batavia

Citizen tips have led to the arrest of a suspect in an alleged hit-and-run accident on Richmond Avenue early Saturday morning.

David R. House, 28, of 140 Summit St., Batavia, is being charged with leaving the scene of a personal motor-vehicle accident, moving from lane unsafely and operating a vehicle without insurance.

House is accused of hitting a car that was legally parked on Richmond Avenue near VanDetta Stadium around 2:15 a.m., Saturday.

A woman who had attended an event at the stadium that evening was sleeping in the car.  She was injured in the accident.

On Monday, Batavia Police issued a statement to local media asking for information that might help investigators identify a suspect.

State Police assisted in the investigation.

Batavia's biggest day of the summer arrives tomorrow (Saturday): It's time for the annual Summer in the City, when people from all over the region join in for a day of great food, cool music and hot, classic cars.

And The Batavian will return with a booth this year handing out our free balloons, as well as selling T-shirts for $5 and a limited number of barn-picture prints for $12 (You love our barn pictures, right?).

While the annual event is taking place only on Saturday this year, it will cover a large portion of downtown, stretching from Main and Ellicott to Main and Liberty streets.

The Main Stage will be on Main Street next to the Old County Courthouse, with vendors on Court and Jefferson. Main near City Centre will contain food vendors and a kids' zone, with space set aside for classic cars on the rest of Main as well as Jackson, Bank and Center streets.

All of those streets will be closed to automobile traffic from 8 a.m. until at least 11 p.m.

The festival opens at noon and runs until 10 p.m.

Elvis impersonator Terry Buckwald and the Ghost Riders provide headline entertainment along with Nik and the Nice Guys.

Nonprofits which might want to donate to the former Cristina's Restaurant location on Ellicott Street in Batavia need to act quickly, said owner Charles Brumsted today.

He set a deadline of 3 p.m., Aug. 26, for nonprofits to apply for ownership of the property.

At the same time, Brumsted is facing a deadline of his own -- he has until Sept. 17 to dispose of the property one way or another, or go to trial on a series of misdemeanor charges levied by Batavia code-enforcement inspectors.

Brumstead was summoned to Batavia City Court today -- his attorney appeared on his behalf -- to answer to a series of complaints by the city that Brumstead has not been maintaining his property in compliance with local codes.

The allegations include: problems with the roof; cracks in exterior walls; a front door boarded over with plywood; and the structure's vacant appearance, all of which create a blighted appearance in the neighborhood, among other complaints (Source: WBTA).

Brumsted told WBTA's Geoff Redick today that the deadline in court and the new deadline for the nonprofits is merely a coincidence.

"The deadline that was set for Thursday, August 26th," says Brumsted, "was solely...to the effect that we were overwhelmed with the amount of response, and the not-for-profit organizations that have come forth for the interest in Cristina's restaurant."

Brumsted told The Batavian that some 15 nonprofit organizations have expressed an interest in the property.

The selection criteria, he said, will be based on what the nonprofits want to do with the property and how well that use will serve the community.

Of course, if the property is donated to a nonprofit, it will be taken off the city's tax rolls. At the same time, if the right nonprofit put the property to good use, it would bring people and activity to that section of Ellicott Street.

"I still own property in that area," Brumsted said. "I want to see something that helps other businesses in the area."

In a brief conversation today, City Manager Jason Molino said he didn't have a position on whether the property remains with a private owner or goes to a nonprofit.

"It's his property and he can do what he wants with it," Molino said, adding "Of course, he has a few issues to clear up first."

In other Batavia City Court actions on code-violation allegations:

• Latina's is in significant compliance with city codes, officials said. The deadline for full compliance was extended to Sept. 17.
• Ron Graziaplena, who has upset some neighbors with his 19 mallard ducks and other issues in his yard on Oak Street, appeared with an attorney, Frank Zinni. Judge Robert Balbick gave the attorney until Sept. 17 to get up to speed with the case.

When the overture began and the curtains opened, I wasn’t quite sure what to expect. I had seen the 1954 film "Seven Brides for Seven Brothers" years and years ago but didn’t remember it at all.

(My mother reminded me that it was the movie with the extremely agile male dancers; surprisingly, that didn’t help.)

The show takes place in an Oregon fur-trapping town circa 1850, and tells the story of the seven Pontipee brothers, who all live together without parents or wives.

Because they have no women around to do the housework, the oldest brother, Adam, goes into town -- where the Pontipees are not welcome due to their rowdy behavior-- and quickly proposes to Milly, a waitress.

The two get married and Milly takes on the seemingly impossible task of training Adam’s brothers to be gentlemen. But when the brothers fall in love with girls from the town, they abandon all they’ve learned from their sister-in-law and mayhem ensues.

It’s a cute, fun story with a happy ending and upbeat songs and the actors all seemed to be enjoying themselves while telling it.

Retired schoolteacher Carol Smith said she came because she likes to follow some of her former students in the cast.

“I think it’s amazing,” she said at intermission. “I’m really enjoying it. The leads especially are doing amazing.”

I agreed. Brittany Mruczek and Justin Soble were outstanding as Milly and Adam; both of them were believable as their characters and they have fantastic singing voices. The rest of the ensemble provided solid backing.

Nicholas Dunn, Kraig Marsh, Casimir Mruczek, Adam Secor, Matthew Smith and Eric Waples were audience favorites as the other six brothers, entertaining the crowd with their boisterous antics and impressive harmonizing.

Their brides -- played by Melzie Case, Rachel Fischer, Erin Kruppner, Kaitlin Logsdon, Maryssa Peirick, and Katelyn Rogers -- were equally entertaining as they giggled and flitted around the stage, becoming more and more bold as the show went on.

Even many of the smaller characters who only had a few lines, such as James Barcomb and Alyssa Buckley as Mr. and Mrs. Perkins and Charles Smith as the Preacher, were memorable.

And of course everyone knows that a cluster of dancing 5-year-olds in 19th Century attire just cannot be beaten.

Sixteen-year-old Rosalie Mortellaro is a veteran of the Summer Youth Theatre program but was unable to participate this year because of family plans this weekend (a wedding, coincidentally). However, that didn’t stop her from coming to support her friends from shows past.

"It’s excellent,” Rosalie declared. “I’m surprised to see some new faces and it’s nice to see old faces.”

The show at Batavia High School seemed to go off without a hitch, earning a standing ovation early into the bows.

As I walked out, people all around me were raving about the performance, using words like “incredible” and “phenomenal.”

All in all, “Seven Brides for Seven Brothers” is great entertainment for the whole family. (The only glitch was the venue's ridiculously long line spilling out of the ladies' room at intermission.)

Editor's Note: Video submitted by Penguin Multimedia.

Timothy V. Meyers, 17, of 2481 Walker Road, Darien, is charged with grand larceny, 4th. Meyers is accused of stealing a 2006 Yamaha Blaster four-wheel ATV from a house on Dodgeson Road, Alexander.  The ATV was recovered by Erie County law enforcement at a house in Clarence.

Jeffery Allen Good, 34, of Route 98, Alexander, was picked up on a bench warrant. The charges prompting the warrant were not released. Good was jailed on $500 bail.

Charles Anthony Smalls, 26, of Shefflen Avenue, Bronx, is charged with assault, 2nd. Smalls was a passenger in a car involved in a rollover accident on Route 33, Town of Batavia. Smalls reportedly left the scene of the accident and was located a short time later. When he was identified, deputies learned there was a warrant for his arrest from NYS Parole.

Matthew D. Derrick, 25, of 4036 West Main St., Batavia, is charged with criminal contempt. Derrick allegedly sent eight text messages to a person he was ordered not to contact.

Roger A. Laird Jr., 41, formerly of 11 Mix Place, Batavia, is charged with criminal contempt. Laird was found inside of a particular residence in alleged violation of an order of protection.

A property damage accident is reported at the traffic roundabout at South Main and Pearl streets in Batavia.

The vehicle is reportedly leaking fluids.

The caller said the single-vehicle incident resulted in a traffic sign being knocked down and the operator of the vehicle reportedly fled the scene.

Oakfield attorney Raymond Cianfrini will be honored on “Italian-American Night” Aug. 27 at Batavia Downs Casino. The lifelong Genesee County resident is well known as a civic leader and volunteer.

He will add the award “Batavia Downs Casino 2010 Italian-American of the Year” to his list of honors at ceremonies inside the winner’s circle at the Genesee County harness track.

After graduating from Oakfield-Alabama Central School, Cianfrini attended the State University of New York at Albany for his undergraduate studies. He received his doctorate in jurisprudence from the UB School of Law.

He has been a practicing attorney in the Village of Oakfield for 38 years and served as Genesee's assistant county attorney from 1972 to 1974 and its assistant district attorney from 1974 to 1976. Cianfrini also served for two years as an associate professor of Criminal Justice at Genesee Community College and as recording judge for the NYS Racing and Wagering Board at Batavia Downs.

The active 64-year-old currently represents Oakfield and Alabama (District 1) on the Genesee County Legislature after having served as Mayor of Oakfield from 2000 to 2007.

Cianfrini and his wife, Karen, a registered nurse at United Memorial Medical Center, have been married for 37 years.

They have three children and four grandchildren. Son Michael is a partner with him in the Cianfrini Law Firm at 31 Main St. in Oakfield. Daughter Christy Cianfrini Connor is an epidemiologist in San Diego. Another son, Steve, is a helicopter pilot serving with the Army in Afghanistan.

Raymond Cianfrini was the 2007 recipient of the coveted Paolo Busti Cultural Foundation Award of Excellence as Outstanding Italian-American and was a charter inductee into the Oakfield-Alabama Central School Hall of Fame in 2004.

He is also a photographer who worked for the Buffalo Bills from 1988-94, which included the team’s four visits to the NFL Super Bowl.

Anyone wishing to make reservations to attend the Aug. 27 festivities may contact Arna Tygart at (585) 343-3750, ext 437. A special Italian buffet will be served and live music will be featured with The Formula Band.

There will be an open house for the new School of Nursing facilities at MedTech Park from 3 to 6:30 p.m. on Friday, Aug. 20.

Genesee Community College and Genesee County Economic Development Center (GCEDC) will jointly celebrate the opening of the Dr. Bruce A. Holm Upstate MedTech Centre.

It includes the college's new School of Nursing, the headquarters of GCEDC and the Physical Therapy Department of United Memorial Medical Center.

Community members are invited for the ribbon-cutting ceremony, tours and hands-on demonstrations of the brand-new classrooms and laboratories.

Genesee's School of Nursing occupies the entire second floor of the new MedTech Centre building. The new 20,000-square-foot-facility includes a lecture hall, conference rooms, and three state-of-the-art nursing labs for hands-on, experiential learning.

There's also a student and employee gathering room with tables, a vending area and lockers, which allow students and staff to study, relax or socialize between classes. Faculty and administrative offices also occupy the second floor.

"The college's nursing program recently increased its enrollment, helping address a nationwide demand for more registered nurses," said Kathy Palumbo, director of Genesee's Nursing program. "This new facility exemplifies both the college and business community's commitment to a stronger healthcare workforce.

"We are grateful to all the public officials, private citizens, supporters of the college as well as our dedicated students and faculty who helped make these state-of-the-art facilities a reality."

The open house will welcome Genesee's wide-reaching Nursing Program alumni as well as the nursing faculty and advisory council, Genesee's president, Stuart Steiner, Ed.D, board of trustee members, elected officials and representatives from the GDEDC (which occupies part of the first floor of the building).

"This is an exciting time for GCEDC and Genesee Community College," said Steven Hyde, president and CEO of the GCEDC. "We are not only welcoming the nurses of tomorrow to this brand-new facility, ... we look forward to working collaboratively with the college and other organizations to develop new jobs for our region in the burgeoning new field of medical technology."

The ribbon cutting and School of Nursing open house program includes:

3 p.m. -- Doors open for the Open House

4 p.m. -- Ribbon cutting and brief welcome and acknowledgments by MedTech and college officials

4:30-6:30 p.m. -- Facility tours, School of Nursing demonstrations

An assortment of refreshments will be provided at the reception, including the college's new bottled "Cougar Water."

For further information or to RSVP to the GCC School of Nursing open house and reception please call Patty Hume at 585-343-0055, ext. 6234.

A grass fire has been reported in the area of mile marker 387, westbound lane, on the Thruway.

Town of Batavia Fire has been dispatched.

UPDATE 11:12 a.m.: Dispatch has received only one call on the fire. It's believed to be a small one, possibly started by a truck tire retread that came off and landed in the grass.

UPDATE 11:14 a.m.: An assistant chief has checked the Thruway and is unable to find any fire. In an unrelated incident, dispatch has also received calls about a large column of smoke behind Bj's Wholesale Club on Lewiston Road. It is a controlled burn.

UPDATE 11:16 a.m.: The controlled burn apparently has smoke drifting as far as the dispatch center on Park Road. It's been going all night and there was reportedly ash falling on West Main Street last night.

UPDATE 2:16 p.m.:  Earlier, Town of Batavia extinquished the fire. Now they're being called back to the scene.

Deanna L. Virgo, 34, of Garibaldi Avenue, Oakfield, is charged with DWI and aggravated DWI (driving with a BAC of .18 or greater). Initially, the Sheriff's Office received a report of a woman in the Bergen Sugar Creek parking lot not wearing any pants. Upon arrival, deputies were unable to locate the woman. Later, the Sheriff's Office received a report at 5:30 p.m., Wednesday, of a disturbance at the Bergen Service Center, 8132 Buffalo Road, Bergen. There a customer was trying to talk to a woman who was in an apparent intoxicated condition in order to try and keep her from leaving. Upon investigation, deputies believe Virgo was the woman reported at the Sugar Creek without pants and that she drove to the Service Center and was drunk at the time. The incident was investigated by Deputy Chris Parker with back up from Deputy Corey Mower, Trooper Eric Daigler and Trooper Edward Chaney.

A 17-year-old from Alexander is charged with petit larceny. The youth is accused of stealing a case of Arizona Iced Tea worth $15 from a delivery truck while workers were unloading product at the Alexander Country Deli.

Lael Jacob Dylag, 24, of Cedar Street, Akron, is charged with harassment, 2nd. Dylag is accused of verbally and physically threatening another person at a location on West Main Street, Batavia.

Douglas Gene Swede, 62, of Perry Road, Pavilion, is charged with aggravated harassment, 2nd. Swede was reportedly unhappy with the scheduling of a planning board meeting and left a threatening message on the town supervisor's voice mail.

A Batavia man suffered minor knife cuts Tuesday night while visiting the Village of Pike when he became involved in an alleged fight on Main Street.

Josh Sumeriski, 25, of 17 Pringle Ave., was taken to an area hospital with superficial lacerations on his back.

Charged with assault, 2nd, was James L. Lathrop, 20, of 4685 Wilder Road, Warsaw.

The alleged fight was reported at 10:45 p.m.

Lathrop reportedly suffered a cut finger and an eye injury.

The Wyoming County Sheriff's Office did not report any charges against Sumeriski.

Lathrop was jailed on $500 bail.

Batavia Police acting on a tip of suspicious activity responded the Kwik Fill at Jackson and Ellicott streets just before 5 p.m. and conducted an extensive search of a red Chevy sedan parked next to a gas pump.

It turns out, there was nothing found and no arrest. The driver was cited for allegedly operating on a suspended license. That's it.

Is this news? Well, if you drove by between 5 and 5:30 p.m. and saw all of this police activity, you might be wondering what it was about. Now you know.

James Maxwell, Batavia's new fire chief, has been on the job for only a few days, but he says he's getting settled in. He's worked with only two platoons of firefighters so far and said he's tried to let them know he believes in open communication.

"Bad news doesn't get better with time, so let's jump right on it," Maxwell said.

So far, though, Maxwell doesn't see any big changes coming and is impressed with the dedication and drive of department staff.

After a couple of years of musical chairs in the chief's office, the main thing now is to establish stable leadership, Maxwell said.

"(Turnover) has been unfair to the firefighters because of the inconsistency it creates," Maxwell said. "Hopefully, we can bring some continuity to the position."

One of the big questions on everybody's mind, Maxwell acknowledged, given his background in running a mixed department -- volunteers working along side full-time paid firefighters: Is the new chief aiming to move Batavia in that direction?

"That issue has not been expressed to me up to this point (by City Hall)," he said. "Two years from now, the organization may look very different than it does today. We don't know that it won't change. We don't have a crystal ball. As for now, the short term, it's business as usual."

City firefighters were at the Tonawanda Creek behind the courthouse this morning for some water rescue practice. It was a fairly simple exercise -- get the inflatable raft in the creek and guide it using ropes to waterfalls. It's been some years since anybody has drowned in this area of the creek, but the firefighters wanted to put together a plan to get the raft to the falls in case anybody ever becomes stuck there.

Margarita's Mexican Restaurant was shut down by the New York Department of Taxation and Finance just before noon today. The only information from officials on scene was that it was a "tax issue."

Tax Compliance Agent Elizabeth Schmidt, hanging the "seized" sign above, provided The Batavian with a phone number for the department's press office. We're expecting a call back. While Schmidt posted the sign, a locksmith was busy changing the locks. The business won't reopen until all back taxes are paid.

UPDATE: Susan Burns, spokeswoman for the taxation department called: Best Margarita's Grill, Inc. owes taxes on four warrants, with the oldest being back sales taxes from the second quarter of 2009. The four warrants total $32,914.

"We're in the process of working with the taxpayer and the indication is we will work something out fairly quickly," Burns said. "They should be re-opening soon."

The four warrants: Aug. 5 -- $16,166 for sales tax; Aug. 5 -- $1,373, for corporate tax; July 1 -- $64 for corporate tax; and April 2 -- $15,311 for sales tax.

"We always try to work with the taxpayer and negotiate a settlement," Burns said. "It's best that the business stay open for the community and that's what we work to see happen."

UPDATE: WBTA also learned that Margarita's reportedly had additional tax warrants dating back to 2007 that were paid. The total of the paid-up back taxes is $14,246.