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Photo: Pair of Batavia Middle School students win bicycles at Family Night

By Howard B. Owens

Celia Murillo-Rios, left, and Michael Cook, students at Batavia Middle School came out the big winners Thursday night at the school's annual Family Night when their names were drawn in a giveaway of two bicycles.

The girl's bike was donated by the school's Parent-Teacher Association and the boy's bike was donated by the Batavia Police Benevolent Association.

Also pictured, Maureen Notaro, 7th and 8th grade VP, and Brian Sutton, 5th and 6th grade VP.

Pavilion students pony up $723 for Sheriff's Office K9 Fund

By Billie Owens

Submitted photo.

On Wednesday, students at Pavilion Central School presented a check for $721 -- plus gave two one-dollar bills in cash -- for the K9 Fund to help the Genesee County Sheriff's Office buy a crime-fighting service dog. A total of $723!

The students held a fundraiser on Nov. 5, which was designated "Hat Day." Students donated a dollar to participate in Hat Day and and staff made a donation so they could "dress down" in casual clothes that day.

Pictured at the check ceremony are: Back row, from left -- Chief Sheriff's Deputy Jerome Brewster, Kris Hoffmeister, Ashley McMaster, Sheila Eigenbrod, Charles Martell, Ken Ellison and Jon Wilson. Front row, from left -- K9 Handler / Deputy Christopher Erion, students Molly McMaster and Kennedy Quigley, and School Resource Officer / Deputy Cory Mower.

Grand Jury: Man indicted for September carjacking at Batavia Kwik-Fill

By Billie Owens

Constantine D. Murrell is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Sept. 25 at the Kwik-Fill gas station/convenience store at the intersection of Ellicott and Jackson streets in the City of Batavia that Murrell forcibly stole a 2008 automobile. In count two, he is accused of second-degree assault, a Class D violent felony. It is alleged in count two that during the commission or attempted commission of the aforementioned felony that he cause physical injury to a person. in count three, he is accused of reckless driving, a misdemeanor, for driving the 2008 vehicle in a manner that interfered with the free and proper use of the roadways and/or unreasonably endangered users of those roadways. In count four, Murrell is accused of unlawful lfeeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count four that he attempted to flee an officer, knowing that he had been directed to stop, and that his speeds equaled or exceeded 25 miles per hour above the speed limit or he engaged in reckless driving.

Dylan J. Perry is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that between Dec. 1 and Dec. 2 he knowingly entered and remained unlawfully in a building located on Broadway Road in the Town of Darien with intent to commit a crime. In count two, Perry is accused of petit larceny, a Class A misdemeanor. It is alleged in count two that Perry stole $300 in U.S. currency and a pair of work boots while inside the property on Broadway Road.

Antonio J. Goodson is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on Aug. 22 in the City of Batavia that he violated a duly served order of protection by being in the presence of the protected party. In Special Information filed by the District Attorney, Goodson is accused of having been convicted of criminal contempt in the second degree, a Class A misdemeanor, on Jan. 19 in City of Rochester Court. That conviction was for a violation of a stay away family offense order of protection and was within five years of the crime alleged in the current indictment.

Thomas J. Claffey is indicted for the crime of driving while ability impaired by drugs, as a Class E felony. It is alleged that on June 18 in the Town of Stafford that he drove a 2016 Chevrolet on Route 33 while his ability to do so was impaired by use of a drug. In Special Information filed by the District Attorney's Office, Claffey is accused of having been convicted for DWI, as a misdemeanor, on July 28, 2008, in Town of Irondequoit, and that conviction was within 10 years of the crime alleged in the current indictment.

Michael Napoleone Memorial Foundation Board launches Community Youth Grant

By Billie Owens

Press release:

BATAVIA -- The Board of Directors of the Michael Napoleone Memorial Foundation is excited to announce the launch of its Community Youth Grant. This grant will be awarded to charitable organizations whose primary mission is to facilitate youth activities for children up to age 18.

It supports one of three mission priorities established by the foundation -- ”to assist youth organizations and youth athletics.” The Michael Napoleone Memorial Foundation Community Youth Grant will award funding twice annually based on the schedules below. 

Winter 2018 Funding Cycle:

  • Application form available today -- Nov. 16
  • Applications are due Jan. 18
  • Award notices will be sent to applicants by Feb. 18

Summer 2019 Funding Cycle:

  • Application form available on May 1
  • Applications are due July 1
  • Award notices will be sent to applicants by Aug. 1

The online application is available at:  https://michaelshope.org/new-grants/. There are no geographic limitations for recipients, but preference may be given to the Western New York region. Organizations may receive one grant annually. Requests for program advertising will be directed to the appropriate grant cycle.

About the Michael Napoleone Memorial Foundation Inc.

It was established in 2007, is in memory of Michael C. Napoleone, the 8-year-old son of Mark and Laurie Napoleone from Batavia, who died from Burkitts Lymphoma/Leukemia, an aggressive form of blood cancer. During Michael's illness, the community rallied around the family to assist with food, gas, medical bills and other necessities. The not-for-profit foundation, a 501(c)3 organization, was created to give back to those who cared, to give forward to those in need, and to support research efforts in finding a cure for childhood cancer.

Richmond library foundation to hold Scrabble Tournament at GO-ART! Dec. 1

By Billie Owens
Press release:
 
The Richmond Memorial Library Foundation will host a Scrabble Tournament for adults on Saturday, Dec. 1 at GO-ART! (201 E. Main St., Batavia) beginning at 7 p.m.! Registration is required by Nov. 26 (see link below to register).
 
Join us to support the Library Foundation and warm up after Christmas in the City at this awesome event in the cozy GO-ART! building.
 
Find more information and register online by Nov. 26 by clicking here.
 
Your $35 entry fee includes appetizers sponsored by Brighton Securities, and one beverage complements of GO-ART! Your entry fee supports the Richmond Memorial Library Foundation, and cash bar proceeds support GO-ART!
 
Doors open at 7 p.m.; bring cash or a check made out to Richmond Memorial Library Foundation. Tournament starts at 7:30 using NASPA tournament rules and "Merriam-Webster's Official Scrabble Players Dictionary."
 
Two 50-minute games will be played (against different opponents) with the following prizes:

Prizes:
First Place (highest combined scores) -- $150 / Second Place (combined scores) -- $50 / Highest-scoring word -- $35

The Richmond Memorial Library Foundation is a registered 501(c)3 not-for-profit organization which supports the Richmond Memorial Library by raising funds from generous donors to build and manage an endowment to meet the library's long-range needs.

Some raw ground turkey sold at Tops recalled for illness outbreak due to salmonella

By Billie Owens

Press release:

Please be advised that Jennie-O Turkey Sales LLC has recently issued a recall of it's raw ground turkey products that may be associated with an illness outbreak of salmonella. 

Of these products, Tops Friendly Markets ONLY carried minimal quantities of:

  • Jennie-O Italian Seasoned Ground Turkey with a use by date of 10/2/18
  • Jennie-O Taco Seasoned Turkey with a use by date of 10/2/18

This recall does NOT impact any other Jennie-O product currently carried by Tops stores.

Customers who may have purchased these items from our stores will be receiving a call alerting them of the recall. Those with questions re: the recall can contact Jennie-O Consumer Engagement Team at 1-800-621-3505.

Buffalo Community Foundation accepting GC applications for grant money

By Billie Owens

BUFFALO – The Community Foundation for Greater Buffalo is now accepting applications for the 2019 Ralph C. Wilson Jr. Legacy Funds competitive grant process.

Grants will support the following areas of interest:

  • Caregivers
  • Community Assets*

  • Design and Access

  • Youth Sports

Applicants must be a 501(c)(3) nonprofit organization located within the eight counties of Western New York, including: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and Wyoming.

For Caregivers and Design and Access grants, government agencies also may apply.

*For Community Assets grants, only 501(c)(3) nonprofit organizations that reside in Erie County may apply.

Applications are due Jan. 7.

For more information about deadlines and eligibility, and to apply, please visit

www.cfgb.org/nonprofits/grants/ralph-wilson-legacy/

###

About the Community Foundation for Greater Buffalo
The Community Foundation for Greater Buffalo, a 501 (C)(3) organization, was established in 1919 to enhance and encourage long-term philanthropy in the Western New York community. The Foundation’s mission is: Connecting people, ideas and resources to improve lives in Western New York. For nearly 100 years, the Community Foundation has made the most of the generosity of individuals, families, foundations and organizations who entrust charitable assets to its care. For more information, visit www.cfgb.org.

About the Ralph C. Wilson Jr. Legacy Funds
The Ralph C. Wilson Jr. Legacy Funds were established at the Community Foundation to provide support to four areas that were important to Mr. Wilson: caregivers, community assets, design and access, and youth sports. Endowment funds, like these created to honor Mr. Wilson, are designed to grow over time and provide funding for charitable causes according to a client’s wishes.

Photos: Mid-November snowstorm in Batavia

By Howard B. Owens

It wasn't a lot of snow that fell overnight but it was wet and heavy and that made it hard to shovel, said Bob Pappalardo, above, who was clearing a driveway on Summit Street this morning.

Paul Lamendala, below, said the snow wasn't much easier to clear with a snow blower on the sidewalks outside of City Church/St. Anthony's on Liberty Street.

The snow is tapering off through early afternoon and Saturday and Sunday are expected to be partly cloudy.

Accident reported at Route 33 and Donahue Road, Batavia

By Billie Owens

A motor-vehicle accident with three minor injuries is reported at Route 33 and Donahue Road, Batavia. Town of Batavia Fire Department and Mercy medics are responding.

A second ambulance is called in. The roadway is blocked; traffic control is needed.

Police incident reported on Washington Avenue in the city

By Billie Owens

Multiple city police units are on scene and officers have guns drawn after a gun was thrown out of a car at 317 Washington Ave. No further information.

More T/K.

UPDATE 5:24 p.m.: According to Sheriff's Office Sgt. Andrew Hale, a suspect vehicle in a string of recent burglaries "all over" was spotted by a marked Sheriff's patrol car traveling on Washington Avenue with two occupants. Sheriff's Investigator Christopher Parker, working patrol, turned around and followed the vehicle, which turned into a driveway randomly in an attempt to elude the Sheriff's unit. (By coincidence, it happens to be the residence of County Manager Jay Gsell.) One of the occupants threw out a 22-caliber semi-automatic pistol in an attempt to ditch the weapon. It was never pointed at anyone and no threat was made. The occupants did not attempt to flee. Two brothers, one age 19 and the other age 14, were transported to the Sheriff's Office for questioning. If charges are brought, more information will be released by law enforcement, Hale said.

Driver accused of killing teen in hit-and-run appears in court while attorneys file motions in legal case

By Howard B. Owens
      Jennifer Serrano

The defense attorney for Jennifer Serrano, the 48-year-old woman accused of killing an 18-year-old Hinckley resident in a hit-and-run accident in Darien on Aug. 11, will be given a chance to challenge any statements obtained by police from her during the investigation that led to her arrest.

Judge Charles Zambito granted the motion today by Frank LoTempio for the hearing, known as Huntley Hearing, which is pretty standard in criminal cases.

LoTempio will be able to question the officers involved in obtaining statements from Serrano to determine whether or not her rights were violated and whether the statements were legally obtained.

Serrano was allegedly the driver of a vehicle that struck and killed Connor Lynskey after the Jason Aldean concert at Darien Lake. Lynskey and a group of people were walking on Sumner Road back to the Darien Lakes State Park, where they were camping, when he decided to run ahead to catch up with a friend. He was reported missing later that night. His body was found by a deputy the next day.

About a half-hour later, Serrano was stopped and charged with DWI but she did not mention the possible prior accident and was only connected to the accident the next day through police investigation.

At the DWI stop, where she reportedly almost hit a patrol vehicle, Serrano may have tried to talk the deputy into letter her go, according to police reports.

Serrano appeared in court shackled alongside LoTempio and co-counsel Jack Sanchez dressed in gray sweatpants and an orange sweatsuit hoodie jacket.

She is being held on $100,000 cash bail or $200,000 bond while her case heads toward a possible trial.

LoTempio also filed a supplemental motion challenging the search warrants used in the case. He had filed the motion after recently receiving copies of the warrants and the statements used to obtain them. District Attorney Lawrence Friedman will be given time to file a written response before Zambito rules on the motion.

Driver who caused serious injury accident in Corfu pleads guilty to vehicular assault

By Howard B. Owens

A 24-year-old Oakfield resident involved in a serious injury accident in Corfu in April is facing up to six years in prison after pleading guilty this afternoon in County Court to aggravated vehicular assault.

Jacob J. Szumigala also agreed to plead guilty to DWI as a misdemeanor and aggravated unlicensed operation.

As part of the plea deal, Szumigala must also plead guilty in Town of Oakfield on a pending DWI case.

Szumigala is out of jail pending sentencing at 1:30 p.m. Jan. 15 and must abide by court instructions and the agreement or statutory enhancements could be added to his guilty plea, which would mandate a five- to 15-year prison term.

There is no minimum prison term and Szumigala could receive a probationary sentence if he abides by the terms of the plea agreement.

On April 18, Szumigala was driving a 2008 Hyundai Sonata with North Carolina plates on West Main Street Road through Corfu when his car rear-ended a Honda driven by James M. Hoskins, of Corfu. Hoskins' car then struck a westbound pickup truck. Hoskins was seriously injured in the accident.

In court today, Szumigala admitted that his BAC exceeded .18 percent at the time of the accident and that he was driving recklessly.

A month earlier, Szumigala was arrested by State Police for allegedly driving drunk on Lockport Road, Alabama. That case is still pending in the Town of Oakfield Court.

Photo: File photo of April 18 accident.

Winter weather advisory in effect from 4 p.m. until 7 a.m.

By Billie Owens

A winter weather advisory is in effect from 4 p.m. this afternoon (Nov. 15) until 7 a.m. Friday, Nov. 16, according to the National Weather Service office in Buffalo.

Snow is expected. Total snow accumulations of 3 to 6 inches expected across Orleans, Monroe and Genesee counties.

The snow may mix with sleet this afternoon and evening. The snow may mix with freezing rain this afternoon and evening across portions of Northern Erie and Genesee counties with less than a 10th of an inch of ice accumulation.

Plan on snow-covered and slippery roads. Periods of snow, sleet or freezing rain will result in slippery roads and limited visibilities. Slow down and use caution while driving.

Jankowski takes Second Place Semi-pro in 3-Gun competition

By Billie Owens

Submitted photos and press release:

Eugene Jankowski Jr., of Batavia, finished Second Place Semi-pro and 11th overall in the practical division and qualified for the final shoot-offs at the 2018 3-Gun Nation nationals.

He is president of the Batavia City Council and a retired lieutenant with City of Batavia Police Department.

Held in Clinton, S.C., more than 100 competitors from all over the country used three guns (pistol, modern sporting rifle and shotgun) to complete eight challenging natural terrain courses of fire over two days.

Competitors were required to safely engage multiple targets for the quickest time while navigating various obstacles and unusually wet, muddy weather conditions.

3GN Nationals, presented by NRA Sports, brings shooting challenges, camaraderie, shoot-offs and sponsor engagement to 3 Gun Nation members.

Law and Order: Montclair Avenue woman accused of forcing kid to smoke pot

By Billie Owens

Heidi L. Harder, 43, of Montclair Avenue, Batavia, is charged with criminal use of drug paraphernalia in the second degree and endangering the welfare of a child less than 17. Harder was arrested following an investigation into the report of drug activity being conducted in the presence of a child and forcing that child to smoke marijuana. The incident allegedly occurred at 6 p.m. on Sept. 9 on Montclair Avenue. Harder was arraigned in Batavia City Court on Nov. 13. The case was investigated by Batavia Police Officer Jason Ivison.

Robin L. Williams, 33, of Jackson Street, Batavia, and Michael L. Jackson Jr., 37, of Maple Street, Batavia, are both charged with endangering the welfare of a child. They allegedly allowed and encouraged their respective juvenile daughters to engage in a physical altercation. The incident allegedly occurred at noon on July 3 on Thorpe Street in Batavia. The adult defendants were issued appearance tickets and were due in Batavia City Court on Nov. 13. The cases were handled by Batavia Police Officer Matthew Wojtaszczyk.

Chiyannon J. Bundy, 31, of 98 Lake St., Le Roy, was arrested Nov. 11 following a reported disturbance call in the Village of Le Roy. Bundy was charged with one count each of burglary in the second degree, a Class C felony, and criminal mischief in the fourth degree, a Class A misdemeanor. It is alleged that during the disturbance, Bundy knowingly and unlawfully entered a residence with the intent of damaging property and damaged the property of another. Bundy was arraigned and released under the supervision of the Genesee Justice Program.

James E. Soggs III, 24, of North Spruce Street, Batavia, is charged with two counts of endangering the welfare of a child and criminal mischief. He was arrested at 10:15 a.m. on Nov. 11 on Thomas Avenue in Batavia after a domestic altercation at his girlfriend's residence. He was arraigned and jail on $2,500 cash or bond and was due in Batavia City Court on Nov. 12. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Arick Perkins.

Christopher A. Ridgeway Jr., 26, of Bridgewood Road, Midlothian, Va., is charged with: unlawful possession of marijuana; aggravated unlicensed operation in the second degree; unlicensed operation; and operation without headlights. He was arrested at 1:17 a.m. on Nov. 7 on West Main Street in Batavia following a traffic stop for driving without headlights. He posted bail and was issued an appearance ticket along with several traffic tickets. He was due in Batavia City Court on Nov. 14. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Nicole McGinnis.

Andrew D. Vicary, 27, of East Main Road, Stafford, is charged with DWI, unsafe backing and following to closely. Vicary was arrested at 4:04 p.m. on Nov. 1 on East Main Street in Batavia following an investigation into a three-car accident at the intersection of East Main Street and Swan Street. He was arraigned in Batavia City Court and released on his own recognizance. He was due back in city court on Nov. 2. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Catherine Mucha.

Cynthia May Mack, 51, of South Swan Street, Batavia, is charged with second-degree criminal contempt. She was arrested at 10:24 a.m. Nov. 14 on South Swan Street in Batavia following a probation house check. She was allegedly found to have a house guest whom she was restricted from having any contact with due to a complete stay away order of protection. She was jailed on $2,500 cash or bond. The case was handled by Batavia Police Officer Jason Ivison.

Jessica L. Holtz, 35, of Williams Street, Batavia, is charged with petit larceny. It is alleged that she stole $3.48 worth of merchandise from Save-A-Lot. She was arrested at 7:30 p.m. on Oct. 31 and processed at Genesee County Jail. She was issued an appearance ticket and is due in Batavia City Court on Nov. 20. The case was handled by Batavia Police Officer Kevin DeFelice.

Santa Day is Saturday at Oliver's Candies, will help support Habitat for Humanity

By Billie Owens

Press release:

Habitat for Humanity of Genesee County teams up with Oliver’s Candies, located at 211 W. Main St. in Batavia, for Santa Day from 10 a.m. to 2 p.m. on Saturday, Nov. 17.

Come visit Santa, shop for sweets and enjoy a petting zoo! There will also be hot dogs for sale! A hot dog, bag of chips and a soda can be purchased for $3.

You can also help build Habitat’s next home by “Sponsoring a Stud.” Sign your name or write a message on a 2 in. x 4 in. for a donation of $1 and it will be added to Habitat’s current project at 6 Manhattan Ave. in the City of Batavia.

All purchases and donations benefit Habitat’s mission to provide decent, affordable housing to families in the community. As always, Habitat thanks you for your support.

School crossing guard needed ASAP in Village of Elba

By Billie Owens
From Norman Itjen, Village of Elba mayor:
 
The Village of Elba is looking for a School Crossing Guard. Our current crossing guard has accepted a full-time job, we are only a couple of days away from having no crossing guard.
 
This job would require someone to be available before and after school to assist children crossing the street.
 
Anyone interested should call (585) 757-6889 or stop by the Village Office at 4 S. Main St. in Elba.

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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