batavia

Jarrod K. Fotiathis, 19, of Ellicott Street, Batavia, is charged with false personation. Fotiathis was suspected of being involved in a fight Wednesday night on Swan Street. When questioned, Fotiathis allegedly gave a false last name to a police officer. Officers reportedly asked him several times for his real last name and Fotiathis allegedly refused to do so. 

William Scott Smith, 46, of Main Road, Pembroke, is charged with unlawful possession of marijuana. Smith was allegedly found in possession of marijuana at 11:45 p.m. May 16 on Main Road, Pembroke, by Deputy Kevin McCarthy.

Michael Joseph Elmore, 23, of Summit Street, Batavia, is charged with unlawful possession of marijuana and trespass. Elmore allegedly trespassed on private property and was found in possession of marijuana at 3:10 p.m. May 24 by Deputy Kevin McCarthy.

Kristine Szumigala, 40, of East Avenue, Batavia, is charged with harassment, 2nd. Szumigala was allegedly involved in a fight at 8:57 a.m. Sunday at 16 Bank St., Batavia.

Adam Figlow is a single father of four and a maintenance man at Ascension Parish in Batavia. Fellow parishioner and parish volunteer Sue Hartrick describes him as very humble, quiet, and "an extremely hard worker."

"You can ask him to do anything and say it doesn't have to be done right away," Hartrick said, "and then you turn around and it's done in a half hour."

But he has fallen on hard luck. In December, Figlow was diagnosed with a rare form of soft tissue cancer called spindle cell sarcoma.

Figlow said he first knew something was wrong one day in late summer, when he noticed a strange growth on his left arm.

"It never hurt or anything," he said. "It was just cosmetically annoying."

Since being diagnosed, he has undergone two surgeries and radiation therapy. His aunt and uncle, Kathy and Nick La Farnara, drove him to all of his appointments and stood by him through the surgeries, for which he expressed deep gratitude.

Figlow is set to return to work next month, but will have been out on disability for six months at that point. New York State disability payments have not been enough to keep up with Figlow's hospital bills and everyday living expenses.

That is why Ascension Parish will be hosting a spaghetti dinner, theme basket and 50/50 raffle on Saturday, May 31 from 5 until 7 p.m., with theme basket and raffle drawings starting at 7 p.m. The event will be at the parish's Slomba Hall, at 17 Sumner St. in Batavia.

Each meal will include spaghetti, meatball/sausage, salad, bread, dessert and a beverage.

Presale dinner tickets are $7 for adults and $5 for children, or $8 at the door. Takeout will be available.

Hartrick, who has spearheaded the event from day one, has been overwhelmed by the generous response.

"I thought it would be fabulous if we could get 30 baskets (for the basket raffle)," Hartrick said. "As of now, we have 79 baskets and 33 gift cards."

A variety of theme baskets -- including dog and cat, camping, gardening, children's toy and lottery baskets -- have been donated by individuals and businesses in and around the Batavia area.

"We've gotten more generosity than I could ever imagine," Hartrick said. "I was hoping the parish would rally around Adam in his time of need. They have not rallied...they have soared."

"The heart of Batavia and the parish community is unbelievable," Figlow said. "I can't thank them enough...I'm just so appreciative of everybody."

Basket ticket costs are as follows:

• 25 tickets for $5 for the less expensive baskets
• 25 tickets for $10 for the more expensive ($25 or more in value)

Additionally, someone donated a handmade quilt depicting an outdoor scene. It has a value of about $200, and will be the object of a 50/50 raffle. People can buy tickets $2 apiece or three tickets for $5.

For more information, call Hartrick at 786-8198.

Figlow is pictured with his sons, Joe (13) and Noah (5). His daughter Ashanti and son Nicholas were unavailable for a photo.

A Genesee County Grand Jury has filed an indictment against a Batavia resident who is accused of firing a handgun at another person while on State Street on Sept. 27.

Deshawn Allen Butler, 34, was wanted for a time in connection with the shots fired incident and was arrested in December. He was released from jail a few days later when the prosecution, which wasn't ready to proceed with a pre-trial hearing, called a felony hearing.

Butler was indicted on counts of criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.

Other indictments filed by the Grand Jury:

Kelly M. Zwolinski is indicted on a count of criminal possession of stolen property, 4th, a Class E felony. Zwolinski is accused of knowingly possessing stolen property valued at more than $1,000. In this case, a Western barrel-racing saddle, a Western trail saddle, two sets of stirrups and a breast collar.

Jose A. Esquilin is indicted on a count of DWI as a misdemeanor and aggravated unlicensed operation, a Class E felony. Esquilin was stopped Dec. 6 on the Thruway in Pembroke.

Danny and Eddy stopped at the Kwik Fill on Jackson and Ellicott for some gas on their way to a car show in Amherst this evening and their two pickup trucks sure got a lot of attention. A few people stopped and took cell phone pictures.

To car buffs, the trucks are known as "rat rods." They've got the patina of decades of loyal service to their owners.  

Danny is with the 1952 Chevy along with his sons, Ethan and Dylan. Eddy is with his 1955 Ford F-100.

Both vehicles are on modern chassis and have modern suspension systems (for a better ride), but otherwise have original paint and original interiors.  

They've owned their trucks three or four years.  

Danny and Eddy, both Batavia residents, said they plan on showing off their trucks at Summer in the City in August.

It's just a hobby, they said.

"You can tell they're attention getters," Eddy said. "They really attract people's eyes."

Maria Yefremenko says she is desperate to find her orange tabby, which has been missing since the night of May 20. The cat has green eyes and was last seen on Walnut Street in Batavia. He has a small tear in his left ear and small black spot on his right paw. Contact Maria Yefremenko either by e-mail at myefrem@gmail.com or call/text (585) 479-5229.

Get out those hair rolls -- AKA "cootie garages," the shoulder pads, stockings with seams up the back, the khakis and hats galore. You're invited to the Victory Dinner Dance, a fundraiser benefitting the WNY Aviation Adventure Camp.

This will be a World War II Era Big Band Hangar Dance at Zeliff's Hangar at the Genesee County Airport on Saturday, June 7.

Cost of $100 per person. The event is limited to 100 couples.

It includes music, dinner provided by Alex's Place, dancing, and an open bar during cocktail hour (How 'bout rum and coc-a cola?)

Wear '40s attire to be eligible for prizes.

There will be swing dance instruction; portraits by a professional photographer.

RSVP by May 23. Contact Eve Hens at 585.343.7440 or ehens@geneseeny.com

Reserve online at  beagenesee.com

Timeline as follows:

Report date -- June 7, to 4701 E. Saile Drive, Batavia

Cocktail Hour -- 1800 hours

Dinner & Dancing -- 1900-2300 hours

State Police assigned to Troop A held a ceremony today at the Batavia Barracks honoring troopers who have fallen in the line of duty. The wreath was place this year by Heidi Riley and Sharon Keane, the widows of Ross Riley and William Keane. Trooper Riley passed away during an exercise at Letchworth State Park and Trooper Keane suffered a heart attack while training.

To purchase prints, click here.

Press release:

How would you like to live with the next Ryan Howard or Chase Utley this summer? The Batavia Muckdogs are again seeking local families to assist in housing players during the 2014 baseball season.

Anyone can help provide lodging for this year's Muckdogs by either providing space or renting a room, apartment, or home. While many host families come back year after year, the team is always looking to add to their list of available options for the players and coaching staff.

Host Families play a crucial role in helping young players feel comfortable in a new environment. Many who have hosted players in the past have had incredibly wonderful experiences. However, with players coming and going throughout the season, we have constant needs as far as housing.

The 2014 season runs from June 13 until Sept. 1 and players typically range from 18-23 years of age. The team will arrive in Batavia the week of Monday, June 9.

If you are interested, need more information or know someone in the Batavia area (within just a few miles of Dwyer Stadium) who might be interested in hosting a player, please contact Travis Sick at (585) 343-5454 or tsick@muckdogs.com. You can also call our housing coordinator Shirley Fanara directly at (585) 356-3411.

City announcement:

(1.) MEADOWCREST DRIVE from South Main Street to the cul-de-sac and CHARLES STREET from Oak Street to the dead-end will be closed to all traffic on Monday, June 2, between 7 a.m. and 5 p.m. for roadway resurfacing.

Residents should not park on the roadway and are asked to park on neighboring streets during the closure. Residents of the Edgewood Drive/ Valle Drive area are asked to use Fairway Drive as ingress and egress to their homes during the closure.

(*WEATHER DELAY DATE: Tuesday, June 3, 2014)

(2.) CENTER STREET between Ellicott Street and Main Street and SCHOOL STREET between Jackson Street and Liberty Street will be closed to all traffic on Friday, May 30, between 7 a.m. and 5 p.m. for roadway resurfacing. Residents/ businesses should not park on the roadway and are asked to utilize the municipal parking lots. The Center Street Parking Lot and School Street Parking Lot can be accessed from the East Main Street entrance. The Jackson Street Parking Lot can be accessed from Jackson Street.

"A black bear was seen traversing the City of Batavia during the late and and early morning hours this morning," according to a press release from City Police.

The bear was described as a juvenile to young adult. It was first seen in the area of North and Summit street around 1 a.m. A second sighting was near 21 Summit St. Police officers observed the bear moments after the reported second sighting near 11 Summit St.

NYS Department of Environmental Conservation was notified and dispatched an officer to the scene. The bear was tracked as it exited the City in the area of Chestnut Street around 5 a.m.

Although it rarely happens in the City of Batavia, bears have been known to travel through Western New York as they migrate south this time of year. The public should be aware of this and never try to approach the animal but report sightings to the police.

Bears will stop and feed at bird feeders or uncontained garbage, so it is a good idea to keep garbage contained and waste around the bottom of bird feeders clear of debris.

Press release:

The City of Batavia Police Department is investigating the finding of skeletal remains from a residence on Seneca Avenue. 

The remains were turned over to the Police Department on May 18, 2014 by a relative of an elderly resident on Seneca Avenue. Family members found the remains upon cleaning the house out. The family indicated that another relative, whom passed away in the 1970s, found the remains while at Letchworth State Park in the 1940s or possibly 1950s. 

The remains have been sent to the NYSP Crime Lab in Albany for processing. The processing will be to positively identify whether or not the remains are in fact human and to provide for DNA testing. Results of this testing will not be available for three to four months. 

Anyone with any information is urged to contact the City of Batavia Police Department’s confidential tip line at (585) 345-6370 or visit the city's Web site.

This guitar was stolen from a local woman and pawned at a local pawn shop. The pawn shop has no record of who bought the guitar. Paul Draper is trying to recover the guitar for his aunt. If you know the whereabouts of the guitar, e-mail Paul at TheGCMG@Gmail.com.

It's been a litigious year so far for the City of Batavia, so the City Council is being asked to vote on a budget amendment that would increase legal spending by $71,733.

About $50,000 of that expense is related various lawsuits and Article 78 claims, including the ongoing legal battle between the City and the Mall Merchants Association (the city is both being sued and suing).

City Manager Jason Molino didn't say what portion of that $50,000 in extra litigation expense is because of the mall lawsuits.

"The amount of litigation can't be predicted," City Manager Jason Molino told the council. "I can't tell you how many claims we're going to get. For example, we've had three more claims in just the past week."

The City Council will be asked to vote on the budget amendment at it's next business meeting in two weeks.

Claims and legal matters against the city range from snowplows knocking over mailboxes to tax assessment challenges.

"Unfortunately, we live in a litigious environment," Molino said. "Two things: one, anybody can sue for anything; two, a municipality, I think, is usually a higher target than most because they're viewed as having an unlimited amount of resources. That's the nature of being in this country and the nature of being a municipality. As long as we own property as a municipality, as long as we provide services, we're going to be the subject of litigation regardless of the merit."

While the city has been subject to some claims Molino characterized as meritless, there has been other litigation -- such as Terry Platt and Platt Properties' Article 78 action over his planned rooming house on East Main Street -- that might have more substance.

Each case, whether frivolous or serious, generates not only legal fees, but staff time for research and investigation, Molino said.

"With any claim, there's an assessment that's done internally to understand the risk, to understand the city's exposure, understand the merit of the city's case, understand the merit of the city's position, versus the merit, or in many cases, the lack of merit, of the opposing party," Molino said. "In all of those circumstances, we do that analysis to understand how do we resolve this amicably and how do we resolve it in our best interest."

Another $28,000 of the city's extra legal expenses have been related to redevelopment projects, such the Carr's Warehouse building and the Della Penna property.

The city's annual legal expenses include the city's attorney, George Van Ness and his law firm, outside council on specific cases, labor relations counsel and prosecution of code violations.

Molino didn't have a count available of how many individual cases the city has handled so far in 2014.

Molino said there have been years of fewer legal cases and years of an even greater volume of claims against the city, which is why, he said, legal expenditures are always hard to nail down at budget time.

Also not available is how much the city has spent on legal services over the six years it's been in some form of legal battle with the Mall Merchants Association.

Ben Franklin famously warned, "If we don't hang together, by heavens we shall hang separately."

City Councilman John Canale thinks it's time the various agencies working in the City of Batavia do a better job of hanging together.

To that end, he's asking his fellow council members to authorize a little extra spending: About $1,900 to help the Batavia Improvement District pay for the colorful hanging baskets lining Main Street again this year.

"Unfortunately, there's a lot of division of agencies in the city that are all working for the betterment of the city, but nobody wants to get on the same page," Canale said.

The BID stepped forward and paid $10,000 toward the cost of garbage dumpster containers off School Street. Now the city can reciprocate by pitching in for the flower baskets.

City crews hung the baskets at the behest of the BID on Friday, in time for Memorial Day.

Canale acknowledged that the city funding Vibrant Batavia has been a sore spot for some, and the city pitching in on the hanging baskets can smooth things over a bit.

"The BID doesn't have to do all the things they do," Canale said. "They don't have to put up flowers to make our Downtown more beautiful and more attractive to future businesses or businesses that may want to relocate. I think it would be great for the city to partner on a project like this."

Flowers Downtown are part of the city's economic development efforts, Councilwoman Patti Pacino said.

"Whether people choose to believe it or not, STAMP is enormous," Pacino said. "The ag park. These are all new people who don't live here, haven't lived here, and I'm going to guess they're married and have children. I'd like them to come in and see this is a good city to raise children in and live in. Flowers in the city, it sounds like such a small thing, but it makes it that much more interesting, that much more available, and that much better to come here."

Councilwoman Kathy Briggs suggested the city already does its share by watering the baskets.

Asked after the meeting about the city's contributions to hanging flower baskets Downtown, City Manager Jason Molino said, "The city does a lot of participation and cooperation with the Business Improvement District because we value improving our Downtown and our business community, and that helps the community as a whole. This is another one of those circumstances where we're going to partner with them to do more in the future."

From WBTA:

A Batavia family is grieving while struggling with the expense of burying their son.

Jamie Carney, a veteran of two tours of duty in Iraq and Afghanistan, died in New Jersey on Saturday. He was 27.

The cause of the young man’s death remains a mystery.

“His goal this past weekend was to go to New York City for the first time in his life, see New York City, come home for Memorial Day to the Rubin family in Massachusetts where it was their son’s birthday. He was going to celebrate Memorial Day and the birthday with this little boy. He never made it back because he died in a hotel room,” said Paula Zirbel, a close friend of the family’s.

Zirbel said Jamie was being treated for post-traumatic stress disorder. However, he was starting to build a life in Boston and he had dedicated his last 16 months caring for a special needs child -- whose birthday was approaching -- and recently began his undergrad work in Early Childhood Development. That’s what makes his unexpected death that much more heartbreaking.

“When your son goes to war, as Dave and Elizabeth had told me last night,” she said, “you fear that this phone call is going to come. Once he goes through two tours and he comes home and he’s not okay for a while, you still fear that this phone call will come. When this phone call came, the family was finally happy and content for Jamie.

"He came home for Easter and claimed how much he had found some peace and some love for this little boy and a direction of what he wanted to do and he was starting to heal. So, this was a time when this phone call came that the family was finally relaxed, they were finally at ease. When the call came it was at a time when they were naively thinking everything was going to be okay.”

Read more on WBTAi.com.

You can donate any amount at this link anonymously:http://www.gofundme.com/9idz30

State Police say it disappeared much too fast -- a 1966 red Corvette was apparently stolen from the parking lot of Applebee's in Batavia at about 5 p.m., May 7.

The classic coupe has chrome side pipes, a black interior and is owned by a Wyoming County resident.

Anyone who is familiar with this vehicle or has information regarding this incident is asked to contact the State Police at (585) 344-3311.

Bradley Douglas Miller, 32, of Fullington Road, Attica, is charged with harassment, 2nd. Douglas was allegedly involved in a fight with a neighbor. Both parties suffered minor injuries.

Karen Marie Cummings, 45, of Alexander Road, Alexander, is charged with two counts of harassment, 2nd. Cummings is accused of fighting with a neighbor. Both parties suffered injuries in the incident.

Richard S. Ishmael, 49, of South Lyon Street, Batavia, was arrested on a bench warrant for alleged failure to appear. Ishmael was arraigned in Batavia City Court and jailed on $2,500 bail.

Wendy L. Henry, 29, of Central Avenue, Batavia, was arrested on a bench warrant. Henry was located at an address on Ellicott Street, Batavia. Henry was jailed on $150 bail.

Jeremiah P. Hackett, 27, of Taunton Place, Buffalo, is charged with DWI and failure to maintain lane. Hackett was arrested following an investigation by Officer Stephen Cronmiller reported at 2:19 a.m., Sunday. Hackett's vehicle reportedly struck a tree at 74 Oak St., Batavia.

John Sumlin III, 35, of Oak Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 3rd, and unlicensed operator. Sumlin was stopped at 3:30 a.m. Sunday on Park Road, Batavia, by Deputy Joseph Corona. Sumlin was jailed on $25,000 cash bail or $50,000 bond.

Jeffrey Mark Black, 49, of North Byron Road, Elba, is charged with felony DWI, felony driving with a BAC of .08 or greater and speeding. Black was stopped at 1:20 a.m. Sunday on Byron Holley Road, Byron, by Deputy Joseph Corona.

Andrew DeMara Hewitt, 29, of Locust Drive, Hamlin, is charged with petit larceny. Hewitt was arrested on a warrant for alleged failure to appear in Town of Byron Court. Hewitt was arraigned and released.