Three Monroe County businessmen who bought the former Pontillo's location on East Main Street, Batavia, and reopened the legendary location as "Pontillo's" have drawn the ire of the Rochester wing of the Pontillo's family.

Pontillo's Family Pizza, Inc., led by David Pontillo, nephew and son of the Pontillo's founders, has filed a trademark infringement suit against Batavia Pizza, LLC, owned by Thomas Masaschi, Jeffrey Reddish and Jason Teller.

The trio bought the 500 E. Main Street building and land late in 2009 from a firm that had acquired it in foreclosure. Then they reopened it as Pontillo's Pizzeria in April, hiring one of Salvatore Pontillo's son's, Sam Pontillo, to manage it.

Pontillo's Family Pizza, which overseas the operations of more than a dozen Pontillo's locations in the Rochester area, is claiming that Batavia Pizza never asked for, nor received, permission to use the Pontillo's name.

David's father, Anthony Pontillo, brother of Salvatore, filed for and received a federally registered trademark for "Pontillo's" in 1984.

The lawsuit seeks compensation for damaged business reputation, as well as all revenue and any profits of the new Batavia Pontillo's, plus any damages that might be awarded at trial, plus attorney's fees.

The suit also seeks a preliminary and permanent injunction against Batavia Pizza prohibiting the use of the Pontillo's name by the ownership group.

The Pontillo brothers founded one of the first post-war pizzerias in the United States in Batavia in 1947, and a few years later, Anthony headed out for Rochester to start a chain of pizzerias under the same name.

According to John and Paul Pontillo, there was an agreement between families not to infringe on each other's territory so long as Pontlllo's remained a family business.

In the lawsuit, Pontillo's Family Pizza contends that contrary to an early presentation by the Monroe County businessmen, Sam Pontillo, is not a partner in Batavia Pizza, and even if he were, Pontillo's Family Pizza would not have given him permission to use the Pontillo's trade name in a re-established Batavia enterprise.

"Because of his tax problems, Pontillo's Family Pizza, Inc., will not give Mr. Sam C. Pontillo the right to use PONTILLO'S to operate a pizzeria," reads a letter dated June 18 and written by attorney Stephan B. Salai to an attorney representing Masaschi and his partners.

It was one of two letters the ownership group received from the Rochester Pontillo's demanding that Masaschi and his partners stop using the Pontillo's name.

Sam and Paul Pontillo were operating the Batavia location when mounting debts and tax bills apparently forced them to close the store in November 2008. John Pontillo had also been involved in the operation at one time, and all three brother's dispute just how the family business fell into failure.

Sam has continued to operate the Le Roy Pontillo's, though John has made attempts to acquire it.

There is a pending lawsuit filed by the estate of Elizabeth Pontillo against Sam and Paul.

Previously:

• Pontillo v. Pontillo opens window on finances of legendary family business
• Dave's Produce has barely survived the alleged bad debt from Pontillo's
• Motions denied in Pontillo's lawsuit
• And for the rest of our previous coverage, going back to November 2008, click here.

A woman who reportedly got into an argument with the driver of a car on Route 77 on Saturday night suffered a head injury after jumping from the car, according to the Genesee County Sheriff's Office.

The initial report received by the Sheriff's Office was that Gina Schmidt, 21, was shoved from the moving car.

Investigators now believe the 21-year-old Oakfield woman jumped.

Driving the 2003 Dodge Stratus northbound on Route 77 near Route 5 at 9:25 p.m. was Derrick Jackson, 23, of Oakfield.

Schmidt was a passenger in the back seat when she reportedly jumped.

Jackson did not stop and continued driving north.

A Mercy ground ambulance transported Schmidt to ECMC.

No charges have been filed.

The investigation is being handled by Deputy Patrick Reeves, Deputy Tim Wescott and Sgt. Greg Walker. Assisting at the scene were the State Police and the Indian Falls and Pembroke fire departments.

(initial report)

Byron and South Byron fire are already on scene with National Grid for a report of wires down with arcing at Tower Hill Road.

A second call of wires down with arcing has come in for Route 237 and Byron Road.

UPDATE 4:12 p.m.: Byron and South Byron back in service. Roads re-opened.

A rock 'n' roll tour bus driver busted for DWI in Pembroke in July, 2009, blew his chance at a probation-only sentence by getting arrested twice on alcohol-related charges after he entered his guilty plea in May.

Joseph Devlin, 38, employed by a company charged with driving around the Kid Rock entourage, will serve 90 days in the Genesee County jail starting today.

The Florida resident was allegedly arrested in his home state for DWI -- a charge his attorney indicated was dismissed -- and on a charged related to an alleged domestic disturbance.

Attorney Jeremy Schwartz said as a result of the alleged domestic incident, Devlin entered a 12-week alcohol counseling program.

Schwartz said that when he met Devlin a year ago, he didn't believe Devlin had a drinking problem.

"For a 39-year-old who doesn't have a single arrest that's not hard to believe," Schwartz said.

Devlin lost his job after his arrest and has since started a business in Florida with his wife. Both Devlin and Schwartz asked Judge Robert C. Noonan not to send the former bus driver to jail because of the hardship it would create on his family.

Devlin and his wife have two children.

"Going to jail right now would really mess their lives up," Devlin said. "I know it’s my fault, but it would mess up what I’ve fought so hard to get going after losing my job."

Devlin said the past year has been stressful.

Noonan indicated he was initially going to impose a stiffer sentence but after reviewing the pre-sentencing report by the Probation Department, and considering the hardship on the business, he backed off giving a longer jail term.

"Somebody is going to have to tell Mr. Devlin that you are going to have to face some consequences for your alcohol conduct," Noonan said. "And that's me."

Devlin must also pay a $5,000 fine by Jan. 1.

A truck driver who State Police say was looking a porn while on the Thruway in Pembroke just before his rig slammed into a disabled car, killing an Erie County mother, will spend three to nine years in prison.

Ohio resident Thomas Wallace sobbed prior to his sentencing by Judge Robert C. Noonan, reading a prepared letter of apology. The husband of 33-year-old Julie Stratton, as well as other family members, also read statements.

Wallace earlier entered a guilty plea to manslaughter in the second degree.

The 45-year-old trucker was driving on little sleep and watching a pornographic movie on his laptop computer when his truck hit Stratton's car. Stratton's car had only moments earlier hit a deer, causing it to stall in the passing lane. She was on the phone with Genesee County's 9-1-1 dispatcher when her car was struck.

The reason it's so short is that the second half of the interview had to be left out because of poor sound quality. 

Batavia Police are responding to a report of a fight on State Street involving two men with knives.

UPDATE 10:12 a.m.: The fight was not in progress when the first police officer arrived. One subject is still in the area, the other is walking on Willow Street. An officer is with him now near the park.

In a wild one last night, the Batavia Muckdogs won the team's fifth-straight game and extended its three-game lead over second place Williamsport by beating State College 12-11.

Batavia and the Spikes took a 9-9 tie into the 11th inning. In the top of the frame, State College scored two runs to pull ahead, but the Muckdogs put three runners across the plate in the bottom half to pull out the victory.

Wild throws doomed the Spikes in the 11th.

After the Muckdogs tied the score on a double by Geoffrey Klein, a triple by Chris Edmondson and a single by Victor Sanchez, Sanchez was able to reach second on a wild pitch.

Then things got really strange.

Audry Perez struck out swinging -- at a wild pitch. When Perez ran to first -- as a hitter can do when he strikes out but the catcher misses the ball -- catcher Miguel Mendez made the throw to first to record the out, but Sanchez, sprinting from second, didn't stop running. He scored the winning run when first baseman Gerlis Rodriguez threw the ball away.

Reliever Andy North was credited with the win.

Starter Nick McCully lasted only three-and-a-third innings, giving up 10 hits and nine runs (seven earned).

Edmundson and Sanchez each scored three runs in the game on two hits apiece.

Perez hit a grand-slam homer in the third.

The Muckdogs are in Jamestown tonight and return to Dwyer tomorrow to face the Jammers again. Jamestown is in third place in the Pinckney Division, three-and-a-half games behind Batavia.

UPDATE: Added video highlights from photographer Mike Janes.

Here are the top 10 most viewed posts for August:

• Disturbed concert at Darien Lake: 13 arrests, 8 citations issued
• Police Beat: Allegedly no tire for 11 miles, no license since 1977, driver accused of DWI
• Three young people, including former Oakfield-Alabama football star, killed in accident
• Oakfield deals with another young death after motorcycle accident, by Tim Walton
• Adultery charge against Suzanne Corona dropped, by Geoff Redick, WBTA
• Batavia woman's body found next to railroad tracks in Stafford
• Today's Poll: Do you believe Barack Obama is a natural-born citizen?
• State seizes Margarita's over alleged tax issue
• Report: Plumbing board has history of not operating in Batavia's best interest
• Investigators looking for any information that might explain death of Batavia woman

It was also another record traffic month for The Batavian.

Visits: 256,391
Page Views: 443,330
Unique Visitors: 70,638

Here's how that compares to August 2009, which was a record month at the time:

Visits: 131,763
Page Views: 292,176
Unique Visitors: 38,057

Assemblyman Steve Hawley is perfect; at least, according to a group that describes itself as bi-partisan and pro business.

Hawley was only one of two Assembly members to receive a 100 percent score from Unshackle Upstate.

The group scored legislators based on their votes on a series of business and tax bills.

Brian Sampson, executive director of Unshackle Upstate, said in a statement that the scorecard is designed to help voters understand how their legislators are spending their money and whether they support lower taxes and a pro-business environment.

“This is an educational tool,” Sampson said. “We simply can’t blindly vote for the same people we have year after year, or else we’ll get the same government we’ve had for year after year.”

Hawley issued a press release Tuesday touting the perfect score. The text follows the jump:

Assemblyman Steve Hawley (R, I, C – Batavia) was recently issued a perfect score on Unshackle Upstate’s 2009-10 legislative scorecards. Hawley received all 100 possible points based on his voting record on legislation impacting businesses in Upstate New York. Of the 212 members in the New York State Legislature, Hawley is one of only two legislators to be honored with a spotless record.

“The key to restoring the health of New York’s economy is to afford our state’s businesses with every opportunity to succeed so that they can provide employment to the people of New York,” said Hawley. “This can only be accomplished through an unwavering commitment to protecting businesses here in Upstate New York, fostering a climate that attracts businesses to our region and keeps them here in the future.”

Unshackle Upstate, a bi-partisan coalition supporting pro-business reforms in Albany, rated legislators based on their voting and sponsorship records on budget bills and other legislation that the organization has taken a stance on.

The scorecards are used to show voters where their representatives stand on the issues most important to the health and growth of business in Upstate New York. Hawley, who was also recently named the most pro-business assemblyman in Western New York by the National Federation of Independent Business New York Chapter, is hopeful that these scorecards will serve as a wake-up call for legislators and constituents alike.

“Unshackle Upstate is providing a valuable tool to empower New York voters that are sick of the double talk and inconsistency they receive from their elected officials,” Hawley said. “The issue is crystal clear; either you support Upstate New York businesses when it counts the most, or you wilt under the pressure and abandon the New York economy. I will continue to support all legislation that will bolster economic development and sustainable job growth for the dedicated and hardworking citizens of Upstate New York.”

After learning to sew only a year ago, and despite being derailed by a car accident, an Alexander girl won third place and $5,000 cash in a national sewing competition.

The sponsor, Jo-Ann Fabrics & Crafts, announced the winners earlier this month.

Grace Raines, the daughter of Eric and Heidi Raines, was one of more than 112,000 applicants in the prom-outfit contest. Her prize was $5,000 cash and a $250 Jo-Ann store gift card.

"Well, to be honest, I was a little disappointed because I spent a lot of time on it," Grace said. "I thought I would get first place. But I'm proud."

She's also bright, ambitious and more than a little talented. The newly minted grad of Alexander High School is attending Genesee Community College this fall with plans on earning a degree in business.

"I've always known I wanted to be in business for myself," she said.

Her motivation and competitiveness can serve her well. They certainly did in this case.

"I love contests, I've always loved contests," Grace said.

The whole thing started when Grace went to the fabric store with her mother about a year ago to get some cloth for a crazy quilt. The clerk put a brochure about the prom-outfit sewing contest in the bag.

Watching her mom sew inspired her to try it and soon she was making crazy-quilt pillows and working on a design for the contest. She hit upon an "oceanic/mermaid theme," using colors she loves like aqua, orange, pink and deep blue.

While driving to her grandparents' house in January to show them her design, she got into a car accident. Although not seriously injured, the incident spooked her and sidelined her from sewing temporarily.

"I associated the accident with the project," she says in hindsight.

But with a July deadline fixed ahead, she gained new momentum and spent countless hours perfecting the dress and a neckless to go with it.

The design features a ruched top, shaped like two seashells, made of orange silk. The midriff is a sparkling, intricately beaded triangle. The lower part of the dress is crazy-quilt style, made up of 24 different expensive types of brocades, jacquards, satins, etc. The top of the back is "all bright and glittery," made of sheer, mesh-like fabric, decorated with Swarovski Crystals.

Predictably, putting in the zipper was the toughest part.

She also designed the necklace she wore to the prom with the gown. It's made of hand-crocheted gold wire, with orange, aqua and pink beads, and a fish-shaped pendant dangling in the middle.

Total cost of the outfit was about $400, though she admits she bought more materials than she ended up needing.

Grace says she's set for college, so she plans to use her winnings to one day establish a business of her own. But she's already an entrepreneur, cleaning house for a regular clientele of 10 and counting.

An investigation into shots fired at a West Main Street Road address led to the arrest Saturday of a Rochester resident on a petit larceny charge.

Antown T. Maddox, 20, was taken into custody after being stopped for alleged traffic violations.

Chief Deputy Jerome Brewster said Maddox couldn't explain what he was doing with three mobile phones. 

Deputies found in his car an iPod Touch and a Blackberry. The Sheriff's Office had recently taken a report of a stolen iPod Touch and Blackberry.

Maddox was jailed on $500 bail.

Three Sheriff's Office patrols responded to 3546 W. Main St. Road at 2:50 a.m. after receiving a report of shots fired. There was a party in progress, according to Brewster, but when questioned, nobody knew anything.

"We are looking into the shots fired a little deeper," Brewster said.

An investigator has been assigned to the case.

Law enforcement is responding to Route 98 near the Thruway to investigate a call of a tour bus without any plates and with a driver who is reportedly yelling obscenities out the window at people.

The bus was on Main Street and turned north onto Route 98.

UPDATE 6:18 p.m.: No report of the bus being located. One trooper drove as far north as Route 262.

A Rochester man accused of starting a fire at 12 Elms St. on Jan. 24, 2009, and attempting to kill the father of an estranged girlfriend, was found guilty today of attempted murder by a Genesee County jury.

The jury also found Andre L. Scott, 30, guilty of burglary and arson.

The tall and lanky Scott, dressed in a sharp tan suit, did not react to the verdict, but at least one person sitting in the gallery behind him rushed from the courtroom in tears as the jury foreman responded "guilty" to the second count.

Scott could face 15 years in prison, or 25-to-life. He will be sentenced Oct. 28.

Defense attorney Thomas Burns, who was assigned to the case, was clearly disappointed in the verdict. He worked hard to punch holes in the prosecution's case, calling into doubt the method in which evidence was gathered and how DNA was handled by investigators and the state's crime lab in Albany.

Burns said there will likely be an appeal, but another attorney will represent Scott through that process. It isn't clear at this time, Burns said, what shape the appeal will take, but he said he will work closely with the appeals' attorney to help prepare the case.

District Attorney Lawrence Friedman said the jury reached the correct verdict.

"Obviously, we're pleased with the verdict," Friedman said. "We certainly felt the evidence supported the verdict and we're glad the jury was able to sift through the evidence of a complicated case to arrive at these results."

The jury found that on Jan. 24, Scott, reacting to a fight with his estranged girlfriend, carried out threats he made to her, her father and a friend, and went to the father's apartment building on Elm Street and started a fire.

Scott was accused of pouring gasoline from a Clorox bottle onto the stairs, leading to the man's apartment and then lighting a book of matches to start the fire.

The blaze was discovered quickly and the fire department responded before much damage could be done. Nobody was hurt in the fire.

This morning, Burns and Friedman made their closing arguments to the jury. After the jump, a few notes from the summations.

Thomas Burns, Defense:
Burns called into question the process the State Police crime lab used to handle the DNA evidence, saying that Peter Lewis, a technician at the lab, offered testimony that called into doubt the chain of DNA evidence.

"He testified that the laboratory had a protocol, and it's a written protocol," Burns said. "He doesn't have a copy of it. He doesn't know what it says. But he knows he followed it."

As for the parole officer who collected DNA evidence, Burns said he testified about how to use the kit to collect evidence.

"What was the training? To read the instructions. Had he read the instructions? No," Burns said.

The laboratory used a kit to process the DNA. According to Burns, the kit instructions say to use a "nanogram" of sample DNA.

But none of the pieces of evidence -- such as a bottle cap from a Clorox Bleach container, its handle and a book of matches -- contained that much DNA.

"They did not follow the protocols," Burns said. "This is a serious break of this laboratory's ability to produce a scientifically valid report."

Burns also questioned the scientific validity of using only the suspect's sample DNA to test against the DNA gathered at the crime scene.

He compared the process to using a photo line-up. You don't show a witness to a crime a photo of only one suspect. You show him several suspects, and ask him to pick out the suspect.

In the same way, Burns argued, the lab should have been provided control DNA samples and asked to identify the one that matched, instead of looking for a reason to match the one it had.

"Human nature says you can have suggestions placed in your head and that it interferes with the scientific process," Burns said.

Burns also questioned why -- if Scott made calls and sent text messages threatening the alleged victims -- no recordings or copies of text messages containing threats where entered into evidence.

He noted that one of the alleged victims had a lengthy criminal history, including accusations of lying to police. But the only evidence of threats, Burns said, came from the testimony of three people. 

District Attorney Lawrence Friedman
Friedman said the arguments against the DNA evidence could be made in any case.

"It's so easy to throw stones," Friedman said. "It's easy to play Monday-morning quarterback and suggest things could have been done different. If you accept the defense argument, then everybody involved in this case is either incompetent or there is some grand conspiracy against his client."

Friedman compared the idea that Peter Lewis could do his lab work without referring to the written protocols to a typical juror driving his or her car with out reading the owner's manual before each road trip.

"You don't need to be able to know your manual by heart in order to drive your car," Friedman said.

As to the credibility of the DNA evidence, Friedman said, "This isn't just Peter Lewis saying, 'these are my results.' They were peer reviewed. They were reviewed by supervisors and they were reviewed by administrators."

Friedman also called into question the testimony of alibi witnesses.

The witnesses, Friedman said, were able to recall with some detail events of Jan. 24, 2009, even though some of them didn't know for up to a year later that Scott had been charged with a crime. There was nothing, Friedman said, that would have made Jan. 24 particularly memorable.

"So how is it that they are able, after all these months, able to recall such amazing detail," Friedman said. "They have no recall of the day before or the day after. The amount of detail they claim to recall about Jan. 24 is ridiculous. It's not worthy of your consideration.

And why, Friedman wondered, didn't one of these alibi witnesses come forward long before the trial and tell police they had the wrong man because they were with him at the time of the accused crime. Not one of the witnesses contacted police prior to the trial, Friedman said.

Business Facilities Magazine has named Genesee County the nation’s second-best location for food production and processing.

Along with Livingston County, Genesee was highlighted for having a number of assets important to the food-production and processing industry. Both counties' agricultural strengths make them a prime place for food-processing companies to locate and operate.

This is the second-consecutive year that Genesee County has been widely recognized for its food-processing capabilities. Half of the county’s land is used for food production and it is its #1 industry.

Agri-business has been one of the main markets targeted by the Genesee County Economic Development Center (GCEDC). This award underscores those efforts.

GCEDC operates the Agri-Business Park, located near OATKA Milk Products, which boasts more than 200 acres of prime land for the development of food production, processing, packaging and distribution.

The area's exceptional natural resources are also key to its success. Reliable freshwater sources are very important to food processers and the Agri-Business Park has an advantage over other regions in this regard. It is not only located by the Great Lakes, but above a large natural aquifer.

Another important local advantage is the availability of transportation. The Agri-Business Park offers railroad lines and is within a day’s drive from one-third of the United States' and Canada's population.

Pavilion Fire Department has been called to a construction site wherein a worker accidently struck and broke a natural gas pipeline.

The location is 11043 River Road, between Ellicott Street and Starr roads.

Authorities have been notified that there's an injured skunk, "still alive," in the roadway on Vernon Avenue in the City of Batavia.

The driver of a vehicle accidently backed into a natural gas meter at 7964 Lewiston Road, causing the pipe to leak and no means to shut it off.

The meter is completely removed from the gas line. The valve is visible but seems stuck, according to Town of Batavia volunteer firefighters on scene.

Wind is south, southwest at nine mph. National Fuel has been notified.

The location is south of Galloway Road, on the west side of Lewiston.

He wasn't caught until he ran out of gas, but a Batavia man who led several area law enforcement agencies on a pursuit and search will likely serve one to three years in state prison after pleading guilty today to a DWI charge.

Randy S. Rumble, 28, of State Street, Batavia, admitted in court this morning that he was intoxicated at the time he was spotted driving his car on Morganville Road, where he ran out of gas.

The chase started in Livingtson County, but an Avon Police officer had to break off the pursuit as Rumble's car entered Genesee County.

The car was later spotted by Le Roy Police at a gas station in Le Roy, and apparently Rumble left the station before refueling.

Because Rumble had a DWI in Alexander in 2005, and he was driving on a revoked license, he was charged with a felony DWI in this case.

Sentencing is set for Oct. 14. He is being held in Genesee County Jail on $5,000 bail.