Le Roy

A third suspect in an alleged fight at the Eagle Hotel in Le Roy on Jan. 23 has been arrested and charged with harassment, 2nd.

Steven Hare, 37, of 9 Washington Ave., Le Roy, was arraigned and released following his arrest.

Hare is accused of shoving another person during the alleged altercation.

Previously charged with assault, 2nd were Thomas B. Streamer, 40, of 28 Grover St., Warsaw, and Thomas W. Sherman, 41, of 108 North St., Le Roy.

One alleged victim was taken to UMMC with with facial, head and shoulder injuries.

Jorge Alberto Rojas Cazares, 16, of Gully Road, Le Roy, is charged with illegal entry. Cazares came to the attention of the Sheriff's Office while Deputy Joseph Graff investigated the complaint of a person receiving unwanted text messages. The youth was turned over to the U.S. Border Patrol.

Mark H. Poole, 44, of 104 Oak St., Batavia, is charged with endangering the welfare of a child and harassment, 2nd. Poole is accused of being in a physical altercation with a person under 17 years old. Poole was jailed on $750 bail.

Thomas B. Streamer, 40, of 28 Grover St., Warsaw, and Thomas W. Sherman, 41, of 108 North St., Le Roy, are each charged with assault, 2nd. Both men are accused of getting into a fight with a 37-year-old Le Roy resident while at the Eagle Hotel on Jan. 23. The alleged victim suffered serious physical injuries to his shoulder, head and face. He was treated at UMMC. Streamer and Sherman were arraigned in Le Roy Town Court and released under supervision of Genesee Justice. Le Roy Police say that further arrests are pending.

Walter Lyle Knickerbocker, 53, of South Street Road, Le Roy, is charged with petit larceny. Knickerbocker is accused of stealing road salt from the DOT salt barn on routes 19 and 20, Pavilion. The alleged theft(s) occurred on and before Jan. 19.

Aaron D. Swimline, 24, of Main Road, Corfu, is charged with a felony count of DWI, a felony count of aggravated DWI (driving with a BAC of .18 or greater), unlawful possession of marijuana, speed not reasonable nor prudent, moving from lane unsafely. Swimline was reportedly involved in a one-car accident at 12:59 a.m., Saturday in the area of 2553 Main Road, Corfu. The accident was investigated by Deputy Howard Carlson.

LaToya Tamika Vialva, 19, of Liberty Street, Batavia, is charged with trespass. Vialva is accused of being on College Village property after being banned from the property.

Demolishing the vacant and ramshackle Wiss Hotel in Le Roy Village could cost at least twice as much as the Genesee County Legislature discussed Wednesday night before voting to forgive tax liens on the property.

A local real estate investor -- who asked not to be identified -- said he looked at the property one time and had a Rochester-based demolition company give an estimate on taking down the building. The low-end best guess was $175,000.

The investor said that's the price for tearing it down without an asbestos inspection and hauling the material to a dump that would accept potentially contaminated material.

If it could be confirmed before demolition that there's no asbestos present, tearing the structure down and disposing of the material could be cheaper. But an asbestos inspection costs $35,000.

If an inspection was done, he said, and asbestos was found, then the demolition price would climb beyond $175,000, perhaps beyond $225,000.

And that's before dealing with any potential contamination from the former NAPA location next door on Route 19.

It's a great location, he said, but realistically, any investor would need both properties to make it a suitable space for modern retail. The potential expense of buying and leveling both properties so a new business could be built, would eat up most potential profits -- even if the hotel parcel was bought for the price of the tax liens.

With the county washing its hands of the property, it becomes the problem of either the village or property owner.

Gene Sinclair, Le Roy code enforcement officer, said he isn't sure what the village will do. In early 2010, the village started down the path of declaring it an unsafe building, but backed off when it became clear what the potential demolition costs would be.

The investor said the interior of the building is in pretty bad shape and gives anybody who looks at it a pretty clear idea that the building needs to come down.

"I'd hate to wake up some morning and read that the building has fallen down with a couple of people buried under it," he said.

The owner of the former Wiss Hotel at 80 Main St., Village of Le Roy, will get to keep the property, despite owing thousands of dollars in back taxes.

The property was headed for the county's March foreclosure auction, but the Genesee County Legislature cast a unanimous vote Wednesday night saying essentially, "we don't want it."

The building, owned by New Jersey resident Emily Pangrazio, is in such a state of disrepair, county officials said, the only thing to do with it is tear it down, which would cost more than $100,000.

The county could not take title without taking responsibility for the building's disrepair, even just to auction it off later.

There's also concern that a former gas station next door could have leached contaminants onto the property, creating a potentially costly clean-up requirement.

If the county became part of the chain of title for even one day, county taxpayers could wind up footing the bill for any environmental impacts.

By voting to cancel the tax lien, the property -- with numerous alleged code violations -- becomes an issue for the owner and the village to deal with.

Several people have noted that a couple of weeks ago, crews were inside the former hotel removing fixtures and other items, basically stripping the building of salvageable items, according to witnesses.

Updated 9:19 p.m.

A Le Roy resident who appears to have headed a Genesee County-based methamphetamine ring entered a guilty plea in federal court today to a drug dealing charge.

The charge -- conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine -- carries a maximum penalty of life in prison and a $4 million fine.

Donald G. Vanelli II, 47, of 8394 Lake St., Le Roy, was arrested in July following a months-long investigation by local, state and federal authorities into meth sales and distribution in Genesee and Monroe counties. Three other Genesee County residents along with a Monroe County resident were also arrested and accused of dealing meth.

The investigation revealed, according to the U.S. Attorney's Office, that Vanelli was responsible for procuring from suppliers and distributing between 5 and 15 kilograms of methamphetamine from 2004 through July 2010.

A kilo equals 2.2 pounds. The estimated street value of a pound of meth is between $15,000 and $25,000.

The contents of  an affidavit released by authorities after his arrest gives the appearance that Vanelli was the kingpin of the meth distribution ring, with other alleged dealers coming to him for their supplies, and Vanelli working with a Monroe County source to allegedly acquire meth from unnamed sources.

During the investigation, law enforcement authorities seized approximately 75 grams of methamphetamine, three firearms, and more than $6,000 in cash.

As part of the plea agreement, the defendant agreed to forfeit to the government a 9mm rifle, a 9mm magazine and 78 rounds of 9mm ammunition that were seized from his Le Roy residence.

Sentencing is set for 3:15 p.m., May 10, in Rochester Federal Court.

The charges against the four other defendants in case are still pending.

Vanelli's co-defendants are Donna L. Boon (aka Donna Mcauly), 44, of 3658 Batavia-Oakfield Townline Road; Andrew W. Chapman, 40, of 5 Cedar St., Batavia; Kerry A. Ball, 51, of 7202 Meadville Road, Basom; and, David H. Cohen, 49, of 918 Goodman St., Rochester.

Ajuna Mona Pruitt, 19, of Dawnhaven Drive, Rochester, is charged with reckless endangerment and criminal trespass, 2nd. Pruitt is accused of entering a room at College Village without permission and then, while in the parking lot, striking another woman with her car. The alleged incident occurred at 6:30 p.m., Monday.

Ajuna M. Pruitt, 19, of Dawnhaven Drive, Rochester, along with Ebony S. Barnes, 18, of Chaplain Street, Rochester and Shibritney M. Colbert, 19, of Shelter Street, Rochester, are charged with harassment, 2nd. The trio are accused of going to an apartment at College Village at 10:39 p.m., Tuesday, and banging and kicking on a door in an attempt to get the resident to come out and fight.

Danielle Marie Kotmel, 30, of East Main Street, Corfu, is charged with petit larceny. Kotmel is accused of stealing a red Dell laptop computer. The alleged theft is believed to have occurred in December but was not discovered until an audit was completed in January.

Robert G. Woodhouse Jr., 50, of Creek Road, Bethany, is charged with criminal trespass, 2nd, and criminal mischief, 4th. Woodhouse is accused of entering a residence and remaining unlawfully. He's also accused of damaging a door.

Richard John Downs, 48, of Oak Orchard Road, Elba, was arrested on a probation warrant out of Town of Elba Court.

Steven Michael Keaton, 38, of Gilbert Street, Le Roy, is charged with criminal contempt, 2nd. Keaton is accused of contacting a woman whom he was ordered not to contact.

The case of Chris Charvella, accused of placing an unwanted phone call to Legislator Jay Grasso, is moving back to Genesee County Court with a request that Judge Robert C. Noonan reassign the case again.

Previously, the case was moved from Le Roy Town Court to Town of Batavia because both judges in Le Roy had conflicts of interest.

Charvella's attorney, E. Robert Fussell, told Town of Batavia Justice Michael Cleveland that he and the District Attorney's Office agreed the case should be heard by a judge who is an attorney.

Cleveland is not an attorney.

Justice Tom Williams in Town of Batavia Court is an attorney.

Cleveland said that when the case was moved to Batavia, he and Williams discussed the case and decided that Cleveland would hear the case. Cleveland did not explain why they reached that decision.

Fussell will submit an application to Noonan to have the case reassigned to another town court, such as Stafford, where an attorney sits on the bench. Yet Stafford does not have two judges with a legal degree. The case could still wind up before a non-attorney judge.

The case needs to be heard by a judge who is an attorney, Fussell said, because of the Constitutional issues involved in the case.

Charvella is charged with harassment, 2nd, under the provision of the law that prohibits phone calls for no legitimate purpose.

After some back-and-forth between Charvella and Grasso prior to the last election -- in which Charvella reportedly wrote that he would shove some campaign signs up some people's rear ends -- Charvella called Grasso's house and said, "Thanks for reading my blog."

Grasso, who represents Le Roy, contacted State Police and had Charvella arrested on the harassment, 2nd, charge.

For previous coverage, click here.

Damion Michael Frye, 35, of 3662 Route 19 South, Warsaw, is charged with resisting arrest, escape and trespass. Fry is accused of refusing to leave The Eagle Hotel after being asked to do so by security. Le Roy Police responded and officers Robert Tygart and Emily Clark reportedly approached Frye and he was reportedly given several opportunities to leave. When he allegedly refused, he was placed under arrest. Frye allegedly refused to cooperate with the officers and struggled when they tried to place him into custody. Deputies from the Sheriff's Office responded to assist. Frye was Tasered by Deputy Frank Bordonaro. There was then a short foot pursuit before Frye was taken into custody. Frye was jailed on $5,000 bail.

Kenyada R. Peterkin, 29, of 323 Saxton St., Rochester, is charged with menacing, 3rd, criminal mischief, 4th, and endangering the welfare of a child. Peterkin is accused of going to the residence of a woman whom he knows at 5:30 p.m., Friday, and damaging her personal property. He also allegedly threatened the woman there with heated cooking oil. A child present at the time.

Robert L. Williams Jr., 20, of 337 Ellicott St., Batavia, is charged with disorderly conduct and resisting arrest. Williams was allegedly involved in a disturbance in the parking lot of Days Inn, 200 Oak St., Batavia. He was reportedly advised to leave and refused, shouting obscenities. When Officers Darryl Streeter and Eric Bolles attempted to arrest Williams, he allegedly struggled with officers.

Cody Lee Niccloy, 19, of Summit Street, Le Roy, is chargd with DWI, driving with a BAC of .18 or greater, moving from lane unsafely and speed not reasonable for conditions. Niccloy was involved in a property damage accident at 2:47 a.m., Friday, at 7982 Byron Road, Stafford. Upon investigation by Deputy Eric Seppala, Niccloy was allegedly found to be intoxicated.

A 17-year-old resident of Route 237, Byron is charged with petit larceny. She is accused of stealing an iPod Touch from the locker room at Le Roy High School.

Chantel M. Garrett, 18, of Batavia-Stafford Townline Road, is charged with harassment, 2nd. Garrett is accused of punching another student in the face while in a dorm room at College Village.

Kevin John Milbrand, 46, of South Lake Road, Pembroke, is charged with harassment, 2nd. Milbrand was allegedly involved in a fight with another Pembroke resident.

Jeannie M. Mobley, 35, of 10 Hall St., Batavia, is charged with DWAI, aggravated unlicensed operation, 2nd, and unsafe backing. Mobley is accused of backing into another at car at 5:48 p.m., Sunday, near the Clinton Street entrance of Eastown Plaza.

Jody B. Gillett, 50, of Pine Hollow Drive, Batavia, is charged with DWI and driving with a BAC of .18 or greater. Gillett was arrested after allegedly being observed by Le Roy Police Officer John Duyssen driving at an excessive speed and spinning the car around in the Tops Market parking lot.

As a precautionary measure, the children at Wolcott Street School in Le Roy are being evacuated because of the smell of natural gas.

Rochester Gas & Electric Co. has been notified. Le Roy fire and ambulance crews are responding in case they are needed.

UPDATE 11:56 a.m.: Wolcott Street is being shut down. RG&E is on location. All Le Roy manpower is called to the scene. The school is at 6 Trigon Park.

UPDATE 12:08 p.m.: RG&E has pinpointed where the natural gas smell is coming from and is fixing it. But the children are continuing to exit the school as instructed. An officer asks if a group of kids wearing T-shirts from gym class can be escorted to the nearby church and/or MacDonald's to keep warm. A supervisor says "I think we're going to have to put everybody in the far building on Trigon Park." A fire truck is told to park at an intersection close by, not sure which one, to help control traffic.

UPDATE 12:19 p.m.: All Le Roy ambulance units are put back in service, leaving the scene.

UPDATE 12:23 p.m.: Fire police are reopening the intersection at Main and Wolcott, and Wolcott Street as well.

A 48-year-old woman is facing two felony charges, accused of stealing $6,172 from her employer, a child-care facility.

Doris M. Castle, of 8325 Vallance Road, Le Roy, is charged with grand larceny, 3rd, and falsifying business records, 1st.

Castle is accused of pocketing funds from clients who paid in cash for child-care services.

Det. John Condidorio said Castle also allegedly altered a cash receipt journal in order to try and cover up her alleged thefts.

Castle was releasedon her own recognizance.

Rebecca A. Chatley, 19, of 61 Mill St., Le Roy, is charged with grand larceny, 4th. Chatley is accused of going through the purses of fellow employees at a business in the Village of Le Roy. When confronted, Chatley was allegedly found in possession of another employee's debit card. Chatley was released on an unspecified amount of bail.

Melissa Ann Peterson, 25, of Jackson Street, Batavia, is charged with petit larceny. A complainant reported on Dec. 22 that Peterson failed to return a set of keys. Peterson reportedly denied repeatedly having the keys, stating adamantly, according to a Sheriff's Office release, that she returned the keys.  Peterson then later turned the keys over to the Sheriff's Office.

Summer Ogden, 34, of Ellicott Street, Batavia, who has a previous conviction for criminal possession of a weapon, 3rd, is charged with resisting arrest, attempted criminal mischief, 4th, and criminal tampering, 3rd. Ogden was reportedly being held in Wyoming County Jail for an unrelated incident. A warrant was issued for her out of Town of Batavia Court on the listed charges. (Previous Reports)

Assante Darrell Huggins, 18, of Brunswick Boulevard, Buffalo, is charged with petit larceny. Huggins was arrested on a Darien Town Court warrant following his release from the Erie County Holding Center on an unrelated charge. Huggins was jailed on $500 bail.

Kipa Luii Limonti, 39, of Roebling Avenue, Buffalo, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and no vehicle inspection. Limonti's vehicle was stopped by a State Trooper for alleged traffic violations at 12:40 p.m., Jan. 3, on Park Road, Batavia. The vehicle allegedly had a 2009 inspection sticker and a bald front right tire. Deputy Brian Thompson provided backup for the trooper and his K-9 "Pharaoh" allegedly alerted on the vehicle and Limonti was allegedly found in possession a small amount of marijuana.

Phylicia L. M. Carey, 18, of North Street, Le Roy, is charged with DWI, and driving with a BAC of .18 or greater. Carey was reportedly involved in a two-car accident on Church Street. Carey's car reportedly hit a parked car and then a utility pole. Carey was arrested by Le Roy Police.

Dennis Kaijage Stambuli, 18, of Sutton Park Road, Poughkeepsie, is charged with unlawful possession of marijuana. Stambuli was allegedly found in possession of marijuana by Deputy Kevin McCarthy, who responded to a complaint of a loud party in the Village of Oakfield at 9 p.m., Jan. 14. A 17-year-old was arrested and charged with unlawful possession of marijuana at the same time.

Angela Maria Draper, 34, of Transit Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Draper was allegedly involved in a one-car accident at 2:47 a.m., Saturday, on Route 63. Her car reportedly went into a ditch and struck a mailbox. The accident was investigated by Deputy Howard Carlson.

Scott E. Clark, 49, of 172 1/2 South Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and speed not reasonable. Clark was reportedly involved in an accident at 10:30 p.m., Friday, on Ellicott Avenue near Washington Avenue, Batavia. Clark's car reportedly slid into a curb and rode up the guide wire of a utility pole, coming to rest on its side. Clark was not injured in the accident. (Initial Report)

Ryan Rast, of South Street in Le Roy, stands next to a giant snowman he built in his front yard with his buddy Ben Long.

A Le Roy man accused of making at least one sexually explicit video involving a minor isn't being held in jail because of the case's individual circumstances, said the Le Roy Police Department detective who made the arrest.

Det. John Condidorio said it was his recommendation that Stephen M. Smith be released to the supervision of Genesee Justice following his arraignment in Le Roy Town Court on charges of possessing a sexual performance by a child, promoting sexual performance of a child and use of a child in a sexual performance.

The detective said such decisions are rendered on a singular basis and the law.

"Each case needs to be looked at individually and it's totally (up to) the police department, the district attorney's office and the courts," Condidorio said.

It is the "looking at the totality of the case" that explains, Condidorio said, why Smith's case wasn't referred to federal authorities, and why supervision by Genesee Justice while the charges are pending fits the circumstances.

Smith, however, may yet face statutory rape charges once State Police detectives complete their own investigation.

The video, or videos, allegedly involving a minor from Le Roy, were not made in the Village of Le Roy. Condidorio jurisdiction is confined to the village.

Meanwhile, a person who has identified herself as Smith's girlfriend, who is also the minor child who may have been involved in the videos, has left comments on Facebook and sent an e-mail to The Batavian defending Smith.

The girl said Smith is embarrassed by the charges and upset by reading accounts of the case in the media.

She said she's known Smith since 2006 and they've been involved in a relationship since Aug. 24, 2008. She said he is the father of her 8-month-old child.

"I'm writing because I am concerned with what was stated in the posts about Stephen's charges," the girl wrote. "I fully understand that what I have to say most likely won't matter to anyone because people will judge him because of this no matter what is said or isn't said. That is fine, because anyone that KNOWS him on a personal level, knows that he is not some sick predator."

The girl writes that Smith used a camera that had been given to her as a present and indicates that making the video or videos was her idea.

She said she left the camera at Smith's residence unintentionally and it was seized when detectives searched the place.

"I had Stephen call the day after they confiscated our things and informed them that there was going to be inappropriate content on my camera," she wrote.

Condidorio said he couldn't discuss the content of the girl's Facebook post or even confirm that the victim was female.

He said he was prohibited from discussing the case in detail and could only talk in general terms about how similar cases are handled.

"It is our policy in the police department to try and protect victims of any crime as much as possible," Condidorio said. "But it is still a free country and it is not our policy to try and control the actions of victims."

Even though the girl sees herself as somebody who is in a relationship with the accused, at 16 or 17, under New York state law, she is not old enough to consent to sexual relations.

Besides the alleged video involving the girl, Smith is also accused of using a video file sharing service to pass along and download videos involving other minor children engaged in sexual activity.

The type of service Smith is accused of using is called peer-to-peer, which means users install software that allows them to share the contents of specific folders on their own hard drives.

The case was brought to the attention of Le Roy Police when New York State Police Computers Crime Unit notified the Le Roy Police Department that a person at 41 Elm St. in Le Roy allegedly possessed, and was sharing sexual videos of, underage children via the Internet.

Condidorio stressed that there is no evidence that Smith shared video involving the alleged local victim in this case.

The girl said she and Smith were upset when the case was first reportedly publicly.

"It sincerely made me nauseous and shaky when I first read this article on Wednesday night -- to know that the reputation of someone you love has been destroyed for something blown so far out of proportion," the girl wrote.

"And to know that he would be viewed in a disgusting way by the public. The look on Stephen's face when he read this article was unexplainable. I have never felt how I have these past few days."

A Le Roy man is facing three felony charges after he allegedly lured a young acquaintance into performing sexual acts in front of a camera and then sharing those videos online. CORRECTION: Det. John Condidorio sent a note this morning saying there is no evidence that the video the suspect made was shared online.

He's also accused of downloading and sharing other sexual content involving other children through a file sharing service.

Stephen M. Smith, 21, of 41 Elm St., Le Roy, is charged with possessing a sexual performance by a child, promoting sexual performance of a child and use of a child in a sexual performance.

Smith allegedly lured a person under age 17, whom Det. John Condidorio describes as "an acquaintance" of Smith's who also lives in Le Roy, into performing a sexual act and then making the video available on the Internet through a file sharing service.

File sharing services allow person share music, video and pictures directly from his own hard drive with other people on the Internet using the same software.

Quite often such services are used to share pirated music and movies among users.

The first charge accuses Smith of possessing sexual material involving children under 16, the second accuses him of allowing such material to be shared online and the third involves luring the Le Roy minor into a sexual performance.

Condidorio said he doesn't believe any other local minors were involved in making videos with Smith.

Smith was arraigned by Justice Kermit Arrington of the Le Roy Town Court and released under supervision of Genesee Justice.

No federal charges are pending and Condidorio said Smith has been cooperative throughout the investigation.

The investigation began in March when the New York State Police Computers Crime Unit notified the Le Roy Police Department that a person at 41 Elm St. in Le Roy allegedly possessed and was sharing sexual videos of underage children via the Internet.

A joint investigation was initiated and in July of 2010, the Le Roy Police executed a search warrant at the residence and secured computers and video cameras. These were later examined at the Western Regional Computer Forensics Lab in Buffalo and allegedly possessed sexual videos of underage children.

Mickey Harlan DeJesus, 22, of Perry Road, Pavilion, is charged with criminal contempt, 2nd. DeJesus is accused of contacting a female he was ordered not to contact. The protection order was issued by Town of Le Roy Court. DeJesus was jailed on $500 bail.

Brian Richard Gombos, 21, of Britt Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable and moving from lane unsafely. Gombos was arrested following a traffic accident at 2:39 a.m. today in the area of 7104 Quinlan Road, Le Roy. Gombos's car reportedly struck a utility pole. There were no injuries in the accident.

Jeffrey Allan Mooney, 57, of Quaker Road, Albion, is charged with driving with ability impaired by drugs, no license plate lamp, insufficient tail lamps and leaving scene of a property damage accident. Mooney is accused of driving a car that struck gas pumps at Yellow Goose in Elba and then leaving the scene at 4:41 p.m., Jan. 6. Following a tip from a witness, Mooney's car was spotted on Route 98 in the Town of Batavia by Deputy Cory Mower.

Kevin Robertson, principal at Holy Family School, Le Roy, submitted this item about Lorie Longhany's art classes at the school.

Since returning from Christmas break, there has been a lot of bustling activity in Mrs. Longhany's Art Room at Holy Family School.

Kindergarten has been learning about texture and tone, and have created portraits of cookie monster.

Others are exploring units on penguins with warm/cool projects -- with crayons for first grade, collages in second grade -- where glaciers and icebergs are incorporated in South Pole landscapes. Third-graders are currently working on papier-mache penguins from recycled juice bottles, a favorite of Holy Family students!

Fourth-graders are creating Native American symbols and shields, fifth-graders are designing a 3-D meal from salt clay. Meanwhile, sixth-graders are venturing back to Ancient Egypt and creating scareb amulets and gold scratch-art portraits of King Tut using hieroglyphics.

Seventh-graders are working on tempera painting in pop-art style using tinting techniques. Eighth-graders are exploring the gold-guilded work of Austrian artist Gustav Klimt with portrait scratch-art.

Visual Arts are an important experience at HFS where an emphasis is put on cross-curriculum as well as art fundamentals, which also include faith-based projects centered around the yearly Catholic calendar. Pictured above with art teacher Longhany are Holy Family's Artists of the Week.

One of Batavia's landmark signs has been partially shut off the past few nights, and a new sign has gone up on the historic Pontillo's location. It reads "Batavia's Original."

Meanwhile, an ad in the Le Roy PennySaver this week announced that the Le Roy Pontillo's location will close its doors Thursday. All gift certificates for that location must be used by that date, the ad said.

The owners of the Batavia Pontillo's/Batavia's Original were served with a federal trademark infringement suit in September. There's no word on the status of that lawsuit.

In October, it was disclosed that the Le Roy location is allegedly delinquent in taxes, with $24,261 owed to the county, school district, village and town.  If not paid, the property could go up  for auction in March. UPDATE: County Treasurer Scott German says the property taxes were paid in December.

Sam Pontillo told WBTA that his parent's estate owned a majority share of the Le Roy location.

"I didn't want to be tied to there with the mortgage anymore," Pontillo said. "So, I think it's time for something new for me."

In November 2008, when the Batavia Pontillo's location closed, Sam Pontillo told the Batavia Daily News: "I do not own that one," Sam said, pointing west toward Batavia from the Le Roy Pontillo's. "I own this one."

The estate has been tied up in a protracted lawsuit.