batavia

Genesee County lawyers gathered for a photo shoot on the Old Courthouse steps Thursday. This was to conclude the ceremony celebrating the Genesee County Bar Association's 100th Anniversary.

In attendance were Sen. Michael Ranzenhofer (who joined the lawyers in the photo), Assemblyman Stephen Hawley, Genesee County Legislature Chairperson Mary Pat Hancock and professionals from the justice system at the state level.

Hawley and Ranzenhofer presented the proclamation to GCBA President Durin B. Rogers (middle).

Here are some closer views of the lawyers who attended:

For more information on GCBA, visit their Web site: www.gcbany.com.

Robert P. Leiser Jr., is indicted on three counts of aggravated criminal contempt in the first degree, two counts of assault in the second degree, reckless endangerment in the second degree and criminal contempt in the first degree. Leiser is accused of causing serious physical injury to a person under protection of a court order on July 24 in the Town of Alabama. He is accused of hitting the person with a flashlight causing serious physical injury. He is also accused of driving in a reckless manner, at a high rate of speed and without obeying traffic devices, with that person on a motorcycle while the protected person was not wearing a helmet. He is also accused of threatening that person with a flashlight.

Bradley J. Broadbent is indicted on three counts of criminal mischief in the fourth degree, criminal trespass, burglary in the second degree and petit larceny. Broadbent is accused of damaging ceilings in three bathrooms and the sink in one bathroom at the Liberty Square office complex at between 3 and 3:30 p.m., July 6. On the same date, at 4:05 p.m., Broadbent is accused of damaging the door frame and door plate of an apartment on Hutchins Street. He is accused of entering that dwelling without permission. On the same date at 8:13 p.m., he is accused of damaging the exterior door of a residence on Tracy Avenue. He is accused of entering that residence with the intent of committing a crime once inside. He is accused of stealing a pair of shorts and a Buffalo Bills blanket from the residence.

Connie L. King is indicted on a misdemeanor charge of DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation. King is accused of driving drunk May 28 on Dodgeson Road, Alexander. She was previously convicted of driving while ability impaired in June 2009 in the Town of Batavia.

The grand jury also returned a "no bill" (meaning, the grand jury found insufficient evidence to sustain the charges) in the case of Leeann Marchese, who was accused of burglary in the second degree. The charge stemmed from an incident in the Town of Stafford on April 3.

An alarm of fire was reported from Beech Hall at College Village, located at 8170 Batavia Stafford Townline Road. Town of Batavia Volunteer Fire Department is responding. A call-back from the facility indicates the alarm was prompted by burnt food in room B302.

UPDATE 8:55 p.m.: Firefighters are told to bring a box fan to the third floor and a gas fan to the door on the north side of the building.

UPDATE 9:07 p.m.: Having ventilated the stench of burnt food from the entire floor of the dormitory, the volunteer firefighters are back in service, as are the fans.

A Rochester man accused on two different occasions of selling cocaine in Batavia was given a prison sentence of four years Tuesday, and the time will be served concurrently with a prison term he's already serving on Monroe County charges.

Thomas L. Hill Jr., 22, entered a guilty plea June 29 to two counts of criminal possession of a controlled substance, 5th.

He originally faced four counts of criminal possession of controlled substance, 3rd, following arrests for selling cocaine on Oct. 8 at 335 Bank St., Batavia, and on Jan. 7 at 174 Ross St., Batavia.

Hill received two years on each of the counts he entered a guilty plea on, which will be served consecutively.

Lori L. Mullen, 45, of 101 State St., Batavia, is charged with grand larceny, 3rd, and four counts of possession of a forged instrument, 2nd. Mullen is accused of taking the checks of an acquaintance, the forging the checks and cashing them. Mullen allegedly received more than $5,000. Mullen was released under supervision of Genesee Justice.

Cynthia Owens, 37, of 28 Buell St., Batavia, is charged with criminal trespass, 2nd, criminal mischief, 4th, harassment, 2nd and endangering the welfare of a child. Owens alleged forced her way into the apartment of an acquaintance on Ross Street, damaging the door in the process. She allegedly hit the resident in the presence of a child. Owens was jailed on $1,500 bail.

Shane Zimblis, 41, of Hutchins Street, Batavia, is charged with promoting prison contraband. Zimblis is accused of bringing "dangerous contraband" into the Genesee County Jail while serving a weekend sentence. No further information provided.

Ryan Nicholas Bartholomew, 18, of Adams Street, Batavia, is charged with trespass. Bartholomew allegedly entered private property on Kelsey Road, Batavia, without permission and caused car alarms to sound with the intent of disturbing the property owner. Also charged with trespass was Kyle James Bump, 19, of West Main Street Road, Batavia.

Jeremy Adam Schultz, 22, of Buffalo Street, Attica, is charged with criminal mischief, 3rd, and petit larceny. Schultz is accused of damaging an umbrella stand and stealing a security camera by prying it off a building on Attica Road in Alexander, damaging the camera and the wall.

It will take $125,000 of donated money, but Tom Lichtenthal, assistant town engineer and highway superintendent, hopes the community will come together to support a project that will be unique in Genesee County.

Lichtenthal is supporting a proposal to transform Kiwanis Park into a facility full of fun and activities for children with disabilities.

Central to the plan is a set of playground equipment built to accommodate children with disabilities, though can also be used by children without disabilities.

The plan also includes accessible paths and a small fishing pier on the Tonawanda Creek that is wheel-chair accessible and has guard rails.

The playground with wheel-chair swings, a tub-like marry-go-round, a conveyor-belt type of play set and a wheel-chair accessible glider would be built near the new boat launch, in an area well shaded by big, old trees.

On the opposite end of the park, to the east, would be an area of berms, sand, logs and rocks. Lichtenthal described it as "a natural play area."

The proposal was shared with the Town of Batavia Planning Board on Tuesday, but no action by the board is required at this time.

Genesee ARC supports the project, Lichtenthal said.

Town of Batavia planners are pushing forward with a proposal to add a second roadway into the Genesee Valley Agri-Business Park, connecting the park with Route 63.

Town Engineer Steve Mountain said the need and opportunity for the roadway is driven by the requirement of the Muller Quaker yogurt plan for a gas main into the park and a $1 million grant for infrastructure upgrades from state's Office of Community Renewal.

The roadway was always part of the plan, Mountain said, but not until Phase 3.

In the nearer term, the town was going to construct an emergency vehicle access road through the County Highway Department's lot on Cedar Street, but it is more cost effective, Mountain said, just to build the connector to Route 63 now.

The design of the roadway needed to coincide with the gas main design for Muller Quaker, and Muller Quaker wanted to bring the line in through vacant property to save costs.

The vacant land is primarily made up of parcels owned by O-AT-KA Milk Products and local farmer Don Partridge.

The town is negotiating now with both property owners for a right-of-way access, but all of that land (in green on the map) was always intended to be part of the Phase 3 development of the agri-business park (and has already been through the environmental review process).

Mountain said Phase I of the park is already nearly full and it's his understanding that Partridge has received offers on his land.

Currently, the only developed roadway into the park is from Route 5.

Alpina Products will hold a ribbon-cutting Monday for its new facility, which will initially employ 50 people.

Next year, the Muller Quaker plant, a joint venture between PepsiCo and the Theo Muller Group, will open with an original staff requirement of about 200 people. A mushroom farm and labeling facility (already open) are also among the park's first announced tenants.

Initially, Phase 2 of the development was to extend the rail line into the park, but there's been no demand for it yet from potential tenants.

Among the benefits of the Route 62 access point is that O-AT-KA will be able to use the roadway for truck traffic to his own facility, making the intersection of Route 63 and Cedar Street safer.

A public hearing on the revised planning map is set for Tuesday, Oct. 16, at Batavia Town Hall. More details of the project will be revealed then.

A 22-year-old man admitted in Genesee County Court today to illegal sexual intercourse with a girl age 15 years of age or younger.

Jonathan Garcia entered a guilty plea to rape in the second degree with no sentence cap in satisfaction of charges that also included rape in the first degree (forcible rape) and sexual abuse.

Garcia faces a sentence of up to seven years in prison and will be sentenced Nov. 15.

When Garcia was asked to admit to factual allegations by Judge Robert C. Noonan, Garcia balked admitting to sexual intercourse on May 16.

"I was there, but there are witnesses who were there who said I didn't do it," Garcia said.

Under questioning, however, Garcia admitted to sexual intercourse with the girl at another, unspecified, time.

District Attorney Lawrence Friedman suggested the charging document be amended to cover the time frame of May through June rather than specifically May 16.

The crime took place in the City of Batavia.

A Pavilion man who was arrested multiple times in early spring will serve two to six years in state prison on a third-degree-burglary conviction.

Joshua Lanair Webster, 25, of 7882 York Road, Pavilion, admitted to the burglary charge June 28 and was sentenced in Genesee County Court on Monday.

Webster was identified as the suspect in one crime after a picture of him walking through Batavia Downs was posted on The Batavian.

In April and May, in various unrelated incidents, Webster was charged with aggravated unlicensed operation, 2nd, leaving the scene of a property damage accident and failure to yield right-of-way, burglary, 3rd, grand larceny and criminal mischief, 4th, and criminal possession of a controlled substance.

There are a few openings left, and so the Batavia City School District has extended the deadline to submit an application for participation in the Universal Pre-Kindergarten (UPK) program for the 2012-2013 school year.

UPK provides an opportunity for 4-year-old children to be involved in half-day, developmentally appropriate educational classes at no cost to their families. The district offers morning and afternoon programs at Jackson Primary School and partners with the Batavia YMCA to provide Pre-Kindergarten at the YMCA.

Children who are residents of the district, are 4 years of age on or before Dec. 1 and who are not enrolled in a special education program with the GV Educational Partnership are eligible to apply.

Letters/applications were mailed to all known eligible families, but also are available for pick-up at the administra­tion building, by calling Julie Tybor at 343-2480, ext. 7516, and requesting that one be mailed, or on the district’s Web site: <http://towww.bataviacsd.org>, use the pull-down menu under “District,” click on the link for Curriculum and Instruction, then the link for Universal Pre-K Information.

Applications for the remaining openings will continue to be processed through early October and students placed in the order that they are received. Please return the completed application to the information/regis­tration office (39 Washington Ave., Batavia, NY, 14020, Atten­tion: Julie Tybor).

YWCA of Genesee County is seeking nominations for this year's Fabulous Female.

The recipient will be honored during the annual Fabulous Females brunch, which has moved to a new venue. It is set for noon, Saturday, Nov. 17, in the Paddock Room at Batavia Downs & Casino, 8315 Park Road.

Deadline for nominations is Oct. 1.

Criteria to be considered includes the candidate's background, interests, achievement and/or any unique obstacles that she has overcome; how she actively serves as a role model for women and girls, contributes to her community (volunteer, civic or in other ways) and how her background or achievements are consistent with the YWCA's mission. That is, to eliminate racism, empower women and promote peace, justice, freedom and dignity for all.

The committee represents a cross-section of business and community leaders. They will review all nominations and announce the honoree(s) prior to the event date.

Cost is $25 a person or $160 for a table of eight. That includes a sit-down brunch, entertainment and entry for a door prize. Sponsors are invited to participate and promote your business for $250 a table, which includes four seats at no charge.

Nomination forms are available at YWCA, 301 North St., in the City of Batavia, or at www.ywcagenesee.org.

For more information or to reserve your seat, call 343-5808.

The steps of the Old County Courthouse will be the site of gathering for local lawyers, judges and legal professionals, along with several dignitaries, celebrating the 100th anniversary of the Genesee County Bar Association (GCBA) on Thursday.

Thursday's ceremony will last from 4 to 6 p.m. at 7 Main St. in Batavia.

GCBA President Durin Rogers said it is free and open to the public, and that "everyone is encouraged to attend" (a gala event at Terry Hill's will follow, but according to Rogers, and it's already sold out).

Notables scheduled to attend include:

• Hon. Eugene F. Pigott Jr. (keynote speaker), Court of Appeals justice

• Hon. Paula L. Feroleto, Eighth Judicial District administrative judge;

• David M. Schraver, president-elect of the New York State Bar Association;

• Michael Ranzenhofer, New York State senator;

• Stephen Hawley, New York State assemblyman; and

• Mary Pat Hancock, Genesee County Legislature chairperson and New York State Association of Counties president.

GCBA is a voluntary association of professionals in the justice system working together to benefit Genesee County and to improve the practice of law locally.

According to a press release, the association was founded in 1912 and quickly got to work to address "a widespread feeling of discontent with the judicial system and the manner in which justice was being administered."

"We are very proud of where we have been, and even more excited about where the GCBA will go over the next several years," Rogers said.

According to Rogers, GCBA has grown tremendously over the past several years, making new initiatives possible for both members and the community.

Some of the association's offerings include continuing legal education (CLE) seminars for members, philanthropic efforts with local agencies, and the "People's Law Series," which Rogers described as "a forum for local residents to become more knowledgeable on particular areas of law."

"GCBA intends to continue its present offerings and is always looking for new ways to benefit its members and the public," he said. "My time is limited; however, having spoken with the president-elect of the association, Mary Kay Yanik, esquire, I know that she intends to focus on several civic functions that give back to the community during her presidency."

Here are some past GCBA members (photos courtesy of Lisa Scott, of the Batavia law firm Bonarigo & McCutcheon):

Barber B. Conable Jr. would go on to become a New York State senator and congressman, serve as a confidante to three U.S. presidents (Nixon, Reagan and Bush), and be appointed president of the World Bank, a position he held for five years.

Honorable Robert E. Noonan Sr. who served on the Supreme Court in the Eighth Judicial District from 1949 until the early 1960s. Afterwards, he was permanently appointed (after two temporary appointments) by Nelson Rockefeller, then-governor of New York State, to the Fourth Department of the Appellate Division.

Alice Day Gardner was the first woman to practice law in Genesee County. She graduated from the University of Buffalo Law Department in 1901, being the fourth woman in history to do so and the only woman in her class. As a female lawyer in the early part of the 20th Century, she was a pioneer. The article about her above was published in the Batavia Daily News in 1985.

For more information on Thursday's ceremony, call Rogers at 345-1205 or visit www.gcbany.com.

Information from the city school district:

The voters of the Batavia City School District on Monday overwhelmingly approved the sale of the District Administration Building. Those in favor numbered 272 (95.4%) compared to 13 who voted no (4.6%).

On July 23, the board of education authorized the transfer of the property, located at 39 Washington Ave., for $500,000 to Reed Batavia Properties LLC, pending voter approval.

The property was identified as surplus during the consolidation analysis process the district undertook in 2011, which also resulted in the closure of Robert Morris Elementary School. The administrative offices will be relocated to Batavia High and Jackson Elementary schools.

Now that the public has approved the sale of property, Reed Batavia Properties will need to complete its due diligence process in order for the transaction to be finalized. It is expected that the transfer will take place by Nov. 1.

Superintendent Margaret Puzio expressed her appreciation of the vote outcome. 

“The taxpayers and the children of the school district are both winners as a result of the vote. The extra funds will be used to reduce the tax burden along with maintaining the educational program.”

To help address a possible shortage of primary care physicians in the future, UMMC today announced a partnership with Lake Erie College of Osteopathic Medicine to transform the local hospital into a teaching hospital.

UMMC completed a credentialing process by American Osteopathic Association in August and will begin accepting medical students in residence in 2013.

“This is an exciting moment for United Memorial Medical Center,” said President and CEO Mark C. Schoell (top photo). “As a teaching hospital, United Memorial will be at the forefront of the latest medical developments and be able to provide improved quality of care; advanced treatment therapies; a shorter length of stay for major illnesses; and achieve superior outcomes and survival rates for our patients.”

Dr. Anna Lamb, herself an osteopathic doctor, said the announcement today is "awesome" news for Batavia.

"We need to grow our own," Lamb said. "We’re going to have significant primary care shortage in the next few years as some of our physicians are getting a little older. We have to grow our own. Batavia is just not on people’s radar, so we have to get people in here to see it, to like it, and as Dr. Terry said, 'if we grow our own, they’ll stay here.'"

Dr. Richard Terry also said that local kids with medical aspirations will now have a way to complete their education locally and stay in their hometown, if they choose that route.

UMMC will use a variety of incentives, such as student loan repayment, to help convince residents to stay in Batavia and become primary care physicians.

Many young doctors, Schoell said, no longer want to go into private practice and would rather work for a medical institution.

The reason, he said, are reductions in government medical reimbursements, increasing regulation and the difficulty inherent in owning and running your own business.

There will be four residents accepted for each year of the program (for an eventual total of 12). They will reside in the community and receive compensation and benefits from United Memorial while participating in the program.

Serving as program director for United Memorial is Laurie Kilbury-Taylor, D.O.  Dr. Kilbury-Taylor is an emergency room physician at United Memorial with the group FDR Medical. She is a graduate of the New York College of Osteopathic Medicine and holds additional degrees including a master of science degree from the State University of New York-Roswell Park Division, and bachelor of science degrees in Biology and Engineering.

The first year of residency emphasizes the inpatient experience. For second-year residents,a significant emphasis is placed on taking more clinical responsibilities and enhancing decision-making skills. There are four months of inpatient medicine where residents are the primary physicians for their patients.

Each resident will manage his/her own inpatient service with supervision by an attending physician. The third-year resident has a significant role in teaching and supervising junior residents and assumes direct responsibility for leading the Medicine Teaching Service and Family Medicine Inpatient Teaching Service.

Individuals who have completed a baccalaureate program and wish to pursue a career as a physician in the United States must be accepted to and complete an additional four-year course of study at an accredited osteopathic medical school in order to continue in the osteopathic residency program.

It was an accident that emergency responders acknowledge could have been much worse.

The initial call at 12:13 p.m. was for a semi-truck hitting a school bus and pushing it over on its side on Route 5 near Wortendyke Road.

Four ambulances were dispatched, Mercy Flight was put on standby and East Pembroke Chief Don Newton requested mutual aid from Batavia, Alexander, Darien and Oakfield.

"We didn’t know if the school bus was full of children or not so a lot of ambulances were dispatched as a safeguard," said Sheriff Gary Maha. "You can always turn them back."

As it turns out, most of the responding units were put back in service.

There was only one pre-K child on the bus and he did not appeared to be injured. As required by code, he was taken to UMMC for evaluation.

Both drivers were evaluated at the scene and no injuries were reported.

The Pembroke Central School District bus was eastbound on Route 5 and was stopping to make a left-hand turn into a driveway to pick up another student when it was rear-ended by the tractor-trailer.

The bus skidded forward in a semicircle and landed on its side in the front yard of a residence on the north side of Main Street Road.

The driver and child were able to walk out the rear emergency exit.

"It could have been a lot worse," Newton said. "Thankfully, there was only one child on the bus and the driver was uninjured and the child is being taken to UMMC for evaluation, but it doesn’t look like anything too serious at this time."

Maha said it was too early in the investigation to determine if the truck driver -- whose name has not yet been released -- was distracted prior to the accident.

The driver, Maha said, claims the bus driver had not activated its bus stop lights; the bus driver, Maha said, told investigators he had activated the lights.

Children on school buses are not required to wear safety belts and the child on this bus was not belted, Maha said.

The trucking company involved has requested the trucker's load be released, but state authorities have requested the trailer be impounded until Wednesday pending further investigation.

Batavia city residents are being asked to vote today on a proposal to sell the school district's administration building on Washington Avenue.

Polls are open until 9 p.m.

The district has an offer of $500,000 for the building and the option to use the maintenance shop on the site for five years.

The offer comes from Reed Eye Associates, which will convert the building into a medical facility.

Residents may vote in the following locations:

• Batavia High School -- Residents who live south of Route 5
• John Kennedy Intermediate -- Residents who live north of Route 5