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Here's a news release sent today from Genesee Community College.

The Presidential Search Advisory Committee today named four finalist candidates for the Genesee presidency.

They are:

(1) Brent E. Betit is currently executive vice president and provost of Landmark College in Vermont. He has held various positions at Landmark since 1995. He has also owned and managed his own businesses.

Betit has a bachelor's degree in English Language and Literature from Dartmouth and an Ed.D. in Educational Leadership and Change from Fielding Graduate University in Santa Barbara, Calif. He will visit campus on Monday, March 21.

(2) Ronald G. Cantor is currently sssociate vice president and dean at Mohawk Valley Community College in Central New York where he has been since 2004. Previously he was associate dean for Liberal Arts at Jefferson Community College. He has held other positions in various institutions.

Cantor has a bachelor's degree in Business Administration from the University of New Hampshire, an M.Ed. from the University of Nebraska, and a Ph.D. in Cultural Foundations of Education/History from Syracuse University. He will visit campus on Thursday, March 24.

(3) Natalie J. Harder has been vice president of Institutional Advancement and executive director of the Patrick Henry Community College Foundation in Virginia since 2006. Previously she was executive director of the Erie Community College Foundation and was associated with the Buffalo Niagara Partnership.

She has a bachelor's degree in Economics from SUNY Buffalo, an M.S. in Public Policy and Management from Carnegie Mellon University, and a Ph.D. in Community College Leadership from Old Dominion University. She will visit campus on Tuesday, March 22.

(4) James M. Sunser is vice president for Continuing and Extended Learning at Onondaga Community College in Syracuse. Previously he was vice president of Finance at Onondaga where he has been since 1989.

He was associate bursar at Syracuse University from 1985 to 1989. Sunser has an A.A.S. from Onondaga Community College, a bachelor's degree in Communications from Syracuse University, an M.S. from SUNY Brockport, and an Ed.D. from the University of Rochester. He will visit campus on Friday, March 25.

These finalist selections mean that the search for Genesee's fourth president is nearing a close.

The new president will replace Stuart Steiner, Ed.D, who will retire at the close of the current academic year. He has served as Genesee Community College president since 1975. He arrived at Genesee prior to the opening of the college in 1967 as dean of students. He later served as dean of instruction/executive dean of the college. He is believed to be the second-longest serving community college president in the United States.

An 11-member Presidential Search Advisory Committee conducted a national search last fall that produced a roster of 42 prospective candidates for the position. After reviewing the qualifications and experience of the candidates, the committee identified 13 candidates for intensive review, including detailed reference checks. The committee then conducted confidential interviews with eight of the candidates, from which the four finalists emerged.

Members of the Presidential Search Advisory Committee include: Diane D. Torcello, secretary of the Genesee Community College Board of Trustees and search committee chair; Michael A. Crittenden, professor of Physics; Norbert J. Fuest, human resources manager, Morton International, Inc.; Norman R. Gayford, professor of English; Ada K. Grabowski, retired superintendent of schools, Albion Central School District; Laurie J. Miller, trustee; Glenn R. Morton, trustee; Lori A. Mould, student trustee; Michael S. Stoll, associate vice president for Academic Affairs/dean of Math, Science and Career Education; Raymond J. Strzelecki, building maintenance supervisor; and Charles N. Zambito, Genesee County attorney.

Ex-officio (non-voting) members include Robert J. Bausch, Genesee County legislator and liaison to the board of trustees and Charles R. Ruffino, chair of the board of trustees. Aimee Bernstein and Denise Bukovan of the State University of New York assisted the search committee.

When the four finalists visit the college the week of March 21, each candidate spending a full day on campus, meeting faculty, staff, community residents and members of the board of trustees. The board of trustees hopes to name Genesee's fourth president shortly after the visits.

Search committee Chair Torcello said the committee was pleased by the number and quality of candidates for the position.

"We searched across the nation to identify candidates we believe will best embrace the traditions and values of Genesee Community College," she said. "We believe that our four finalists represent the top tier of emerging community college leaders in the United States, and we believe that each of these four candidates would be an outstanding president.

"We believe our next president will build on Dr. Steiner's extraordinary legacy, and lead Genesee Community College in meeting the new and exciting challenges of the decades ahead."

While out on South Main Road, Batavia, this morning, I spotted a mom with her foal at the stables out that way.

Wade D. Godlove, 47, of 5733 Horseshoe Lake Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident and moving from lane unsafely. Godlove was allegedly observed by Deputy Howard Carlson at 1:44 a.m., Friday, driving through the front yards of houses on Seven Springs Road, knocking down mailboxes, a street sign and a fire hydrant. Godlove's car eventually returned to the roadway, according to Carlson's report, and continued on Seven Springs to Route 5. Godlove was stopped by Carlson on Route 5 near Fargo Road.

Bernard Lee  Evans, 40, of 12 Myrtle St., Le Roy, is charged with grand larceny. Evans is accused of stealing a car from a person he knew. The vehicle was recovered. Evans was jailed on $1,000 bail.

Jodi Mae Coe, 35, of Batavia-Oakfield Townline Road, Batavia, is charged with criminal possession of stolen property, 5th. Coe is accused of pawning stolen property at the Pawn King on Veterans Memorial Drive.

Javier Eduardo Ocana-Reyes, 30, no address listed, is charged with illegal entry. Ocana-Reyes was turned over to the U.S. Border Patrol.

Estaban Mata Martinez, 30, no address lsited, is charged with illegal entry. Martinez was turned over to the U.S. Border Patrol.

Theodore P. Boylan, 18, of 32 Elm St. Le Roy, is charged with criminal nuisance, 2nd. Boylan is accused of hosting an underage drinking party Saturday at his residence.

David Tran, center, was named Town of Batavia's Firefighter of the Year at the fire department's annual awards and officer installation banquet Saturday night at the fire hall on Lewiston Road.

Left is Robert Hunt, outgoing chief, and right is Randy McIntire, the new chief.

Colleen McIntire received the President's Award.

In 2010, the department responded to 289 alarms. The top five responders were Robert Mullen (208), Nate Fix (195), Dave Tran (191), Joe Avino (176) and Ben Fisher (158).

Published pictures are available for purchase by clicking here.

More pictures after the jump:

Steve Mullen, 20-year member of the department and sergeant in the Genesee County Sheriff's Office, was master of ceremonies.

Assemblyman Steve Hawley swore in the 2011 officers.

Charter Member Earl Dorman was honored for his 63 years of service and support of the department.

Robert Tripp receives a corporate award from VP Steve Coburn.

Baseball, believe it or not, is just around the corner, and right on schedule, the booster club for the Batavia Muckdogs hosted its annual hot stove dinner and auction at the Batavia Party House.

More than 200 people were on hand for dinner and both a silent auction and a live auction with auctioneer Todd Jantzi of Bontrager's (below).

The booster club presented a donation to the Michael Napoleone Foundation. Above, accepting the check from Shirley Fanara, right, are Laurie Napoleone, center, and Ann Marie Suttell, president of the foundation.

More pictures after the jump:

Travis Sick, Muckdogs general manager.

Brian Paris, president of the ownership group.

"Have a Heart, Save a Heart” benefit for Bridget (Vogt) Lynch will be held from 6 p.m. to midnight today at Batavia Downs, 8315 Park Road, Batavia.

There will be a chicken barbecue, Chinese auction, raffles and live music from Red Creek, Savage Cabbage and Damaged.

Tickets are $20 and include $5 of free play at the Downs.

BOCES' Health Dimensions will calculate your blood pressure for a $1 donation and $5 haircuts from cosmetology students are also available.

Bridget was born with Hypoplastic Left Heart Syndrome. She has had two open heart surgeries so far, one at 7 days old and the other at 5 months old.

She's now 4 and will be undergoing her third, and hopefully last, surgery around this month or next. All benefit proceeds will be be used to help cover the expenses of Bridget’s care.

To make donations, questions or to buy tickets, call Chelsey (Lynch) Mills at  297-4768 or email Chelsey_1026@yahoo.com or call  A. Morelli at 813-1476.

Raymond Gandolfo, 38, of Massachusetts Street, Buffalo, is charged with three counts of identity theft, three counts of forgery, criminal possession of stolen property, 4th, and grand larceny, 4th. Gandolfo is accused of using a stolen credit card between 10:13 a.m. and 10:35 a.m., Sept. 25, to purchase merchandise at three separate stores on Veterans Memorial Drive, Batavia. The total value exceeded $1,000.Gandolfo was arraigned in Town of Batavia Court and returned to the Erie County Holding Center without bail.

Francis N. Shiltz, 69, of Alleghany Road, Strykerville, is charged with DWI, driving with a BAC of .08 or greater and unsafe backing. Shiltz was allegedly involved in a two-car property damage accident at 6:49 p.m., Thursday, at the Rez Smokeshop.

Arturo Vasquez-Armas, 41, of 2336 Judge Road, Oakfield, is charged with offering a false instrument for filing,1st, and criminal possession of a forged instrument, 3rd. Vasquez-Armas allegedly possessed a forged Social Security card while attempting to obtain a NYS non-driver ID at the Genesee County DMV office. Vasquez-Armas was jailed without bail.

Timothy Alan Duboy, 19, of Wethersfield Road, Warsaw, is charged with forcible touching. Duboy is accused of forcibly touching the intimate parts of another person. The alleged incident occurred at College Village on Jan. 25.

The local sports world and many members of the Genesee County community mourn today after hearing of the unexpected passing of popular sportswriter, Brian Hillabush.

Hillabush, who spent nearly a decade at Batavia Daily News and some time at The Batavian, was found dead in his home Wednesday evening. No cause of death has been determined.

"I'm very shocked to hear about Brian and we will all certainly miss him," says Batavia Daily News managing editor Mark Graczyk. "He did great job as sports writer here. He always cared about people that he covered and will be missed by the people in the community.

"Brian loved and lived for sports, with his favorite teams being Duke, Yankees, and the Colts," said his girlfriend Aline Alibe Santos. "He loved his nephews and his family and had future plans to get married."

Hillabush had been attending Genesee Community College and was majoring in travel and tourism. 

"He was an energetic, well-liked student. You could tell from his days at the paper that he was interested in learning about the facts and finding out as much as he could about topics he liked." says GCC instructor Amy Slusser. "He took interest in local geography and hometown destinations and wanted to promote Batavia as a tourism destination."

Hillabush was well known for spending hours each week at sporting events and had a strong following in high school sports.

"He was very good at his job," says Batavia hockey coach Paul Pedersen. "He went the extra mile to cover the high school sports and was very passionate about the ones in the area, being that he was a local kid himself.

"He would go every day, game to game, and that was his life. It was awesome and the articles showed the time he put into each one of them. (Our) team went to states in 2002-2003 and he followed us to all the games that were way out of town. Him and (Mark) Gutman were stapled to us. Not every reporter does that. It was nice and made the kids feel special."

"Brian was passionate about how he represented, reported and worked with the local sports," stated Notre Dame Football coach and longtime friend Rick Mancuso. "He loved the kids he interacted with and he loved what he did.

"His passion was what set him apart from other people. He really was an advocate for high school sports.He worked very hard in everything he did and had a vision for how high school reporting should be."

Brian's work was appreciated by many and he was one of the few reporters that went out of his way to cover cheerleading as well.

"The first person to always cover our acomplishments was Brian," says former Batavia cheerleading captain Jamie Turman. "As a cheerleader it wasn't often that you would be in the limelight, but Brian always made our winnings known to our community.

"He understood that even though we were cheerleaders, we were proud of what we had done and what we had acomplished. He was amazing in the sense that he made all althelets feel great about what they had done no matter how big or small. He even took the time to talk to us and to learn about cheerleading to try and put himself in our shoes."

Hillabush's vision for high school sports started with a focus on the Genesee Region but quickly expanded to all of Section V. He played a major role in the lauch of SectionVTalksback.com, which is an online high school sports forum that allows athletes from all over the section to interact and chat about their sports.

"He had a great vision in kicking off probably one of the most succesful high school sports sites that exists in SectionVTalksback. He really did a great job at what he did. He will be missed by many," added Mancuso.

Friends may call on Sunday from 3 to 6 p.m. at H.E. Turner & Co. Funeral Home, 403 E. Main St., Batavia, where services will follow at 6 p.m. In lieu of flowers, memorials may be made to the family. Burial will be in Grand View Cemetery, Batavia.

There were no injuries in a two-car accident at Main and Swan streets at approximately 1:50 p.m.

Batavia police and fire departments responded.

Traffic going eastbound was slowed for about 15 minutes.

In separate investigations, the Local Drug Enforcement Task Force announced the arrest of three Batavia residents allegedly involved in drugs.

Accused of dealing cocaine is Juan A. Roman, 33, of Walnut Street.

Roman allegedly sold a quantity of cocaine to an undercover agent.

An arrest was made Tuesday by task force members and Batavia police officers after Roman was seen walking on Main Street.

He is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Following his arraignment before Judge Robert C. Noonan, Roman was jailed without bail.

Arrested on Monday were Nicholas A. Pleace, 24, of Pratt Road and Suzan M. Fincher, 51, of Pratt Road.

Pleace and Fincher are accused of growing 19 marijuana plants at their residence on Pratt Road. They were also allegedly found in possession of cocaine and oxycodone.

The were both charged with criminal possession of marijuana, 2nd, and criminal possession of a controlled substance, 7th.

The pair were released under the supervision of Genesee Justice following an arraignment in front of Justice Mike Cleveland, Town of Batavia Court.

Brian Hillabush, who spent nearly a decade at  Batavia Daily News building a reputation as a solid sportswriter who cared about the players he covered, was found dead at his home in Batavia this evening.

He was 33.

No cause of death has been determined, according to Sgt. John Peck of the Batavia Police Department.

The coroner referred the case to the Monroe County Medical Examiner for an autopsy.

There was no evidence of foul play nor anything suspecious about his death, Peck said.

Hillabush joined the staff of The Batavian in September 2008 and was sports editor until February 2009 when the original owner of The Batavian, GateHouse Media, ended its association with the site and laid off Hillabush.

Brian had been attending Genesee Community College.

In the past hour or so dozens of messages of condolence have appeared on the wall of Hilly's Facebook page.

The Amputee Treatment Center in Batavia is holding a mural contest open to all Genesee County high school students. The theme is "Salute to All Veterans." The deadline for submission is June 1.

The winning artwork will be transferred onto the center's exterior west wall this summer.

Previously, that wall featured featured a two-story mural but now it's a blank slate awaiting a new mural. Imagine your artwork on display for the whole town to see!

The winner will also receive $250.

Submit artwork either by mail to the address below, or e-mail a scanned copy, with the subject line Mural Contest to:

lee.ann.patterson@hotmail.com

Amputee Treatment Center
8388 Lewiston Road
Batavia, NY  14020

Questions? E-mail Lee Ann Patterson at the above e-mail address or phone 343-4154.

All along the process, the city's 2011/12 budget had its detractors, from the 1.4-percent property tax increase to the $13 per household water and sewer rate increase and its creation of an economic development position.

But in the end, there were only two no votes among the nine Batavia City Council members as the budget passed muster Tuesday night.

"Batavia is in pretty good shape," said Councilman Frank Ferrando. "That took a lot of work the past three or four years. We've made cuts, we did away with the ambulance service, we did some things that weren't too easy and worked ourselves into a position from where I thought we could go bankrupt or 'where are we going to get the money?' to where we are today. This budget keeps that going. I think this is a sound budget."

Council members Sam Barone and Rose Mary Christian both voted "no."

The biggest objection raised by council members -- and by John Roach (top inset), the only citizen to speak to the budget -- was the creation of an economic development position.

The position will be funded by $10,000 from the city and money from the revolving loan grant fund.

"Nobody (from the GCEDC or BID) has come forward to say they want this position," said Councilwoman Kathy Briggs (bottom inset). "I question whether we can even use the revolving loan money. What did the original grant say about what percentage of the money can be used for administration? I think we need to put this on hold until some future time -- strike it out of the budget."

Councilman Bill Cox said at a time when the city's young people are moving elsewhere for jobs, and none of the critics of the plan have offered a better alternative for creating economic opportunity in the city, he supports creation of the position.

"We need take action," Cox said. "We need to take a step forward if we don’t take action on this we’re going to lose another year and we're going to go down even further. This is the only thing anybody has recommended that makes sense and is doable."

Councilman Bob Bialkowski raised concerns about increasing taxes at a time of economic distress. Bialkowski pointed to the situation in the Middle East and rising oil prices, rising grocery prices, and said -- along with the lack of cost-of-living adjustments for seniors on fixed incomes -- a tax increase is going to hit many people pretty hard.

Barone suggested there was still fat to be trimmed from the $22 million spending plan.

"I still think there are places we can cut," Barone said. "It's only 1.4 percent, but the economy is still in bad shape."

The tax hike amounts to about $70,000 in additional revenue for the city.

Stephanie Lynn Corke, 29, of Root Road, Albion, is charged with petit larceny. Corke is accused of taking possession of a dog owned by another person and making no effort to find the owner or return the dog.

Nicholas Aaron Doxey, 25, of Niagara Street, Lockport, is charged with petit larceny and endangering the welfare of a child. Doxey is accused of shoplifting from Target while in the presence of his child and family members under 17 years of age.

Joseph Thomas Bortel, 39, of Knowlesville Road, Oakfield, is charged with driving while ability impaired by drugs, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and failure to keep right. Bortel was stopped at 4:49 p.m., Tuesday, in the area of 130 Bank St., Batavia, by Deputy Timothy Wescott.

After a heated meeting got confrontational, the Town of Batavia Planning Board agreed to table consideration of a proposed housing development until the next meeting on March 15. At issue, is whether to reopen the environmental review for "Gardner Estates."

Board members already approved the State Environmental Quality Review Act (SEQR), declaring the development would not negatively impact the surrounding area.

But, after a few discrepancies and minor changes to the project arose, Planning Board Chair Kathleen Jasinski invited the applicant, Frank Andolino, president of Nathanial Development, to come to the meeting to clarify a few points.

Instead, Andolino sent his attorney, James Bonsignore, of Fix Spindelman Brovitz & Goldman.

"I'm very disappointed," said Jasinski to Bonsignore as he sat down before the board.

"Not disappointed that you're here, but that he (Andolino) isn't."

It was clear throughout the meeting that most board members had an uneasy sense about the proposed Gardner Estates project. The newest proposal from the applicant is to build single-family homes off Clinton Street Road. Previous proposals included plans for apartments and/or duplex housing.

Board members basically told Bonsignore that they felt a little swindled when it came to two issues. (A) Planning for a cul-de-sac versus a road to connect with Clinton Street Road, and (B) the developer's funding sources.

Board members want to see what the state Department of Transportation has to say about the road options, so Tuesday evening focused on funding.

Most members of the board agree that they have asked many times in the past if the developer planned to use conventional or public funds. The latter would only be granted if low-income housing were part of the plans, hence their concern about the source of funding.

At past meetings, they were led to believe that public funds would not be used to finance the project.

"Whether or not this project is publicly funded has absolutely nothing to do with whether or not this application meets the zoning requirements for the division of land," Bonsignore said.

He acknowledged the question had been asked repeatedly but would not characterize the answers given. He claimed that at all times the question was "improper," and answers were "for informational purposes only."

A board member pointed out that they weren't called "improper" at the time and the replies indicated the project would use conventional funding.

Bonsignore told them "You can't reopen SEQR because you having second thoughts or you're regretting the determination...We said we intend to pursue conventional funding but we absolutely did not exclude the possibility of public funding.

"We never misrepresented anything. This is not a trial, and if this is how we are going to be questioned I am going to leave."

One board member cited two problems he had with public funds being used to build Gardner Estates. Chiefly, there's already an overload of public housing in the area. Secondly, the funds should not be "wasted" on building public housing in a community that already has plenty of it.

When the board agreed to table the issue, polite apologies were exchanged but there seemed to be a lingering distrust of the mysterious developer (who no one on the board has ever met or spoken with) and his intentions.

Board Member Lou Paganello said he has repeatedly tried to get information about the company and has come up with nothing but a Web site.

"I wasn't given any information about the company at all -- not just for the financing but for the reputable company that supposedly it is," Paganello said. "When you're talking about a project that concerns a town, you would think that you could come up with some information or a call or a letter and nothing happened. Nothing at all."

One of the bidders who won a residence in the city's tax lien auction appeared at Monday's city council meeting and accused the city of violating the terms of the purchase contract.

Daniel Lang's father is actually listed as the winning bidder on 20 Franklin St., but Lang said he was planning to pay for the house and move in with his family.

However, he said, the city failed to honor its purchase contract with him by not closing the deal within 30 days of the Jan. 29 auction.

"We want to pull out of the contract and have our $10,000 deposit refunded," Lang said. "The contract is no longer valid."

City Attorney George Van Nest demurred.

It would be inaccurate, Van Nest said, to say the contract was no longer valid or that the 30 day period had been violated because the purchase cannot be approved until the council has a chance to meet and review the purchase.

"This is the next opportunity for the council to act on real property sales," Van Nest said. "To the extent that the council does move forward, the purchase can be finalized."

The winning bid was $36,000.

As Van Nest spoke, Lang and his father were nearly coming out of their chairs wanting to speak again, but under meeting rules, their time to speak was over.

The contract reads:

TERMS OF THE AUCTION: The property is sold subject to confirmation and approval by the City Council of the City of Batavia within thirty days (30) days hereof.

After a closed session to discuss the real estate transaction, the council voted to approve the sale.

After the meeting Lang, who moved back to Batavia recently from South Carolina, said he and his wife, along with their children, have been living with his parents.  With the sale now approved, he said he doesn't know what he's going to do, whether to insist the contract was voided by the lack of action for 30 days, or just accept the approved sale.

He said he and his wife just want to get into their own house as soon as possible.

"We just want to get back to being a normal family again," Lang said.

In all, the council approved the auction purchase of four properties, including 507 Ellicott St., which was won by a company owned by Jeremy Yasses.

Council members Sam Barone and Bob Bialkowski objected to the sale of the property to Yasses, but a motion by Bialkowski to consider the property separately from the other purchases was defeated on a 7-2 vote.

Diana Page was approved to purchase 308 Washington Ave. for $1,800 as well as 48 Riverview Parkway for $100. Tom Englerth was approved for purchase of 21 South Lyon St.

In the city report on past landowner code violations, Englerth was allegedly cited for putting on a roof without a permit. He did eventually get a permit, according to the report.

That alleged violation came on 9 Willow Ave., the same property Englerth was able to purchase after a bid from local landlord Michael Pullinzi was rejected last year by the council for allegedly having too many code violations on his existing properties.

Jeremy Yasses has plans to make 507 Ellicott St. beautiful again, but first he needs the Batavia City Council to approve his purchase of the property.

In the city's annual tax lien auction, Yasses bid on the property and won it for $5,000 under the corporate name Trine Properties, Inc.

But last year the council set a precedent by denying Michael Pullinzi the ability to buy 9 Willow St.,saying Pullinzi was a landlord with too many alleged code violations against his properties.

Once again, council members are receiving a memo from city staff on the number and types of alleged violations against this year's auction winners, and Yasses tops the list with 11 alleged violations.

All of the violations have been corrected, according to the report.

The violations are on properties Yasses or his wife own and are rental properties.

Today, Yasses noted that it was Trine Properties, Inc. that bought 507 Ellicott St., not Jeremy Yasses. Yasses said he's just an officer in the company and there are investors that back Trine.

Trine does not want to buy the Ellicott Street residence in order to turn it into a rental. The intention, Yasses said, is to rehabilitate it and sell it.

To help make his case, Yasses sent a letter to the city -- included in the council agenda package -- outlining his plans for the property and including before and after pictures of properties his company has previously rehabilitated.

Yasses says he wants to get out of the rental business -- if only he could sell his current properties -- and just deal in rehab projects.

He has been involved in rehabilitating about a dozen properties in Genesee and Orleans counties over the past two years. He's just about to sell a place in Alabama that after rehab has increased in assessed value by $20,000.

"I want to make the house beautiful and improve the neighborhood," Yasses said. "I think that's what the council is after. It would be a positive for the city."

Previously:

• Landlord who was denied auction property defends his record
• Council's auction vote got the attention of landlords, but not necessarily in a good way

Chris Charvella can start attending Genesee County Legislature meetings again.

Town of Batavia Justice Mike Cleveland today adjusted the order of protection barring him from showing up at the place of business of Legislator Jay Grasso.

Grasso has accused Charvella of harassing him for leaving a message on his home phone that said, "Thanks for reading my blog."

Charvella is charged with harassment, 2nd. Under the statute, he is accused of making a phone call with no legitimate purpose.

Along with attorney E. Robert Fussell, Charvella, a Democratic committee member, appeared in Town of Batavia Court today for a status hearing.

Fussell indicated he is preparing motions to challenge the constitutionality of the charge, but the only request today was to change the order of protection issued in Town of Le Roy Court when Charvella was first arrested. The order prohibits Charvella from having any contact with Grasso.

"It's certainly has been my practice to attend meetings of the legislature," said Charvella, who ran for a seat on the county board in 2009. "That's a practice I would like to continue."

Assistant District Attorney Melissa Cianfrini object to the change in the order, saying that Charvella was offered a plea deal that would have altered the court order and given Charvella a conditional discharge of the case.* Since Charvella turned down that offer and the case may go to trial, Cianfrini said, Charvella should be kept away in all circumstances from Grasso, since Grasso is both the alleged vicitm and a potential witness in any trial.

(UPDATE: Cianfrini called to clarify: Charvella was offered an adjournament in contemplation of dismissal, meaning the case would be dismissed with no record (all court records would be sealed) if Charvella stayed out of trouble for six months).

Grasso, a Republican, is Le Roy's elected representative on the legislature.

Outside of court, Fussell wouldn't confirm that he and his client intend to take the case to trial. He would only say, "I'm preparing motions." He said the motions would be based on constitutional issues.

During the hearing today, Fussell gave some indication of what those arguments will be, telling Cleveland, "If a politician doesn't like what a constituent has to say, it would be very, very chilling (to block meeting attendance). He (Charvella) should be allowed to attend these things."

Those motions must be filed by April 15 and Charvella's next court appearance was set for 4:30 p.m., May 23.

For previous coverage of the Chris Charvella and Jay Grasso case, click here.