EMS requested to the scene to evaluate a firefighter.

Western OTB responds to Senecas suspending Henrietta casino effort

By Howard B. Owens

Press release:

In a letter to Monroe County Legislator Justin Wilcox, Seneca Nation President Barry Snyder Sr. announced that the Seneca Nation will no longer pursue the siting of a casino development project in Henrietta or Monroe County at this time. Subsequently, representatives of Western Region Off-Track Betting Corporation expressed appreciation to the people of the region for voicing their opposition to the proposal.

In the letter to Wilcox, Snyder stated, “We will not engage in the demanding and complex process required to get a casino approved pursuant to the laws and regulations governing Indian gaming without the support of the local community and New York State.”

To date, 17 towns and 11 counties, as well as the 19-member Inter-County Association of Western New York, have taken formal action opposing the expansion of casino gaming in Henrietta and Monroe County. In addition, 15 members of the State Legislature from across Western and Central New York have publicly expresses their opposition to the proposed expansion of casino gaming in the region. Governor Andrew Cuomo has stated that public support is critical when weighing the decision to expand casino gaming in the state. 

“From businesses, church groups, civic organizations, and everyday people from across the region to state leaders and local municipalities, the opposition to a casino in Monroe County has been overwhelming,” said Michael P. Nolan, executive vice president/COO of WROTB. “Clearly the Seneca Nation has heard the will of the people and responded accordingly.”

While acknowledging the Seneca Nation’s cessation of its efforts to expand casino gaming in Monroe County at this time, Nolan understands that the Senecas could reinitiate their efforts at a later date.

“If in the future the Seneca Nation should move forward with a proposal to expand casino gaming in Monroe County, we will once again emphatically oppose such a plan,” Nolan said. “The people of Monroe County recognize the fact that a Seneca-owned casino would adversely impact the local community and give the Seneca Nation a competitive advantage that will be damaging to businesses, both large and small, across the region. That is something that the people of this community are unwilling to accept, and they resoundingly made that point.”

Owned and operated by 15 Western New York counties and the cities of Rochester and Buffalo, Western Regional OTB is a public benefit corporation with headquarters in Batavia. WROTB owns and operates 29 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility. Since its inception, Western OTB has generated more than $215 million in operating and surcharge revenues to the taxpayers of those participating municipalities.

Batavia Kiwanis Club honors top graduates from BHS

By Howard B. Owens

The top senior scholars, musicians and citizens from Batavia High School were honored Thursday by the Batavia Kiwanis Club. Here's information provided by the school on each award recepient.

Sydney Loria is the daughter of Nathan and Kathy Loria, of Batavia. Sydney will be attending Colgate University this fall, majoring in Chemistry with hopes of continuing on to medical school in the future. She is the executive teasurer of Student Government and a member of National Honor Society, Tri-M Music Honor Society, and Z-Club. She is also the concertmaster of the Orchestra and has participated in JV and varsity volleyball for the past four years. Sydney enjoys volunteering and has spent the past two summers volunteering at Strong Memorial Hospital in Rochester.

Alexis Kindig is the daughter of John and Diana Kindig, of Batavia. Alexis received the Presidential Scholarship and is enrolled in the Clinical Health Studies/Physical Therapy program at Ithaca College to obtain her doctorate and become a physical therapist. She is in National Honor Society and Tri-M Music Honor Society, as well as Link Crew. She also plays violin in the school orchestra and is a member of Strings Sensations. She was a three-season scholar athlete all four years on the varsity cross-country, indoor track, and track and field teams.

Haley Case is the daughter of Dexter and Brenda Case. In the fall, Haley will be attending Genesee Community College to play volleyball. She will be majoring in Communications Studies with a minor in Political Science. Afterward, Haley will transfer to a four-year school before pursuing a plan to move on to law school. In high school, Haley was treasurer of National Honor Society, a member of National Art Honor Society, a mentor for Link Crew, and a representative for Student Government, including organizing the Mr. Batavia Pageant. Third in the class, Haley was also an eight-time scholar athlete.

Mike DiBacco is the son of Michael and Mary Beth DiBacco. Mike is a recipient of the Navy Reserve Officer Training Corps scholarship and will be attending Carnegie Mellon University in the fall to study Mechanical Engineering. He is an active member of National Honor Society, Tri-M Music Honor Society, Model UN, and is president of Batavia’s Scholastic Bowl team. Mike served as co-mayor of the student body his senior year, and has participated in Student Government for three years. Mike is captain of the varsity swim team and is a two-time state finalist and national qualifier.

Ashlee Yasses is the daughter of Tim and Jill Yasses, of Batavia. Ashlee received the Presidential Scholarship and will be attending Rochester Institute of Technology, majoring in Engineering.  Ashlee is involved in Student Government and is the school’s Executive Council secretary. She was also very involved in this past year’s Mr. Batavia competition as a cohost for the event. Ashlee has played volleyball all four years of her high school career and was a co-captain for the past two years. Ashlee is also involved in National Honor Society, Tri-M Music Honor Society, Z-Club and Link Crew.

Taylor Sanders is the daughter of Gerald and Lynn Sanders, of Batavia. Taylor will be attending Niagara University on the Trustees Scholarship. She will be majoring in Biology with a pre-medical advisement, along with a Chemistry minor and a possible Dance minor. Taylor hopes to one day be a pediatric doctor. Taylor is the president of the Class of 2014 and is in National Honor Society.  She is also the secretary of National Art Honor Society. Taylor is very involved with her dance studio Images in Dance and has been since she was young.

Courtney Jones is the daughter of Diana Miller and Carl Jones, of Batavia. Courtney received the Presidential Scholarship and the Fr. Dunne Scholarship, and will be attending Niagara University to major in Early Childhood/Childhood Education. She is a member of National Honor Society and National Art Honor Society, where she is public relations coordinator. Courtney is very active in the 4-H Horse Program, and competes in local shows as well as the county fair and state fair. She has volunteered for the Batavia Youth Football and Cheerleading Program and for the Holland Land Office Museum.

Courtney Smith is the daughter of Richard and Lisa Smith, of Batavia. Courtney received the Achievement Scholarship and will be attending Rochester Institute of Technology majoring in Political Science and Journalism. She attended the Washington Journalism and Media Conference, a weeklong event hosted by George Mason University in Washington, D.C., in July 2013.  Courtney is a member of National Honor Society, volunteers at many community service events, participated in varsity soccer, and has worked at Sunny’s Restaurant for nearly three years.

James Fazio is the son of Jim and Nickie Fazio and resides in Batavia. He will be attending the University of Rochester in the fall and will be pursuing degrees in Computer Science and Computer Engineering. James is both a member of Batavia’s National Honor Society and Link Crew programs and has been a member of the BHS varsity baseball team for two years. He is also an active supporter of youth sports, as he contributes in the form of umpiring and refereeing youth baseball and basketball games.

Jessica Callisher is the daughter of Pamela and Arthur Callisher. Jess has received the Founder’s Scholarship from Syracuse University and will be attending there in the fall to major in Biology with the hopes to continue on to veterinary school. Jess is a scholar athlete for varsity soccer, and plays year-round. She is the secretary for National Honor Society, Student Government representative, treasurer for Stained Glass, volunteer for Mr. Batavia, and also an active member of the prom and dance committees.

Recipient for the 2014 Kiwanis Music Award Recipient for Band is Amanda Schelemanow. Amanda has participated in the concert band, jazz band, and marching band for the past four years. For the past two years, she has been lead trumpet for all ensembles. She also performs lead trumpet in our trumpet ensemble and is a member of our percussion ensemble. Amanda throughout her four years participated in the full orchestra. She is a member of our National Music Honor Society and BHS's National Honor Society. Next year she will be attending SUNY Fredonia where she is pursuing a career in Music Therapy and Psychology. Amanda will be dearly missed next year but I know she will excel next year at Fredonia.

Cassandra Warren is the daughter of Pamela Sivret and Scott DeSmit, of Batavia, and Eric Warren of Springfield, Mass. Cassandra will be attending Genesee Community College in the fall and will be majoring in Health Sciences with the hopes of continuing on to SUNY Brockport. Cassandra served as president of the Genesee Valley BOCES Chapter of the FFA in 2013-2014 school year, and has been active in Chorus since sixth grade. She has participated in Solo Fest all seven years, and was selected for All County Chorus this past March. Cassandra has also participated in both Drama Club and Production Club productions since the eighth grade, and has earned lead roles in her freshman, junior, and senior years. She has also participated in several productions for the Batavia Rotary Club, and Batavia Players. Cassandra also plays bass guitar and performs with area bands at various venues.She plans to join the Theater group at GCC. 

Val Palmer won the Kiwanis Citizenship Award for outstanding community service. Valerie is graduating this year, in just three years, still ranking in the top 15 percent of her graduating class. She is a scholar-athlete on the swimming and volleyball teams and is a member of the National Art Honor Society. Val has volunteered in the community by providing daycare for parents to attend school events and painting murals throughout the city. Her greatest passion has been working for Soup Supper at Sacred Heart Church. It is Val's generous heart and passion for helping others that has been displayed here. Val is passionate about helping others and will continue to do this as she pursues a degree in Elementary and Special Education at Canisius College in the fall.

Oakfield man pronounced dead after car crashes into marsh in Town of Shelby

By Howard B. Owens

A 31-year-old Oakfield man died in a one-car motor vehicle accident in the Town of Shelby last night, according to the Orleans County Sheriff's Office.

Jeffrey E. Muntz apparently lost control of his sedan while on Podunk Road at about 9:45 p.m. and drove into a marsh becoming partially submerged.

A passerby spotted the car off the road and called 9-1-1. That person then pulled Muntz from the vehicle and attempted to perform life-saving mesasures prior to EMS personnel arriving on scene.

Muntz was transported to Medina Memorial Hospital where he was pronounced dead at 10:38 p.m.

The investigation into the accident is continuing, but the Orleans County Sheriff's Office reports that Muntz's car was westbound on Podunk Road. It crossed the center line and ran off the south side of the roadway and continued about 165 feet before coming to rest in about three feet of marshy water, some 50 feet off the roadway.

The incident scene is less than 1/4 mile from the Genesee County line.

The Monroe County Medical Examiner's Office will perform an autopsy as part of the investigation into the accident.

The on-scene investigation was conducted by Deputy T.N. Tooley, assisted by Deputy T.C. Marano, Deputy J.J. Cole, Sergeant G.T. Gunkler, and Chief Deputy T.L. Drennan. Deputies were also assisted by the East Shelby Fire Department and Lyon’s Collision Service.

Grand Jury Report: 17-year-old indicted on rape charges

By Howard B. Owens
Joseph Saraceni

A 17-year-old Lindwood Avenue resident arrested last week on a forcible rape charge has been indicted by a Genesee County Grand Jury on seven more criminal counts.

Joseph A. Saraceni, Jr., is charged with two counts of rape in the first degree, a Class B violent felony, as well as two counts of sexual abuse in the first degree, a Class D violent felony, and misdemeanor counts of criminal obstruction of breathing or blood circulation, aggravated harassment and menacing 2nd.

Saraceni is accused of forcing sexual intercourse with a person Nov. 11 and Nov. 12 in the City of Batavia. He accused of forcing sexual contact on those dates. On those dates, he allegedly applied pressure to the throat or neck of another person.  In October and November, he's accused of threatening another person and communicating in a manner likely to cause annoyance or alarm.

The Grand Jury also indicted Leslie C. Jackson on two counts of grand larceny 4th, a Class D felony.  Jackson is accused of stealing property from a Batavia couple valued at more than one thousand dollars. Jackson is also accused of promising to perform home improvements for that couple and receiving more than $1,000 based on the promise.

Collins critical of FCC's net neutrality decision

By Howard B. Owens

Press release:

"The internet has revolutionized the way we live and obtain information largely because it has been readily accessible and free from unnecessary government regulation. Today's ruling by the FCC paves the way for Internet 'fast lanes' which will create one Internet for the haves and one Internet for the have-nots. I am hopeful there will be enough public and Congressional backlash to block this proposal to help ensure that the Internet remains easily accessible and a tool to build economic opportunity."

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