Wall Street Journal: FCC's Web Tolls Proposal Sets Up a Battle

A 17-year-old Lindwood Avenue resident arrested last week on a forcible rape charge has been indicted by a Genesee County Grand Jury on seven more criminal counts.

Joseph A. Saraceni, Jr., is charged with two counts of rape in the first degree, a Class B violent felony, as well as two counts of sexual abuse in the first degree, a Class D violent felony, and misdemeanor counts of criminal obstruction of breathing or blood circulation, aggravated harassment and menacing 2nd.

Saraceni is accused of forcing sexual intercourse with a person Nov. 11 and Nov. 12 in the City of Batavia. He accused of forcing sexual contact on those dates. On those dates, he allegedly applied pressure to the throat or neck of another person.  In October and November, he's accused of threatening another person and communicating in a manner likely to cause annoyance or alarm.

The Grand Jury also indicted Leslie C. Jackson on two counts of grand larceny 4th, a Class D felony.  Jackson is accused of stealing property from a Batavia couple valued at more than one thousand dollars. Jackson is also accused of promising to perform home improvements for that couple and receiving more than $1,000 based on the promise.

Press release:

"The internet has revolutionized the way we live and obtain information largely because it has been readily accessible and free from unnecessary government regulation. Today's ruling by the FCC paves the way for Internet 'fast lanes' which will create one Internet for the haves and one Internet for the have-nots. I am hopeful there will be enough public and Congressional backlash to block this proposal to help ensure that the Internet remains easily accessible and a tool to build economic opportunity."

Press release:

City officials, Gus Macker organizers, Darien Lake executives, and members of the Police Athletic League joined together outside Buffalo City Hall this morning to announce that the Gus Macker tournament will be returning to Western New York this year. Genesee County's Darien Lake intervened to save the tournament, which would have otherwise been canceled this year.

“We’re excited to be able to bring the tournament back (here),” said Gus Macker organizer Scott McNeal. “Darien Lake offers the necessary space and infrastructure for the thousands of players and families that come to participate in and watch the games.”

This Gus Macker tournament is the second-largest out of 38 locations nationwide, with more than 3,000 players and spectators annually. The three-on-three tournament attracts both male and female players, 78 percent of whom are under the age of 24, and 47 percent of whom are under 17. 

“As Western New York’s family-fun destination, the Gus Macker Tournament is a perfect fit for us,” said Darien Lake spokesman Vince Nicoletti. “We’re very excited to be hosting the games this year and look forward to continuing this great ... tradition.”

This year’s tournament will take place on July 19th and 20th across Darien Lake’s sprawling parking lots, which will be converted into basketball courts with four to six featured games taking place inside the park itself. Darien Lake will also be keeping the Police Athletic League as the event’s charitable beneficiary.

Darcy E.P. Telenko has been hired as the newest extension educator for the Cornell Vegetable Program. Joining the five other specialists on the team, Telenko will add additional resources to the regional program which serves the commercial vegetable industry in 11 Western, NY counties.

She begins as a vegetable production specialist, bringing expertise in plant pathology, soil science and weed management. This new team position was identified three years ago due to growth of the program.

“After a prolonged search, we are confident that we have hired the right person for the position,” said Julie Kikkert, program team coordinator.”

Originally from Batavia, Darcy grew up on a dairy and produce farm and managed the planting, harvesting, and sale of fruit and vegetables for Partridge’s On the Farm Market. Summers were spent as an IPM scout in WNY.

She earned her B.S. degree at Cornell University, M.S. at Southern Illinois University in plant and soil science, and Ph.D. in plant pathology and crop science from North Carolina State University. Her post-doctoral research in Virginia focused on disease management of agronomic crops, including the evaluation of disease resistance in transgenic peanut lines. Most recently she conducted research and extension trials in turfgrass, agronomic, and vegetable crops at the University of Florida, West Florida Research and Education Center.

Darcy will temporarily be residing with family in Batavia with her office at CCE Erie County. Initially she will be working four days per week until her family joins her early next year. Darcy’s husband, Dominic Telenko, will be retiring from the U.S. military where he is a Navy pilot. The couple has two children, Sophia and Vincent.

Via WBTA:

Terrel Goodson, 25, was convicted at jury trial in Genesee County Court in April of Criminal Sexual Act and Sex Abuse. The second charge carries a seven-year sentence to run concurrently.

Goodson was arrested in Albion in October. He was convicted after two days of testimony.

If Goodson is released, he will be on post-release supervision for 15 years.

A 36-year-old Rochester resident awaiting a possible trial on multiple third-degree rape charges has agreed, seven months after his arrest, to submit to DNA testing and a search of his mobile phone.

Jon Thomas Magliocco was arrested in October and is being held on $50,000 bail.

He appeared in County Court on Wednesday for his plea-cut-off date (the date Judge Robert C. Noonan sets for defendants to either go to trial or accept whatever plea offer is on the table.).  

His case was continued until a court appearance May 27 after Jerry Ader, public defender's office, informed Noonan that his client would submit to DNA testing and a search of his phone.

"We would ask for an extension to see what the results of those examinations would be," Ader said.

Friedman said wasn't sure how long it would take to get back test results for DNA, but would know better in two weeks.

Magliocco was indicted near the end of October on eight counts of rape, 3rd, a Class E felony, and nine counts of criminal sexual act, 3rd, a Class E felony.

He is accused of being older than 21 years old and engaging is sexual intercourse or oral sexual contact with a person less than 17 years old.

All but one occasion is alleged to have occurred in a house in the City of Batavia and the other incident was allegedly sexual intercourse in a tent in the Town of Batavia.

Widely acclaimed as the original American-designed ceramic cooker, the Big Green Egg was derived from an ancient clay cooking device known as a “kamado.” Originally a clay vessel with a lid, today’s EGG® is a modern ceramic marvel known for producing amazing culinary results for novice and experts alike for over thirty years! 

Sweetland Pines Golf Course, 5795 Sweetland Road, Stafford, NY: Sweetland Pines is a par 3 golf course, great for beginners and experienced golfers working on the short game. Relaxed golf game, average play is about 1 hour and 20 minutes, leaving the golfer time to enjoy rest of the day. We have a $25 gift certificate for $12.50.

Bohn's Restaurant, 5256 Clinton St., Batavia, NY: Fine dining in an atmosphere of casual elegance. Lunch and dinner, steak, prime rib and seafood. Ask about Bohn's catering services and banquet facility. We have a $25 gift certificate for $15.

The Mane Attraction Salon and Spa, 99 Main St., Batavia, NY: offers "Affordable Luxury" in downtown Batavia. We pride ourselves in the great customer service we give to the entire family. Men, women and children are all welcome either by appointment or walk-in. We offer all hair care services including cuts, color, highlights, lowlights, perms, styling/updos, facials, leg and back waxing, Shellac Polish System, manicures and pedicures. We are the only salon in Batavia that has an airplane chair for kids' cuts! Hours are 10 a.m. to 7 p.m. Tuesday through Friday and 9 a.m. to 3 p.m. on Saturday. We have a $20 gift certificate for $10.

Pudgie's Lawn & Garden Center, 3646 W. Main St. Road, Batavia, NY: Spring is here and Pudgie’s has everything you need to enjoy the season -- hanging baskets of beautiful flowers, lawn care products, shrubbery, gardening supplies, and more. We have a $25 gift certificate for $12.50.

Sweet Ecstasy Bakery & Bistro, 201 E. Main St., Batavia, NY. A retail and special-order bakery and cafe located in Downtown Batavia inside Seymour Place. Offering a wide variety of items such as cookies, filled cupcakes, quick breads, pies, breakfast pastries, daily. On Fridays, it offers fresh artisan bread like baguettes, sourdough and rye starting at noon. The custom cakes are out of this world with 3D characters or gorgeous wedding cakes to suit any budget. For all your sweet treats, we have a $10 gift certificate for $6.

$$$  Viking Valhalla Restaurant & Rose Garden Bowl, 21 Buffalo Road, Bergen, NY: Open for lunch Monday through Sunday, and dinner Friday and Saturday evenings. Dinner favorites are our succulent prime rib and Friday fish fries! We are always happy to help plan your special occasion -- wedding, shower, rehearsal dinner, stag party, graduation, company function, banquet, family or class reunion. We have a $20 gift certificate for $8.

$$$  Casa Del Taco, 234 Ellicott St., Batavia, NY: Mexican food lovers will delight in this new eatery that makes tacos and burritos "the way you want 'em" plus it offers other items like taco salads, burrito bowls, loaded nachos, and churros. Choose from a variety of toppings, including jalapenos, black beans, cilantro and guacamole. There are also several varieties of salsa to select from, such as corn, mango, verde, and sweet Thai ranch. Hours are: 11 a.m. to 4 p.m. Monday thru Wednesday; 11 a.m. to 7 p.m. Thursday thru Saturday; closed Sunday. We have a $10 gift certificate for $5.

Sammy Hill's, 7 Mill St., Le Roy, NY: This new restaurant has good, fresh food, including hand-pressed burgers, and a friendly atmosphere. Choose a house specialty burger or make your own with a variety of toppings, cheeses and sauces to select from. The menu also includes flatbread sliders, garbage plates, shredded beef or marinated chicken tacos, sandwiches like the Cuban, bruschetta chicken, or deep-fried pork loin. Friday fish fry -- battered, broiled or blackened. Dine in or take out. "Come Get Some!" Hours are Tuesday, Wednesday and Thursday from 11 a.m. to 9 p.m., Friday and Saturday from 11 a.m. to 10 p.m., Sunday 11 a.m. to 7 p.m., closed Monday. We have a $10 gift certificate for $6.

Oliver's Candies, 211 W. Main St., Batavia, NY: Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.

Daphne's Restaurant & Lounge, 241 Swan St., (Off Rt. 63/Ellicott St.) Batavia, NY. Daphne's is destined to become a favorite for any who enjoy something special in a dining experience. Formerly the old St. Nick's Social Club, now unrecognizable to those who used to frequent the club, Daphne's provides you with a warm, inviting atmosphere and decor, which complements the array of wonderful dishes. We offer homemade seafood and pasta dishes, meatballs that are addicting as well as large salads, hot sandwiches & homemade potato chips. Fresh desserts are prepared in our own kitchen (tiramisu has been the top seller so far). We have a $20 gift certificate for $12.

Santino's Pizza, 2 Main St., Oakfield, NY: We're pizza and a whole lot more! Voted #1 pizza in Genesee County in blind taste test! Santino's features pizza, wings, subs, wraps, ice cream, and more! We have a $20 gift certificate for $12.

Clor's Meat Market, Catering & BBQ, 4169 W. Main St., Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's is under new ownership and now offers baked goods, pizza, wings, delivery service, and catering. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $10 gift certificate for $6.

T.F. Brown's, 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." Stop in and check out our Jumbo Chicken Wings, Roast Beef on Weck and Friday night fish fry. The original family spaghetti sauce still adorns all of our Italian specialties. The other popular selections from our menu range from Super Salads, butcher cut Strip Loin and South of the Border items. We offer daily lunch and dinner specials as well as a full adult and children’s menu. We have a $20 gift certificate for $12.

$$$  Scooter's Restaurant in Le Roy, 140 W. Main Street Road (Route 5), Le Roy, NY: Come see us at Scooter's family restaurant with our friendly atmosphere and homestyle cooking! We offer classic American food with breakfast, lunch and dinner served all day. We also offer a full take-out menu anytime. We have a $10 gift certificate for $4.

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

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Stretch your body and soul with yoga. This offer is a $20 gift certificate off instruction. For new students only. Not good with any other discounts or offers. Use before October 2014.

Settler's, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $12.

Bourbon & Burger Co., 9 Jackson St., Batavia, NY: Batavia's newest burger joint offers more than two dozen different types of tasty hamburgers. Our menu also includes a variety of sandwiches, appetizers and an extensive beer list, plus a full bar. We have a $20 gift certificate for $12.

$$$  Spirits, 78 Lake St., Le Roy, NY. Le Roy's favorite sports bar, where fun and good food are always on tap. Come try one of our many delicious burgers that we have to offer, as well as our HUGE Bomber Sandwich, homemade chicken fingers made to order, and the all-time favorite Dumpster Plate with many choices. We deliver. We have a $20 gift certificate for $8.

O'Lacy's Irish Pub, 5 School St., Batavia, NY: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $15.

Greg'ry's Bakery, 13 N. Lake Road, Bergen, NY: The bakery offers a variety of the finest cakes, cookies, pies, cupcakes, breads, breakfast and lunch sandwiches and so much more. Each treat is made the same as it has been for decades and baked right here. Come in and sample some for yourself! We have a $10 gift certificate for $6.

Dave's Ice Cream, 3872 W. Main Street Road, Batavia, NY: Dave's offers only locally purchased products, including Perry's hard ice cream in a wide variety of yummy flavors, with a wonderful assortment of toppings and homemade waffle cones. Different soft-serve flavors are offered weekly. We have a $10 gift certificate for $6.

$$$  The Enchanted Florist, 202 E. Main St., Batavia, NY: Whether you need just the right gift or a memorial or just want to brighten your own home or workplace, The Enchanted Florist can put together just the right floral arrangement for you. We have a $20 gift certificate for $5.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $12.

Smokin' Eagle BBQ & Brew, 9 Main St., Le Roy, NY. The kind of downhome, laid-back and comfortable place that just feels right. Open daily for lunch, dinner and drinks, this eatery and bar features a variety of eats and drinks that are outstanding. Specializing in smoked meats -- each meat is dry rubbed with a proprietary mix of seasonings, then smoked slowly in their on-site smoker for maximum flavor and tenderness. With a variety of appetizers, burgers, sandwiches, wraps, combo platters and entrées, there's always plenty of choice for even picky eaters. Great food, frosty brews and some of the best folk around call the Smokin' Eagle BBQ & Brew their favorite -- make it your favorite today! Don't forget to ask about our catering! We have a $20 gift card for $12.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $15.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have a $20 gift certificate for $12.

Ficarella's Pizzeria, 21 Liberty St., Batavia, NY: Dine-in, drive-thru or delivery. Featuring fresh, hearth-baked pizza since 1985, plus wings, pasta and more. We have a $20 gift certificate for $10. (Good only at the Batavia location.)

SOLD OUT

The Jerome Center at 16 Bank St. in Downtown Batavia is being evacuated due to the smell of smoke in the building. Several electrical circuit breakers have blown, according to maintenance workers in the basement. City fire is responding.

UPDATE 2:17 p.m.: The scene is turned over to the building maintenance workers and National Gird. The city assignment is back in service.

On New Year's Day, 26 lucky young ladies will ring in the new year in the Outback -- that is, in the stadium at the Outback Bowl half-time show in Tampa, Florida.

All 26 girls, ages 8 to 18, are students at Suzanne's School of Dance at 33 Center St. in Batavia. Most are from Genesee County, though there are a couple from Monroe County as well.

Sponsored by Outback Steakhouse and always held on January 1, the Outback Bowl is an annual, nationally broadcast college football game featuring teams from the Southeastern and Big Ten Conferences. The 26 dancers from Suzanne's will be representing Genesee County and Western New York in a performance featuring around 500 youth from all over the United States.

If this is an exciting opportunity, it is also going to be a test of skill and focus. The girls will spend a week in Tampa leading up to the big game, and their schedule will be packed with daily rehearsals to coordinate their choreography with the other 500 dancers.

Each participant faces a cost of about $1,300 for room and board, so the group is asking individuals and businesses in Genesee County to help offset the expense. Various fundraisers will take place over the next several months, and private donations are welcome as well.

According to Jennifer Vislay, the mother of one of the participants, the girls were selected as a result of an audition video that they wanted to do as a group rather than individually.

"They do everything as a team," Vislay said. "The older girls help the younger girls...it's just a very team-oriented project."

The first fundraiser will be a chicken barbeque this Sunday. It it set to start at 11 a.m. in the parking lot across the street from the studio, and will continue until sold out. A bake sale, basket raffle and 50/50 raffle will be included.

For more information, call Vislay at 737-5314.

The 26 dancers are, in alphabetical order by first name, Alexis Vasciannie, Allison Kropf, Alynn Franclemont, Amber Fitzsimmons, Ashley Johnson, Ashlyn Puccio, Aubrey Puccio, Cianna Kusmierski, Elizabeth Barcomb, Ella Bridges, Emilee Schroeder, Emily Thompson, Emily Verdaasdonk, Emma Richardson, Gyna Gibson, Haley Sweet, Kali Markek, Katie Raziano, Kendall Senko, Lily Senko, Maddie Phillips, Megan Currier, Micheala Misiti, Mikey Lullo, Mollie Heale, Rylei Odessa and Sarah Whitehead.

Photo taken by Jennifer Vislay

A former tennant of 113 Jackson St., Batavia, has been charged with theft of services for allegedly using an extension cord to provide power to his apartment.

The use of the cord was one of the alleged code violations the city cited to condemn the four-unit complex.

Property owner Guy Pellegrino told The Batavian on April 5 that things sounded a lot worse than they were with the building and he already had restoration projects under way. This morning, Pellegrino confirmed work is continuing on the building.

Arrested was Lonnie Ford Jr., 68, now a resident of Tracy Avenue, Batavia. Ford was issued an appearance ticket.

The electricity issue, like other issues, were easy to address, Pellegrino said, but the biggest area of concern for the 180-year-old one-time mansion was bowing of the south wall.

A structural engineer has determined that the building can be made structurally sound again through the use of a turn-buckle system. That would involve running cables through the building and installing buckles on the outside of the brick facade to secure the cables.

The process was frequently used with old masonary buildings in California after earthquake standards were introduced in the 1930s.

The buckles will be on the outside of the building, which means the city's Historic Preservation Commission must approve the design change.

Pellegrino said the commission will review his application May 28. Assuming it's approved, the buckling work will begin the next day.

We published photos of Whiskey 7 over the weekend from its refueling stop at the Genesee County Airport and shared that the plane is leaving today for France to take part of D-Day anniversary ceremonies.

This morning, The New York Times published a lengthy story about the plane and the historic trip.

The five-person, all-volunteer aircrew is packing life rafts, survival suits and other safety gear in the event of emergency. “There will be five of us onboard,” said Mike Lindsay, the crew chief, “and five parachutes.”

The farthest the Whiskey 7 has flown recently is to Wisconsin for an air show. But Mr. Lindsay and his fellow airmen say they are confident, even if the men they intend to honor are a little less so.

“I think it’s kind of nuts,” said Richard Ladd, 89, a local Veterans of Foreign Wars member who jumped out of a similar C-47 on D-Day as part of the 101st Airborne. “They’ve got more guts than we have.”

The Daily Beast: McCain: Send U.S. Special Forces to Rescue Nigerian Girls

Great and great-great nieces and nephews of Gabriel De Fabbio were at the Holland Land Office Museum this evening for a ceremony honoring De Fabbio and Paulo Busti.

De Fabbio was a resident of 38 Center St., Batavia, when he joined the Marines. He was killed in Vera Cruz during the Mexican-American War in 1914. One hundred years ago today De Fabbio was buried at the St. Joseph Cemetery in a huge public ceremony, the largest funeral in Batavia history (see the front page of the Buffalo Evening News from 1914 for photo depicting Downtown Batavia on that day).

Pictured are Joan Tresco, Kailyn Tresco, Peppi Palmer, Paul Tresco and Kay Emanuel.

A wreath was placed in front of the marker, erected in 1915, in the side yard of HLOM honoring De Fabbio, by Michelle Fuller, Jeff Donahue and Barb Toal. Assemblyman Steve Hawley presented a resolution honoring De Fabbio. HLOM board VP Garth Swanson gave a presentation on the life and military service of De Fabbio.

Paulo Busti was the principal agent of the Holland Land Office starting in 1800 and gave Batavia its name.

Frank Penepento played horn accompaniment just outside the museum while Anne Marie Starowitz inside read the lyrics to a song sung at De Fabbio's funeral.

Tom Cecere

At least 56 vendors will be on hand, including homemade crafters and retailers.

The event is open to the public with free admission. 

Food and refreshments available for purchase.

Pictured, representing the Ag Society's event organizers, Kristen Meeder.

Volunteers from throughout the county turned out today for the United Day of Caring and provided free labor for several local projects.

Above, members of the Lions Club outside Adam Miller Toy and Bicycle with the dozens of bikes they spent the day getting into working order for needy children and adults. Some of the bikes were taken in by Batavia PD after being found abandoned and never claimed and others were put out as garbage and picked up Genesee ARC. Many of the bikes will be returned to ARC clients.

Pictured, from front: John Huntzinger, Chuck Brenner, Bob Swanson, Tom Clark, Pier Chipollone, Dave Cuttia, John Roach and Van Scoy.

Denise Danzig-Rotolo at GO ART!

Ginny Tiedi at GO ART!

Tiede shows how to make a pair of pink bunnies using a bloom from a bleeding heart.

Glenn Simon at GO ART!

Eric Olson and Joe DiSalvo at Kiwanis Park.

Gilbert Mulcahy at Kiwanis Park.

Matt Gray at the community garden.

Denise Young at the basketball courts behind the Batavia Youth Bureau.

Group photo from this morning at Dwyer Stadium by Kevin Carlson of Carlson's Studio.

The National Weather Service in Buffalo has issued a severe thunderstorm warning for northwestern Genesee County along with other portions of Western New York until 6:45 p.m.

The Weather Service's Doppler radar has indicated a severe thunderstorm capable of producing quarter-size hail and damaging winds in excess of 60 mph.

This storm was located near Akron, or 11 south of Medina, and it's moving northeast at 15 mph.

This is a dangerous storm. If you are in its path, prepare immediately for damaging winds, destructive hail and deadly cloud-to-ground lightning. People outside should move to a shelter, preferably inside a strong building but away from windows.

David R. Gross, 23, was stabbed several times, according to State Police on May 11 and flown to Strong by Mercy Flight after first being transported in a private vehicle to Wyoming County Hospital.

His brother, 26-year-old Richard J. Gross, of Byron, allegedly stabbed him following an argument.

They were camping in a wooded area off of Bank Road, State Police said.

David Gross suffered a punctured and deflated lung along with multiple other injuries.

Richard Gross, pictured, was charged with first-degree assault, a Class B felony. He was arraigned in Town of Warsaw Court and jailed on $50,000 bail.