batavia

The Batavia Police Department conducted a check point on Law Street from 10 p.m. Friday to 2 a.m. Saturday and released details on the enforcement action today.

Two people were arrested for alleged DWI, one person for alleged operation of a vheicle while under the influence of drugs and another person for alleged unlawful possession of marijuana.

The following arrests were made:

Julian J. Matla Jr. 46, of 35 Church St., Le Roy, charged with DWI.

Christopher Herman, 30, of 39 Citation Drive, Henrietta, charged with DWI and endangering the welfare of a child.

Shaun P. Murray, 52, of 117 Friar Drive, Rochester, charged with driving while ability impaired by drugs.

Ellen A. Murray, 52, of 117 Friar Drive, Rochester, charged with unlawful possession of marijuana.

Paul R. Tenney, 39, of Batavia admitted in court today that he stole more than $106,000 from his  employer, Elcon, Inc..

Under terms of the plea agreement, Tenney could be sentenced to five years probation and either six months in jail, or a four-month intermittent term, plus he could be required to repay the stolen $106,000.

Judge Robert Noonan released Tenney from jail following his guilty plea. Between now and his sentencing, Tenney will be under the supervision of Genesee Justice and must abide by a curfew from 6 p.m. to 6 a.m.

The jail sentence is the maximum time, under statute, that a convict placed on probation by a judge can be required to do, according to District Attorney Lawrence Friedman.

Tenney was arrested in early June for reportedly forging checks and falsifying business records.

A Batavia man is in satisfactory condition following a single-car, rollover accident on Route 98 in Alexander at 12:22 a.m. Monday.

David E. Stupp, 39, of 8052 North Bennett Heights, Batavia, suffered a fractured neck in the accident.

Stupp was reportedly driving northbound on Route 98 when his 2004 Mercedes-Benz convertible left the east shoulder. The car struck a ditch in a driveway culvert and overturned, coming to rest facing south.

No other people were involved in the accident.

Stupp was cited for DWI, unsafe lane change, speeding and refusal to submit to a breath test.

Justin Fay, who was an Eagle Scout, honor roll student and honor society scholar in college, pleaded guilty today to one count of misdemeanor criminal trespass for breaking into the Harvester Center one rainy Saturday night in late July.

Now a Rochester resident, Fay told Judge Robert Balbick in City Court that he did enter the Harvester Center without permission.

He had been facing a burglary charge.

Fay will be sentenced after the Monroe County Probation Department completes a pre-sentencing review.

We have no information at this time on his co-defendants, William F. Wernert III and Cory C. Pickering.

It looks like work has finally begun on the Ellicott Street railroad crossing. 

Center Street is closed at Ellicott. There is two-way traffic this morning on Ellicott, but guided by cones.

And they are off!  2009 Batavia Area Jaycees Labor Day 5k Run/Walk

Joseph D. Becerril, 21, of 320 Polebride Road, Avon, is charged with criminal possession of stolen property and petit larceny. Becerril was arrested at Darien Lake Theme Park for allegedly stealing items from cars in the parking lot. Becerril was jailed on $1,500 bail. The case was investigated by Deputy Jason Saile with assistance from deputies Frank Bordonaro and Howard Carlson as well as the State Police and Darien Lake security.

Joseph M. Hamm, 32, of 580 Glide Road, Rochester, is charged with DWI, driving with a BAC of .08 and unlicensed operation. Hamm was arrested after the Sheriff's Office received a report early Saturday morning of a car in a ditch off Sumner Road in Darien.

Eric P. North, 29, of 152 Linwood Ave., Amherst, is charged with DWI, driving with a BAC of .08 and failure to keep right. North was arrested following a traffic stop on Route 33 in Pembroke by Deputy Bradley D. Mazur.

Karen A. Dusky, 37, of 7158 Wright Road, Basom, is charged with DWI, driving with a BAC of .08, failure to keep right and endangering the welfare of a child. Dusky was stopped just after midnight Saturday morning by Deputy Patrick J. Reeves on Route 77 in Pembroke. She reportedly had a child under 17 in the vehicle with her.

Carrie M. Capizzi, 28, of 3300 Broadway, Alexander, is charged with DWI, driving with a BAC of .08 and failure to dim headlights. Capizzi was stopped for allegedly failing to dim headlights at 2:39 a.m. on Route 20 in Alexander by Deputy Howard Carlson.

Heather L. Leith, 30, of 3938  Risher Road, Youngstown, Ohio, is charged with DWI, driving with a BAC of .08 and inadequate headlights. Leith is also accused of with driving an unregistered vehicle, improper license plates and operating without insurance. Leith was stopped by Deputy Mazur just after midnight on Sunday morning. She was jailed on $500 bail.

A 17-year-old is charged with trespass. The youth is reportedly a former employee of Darien Lake Theme Park who had been banned from the property, yet was found in the park Sunday about 4 p.m..

Mitchell J. Atwell, 24, of 308 Mcintyre Road, Le Roy, is charged with harassment. Atwell is accused of making verbal threats during a dispute with a neighbor.

Christopher T. Herman, 30, of 39 Citation Drive, Henrietta, is charged with DWI, operating with a BAC of .08 and endangering the welfare of a child. Herman was stopped Sunday at 1:05 a.m. at a police checkpoint on Law Street. Herman reportedly had his 4-year-old son in the car.

Julian J. Matla, Jr., 45, of 35 Church St., Le Roy, is charged with DWI and operating with a BAC of .08. Malta was stopped at a police checkpoint at 11:58 p.m. Saturday.

Michael T. Ellis, 21, of 2781 School St., North Collins, is charged with DWI. Ellis was arrested by Batavia Police after allegedly failing to abide by rules set down in a conditional discharge for a previous DWI guilty plea.

Karen Grzybowski, 38, of 24 Audabon Terrance, is charged with harassment. The charge stems from an incident at 10:05 p.m. Saturday on Allegany Road in Darien. No details were provided.

Jacob R. Hennard, 20, of Bergen, is charged with DWI and operating with a BAC of .08. Hennard was stopped by State Police on Colby Road in Darien at 10 p.m. on Friday.

Police are responding to the 100 block of Elm Street, where a lost 6-year-old was found walking down the street crying.

UPDATE: It sounds like the child was reunited with her family.

There is a reported stabbing in the Country Meadows Trailer Park on Clinton Street Road. Law enforcement is on scene. Mercy EMS has been dispatched.

De-fense. De-fense. De-fense.

A crushing Notre Dame defense led the Fighting Irish to a 21-0 victory over Pembroke.

Pembroke managed only 15 yards of total offense in the first half, while Mike Pratt lead Notre Dame on offense all game, ripping some big runs while Nick Bochicchio connected with Gianni Zambito on two touchdown passes.

The Irish scored on their first possession after Pratt marched the team down the field before Bochicchio hit Zambito on a 35-yard bomb.

A missed field goal by Matt Thompson deprived Notre Dame of the chance to score a second time in the first quarter.

Thompson would redeem himself later in the came when he recovered from a bad snap to get off a great punt.

After two long runs in the second quarter, Pratt dove in from the three-yard line to put the Fighting Irish up 14-0.

In the second half, Pembroke continued to struggle on offense, putting up only a couple of first downs, and finished the game with less than 100 yards total offense.

Notre Dame's final score came in the third quarter when Bochicchio found Zambito again for a 31-yard strike.

Thanks to a reader for the info.

John Pontillo says he has tried doing everything he can to save Pontillo's on East Main Street in Batavia.

So far, all of his offers to buy the building and the business have been rejected. He doesn't know why.

"I offered a solution that gave the family business a chance to reopen and keep it in the family," John Pontillo said this afternoon. "It could be open right now. I made an offer that would have allowed us to take care of all our creditors. Bankers looked at it and real estate people looked at it and business people looked at it and all said, 'John, this is a good offer.'

"It's very frustrating. I don't know why it was rejected."

The landmark Pontillo's, which Sam Pontillo founded in 1947, shut down in November, with a sign appearing in the parking lot saying it was closed for remodeling. It turned out, however, that the business owed more than $112,000 in back taxes.

The brothers were soon in court trying to settle estate and debt issues and who would run the business.

And the fate of Pontillo's has been tied up in court since.

"We all grew up in this business," John said. "I would like to keep it in the family."

A for-sale sign appeared on Pontillo's yesterday about 4 p.m., but John is skeptical that the business and building can be sold before creditors foreclose on the property. He fears if his offer isn't accepted before foreclosure, there will be no more Pontillo's in Batavia -- not the family business his parents nutured into a regionally renowned destination for pizza and pasta.

As local restaurateur Sean Valdes noted in a comment yesterday, "This will be a hard building to sell as a restaurant. The overhead will be a challenge."

We have a call into Sam Pontillo seeking his comment on the situation.

Once in a while, a reader stumbles across a morning post by Joesph Langen which he titles "Conversations with Calliope" and asks us what they're about.

Langen is a writer and he uses The Batavian as a morning writing exercise to connect with his muse.

We've never put these posts on the home page. They're just a writer's journal about his writing.

But Langen has been doing it daily since almost the first day The Batavian started publishing. Now he's made a collection of his writings available for free in PDF form. Click here for home info.

He lists these 10 reasons to download the book:

1. Find out where writers get their ideas.
2. Hear what a writer does all day.
3. Listen to what writers say about being a writer.
4. I want my muse to be more helpful.
5. See how to get unstuck when you write.
6. Learn how to talk with a muse.
7. Explore what else writers need to know besides how to write.
8. Discover what keeps a writer going page after page.
9. Determine who supports a writer’s efforts.
10. Unearth the sources of writers’ inspiration.

Langen says he's now a full-time writer after 35 years as a psychologist. He recently published his first novel, "The Pastor's Inferno." His other books include on one life's lessons, "Commonsense Wisdom for Everyday Life," and a memoir about his nine years in a seminary, "Young Man of the Cloth."

C.M. Barons is a frequent commenter on The Batavian. Baron's published a novel last year, "In the Midst of."

Last month, Penguin Multimedia, a joint venture of Loren Penman of Batavia and her son, Brant, as well as Brian Gardner, shot a video promo for the novel at vintage clothing store Calista Miakoda on Ellicott Street.

The novel is available at Present Tense Books.

Town of Batavia Fire Department is responding to a reported stove fire at 4071 W. Main St. Road.

The fire is contained to the stove. There is smoke in the residence.

UPDATE: 12:17 p.m.: Fire out, but ventilation needed.

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This is a reader-submitted photo of a for-sale sign on the Pontillo's building on E. Main Street in Batavia. A caller informs us the sign was placed on the building at 4 p.m. We're working on getting more information.

There are apparently no injuries in an accident at 196 Oak St., just in front of Bob Evans Restaurant.

Batavia Fire Department and Mercy EMS have responded.

No word on if traffic is blocked.

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The inaugural choice for Pet of the Week, by all accounts a prestigous distinction, was definately a tough one to make. There were several worthy prospects, and I thank all for participating, but the heart-melting eyes of Barclay and his overall mien made him a standout. He submitted this bio:

My name is Barclay James Newton and I am writing to be considered for your new Pet of the Week feature. I feel I deserve this dignified distinction because my parents say that I am the most loyal, loving, gentle and humble dog they know. My mom says I am the dog of all dogs, the Gold Standard. My dad says there never has been a dog like me and there never will be again. I guess they would know since they have four dogs here and one in heaven (Hey Maisie!).

I'm not so sure what all the fuss is about- I'm just doing my job as a dog, man's best friend and all that. I would like to say that I have a particularly special place in my heart for my human cousins- hey Kort & Ken, love ya! Whenever they come to play, I can't even contain my excitement -- I HAVE to get out to the car to meet them and walk them into the house! They're my girlie girls and I love them to pieces!  Well, I guess that's all for now. Can't wait to see all the upcoming Pet of the Week articles.

Your Friend,
Barclay

If your pet is worthy of pet of the week, have him or her e-mail me at pets (at) the batavian dot com.  Please have your pet send a handsome picture and his or her story. Click here for more information. Your pet could win a $10 gift certificate from Genesee Feeds.

Danielle L. Young, of Orchard Park, is charged  with DWI and DWI with a BAC of .08. Young was stopped by State Police on Sumner Road in Darien.

Kaylie N. Rumon, 23, of Elmira, is charged with  DWI and DWI with a BAC of .08. Rumon was stopped by State Police in the City of Batavia.

Joey Somsy, 21, of Buffalo, is charged with DWI and DWI with a BAC of .08. Somsy was stopped by State Police on Colby Road in Darien.

Brian P. Verney, 25, of Attica, is charged with petit larceny and possession of a hypodermic instrument. Verney is accused of shoplifting from Wal-Mart. He was arrested by State Police and jailed without bail.

Amy L. Showler, 34, of Batavia, is charged with petit larceny. Showler is accused of shoplifting from Wal-Mart. She was arrested by State Police.

A 15-year-old from Batavia is charged with petit larceny and trespass. The alleged crime occurred on West Saile Drive on Aug. 23 in Batavia and was investigated by State Police.

Erica Michelle Raphael, 24, of 335 Bank St., Batavia, is charged with petit larceny.  Raphael is accused of shoplifting from Target.