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For the second time in less than 13 months, the Ricigliano family is looking for a place to live and trying to figure how how to replace all of their belongings.

On Wednesday night, they were burned out of their apartment at 20 Vine St., Batavia.

The suspected cause and origin of the fire has yet to be released by the Batavia Fire Department.

A year ago, Nick and Melissa were living 132 State St., where a woman died after reportedly starting a fire by smoking too close to her oxygen tank.

"My son’s birthday is Feb. 7," Melissa Ricigliano said. "Last year, two days after his birthday, he lost everything. This year, two weeks after his birthday, he loses everything."

Both Melissa and Nick work (at Sunny's restaurant and McDonald's), but after spending the past year replacing all of their belongings, money is tight and they can't afford the expense of a new rental.

After the State Street fire, they knew they needed to get renters' insurance and started the process but hadn't yet signed the paperwork.

Meanwhile, they lost all of their clothes, a new couch, TV and Xbox.

"It took almost a whole year to buy all of our stuff back and now it’s all gone again," Melissa said.

Melissa said she's been disappointed in the response she's gotten from the American Red Cross. On Wednesday, Ricigliano was given $300 and told to come back the next day.

The next day, the woman she talked to said, "What are you doing here?" The woman said there was no more assistance available. When Melissa said, "I'm homeless and we need food," she was told she should have used the $300 for food.

The $300, Melissa said, went for two sets of clothes for each member of the family, toothpaste and toothbrushes.

Judy Nagel at the Genesee Region Red Cross said the available money for fire victims is tightly regulated by the national headquarters. Each victim, she said, is given a debit card and a form that says, "spend X amount on clothing and X amount on food."

"It's all put into a computer and there's a formula based on policies set by headquarters," Nagel said. "The computer creates the debit card. We're not able to do more than that. We don't have any control over the amount (of assistance)."

Nick and Melissa are currently staying with friends. Their children, Dominic, 6, and Martha, 3, are with family in Chili. Melissa also said the people at John Kennedy School and New Hope Church have been trying to help, as well as several others in the community.

Her sister is working on organizing a fundraiser at a town fire hall, but no date has been set yet.

Melissa said she has a message for any potential landlords: "You might want to put out there that I am a good tenant and I don’t have a curse.”

A serious accident involving a tractor-trailer and another vehicle on the Thruway is reported. There are believed to be multiple injuries.

The location is eastbound at mile marker 387.3. It's nearest to the Byron Road Bridge.

Town of Batavia Fire Department is called to respond along with Mercy EMS.

UPDATE 11:47 a.m.: Oakfield Fire is requested to standby in the Town of Batavia's hall.

There is a report of smoke in the basement of a house at 210 Osterhout Ave., Batavia.

City fire dispatched.

UPDATE: Never heard any more on this and when I went by about 30 minutes after the initial call, the fire department had cleared.

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A 16-year-old resident of Sparks Road, Pavilion, is charged with petit larceny. The youth is accused of shoplifting from Kmart on Tuesday.

A 17-year-old resident of Wyoming Road, Wyoming, is charged with petit larceny. The youth is accused of shoplifting from Kmart on Tuesday.

A 17-year-old resident of Black Street Road, Le Roy, is charged with unlawful possession of marijuana. K-9 "Pharoah," handled by Deputy Brian Thompson, alerted on a car parked in the East Park Street area of Pavilion. After an interview with the driver, Thompson allegedly found a small quantity of suspected marijuana and three pipes with suspected marijuana residue.

The cause of a rollover accident on Clinton Street Road yesterday evening remains under investigation.

The driver was taken to Strong Memorial Hospital by Mercy Flight with non-life threatening injuries.

No citations have been issued.

Jody B. Gillette, 50, of Pine Hollow Drive, Batavia, was driving a 1993 Chrysler sedan east on Route 33 when he lost control of his car for an unknown reason. The car left the roadway, struck a sewer pipe and overturned coming to rest on its roof.

Town of Batavia fire, State Troopers, Sheriff's deputies and Mercy EMS responded to the 6:32 p.m. accident near Terry Hills.

The accident is being investigated by Deputy Cory Mower.

(Initial Report)

A Rochester man was arrested for allegedly possessing brass knuckles Wednesday after getting involved in a one-car, non-injury accident on Park Road.

Charged with criminal possession of a weapon, 4th, was Joseph Samuel Caiazza, 32, of Elmwood Avenue, Rochester.

Caiazza said he was pulling out of the parking lot of the Best Western Hotel at 10:38 a.m. when his phone rang. When he went to answer it, he struck a utility pole.

Caiazza also received citations for alleged failure to maintain lane and alleged equipment violations.

The accident was investigated by Deputy Chris Parker.

A rollover accident, with unknown injuries, is reported in the area of 5007 Clinton St. Road in the Town of Batavia.

Town of Batavia Fire Department and Mercy EMS are responding.

The vehicle is on its roof and two people are the driver is trapped inside. Extraction equipment will be needed. Gas is leaking from the vehicle.

UPDATE 6:39 p.m.: Mercy Flight is called and will be flying in. A landing zone will be established.

UPDATE 6:50 p.m.: Mercy Flight is preparing to land in the parking lot at Terry Hills Golf Course.

UPDATE 7 p.m.: The victims have has been extricated.

UPDATE 7:25 p.m.: Mercy Flight is headed to Strong Memorial Hospital with a male patient who is alert.

UPDATE 7:30 p.m.: The scene is cleaned up and all units are back in service.

A structure fire is reported at 20 Vine St. in the City of Batavia. City firefighters are on scene and the second and fourth platoons have been called in. Mercy EMS is going to scene in case needed.

UPDATE 6:26 p.m.: A fire chief has asked that police officers shut the street to traffic. Three rooms have been engulfed with flames at this point. National Grid and National Fuel are being contacted to shut off power to the structure.

UPDATE 6:29 p.m.: A firefighter says the second floor is full of smoke but there are no visible flames.

UPDATE 6:43 p.m.: Three rear windows upstairs have been opened, providing ventilation. The structure consists of two apartments. A young woman lives upstairs and Nick Ricigliano and his wife and toddler live downstairs. They are all out and safe. Ricigliano said he was burned out of his home last year, too. His family lived in an apartment on State Street in the city, in the same building where a woman died in a fire caused by her smoking cigarettes near her oxygen tank.

UPDATE 7:03 p.m.: A chief reports that the building housed a total of seven people. He asked that the American Red Cross be contacted and come to the scene to help those displaced by the fire.

UPDATE 7:15 p.m.: Firefighters are checking for hot spots in cavities of the building.

UPDATE 7:28 p.m.: A city inspector is called to the scene and "someone who boards up buildings."

UPDATE 7:37 p.m.: The fire is out and crews are cleaning up.

UPDATE 7:55 p.m.: The fire chief asks for the water department to shut off service to the building.

PHOTOS: Top photo by Frank Capuano.

A former Batavia resident, already serving up to seven years for second-degree rape and sexual abuse, will spend five more years in prison for raping another young victim, Judge Robert C. Noonan ruled today.

Philip Kroft, 23, admitted to rape, 2nd, in November as part of a plea deal that would cap his possible sentence at five years.

Noonan gave Kroft the five years, but denied a request by defense attorney Fred Rarick that Kroft's sentence be consecutive concurrent with the time he's already serving.

Rarick said that Kroft has completed his GED while in prison and also earned a welding certificate.

"Adding an additional five years I don’t think is necessary, may be considered harsh and excessive punishment," Rarick said. "He regrets what he’s done in the past and he’s looking forward to his future."

Kroft's 14-year-old victim gave birth to a child and Kroft would like to be involved in the child's life, according to his attorney.

At the time of the rape, Kroft was 21.

The crime occurred around the time of his previous arrest in 2008, which resulted in a conviction for rape, 2nd, sexual abuse, 1st, criminal possession of a weapon, 3rd, and conspiracy, 4th.

Kroft was eligible for parole on those convictions in 2015.

When asked for a statement, Kroft said he does know he made mistakes and he is trying to turn his life around. He said he has also enrolled for some college courses.

If the second rape had come to light during proceedings on the original charge, perhaps the crime would have been wrapped into the sentence with the first. That's what Rarick suggested to Noonan, who replied that the opposite could also be true.

"It would be an equally good argument that had both charges come before me, I would have given him four or five more years based on him victimizing yet another young girl," the judge said. 

Kroft is serving his sentence in Elmira Correctional Facility.

Darik Robert Michael Orbaker, 18, of Forest Edge Drive, Batavia, is charged with criminal contempt. Orbaker is accused of violating an order of protection.

Frank G. Frainier, 47, of Lewiston Road, Royalton, is charged with DWI, driving with a BAC of .08 or greater and improper right turn. Frainier was arrested after the Sheriff's Office received a report at 6:47 p.m., Monday, of a car off the road on Route 77, Alabama.

Ken and Andrea Mistler have made some big changes to their former coffee and smoothie shop at the corner of Main and Jackson streets.

The former Daily Grind is now Espresso Salads and Subs.

Ken Mistler said it was time to expand what the shop offered. While a prep area has been added for food service, much of the food prep -- including baking fresh sub rolls daily -- takes place at Mistler's other food establishment downtown, South Beach Restaurant.

Andrea manages day-to-day operations for the  sub and salad shop.

Subs and salads are made to order with fresh ingredients.

For the coffee and smoothie crowd, the full selection of the Daily Grind remains on the menu.

Mistler has also added free wi-fi and there are now leather chairs and couches available for customers. In the summer, Ken said, he will add outdoor seating.

The local Girl Scouts have a new home, 5 Jackson St., Batavia.

After the location the Girl Scouts occupied in City Centre was sold, the local office and retail shop was relocated to vacant retail space just about a block away.

It took about a month to get settled in, but the retail shop is now set up and the staff is ready to help local scouts and leaders.

The scouts will host an open house at its new location from 3 to 6 p.m., Monday, Feb. 28.

The grand opening will include free drawings, prizes and discounts on scouting items as well as a food drive for the Salvation Army and Batavia Agri-Business Child Development.

The shop is open from 11:30 a.m. to 4:30 p.m., Monday through Friday, with the service center opening at 8:30 a.m.

Pictured above, from left, Stephanie Burgett, customer service, Marlene Worthington, membership manager, Kathie Waika, program manager and Robin Ettinger, membership manager.

UPDATED 2:34 p.m.

A former Batavia resident is expected to soon plead guilty in a Milwaukee county court to charges that he impersonated a lawyer and committed forgery.

According to investigators in Wisconsin, Thomas J. Lyon, 28, not only represented several "clients" in legal proceedings, but also forged checks, stole money, assumed the identity of a deceased notary public and operated a prostitution ring.

According to court documents, Lyon reportedly bragged to an associate at one time that he was like Frank Abagnale Jr., the former con artist depicted by Leonardo DiCaprio in the hit movie, "Catch Me If You Can."

Besides Batavia, a public records search shows that Lyon has also apparently lived in Warsaw, where he was born, Buffalo and Hamburg.

Wisconsin court documents state that Lyon was on probation in New York and had his probation transferred to Wisconsin. According to the documents, he was previously convicted in New York of grand larceny, stalking and false imprisonment.

Lyon was arrested for allegedly issuing a bad check in Genesee County in July 2008, according to the Sheriff's Office. According to the arrest report, Lyon lived on Saltvale Road in Middlebury at the time.

In Milwaukee, Lyon is accused of assuming the legal identity of Thomas J. Lyons, a Minnesota-based attorney -- also licensed to practice law in Wisconsin -- who told investigators he hadn't appeared in a Milwaukee court in years. 

Lyon allegedly used the bar identity number of attorney Lyons to pass himself off as the attorney.

Police searched the office space reportedly rented by Lyon at 5301 W. Hampton Ave., Milwaukee, which reportedly had a sign on it saying it was the offices of "Thomas J. Lyons & Associates, Inc.," and found documents indicating Lyon had at least nine legal clients.

On at least one occasion, Lyon allegedly kept a settlement check for $3,000 that was intended for one of his clients.

Lyon also apparently set up a Web site to advertise his alleged legal services.

The documents also include quotes from court transcripts where Lyon allegedly referred to himself as an attorney and questioned witnesses as if he were an attorney.

One of Lyon's employees is also quoted in the documents saying that besides being a secretary in his office, she worked as a prostitute for him.

Though not charged with any prostitution-related crimes, the court documents say that Lyon allegedly operated an escort service called "Lacuna Limited," and that it was really a front for prostitution.

According to the documents, Lyon booked rooms at a Comfort Suites Inn in Milwaukee and set rates at $200 to $250 per hour. Lyon also allegedly hired a guard for the prostitutes. 

He allegedly recruited prostitutes by advertising for lingerie models.

Lyon allegedly collected prostitution proceeds in cash and kept computer records of the proceeds.

In all, 11 charges were originally filed against Lyon.

He is charged with two misdemeanor counts of practicing law without a license, a felony count of theft, three felony counts of unauthorized use of personal identifying information or documents, and five felony counts of forgery.

Lyon was jailed on $20,000 bail and apparently remains in custody. His attorney last appeared in court for him Jan. 28 and a court appearance date of March 3 was set for Lyon, when he is expected to plead guilty to at least some of the charges.

The terms of the plea bargain have not been released.

The forgery charges carry a maximum sentence of a $10,000 fine for each charge and six years in jail.

UPDATED 5:52 p.m.

Members of the Local Drug Enforcement Task Force reportedly observed a Batavia man selling drugs on Wednesday, and when they moved in on the suspect, he reportedly threw some crack cocaine on the sidewalk.

Task force members then obtained a search warrant for a residence in Batavia where they allegedly found five more bags of crack cocaine.

Taken into custody was Ronnie "Ace" Allen, 23.

The search warrant was executed at 6 Vine St., upper, Batavia. Allen listed his address as 42 Mountbatten St., Henrietta.

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

Allen was jailed on $25,000 bail.

Assisting in the investigation were the Sheriff's deputies and the District Attorney's Office.

Eight congressional hopefuls filed into South Beach restaurant on Sunday to explain to 21 GOP leaders from the 26th Congressional District why he or she should get the endorsement of the Republican Party in any upcoming special election.

Though no election has been called yet by Gov. Andrew Cuomo, it's widely anticipated that Cuomo will set a date for a special election to fill the seat vacated by Chris Lee after a shirtless picture of him showed up on Gawker.com.

Don Read, representing Genesee County, said GOP officials will meet tonight in Geneseo to go over the list and decide whom the party should back.

"A lot depends on our discussion," Read said. "We have a good cross section (of candidates). There's certainly a good group of candidates."

Besides Assemblywoman Jane Corwin, who is the odds-on favorite of pundits, three-time loser Jack Davis showed up for an interview, as did Genesee County residents David Bellavia and Peter O'Brien.

O'Brien is a frequent commenter on The Batavian.

Also showing an interest in the seat for the GOP are: Dr. Barry Weinstein, a former Town of Amherst councilman; Brian Napoli, from Orleans County; Gary Wehate, of Avon; and Kathy Wepner, a radio talk-show host in Buffalo.

In the weighted vote system the GOP uses to pick candidates for the congressional seat, Erie County candidates have an edge in the selection process. It only takes one Erie County vote and one Niagara County vote to outweigh the votes of Orleans, Wyoming, Genesee and Monroe counties.

Story based on reporting by WBTA's Dan Fischer.

Scott C. Brown, 22, of 11 Wood St., Batavia, John C. Schurr Jr., 26, of 382 Garden Drive, Batavia, and Ashley M. Younke, 31, of 212 Trumbull Parkway, Batavia, are all charged with petit larceny and theft of services. The trio allegedly left Sport of Kings restaurant at 3:30 a.m., Sunday, without paying for food they ordered. They also allegedly left with several pieces of flatware. Officer Frank Klimjack reportedly observed the suspects' vehicle shortly after they left the restaurant. The flatware was recovered.

Ronald J. Scroger, 30, 52 Columbia Ave., Batavia, is charged with petit larceny. He is accused of stealing clothing from Olympia Sports on Wednesday.

Eugene C. Rose, 36, of 230 Keystone St., Buffalo, is charged with criminal contempt, 2nd. Rose was taken into custody by Buffalo PD on a warrant issued by Batavia City Court for allegedly violating an order of protection. Buffalo PD turned Rose over to Batavia PD and Rose was jailed without bail. Rose reportedly has prior felony convictions.

Loralyn L. Bateman, 34, 5 Edwards St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation, 3rd. Bateman was stopped on Union Street at 1:50 a.m., Friday, by Officer Kevin DeFelice.

Marsha Jones, 56, of Wade Avenue, Buffalo, is charged with disorderly conduct. Jones was allegedly involved in an altercation at 7 p.m., Thursday, in the Genesee Community College cafeteria with the assistant manager an employee there. Jones is accused of swearing at the assistant manager employee and then pushing a cart, causing items to fall off the cart and break.

Anthony C. Timberlake, 22, of North Street, Batavia, is charged with disorderly conduct. Timberlake is accused of being involved in an argument with a customer at the college cafe at 7 p.m., Thursday. Timberlake allegedly was swearing at the customer in front of witnesses.

Calvin Pangrazio, an employee of Sloat Tires, changes a tire on a Rent-A-Center truck in the Valu Plaza.

At least two vehicles had their tires slashed in the parking lot overnight, and there are also reports of tires slashed in the parking lots of City Centre, Walmart and  Batavia Downs as well as one report on a residential street. In all, as many as 10 cars appear to have been vandalized overnight.

Officer Jay Andrews said the two Rent-a-Center trucks each had two tires slashed, making the value of the damage more than $250 on each truck. That makes the alleged crimes Class E felonies, criminal mischief, 3rd.

Anybody with information about these incidents should call either Deputy Kevin McCarthy at 345-3000, ext. 3237 or the Batavia PD at 345-6359.

UPDATE 12:38 p.m.: A Sheriff's deputy dispatched to the Target parking lot for the report of another tire slashing.

UPDATE 3:38 p.m.: An officer is sent to Bank Street Road to interview another person whose tires were slashed.

City police were dispatched about five minutes ago to the rear parking area of Blockbuster on Lewiston Road for a report of an employee's tire slashed.

Now a Sheriff's deputy is being sent to the same area (city limit is at Park Road) for more reports of slashed tires. It isn't clear from what we picked up off the scanner which parking lot this additional vandalism took place in.

UPDATE 1:49 a.m.: Apparently, the Sheriff's Office has jurisdiction on the customer parking lot on Lewiston. That is where all of the tires were slashed, including the one initially reported behind the building in employee parking.

UPDATE 1:59 a.m.: If I heard this right, now there's a report of a Jeep outside Sunny's (in the City Centre) with its tires slashed.

UPDATE 7:52 a.m.: The Sheriff's Office put out a news release confirming that the tires were slashed on three cars in the Batavia Downs parking lot on Park Road some time between 9 p.m. and 1:30 a.m. Anybody with information is asked to contact Deputy Kevin McCarthy at 345-3000, ext. 3237.

UPDATE 8:04 a.m.: An officer handling another similar incident inquired with dispatch about other reports overnight. There was another car vandalized in the city that was reported early this morning and a car break-in on Park Road.

UPDATE 9:25 a.m.: Batavia PD dispatched to Batavia Commons and Valu Plaza for more tires slashed.

Margarita's Mexican Restaurant on Jackson Street has closed.

Owner Carlos Hernandez was not available for comment today.

NOTE: If you bought a Margarita's gift certificate from The Batavian within the past 30 days, return it to us for a refund. No refunds will be issued without return of the physical gift certificate and the purchase must have been made in the past 30 days.