batavia

UPDATED 3:25 p.m.

An attorney for one of the city firefighters accused of bookmaking said after a court appearance today that he expects the case to be resolved by Dec. 11.

That's when the three defendants in the case will return to Batavia City Court.

The defendants, Gregory Phillips, 39, of Belvedere Lane, and Brian Bordinaro, 43, of Prospect Avenue, both city firefighters, along with 41-year-old Lance Engel, of Wade Avenue, who's a chef at the Western New York Veterans Home, appeared in court today with their attorneys.

After an appearance for his client Phillips, attorney Larry Andolina said that discussions were taking place that could resolve the case and he expected a resolution by Dec. 11.

Asked if that meant a plea deal, he said he didn't know. Asked if there's a chance the charges cold be dropped, he said, "there's always a chance." Asked if there were any new developments in the case, he said, "no." 

District Attorney Lawrence Friedman confirmed that his office and attorneys for the three defendants have been in discussions. He noted that the defendants have waived their right to a speedy trial in order for discussions to take place.

Judge Robert Balbick set today's appearance date six months ago, giving the prosecution and defense a chance to work a deal or time for the DA to submit the complicated case to a grand jury.

The case has apparently not yet been presented to a grand jury.

"Typically, a case does not go to the grand jury unless and until we are unable to resolve the case without doing so," Friedman said.

The three Batavia residents were initially charged with criminal possession of gambling records, a Class E felony. Later, an additional Class B felony charge of "enterprise corruption," under New York's racketeering statute, was added.

Attorney Thomas Keane, appearing for Engel, told Balbick that he has been in discussions with Friedman and in light of those discussions, he asked for the case to be continued until Dec. 11.

Andolina and Bordinaro's attorney, Joseph LaTona, also asked for an adjournment to Dec. 11.

Photo: Phillips arriving for court.

McKayla J. Kosiorek, 18, of 304 S. Jackson St., Batavia, Terrance M. Schramm, 22, of 9 Edwards St., upper, Batavia, Isaiah Johnson, 22, of 110 Walnut St., Batavia, Kassean L. Shannon, 20, of 119 State St., #4, Batavia, Matthew J. Reed, 28, of 141 State St., #3, Batavia, Anthony M. Manners, 21, of 354 W. State St., Albion, and Alicia M. Stankwick, 21, of 319 E. Main St., #2, Batavia, are all charged with criminal trespass, 3rd. The seven individuals are accused of trespassing at 10:53 p.m., Monday, at the New Life House of God Church on Swan Street, Batavia.

Some girls on Ross Street near Batavia Middle School are reportedly throwing rocks at passing motorists. A women whose car windshield was struck by a rock is at the police station filing a complaint and an officer is going to the scene.

The wife of a Batavia couple who were accused of welfare fraud will serve five years on probation, Judge Robert C. Noonan ruled in Genesee County Court today.

Deborah Schramm, 32, of Hutchins Place, Batavia, entered a guilty plea July 16 to attempted grand larceny, 3rd.

Originally, Schramm was charged with five counts of offering a false instrument for filing, 1st, and grand larceny, 3rd.

Her husband, Michael Schramm, was sentenced Sept. 7 to one-and-a-half to three years in prison after pleading guilty earlier to offering a false instrument for filing, 1st.

The Schramms will be required to reimburse the Department of Social Services $17,026.39.

The couple admitted to not disclosing Michael Schramm's full-time job at a farm in Niagara County from February 2011 through August 2011. During that time the Schramms were receiving financial assistance from DSS.

Cases of suspected welfare fraud can be reported to the Genesee County Department of Social Services Fraud Investigation Unit at (585) 344-2580, ext. 6417 or 6416. All calls are confidential.

Tyler J. Pratt, 16, of 41 Vine St, Batavia, is charged with criminal contempt, 2nd, menacing, 1st, and criminal possession of a weapon, 4th. Pratt allegedly called police at 11:35 p.m., Saturday, reporting a subject with a knife at a residence on Roosevelt Avenue. When officers arrived, they allegedly found Pratt in possession of the knife. Pratt reportedly ignored several orders to drop the knife and allegedly brandished it in a threatening manner toward officers. Pratt then reportedly attempted to flee and was taken into custody after a brief foot chase. Pratt is under court order to stay away from the residence of the alleged incident. Pratt was remanded to the Genesee County Jail on no bail. Officers who responded to the call were Frank Klimjack, Daryle Streeter, Eric Bolles and Jamie Givens.

Shari A. Yark, 50, of 4 Roosevelt Ave., Batavia, is charged with criminal contempt, 2nd, and endangering the welfare of a child. Yark is accused of allowing a person at her residence at 11:35 p.m., Saturday, who was barred from the residence and of contacting her daughter while allegedly knowing a stay away order of protection is in place.

Antonio Michael Giglia, 22, of Amherst Street, Buffalo, is charged with grand larceny, 4th, conspiracy, 5th, petit larceny, criminal possession of a controlled substance, 7th, and possession of burglary tools. Giglia was apprehended following a complaint of larceny at Target. The suspects allegedly left stolen merchandise behind and fled the store. Deputies later located the suspects' vehicle. Also arrested was Amanda Rose Renza. Renza is charged with grand larceny, 4th, conspiracy, 5th and petit larceny. The case was investigated by deputies Joseph Graff and Patrick Reeves.

Leon C. Bloom Jr., 30, of 5 Thorpe St., Batavia, is charged with burglary, 2nd, criminal mischief, 4th, and petit larceny. Bloom was taken into custody following a report of a burglary in progress Saturday at a location on Fordham Drive. Bloom was also charged with criminal obstruction of breathing, criminal mischief, 4th, petit larceny and harassment, 2nd. Those charges stem from an unrelated incident earlier in the day.

Kevin Edward Moscicki, 25, of Jakaub Road, Elba, is charged with DWI, driving with a BAC of .18 or greater, refusal to submit to breath test, failure to yield right of way for emergency vehicle and driving left of pavement markings. Moscicki was arrested following a report at 8:16 p.m., Thursday, of a hit-and-run accident on Route 33, Town of Batavia. The suspect vehicle rear-ended a car parked on the shoulder of the roadway and fled the scene. At 9:05 p.m., dispatchers received a report of a Chevy pickup with front-end damage that was stopped at the intersection of Route 77 and Gabby Road, Town of Pembroke. The pickup was located by Deputy Patrick Reeves. Moscicki is also accused of leaving the scene of a property damage accident and moving from lane unsafely.

Melissa A. Williams, of Lake Street, Le Roy, is charged with petit larceny. Williams is accused of stealing two cans of Four Loko from a convience store in the village. Williams allegedly still possessed one can when she was located by Le Roy PD.

John W. Williams III, of 8170 Batavia Stafford Townline Road, Batavia, is charged with DWI. Williams was arrested by Batavia PD on a warrant. Williams was jailed on $1,000 bail.

Danny D. Williams, 24, of 18 East Ave., upper, Batavia, is charged with harassment, 2nd. Williams is accused of punching another person in the face and grabbing that person by the hair during a domestic incident at 10:40 p.m., Saturday. Williams was jailed on $250 bail.

Steven J. Mancuso-Haitz Jr., 28, of 110 Bank St., Batavia, is charged with criminal contempt, 2nd. Mancuso-Haitz turned himself in on a warrant for allegedly sending a letter to a protected party.

Dashawn Butler, 33, of 101 Summit St., right side, Batavia, is charged with unnecessary noise. Butler is accused of hosting an excessively loud party at his residence.

Scott C. Brown II, 24, of 3490 S. Main St. Road, Batavia, is charged with unlawful possession of marijuana. Brown was reportedly asked to leave a local business for allegedly being unruly. When police arrived they found him allegedly in possession of marijuana.

Submitted by Mike Henry:

The Batavia Bulldawgs varsity squad beat Akron 36-12 to earn a spot in the NOFA League Championship game. They will play Bar-Lyn next Saturday at 5 p.m. in Medina.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Tuesday, Oct. 23 and Wednesday Oct. 24, from approximately 9 a.m. to 3 p.m. in the general area south of East Main Street and east of Jackson Street. Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored.

Photo and info submitted by Justine Bonarigo:

Batavia High School's varsity cheerleading squad placed first in the Co-Ed Division at Webster Schroeder Competition held Sunday. They will take on the sectional competition this Saturday at R.I.T. for the Class B division title.

The team includes: Samantha Saraceni (captain), Codie Grazioplene (captain), Macey McCulley, Whitney Athoe, James Murphy, Megan Wilcox, Miranda Reed, Heather Lewis, Makaela Kitcho, Katie Garlock, Danielle DellaPenna, Kayla Corp, Alexandria Ernst, Allison Smith, Teiona Kemp and Alex Rebman. Coached by Marianne Sallome and Justine Bonarigo.

A deer ran down Ellicott Street this evening, damaging the windows of two businesses before it was tracked to the end of Maple Street and dispatched by a Batavia police officer.

The deer first rammed a window of an office complex near Hutchins Street and then continued west before making a charge at the storefront of American Trust Gold & Coin Exchange at 239 Ellicott St.

Two residents of the building, Adam Ganzhorn and David King, tracked the animal to the end of Maple Street, at the industrial complex there, and a Batavia police officer killed it at that location. The six-point buck was tagged and Ganzhorn and King took possession of the animal.

Frank Bellucci and his son, from Short Notice handyman service, boarded up American Trust, which had its entire front window blown out, and expected to board up the other business as well.

It's not unusual for me to take a turn down Old Creek Road when I'm out and about, and mid-day today, that's exactly where I found myself. Here's four photos.

A reader told us a deer smashed into the window of the gold store across from The Pok-A-Dot and then went further down Ellicott Street into the plaza where the pizza place is and caused some havoc there, too. City police are responding.

Notre Dame has faced Dundee in four of the past five seasons of sectional play, losing in overtime on a questionable no-call penalty, falling in a blow-out where some thought Dundee ran up the score, and then failing to hold a late fourth-quarter lead.

The tables were turned on Dundee today as the Fighting Irish notched a first-round victory 28-6.

ND went after Dundee with a well-distributed offense. Touchdowns were scored by Nick Taylor, Tim Culley and Anthony Paladino. McCulley also connected with Taylor on a TD pass.

McCulley was 7-15 on the day for 128 yards, the TD, plus two interceptions.

Taylor gained 128 yards on 17 carries. He also had four receptions for 65 yards. Andrew Mullen rushed 13 times for 91 yards.

Charlie Bebert caught the ball three times for 63 yards.

Defensively, Taylor had six tackles, Brian VonKramer, five, Herbert, 5.5 and Mullen 4.5. Mullen added an interception, as did Josh Johnson. Joe Ryan notched a sack.

For Dundee, Aksel Jensen scored their lone TD and rushed five times for 27 yards.

Photos by Bare Antolos.

More photos by Bare after the jump (click on the headline):

City police are responding to a report of an abandoned dog, tied to a pole, in front of Dunkin' Donuts, located at 136 W. Main St.

UPDATE 3:42 p.m.: The dog is being taken to the Genesee County Animal Shelter.

There's a frisky fox causing trouble and its been the subject of complaints in the city over the past few days. A few minutes ago, the critter "acted aggressively toward a patron" who was about the enter the theater at 56 Harvester Ave., according to a caller to the emergency dispatch center.

It was subsequently reported to be laying in the road on Haller Place, across the street. Now its spotted on the west side of the Graham Manufacturing Corp. property. Police are responding.

UPDATE 12:21 p.m.: The carcass of the fox will be picked up by a county worker in about 10 minutes. It's located east of Harvester Avenue, west of the railroad tracks.

Workers repair the facade at I.R. Systems, a DirecTV dealership, on West Main Street, Batavia, after a car had slammed into the front of the building.

The driver apparently stepped on the gas by mistake while pulling into a parking spot. Nobody was hurt in the accident, but judging from the video below, it's possible somebody could have been hurt. The car suffered only very minor damage, according to I.R. Systems staff.

The accident occurred about 1 p.m.

Every year in Genesee County, 350 people are diagnosed with cancer and 100 people die from cancer, which is why, according to a group of the American Cancer Society who were in Batavia today, cancer should be an important election issue.

Americans need research and treatment for the disease and the assurance of funding for both, according to Hillary Clarke, director of federal government relations, so this is an issue voters should take up with candidates for office.

At www.cancervotes.org is a voter's guide for the presidential election with responses from the two major party candidates, but Clarke said neither of the candidates for the NY-27 Congressional District responded to the Cancer Action Network's survey.

Contacted today, a spokesman for Kathy Hochul's campaign said Hochul did respond and her answers are posted on the Web site. We've not been able to find those answers and requested a direct link to the appropriate page.

The spokesman for Chris Collins, Micheal Kracker, sent the following statement in response to a simple question of what would Collins do to support the fight against cancer.

"As the brother of a cancer survivor, Chris Collins knows how important it is to support cancer research. Chris also recognizes how important it is to make sure no government bureaucracy stops doctors from giving patients like Chris' sister the treatment they need to stay healthy. We need to be sure that doctors, not government bureaucrats determine how best to care for patients. We must also promise to protect Medicare for our seniors so they continue to receive the access to affordable care they paid for their entire lives."

We'll update this post if any additional information comes in.

UPDATE: Statement from Angela Pause-Smith, communications director, American Cancer Society Cancer Action Network, Inc.: "Neither candidate responded to our questionnaire so there actually isn't a Voter Guide for this race. I'm sorry if someone told you that there was one."

UPDATE II: As soon as I posted the update above, Pause-Smith emailed the following: "So I learned literally a moment ago that late this afternoon Hochul returned our questionnaire. There is a process we need to follow to post it on our Web site and we've asked for that process to be expedited so you can see the responses, but I can't provide a time that they will be available."

UPDATE III: Pause-Smith clarifies: "It may not have been late this afternoon that she returned it, I just learned of it late this afternoon. We received it sometime today."

UPDATE IV: Hochul's answers are now available, click here.

Photo: Julie Kumiega, Hillary Clarke and Karen Hall.

Alexander High School has never had a hockey team, but starting this season, players there will get to play varsity level hockey for the first time.

Batavia HS is facing a shortage of varsity level players this year, so Alexander and Batavia will come together to form the Batavia/Alexander Ice Devils.

Batavia Athletic Director Mike Bromley said when school officials realized there would be a shortage of players this year, the school held a meeting with the parents of hockey players and the parents took the initiative to get the puck rolling on a possible merger with Alexander.

Once the idea was raised, things came together pretty quickly, Bromley said.

"Several students (in Alexander) expressed an interest," Bromley said. "We expect that anywhere from five to 10 students may try out."

The problem the Ice Devils faced, Bromley said, is that several seniors graduated after last season and then three varsity players elected to play in another, more advanced, hockey league.

That left Batavia not only with fewer players but also with a team of mostly ninth- and 10th-graders.

"There's a lot of hitting in hockey," Bromley said. "Hockey can be just as tough physically as football, but where you play only one game a week in football, with hockey sometimes you play two or three games a week, and trying to play ninth- and 10th-graders out there could be tough."

For Alexander, the opportunity is welcome by administrators, parents and players alike, said Athletic Director Ben Whitmore.

"All of these kids play together in youth leagues and they always dreamed of playing high school hockey, so to be able to give them that chance is very exciting," Whitmore said.