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Sponsored Post: Dolce Panepinto: Frequently asked workers' compensation questions

By Lisa Ace


Commonly Asked Workers’ Compensation Questions:

Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at (585) 815-9003. For further questions regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

Students, staff at BMS adopting well to stressful circumstances, principal tells school board

By Howard B. Owens

Students and staff have adjusted well to very stressful circumstances, Batavia Middle School Principal Ashley John Grillo told trustees Monday night at the Batavia City Schools board meeting.

Grillo provided the board with a regularly scheduled report about the status of his school concentrating on adjustments caused by the COVID-19 pandemic.

"Students are wearing masks, not complaining about guidelines," Grillo said. "They've really done an outstanding job of adapting to the new guidelines for this year. I'm really proud of that. They deserve the biggest round of applause because they're really the ones most affected the most by the whole thing."

Grillo gave his report before two staff members tested positive for COVID-19 requiring 50 students who had close contact into mandatory quarantine for two weeks.

There are 127 students whose parents chose 100-percent virtual learning for this school year, Grillo said. 

In the cohorts that are splitting time between virtual learning and attending classes, with 246 in the first cohort and 208 in the second. There are also 78 students who are on campus every day.

Teachers conduct online classes that are dedicated to that role, Grillo said, with none doing both online learning and in-class learning.

"We decided to do that at the middle school level," Grillo said. "We didn't want to overwhelm the kids or overwhelm the teachers."

During the first two weeks of school, the emphasis was on getting students accustomed to being back in school after six months away from the classroom environment and getting them familiar with the new routines.

Homeroom has also been extended. In the past, homeroom has lasted 10 to 15 minutes before the first period. It's been extended to accommodate a video stream into the classrooms for morning announcements. The students get help getting their assignments and schedules organized for the day. They turn in their lunch orders. And there is some theme that primes them for learning. In the first weeks, it was Hispanic culture, then anti-bullying, and now veterans are being highlighted with students and staff providing photos of veterans from their families for the video stream.

"It helps them get their day organized and start on the right foot," Grillo said.

There is a team of teachers dedicated to social and emotional learning who meet regularly to review the school's progress and needs. There are also activities on campus for staff, such as yoga and meditation and team-building activities.

"This is not an easy job and we're trying to find ways to balance that," Grillo said.

There are also regular faculty meetings and training that focuses on professional learning. They're also working on better ways to track student progress and identify students who need extra attention.

"We do that every year," Grillo said, "But we're not letting this year hinder us. We're continuing to improve our process."

Help us serve you better. Become a supporter.

Law and Order: Myrtle Street man accused of driving impaired by drugs, fleeing from police, and trying to strike a deputy

By Billie Owens

Russell James Hamilton, 30, of Myrtle Street, Le Roy, is charged with: operating a motor vehicle while impaired by drugs -- first offense; unlawfully fleeing a police officer in a motor vehicle, 3rd; second-degree menacing -- with a weapon; second-degree obstruction of governmental administration; and criminal possession of a weapon with intent to use. Hamilton was arrested in the Village of Le Roy after allegedly fleeing from a traffic stop that was made at 2:15 a.m. Sept. 7 on Main Road in Stafford. Hamilton is accused of fleeing from Genesee County Deputy Kenneth Quackenbush, who attempted to stop him for a vehicle and traffic law violation. It is alleged that Hamilton fled in his vehicle into the Village of Le Roy, with deputies in pursuit, then fled from his vehicle on foot, and was taken into custody shortly thereafter. While being taken into custody, it is alleged Hamilton tried to strike a deputy with a dangerous instrument. It is also alleged that Hamilton was driving while impaired by drugs. He was released on appearance tickets and is due in Le Roy Town Court on Dec. 1. Village of Le Roy Police Officer Austin Steinbrenner assisted in the case.

Robert D. Wood, 30, of Mill Street, Batavia, is charged with: second-degree harassment; first-degree criminal contempt; and second-degree burglary. At 2:44 p.m. on Nov. 11, Batavia Police Officer Peter Post arrested Wood after a domestic incident that occurred on Wood Street in Batavia. He allegedly entered the residence in violation of a stay away order of protection agains him and is accused of shoving a person there during an argument. He was arraigned in Batavia City Court and put in Genesee County Jail in lieu of $10,000 cash bail, $20,000 bond, or $50,000 partially secured bond.

Morgan Lee Cox, 52, of West Main Street, Batavia, is charged with second-degree harassment -- physical contact. Batavia Police Officer Nicole McGinnis was made aware of an incident which took place at 6 p.m. on Nov. 8 on West Main Street in Batavia. It is alleged that Cox was involved in a physical altercation and that he punched a person in the face. He was arrested and released with an appearance ticket for Feb. 9 in Batavia City Court. Batavia Police Officer Austin Hedges assisted in the case.

Barbara C. Pridmore, 62, of Mechanic Street, Elba, is charged with: driving while intoxicated -- first offense; aggravated DWI -- with a BAC of .18 percent or more; moving from lane unsafely; obstructed view; and failure to obey traffic control device. Pridmore was arrested at 11:46 p.m. on Oak Street in the City of Batavia after a motor-vehicle accident in which a vehicle crashed into a telephone pole. She allegedly performed poorly on field sobriety tests, was arraigned in Batavia City Court, then processed at Batavia Police headquarters and issued traffic tickets. She is due in city court Feb. 17. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jordan McGinnis.

Ashley Ilene Hightower, 28, of Bank Street, Batavia, is charged with second-degree harassment. She was arrested following an investigation of a harassment complaint pertaining to an incident that occurred at 4:21 p.m. Nov. 8 on Bank Street, Batavia. She was issued an appearance ticket to be in Batavia City Court on Feb. 9. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

Katherine J. Briggs, 41, of South Main Street, Batavia, is charged with false written statement. At 4:20 a.m. on Nov. 11, Briggs allegedly knowingly gave a false statement to a City of Batavia police officer. She was issued an appearance ticket and is due in Batavia City Court on Feb. 9. The case was handled by Batavia Police Officer Jordan McGinnis.

Pile-up blocking traffic in the city at East Main and Masse Place

By Billie Owens

A three-vehicle collision with unknown injuries is blocking traffic on East Main Street and Masse Place in the city. City of Batavia Fire Department, police and Mercy medics are responding.

UPDATE 3:45 p.m.: Mercy medics are back in service.

Health Department advises people who visited Batavia's Original at specific times to seek testing

By Press Release

Press release: 

The Genesee County Health Department has received a positive COVID-19 test from an individual who was at Batavia's Original on Friday Nov. 6th and Saturday Nov. 7th between the hours of 4:30 p.m. to 10 p.m. Contact tracing is in progress; however unidentified individuals may have unknowingly been in contact with the positive case.

We advise all individuals who were at Batavia's Original on Friday or Saturday between the stated hours to monitor their symptoms for 14 days (Nov. 20th or Nov. 21st). If symptoms of COVID-19 develop, contact your primary care provider to seek testing immediately and self-isolate until you receive your test results.

Symptoms of COVID-19 include but are not limited to: fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea.

For more information please visit: https://coronavirus.health.ny.gov/home.

Previously: With staff members knocked out of action by COVID, Batavia's Original closing for the weekend

Staffer and 50 students at BMS on quarantine after two adults test positive

By Press Release

Press release:

Dear Batavia Blue Devils Community:

I am writing to provide you an important update regarding COVID-19 and Batavia Middle School.  

I have been notified and in contact with the Genesee County Health Department and the District’s Medical Director that there have been two new positive COVID-19 cases of Batavia Middle School staff members.  The employees were NOT in school with any symptoms and were considered asymptomatic prior to getting tested.

As a result of contact tracing, which focuses on a 48-hour window of time this has caused one additional staff member and 50 students who were deemed as “close contact” to quarantine for 14 days.  Any student and staff member that was identified as a “close contact” has already been contacted by the Batavia Middle School administration. The Genesee County Health Department will also follow up with identified students and staff. 

These cases do not impact our ability to continue to operate Batavia Middle School and the school will remain open for our in-person hybrid learning model. 

New York State has launched the “School COVID Report Card” site, where you can view COVID-19 data associated with all schools in New York.  To protect the privacy of students and staff, we will never release personally identifiable information. 

Please continue to be vigilant in your efforts and help us prevent the spread of COVID-19. For additional reliable information on preventing the spread of COVID-19, please go to www.cdc.gov or www.health.ny.gov

Please also don’t hesitate to contact Batavia High School or the District if you have any questions or concerns. 

Better Together… WE are Batavia!

Anibal Soler Jr.
Superintendent of Schools
Batavia City Schools

'Large herd of pigs' said to be approaching Bank Street Road

By Billie Owens

A "large herd of pigs" is reportedly approaching the roadway on Bank Street Road in Elba, just north of Batavia Elba Townline Road. A Sheriff's deputy is dispatched to check it out.

UPDATE 1:01 p.m.: An officers asks how far north of Townline Road was the herd seen, and is told the swine were closer to Starowitz Road.

UPDATE 1:05 p.m.: "You can show me clear, unable to locate," says the deputy.

Three cats, dog perish in house fire on State Street

By Howard B. Owens
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A fire gutted a home at 162 State St., Batavia, this morning, claiming the lives of three cats and a dog.

The residents were not home at the time of the fire, which was reported by multiple callers to emergency dispatch at about 8 a.m. The residents arrived on scene shortly before 11 a.m., Chief Stefano Napolitano said.

An off-duty firefighter, according to the chief, was passing by the residence and spotted the flames. He stopped and was informed a person might still be inside the residence, so he attempted to gain entry to the house and was beaten back by flame and smoke.

Firefighters arrived on scene and quickly knocked down the flames, which had already consumed much of the interior of the house, and made a first and secondary search of the residence and found no people inside.

No firefighters were injured.

The cause and origin of the fire are still under investigation.

Free coat giveaway Wednesday at Community Action's parking lot

By Press Release

Press release:

Community Action of Orleans and Genesee in Batavia is holding a free coat giveaway on Wednesday, Nov. 18, from 10:30 a.m. to 2 p.m. in the parking lot of our office at 5073 Clinton Street Road in Batavia.

New and like new coats will be available for children and adults of all sizes. 

We are also accepting new and like new coats for donation with no broken buttons or zippers. To donate or if you have questions please contact Lisa or David at Community Action at (585) 343-7798. 

COVID-19 mask wearing, and social distancing guidelines will be strictly adhered to at this event. Currently, we are unable to reserve coats for individuals prior to the event. 

The mission of Community Action is to provide services, with dignity and respect that help people become self-sufficient.

Structure fire on State Street in the city

By Billie Owens

A working structure fire is reported at 162 State St. in the city; unknown if occupied. City fire dispatched.

UPDATE 8:08 a.m.: It's gone to a second alarm. Alexander Fire Department's FAST team is called to provide mutual aid, along with Elba. Town of Batavia is called to stand by in their stations. Mercy medics are dispatched to the scene. The location is between North Street and Park Avenue.

UPDATE 8:23 a.m.: Town of Batavia's Engine #24 is called to the scene. Responders are told to approach via Richmond Avenue.

UPDATE 8:25 a.m.: Alexander is unable to secure manpower for its FAST Team; instead they are asked to bring the team assembled to stand by in city fire headquarters. Alexander's Engine #7 is en route. In the meantime, Town of Batavia's Engine #25 is asked to stand by in city fire headquarters.

UPDATE 8:29 a.m.: East Pembroke Fire Department is called to stand by in their quarters for Town of Batavia fire.

UPDATE 8:34 a.m.: Command reports fire is under control. Command asked that the city's Department of Public Works be instructed to shut off water at the road at the fire scene. National Grid is to be notified to turn power off.

UPDATE 8:39 a.m.: Alexander's Engine #7 is at city fire headquarters.

UPDATE 9 a.m.: No one was home when the fire broke out and firefighters have had no contact yet with residents and/or property owners. A cat was brought out alive but it's condition is not known at this time. The cause of the fire is under investigation.

UPDATE 9:16 a.m.: Mutual aid companies are put back in service. Mercy medics left awhile ago. 

Photos: Veterans' Day ceremony at the War Memorial

By Howard B. Owens

The men and women who have served the United States in military service were honored by local veterans today, Veterans Day, in services at the County Park, the VA Hospital, the State Veterans Home, and the Upton Monument.  

These photos are from the ceremony at the St. Jerome's War Memorial.

Below: A video submitted by UMMC of Dan Ireland, the hospital's CEO, delivering a Veterans Day message.

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Sponsored Post: New listing alert from Reliant Real Estate

By Lisa Ace


NEW LISTING! 5497 Ford Road, Elba. Great opportunity to purchase a project home and finish it off to your liking! All the elements are there -- vinyl sided, solid attached garage some work already in process...Situated on a half acre lot in the Elba School System and within minutes of the Thruway! Great location! Winter project waiting for you! Call Lynn Bezon today at Reliant Reliant Real Estate. Click here for more information on this listing.

NEW LISTING! 6484 Route 262, Byron. Very bright, 2 bedroom, 2 full bath mobile situated on a pretty half acre lot -- set back in where most don't notice! Home is 1064 square feet and has very spacious rooms. Bedrooms are at opposite ends from one another for privacy and master bedroom has private bath. There is laundry located at back entranceway and space for people to kick off shoes and coats before walking in to kitchen! There is a front porch and a large rear deck where you will spend most of your time enjoying the sun and the peaceful views. Roof and tankless hot water tank approximately 6 years old. There is also a decent size shed on property. Needs a little elbow work but when done it will be a great private home to enjoy but still close to store, hotel, pizzeria, park and school! Click here for more information on this listing.

Barn fire reported on East Road in Batavia

By Billie Owens

A fully involved barn fire is reported at 4787 East Road in Batavia. It is next to a house. The location is between Putnam and Creek roads. Town of Batavia Fire Department is responding.

UPDATE 4:50 p.m.: A first responder on scene confirms it's a working barn fire.

UPDATE 4:54 p.m.: The barn is "on the ground" so command says firefighters will be concentrating their efforts on saving the house, which is about 25 yards away. There is a good-sized propane tank in the vicinity of the barn. East Road will shut down at both ends -- Putnam and Creek roads.

Editor's Note: About 10 updates were lost from this post after a technical glitch occurred. The following is a summary of them.

UPDATE 6:08 p.m.: Bergen fire was called to Town of Batavia's station #2 to fill in, then switched to station #1. Elba was called to the scene. National Grid was called in; no ETA. Command reported the barn blaze was squelched to hot spots and they were working to douse those. Mercy medics on scene were asked to evaluate a firefighter, then called for an ambulance. The ambulance was called to proceed in emergency mode, then a second ambulance was called in. Two firefighters suffered some degree of smoke inhalation. The East Battalion communication channel was released and they are wrapping up operations on East Road.

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Grand Jury: Man accused of attempted murder in stabbing on Lehigh Avenue in the city in August

By Billie Owens

Jamie A. Dutton is indicted for the crime of attempted murder in the second degree, a Class B violent felony. It is alleged that on Aug. 25 Dutton, while outside the city water filtration plant at 480 Lehigh Ave., intended to cause the death of a person, and tried to do so by stabbing the intended victim with a knife. In count two, Dutton is accused of first-degree assault, a Class B violent felony, for allegedly causing serious physical injury to a person by means of a dangerous instrument -- a knife. In count three, Dutton is accused of criminal possession of a weapon in the third degree, a Class D felony, for allegedly knowingly possessing a dangerous knife. In Special Information filed by District Attorney Lawrence Friedman, Dutton is accused of having been convicted by criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. That conviction forms the basis for count three of the current indictment.

Devon A. Wright is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on March 2 Wright knowingly unlawfully entered the Valero Gas Station / Convenience Store on West Main Street in Batavia with the intent to commit a crime inside. In count two, Wright is accused of third-degree assault, a Class A misdemeanor, for allegedly entering the gas station that day with the intent to cause physical injury to another person. In count three, Wright is accused of fourth-degree criminal mischief, A Class A misdemeanor, for allegedly entering the gas station and intentionally damaging another person's property -- vaping oil and snack donuts. In count four, Wright is accused of resisting arrest, a Class A misdemeanor, for allegedly preventing or attempting to prevent a police officer from arresting him on March 12 on Central Avenue in the City of Batavia. In count five, he is accused of obstructing governmental administration, a Class A misdemeanor, for allegedly intentionally obstructing, impairing or perverting the administration of law March 12 on Central Avenue by means of intimidation, physical force or an unlawful act. In count six, Wright is accused of first-degree attempted assault, a Class C violent felony, for allegedly intentionally trying to cause serious physical injury to another person by means of a dangerous instrument -- a motor vehicle -- on April 8 on Highland Park in Batavia In counts seven and eight, Wright is accused of two more counts of fourth-degree criminal mischief for allegedly intentionally damaging the property of another person on April 21 at the Batavia Police Department -- a spit hood, and a drop ceiling, respectively. In count nine, Wright is again accused of resisting arrest, on April 21 on Holland Avenue in the City of Batavia. In count 11, Wright is accused of second-degree harassment. It is alleged in count 11 that on April 21 on West Main Street that he subjected a Batavia police officer to physical contact or threatened to do so by saying "I got something for you bro." In count 12, Wright is accused of criminal sexual act in the second degree, a Class D violent felony. It is alleged in count 12 that on Nov. 26, that in the area of Montclair Avenue in the City of Batavia, that he -- being age 18 or older -- engaged in oral sexual conduct with a person under the age of 15. In count 13, Wright is accused of endangering the welfare of child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17 -- the child who is the subject of count 12, who is 13 years old. In count 14, Wright is again accused of resisting arrest on Nov. 29 at the Batavia Police Department. In count 15, the defendant is again accused of obstructing governmental administration on April 29 at the Batavia Police Department.

Nateeka M. Gibson is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Feb. 15 that she knowingly entered a building -- a residence on Washington Avenue in the City of Batavia --unlawfully with the intent to commit a crime. In count two, Gibson is accused of third-degree robbery for allegedly forcibly stealing cash from a resident. In count three, Gibson is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing cash from a resident. In count four, the defendant is accused of second-degree harassment, for allegedly striking a person or subjecting a person to physical contact or threatening to do so. In count five, Gibson is accused of another count of second-degree burglary, for allegedly knowingly entering the same building unlawfully on Oct. 3 with the intent to commit a crime. In count six, Gibson is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count six that she knew a person was to be called as a witness in a legal proceeding and she attempted to get the person to avoid testifying. In count seven, Gibson is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying an order of protection issued Feb. 21 by Batavia City Court. It is alleged this was done Oct. 3 on Washington Avenue. In count eight, Gibson is accused of second-degree criminal contempt, again for allegedly entering a building unlawfully on Washington Avenue on Oct. 4. In count nine, Gibson is accused of criminal contempt in the second degree for allegedly intentionally disobeying a court order of protection on Washington Avenue on Oct. 4.

Luis A. Ramos-Mercado is indicted for the crime of second-degree menacing, a Class A misdemeanor. It is alleged that on Jan. 30, 2019, on East Main Street in the City of Batavia, that Ramos-Mercado intentionally placed a person in reasonable fear of physical injury, serious physical injury or death, or attempted to do so, by displaying a dangerous instrument -- a knife. In count two, Ramos-Mercado is accused of first-degree attempted burglary, a Class C violent felony. It is alleged in count two that the defendant on the same day knowingly attempted to enter a dwelling on East Main Street with the intent to commit a crime and did so when using or threatening to use a dangerous instrument -- a knife. In count three, Ramos-Mercado is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count three that the defendant on that day possessed a dangerous instrument -- a knife -- intending to use it against a person. In count four, the defendant is accused of second-degree assault, a Class D violent felony.  It is alleged in count four that Ramos-Mercado, on June 6 on Ellicott Avenue in the City of Batavia, in the course of commiting a felony, caused physical injury to the same victim. In count five, he is accused of second-degree strangulation, a Class D violent felony, during the June 6 incident on Ellicott Avenue. In count six, he is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count six that on June 6th he acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less that 17 years old. In count seven, the defendant is accused of first-degree burglary, a Class B violent felony, for allegedly intentionally entering a dwelling June 6 to commit a crime and causing physical injury to the same victim. In count eight, he is accused of criminal contempt in the first degree, a Class E felony, for intentionally violating an order of protection by allegedly harassing, annoying, threatening or alarming the same victim and subjecting the victim to physical contact. In count nine, Ramos-Mercado is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing property from the victim that had a value exceeding $1,000. In count 10, he is accused of second-degree attempted assault, a Class E felony, for allegedly intentionally causing serious physical injury to the victim. In Special Information filed by District Attorney Lawrence Friedman, Ramos-Mercado is accused of having been convicted of the crime of falsifying business records in the first degree, a Class E felony. The conviction on Sept. 12, 2019 forms the basis for count three of the current indictment.

Isaac C. Floyd Jr. is indicted for the crime of criminal possession of a weapon in the third degree, a Class D violent felony. It is alleged that on July 26 on State Street in the City of Batavia that Floyd possessed a dangerous instrument with the intent to use it against another -- a folding pocket knife. In count two, Floyd is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that Floyd intentionally placed a person in reasonable fear of physical injury, serious physical injury or death or attempted to do so by displaying a dangerous instrument -- a pocket folding knife. In count three, Floyd is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that Floyd intentionally obstructed or impaired the administration of law or a public servant from performing an official function, or tried to do so, by means of intimidation, physical force or an unlawful act. In Special Information filed by District Attorney Lawrence Friedman, Floyd is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Oct. 30, 2008 in City of Batavia Court. That conviction forms the basis for count one of the current indictment.

Jeffrey M. Johnson is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on April 29 on North Spruce Street in the City of Batavia that Johnson possessed a dangerous instrument -- a knife, with the intent of using it against a person. In count two, Johnson is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that day, he intentionally placed a victim in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a knife. In count three, he is accused of criminal obstruction of breathing or blood circulation, by applying pressure that day to the neck or throat of the victim. In count four, Johnson is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to by injurious to the physical, mental or moral welfare of a child less than 17 years old. In Special Information filed by District Attorney Lawrence Friedman, the defendant is accused of having been convicted of the crime of possession of contraband in prison in the second degree, a Class A misdemeanor. That conviction forms the basis for count one of the current indictment.

Laytefa A. Franklin is indicted for the crime of endangering the welfare of an incompetent or physically disabled person in the first degree, a Class E felony. It is alleged that on Jan. 4 Franklin knowingly acted in a manner likely to  be injurious to the physical, mental or moral welfare of a person who was unable to care for themselves. In count two, Franklin is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count two that on Jan. 4 Franklin intentionally blocked the nose or mouth of a person who was unable to care for themselves.

Arielle S. Bevel is indicted for the crime of aggravated driving while ability impaired by drugs, as a Class E felony. It is alleged that on Feb. 10 on Route 33 in Bergen that Bevel drove a 2019 Nissan while her ability to do so was impaired by drug use and while she had a child age 15 or less in the vehicle.

Matthew I. Diers is indicted for the crime of failure to register, a Class D felony. It is alleged that in March, as a convicted sex offender, he failed to register with the NYS Division of Criminal Justice Services any change of address, internet accounts, internet access providers, etc. In this case, it is an email account. In Special Information filed by District Attorney Lawrence Friedman, Diers is accused of having been convicted of failure to register, as a Class E felony, on Aug. 28, 2018.

Joey A. Evans is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Dec. 3, 2017 in the City of Batavia that Evans stole a shotgun -- a Remington 870 shotgun.

Amanda A. Howard is indicted for the crime of criminal possession of stolen property in the fourth degree, Class E felony. It is alleged that on Sept. 1, 2019, while at an RV resort in Byron, Howard knowingly possessed stolen property -- a credit card belonging to another person. In count two, Howard is accused of the same crime -- possessing a credit card belonging to a second victim.

County Health Alert: person who attended Trivia Night at T.F. Brown's Nov. 3 tests positive for COVID-19

By Billie Owens

Health Alert

The Genesee County Health Department has received a positive COVID-19 test from an individual who attended Trivia Night at T.F. Brown’s Restaurant on Tuesday, Nov. 3, between 6 and 9 p.m. Contact tracing is in progress; however unidentified individuals may have unknowingly been in contact with the positive case.

We advise all individuals who attended the Trivia Night on Tuesday, Nov. 3rd to monitor their symptoms until Nov. 17th.

If symptoms of COVID-19 develop, contact your primary care provider to seek testing immediately and self-isolate until you receive your test results.

Symptoms of COVID-19 include but are not limited to: fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea.

For more information, click here.

Gas leak at construction site on East Main Street, Batavia

By Howard B. Owens

A worker apparently severed a two-inch gas line at 556 E. Main St. in the city, the site of an affordable apartment construction site this afternoon. It caused a gas leak that required from seven to 10 businesses and residences to be evacuated.

Chief Stefano Napolitano said National Fuel crews are working to seal off the pipe on both the east and west ends of the line. It was a two-inch line inside of an older four-inch line. Napolitano didn't have an estimate for when the gas will be shut off.  

Thirty minutes ago, the odor of natural gas was still strong in the air and you could hear the hissing of the leak.

The roadway is partially blocked.

UPDATE 2:24 p.m.: City assignment back in service.

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