Byron and Chris Ariyaratnam were all smiles this evening when I stopped by the location of their new business, Great Kutz, in Valu Plaza on West Main Street. Byron was busy training the new staff, who will be ready to start cutting hair in the morning.

Chris and Byron are partners in The Mane Attraction, and Byron is a partner in Mr. Wine and Liquor. They're the kind of local entrepreneurs Batavia needs. And they are proof that there are plenty of business people who believe in Batavia and are willing to invest both their money and their effort in building a sustainable Batavia business community.

A tractor trailer is on its side on Route 20 just west of Route 98 in Alexander.

Deputy on scene says, "If any injury, very minor."

UPDATE: A heavy wrecker has been requested. The trailer reportedly has about 5,000 lbs of cargo.

UPDATE 8:30 p.m.: The trailer is just now upright on the road.

UPDATE: Route 20 reopened about 8:55 p.m.

The approval of $1 million for Phase 2 of the Western New York Technology and Advanced Manufacturing Park (STAMP) was granted by the Empire State Development Corporation today.

Senator Michael Ranzenhofer was among those who applauded the allocation to help build the Western New York Technology and Advanced Manufacturing Park (STAMP). He sent along this press release:

“The WNY STAMP park project allows Genesee County to compete in a 21st Century global economy. The project paves the way for technologically advanced companies that manufacture computer chips, semi-conductors and photovoltaic cells for solar power to locate in Western New York. This project would create over 9,300 jobs here in Western New York."

The WNY STAMP park has been planned as a prime mega-site, suitable for large scale advanced manufacturing projects. The 1,340 acre project, located in Alabama near the intersection of Route 77 and Judge Road, will be the second of only one other similar park in New York State. Phase II of the project allows the Genesee County Economic Development Center to complete design and engineering work.

Senator Ranzenhofer expressed appreciation to the efforts of many to move the project to the next phase.

“I would like to thank Senator Mary Lou Rath, Senator Bill Stachowski, Assemblyman Steve Hawley, Assemblyman Dan Burling, Genesee County Economic Development Center President and CEO Steve Hyde and the Empire State Development Corporation for their tireless efforts to create a business-friendly environment and create jobs in Western New York."

Genesee County Economic Development Center President and CEO Steve Hyde had this to say:

“The WNY STAMP (Science, Technology, Advanced Manufacturing Park) project, located in close proximity to the NYS Thruway in the Town of Alabama, Genesee County, is a transformational regional effort which will, over the long term, help to transform Western NY’s economy from Buffalo to Rochester by growing high paying, advance manufacturing and technology oriented jobs. This...site is being developed as NY’s next generation Mega-Site similar to Luther Forest, the home of Global Foundries and AMD’s recent multi-billion investment.

"...I, along with many of the elected officials and people of Genesee County and the region, would like to thank Senator Ranzenhofer, and his predecessor Senator Rath, for all the support and hard work that has gone into helping WNY STAMP become a reality.” 

The Genesee County Highway Department will be closing Walker Road in Alexander, between Hickox Rd and Gillate/Seward Rd for a bridge culvert replacement.  The road will be closed starting Monday, September 21st for approximately 2 weeks.

The Batavia City Council and city manager are seeking city residents who are interested in volunteering as a member of the following committees and boards:

• Board of Assessment Review: One opening in Ward 1
• Cable TV Advisory Board: Five openings
• Historic Preservation Commission: One opening in Ward 1
• Mall Operating Committee: One opening
• Neighborhood Improvement Committee: One opening with no ward restriction; one opening in Ward 2; one opening in Ward 3; two openings for Landlord
• Planning & Development Committee: One opening in Ward 1; one opening in Ward 2; one opening in Ward 3; one opening in Ward 6
• Youth Board: Four openings        
• Zoning Board of Appeals: One opening in Ward 2; one opening in Ward 4; one opening in Ward 5

Residents interested in applying can obtain an application from the City Clerk’s Office or can visit they city's website and download a Committee/Board Application under Downloadable Forms. 

Please submit applications to the Clerk’s Office, One Batavia City Centre, Batavia, NY 14020, as soon as possible to ensure boards/committees will be at full capacity once current terms expire.

If you are currently on a board and your appointment is expiring but you still want to serve and are eligible (based on term limits), please call the Clerk’s Office at (585) 345-6305 and let them know. You do not need to submit a new application.  

Lee Petra Sosa, 18, of 8170 Batavia-Stafford Townline Road, Batavia, and a 17-year-old alleged accomplice from Rochester are charged with criminal tampering. Sosa and her associate are accused of entering the Batavia Arrowmart today at 1:32 a.m. and throwing eggs at a store clerk.

Kedrick Ivan Chatman, 18, of 82 Shirley Ave., Buffalo, is charged with petit larceny. Chatman is accused of stealing a magazine from the 48 Deli Express at 8204 Park Road. Chatman was jailed on $300 bail.

Joseph M. Erickson, 38, of 612 Robertson Road, Churchville, is charged with public lewdness. Erickson is accused of masturbating in Target.

Jeanna Marie Hattaway, 22, of 113 Jackson St., Batavia, is charged with petit larceny. Hattaway is accused of removing several pairs of earrings from a display in Target and then leaving the store without paying for the items. Another young woman, who is not identified by age or residence, was arrested with Hattaway.

Statements made by a former Le Roy Fire Department chief can be used at his potential trial on nine counts of misappropriating fund from the department.

Stephen C. Smith, who served four years as chief and four as an assistant chief, was in court today for a pretrial hearing on a motion by his attorney, Thomas Burns, to suppress the statements as improperly obtained.

Judge Robert Noonan ruled that Smith did know he was talking with a police detective during his initial questioning and that once he was placed in custody and asked more questions, he had been read his Miranda warnings.

Smith is accused of misusing a department credit card, putting a personal cell phone on the department's mobile phone account and filling his personal vehicle with department gas.

The charges filed against Smith:

• Tampering with public records in the first degree: Smith is accused of altering an invoice for $896.49.
• Tampering with public records in first degree: Smith is accused of creating a false receipt in the amount of $390.
• Defrauding the government: Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.
• Forgery in the second degree: Smith is accused of altering an invoice for $896.49.
• Forgery in the second degree: Smith is accused of creating a false receipt in the amount of $390.
• Falsifying business records in the first degree: Smith is accused of creating a false receipt in the amount of $390 in order to get the fire district to pay for personal purchases.
• Falsifying business records in the first degree: Smith is accused of altering an invoice for $896.49 in order to get the fire district to pay for personal purchases.
• Grand larceny in the fourth degree:  Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.
• Official misconduct: Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.

Expect a hard-hitting game this Saturday afternoon in Alexander when the Trojans take on the Hornets at 1:30. The teams have matching records at 1-1 so far this season, so it's safe to say they each have something to prove.

"Expect a better performance from us this week. We need to protect the ball better and cut down our turnovers," said Brian Palone, coach for the Oakfield Hornets.

Palone doesn't consider his team a "big" team. "We're a faster team."

Running backs Jason Stanley and Osman Citkli should be the ones to keep your eyes on for the Hornets in Alexander.

The Trojans' offense has the most points in the league so far this season, so it's no surprise that the Hornets coach has his team working especially hard this week.

The Trojans run a double-wing offense - a system based on misdirection and mechanical advantages. Senior Zack Burke will take the helm for the Trojans behind a powerful line.

"Zack understands and runs the offense very well with its misdirection and hidden plays behind our big guys," said Coach Dave Radley of his starting QB. "It should be a good game because Oakfield will come out ready to play."

Both coaches hope many fans will turn out for the game this Saturday afternoon to cheer on their teams and to show support for the football programs.

UPDATE: The victim has been identified by Batavia Police as Gary Horner, 58.

Original post:

Officials are still trying to contact the family of a man killed in a 3 a.m. fire on Dellinger Avenue.

His name has not yet been officially released.

The initial call of the fire came in at 3:08 a.m. when a passerby reported hearing firm alarms and could smell smoke.

Firefighters arrived at 5 Dellinger Ave. at 3:10 a.m.

Firefighters performed an initial search of the second floor apartment and found a male occupant in the bedroom.  He had apparently succumbed to injuries by the time he was found.

Four occupants of the lower apartment were evacuated safely.

WBTA interviewed one of the lower apartment residents, Ella Morrison (MP3).

The building is owned by David Ferry of Buffalo.

The fire caused an estimated $15,000 damage to the building and $5,000 damage to contents.

The cause remains under investigation.

Photo courtesy The Batavian's news partner, WBTA.

Previously:  Man dies in fire on Dellinger Avenue

UPDATE: We are aware that another news organization has reported the name of the victim. It is the policy of The Batavian, as well as our news partner WBTA, not to release the names of victims of fatal fires and accidents until authorities have confirmed that next-of-kin have been notified.

A Batavia teenager who admitted to raping a 15-year-old girl in his home on Feb. 16 is fortunate he can't receive a lengthier prison sentence than he received today, according to District Attorney Lawrence Friedman.

Friedman told Judge Robert Noonan prior to the sentencing of Oliver Thomas, 17, that the DA's office accepted a plea to rape in the third degree only after Thomas' friends lied about the incident and if the case went to trial, the People would have been relying primarily on the testimony of the victim.

After Thomas plead guilty to rape in the third degree, during the Genesee Justice probation investigation, Thomas admitted that he did in fact forcibly rape the girl.

Thomas was originally charged with rape in the first degree.

"He is very fortunate that he saved his admission until after his plea," Friedman said. "We would never have given him the plea and he would be facing a lengthy mandatory determinant sentence."

Judge Noonan agreed that he likely would have given Thomas the maximum sentence for what he described as a "very violent felony" against a "very young victim."

Thomas received an indeterminate sentence (meaning he can receive credit for good behavior and showing he's been rehabilitated) of one-and-a-third to four years in state prison.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.

The Enchanted Florist, 202 E. Main St., Batavia, N.Y.: Brighten up your home or office with flowers!  We have a $20 gift certificate for $8.50.

Blue Pearl Yoga, 200 E. Main St., Batavia, N.Y.: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for a seven-week Pilates session (one class per week), which is a value of $56, for $28.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, N.Y.: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

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

Adam Miller Toy & Bicycles, 8 Center St., Batavia, N.Y.: 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.

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One man is dead after a fire and smoke swept through a second-floor apartment bedroom early this morning on Dellinger Avenue.

A passing motorist called 9-1-1 after hearing the smoke detectors at about 3:00 a.m.

The name of the victim has not yet been released.

No other people were in the apartment.

The occupants of the first-floor apartment escaped safely.

The last fatal fire in the City was three years ago yesterday.

Further details coming soon.

Councilman Bill Cox, with the help of Councilwoman Rose Mary Christian, last night held a second meeting on the proposed Batavia City School Districts plans for a sports complex at the end of North Street.

The purpose of the meeting was to rally continued support against the plan and to lay out a plan of action to be taken, which includes:

Encouraging people to contact all of the members of the Board of Education and tell them they do not support this plan.

Encourage people to attend the Oct. 6th Board of Education meeting on the sports complex to voice their opposition.

Campaigning against School Board members running for re-election who support this plan.

There's something out of whack with the market for dairy products -- the price of production continues to go up, while the price dairy farmers get for their milk remains at historic lows, but for the rest of us -- us consumers -- we're paying just as much as ever for milk and cheese.

Somebody's making a lot of money off the hard work of Genesee County's dairies, but it's not the farmers nor their workers.

In fact, some of them are facing the devastating loss of their businesses.

"The price of milk since January has been very low, to the point that we’re going to lose about $300,000," said Le Roy dairy farmer Dale Stein during a dairy rally at his farm called by Assemblyman Steve Hawley. "We anticipated through September that it would be low, but the price has still not come back up in September and now they’re looking at March, so we’re borrowing another large set of money to get through until March. The problem is now, there are many farmers who can’t get any more credit due to the large size of their loss. We’re able to borrow money, but we’re here today because of so many farmers who can’t."

Hawley and Assemblyman Cliff Crouch (R,I-Guilford) are calling on Gov. David Paterson to release more than $150 million in state funds (half this year and half next) to assist the state's family-owned dairy farmers. They're also calling on Washington lawmakers to change the price-setting mechanism and supports for dairy products.

Crouch believes the money should come either from unspent funds from around the state or from federal stimulus money, but state officials are saying the federal government won't allow ARRA money to be used to help dairy farmers.

"I think where there's a will there's a way," Crouch said. "We've seen different incidents where stimulus money has gone out and we've really raised our eyebrows and can't understand why it got spent in that direction. And here's an industry that's here and it's going to be closing down if we don't do something to help it. For every dollar that's spent on a New York dairy farm, between $3 and $7 goes back into the local economy. If that isn't economic stimulus, than I don't know what is."

Recently, ARRA money went to a Catholic charity in Buffalo, and Gov. Paterson also authorized a $200 payment per child for needy families to help with school supplies, using ARRA funds.

Crouch said that it's time for Gov. Paterson to step up and offer assistance to the state's dairy farmers -- even if it's not the $75 million they seek this year, Paterson should at least be in Washington lobbying for his state's dairy farmers.

Photos: Top, Dale Stein speaks during the rally. Bottom, Lori Hawkins, an unemployed milker, showed up at the rally to let it be known she is looking for dairy work.

A man with multiple felony convictions who is accused of breaking into a State Street home and stealing several items while an elderly woman slept, won't get out on bail or bond any time soon.

Judge Robert Noonan denied a defense request to release Reginald M. Wilson, of 283 Seneca Manor Drive, Rochester, on $10,000 bond.

Wilson's sister was apparently ready to post bond, using her house as collateral.

"You're asking me to presume that a defendant facing a life-in-prison sentence because he's a persistent felon would care about his sister's $10,000?" Noonan said.

At which point, Wilson sat up straight in his chair and said, "Yes."

"That's a stretch," Noonan said, and Wilson slumped back in his chair.

Noonan noted that Wilson has 30 prior arrests, 12 convictions and 6 felonies on his record.

Two of his convictions led to state prison time, which means a third such felony conviction -- which Wilson is facing now -- means a life sentence.

A man accused of attempting to break into a Graham Manufacturing building on Aug. 14 plead guilty today to attempted burglary.

There are apparently other unindicted co-conspirators, District Attorney Lawrence Friedman indicated in court, and Robert S. Douglas of Batavia will be expected to testify against them if they ever come to trial.

In exchange for his guilty plea and promise to testify, Douglas could receive a prison sentence of only one-and-a-half to three years.

Douglas, who has a prior felony DWI conviction and appeared in court in chains and the orange prison garb of the Genesee County Jail, was scheduled to be released following his guilty plea under supervision of Genesee Justice with a curfew of 7 p.m. to 7 a.m.  He is married and has a child.

The Batavia Police Department has not previously released information on break-ins at the Graham building. Yet there is some hint from the court proceedings today, that there was more than one break-in that Douglas and possible cohorts were involved in. In addition, news of Douglas' arrest previously was not released (at least, at the moment, I can't find any record of any such release).

A Buffalo man suspected of tricking a woman out of $2,000 at Tonawanda Valley Federal Credit Union heard Judge Robert Noonan dismiss two of his attorney's key motions this afternoon.

The witness identification and his reportedly self-incriminating remarks following his arrest can be used at the possible trial of 69-year-old Yusuf A. Hassem,  a.k.a. Louis L. Reed, Judge Noonan ruled.

Defense Attorney Fred Rarik tried to argue that the photo array used by the victim to identify Hassem was flawed because Hassem was described as a well-dressed man at the time of his alleged crime, and in the array Hassem is the only possible suspect not well dressed. That made Hassem stand out more, Rarik argued.

Rarik said the photo array was "the most suggestive I've ever seen," and he accused police of leading the witness to understand the suspect was bald, wearing glasses and jewelry was like building "a Mr. Potato Head."

Rarik also asserted that police investigators did not properly read Hassem his rights.

Judge Noonan said the fact is that none of the six mug shots used in the array matched each other, so the witness was not necessarily guided toward a particular answer. The photo array itself wouldn't be admissible anyway, Noonan said, but the witness identification would be admissible.

Further, none of Hassem's potentially incriminating statements were made before Hassem was read his rights and told he was under arrest.

Hassem has been offered a plea deal, according to District Attorney Lawrence Friedman, that would have him serving only one-and-a-half to three years. If he doesn't accept the plea before Dec. 1, Hassem will go on trial Feb. 1.

Hassem first made the pages of The Batavian after police released a surveillance camera photo of him from Tonawanda and I noted that he was the same man I saw earlier that day in the parking lot behind Alberty Drug's.

An Elba man is in critical condition at Strong Memorial Hospital following a single-vehicle motorcycle accident on Swamp Road in Byron this afternoon.

Thomas M. Legler, 49, was reportedly not wearing a DOT-approved helmet when he apparently lost control of his bike around 3:34 p.m..

The initial investigation indicates that Legler was westbound on Swamp Road when he failed to navigate a sharp turn in the roadway. His 2003 Harley Davidson crossed the double-yellow line and then skidded on its side, exiting the roadway on the south shoulder. Legler was ejected from the motorcycle.

There were no passengers.

Speed is believed to be the primary factor in the accident. Alcohol is not considered a factor.

Legler was transported to Strong via Mercy Flight.

The investigation is ongoing and being handled by Deputy Butler, Sgt. Walker and Sgt. Scott of the Genesee County Sheriff's Office Crash Management Team.

Kravings, Valu Plaza, West Main Street, Batavia, N.Y. : Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

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

Sport of Kings Family Restaurant, 419 W Main St., Batavia, N.Y.: A favorite locally owned family restaurant that is open 24 hours per day, seven days a week. We have a $15 gift card for $7.50.

Picasso's Pizza, 419 W. Main St., Batavia, N.Y.: A great variety of pizza, subs and salads -- and try the wings, too. We have three $5 booklets of $1 gift certificates ($15 value) for $7.50. The gift certificates can be used collectively or individually.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.

The Enchanted Florist, 202 E. Main St., Batavia, N.Y.: Brighten up your home or office with flowers!  We have a $20 gift certificate for $8.50.

Carlson's Studio, 39 Jackson St., Batavia, N.Y.: Family photos are more than just photographs. When you need photos for that special occasion, Carlson's is a great choice in Genesee County. We have a $100 gift card for $50 ($2 PayPal fee).

Blue Pearl Yoga, 200 E. Main St., Batavia, N.Y.: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for a seven-week Pilates session (one class per week), which is a $56 value, for $28.

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

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