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New York counties' lawsuit over OxyContin marketing could go to trial in the fall

By Howard B. Owens

A $270 million lawsuit settlement between OxyContin maker Purdue Pharma LP and the state of Oklahoma got the attention of members of the Genesee County Legislature and made them wonder about the status of a class-action lawsuit the county has joined with other counties in New York.

The purpose of the suits is to seek compensation from Purdue Pharma for costs associated with the opioid epidemic.

Purdue is being accused of deceptive marketing practices and providing doctors with incorrect or misleading information about the addictive nature of OxyContin.

County Attorney Kevin Earl contacted the lead attorney New York counties' suit and reported back to the Human Services Committee on Monday that there isn't much new to report.

The suit is progressing but the lead attorney asked him not to say much about it publicly.

The suit is currently in the discovery phase (finding and sharing evidence that might be used at trial) with an expected trial date this fall.

As the trial date approaches, a settlement is always possible.

Libertarian Party seeking candidates for local offices

By Howard B. Owens

Press release:

The Genesee County Libertarian Committee announced today that it is seeking candidates to run for local office in 2019.

After earning ballot access and duly constituted party status in NYS in the 2018 gubernatorial election, the onerous task of securing independent ballot petition signatures is no longer a requirement. In fact, for 2019, NO petitioning will be required.

Interested candidates who receive the endorsement of the local Genesee County committee will be certified for the Libertarian line on the ballot this November.

The Genesee County Chapter of the Libertarian Party was established in 2013 and has since regularly run candidates for public office. We welcome inquiries from those who believe in a limited and nonintrusive government, the unwavering defense of personal liberties and fiscal responsibility.

Potential candidates and those seeking more information about getting involved with the GCLP are encouraged to contact Chairman Mark Potwora at 585.993.3358 or by email at gclp.ny@gmail.com

Fire that claimed life in home on Evans Street ruled accidental

By Howard B. Owens

After a meticulous investigation inside the burned-out home at 109 Evans St., Batavia, fire investigators have determined the fire that claimed the life of John Sherman, Sr., 41, has been ruled accidental.

In a press release, City Fire Chief Stefano Napolitano said investigators concluded the fire started on a stove top in the kitchen.

Joining city fire investigators in the investigation was a Batavia PD detective and two investigators from the New York State Office of Fire Prevention and Control.

There were eight people in the residence Saturday morning when the fire broke out and spread quickly. Smoke detectors and closed doors helped save the lives of several occupants, Napolitano said, but Sherman was unable to escape from a room on the second floor.

After Sherman was rescued by firefighters, medics initiated CPR and he was transported by Mercy EMS to UMMC, where he succumbed to his injuries.

Sherman was born Aug. 8, 1977, to Jan Beach of Batavia. He was a graduate of Alfred State and Empire State College and worked at Pizza Hut in Batavia and was recognized locally for his culinary and sculpting skills. He was a member of City Church and volunteered at the Animal Shelter. For his full obituary, click here.

Multiple pets were rescued or managed to escape the fire but one dog did die inside the residence.

In City Fire's release, Napolitano reminded residents of the importance of working smoke detectors and sleeping with bedroom doors closed.

Saturday, Napolitano said, "A room that has a door closed is a safe haven," Napolitano said. "They were alerted by a smoke detector and they were able to safely exit the house. That is why it's so critical when you have young children or yourself in a home, you need to sleep with the door closed. It stops the fire from entering. It gives you a shelter so you can shelter in place, a safe haven, or whatever you want to call it. But it gives you an opportunity to escape."

Photo: Restore flags at Main and Ellicott to recognize victims of sexual assault

By Howard B. Owens

Hannah Kujawski, education and outreach coordinator for Restore Sexual Assault Services, places a small flag in the ground outside the County Courthouse at Main Street and Ellicott Street, Batavia.

Kujawski and two other people from Restore planted 720 flags in the grass, one each to represent the 720 victims of sexual assault daily in the United States.

Restore, which provides a number of programs to assist the victims of sexual assault, is a service of Planned Parenthood.

Mr. Batavia winners' checks presented to local charities

By Howard B. Owens

Terelle Spinks, winner of Mr. Batavia 2019, presents a check for $2,776.50 to Stacy Squire, a volunteer with Volunteers for Animals, Spinks's charity for the annual event at Batavia High School.

This year, the Mr. Batavia competition brought in $5,553, bringing the seven-year total of funds raised for local charities to $25,743.

The event is student organized and run.

Sam Rigerman, first runner-up, presents a check for $1,388.25 to Jaylene Smith-Kilner, Habitat for Humanity.

Griffin DellaPenna, second runner up, presents a check for $1,388.25 to Laurie Napoleon, for the Michael Napoleon Memorial Foundation.

Ranzenhofer votes against budget because of new taxes

By Howard B. Owens

Press release:

State Senator Michael H. Ranzenhofer (R-C-I, Amherst) voted against the newly enacted 2019-2020 New York State Budget. Senator Ranzenhofer has issued the following statement:

“The new fiscal plan makes New York State even more expensive. The new budget raises taxes by $1.4 billion this year and another $4.6 billion next year. It imposes new taxes on almost everything and anything, including internet purchases, shopping bags, prescription drugs, rental cars, real estate transactions and energy bills. All of these taxes will make it more expensive to live, work and retire in our state.

“The new plan also fails to invest in Western New York’s highways, roads and bridges. In fact, it cuts tens of millions of dollars in state funding for infrastructure improvements. Now, local highway crews will have even fewer resources to repair our crumbling roads and bridges.

“Simply put, this is a bad budget for hardworking Western New Yorkers. Under this misguided budget, New York State will continue to experience the steepest population loss in the United States. This irresponsible plan will exacerbate Upstate’s economic challenges and force even more Upstate residents to leave for more affordable states.”
 

Batavia Downs-backed tax change approved in Albany

By Howard B. Owens

Press release:

Today, leaders from Batavia Downs/Western Regional Off-Track Betting Corporation (WROTB) thanked leaders in Albany for allowing 15 local counties and the cities of Rochester and Buffalo to receive additional revenue to help hold the line on property taxes, fund first responders and public libraries.

Prior to this change in the tax code, Batavia Downs was losing critically needed revenue because we paid the highest tax rate of any Upstate New York gaming facility. With the 2-percent increase approved in the State Budget, localities will see a significant increase effective immediately.

“The passage of this tax fairness legislation is critical for our continued success,” said Henry F. Wojtaszek, president/CEO of Batavia Downs Gaming WROTB.  “We are proud to have a wonderful partnership with Governor Cuomo and our local elected leaders -- especially Assemblywoman Crystal Peoples-Stokes and Senator Tim Kennedy.

"Our representatives in Albany understand the important economic impact Batavia Downs Gaming has in Western New York and we are so thankful to them for their hard work on getting this legislation passed today. Thanks to their efforts, we are looking forward to increasing our financial contributions to our community, which will be seen and felt across Western New York.”

Regional gas prices higher, but lower than last year's average

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.69, up 6 cents from last week. One year ago, the price was $2.66. The New York State average is $2.73 – up 3 cents from last week. A year ago, the NYS average was $2.77. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.65 (up 1 cent since last week)
  • Buffalo -- $2.61 (up 2 cents since last week)
  • Ithaca -- $2.71 (no change since last week)
  • Rochester -- $2.69 (up 1 cent since last week)
  • Rome -- $2.70 (up 1 cent since last week)
  • Syracuse -- $2.67 (no change since last week)
  • Watertown -- $2.73 (up 2 cents since last week)

Decreasing gasoline stocks and peak refinery maintenance season have helped to push pump prices higher as the spring driving season moves into full swing. In its latest weekly petroleum status report, the Energy Information Administration (EIA) released new data that shows total domestic stocks of gasoline are down.

EIA’s data revealed that refineries across the nation are operating at lower capacity. The lower rate means that as refineries continue to switch operations to make increased levels of summer blend gasoline, gas prices will likely continue to increase as gasoline production stabilizes to meet demand.  

Video: First responders honor Nicholas J. Bender at memorial service

By Howard B. Owens

A funeral service was held today at the Michael S. Tomaszewski Funeral and Cremation Chapel for Nicholas John Bender, a resident of Corfu and a corrections officer in the Genesee County Jail.

Bender died at age 39 on March 27 and was honored today by his colleagues in the Sheriff's Office and first responders from throughout the region.  The video presents that portion of the service.

Click here for his full obituary.

Video: Model Train Show at GCC's Call Arena

By Howard B. Owens

 

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The Genesee Society of Model Engineers, founded in Batavia 50 years ago, hosted their biannual Model Train Show at the Richard C. Call Arena at Genesee Community College today.

The next show is Nov. 10, at the Call Arena, from 9:30 a.m. to 3:30 p.m.

Le Roy woman charged with felony after man suffers serious injury while exiting moving SUV

By Howard B. Owens
       Lorie Litolff

Lorie A. Litolff, 57, of Craigie Street, Le Roy, has been accused of leaving the scene of a serious injury accident following an incident on Lake Street, Village of Le Roy, at 5:05 p.m. Saturday where a man exited a moving vehicle and suffered a head injury.

The charge of leaving the scene of a serious injury accident is a felony.

She is also charged with DWI, failure to report an accident with injuries, driving without an ignition interlock device, and failure to submit to a breath test.

Litolff was jailed on $10,000 bail.

The name of the victim has not been released and there's no current information available on his condition.

The investigation is being led by Sgt. Emily McNamara, who reports that police have yet to determine why the victim exited the vehicle while it was moving but believe he did so voluntarily. 

Several witnesses were interviewed and police believe Litolff and the victim were engaged in a verbal argument prior to the man exiting the vehicle.

When he exited, according to McNamara, he lost his balance and fell, striking the pavement, which is the cause of at least some of the victim's injuries.

After the victim exited the vehicle, witnesses said the dark-colored, small SUV continued northbound on Lake Street.

Witness descriptions helped police identify and locate the vehicle. Litolff is accused of driving the SUV at the time of the incident, which occurred in the area of 78 Lake St.

Multiple witnesses attempted to render first aid to the victim. He was transported to an area hospital by Mercy Flight.  

Le Roy ambulance and Le Roy fire assisted at the scene.

Previously: Man reported to fall out of vehicle on Lake Street, Le Roy

Police responding to report of people fighting on Thorpe Street, Batavia

By Howard B. Owens

Dispatchers have received a report of people fighting outside a residence on Thorpe Street, Batavia.

Batavia PD responding.

UPDATE 1:17 a.m.: A police officer reports nobody on scene on Thorpe Street. The officer suspects the caller heard firefighters shouting back and forth at the 109 Evans St. fire rekindle and mistook the commotion for a fight.

Rekindle reported at 109 Evan St., Batavia

By Howard B. Owens

City fire is on scene of 109 Evans St., Batavia, the location of a fatal fire Saturday morning, after smoke was spotted coming from the building.

A commander on scene reports that there is some smoke coming from the second-floor eave.

The fourth platoon is requested to the Fire Hall.

Engine 11 and Ladder 15 are on scene.

Video: Maple Weekend

By Howard B. Owens

 

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Maple weekend concludes today (March 31). The annual event is a chance for area residents to visit a local maple farm, learn about maple production and the tools and techniques for producing maple and sample some of the items made locally with maple.

Saturday we visited with Eric Randall, owner of Randall Maple, founder of Maple Weekend, which is now a national event, and past president of the North American Maple Syrup Council.

Locations to visit in Genesee County:

Randall's Maple Products
10307 Smithley Road
Alexander, NY 14005 

Junior's Maple Products
9280 Alexander Road (Route 98 South)
Batavia, NY 14020 

Sweet Dream Maple Farm
1116 Reynolds Road
Corfu, NY 14036 

Video: All-County Music Festival at Batavia HS

By Howard B. Owens
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The annual All-County Music Festival is underway and began with a performance this afternoon by the Elementary Chorus, Middle School Band, and Senior High Chorus at Batavia High School.

The performances followed rehearsals yesterday and this morning at the high school.

Next Saturday, April 6, at 2 p.m. there will be performances by the Elementary Band, Middle School Chorus, and Senior High Band at Attica High School. It is located at 3338 E. Main St. in Attica.

Video: The Easter Bunny visits Oliver's Candies

By Howard B. Owens
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Man reported to fall out of vehicle on Lake Street, Le Roy

By Howard B. Owens

A man has reportedly fallen out of a moving vehicle in the area of 78 Lake St., Le Roy, and may have suffered a head injury.

The vehicle he was believed to be in continued northbound on Route 19.

It's a maroon Jeep Liberty.

Le Roy fire and Le Roy ambulance dispatched.

Mercy Flight being put on ground standby.

UPDATE(S)(By Billie) 5:41 p.m.: Mercy Flight is at a field near the crash site preparing to transport the victim to a hospital.

UPDATE 6:03 p.m.: Mercy Flight is airborne; destination not known. The patient suffered severe head trauma and was in and out of consciousness at the time of transport.

UPDATE 6:29 p.m.: Le Roy Police Sgt. Emily McNamara said it is not known at this "very, very early stage of the investigation" how or why the victim exited a moving vehicle, or what speed the vehicle was going at the time. The speed limit on Route 19 in the village is 35 mph. The vehicle continued on without stopping. It is thought to a smaller, dark-colored SUV; the previous description of a maroon Jeep Liberty is not certain, nor is it ruled out. In fact, any witnesses of this incident are asked to call the Emergency Dispatch Center directly with information that might help the investigation at 343-5000. Although the victim's identity has been established, police are not yet releasing the name until they have contacted family members.

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