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Today's Deals: Pudgie's, Color Salon, Adam Miller, Sallome's and more

By Howard B. Owens

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Get started on your spring gardening projects. We have a $25 gift certificate for $12.50.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for five weeks of yoga, a $50 value, for $25.

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out. We have $10 gift certificates for $5 each.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

The Color Salon, 35 Center St., Batavia, NY: Susan Francis, the owner and stylist at The Color Salon reminds women, "your hair is your greatest accessory." Francis has more than 20 years of experience helping women get the best hair color. We have a $50 gift certificate for $25.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Murder charge brought against Elmira woman accused of killing Batavia baby

By Howard B. Owens

An Elmira woman accused of killing a toddler from Batavia has been indicted by a Chemung County grand jury on a charge of murder, 2nd.

Melissa S. Englehardt, 24, is also charged with manslaughter, 1st.

Twenty-one-month old Andrew John Cianfrini died while allegedly in Englehardt's care. He was found dead Nov. 10, 2009.

Englehardt is his stepmother, and she allegedly slipped methanol into his drink cup, causing his death.

The grand jury indictment says Englehard showed "a grave indifference to human life" as part of the murder, 2nd count.

She remains in a Chemung County jail and her bail has been increased from $20,000 to $100,000.

Andrew lived with his mother, Kristen Cianfrini, in Batavia.

The child's father is George Englehardt.

Gulls at Latina's market a nuisance again this year

By Howard B. Owens

There are times you can stand in the parking lot next to the vacant Latina's market and swear that you were on the film set of  The Birds. The screeching gulls seem to get louder and grow in number.

But rather than swoop down and pluck your eyes out, these feathered varmints are more likely to poop on your car.

And those droppings have area residents complaining once again, but to little avail. 

According to City Manager Jason Molino, there is no city ordinance that the property owner is violating by allowing gulls to nest on the Latina's roof.

When the city had a problem with gulls on top of City Hall, it got a DEC permit to remove the gull eggs. Once the gulls can't nest on a roof, they look for another nesting location.

Last year, we are told, the Latina's owners didn't do anything about the gulls.

Vito Gautieri is a co-owner of the building. He hasn't returned the call The Batavian placed to his office on Thursday.

Transition to private company for county's home-healthcare now complete

By Howard B. Owens

A Rochester-based home-healthcare provider has completed its purchase of Genesee County's home nursing care program.

Home Care of Rochester, HCR, received what's known as a "certificate of need" from the State Department of Health, which is required for it to provide both long-term and short-term home nursing for Genesee County patients.

Since March of 2009, when HCR acquired the program from the county for $1.5 million, HCR has been operating in Genesee County under the county's certificate of need.

With the purchase, HCR replaces the county-owned program. HCR will now handle all acute, longer-term, therapy and home health-aide services for patients receiving insurance coverage via Medicare or Medicaid.

HCR also provides care through private insurance.

Police Beat: Brooklyn man reportedly arrested for fourth time at College Village

By Howard B. Owens

Joshua Cordero McIver, 22, of 130 Third Ave., Apt. 18H, Brooklyn, is charged with criminal trespass, 3rd. McIver is accused of entering Pine Hall at College Village after being banned from the premises. He was jailed on $1,000 bail. Last week, McIver was arrested for allegedly trespassing at College Village. At the beginning of April, McIver was arrested for allegedly trespassing at College Village. In January, a Joshua C. McIver was arrested at College Village and charged with unlawful possession of marijuana.

Devonte Andreas Rolle, 18, of 136 Bank St., Batavia, is charged with aggravated harassment, 2nd, and harassment, 2nd. Rolle allegedly made a threatening phone call to a person. After the phone call, Rolle allegedly punched that same person in the face several times. Rolle was arrested by Deputy Frank Bordonaro on Haven Lane in the Town of Batavia at 6:40 p.m., Saturday.

Ryan David Wood, 18, of 6 Prospect Ave., Batavia, is charged with unlawful dealing with a child. Wood is accused of hosting an underage drinking party at 8219 Prole Road Extension, Stafford. He was arrested at 1:04 a.m., Saturday by Deputy Jason Saile.

Kyle Ramone Lewis, 23, of 253 Albermarle St., Rochester, is charged with aggravated unlicensed operation, 3rd. Lewis was turned over to the Genesee County Sheriff's Office by Erie County Correctional Dept. to answer charges out of the town of Batavia and Byron. Following arraignment in Byron, he was arraigned in Batavia. Byron Court set bail at $250 and Batavia set bail at $100.

Andrew John Rock, 23, of 7 Fisher Park, upper, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, and controlled substance not in the original container. Rock was stopped by Deputy Patrick Reeves at 8:06 p.m., Friday, on Route 33, Stafford. Reeves found Rock allegedly in possession of hallucinogenic mushrooms, hydrocodone and marijuana.

Jacob Edmend Lamberston, 21, no permanent address, is accused of being a fugitive from justice. Lamberston was arrested by Le Roy Police after being found in an apartment by Sgt .Michael Hare, who was investigating an unrelated matter. A check of records found that Lamberston is allegedly wanted in Seminole, Fla., for a violation of probation.

Jesse Eric Reidel, 18, of 2605 Dodgeson Road, Alexander, is charged with burglary, 3rd. Reidel is accused of using force to enter the Oil Doctor, 4003 W. Main St. Road, Batavia, where he allegedly stole vehicle-inspection stickers. The alleged break-in occurred on Dec. 7 around 10 p.m.

Michael J. Walters, 49, of Lackawanna, is charged with DWI and driving with a BAC of .08 or greater. Walters was stopped by State Police at 9:46 p.m., Saturday, on Angling Road in Pembroke.

Lindsey L. Palmeri, 20, of Rochester, and Richard L. Jackson, 22, of Rochester, are both charged with unlawful possession of marijuana. Palmeri and Jackson were stopped by State Police on Route 77, Pembroke, at 4:05 p.m., Friday.

Accidents from the State Police blotter:

5:50 p.m., April 24, Sandpit Road, Alexander, one vehicle; Driver 1: Melissa Sachanowski, 26, of Alexander. No injuries reported.

10:59 a.m., April 23, Batavia-Oakfield Townline Road, Batavia, two vehicles: Driver 1: Aken V. Wariebi, 44, of Rochester; Driver 2: David M. Baran, 44, of Williamsville. One injury reported.

6:16 p.m., April 24, mile marker 401.5, eastbound Thruway, Pembroke, one vehicle; Driver 1: Thomas A. LaBelle, 41, of Wynanstkill. No injuries reported.

12:23 a.m., April 25, mile marker 384.4, westbound Thruway, Stafford, one vehicle; Driver 1: Mark A. Halla, 53, of Amherst.

Barn Storm - LeRoy, NY

By Darrick Coleman

Take a look at more WNY photos at my blog at www.darrickcoleman.com!

Third Elba Music Festival a success

By Gretel Kauffman

Those in attendance at the Elba Music Festival Friday night certainly heard a wide variety of music. The 13 acts that performed ranged from a church choir to a punk-rock band to a barbershop quintet.

Featured performers were the Elba Concert Band, the Elba Presbyterian Church Choir, Dakota Hirsch, the Elba Saxophone Quartet, James Earl, the Genesee Chorale, the Elba Jazz Ensemble, Dixie Hirsch, Scene 7, Andrew Lacey and Michaela Stewart, M.A.C., Dillon Hirsch, and the Batavia Blue Belles. 

Here are two photos from the event: the Genesee Chorale; and the Batavia Blue Belles.

 

Photos: Driving in Genesee County

By Howard B. Owens

You know if I'm out in the towns, I'm going to be looking for barn pictures.  This one I found on Bethany Center Road.

After the jump are more pictures I took today as I drove between Batavia and Genesee County Park.

 

Photos: Earth Day in Genesee County

By Howard B. Owens

City and county officials were heading up Earth Day/Arbor Day activities at three locations in Genesee Park. At Austin Park, the city hosted a park clean-up day. At Dewitt Recreation Area, volunteers and children were out to clean up the park, plant trees and post birdhouses, and at Genesee County Park, volunteers were on hand to clean up the trails.

After the jump are more pictures:

Accident at Exit 48, Thruway

By Howard B. Owens

An accident has been reported on the eastbound off-ramp, Exit 48, of the Thruway. There are apparently injuries.

Pembroke and Indian Falls fire are responding.

UPDATE 5:28 p.m.: Pembroke fire chief reports one victim with a shoulder injury. The patient is trapped in the car, but extrication is not possible until traffic is under control.

Registering on The Batavian

By Howard B. Owens

The only reason registration on The Batavian is required is if you want to leave a comment or create a blog post or post a classified.

The majority of people who register never do any of the above, which is fine. I think many people register just because they like being affiliated with the site.

However, because registration is tied to participation, we require people to register using their real names. We expect people making comments and creating blog posts to do so using their real names.

I've got a good deal more sophisticated in how I spot registrations where people do not seem to be using their real names.

As it stands right now, I'm caught up on registration review and approval. If your account didn't get approved, the reason would be that I don't believe you were registering using your real name.

One reason I'm posting this is because I got a nasty e-mail from somebody this morning complaining because his attempts to register never get approved. Of course, the person was using a fake return e-mail address and not his real name to complain ... gee, wonder why his registration never gets approved ...

For all of those who did get approved -- welcome to The Batavian. Thank you for joining us.

Rollover on westbound Thruway, Le Roy responding

By Billie Owens

A rollover motor-vehicle accident is reported westbound on the Thruway at mile marker 375.6. Le Roy Fire Department is responding along with Le Roy Ambulance.

UPDATE (8:52 p.m.): One of the persons involved in the accident is believed to have fled into the surrounding woods and law enforcement patrols have been notified.

UPDATE (9:15 p.m.): "They've got him cornered in a lot on the westside of the Thruway someplace," reports an officer to dispatch.

Motor-vehicle accident with injuries at Batavia Pontillo's

By Billie Owens

A motor-vehicle accident with injuries is reported in the parking lot of the newly reopened Pontillo's Pizzeria at 500 E. Main St. in Batavia.

UPDATE (by Howard): According to Officer Eric Hill, the driver of a car heading east down East Main Street began swerving in the street. A witness followed her from about 400 Towers. Just after passing Pontillo's, the driver allegedly lost control of her car and it jumped the curb, striking a car in the Pontillo's parking lot. The passenger was not injured, Hill said, but the driver was injured. No further details are available.

Motor-vehicle rollover accident on Thruway

By Billie Owens

A motor-vehicle rollover accident with a victim trapped inside is reported on the Thruway, eastbound at mile marker 375.5. Le Roy and Bergen fire departments are responding.

According to authorities there are serious injuries and Mercy Flight is in the air.

UPDATE (4:17 p.m.): Traffic is backing up, and the proximity of a construction site is possibly adding to the congestion. Police are responding to handle traffic. Mercy Flight is expected in two to three minutes.

UPDATE (4:22 p.m.): There is no entrapment. Mercy Flight is landing in a field south of the incident. No number yet on how many people are involved.

UPDATE (4:42 p.m.): Emergency crews are clearing or have cleared the scene. Le Roy ambulance and fire, along with Bergen fire, are back in service. No other information is yet available.

City attorney advices council not to adopt sex offender residency law

By Howard B. Owens

Because state law already regulates the residency of convicted sex offenders, Batavia cannot legally enact its own residency restriction, City Attorney George Van Nest informed the City Council this week.

In a memo included in the agenda package for Monday's City Council meeting, Van Nest said that because state law gives the Division of Parole and Division of Probation the responsibility of establishing residency restrictions, local governments are preempted from establishing their own rules.

The state Constitution specifically prohibits local governments from passing laws that are already covered in New York statutes.

Van Nest cited several cases that have invalidated local laws for sex offender residency, and noted that none of the cases have been heard by an appeals court.

"Based on the foregoing," Van Nest writes in the conclusion, "although passage of a local law may be viewed in isolation to have merit, a comprehensive scheme of New York State statutes already exist in this area and such State legislation will be viewed as a basis to find preemption. In addition, there are significant constitutional challenges that might be brought against a local law adopting residency restrictions.

"Therefore, in the event the law is passed, enforcement action is taken by the City and a third party challenges the law, it is likely that the City will be forced to expend resources defending a local law that will ultimately be deemed in effective by a reviewing court."

State's top judge says juvenile probation system should be changed

By Howard B. Owens

The judiciary should take over administration of probation departments in New York, especially juvenile programs, New York's top judge told a gathering of Genesee County's legal community today at the County Courthouse.

New York State Chief Judge, Hon. Jonathan Lippman, said studies show that the state's juvenile facilities -- where young offenders are housed -- are making the problems of juvenile crime worse, not better.

"The results of those investigations are that those facilities become high schools for crime," Lippman said. "In these detention facilities, kids who didn’t necessarily commit a very high level of crime, not the equivalent of a felony, but a kind of misdemeanor, and you send them there and they come back criminals."

In response to a question from Julie Smith, head of Genesee County's Probation Department, Lippman went further and said not only should juvenile probation be administered by the judiciary-- a change which is already being debated in the State Legislature -- but adult probation, too.

Lippman said the state judiciary wants to ensure that probation leads to better outcomes. He used the judiciary's experience with drug courts as an example of how judges are trained to work with defendants to guide them toward reform rather than a life of crime.

"A judge oversees their recovery from their addiction(s) and makes them useful citizens again instead of having them come into court over and over...until they commit a real serious crime and then we throw away the key," Lippman said.

Among other reforms Lippman discussed is giving the state's judges their first raise in a decade. He said if members of the judiciary don't get raises, it will be harder to attract top-notch legal minds to the bench. 

Lippman also said it's important to keep funding levels up for legal representation for indigent people involved in civil cases.

In lawsuits where a person's very well-being is at stake, such as potentially losing a house, a court-appointed attorney is vital for those who cannot afford one. Lippman says that that person's legal representation is just as important as it is for indigents needing counsel in a criminal-defense case.

In previous years, the state's fund for civil legal services was financed from interest on various investment accounts, but with the dip in the economy those funds have dried up.  So Lippman said the judiciary is setting aside $15 million from its budget to fill the gap.

Below, Stephen Wieczorek receives an award, with his grandson in attendance, from Judge Lippman.

More pictures after the jump.

City Court judges Robert Balbick and Michael DelPlato.

Attorney Bob Fussell asks a question.

Center, District Attorney Lawrence Friedman.

Genesee County Sheriff Gary Maha.

Genesee County Probation Director Julie Smith asking a question.

From left: Hon. Michael Coccoma, Deputy Chief Administrative Judge, Courts outside NYC; Hon. Robert J. Balbick, Batavia City Court Judge; Hon. Paula Feroleto, Administrative Judge, 8th Judicial District; Hon. Eric R. Adams, Genesee County Family Court Judge; Hon. Jonathan Lippman, Chief Judge, New York State; Hon. Robert C. Noonan, Genesee County Court Judge; Hon. Sheila DiTullio, Erie County Court Judge; Hon. James P. Punch, Orleans County Judge.

Two-vehicle accident reported

By Billie Owens

A two-car motor vehicle accident is reported at Batavia-Oakfield Townline and Lewiston roads in Oakfield. Minor injury.

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