Monday morning, Pontillo's restaurant in Batavia closed up shop temporarily for renovations. "It's all good," owner Sam Pontillo told Daily News reporter Joanne Beck. In that article, which appeared in the Tuesday edition of the Daily, Beck wrote that Pontillo "expects to re-open ... within a couple of weeks."

One has to wonder if that's really the case. Owing to an anonymous tip, The Batavian has learned that "Pontillo's Pizzeria" in Batavia owes more than $112,000 in unpaid taxes to the New York State Department of Taxation and Finance. In an attempt to collect those funds, the state department has issued six tax warrants to "Pontillo's Batavia Pizzeria Inc." totalling $58,379. Another roughly $53,000 in unpaid taxes were the subject of warrants issued to other "trade" names of Pontillo's.

Finance Department Spokesperson Susan Burns:

"Generally, the tax department tries to work with the taxpayer and work on some sort of negotiated settlement in order to satisfy those warrants. Generally we like to see everything come to a positive outcome, and that's generally what happens in these situations. Sometimes, is there a time when a business is seized? Yes, that happens also."

No seizure of property has yet been made by the state, however, Burns said. Pontillo's is not faced with any deadline when the taxes must be paid. Burns stressed that the department does its best to negotiate a settlement before it comes to legal seizures.

In a records search at the Office of the Genesee County Clerk, The Batavian turned up six tax warrants issued to Pontillo's Batavia Pizzeria Inc. Two of those were for withholding tax, three for sales tax and one for corporate tax, explained Burns. They were issued between March 28 and October 17, of this year. All are still outstanding.

In addition to these, we discovered another tax warrant issued to "Sam's Tomato Pies Inc." and "Pontillo's Pizza" in the amount of $36,117.80. Another warrant in the amount of $17,585.03 was issued to "Pontillo's Pizzeria." Burns explained that "Pontillo's Batavia Pizzeria Inc." has been trading under the name "Sam's Tomato Pies Inc." for about a year or so now. Pontillo's Pizzeria is the sort of general rubric that comprises the Batavia Pizzeria Inc. and Sam's Tomato Pies. That entity is responsible for all of the owed taxes listed under all three "trade" names, which amounts to more than $112,000.

A warrant was also issued to Pontillo's Batavia Pizzeria Inc. by the New York State Department of Labor in the amount of $1,640.92. The Workers' Compensation Board of the State of New York has also filed a judgment in the amount of $1,250, in addition to a civil suit filed with the state's Supreme Court.

Whether this is related to the recent closure of Pontillo's, we cannot say. The Batavian tried to contact Sam Pontillo earlier today. We left a message at the Pontillo's restaurant in Le Roy at 3:30pm. We also tried a telephone number listed for John Pontillo in the Batavia phone book, but that was disconnected.

Voters in Genesee County may have proved last night that this is still GOP country. Republicans won the day pretty much across the board here. Nevertheless, Democrats made the greater strides across the state—and across the nation—and are poised to seize all of the reins in Albany for the first time in nearly a century.

From the Democrat & Chronicle this morning:

Democrats captured control of the state Senate on Tuesday for the first time in more than 40 years, knocking off at least two Republican incumbent senators.

A third Republican incumbent was locked in a tight race at press time.

If the results hold up, the Senate next year will have 32 Democrats and 30 Republicans. That will give Democrats control of every statewide office and both houses of the Legislature for the first time since the Great Depression.

Republican leaders blamed their loss on the Barack Obama landslide.

Whatever the "Republican leaders" point to as the reason for their loss, that finger ought eventually to come back around at themselves, for they surely had a hand in their own defeat. I'm still amazed that Chris Lee beat out Democrat Alice Kryzan in the 26th Congressional District, even though Lee shunned all press appearances and seemed to make no real visible effort to get out the vote, relying instead on attack ads to win him the spot.

Where do you think the blame lies, if anywhere? Do you think the state will benefit or be hurt by the new majority control in Albany?

On a cursory glance over the election result totals for Genesee County released earlier this morning, it looks as if county residents followed pretty closely along the major voting lines sketched out last night. In other words, the county, as did its greater districts, remained for the most part Republican. As Legislator Jay Grasso predicted yesterday afternoon, Genesee County remained a "red county"—even in its support of the McCain/Palin ticket.

Sen. John McCain was the clear favorite in this county, pulling in 14,573 votes, compared with the 10,029 levers pulled for President Elect Barack Obama. Most of the McCain supporters came from the towns and villages, but he did pick up a majority in the city of Batavia, as well (2,955 to Obama's 2,823).

We've got the complete numbers for how each municipality voted in the county. We can get into more detail later today, if folks are interested.

Melissa A. Judd, 26, of 2 Shady Lane, Batavia, was charged with a felony count of third-degree criminal possession of a controlled substance and a misdemeanor charge of third-degree aggravated unlicensed operation, Genesee County sheriff's deputies said. Judd was stopped yesterday afternoon at the intersection of Lincoln and Washington avenues. She was allegedly driving with a suspended license and in possession of crack cocaine. Judd was sent to Genesee County Jail in lieu of $1,000.

Rachael A. Baehr, 21, of Elba, was charged with second-degree harassment, fourth-degree criminal mischief and second-degree reckless endangerment yesterday for an incident that occurred on October 27, deputies said. Baehr is accused of breaking the window at a residence on Perry Road in Pavilion, entering inside the home and punching the homeowner in the face. While there, Baehr allegedly struck her friend with her vehicle while trying to leave. Baehr was also charged with first-degree unlawfully dealing with a child. On that charge, she is accused of giving alcohol to her friend who is underage.

What I write below started as a comment in response to John Roach in response to this post, but as I wrote, I realized this is probably just my wrap up commentary on the 26th District congressional race. So, first John's excellent comment, and then my response.

It could have been the DNC negative ads that killed off Alice. Who ever came up with the Chris Lee was fired line at the last minute did Alice no good. Even if the charge is true, the way it came out, and at the last minute, made it look like a stunt. The China thing the national DNC lied about did not help either.

Chris told and/or his side told lies also. It just seems the side that lied the most lost.

John, Chris negative ads, as I said, were pretty devoid of substance -- "liberal trial lawyer" ... "she will raise taxes" ... scripted in 1988.  They had nothing to do with who Alice Kryzan really is, but painted her as characterture. They were relentless.

But I think the ads had the effect they were meant to have, which I didn't really think about until last night: They kept the base loyal.  Lee wasn't really trying, with those ads, to appeal to swing voters, just keep the GOP in the GOP column.  Drown out any positive message Kryzan might have.

And you're right, the DCCC did Kryzan no favors.  Whatever chance Kryzan had, the DCCC killed it. First, the negative ads were over the top and in no way truthful.  Second, they also crowded out Kryzan's message and didn't allow Alice to be Alice. In the end, they played right into the Lee/GOP strategy of muting Kryzan's plans and policy voice.

Kryzan's one chance of winning was to run a campaign of substance on issues, and not make it about Chris Lee. The DCCC tried to make it about Lee. Big mistake.

And you're right about the "fired" thing. I hadn't considered it from that light before. And in that light, you could make the case that the Kryzan campaign mishandled it, because they really tried to play it up.  Langworthy and Lee probably made stick the counter spin of "Kryzan's desperate campaign."

But let's face it, Jon Powers didn't do Kryzan many favors. He was slow to endorse her, and my sense from that is that the Democratic base was then slow to rally to her cause. He didn't start soon enough with the effort to get his name off the Working Families line. He didn't get out on the campaign trail for her soon enough.

That said, I'm optimistic that Chris Lee is a decent fellow.  I've met him once and he left a favorable first impression on me.  I remain concerned that he'll be a "reliable GOP vote" rather than an independent voice of and for the district. I would love a chance to sit down and talk with him at some length about his plans and his policies. Also, he's going to have a very tough job as a freshman congressman working within a decimated GOP minority.

Much has been made over earmarks (pork) the past two years, but the fact is, if you want to target meaningful reductions in Federal spending, pork is a poor choice of where to begin with the knife. Earmarks make up less than 5 percent of the Federal budget. But what earmarks do is allow a congressman to return some taxpayer money to the district.

If used to help build roads, upgrade other infrastructure, finance green business start ups, help local agencies get jobs done they could otherwise not afford, than earmarks help create jobs and make life better in a district. Earmarks shouldn't be used just to do favors for campaign donors.

So here's to hoping Lee will fight for the 26th District's share of pork, and then some.

As for being a "reliable GOP vote," I guess there are two ways of looking at that.  With the GOP in such dire straits in the House, the Republicans sticking together as the opposition party might have some mollifying effect on the Democrats (nothing against Democrats, but in any two-party Constitutional government, there should be some sort of opposition).

On the other hand, Lee has just won a seat that almost guarantees him no more than two terms in office (it will likely be eliminated in redistricting in 2012). The GOP is in disarray and will go through a good deal of soul searching and a few internal battles as it tries to rebuild a meaningful philosophical core.  That may take a generation or two, just as it did post-Hoover This would be a great time for a man like Lee to step out and define himself as an independent voice. It could be what makes or breaks his political career from 2012 onward.

There's no reason Lee can't fashion a voice and voting record that stands in opposition to the most extreme of Democratic plans, but doesn't kowtow to the Republican House leadership.  It will be interesting to see which path Lee chooses.  I haven't given up hope that Lee did what he had to do -- go along with the GOP election strategy  -- in order to safely win the seat, but that he has within him the capability to now step forward and better define himself as a legislator and as a representative.

We're still waiting on the final numbers in the race for the 61st State Senate District. With 85 percent of the districts reporting in Erie County, however, Republican Mike Ranzenhofer looks set to claim victory in his contest with Democrat Joe Mesi. Ranzenhofer pulled 49,870 votes in that county. Mesi received 44,183 votes.

We got Ranzenhofer on the phone a few minutes ago to get his thoughts on the victory.

"It feels great. I'm very exicted about having the opportunity to represent the people of Genesee and Erie counties and go to Albany and solve some of these very severe problems, these financial problems. I'm looking forward to getting to work and rolling up my sleeves and getting started.

"In my speech tonight, I congratulated Joe on a well-run, hard-fought, close race. Joe was a gentleman."

What is the first item on your agenda upon arriving in Albany?

"I have no first agenda item. I have a couple of items of dealing with the lack of economic opportunities and jobs in this area. My first order of business is to propose legilslation to cut taxes across the board. I will try to relieve some of the burdens and regulations placed on small businesses."

For more about Ranzenhofer's thoughts on dealing with the state's financial woes, please check out our video interview with Ranzenhofer that was posted last week.

Genesee County saw a couple of very tight races tonight.

Republican Michael Davis beat out Democrat Lawrence Stabell for the open seat on the Darien Town Board by a margin of 68 votes (677 to 609)—a third candidate, Conservative Richard Wurl, picked up 43 votes.

The race was even closer in Le Roy, but Democrat Thomas Stella held onto his seat on the Town Board. He beat out Republican Robert Taylor Jr. by a margin of 62 votes (1,468 to 1,406).

Republicans Donald Coleman and Robert Youngfleisch retained their positions as Genesee County coroners, beating out newcomer Nicole Brady, who ran on the Conservative line. Coleman and Youngfleisch pulled 11,016 and 12,014 votes, respectively. Brady received 4,389 votes.

It looks like Republican Chris Lee will win the day in the 26th Congressional District. With 498 of 631 districts reporting, Lee has pulled 106,168. Kryzan landed 77,900. CNN reports that Genesee County voters followed pretty cleanly along those lines: 6,718 of county residents pulled the lever for Lee; 3,603 for Kryzan. (Those seem to be the only numbers yet available for Genesee County. We expect a fax from the county Board of Elections within the hour.)

We're waiting on word from the Lee camp. We'll be sure to pass along a statement from that campaign when we get it.

(Update - 11:36pm): We've received a statement from Lee on his victory.

"Tonight we are one step closer to getting Western New York and our country back on track.

"We are now going to take to Washington our agenda of job creation, lowering taxes and making government more accountable.

"What has brought me here tonight has truly been a team effort – I owe a debt of gratitude to the dedicated group who helped run this campaign, to the incredible number of volunteers and the more than 1,300 supporters who invested their resources into our message. I am grateful to my family for their love and support. They have been incredible.

"My career has been solely in private sector these past 20 years. I will bring a much needed voice to Washington as someone who knows how difficult it is to earn a dollar and will therefore be a much better steward of your hard-earned tax dollars.

"This is a victory worth celebrating – but we certainly have our work cut out for us, and I will need your help and support in the months ahead."

We've still got plenty of precincts that have yet to report, but in many races, we're past the half way point and we're looking at growing leads for Republicans Mike Ranzenhofer and Chris Lee. Ranzenhofer leads Democrat Joe Mesi 29,049 to 27,483 in Erie County. Lee leads Kryzan 78,301 to 57,615 throughout the district, according to the Democrat & Chronicle.

Election results are startin to come in from Erie County—we will likely have to wait until after 10 o'clock to hear about the results out of Genesee County.

In Erie, Republican Mike Ranzenhofer leads Democrat Joe Mesi in the 61st State Senate District by a very slim margin of 107 votes and two percentage points. Republican Chris Lee leads Democrat Alice Kryzan in the 26th Congressional District by a margin of 135 votes. That's especially unfortunate for Kryzan as Jon Powers pulled exactly that many votes on the Working Families line, though Powers stands no chance to win the race, having lost the Democratic nod to Kryzan in the primary.

Totals in the race for the 61st are from about 10 percent of the districts reporting. Those for the 26th are from about 6 percent.

We will post more results as they come in. In addition to Genesee County, we're also waiting on results for Wyoming, Monroe and Livingston counties.

(Update - 9:47pm): Rochester's Democrat & Chronicle has some more comprehensive numbers up. Nothing from Monroe or Genesee. Yet, they show Lee with a more significant lead over Kryzan right now, 19,490 and 13,992 respectively. The gap in Erie County also seems to be growing.With 24 percent of the precincts reporting there, Kryzan has a total of 8,832 to Lee's 9,377.

We tried to catch some first-time voters as they came out of the polls today in Batavia. Unfortunately, we only ran into a handful of them, and only three were willing to chat with us on camera. All three of them were girls, and all three voted Democrat, at least in the presidential election. Here's what they had to say:

While we were down at the Democratic headquarters this afternoon, 26th Congressional Candidate Alice Kryzan, who was stopping by on her tour across the district throughout the day. We asked Kryzan how the day had gone and what she saw on the campaign trail.

Earlier today, we stopped by the Genesee County Democratic and Republican headquarters in Batavia to see how the campaigns were doing as we come down the stretch. It couldn't have worked out better, as we ran into everybody's favorite Democrat Dan Jones and everybody's favorite Republican Jay Grasso.

Here's what they had to say about how hard they're working and why their side will win tonight. Who sounds more convincing?

How many voters haven't paid close attention to the election, just saw the negative commercials and then decided to vote for the third-party candidate?

Blogger Lauren, from Rochester, suggests she was planning to vote for Jon Powers:

The problem is that I've been watching Rochester TV for the past two months and can recite word for word all the low budget smear campaign commercials of local political hopefuls there.

I know all about Alice Kryzan and Chris Lee and how Alice accuses Chris of sending jobs to China and only caring about his small business making money, and Chris likes to constantly remind everyone how Alice is a "liberal trial lawyer". Truth be told, I side with Alice because at least she's acquainted with the law. Chris owns some electrician business or something equally unrelated to politics and is probably just trying to get in office so he can vote against Joe the Plumber taxes and maybe lower minimum wage. If I voted in Rochester, I'd probably vote for a third party guy simply because he didn't subject me to ominously voiced-over shitty commercials for two months, and leaving me the hell alone during It's Always Sunny in Philadelphia is what I truly value in a candidate.

Despite every effort to get Kryzan on the Working Families line, the courts kept Powers, who reportedly moved out of state, on it.

It will be interesting to see how many votes that line gets and then speculate whether it could have made a difference.

While these elections haven't really captured my attention, I always like to know what is going on around town. I went out to visit a few polling stations in the city (Holland Land Office, Robert Morris, YMCA) and for an early afternoon while most people are still at work, there was a decent turnout.

I talked with a lot of people about the importance of doing their duty as Americans and making that vote. Many of the people were very passionate about that.

Some of the volunteers I spoke with said that the early morning saw a ton of Batavians out voting and they expect it to be swamped after people get out of work.

 As I was out checking out some polling spots in Batavia, I happened to notice some fire trucks on Union St.

I stopped to see what was going on and it wasn't anything too serious, but somebody lost their lawnmower.

Apparently some dry leaves got caught up in the mower and started the blaze.

We're going to get a little air time on WHAM tonight. Evan Dawson has invited me to appear on the the station's 10 p.m. election coverage.  I'll be there to talk about the 26th District Congressional race.

For anybody visiting The Batavian for the first time from the link on Evan's blog, you can check out our congressional race coverage on this link or this link.

And Evan called me a Libertarian.  I'd never use the big L -- being non-partisan, or the slightly insulting "blank" in New York political lingo  -- and I think more apt is decentralist and localist, and of course a strong belief in individual liberty.

Thanks to my friend Rottenchester of the Fighting 29th blog for arranging this. It will be the first time 16 years that I've been on TV as a journalist to talk about elections.

Pontillo's closed Monday morning and will remain that way for a couple of weeks or more, according to the Daily News. The restaurant will undergo renovations in that time.

In other news, the city school district—along with others all over the state—have been warned "to brace themselves about future state aid," according to Pat Burk, Batavia's Board of Education president. More info should become available in a couple weeks.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

The battle between Democrat Alice Kryzan and Republican Chris Lee for the 26th Congressional District is entering the ninth inning, and the someone from the GOP opposition has called in a pinch hitter. There's only one problem, the slugger won't tell us his name.

The Kryzan campaign is alleging that an anti-Kryzan flier that has been arriving on doorsteps in Amherst this morning is illegal. In fact, campaign spokesperson Anne Wadsworth told us that the campaign crew that arrived at the volunteer center in Amherst at 5:30 this morning found a flier waiting for them. They have not yet gathered how many have gone out, nor how widely distributed they are, but we should find out more as the day goes on.

"Telling lies about Alice's record is nothing new for Chris Lee and his supporters," said Wadsworth. "But to put this out on election day is a continuation of the smear campaign they've been running. We know that Chris Lee has problems with ethics, but this effort by his supporters to mislead voters today—of all days—shows blatant disregard for the election laws and the truth."

A representative of the campaign for Chris Lee told us that they were not aware of any such fliers being distributed. We're waiting on an official statement from them that should come later this morning.

Genesee County Democratic Elections Commissioner Dawn Cassidy told us that if the flier were placed in a mailbox, the activity would certainly be illegal. Also, if it's a paid advertisement—negative or not—whoever paid for it has to say so on the flier.

However, says Cassidy, "if someone's running off Xerox copies from home, I don't know how we can track it down. ... If they put it in a mailbox and there's no postage, that's a problem. But still, I don't know how we can stop that."

Have you heard of any last ditch attempts to sway the vote that don't seem so kosher? Send us your reports of any potential problem you encounter at the polls, at home or at work today. We'll be sure to get them right up on our site.

The NY Department of Elections has release final voter registration totals for 2008 (PDF).

In Genesee County

In the 26th Congressional District: