batavia

On the day his trial was to start this week, a 56-year-old Batavia man accused of menacing a police officer instead entered a guilty plea to one of the two counts against him.

Bill Thomas, of State Street, was arrested in March after an early morning standoff with the Emergency Response Team.

He pled guilty today to criminal possession of a weapon, 3rd, a Class D felony, satisfying both counts returned against him by a grand jury. 

There is no condition on sentencing. The maximum possible penalty is two and a third to seven years in prison.

Sentencing is scheduled for 1:30 p.m., Nov. 15.

He is being held in the Genesee County Jail.

Danielle Riley McMinn, 22, of South Cranberry Boulevard, North Port, Fla., is charged with: DWI; unlawfully fleeing a police officer in a motor vehicle, 3rd; reckless driving, failure to keep right; and moving from lane unsafely. McMinn was stopped by Genesee County Sheriff's deputies shortly after midnight on Oct. 12 on R. Stephen Hawley Drive when she allegedly failed to keep right. She then allegedly fled from deputies in her vehicle, leading deputies on a short pursuit. The pursuit came to an end when McMinn crashed her vehicle at the intersection of R. Stephen Hawley Drive and Bank Street Road in the Town of Batavia. She was subsequently arrested and jailed on $500 cash or $2,000 bond. She is to reappear in Town of Batavia Court at a later date. The case was handled by Sheriff's Deputy Jeremy McClellan, assisted by Deputy Andrew Hale.

Benjamin James Marien, 24, of Meadowbrook Terrace, Corfu, is charged with: operating a motor vehicle with a BAC of .08 percent or higher; DWI; speed in excess of 55 mph; and failure to keep right on a two-lane road. On Oct. 12 at 12:54 a.m., Marien was arrested following a traffic stop on Genesee Street in Pembroke. He was issued an appearance ticket for Town of Pembroke Court and is due there on Nov. 8. The case was handled by Genesee County Sheriff's Deputy Eric Meyer.

Matthew R. McQuillen, 33, of 38 Lathrop Ave. in Le Roy, was arrested on Oct. 10 by the Le Roy Police Department and charged with one count of petit larceny, a Class A misdemeanor. It is alleged that at 4 p.m. on Oct. 8 McQuillen stole a DVD from a store located on West Avenue in Le Roy. McQuillen was released on an appearance ticket to appear in Le Roy Town Court on a later date.

Shawn Richard Porter Cuyler, 18, of Vendome Drive, Gates, is charged with unlawful possession of marijuana. At 8:53 a.m. on Oct. 11, the subject was pulled over on the side of the road on Oak Orchard Road in Batavia because his passenger had gotten out to retrieve glasses that fell from the vehicle. The subject allegedly possessed several smoking devices containing marijuana, along with two bottles containing marijuana. He was issued an appearance ticket for Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by City of Batavia Police Officer Frank Klimjack.

A National Grid worker has called dispatch to report he's been locked in the basement of a home on Liberty Street by a resident apparently upset that he went down there to shut off the power.

Batavia PD responding.

A fire is reported in a lighting unit in the ceiling of Walmart on Veterans Memorial Drive, Batavia.

The unit is near the deli section of the store.

Town of Batavia fire dispatched.

UPDATE 10:03 p.m.: It's an issue with a light ballast. Town of Batavia fire back in service.

A car has reportedly hit a building, the KFC, at 4216 W. Main Street Road, Batavia.

There are no injuries reported and only minor damage, but there is a report of fluids leaking.

Town of Batavia fire responding.

Police received a report of a tall male pushing a shopping cart in the area of Ellicott Street and Liberty Street. He was reportedly pushing the cart in and out of traffic, creating a hazard, and touching himself.

A new report has come in that he's now on Central Avenue and handing items from his cart to small children.

Police are responding.

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Starting at 6:30 p.m. on Thursday, Oct. 13, Batavia Middle School will host its annual Open House for parents and students. The school is located at 96 Ross St. in the City of Batavia.

Participants may visit classrooms and other learning areas in a relaxed manner, meeting with any or all of their child’s teachers.

In addition, the Library Media Center will host the Book Fair, which is sponsored by our Parent Teacher Group.

Open House is focused on teachers and parents becoming acquainted and for parents to learn about the curriculum for their child(ren) this year. Each teacher will have materials on display and be available to meet and greet parents and answer general questions. Individual conversations about the progress of your child should be held at a parent-teacher conference, which can be set up at any time by calling the Counseling Center. 

There will be refreshments in the cafeteria, along with a Parent Portal table to sign up to be able to view your child’s electronic grade book. In addition, there will be table displays with information about various clubs.

Pictured from left: BHS Principal Scott Wilson, Business Administrator Scott Rozanski, Board of Education (BOE) Student Ex-Officio Member Madison Moore, Executive Director of Curriculum and Instruction Molly Corey, Citizen Action Member Eddie Jones, BHS teacher and Batavia Teachers Association President Mark Warren, Citizen Action Member David Cates, and Board of Education President Patrick Burk. (Superintendent of Schools Christopher Dailey was in Albany on school business so was unavailable.)

Submitted photos and press release.

The Batavia City School District welcomed Citizen Action of Western New York activists David Cates, Eddie Jones, and Samantha Nephew as they made a stop at Batavia High School this week on their way to Albany with an important message about education.

New York State has reneged on its constitutional and court ordered obligation to students, particularly students in high needs* districts such as Batavia, and it is payback time.

Board of Education President Patrick Burk presented Cates and Jones a “Past Due” invoice for $3.5 million to be delivered to the Governor’s Office on behalf of the Batavia City School District.

The trio is collecting other such invoices and statements from school districts as they travel to the state capital where they will meet up on Tuesday with like-minded activists and, they hope, lawmakers. Cates and Jones -- who both work in the educational field and whose inspiration for the trip comes from their own children as well as from working with other young people in their community -- are biking the Buffalo to Albany route with Nephew following by car.

Other affiliates of Citizen Action of New York from various parts of the state are walking to Albany.

The group’s intention is to spur lawmakers to pay the money owed to school districts in New York, as dictated by a 2006 court ruling which then was translated into the Education Budget and Reform Act of 2007. The court ruling affirmed the State’s constitutional obligation to provide essential resources for a quality education to all public school children in the state in order to graduate college-ready or career-ready citizens, regardless of their zip code. Subsequently, the legislation established a formula, to be phased in over a four-year period, designed to ensure adequate and equitable funding for all schools by calculating state aid based on students' needs and a district’s ability to raise revenue.

Legislators obeyed the law for two years, but when the economy took a downturn, they stopped obeying it and have not looked back. According to the Education Law Center, first, aid was frozen in 2009 at 37.5 percent of the four-year target. Then for the next two years, aid was cut by $2.7 billion in the name of Gap Elimination Adjustment that used school aid to balance the state’s overall budget. The GEA money has recently been restored, but the Reform Act has yet to be rekindled.

Thus, the bill for $3.5 million.

Batavia administrators, teachers, and Board of Education trustees agree that $3.5 million could provide a lot of “more and better” for our students, and ideas of how to spend it abound: reinstate courses; reduce class sizes; provide a greater variety of courses; offer multiple sections of selected courses so more students could take advantage of opportunities; hire more aides for classrooms; increase individualized instruction; increase professional development opportunities; and/or lower taxes.

“It’s important to make sure all of our students have their needs met,” said Burk as he thanked Cates and Jones for highlighting the issue. “This could do a lot.”

*“High needs” is typically defined as having a high percentage of students who qualify for free or reduced-priced meals.

An array of fresh, healthy, tasty salads, wraps, fajitas, pitas and "fun food" like Jersey Shore "Disco fries" is offered at a new eatery on West Main Street in Batavia's Valu Plaza.

Fab Fajita & Pita is a place where you can "Wrap up some WOW!" The menu boasts a moveable feast that spans the globe: Mexico, Italy, Sicily, Greece, Asia with options to build your own or suit to your liking.

If you have a sweet tooth, you'll appreciate the flaky, honey-laden baklava, moist cookies and hefty brownies -- all made from scratch.

"What we offer is fresh, high quality, afforable food," said owner Victor Canastraro, who lives in East Amherst and would like his first foray into the restaurant business to be successful enough to grow into several locations.

Crafting the menu and trying out different combinations and flavor profiles took time. The result is a range of uncommon fare prepared in a spotlessly clean kitchen for diners in a spotlessly clean, spacious eating area.

Some menu items that "just hit" and just right, too:

One appetizer is the Red Eye Fries ($4.25) -- fries topped with two eggs sunny side up and a spicy Sriracha sauce that "will make your eyes pop!" The Asian Salad ($5.95) is made up of a fresh spring lettuce mix with mandarin oranges, Roma tomatoes, fresh strawberries, sliced almonds, served with sesame ginger vinagrette, topped with crispy Asian noodles.

"The Greek" ($5.95) is a traditional pita filled with gyro meat -- a mixture of beef and lamb perfectly seasoned, with lettuce, tomato and feta cheese, topped with a snappy Tzatziki sauce. "The Sicilian" ($6.50) features succulent calamari, wrapped with lettuce, tomato, lemon juice and topped with a special homemade sauce.

At Thanksgiving time, they plan to offer a wrap and/or pita that will include turkey, stuffing and gravy.

"We experimented," Canastraro said. "We wanted something that explodes in your mouth. I enjoy making flavor. I pride myself on being creative."

He has some experience in the flavor department. For the better part of the last decade, he has grown a successful chain of electronic cigarette shops, and flavor is mighty important to e-cig consumers. He has two stores in Rochester, one in Irondequoit, one in Gates, one in Depew, and two in Florida.

The 43-year-old also knows the food business can be "a nightmare" -- his dad was in the restaurant business. But he's up to the challenge of building something from the ground up after an official with Valu Plaza convinced him that a specialty restaurant would be a good fit for the location.

Getting it ready to open was "a hell of an awakening."

He spent $80,000 on new equipment that included refrigerators and freezers, new paint, new tables and chairs. He took some solace in at least not having to buy a new heat and fire-suppression system. That was, until an inspector came out and found two holes on the sides of the existing system (used at this former restaurant site) and said it, too, would have to be replaced.

Done.

A week ago Monday, some friends and family and a few others stopped by for a training day, which ended up being quite busy and prompted some additional equipment purchases. Fab Fajita & Pita officially opened Sept. 30.

His credits his father, the son of Sicilian immigrants, with teaching him the value of hard work.

"My father was the kind of guy who always had a full-time job, plus a part-time job," Canastraro said. "He always told me 'If you want anything in this world you have to work for it.' "

One lesson was learned when the younger Canastraro became a new father at age 20 and money was tight. His utility bill came due and he needed money to pay it. He asked his dad for help. His dad said "Are you hungry? Come over and I'll feed you a bologna sandwich. You need a loan? Go to the bank."

"It was the best thing he could have taught me," Canastraro says in hindsight.

Eventually, the grandson of Sicilians got into the mortgage and finance business and succeeded. He's lived in Fort Lauderdale and West Palm Beach, Fla., and in Colorado.

In sensing the economic climate and the state of the real estate business in 2007, he convinced his wife, Dawn, to sell their assets in 2007 and move back to Buffalo in 2008. It was a fortuitious move.

"I like Buffalo," says its native son. "People drive a Chevy Impala if what they can afford is a Chevy Impala, not a BMW."

Dawn is the baker in the family. He credits her with the ability to make "50-pound brownies" that will have you "grinning from ear to ear."

"It's all about love," Canastraro said, noting he is "blessed with an unrivaled faith in God." "Take care of people. If you do that -- the guy upstairs -- whatever you want to call it -- takes care of us."

To that end, he said he hopes to grow with the community in Genesee County, which he believes is uniquely poised for growth, and be charitable, especially to first responders, the disabled and veterans.

Fab Fajita & Pita is open Monday through Thursday from 11 a.m. to 10 p.m., Friday and Saturday from 11 a.m. to midnight. Closed Sunday. The address is 4125 W. Main Street Road. (www.fabfajita.com).

Bill Buckenmeyer clocked in with the best time in the YWCA's annual Stiletto & Sneaker Walk to help raise awareness and raise funds to combat domestic abuse. 

Participants in the event included student-athletes from area high schools and Genesee Community College, all wearing purple as a sign of support for the victims of domestic abuse. 

Jill Louise Hanlin, 39, of Alexander Road, Alexander, is charged with endangering the welfare of a child. On Oct. 4 at 2:30 p.m., while investigating an overdose, it was determined that the subject allegedly overdosed on heroin, had passed out, and had to be transported to UMMC. The subject was found by her son after he came home from school. The subject was the only adult home and was responsible for the care of her child. The subject was arrested, issued an appearance ticket for Alexander Town Court at 5 p.m. on Oct. 25. Medical staff on scene notified Child Protective Services. The case was handled by Sheriff's Deputy Kevin Forsyth, assisted by Sgt. Jason Saile.

Linda A. Kupka, 49, of 940 Hardy Road, Cadiz, Ky., is charged with: first-degree falsification of business records; second-degree endangering the welfare of a physically disabled person; willful violation of health laws; and physical abuse/neglect/mistreatment. The incident(s) allegedly occurred at 3 p.m. on Jan. 12 at the GC Nursing Home, 278 Bank St. in the City of Batavia. NYS Attorney General's Office requested assistance from City of Batavia Police Department in arresting Kupka, a previously employed healthcare worker at the Nursing Home. She was arraigned at 2 p.m. on Sept. 27 before City Court Judge Balbick and put in GC Jail in lieu of $1,000 cash bail. The case was handled by Batavia Police Officer Frank Klimjack.

Robert M. Schryver, 53, of North Spruce Street, Batavia, is charged with forcible touching. He allegedly touched the intimate parts of another person without that person's consent at 5:45 p.m. on Sept. 28. He was arraigned and jailed in lieu of $1,000 cash bail. The case was handled by Batavia Police Officer Frank Kilmjack.

Darleen Ann McComb, 58, of East Main Street, Batavia, is charged with second-degree harassment. At 7:05 p.m. on Oct. 3, Batavia Police were called the Emergency Room at UMMC after McComb, who was a patient, allegedly kicked a hospital employee. She was arrested and issued an appearance ticket for City Court on Oct. 11. The case was handled by Batavia Police Officer Arick Perkins.

Salvatore M. Schwable, 19, of South Pearl Street, Oakfield, is charged with: resisting arrest, second-degree obstruction of governmental administration; trespass; and unlawful possession of marijuana. The subject was arrest at 3:01 a.m. on Sept. 29 on Bank Street following an investigation into a trespass complaint on State Street a short time earlier. He was jailed on $2,500 cash bail and was due in City Court Sept. 29. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Peter Flanagan.

Darrin Mitchell Brown Sr., 27, of Platten Road, Albion, is charged with failure to obey a child support order, which was issued Aug. 2. The subject was turned over to the Genesee County Sheriff's Office on an arrest warrant out of Batavia Town Court after allegedly being involved in a larceny at Walmart in Orleans County. He was arraigned in Town of Batavia Court at 3:30 p.m. on Oct. 3 and put in jail in lieu of $1,000 cash or $2,000 bond. He was due in court on Oct. 4. The case was handled by Sheriff's Deputy Chris Parker.

Dawshawn A. Suber, 23, of East Main Street, Batavia, is charged with third-degree identity theft, third-degree forgery, and petit larceny. It is alleged that Suber stole a paycheck from a coworker at 5 p.m. on Sept. 16 and cashed the check at a local business. Suber was issued an appearance ticket and is due in City Court on Oct. 25. The case was handled by Batavia Police Officer Christopher Linsday, assisted by Officer Arick Perkins.

Annette Joy Waleski, 50, of South Pearl Street, Oakfield, is charged with DWI, aggravated DWI with a BAC of .18 percent or higher, and unsafe tires. Waleski was arrested at 5:31 p.m. on Oct. 2 on Main Street in Oakfield after a motor-vehicle accident in the Village. She was released on appearance tickets for Oakfield Town Court on Nov. 14. The case was handled by Sheriff's Deputy Mathew Clor, assisted by Deputy Michael Lute.

Melynda M. Gayhart, 28, of North Avenue, Le Roy, is charged with: DWI -- common law; aggravated DWI with a BAC of .18 percent or greater; and failure to yield right-of-way on left turn. Batavia Police responded to Oak Street at 1 a.m. on Oct. 1 after receiving a complaint about erractic operation. Gayhard was arrested following a traffic stop, then released on appearance tickets for City Court on Oct. 12. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Matthew Wojtaszczyk.

Katelyn L. Walsh, 21, of Redfield Parkway, Batavia, is charged with DWI -- common law, DWI with a BAC of .08 percent or more, and having no tail lamps. At about 2:26 a.m. on Sept. 25, Batavia Police conducted a traffic stop on a Jeep with no tail lamps on Main Street in the City of Batavia. Upon further investigation, Walsh was arrested for allegedly operating the vehicle while in an intoxicated condition. She is due in City Court on Oct. 12. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Bolles.

Joel Sebastian Puma, 41, of Walnut Street, Batavia, is charged with third-degree criminal mischief. At 10:35 p.m. on Sept. 27, Batavia Police responded to a residence on Walnut Street for the report of a male/female physical altercation. Following an investigation, it was revealed that during an argument, Joel Puma allegedly damaged the female's phone, which was valued greater than $250. He was arrested, arraigned and released on his own recognizance. He was due back in City Court on Sept. 28. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Mark E. Green, 34, of 75 Center Street, Warsaw, is charged with fourth-degree criminal mischief. He had an active arrest warrant out of Batavia City Court and was located at the old GC Courthouse and taken into custody. It is alleged that on June 25 Green removed a vehicle from a driveway on East Main Street in the City and in doing so caused damage to the driveway. He was arraigned and released on his own recognnizance and is to appear in City Court at a later date. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Sgt. Matthew Lutey.

Jacqueline Michelle Bigelow, 51, of Prune Street, Batavia, is charge with dog running at large. At 11:18 a.m. on Oct. 4, Batavia Police responded to the area of South Spruce Street for the report of a large tan and black dog running loose. Police and Animal Control attempted to capture the dog for more than 30 minutes and found that the dog was owned by Bigelow. She was issued an appearance ticket for Oct. 11 in City Court. The case was handled by Batavia Police Officer Arick Perkins, assisted by OfficerJames Sheflin.

Robert M. Freeman, 24, of State Street, Batavia, is charged with petit larceny. He allegedly stole a bottle of alcohol from a business on West Main Street in Batavia on Sept. 28. He was arrested at 3:24 p.m. on 8351 Lewiston Road. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Shane Zimblis, 45, of East Main Street, Le Roy, is charged with criminal mischief. Zimblis turned himself in at Batavia Police Headquarters on an arrest warrant out of Batavia City Court for a criminal mischief charge, which stemmed from an unspecified incident on West Main Street, Batavia, on Oct. 3. He was issued appearance ticket and was due in City Court Oct. 4. The case was handled by Batavia Police Officer Jason Davis.

Nathan Samuel Love, 23, of Montclair Avenue, is charged with failure to appear. He was arrested on an active bench warrant out of Batavia City Court for allegedly failing to appear for a court date. He was issued an appearance ticket and turned over to another jurisdiction on a warrant for a separate matter. He was due in City Court Oct. 5. The case was handled by Batavia Police Officer Chad Richards.

Press release:

"Shock and Alarm: What it was really like at the U.S. Embassy in Iraq?" is the title of a  book written by Hugh Iwanicki, former Batavian, son of attorney/judge Don and Corrine Iwanicki.

Hugh will be at the Holland Land Office Museum at 7 p.m. on Friday, Oct. 7^th to review his book and talk about his experiences. He looks forward to meeting the people of our community and will be happy to sign books prior to and after his presentation.

This is open to everyone. There is no charge for the presentation, but donations are always welcome at the Museum. Call the museum for more information at 343-4727.

"Shock and Alarm" is a riveting behind-the-scenes exposé of daily life at the Baghdad Diplomatic Compound in 2009, providing an insightful look at the culture clash taking place between the Islamic world and the West. This is Hugh's personal story of the 11 months he served as a performance auditor for the Office of the Inspector General at the Embassy.

The book exposes the Islamist Agenda via firsthand accounts, which takes us through Hugh’s transformation from a liberal-spirited American to a man confronted by the harsh realities of the Middle East.

Hugh’s realization: From a Muslim perspective, the only way to truly “respect” Islam is to either convert to it or accept it as a superior religion by submitting to its political hegemony.

Today, Oct. 6, the City of Batavia Water Department is repairing a fire hydrant on Redfield Parkway. Work began at 9 a.m. The water will be turned off on Redfield Parkway from West Main Street to Richmond Avenue. The city will keep water service interruption to a minimum.

This work may result in a period of discolored water in this general area after service is restored. Residents should check to make sure water clarity has returned before resuming activities such as laundry which may be impacted.

A car has reportedly hit a deer on Richmond Avenue, in front of the New York School School for the Blind.

The only injury reported is cuts from glass.

City fire and Mercy EMS responding.

The arrest came after Lane allegedly followed a family throughout local stores.

Lane was arraigned in the Town of Batavia Court and put in Genesee County Jail pending a future court date.



 

On Oct. 1, 2016 SP Batavia Troopers arrested Nathan Constantino, 20, of Batavia, for driving while ability impaired by drugs and for possession of marijuana. Following a traffic stop on Route 33 in the Town of Stafford, Constantino was allegedly found to be in possession of marijuana and failed field sobriety tests; he was subsequently arrested. Constantino was processed and released on appearance tickets returnable to the Town of Stafford Court.

Zachary M. Bower, 19, of Shady Lane, Batavia, is charged with unlawful possession of marijuana. The defendant was allegedly found in possession of marijuana while a deputy was investigating a suspicious vehicle near the Village of Bergen Park at 2:36 p.m. on Sept. 29. He was issued an appearance ticket returnable to Bergen Town Court on Nov. 2. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Michael Robert Simcick, 22, of Keeney Road, Le Roy, is charged with unlawful possession of marijuana. He was arrested after the strong odor of marijuana was allegedly detected emanating from his vehicle during a traffic stop at 5:44 p.m. on Oct. 3 on West Main Street in Le Roy. He is due in Le Roy Town Court on Oct. 20. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.