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Law and Order: Kelsey Road man faces two new felonies related to child porn case

By Billie Owens

David J. Somerton, 36, of Kelsey Road, Batavia, (in photo above) is charged with possession of obscene sexual performance by a child and use of a child in a sexual performance, both felonies. He was arraigned on the charges on Nov. 29 in Batavia Town Court. Somerton was initially arrested and arraigned on five counts of disseminating indecent material to a minor on Oct. 31 after investigation into a sex offense that occurred in the Town of Batavia Oct. 13. The new charges stem from further investigation and additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson, assisted by Investigator/Youth Officer Timothy Westcott. The Genesee County Sheriff's Office Criminal Investigation Division was assisted by the FBI Buffalo field office.

Alvin Ezra Way, 57, of Bank Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 9:06 p.m. on Dec. 1 on Colonial Way in Batavia for allegedly violating an order of protection by having personal contact with the protected party. He was issued an appearance ticket for Dec. 17 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Erik Andre.

Christie Lynn Daniels, 22, of Council House Road, Basom, is charged with: DWI, speeding in excess of 55 mph, and unlicensed operation -- driving without a license. At 1:59 a.m. on Dec. 2 on Lewiston Road in Batavia, Daniels was stopped by Genesee County Sheriff's Deputy Ryan Young for allegedly speeding. After an investigation, it is alleged that Daniels was driving without a license and while intoxicated. She was issued appearance tickets for Dec. 17 in Batavia Town Court. Deputy Young was assisted in the case by Deputy Austin Heberlein.

Trisha A. Park, 26, of Le Roy, was arrested in the evening on Nov. 30th by the Le Roy Police Department and charged with: aggravated driving while intoxicated with a child passenger under 15 years of age inside the vehicle, a class E felony; operating a motor vehicle impaired by drugs and endangering the welfare of a child -- both misdemeanors; unlawful possession of marijuana and inadequate headlights on a motor vehicle, both violations. At approximately 5:45 p.m. on Nov. 30th, patrols observed a vehicle operating without a headlight on Wolcott Street in the Village of Le Roy. Patrols initiated a traffic stop and interviewed the operator. While speaking with the operator, patrols allegedly noticed a strong marijuana odor emanating from the vehicle. A vehicle search would allegedly reveal marijuana as well as marijuana paraphernalia. After a brief investigation it was allegedly determined that Park was impaired by drugs. Park was taken into custody without incident and was evaluated by a Drug Recognizant Expert. Park was arraigned in Le Roy Town Court and released under supervision. Park is due back in court on Dec. 20th.

Frank L. Cortright, 60, of Route 77, Alabama, is charged with fourth-degree criminal mischief. It is alleged that at 12:15 p.m. on Nov. 30 on Pratt Road in Pembroke that Cortright intentionally damaged property belonging to another individual. He was issued an appearance ticket returnabled to Pembroke Town Court on Dec. 11. The case was handled by Genesee Coounty Sheriff's Deputy Travis DeMuth.

Stephen Michael Milroy, 24, of Perry Road, Pavilion, is charged with seventh-degree criminal possession of a controlled substance and unlawful possession of marijuana. At 3:42 a.m. on Dec. 1, Milroy was arrested on Park Road in Batavia after investigation into a report of an unconscious male sleeping in his vehicle in the Batavia Downs' parking lot. Milroy was processed at the jail and issued appearance tickets returnable to Batavia Town Court on Dec. 17. The case was handled by Deputy Andrew Mullen.

Christopher Jai Shawn Middleton, 24, of Dumont Avenue, Brooklyn, is charged with unlawful possession of marijuana and speeding. The defendant was stopped at 8:35 a.m. on Sumner Road in Darien on Nov. 29 for allegedly speeding. Investigation allegedly revealed he possessed marijuana. He was issued an appearance ticket returnable to Town of Darien Court on Dec. 11. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

Photos: Christmas in the City 2018

By Howard B. Owens

The Batavia Improvement District hosted Christmas in the City last night, which included sleigh rides, a toy train ride, visits with Santa (and the Grinch) along with local Christmas shopping.

For pictures of the parade by Jim Burns, click here.

Gregory Hallock as Grinch and Nora Browne as Cindy Lou at GO ART! Hallock made his costume while Paige Sikorski, who is 13, put on his makeup.

Paul Grazioplene posed with Grinch, trying to convince his child that Grinch wasn't scary but the child didn't buy it.

There's a tiny little bundle in Santa's lap. It's 1-month-old Greyson Malcomb getting his first picture with Santa.

Batavia Police Sgt. Dan Coffey with Bo Coffey and Alyssa Coffey. Bo and Dan were in line waiting for a ride in the horse-drawn sleigh.

Photo: Santa at Foxprowl

By Howard B. Owens

Six-year-old Taylor Moorehead tells Santa and Mrs. Claus that she wants a remote car for Christmas during a visit to Foxprowl on Ellicott Street in Batavia yesterday.

A few superheroes also dropped in at the store, as well.

Christmas in the City Parade

By James Burns

Saturday night was Batavia’s Christmas in the City Parade. It was a little cold, at times there was a little rain, but a lot of fun was had by all in attendance. 

The parade had a new rouet and direction down Main Street, concentrating most of the crowd from city hall down to Bank Street. 

There were a few first-time participants enjoying Christmas in the City this year. The person I talked to was surprised by the large turnout and said that they had never made it out for the event before. She said her and her family would be sure to make the event an annual family trip from now on. 

Jerome Foundation honors Dr. Matthew Landfried for contributions to the community

By Howard B. Owens

The admiration for Dr. Matthew Landfried ran deep Friday at Terry Hills for the presentation of the Jerome Foundation's Health and Humanitarian Award but there was also a bit of humor along the way, including a giant bumblebee that delivered an honorary proclamation from State Senator Michael Ranzhofer along with a bouquet of flowers.

In the end, Landfried expressed his appreciation for the award.

"This doesn’t say what I do," Dr. Landfried said. "This tells me what the community thinks of who I am. I really appreciate it. Thank you very much."

Dr. Landfried is currently the medical director of Surgical Services and chairman of the Department of Surgery at UMMC, and serves on multiple committees at UMMC and its partner Rochester Regional Health. 

He also volunteers his time with Batavia and Notre Dame high schools, assisting on the sidelines of sporting events, serving as a team doctor. He's also been involved in several community organizations and supported many local causes financially. 

Greg McAlister introduced Dr. Landfried before the award presentation and his remarks along with a tribute video recalled many of accomplishments of Dr. Landfried's medical career, including remarks by a woman who recalled how Dr. Landfried stepped in to assist with a case after her father contracted sepsis after surgery.  The woman said she didn't want to return to the original surgeon. She said Dr. Landfried spent hours researching the case and trying to assist. When her father took a turn for the worse he tried to refer the case to a specialist in Rochester but none of the doctors he contacted would take the case.

"I begged Matt to try one last time and he did and he got a specialist to take the case," McAlister said, quoting from the unidentified woman's letter. "Because of Matt’s determination, my dad lived another 15 years.”

Dr. Landfried is a member of the Trauma and Critical Care response team of National Disaster Medical System of the U.S. Department of Health & Human Services, he has volunteered in Haiti, Texas, and other disaster sites supporting the critical medical needs of the communities struck by disasters such as earthquakes and hurricanes. He assisted at an orphanage in Haiti and remains in contact with them and provides financial help as well.

As part of Friday's festivities, each guest of the luncheon received a small jar of honey and a small wooden honey wand, which, along with the bumblebee costume, recognizes one of Dr. Landfried's hobbies: raising honey bees. He and his wife also grow apples, grapes and make wine on their farm property on Shepard Road.

In addition from a proclamation from Ranzenhofer delivered by a bee, Dr. Landfried received proclamations from Assemblyman Steve Hawley's Office, the County Legislature, delivered by Legislator Shelly Stein, and the Batavia City Council, delivered by Councilman Bob Bialkowski.

"People like you," Bialkowski said, "with your commitment, your dedication, all your time and contributions, you make Batavia a great place to live."

Pavilion man accused of dealing fentanyl, allegedly in possession of heroin at time of arrest

By Howard B. Owens
      Jack Benson

A 60-year-old Pavilion man has been arrested and accused of illegally selling fentanyl in Genesee County.

Jack E. Benson, of St. Mary's Street, Pavilion, is charged with three counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Benson was taken into custody on an arrest warrant stemming from a sealed grand jury indictment following a traffic stop this afternoon in Stafford.

He is accused of selling fentanyl to an agent of the Local Drug Task Force on three different occasions. 

At the time of the stop, he was allegedly in possession of 24 doses of heroin and $1,300 in cash. 

Jolynn M. Gorski, 38, of Batavia, was reportedly a passenger in Benson's vehicle at the time of the stop. She was allegedly found in possession of drug paraphernalia and charged with criminal use of drug paraphernalia.

Benson was arraigned in County Court by Judge Charles Zambito and ordered held in the Genesee County Jail without bail. 

Additional charges are pending.

The arrest was the result of an investigation by the Local Drug Task Force. The task force was assisted by Batavia PD and the District Attorney's Office.

Law and Order: Bergen teen accused of grabbing teacher's head and shaking it during class

By Billie Owens

A 16-year-old male who lives in Bergen was arrested and charged with second-degree harassment at 12:40 p.m. on Nov. 14. He allegedly grabbed and shook a teacher's head during class at Byron-Bergen High School. He was arraigned in Bergen Town Court and an order of protection was issued for the teacher. The teenager is due in Bergen Town Court at 5 p.m. on Dec. 12. The case was handled by Genesee County Sheriff's Deputy Matthew Butler.

Rodney Scott Schwartz, 53, of Broadway Road, Alexander, is charged with: DWI -- second offense within 10 years; aggravated unlicensed operation in the first degree; and open container of alcohol in a vehicle. Following an investigation into a domestic incident at 6:55 p.m. on Nov. 25, Schwartz was arrested on these charges and jailed on $1,000 cash bail or $2,000 bond. He was due in Alexander Town Court on Nov. 29. The case was handled by Genesee County Sheriff's Deputy James Stack.

Sara Rae Tombari, 21, of Roanoke Road, Pavilion, is charged with third-degree bail jumping. She was arrested after failing to appear for a scheduled court appearance. She was arraigned at 1 p.m. on Nov. 27 in Batavia City Court and jailed in lieu of $2,500 bail. The case was handled by Genesee County Sheriff's Sgt. Thomas Sanfratello, assisted by Sgt. Ronald Meides.

Joseph Michael Smith, 42, of Colonial Lane, Bath, is charged with third-degree bail jumping. He was arrested after failing to appear for a scheduled court appearance. He was arraigned at 12:50 a.m. on Nov. 28 in Batavia Town Court and jailed in lieu of $1,000 bail. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Bathroom fire reported at mobile home park

By Howard B. Owens

A bathroom fire is reported at the Apple Grove Mobile Home Park, Lot #5, 3207 Pratt Road, Batavia.

East Pembroke fire, Town of Batavia, Oakfield, Corfu, and the City's Fast Team requested to the scene.

Batavia CTE students restore 1934 fire truck for Conesus volunteers

By Howard B. Owens

Press release:

When Jeff Fronk was approached by a member of the Conesus Fire Department regarding a project, he never thought that the venture would take on a life of its own. Fronk is the Collision, Custom, and Restoration (CCR) instructor at the Batavia Career and Technical Education (CTE) Center. 

Dale Eddy is the assistant fire chief and vice president for the Conesus Fire Department. He contacted Fronk last spring with the hopes of having the CCR students work on a 1934 Dodge firetruck that was in dire need of repair.

“The truck had been stored since the '70s when it was put out of commission. It was in very bad shape, even trees were growing out of it,” Eddy said. “We contacted Jeff and hoped he would be willing to take on this project. He showed great interest because he saw the potential for the truck. We were hopeful that he could complete the extensive overhaul that the truck needed.”

“I knew this would be a big undertaking because the truck was in such disrepair,” Fronk said. “It had sat idle for many years; there were parts and pieces missing.”

Fronk inspected the truck and decided to tackle the project. Fronk and the CCR students delved into restoration and uncovered how much work that the truck required. Learning the scope of the work needed, Fronk called upon some of the other Batavia CTE instructors for their assistance, as well.

“The Conservation students milled the wood for the truck bed flooring, and then pre-drilled these oak planks for installation, the Welding students fabricated the side panels and fenders,” Fronk explained. “My CCR students repaired the body pieces that were salvageable, sandblasted the exterior, then primed and painted the exterior. The students even polished the brass bell that’s on the front of the truck.”

Due to a Conesus Fire Department event, the project was under a tight deadline. The entire restoration took place within a four-month period so the firetruck could be used during the summer months. When school ended in June, the truck was not fully completed, so Fronk, along with the help of some fellow CTE teachers, completed the project.

Eddy and the other fire department members were in total awe of the project when the truck was delivered to the fire department in July.

“I knew this was a project that the students could take on," Eddy said. "I completed the Auto Technology Program at the Mount Morris Center, so I’m a BOCES graduate.

"But when all of us saw the finished truck, we were amazed at the quality of the work that the students and instructors completed. That truck was, and still is, smiling from fender to fender.”

The finished truck was recently displayed at the Batavia CTE Center so the students could view their work. Fronk noted how students reacted to seeing the restored truck.

“When the students saw the truck, their jaws dropped and eyes were so big; they were in disbelief! They are so proud of their work,” Fronk said. “This was an incredible project for the students to complete. I’m sure that they will never see a project like this again; I know that I never will!”

The truck is now showcased at the Conesus Fire Department and is used for special community events.

Sponsored Post: Clinton Crossing to host an open house December 1st

By Lisa Ace


OPEN HOUSE -- SATURDAY Dec. 1st • 10 a.m. -- 1 p.m. Whether you’re newly retired, considering retiring or just looking for maintenance-free living, then Clinton Crossings is the place for you. Our new homes let you continue living independently with no steps or stairs to climb, plus it’s a relaxing community with friendly neighbors.

All of our 1,200-square-foot homes come complete with two bedroom, one and a half baths, fully equipped kitchen, full-size washer and dryer, attached garage, beautiful vinyl deck, ceramic tile and elegant carpets in the living room and bedrooms.

Join us for the open house and see for yourself, all that Clinton Crossings has to offer.

Pettinella to spin Chicago on Geezer Radio tomorrow night

By Howard B. Owens

Press release:

Batavian Mike Pettinella, longtime local journalist and fan of the legendary rock group Chicago, will be the guest of DJ Richard Beatty on Friday night on the Geezer Radio show.

The “Evening with Chicago” show airs from 8 to 10 p.m. on WGCC radio, 90.7 on the FM dial. It also can be heard on the Internet --https://tunein.com/radio/907FM-s28965/

Pettinella has been a Chicago devotee since the band released its first album, Chicago Transit Authority, in 1969. He attended his first Chicago concert on Aug. 31, 1971 at the old War Memorial Stadium in Buffalo and has seen the group perform more than 65 times since then at various venues in the Eastern United States and Canada.

He also has had the privilege of talking with band members after their show on several occasions and was among the thousands on hand at the group’s induction into the Rock & Roll Hall of Fame in April 2016 at the Barclays Center in Brooklyn.

Tomorrow night’s show will feature numerous songs spanning the “rock and roll band with horns'"51-year career along with discussion about the group and other songs selected by the Geezer.

Chicago is one of the longest-running and most successful rock groups, and one of the world's best-selling groups of all time, having sold more than 100 million records. To date, Chicago has sold more than 40 million units in the United States, with 23 gold, 18 platinum, and eight multi-platinum albums.

It's that time of year: Adopt a hydrant

By Howard B. Owens

Press release:

With winter now thrust upon us and in the event of an emergency, could firefighters find the closest fire hydrant near your home or business?

Fire Chief Stefano (Steve) Napolitano and the members of the City of Batavia Fire Department are encouraging residents to “adopt a fire hydrant” near their home or business this winter season. We are asking residents and business owners for their assistance in keeping fire hydrants clear of snow and debris. The Chief also noted that this is an informal program and therefore it is not necessary to advise the department about which fire hydrants you will be keeping clear.

If possible, we ask that the “adopted” hydrants be uncovered of snow after each snowfall and provide a clear path of approximately three feet around the hydrant. This path will allow fire department staff to quickly locate the hydrant and obtain a water supply used in firefighting activities. Delays in locating and connecting to a fire hydrant can hamper fire suppression activities, raising the risk of injury and furthering property damage.

Additionally, the department asks residents and business owners to contact fire headquarters at 585-345-6375 if they require assistance in keeping their hydrants clear or notice damage to the hydrant itself or the reflective marker attached to the hydrant.

Lastly, please consider helping a neighbor who may be elderly or has a medical condition by keeping the fire hydrant clear near their residence.

“Together we can help keep our City safe this winter season” Napolitano said.

On behalf of the fire officers and firefighters of the City of Batavia Fire Department, we thank the community for its continued support of the men and women of the department and the services that we provide.

House fire reported on Fairway Drive in Batavia

By Billie Owens

A residential structure fire is reported at 13 Fairway Drive in Batavia. Black smoke is inside the residence. Town of Batavia Fire Department is responding. The location is between Valley Drive and South Main Street Road.

UPDATE 5:33 p.m.: It's now said to be a kitchen fire.

UPDATE 5:41 p.m.: The City's Fast Team responded. The City's third platoon is called to headquarters.

UPDATE 5:56 p.m.: There was an issue with the furnace and a repair person was already in the home working on the unit when the black smoke appeared. City fire is ventilating. There were no flames, nor was there any structural damage.

Sponsored Post: Know your rights, call Dolce Panepinto today

By Lisa Ace


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  • Be protected from toxic chemicals;
  • Request an OSHA inspection, and talk with the inspector;
  • Be trained in a language you understand;
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Call Dolce Panepinto at 716-852-1888 immediately. We understand how life altering a work injury can be, and we are here to help.

Officers honored for STOP-DWI efforts, along with poster contest winners

By Howard B. Owens

The top DWI officers in Genesee County in 2017 were Deputy Mathew Clor, Deputy Ryan DeLong, Batavia PD Officer Mitchell Cowen, and Batavia PD Officer Christopher Lindsay.

The officers were honored yesterday at a luncheon hosted by the county's STOP-DWI program at Terry Hills.

Clor joined the Sheriff's Office in 2016 and is a graduate of Batavia High School. DeLong became a deputy in 2015 and is a graduate of Batavia HS. He has an associate degree from Genesee Community College in Criminal Justice. Cowen joined Batavia PD in 2014 and was previously a police officer in Salamanca. Lindsay has been an officer in Batavia since 2014. 

In the student poster contest, the 6th-8th grade winners were: Malachi Smith, Byron-Bergen; Antonio Andrade, Elba; and Maria Prattico, St. Joe's. The 9th-12th grade winners were: Taylor Hutton, Le Roy; Jessica Andrade, Elba; and Amber Leigh Fitzimmons, Batavia. Emma Goodman, Byron-Bergen, won for computer-generated art. The grand-prize winner was Brooke Jarkiewicz and Grace Shepard, Byron-Bergen.

Antonio Andrade, Malachi Smith, Maria Prattico.

Emma Goodman, Taylor Hutton, Jessica Andrade and Amber Fitzsimmons.

DRI funds available for downtown property owners to make improvements

By Howard B. Owens

Press release:

The Batavia Development Corporation (BDC) announced today that applications for a $600,000 Building Improvement Fund are available to all building owners within the Batavia Improvement District (BID) as part of Batavia’s Downtown Revitalization Initiative (DRI).

Batavia is “All In” to reshape its urban core by embracing and celebrating its rich entrepreneurial history, fostering cultural appreciation and creating vibrant places for all to enjoy.

In alignment with the Batavia Downtown Revitalization Initiative (DRI) Investment Strategy the city will seek to foster more arts, culture and entertainment; healthy living and wellness; and prosperity for all.

“As co-chair of the DRI Local Planning Committee I am pleased that this building improvement fund is moving forward, and building owners interested in making investment can receive assistance through the $600,000 fund,” said Eugene Jankowski, City Council president.

The Building Improvement Fund was recommended as a priority by the DRI Local Planning Committee and included in the Batavia DRI Investment Strategy. Filling vacant and underutilized structures has been a common goal across many of Batavia’s planning documents including the Brownfield Opportunity Area (2015), the City’s Comprehensive Plan (2016) and the Downtown Revitalization Initiative (DRI) Investment Strategy (2018).

“The DRI is an amazing economic development tool to improve Downtown Batavia, help new businesses start-up, and existing ones thrive,” said Marty Moore, City of Batavia manager. “I will be working hard to ensure that we continue to support our local businesses and building owners.”

“The DRI Local Planning Committee is committed to seeing the recommended projects move forward in downtown Batavia,” said Steve Hyde, president and CEO of the Genesee County Economic Development Center (GCEDC) and co-chair of the DRI Local Planning Committee. “These are exciting times for Batavia, and the County, with so many investments in transformational downtown projects.”

Building owners selected for grants will be awarded between $10,000 (minimum) up to $200,000 (maximum) in DRI grant funds, per building, not to exceed 60 percent of the total building renovation project cost.

The funding is on a building-by-building basis and “in-kind” match is not eligible. Costs incurred prior to the effective date of the grant agreement are not eligible for reimbursement, and not eligible as a match.

“The fund has been established to provide grant funding for applicants to implement interior and exterior building improvements in Batavia’s BID. Buildings must be commercial and/or mixed-use structures, have a plan ready to implement and funding to cover the cost of the entire project up-front,” said Pier Cipollone, president of the Batavia Development Corporation.

Eligible activities including façade improvements, window/door repair and replacement, painting, masonry repair, awnings, building signs, exterior lighting, storefront upgrades, roofs, and interior upgrades (heating, plumbing, electrical, walls, floors). Applications are due by 4:30 p.m. on Jan. 18th.

Rachael Tabelski, director of Economic Development of the BDC said, “The BDC is looking forward to working with Downtown building owners, understanding their plans, and finding ways to advance improvements and renovations. With each new building that we save and repair there is an enormous social and economic impact on our City.”

Leanna DiRisio, interim director of the Downtown Batavia Improvement District said, “I look forward to working with BDC and the Downtown building owners as interim director. I am confident that the Building Improvement Fund is a great resource and will increase the momentum of downtown living, shopping and entertaining."

The BDC will host an information session about the Batavia DRI-Building Improvement Fund on Tuesday Dec. 18th at 9 a.m. in Council Chambers at City Hall. All building owners are welcomed and encouraged to attend.

Guidelines and the application can be found on the BDC website here.

CountryMax announces return to Batavia at former Office Max location

By Howard B. Owens

Press release:

CountryMax announces it will open a new Batavia store in 2019, in the former OfficeMax building located at 4160 Veterans Memorial Drive. The new Batavia location will become the 17th store operated by the local, Western New York family-owned business.

The 23,000-square-foot store will showcase multiple custom-built, wood-themed interior elements reflecting local history, as well as climate-controlled small pet rooms, a wild bird center, and more than 2,000 square feet of premium, healthy foods for dogs, cats, and pets of all shapes and sizes.

In addition to the massive selection of healthy pet options, the new location will feature a large selection of barn and stable feed and supplies, as well as an expansive lawn and garden offering for all seasons.

Additional features will include a “Scrub House” self-serve dog wash, special events room, and a custom-built wood lodge filled with homesteading products; beer, wine, cider, and cheese-making kits; housewares; gifts and novelty items.

CountryMax will be celebrating 35 years in 2019. It has grown by being known as the neighborhood store that can compete with competition both big and small, with prices and selection consumers have come to demand, as well as a customer service experience that goes above and beyond traditional expectations of today’s retail stores, such as their full carry-out service for purchases big and small.

“We were extremely disappointed when we shut our doors in our previous Batavia location because we knew that our customers in Batavia were so loyal in a location that did not fully showcase what we have developed our stores to be over the years,” said Brad Payne, director of sales. “Once we found the right opportunity, it was really just a decision on our part to give the Batavia community the 'true' CountryMax experience that we have been working on in our new locations.

"I think anyone who shopped with us in the past knows we have a huge, unique selection of products that fits the Batavia area, and they are going to be thrilled to see the amount of time, effort, and work that goes into creating the new CountryMax store experience.”

CountryMax, in business for more than 34 years, now operates 17 locations across New York State.

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