batavia

Press release:

This past Sunday, St. Joseph students in grades 4, 5 and 6 participated in the Third Annual X-STREAM Games and Expo at St. Joseph Collegiate Institute in Buffalo. Their fifth-grade team participated in the Science Scrimmage Competition, which consisted of building bridges and catapults. Their sixth-grade teams participated in the Shark Tank Competition. Their inventions were The “Crutch Carrier 2000” and The “Crazy Cone.” Their fourth-grade team won the “Love is in the Baking” Kitchen Chemistry Cook-off Competition! Congratulations to all these students and their teachers for the time and hard work that was put into preparing for this day!

Press release:

The Genesee County 4-H Youth Development Program will be offering the National Safe Tractor and Machinery Operation Program to local youth ages 14 to 18. This course will qualify youth to be certified to operate farm equipment for hire. The course is scheduled to run Saturdays, 8 a.m. to noon, beginning in January and running through March.

The training program encompasses 32 hours of hands-on instruction. Upon the completion of the training, each student will be required to take a 50-question knowledge test with a minimum passing score of 70 percent. Students who successfully pass the knowledge test will be permitted to take the Skills and Driving tests. After passing both the written test and driving tests, students ages 14 and 15 will receive their formal certification from U.S. Department of Labor, all others will receive a certificate of completion.  

The fee for the course is $25; youth are also required to be current enrolled 4-H members.

To request a registration packet or more information please call Cornell Cooperative Extension of Genesee County at 343-3040, ext. 101, or email: genesee4h@cornell.edu.

Patricia Guy, 68, of Yonkers, is charged with five counts of offering a false instrument for filing, 1st, and one count of grand larceny. The former Batavia resident is accused of claiming more people living in her residence than were actually living there, allowing her to collect more in food stamps than she was eligible to receive. The alleged falsified forms were filed between July 2012 and January 2015. She is accused of receiving benefits she wasn't entitled to of $1,474.47. She was arrested by Deputy James Diehl following an investigation by Michael Kowalczyk, principal fraud investigator for DSS.

A 16-year-old resident of Ridge Road, Albion, is charged with unlawful possession of marijuana and inadequate exhaust. The youth was stopped on Bloomingdale Road, Alabama, at 7:41 p.m. Friday by Deputy Eric Meyer.

A former JCPenney employee admitted in County Court today to stealing nearly $5,000 from the company's local department store earlier this year but can avoid prison time if she stays out of trouble for a year.

Danielle S. Cervone, 20, of Ellicott Street Road, Batavia, made full restitution to the store, $4,705, as a condition of accepting the plea offer from District Attorney Lawrence Friedman.

She entered a guilty plea to grand larceny, 3rd.

Cervone, out of jail on her own recognizance since her arrest, will be sentenced Jan. 31. According to the plea deal, she will be on interim supervision for one year. If she abides by the terms and conditions of probation, she will be able to withdraw her plea to the Class D felony and plead guilty to a misdemeanor charge of petit larceny with no agreement on sentencing.

Batavia Downs hosted its first ever Winterfest on Sunday and more than 2,000 people turned out.

Attractions included pictures with Santa, mini-golf, a ride on a horse-drawn carriage and a holiday movie.

Press release:

Members of the Arc of Genesee Orleans Board of Directors, a nonprofit that is a resource of choice for people with disabilities and their families for both Genesee and Orleans counties, accept a $2,500 check as winner of Tompkins Bank of Castile’s second Community Minute Challenge.

Through the social media contest, the public voted for select not-for-profits in Genesee, Orleans, Livingston, Monroe and Wyoming counties.

From the left are: John McKenna, president & CEO of Tompkins Bank of Castile; Kevin Graham, CFO of Arc; Shelly Kordish, director of Education Services; Carolyn Dawson, director of Administrative Services; Jill Pegelow, director of Community Services; Patricia Kepner, director of Quality/Compliance; Donna Saskowski, executive director.

We would like to thank the organizations that participated in this round and who continue to do great work in our community: ARC of Genesee and Orleans County, Arts Council of Wyoming County, Big Springs Historical Society, Bishop Sheen Ecumenical Housing, GCASA, and Mercy Flight Central.  A third round of this contest will launch in early 2017 with details posted to Tompkins Bank of Castile’s Facebook page (www.facebook.com/TompkinsBankofCastile).

City firefighters are continuing to collect Toys for Tots at the Fire Hall on Evans Street, Batavia. 

Photo: via City of Batavia Firefighters - IAFF Local 896

Press release:

On 12/02/2016 at about 4 p.m. a male victim arrived at UMMC ED with apparent gunshot wounds. He was treated and then transferred to ECMC. During the investigation it was learned that the victim had a verbal altercation, with a person whom he knew, in the area of 107 Jackson St. During this altercation the suspect, described as a light-skinned male black about 5’10” to 6' tall, used a handgun to shoot the victim. If anyone has information on this incident you are asked to call Det. Sgt. Crossett at 345-6353.

Merry Christmas from Alex's! Give the gift of Alex's Place this holiday season and enjoy a great meal at home. Get two free heat 'n' eat BBQ ribs when you purchase two $25 gift cards, now through Dec. 31st. Click here for more information.

A man was reportedly shot late this afternoon in the City of Batavia according to sources.

Chief Shawn Heubusch said the police will release a statement later. 

No other confirmed details yet available. 

UPDATE 7:57 p.m.: Statement released by police:

A corrections officer working at the Genesee County Jail is being accused of having consensual sex with a female inmate, leading to his arrest and firing by the Sheriff.

Michael E. Glow, 36, of Batavia, is charged with rape in the third degree.

Though the sexual act was deemed consensual, under New York law, a person in custody is deemed incapable of giving consent when the partner is an employee of the corrections facility.

The incident allegedly occurred while Glow was supervising a work detail at a location in the City of Batavia on April 17.

The Sheriff's Office initiated an investigation recently after learning of the alleged sexual contact.

Glow, who worked at the jail for five years, was terminated by Sheriff Gary Maha when he was charged with the Class E felony.

Following arraignment in City Court, Glow was released under supervision of Genesee Justice.

Press release:

The Starowitz family visited the Genesee County Sheriff's Office yesterday bringing with them 100 bags of candy to show their appreciation and support for law enforcement and the Genesee County Sheriff's Office. Emma, James, Elizabeth and Collin (ages 10 to 5) have aunts and uncles who are officers in Virginia, and they made bags for them during a recent visit.

"The children decided they wanted to also let their local law enforcement know how much they appreciate what they do and for keeping them safe," said their mother, Sherry.

Each bag was put together by the children and a creative thank you note was attached.

Press release:

Work on constructing next year's school budget has begun and volunteers are being sought for the Budget Ambassador Program, initiated in 1996 as a way to increase communication with the community about the District's financial plan.

Ambassadors are residents of the Batavia City School District (BCSD) who volunteer and commit to serve on a committee, which meets with Superintendent Christopher Dailey and Business Administrator Scott Rozanski for three (3) two-and-a-half (2.5) hour evening sessions on Feb. 1, 8 and 15, with an alternate “snow date” scheduled for March 1.

Ambassadors review the preliminary 2017-2018 budget as developed by the administration within the parameters established by the Board of Education, and recommend to the Board any modifications they would like to see. The recommendations, while highly valued, are advisory rather than binding as the Board develops the Proposed Budget to be brought to voters. Ambassadors also agree to explain their work to any interested community member.

Persons interested in serving must notify the District in writing by Jan. 5. The letter of interest should include name, address, email address and daytime phone number and be addressed to BCSD Superintendent Christopher Dailey and the BCSD Board of Education at the District Administration Offices, 260 State St., Batavia, NY 14020.

The letters will be reviewed, with official appointments scheduled to be made at the Board of Education meeting on Jan. 10.

Press release:

On Friday, Dec. 2, funeral directors Justin Calarco-Smith, Joshua Smith and Steven Johnson of the H.E. Turner & Co., Bohm-Calarco-Smith, and Burdett & Sanford Funeral Homes were honored to present a check in the amount of $1,000 to Jim Neider and Tom Cecere of the Joint Veterans Honor Guard of Genesee County. 

This donation was made in the names of the 31 area veterans who the funeral home group was privileged to arrange funeral services for in the past year. 

The Joint Veterans Honor Guard is a dedicated group of volunteers comprised of veterans from across our county. They provide funeral honors to our fallen. The honors include a color guard, the playing of TAPS, and a firing squad. This year, they have rendered honors to more than 60 fallen veterans throughout Genesee County.

One of only a handful of such organizations statewide, Genesee County is extremely fortunate to have selfless volunteers who are at the ready in a moment’s notice.  They stand, without complaint, in the heat, cold, wind, snow and rain to pay final tribute to their comrades. 

“We are humbled by the members of our community who selflessly served this great nation. Additionally, we consider it a privilege to care for our veterans and their families when called upon,” said Funeral Director Justin Calarco-Smith, who along Joshua Smith, Randy McIntire, James Smith and Steven Johnson operate H.E. Turner & Co. Funeral Homes in Batavia and Bergen, Bohm-Calarco-Smith Funeral Home in Batavia, and the Burdett & Sanford Funeral Home in Oakfield.

“This donation will allow us to continue to honor and serve Genesee County’s veterans in the manner they deserve for a long time to come,” said Jim Neider, commander of the Honor Guard.

The funeral homes plan to honor the veterans they care for annually by making similar donations to a local veterans organization each year.

Photo: Steven Johnson, Tom Cecere, Joshua Smith, Jim Neider and Justin Calarco-Smith.

A local landlord appeared in County Court today to enter a not guilty plea to a four-count indictment that accuses him of falsifying records and stealing Section 8 rent money from the state.

The charges stem from a dispute, said his attorney Fred Rarick outside of court, between James Pontillo and officials in Genesee County (see statement at bottom of the story for clarification) over the proceeds from the estate of Jeanne Veronica Pontillo, the 25-year-old sister of James Pontillo who died in 2012 from a rare form of cancer.

“There’s a lot more to this than him going out and saying 'I’m going to rip off my estate,' " Rarick said.

Jeanne Pontillo was not an official business partner with James Pontillo, but she helped him with his real estate investment business, Rarick said.

“If you just look at the history of James and his sister, they worked together very well for many, many years," Rarick said. "I’ve known Jeanne and James and I saw the way they worked together. She did the office and James bought the properties and refurbished them. They had an incredible relationship.”

James Pontillo is Jeanne's sole heir. Her estate included her personal residence.

After her death, James continued to manage that property, even renting it out with, according to Rarick, the blessings of the County Treasurer's Office (see statement at bottom of the story for clarification)​.

Everything was above board, Rarick said.

James Pontillo even paid all of the taxes on his sister's property. He also paid all of the funeral expenses instead of waiting for the estate to do it, Rarick said.

“Because," Rarick said, "ultimately he said, ‘it’s all coming to me anyway.’ ”

There are other allegations related to the handling of the estate by the County, but documentation was not immediately available.

Most arraignments are uneventful but two issues came up during Pontillo's arraignment today: A dispute over whether Pontillo had previously violated his release under supervision contract and a really unusual dispute over an order of protection.

There was a prior allegation that Pontillo left the county without properly notifying Genesee Justice. He apparently went to Monroe County to deal with property he owns there. According to Rarick, the issue was amicably resolved because there was some question as to whether the proper message got to the proper person at Genesee Justice, but Pontillo had called Genesee Justice about his plans.

As for the order of protection, typically, a temporary order of protection is issued to a defendant barring contact or harassment by the defendant of the crime victim, persons making an allegation or key witnesses. 

District Attorney Lawrence Friedman tried to make just that point to Interim Judge Micheal Pietruszka today when a disagreement arose over an order barring Pontillo's contact with County Treasurer Scott German.

Pietruska asked Friedman if he anticipated any trouble and Friedman said he doesn't typically ask for orders of protection because he anticipates trouble, but because he wants to ensure there isn't a problem.

The request for an order left the territory of ordinary when Rarick noted that because of the ongoing estate case, Pontillo might have contact with German. Friedman said he wasn't aware of any example of anybody being arrested because they had contact with a person during normal court proceedings.

Pietruszka amended the order to ensure it didn't cover legal proceedings and Friedman expressed concern that the language was too vague.

At that point, Pietruszka plopped a big book of statutes on his desk and started thumbing through it and then read a passage covering the need to show cause for an order of protection. He then pressed Friedman to show cause.

Friedman said he didn't come prepared to argue that point because of the routine nature of an order of protection, so he didn't have the specifics in front of him, but there had been, he said, communication between Pontillo and German that would be of a concern.

Rarick then objected to the order, noting that the DA had failed to show cause. Pietruszka asked for the signed copy of the order back, said he was vacating it and ripped it up.

Pontillo was released under supervision of Genesee Justice.  

Previously: Landlord accused of falsely claiming to own a dwelling in Batavia (we've covered James Pontillo extensively over the years and this story contains links to most of that prior coverage).

Photo: File photo of James Pontillo at his property in Stafford.

UPDATE: 4:50 p.m.: We emailed Scott German to give him a chance to respond. Here is his statement:

I will not comment on pending litigation. This litigation has nothing to do with the county, other county officials, or county attorney’s. The only reason I am involved is because I am the county treasurer and according to NYS law, when surrogates court determines there is no one qualified to serve as administrator of an estate, the surrogate names the county treasurer; I don’t get a choice. Apparently, at the time, the court determined no one was qualified to serve and I was appointed.

A Level 3 sex offender facing a possible life sentence on his latest charges of alleged sexual conduct with a child won't get a chance to make bail, Interim Judge Micheal Pietruszka ruled in Genesee County Court this morning.

The convicted sexual predator facing new sex crime charges now also stands accused of lashing out while at the Genesee County Jail and injuring another person and causing damage to county property.

Marlek E. Holmes was arraigned in County Court this morning on three sealed indictments.

The first indictment contained counts of assault in the second degree, a Class D violent felony, and criminal mischief in the third degree.

Holmes allegedly attacked another person while at the jail on Oct. 30 and also damaged a holding cell that day.

The other two indictments contain a total of 29 counts of criminal contempt for allegedly violating a restraining order by contacting another person.

Holmes, who is being held without bail, was escorted into the courtroom by a Sheriff's deputy.

Already a Level 3 sex offender, Holmes was arrested in late October on charges of two counts of predatory sexual assault, two counts of predatory sexual assault against a child, two counts of incest in the first degree, sexual abuse in the first degree, rape in the third degree, criminal sexual abuse in the third degree and two counts of incest in the third degree.

The Buffalo attorney who has been by the side of Jacquetta Simmons throughout most of the Batavia woman's court appearances since 2012 has apparently had enough.

After Simmons failed to appear in City Court yesterday to be sentenced on a harassment conviction, Ann Nichols asked to be taken off the case.

The judge told her to submit her request in writing.

Simmons made international news on Christmas Eve 2011 when she delivered a "roundhouse punch" to the face of an older cashier at Walmart.

The case eventually went to trial, Simmons was convicted and given a lengthy prison term by Judge Robert C. Noonan. That sentence was overturned by a higher court and Simmons was sent to jail for a year.

The harassment charge stems from an altercation with a woman at an event at a local nonprofit's meeting room.

A warrant had to be issued for Simmons arrest after that case. She was eventually located and arrested.

With her failure to appear yesterday, Simmons is again on the wanted list.

Via our news partner WBTA.