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Accident occurs in front of Trooper on Indian Falls Road

By Howard B. Owens

A Trooper reports that an accident occurred right in front of her on Indian Falls Road in Pembroke.

It doesn't sound like there are injuries, but she does report, "cars are sliding all over the place out here," and she requests assistance with traffic control.

DOT requested to the scene.

Photo: Barn on Asbury Road, Le Roy

By Howard B. Owens

Coming back from Victor this afternoon, I took the 5&20 into Genesee County, and then, well after sunset, I hit some back roads in Le Roy. I came across this barn on Asbury Road.

Two-vehicle accident on West Main Street Road

By Billie Owens

A two-vehicle accident occurred at 4155 W. Main St. Road in the Town of Batavia.

Three people are complaining of neck injuries. The vehicles are now in the parking lot of Rite Aid.

An engine from the Town of Batavia Fire Department is at the scene and Mercy EMS. A Mercy BLS unit is also called to respond.

Hoy's hot hand in closing minutes gives Batavia a victory in Lions' Tournament

By Howard B. Owens

With about two minutes left and the Batavia Blue Devils down by five points, the instructions from Coach Buddy Brasky were clear -- whatever you do, don't foul number three.

You don't want to put the ball in the hands of the other team's best player in the closing minutes of a tight came.

Then Batavia's senior guard Ryan Pyatt did exactly what would get him pulled from the game. He fouled Jamell Johnson, number three for Charles Finney.

Earlier in the game, Finney's senior forward scored the 1,000th point of his career. That's how good he is.

It was clear at this stage of Thursday's game, giving points to Finney could possibly sink the home team's hopes of winning the 29th Annual Batavia Lions Club Boys Basketball Tournament. Up to this moment, Batavia never had even had as much as a single-digit lead.

But then Johnson, who had 24 points on the night, gave Batavia a gift. He missed his free throw.

Andrew Hoy, Batavia's all-time leading scorer, on the other hand, would be fouled four times in the final two minutes.

He didn't miss his shots. Not one of them.

In all, during those closing minutes, Hoy sunk 10 straight free throws (two came on a technical foul by Finney's Justin Allison), plus put up two points on a critical jump shot, to lead Batavia to a 53-50 victory.

"I just kept telling myself, have confidence," Hoy said after the game. "I kept reminding myself, I’ve made a million free throws. This is nothing different.

"When you're at the free throw line, you’ve got to make those," the senior guard added. "They call them free for a reason."

Allison's technical foul -- he mouthed off to Batavia's sophomore forward Justin Washington and then to a ref -- is what changed the momentum in the game, both Brasky and Hoy said.

At that point, with 2:30 left, Finney had an eight-point lead and were hitting their shots.

After that, Finney would score two more points (despite having players go to the free throw line three times) and Batavia would score 13, with 12 coming from Hoy, who had 22 points on the night.

"I kept stressing to my kids, the game’s not over," Brasky said. "That’s why we play 32 minutes. You don’t get too high when you go on a run, you don’t get too low when they go on a run. You play 32 minutes and we did.

"We took advantage of the technical and I give our kids a lot of credit for that," Brasky added.

Batavia moves to 7-1 and Finney is 8-2.

Batavia's other top scorers: Justin Washington, 12 (and 13 rebounds), Ryan Funke, 6, and Ryan Pyatt with 6. Spencer Stressing had 3 and Dylan Hodownes and Tommy Prospero each added two.

For Finney, Dan Drummond had 12 points and 12 rebounds.

In the consolation game, Notre Dame beat Dansville 70-45. Vinnie Zambito scored 22 points with seven assists for Notre Dame, now 5-1. Zach Hotze scored 13, Doane McCulley, 11, Mike Pratt, 9, Tom Whelehan, 6. Pratt's 9 came on three, three-point goals.

The Batavia Blue Devils with their championship trophy. Photo courtesy Bev Hoy.

More pictures after the jump (to purchase pictures, click here):

The All-Tournment Team, from left: Dan Drummond, Charles Finney; Vinnie Zambito, Notre Dame; Justin Washington, Batavia; Andrew Hoy, Batavia; Jamell Johnson, Charles Finney. Photo courtesy Bev Hoy.

Washington's shot here, thrown at the basket underhand, was all net.

New law mandates safe passing of stopped emergency vehicles

By Howard B. Owens

Starting New Year's Day, if you see an emergency vehicle with lights flashing, proceed with caution.

Of course, that's always been true -- if you have any thought of your own safety or the safety of emergency personnel -- but now, failure to do so could lead to a hefty fine.

Sheriff Gary Maha issued a press release today drawing attention to a new law that makes it mandatory for drivers to move over to the traffic lane furthermost from a stopped emergency vehicle that has flashing lights.

On single-lane roads, drivers are required to slow down and provide plenty of distance when passing stopped emergency vehicles.

While not specifying the amount of the fine, Maha said it is substantial and drivers will also get points on their record.

The law, called the "Move Over Act," was passed by the state Legislature in response to a pair of fatal accidents involving law enforcement officers. 

One accident took the life of Trooper Robert Ambrose and the other of Onondaga County Sheriff's Deputy Glenn Searles. 

Ambrose was killed when his patrol unit was rear-ended on the Thruway in Yonkers. Upon impact, his car burst into flames. The driver who struck his car was drunk and traveling at 80 mph. 

Searles was killed while assisting a stranded motorist. Another driver lost control of his car, pinning Searles against his patrol vehicle.

Maha: "Every driver has a vested interest in cooperatively keeping county roads safe. The men and women of the Genesee County Sheriff's Office remain determined to impartially and respectfully enforce the law to protect life and property of all citizens."

Car into pole accident on Route 5

By Billie Owens

A car has struck a pole and the driver is still inside on Route 5, east of Route 77.

Pembroke and Indian Falls fire departments are responding along with Mercy EMS.

UPDATE 6:38 p.m.: No injuries, according to a Sheriff's Deputy who is at the scene. All responding units told to go back in service.

Entreprenuers driving renaissance in Detroit, so what about Batavia?

By Howard B. Owens

This CBS video says there's a renaissance overtaking Detroit, driven by a combination of big businesses relocating to the city and local entrepreneurs taking advantage of lower costs in the city.

While I know there will be those who will say New York is not Michigan, and rail against the high taxes and overregulation, but every place has its negatives. 

So my question is, if Detroit can have a renaissance, why can't Batavia?

Local bars and restaurants planning good food and good times for New Year's revelers

By Howard B. Owens

When it comes to ringing in the new year, there will be no shortage of good food and fun times in Batavia.

From special menus to live music, Batavia's restaurants and taverns are inviting residents to join friends, family and neighbors in saying goodbye to 2010 and hello to 2011.

The festivities start early at O'Lacy's on School Street, where everybody's favorite Irish pub will celebrate the flip of the calendar on Dublin time.

O'Lacy's will have an Irish band playing from 5 to 8 p.m., with a break at 7 p.m. -- that's midnight in Dublin -- to toast in the New Year. The pub closes promptly at 9 p.m.

But no worries, the party can continue all night in Batavia. Just around the corner and within a block are Center Street Smoke House and T.F. Brown's.

At Center Street, you can put your glad rags on and bop in your suede shoes to the rockabilly twang of Kickstart Rumble from 9:30 p.m. to 1:30 a.m. There will be free pizza at 1 a.m.

At T.F. Brown's, the rock band In Plain View plays from 10:30 p.m. to 2 a.m. On the special dinner menu are twin center-cut pork chops in a honey glaze and a surf-and-turf for two that features two 16-oz. sirloin steaks, shrimp, mashed potatoes and a side salad.

There will also be live music at South Beach from 6 to 9 p.m. with John Canale and a three-piece jazz band. For dinner, there will be a buffet, with the kitchen open until 11 p.m., and the bar will be open as late as there are customers to serve.

Delavan's will also keep the bar open as late as there are people buying drinks. The kitchen closes at 9 p.m. and on the special New Year's Eve menu are chicken Oscar, seafood-stuffed haddock and lobster ravioli.

Larry's Steakhouse will feature oysters Rockefeller and the featured steak is a 22-oz. cowboy-cut, bone-in ribeye served with a garlic peppercorn crust. The surf-and-turf is prime rib and lobster tail.

Alex's Place will serve dinner until 11 p.m. and stay open until at least midnight. The featured items are braised lamb shanks and crusted sea bass. Of course, ribs, steaks and prime rib as well as a selection of seafood are always on the menu.

Outside of Batavia, if you were thinking Red Osier, well, let's hope you already have your reservations. The legendary restaurant is booked through 9:30 p.m.

In Le Roy, D&R Depot's kitchen is open until 9 p.m. and will feature a Chateaubriand for two, carved table side.

Of course, if you're out drinking, you shouldn't drive. 

Deputy Chief Gordon Dibble offered good advice: "Plan ahead."  If you don't have a designated driver, at least have the number of a friend who can pick you up if you drink more than planned. 

There are three local cab services: Batavia Cab Co. 343-5130; Mike's Taxi Service 343-3309; and Checker Cab of Batavia 300-9376.

If you really want to plan ahead, Mancuso Limousine can still accommodate three more reservations (at the time of writing). If somebody finds themselves stuck at a bar or restaurant after midnight, there is a chance Mancuso could provide a ride (for a fee, of course). Mancuso can be reached at 343-1947.

Down to the wire: Robert Morris School needs votes!

By Billie Owens

The parents, students, teachers, friends, administrators and neighbors of Robert Morris Elementary School in Batavia need your vote now more than ever in order to win a $50,000 grant from Pepsi.

They want to build a new playground. They are in 14th place and need to get into the Top 10 by Jan. 2 in order to win.

You can text a vote to Pepsi (73774) and in the message put 104607.

Grand Jury Report: Grand larceny indictment in Le Roy embezzlement case

By Howard B. Owens

Jennifer M. Riggi is indicted on a charge of Grand Larceny, 3rd. Riggi is accused of stealing $6,227.74 between April 15 and Aug. 10 from a location in the Town of Le Roy. (Initial Report)

Kevin A. Hutzler is indicted on charges of DWI and driving with a BAC of .08 or greater. Hutzler is accused of driving drunk Sept. 3 on Colby Road, Darien.

Bernard A. Buckenmeyer Jr., is indicted on charges of DWI and driving with a BAC of .08 or greater. Buckenmeyer is accused of driving drunk Sept. 5 on Hunn Road, Alexander.

Police Beat: Man wanted in Florida allegedly tries to flee from police

By Howard B. Owens

Ricky Allen Marsceill, 46, of 174 Ross St., Batavia, is accused of being a fugitive from justice. Marsceill was arrested by Batavia Police Det. Pat Corona on a warrant out of Florida. The underlying charge of the Florida warrant was not released. At 1:10 p.m., Wednesday, Corona approached Marsceill's residence on Ross Street and spotted Marsceill on a bicycle. Marsceill allegedly tried to flee on foot. Corona pursued Marsceill and Officer Jay Andrews responded to the scene. Marsceill was apprehended by Corona and Andrews on Manhatten Avenue. Marsceill was jailed without bail pending extradition to Florida. (Initial Report)

Randy K. Braun, 48, of Maier Lane, Caledonia, is charged with DWI, failure to keep right, moving from lane unsafely and uninspected vehicle. At 9:04 p.m., Wednesday, Deputy Matthew Butler responded to Route 63 in Bethany to investigate a report of a car off the road in a ditch. Braun was allegedly found to be the driver of the vehicle. He was arrested on suspicion of DWI and jailed on $1,000 bail.

Vesna Brongo, 41, of Cadillac Avenue, Rochester, was arrested on a warrant for alleged aggravated unlicensed operation. Brongo was taken into custody by Rochester Police and turned over to the Genesee County Sheriff's Office. Brongo was arraigned in Town of Elba Court and jailed on $250 bail.

A 14-year-old boy from Byron is charged with criminal sexual act with a child 11 years old or younger and endangering the welfare of a child. The name of the suspect was not released by State Police. The crime was reported Dec. 21. No further details were released.

Photos: Round 1 of the Batavia Lion's Club Basketball Tournament

By Howard B. Owens

The Batavia Blue Devils will advance to the finals of the annual Batavia Lions Club Basketball Tournament at GCC on Thursday.

The Blue Devils will face the Finney Falcons.

The Falcons (8-1) defeated Notre Dame (4-1) 76-68.

To advance, the Blue Devils (6-1) beat Dansville 87-38.

For Batavia, Andrew Hoy scored 24 points and had eight steals. Other point leaders, Ryan Pyatt, 11, Dylan Hodownes, 11, Ryan Funke, 10, Mitch Francis, 10, Justin Washington, 8. Ryan DiMartino had 10 rebounds.

For Notre Dame, Vincent Zambito, 15, Doane McCulley, 15, Tom Whelehan, 8, Marquis Love, 8, Josh Hotze, 8, Mike Pratt, 8, Zach Hotze, 6.

About 15 more pictures after the jump, and all of the pictures, including another 20 or so, can be purchased by clicking here.

Warrant suspect tries to run from police

By Howard B. Owens

A Batavia Police officer notified dispatch that he was stopping at an address on Ross Street to arrest a subject on a warrant.

Seconds later, he called in that he was on foot pursuit of the suspect.

Two or three Batavia units immediately responded to the scene.

Within a minute, the officer called in that he had apprehended the suspect at the intersection of Ellsworth and Manhattan.

The suspect is now being transported to BPD to be turned over to the warrant officer.

Rollover accident at Darien-Alexander TL Road

By Billie Owens

A one-car rollover accident, unknown injuries, is reported at 11233 Darien-Alexander Townline Road close to the Genesee County line.

Alexander Fire Department has been dispatched.

UPDATE 11:53 a.m.: The fireman at the scene advises that the tow truck called should bring water gear because the vehicle is stuck in a creek. They also should be prepared to winch it out. The driver is stuck inside.

UPDATE 12:39 p.m.: All units are back in service. "Bennington handled the transport," says a firefighter." Presumably, the driver got out and is okay and/or was taken care of.


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Born and bred in Batavia, financial advisor opens new brokerage in heart of downtown

By Howard B. Owens

After a decade of giving financial advice as a staff member of other firms, Batava-native Marc Staley has decided it is time to strike out on his own.

He planted a big flag downtown -- signing a lease in a former bank building at the corner of Jackson and Main streets (most recently the location of the former House of K) -- and signed on as a financial advisor for LPL Financial, one the largest investment firms in the nation.

"I believe in this area," said Staley, who is also a hockey coach at Notre Dame High School. "While other firms are pulling out, I wanted to stay and work."

The 37-year-old Staley is married to a local teacher, Erin, and they have two children, Helaina, 3, and Luke, 1.

"We love this community," Staley said. "I've had the chance to go to other places, but my wife and I decided that this is the place we want to live. This is where we want to raise our kids, so I have to build my career around that decision. That's non-negotiable for me."

When he decided to open his own brokerage, he decided to represent LPL Financial because the company has a strong reputation -- ranked by J.D. Power as number one in customer satisfaction for investment performance and number two for customer satisfaction for investment advice -- and the firm's ability to provide a range of advice to big investors and small, just-starting-out investors.

"Folks are leery of Wall Street right now and investing in general," Staley said. "I wanted to make sure I partnered with a company that represents Main Street more than Wall Street -- one that helps me deliver world class independent research, state-of-the-art technology, and the freedom to deliver to my clients what they need.

"Even though this is a new endeavor for me, I work for the same people I’ve always worked for -- my clients," he added.

While LPL Financial was tops in the nation (for Independent Broker Dealers) in revenue in 2009, Staley acknowledges that a lot of people in this area may not have heard of the firm.

"I feel a little like the guy who brought the Tim Horton's to town at first," Staley said. "For a lot of people, this is the first time they're hearing of LP Financial."

Even so, after opening for business at the beginning of December, Staley said he's had a steady flow of new clients walk through his doors -- exceeding his first-month goals. In part, that's the location, but also, Staley said, he's been around town a long time and a lot of people know him.

He picked the location, he said, because he plans to grow and be around for a long time.

Police Beat: Two teens in Oakfield accused of stealing from Allen Foods

By Howard B. Owens

(name redacted upon request -- case sealed), 16, of Cary Avenue, Oakfield, and (name redacted upon request -- case sealed), 17, of North Pearl Street, Oakfield, are charged with grand larceny, 4th, criminal mischief, 3rd, both felonies, and trespass. xxxx and xxxx are accused of trespassing on the Allen Food's property in Oakfield and causing $250 damage to property there, as well as stealing more than $1,000 in property. The alleged incident occurred at 2 a.m., Sunday. The case was investigated by Deputy Howard Carlson.

Phylicia L. Carey, 18, of Le Roy, is charged with attempted assault, 3rd. Carey is accused of attempting to assault a man who was in the custody of State troopers in Warsaw on Dec. 20. Carey was jailed on $5,000 bail. (Source: D&C)

Top Items on Batavia's List

Town Court Clerk Below are two lists: one details the myriad responsibilities that fall within the purview of the court clerk; the other summarizes the knowledge and abilities that court clerks possess or acquire through training. These lists are provided so that a judge and municipality can intelligently discuss the benefits that a court clerk can provide. The items below can also form the basis for a list of job duties should a municipality need to fill a vacancy in a court clerk position. Primary Responsibilities A. Maintain confidentiality of records and information when required to do so B. Prepare court calendar C. Collect monies, reconcile daily receipts, deposit receipts, prepare reports for monthly disbursements, reconcile bank accounts, and prepare administrative reports D. Enter convictions on drivers' licenses and prepare conviction reports electronically transmitted to the Department of Motor Vehicles E. Enter criminal conviction on NCIC reports and electronically send same to Division of Criminal Justice Services F. Respond to inquiries-in person, by phone, by e-mail and by mail-and provide assistance to lawyers, litigants, media, and members of the public G. Prepare monthly reports that are electronically sent to the Office of the State Comptroller H. Prepare orders, summonses, warrants and other court forms i. Communicate with outside agencies in order to coordinate the Court's activities and provide services to litigants. Such agencies include: ii. Law enforcement agencies, such as local police departments, New York State Police, Sheriffs office, FBI and CIA, US Armed Forces, and the Office of the District Attorney; I. Other courts, including superior courts and other local town and village courts; and i. Miscellaneous county agencies, such as Community Service, Community Dispute Resolution Center, Pre-trial Release, Probation, Stop DWI program, Victim Impact Panel, and Youth Court. ii. State agencies that require periodic reporting, including the New York State Unified Court System, the Department of Motor Vehicles, the Office of the State Comptroller, the Division of Criminal Justice Services, and the Office of Court Record Retention. J. Examine court documents to ensure their accuracy and completeness K. Receive and file summonses, traffic tickets and other documents for court proceedings i. Assist the Justice at the bench during all Court proceedings Knowledge of: 1. The functions and organization of the Unified Court System ii. Basic legal terminology, codes and abbreviations iii. Court forms, practices and procedures, including those set forth in the Uniform Justice Court Act and the Uniform Civil Rules for the Justice Courts (22 NYCRR Part 214) 2. Ability to: i. Prepare judicial orders and decisions ii. Effectively communicate information orally and in writing iii. File and retrieve materials, extract data from various sources for entry onto court form iv. Research and interpret laws outlined in court documents and litigants' motions and other papers v. Perform mathematical tasks in order to compile court activity reports, total receipts, accept payments, and verify bills vi. Refer to appropriate documents, statutes, citations or other sources in order to respond to specific questions from attorneys, litigants and members of the general public vii. Interpret policies, statutes, rules and regulations and apply them in specific contexts viii. Establish work priorities ix. Constructively manage conflict with court users Qualifications: Highschool diploma recognized by the NYS Dept of Education or appropriate equivalent. Along with 4 years of college, specialization in criminal justice, law, business administration or related field. -OR- 2 years college with specialization in Business Administration or related field. Please email your resume to abrownell@townofbatavia.com no later than 12/16/2024. Pay is based on experience.
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