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New York Times: F.C.C. Plans Net Neutrality Repeal in a Victory for Telecoms

The protesters chanted "no more burnt fingers" and carried signs in support today of the invention of Andrew Young Jr., which is a toaster that shoots the toast onto a plate after it's perfectly browned.

Andrew came up with the invention after watching his grandma burn her fingers trying to get toast out of a toaster and entered his idea into a national contest sponsored by Frito-Lay that, if he wins, could lead to a $250,000 prize for the Alexander High School student.

"For far too long, people have suffered with burnt fingers from their toaster when the technology has been invented for us," said the young inventor's father, Andrew Young. "According to Andrew, we can make it happen."

The "protest" today was held to draw more attention to his invention and get people to vote for it in the contest.

To vote, go to AndrewsInvention.com and click on the Vote for Andrew button.

Batavia resident Tom Williams, Andrew's Invention supporter said, "I do agree that this protest is long overdue. For far too long, people, especially grandmas, have been suffering from toaster-burnt fingers when the technology to avoid it has been right in front of us. It took Andrew 'Thomas Edison' Young Jr. to bring us out of the Dark Ages."

The protesters want to remind you: You can vote daily and you can vote once each day from every device you own. You have six days left to vote.

Photos and information provided by our news partner, WBTA.

      Cory Jackson

Cory D. "Stacks" Jackson, 34, of Oriole Street, Rochester, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

Jackson allegedly sold crack cocaine to an agent of the Genesee County Local Drug Task Force on two occasions in August in the City of Batavia. 

He was arrested on a sealed grand jury indictment during a traffic stop on Pearl Street yesterday. 

He was ordered held without bail.

Jackson was identified as a suspect during an investigation into the sale, transportation and possession of crack cocaine in the City of Batavia.

Assisting in the investigation was Batavia PD, the Sheriff's Office, and the District Attorney's Office.

      Lionel Anderson

Lionel J. "Chicago" Anderson, 45, of Oak Street, Batavia, is charged with two counts of criminal sale of a controlled substance and two counts of criminal possession of a controlled substance.

Anderson is accused of selling crack cocaine on two occasions in August to an agent of the Local Drug Task Force. 

Anderson was arrested at his residence last week. 

He was jailed without bail and held for further court proceedings.

Anderson's arrest comes as part of an investigation into the transportation, sale and possession of crack cocaine in and around the City of Batavia.

State Police, Batavia PD, and the District Attorney's Office assisted in the investigation.

John J. Caez-Gonzalez, 30, of Exchange Street, Geneva, is charged with first-degree criminal contempt, aggravated family offense, and second-degree burglary. Caez-Gonzalez allegedly had contact with several individuals he was ordered by court order not to contact at 7:44 p.m. Nov. 14 at a location on State Street. Caez-Gonzalez was also charged with second-degree criminal contempt stemming from an alleged incident reported at 12:02 p.m., Nov. 15.

Anna R. McCue, 30, of Norris Avenue, Batavia, is charged with DWI and moving from lane unsafely. McCue was reportedly involved in an accident at 6:28 p.m. Nov. 10 on Bank Street, Batavia. The accident was investigated by Officer Christopher Lindsay.

How do you grade Donald Trump's presidency?

Today marks the return of our Daily Poll. I hope. I stopped doing a poll because sometimes coming with a good poll question could be time-consuming. Now that the first phase of building our new mobile apps is done,* perhaps a daily poll is a task I can take on again.

*I finished the principle coding on the Android version of our app last night. I hope to be able to release it within a week or so. You can download the iOS version of our app by clicking here.

A two-vehicle accident is reported in front of 47 Lake St., Le Roy, with injuries.

One vehicle may have been a parked car.

Traffic is not blocked.

Le Roy fire and Le Roy ambulance dispatched.

The theft of a cash box from Plaza Spirits in Eastown Plaza in Batavia last Thursday had a familiar ring to Kevin Rathod, owner of Mr. Wine and Liquor in the Tops Plaza, so he went back and reviewed his own surveillance video from a similar theft in his store this past August.

In that video, at least one of the suspects looks to be the same man suspected in photos from the Plaza Spirits heist.

According to Rathod, two men worked in tandem one afternoon in August to enable one of them to steal a casher's purse from a backroom. The thieves made off with $500 cash and a credit card. The credit card was used to run up $1,100 in charges, including purchases at another local liquor store.

Batavia PD confirmed the crime was reported in August and it's possible the larcenies are related.

At least one of the same men, using the same mode of operation, appears to have been involved in a theft from a liquor store in September in Rochester, according to this 13WHAM report. In that case, the accomplices allegedly made off with $10,000. 

The system these alleged thieves are using, Rathod said, is for one subject to distract an employee or employees while the other scouts for something to steal and then makes off with the item.

"I think local business owners should be aware of what's going on," Rathod said.

Below, video shared with The Batavian by Rathod. Note that we edited it to remove as much as possible views of an unrelated individual who walked into the store. The suspect who looks similar to the suspect in photos from Plaza Spirits is the man in the white T-shirt.

Arsenio Youngs, 27, of Medina, is charged with criminal sex act, 2nd. Youngs is accused of a sex act with a disabled person in the City of Batavia. The complaint was made to State Police at 4:31 p.m., Nov. 1. Youngs was also charged with the same crime in the Town of Perry based on a complaint to State Police at 10:01 a.m., Nov. 1. Youngs was released on his own recognizance. No further details released.

Erika L. Gilson, 37, of West Main Street, Le Roy, is charged with felony DWI, three counts of felony aggravated DWI, and felony driving with a BAC of .18 or greater. Gilson was stopped at 3:05 p.m. Wednesday on West Main Street, Village of Le Roy, by Le Roy PD. Gilson was accused of driving while intoxicated with three children in the car under age 16. She was jailed on $2,500 bail.

Shane M. Nugent, 32, of West Middlebury Road, Wyoming, is charged with DWI, driving with a BAC of .18 or greater, and failure to keep right. Nugent was stopped at 2:19 a.m. Saturday on Warsaw Road, by Le Roy PD.

Daun Elizabeth Monachino, 58, Bank Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, improper left turn, improper right turn, and no left side mirror. Manachino was stopped at 4:34 p.m. Sunday on Richmond Avenue, Batavia, by Deputy Richard Schildwaster, following a citizen traffic offense complaint.

Tyler Lee Walls, 21, of Viking Way, Brockport, is charged with menacing. Walls allegedly threatened another motorist during a road rage incident reported at 1:36 p.m. Sunday on Warboys Road, Bergen.

Anson Torpe Arenas, 43, of Lexington Parkway, Rochester, is charged with driving while ability impaired by drugs, driving left of pavement, driving a vehicle without a valid inspection, insufficient tail lamps, and driving with alcohol in a motor vehicle. Arenas was stopped at 6:16 p.m. Saturday on Townline Road, Bergen, by Deputy Ryan DeLong.

Shawn William Cross, 46, of Craigie Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater. Cross was arrested following a report of a car vs. deer accident at 9:18 p.m. Friday on Perry Road, Pavilion, by Deputy Travis DeMuth.

Jenna Leann Hernandez, 21, of Hutchins Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding, driving left of pavement marking, and driver's view obstructed. Hernandez was stopped at 2:16 a.m. Saturday on Wortendyke Road, by Deputy Howard Wilson.

Jeremy Sheehan, 35, of West Bergen Road, Le Roy, is charged with menacing, 2nd. Sheehan allegedly displayed a handgun to a resident in a nearby apartment at 1:18 a.m. Thursday at a location on West Bergen Road, Le Roy. He was jailed on $1,000 bail or $3,000 bond. 

David Michael Bratt, 38, of Carolina Avenue, Lockport, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, moving from lane unsafely, and driving left of pavement markings. Bratt was stopped at 12:54 a.m. Wednesday on Lewiston Road, Alabama, by Deputy Ryan Young. 

Kari Ann Marble, 26, of Pratt Road, Batavia, is charged with petit larceny. Marble is accused of shoplifting from Kohl's Department Store on Veterans Memorial Drive in Batavia at 11:58 a.m. on Nov. 9.

Sarah A. Cheek, 33, of Rochester, is charged with unlawful possession of marijuana. Arrested as part of the same incident was a 16-year-old on an execution of a bench warrant. The incident was reported at 10:48 a.m. Sunday on Route 237, Byron, by State Police. No other details released.

Christina M. Sarratori, of North Chili, is charged with criminal trespass, 3rd. Sarratori is accused of entering an enclosed area at 8315 Park Road, Batavia. The incident was reported to State Police at 12:52 a.m. Saturday.

Amanda M. Volkman, 32, of Byron, is charged with assault, 3rd, obstructing governmental administration and resisting arrest. Volkman is accused of attacking a person with intent to cause serious physical injury. The complaint was reported to State Police at 11:45 p.m. Thursday at a location on Caswell Road, Byron. Volkman was held in jail. No further details released.

Mary B. Thompson, 34, of Batavia, is charged with unlawful possession of marijuana. Thompson was charged by State Police based on an incident reported at 4:31 p.m. Nov. 15 on Pearl Street Road, Batavia.

A fire is reported in a wall of the Log Cabin Restaurant, 1227 Gilmore Road, Indian Falls.

Pembroke fire, Indian Falls fire, and City of Batavia Fast Team dispatched.

UPDATE 12:09 p.m.: Corfu dispatched mutual aid. Also, it's possible the fire is out.

UPDATE 12:14 p.m.: City fire can go back in service. Newstead fire requested to the scene. Additional manpower needed from Pembroke and Indian Falls.

UPDATE 12:16 p.m.: Newstead canceled.

UPDATE 12:18  p.m.: Fire is out. It was an electrical outlet in the kitchen. Health Department response requested because an extinguisher was used.

UPDATE 12:29 p.m.: Pembroke and Indian Falls back in service. The chief informs dispatch that staff was instructed not to use the kitchen until the Health Department inspector arrives.

Erica O'Donnell and Mike Plitt, with the Genesee County Democratic Party, were outside of Richmond Memorial Library this morning collecting food for a Thanksgiving Food Drive sponsored by the party.

The food will be donated to the Workers Justice Center for distribution to the center's clients, all residents of the GLOW region.

While the Democrats aren't planning another pickup location, donors may contact the party through its website and arrange a pickup of donations.

"It’s the season for giving," O'Donnell said. "We’re trying to get out the word that as Democrats we’re here and we’re helping out in the community."

This afternoon Premier Genesee Center for Nursing and Rehab hosted a Community Game Day, giving residents a chance to play games with vistors, staff, and each other.

Above, Winnie Cook plays Trouble with staff member Rachel Flint, and below Randy and Mary play checkers.

More than 500 music students from the eight-county region were at Batavia High School today for the NYSSMA Zone 2 Area All-State Music Festival.

NYSSMA is the New York State School Music Association.

There were performances by the orchestra, concert band, treble choir, and mixed choir.

Participating local students were:

Alexander: Nicholas Allen, Cayna Bliss, Carson Daley, Kathleen Nolan, Eric Stroud.

Batavia: Margaret Andersen, Cameron Bontrager, Eryn Dunn, Lydia Geiger, Elise Hoerbelt, Madison Hoerbelt, Karissa Kesler, Mary Murphy, Adeena Riedel.

Byron-Bergen: Stephanie Buell.

Le Roy: Margaux Carmel, Katie Dessert, Caleb McGee, Megan Privatera, Alex Wynn.

Notre Dame: Sam Bowman.

Oakfield-Alabama: Jules Hoepting, Justina Pruski, Lauren Reding.

Pembroke: Eli Fox.

 

John Brown shows off his LED-lit Christmas sweater during today's chowder fest, a fundraiser for Arc of Genesee Orleans, at the Arc's community center on Woodrow Road, Batavia.

Until today, I had not seen this Little Free Library that has sprouted at 5 Redfield Parkway.  I'm not sure how long it's been there.

Kamrey Reigle, 4, gives Santa a hug today at Oliver's Candies. The store brought Santa to town today along with ponies for the children to ride.

Aubri Dart, 2, wasn't as sure about Santa, even crying rather than get on his lap, as some of the other children did.

Eithan Worden, 3, with his mother, Jamie Worden, enjoyed his pony ride.

The theme of one Christmas tree on display at the Holland Land Office Museum Wonderland of Trees is decorated with pictures of Jim Owen, who is frequently in local media pictures.

Above, he poses with an autographed picture he received today from the office of Gov. Andrew Cuomo. The picture was taken while Cuomo was in town to announce Batavia's $10 million award in the Downtown Revitalization Initiative contest.

Owen was among the guests at HLOM last night for the annual Wonderland of Trees gala, which included a performance by a bell choir and an ugly Christmas sweater contest.

The winners of the contest below: Laura Banister, Kris Banister, Robin Ettinger and Ellen Bachorski.

     Shabre Young      Jeremy Siplin      Davion Jackson

 

Three residents of Rochester are in custody tonight, charged with felony larceny and misdemeanor conspiracy after allegedly stealing $2,200 in merchandise from Kohl's Department Store in Batavia today before leading law enforcement on a high-speed chase into Orleans County.

Charged are Davion Z. Jackson, 23, of Curlew Street, Jeremy L. Siplin, 40, of Lakeview Street, and Shabre A. Young, 25, of Fulton Avenue.

Young is also charged with reckless endangerment in the first degree, unlawfully fleeing police, reckless driving, aggravated unlicensed operation, 3rd, speeding, speeding in zone, speeding in a school zone, speeding in a work zone, moving from lane unsafely, no turn signal, failure to keep right, and failure to yield to an emergency vehicle.

The thefts were reported at 1:31 p.m. Deputies were informed the suspects had fled in a tan Ford van. A short time later, the vehicle was spotted on Route 98 by Deputy Andrew Hale and Trooper Mitch Hamilton.

The peace officers attempted to initiate a traffic stop, but Young allegedly hit the gas rather than stop and headed north on Route 98.

Reports today indicated that the van reached 120 mph as Young allegedly attempted to elude capture.

During the pursuit, suspects reportedly discarded stolen items from the windows of the vehicle.

At Route 98 and Lime Kiln Road in Albion, Young reportedly attempted to negotiate a turn at a high speed. The van struck a utility pole, shearing it off. Two occupants allegedly fled on foot but were apprehended quickly in close proximity to the vehicle. 

Young was transported to UMMC and subsequently released.

The suspects were arraigned in Town of Batavia Court.

Jackson was jailed on $20,000 cash bail, $30,000 bond; Young on $10,000 bail, $15,000 bond; and Siplin was ordered held without bail.

Additional charges may be pending in Orleans County.

The incident was investigated by deputies Andrew Hale and Joseph Loftus with assistance from other members of the Genesee County Sheriff's Office, including investigator Chris Parker and Investigator James Diehl. The State Police, Batavia PD, Albion PD, and the Orleans County Sheriff's Office also assisted. 

Previously: High-speed chase on northbound Route 98 as officers pursue suspected Kohl's shoplifters

Top photo by Tom Rivers, Orleans Hub.

A three-year legal battle for the owners of The Ridge (aka Frost Ridge Campground) appears to have come to a close with a state appeals court upholding prior court decisions allowing the campground to host live music concerts, rent campsites and run a restaurant.

The ruling was handed down today by the Supreme Court of New York, Appellate Division, Fourth Judicial Department.

David and Greg Luetticke-Archbell haven't missed a concert season since 2010, even though the legal challenges to their concert series -- Jam at the Ridge -- started in 2014 when the Town of Le Roy, and David and Mary Cleere, and Scott and Besty Collins, first brought legal action to stop live music at the campground.

They were able to continue after winning motions in 2014 to allow an already-booked season to go forward, and as they continued to win court decisions -- including a Sept. 2016 decision by Judge Emilio Colaiacovo, presiding at the time over Genesee County Supreme Court, that ruled in favor of the owners.

The Town of Le Roy had dropped out of the lawsuits after losing a prior decision.

At the heart of the defense of Luetticke-Archbell's use of the property is that Frost Ridge -- going back to the ownership of David Frost, father of Mary Cleere and Betsy Collins --and its campground long hosted live music, rented campsites and served food, and that these uses fit within the meaning of a recreational area. The property was used in this fashion, they argued, before the Town of Le Roy changed the area's zoning to residential-agriculture in the 1990s.

In ruling in favor of Luetticke-Archbell, the appellate division concluded that contrary to the plaintiffs' contention, the Zoning Board of Appeals did not reach an arbitrary and capricious decision when the board ruled that the owners' use of Frost Ridge was a prior, non-conforming use. The plaintiffs contended that the ZBA failed to follow its own precedent and did not explain their reasoning. 

"We reject that contention," the court ruled. "In 1998, the ZBA interpreted the Code to provide that a preexisting nonconforming use of land as a campsite runs with the land pursuant to section 165-13, notwithstanding section 165-39 (B), which requires that an existing campsite of record be brought into compliance with the Code upon being sold. Contrary to petitioners’ contention, the ZBA’s determination is consistent with that precedent."

The court ruled that there was substantial evidence for the prior, non-conforming use.

"That evidence included the affidavit of a former employee of Frost Ridge’s predecessor, who averred that the Property had been used for skiing and other recreational purposes since the 1950s," the court wrote. "He averred that he began working there in the 1960s and observed numerous recreational activities on the Property, including winter sports, live music, and campsite rentals."

It's common sense, the court concluded that the term "campsite" includes recreational activities, which might include live music, and this definition complies with the Town's own codes.

"The ordinance does, however, require that any large campsite “provide a common open area suitable for recreation and play purposes” (§ 165-39 [C] [8]), and thus expressly contemplates that a campsite is a place for recreation," the court ruled.

"Although the kind of recreation is open to interpretation, it is rational in our view to conclude that live music, along with swimming and other outdoor activities, is the kind of recreation to be enjoyed at a campsite."

The court also cited evidence of witnesses who said live, amplified bands played every summer at the campground in the 1970s and 1980s, and the plaintiffs failed to prove that use ever stopped for an extended period of time to constitute a break in the prior, non-conforming use.

"Here, it is undisputed that the Property functioned continuously as a recreational facility and campsite since the 1950s," the judges wrote. "To the extent that petitioners contend that use of the Property to host live music was abandoned in 2008 and 2009, we note that there is evidence in the record that live concerts were hosted on the Property during those years."

Photo: File photo of David and Greg Luetticke-Archbell

It's not technically accurate to say the House Ethics Committee is investigating his involvement with Innate Immunotherapeutics, Rep. Chris Collins said today while in Batavia.

There have been questions about Collins and his alleged "insider trading" related to the Australia-based pharmaceutical company for more than a year.

The issue was first raised, Collins said, by Rep. Louis Slaughter, which led to an investigation by the Office of Congressional Ethics.

The three charges investigated by OSCE were dropped but the investigators referred two additional points of inquiry to the House Ethics Committee.

That, Collins said, is not an investigation.

"The Ethics Committee hasn't done anything," Collins said. "So to people who say I'm being investigated by ethics, I would say ethics is reviewing the OSCE, what I call 'the mall cops' report.' That doesn't mean they're investigating. And what didn't they do -- they did not appoint a subcommittee to look into it. If they thought there was wrongdoing they would have appointed a subcommittee to look into this."

Collins called the initial three points of contention and the two new issues a "nothing burger."

The points initially raised by Slaughter, he said, were that he had insider information about the progress of a clinical trial that he shared, that he facilitated discounted stock trading for congressional members, and that he supported a bill, the 21st Century Cures Act, because it benefited Innate.

To the first charge, Collins said, the clinical trial was a double-blind trial with nobody at Innate, including him, getting any idea of the potential results until the trial was completed and the results were released in July.

He couldn't have provided information on the trial to anybody because there was no information to provide.

As to the alleged illegal discount, Collins said, "We got this discount. The Office of Congressional Ethics totally dismissed that because it was available to every investor."

The allegation that Innate might someday come to the United States, and therefore benefit from the 21st Century Cures Act, was so preposterous, Collins said, that OSCE dismissed it without giving it serious consideration.

"That was such an outlandish allegation it wasn't even investigated," he said.

Out of the all the documents and emails reviewed by the OSCE, the staff came up with two more items it referred to the House Ethics Committee. One was that Collins allegedly communicated non-public information in emails to other investors and that he provided insider information about Innate to staff at the National Institute of Health.

In emails, Collins said he mentioned that the clinical trial had 93 participants. It was public knowledge that the trial would have at least 90 participants and the fact that there was 93 wasn't material to the value of the stock, he said.

He also shared his personal view that the trial would be done by a certain date, and then another date after that, and then a date after that, and in all cases he was wrong, he said.

"It was just my personal subjective opinion," he said.

'"Our CEO has done an affidavit saying he looked at those emails and there was nothing non-public in them," Collins said. "There was nothing significant in them."

As for the number of participants, he said, it's standard practice to sign up more participants than needed for a trial because some patients always drop out. The count of 93 vs. 90 really meant nothing to the value of the trial and it wasn't considered a secret by the company.

"Anyone who had called our office and asked how many people were recruited, we would not have even considered that confidential information and would have shared it," Collins said.

Significantly, Collins said, none of the people whom Collins shared information with through the emails bought or sold shares after receiving the information.

"If no one traded on it, even if I did share nonpublic information, there's no crime," Collins said.

The NIH meeting, Collins said, was part of a two-hour tour of the facility that he initially forgot about when the issue came up again a couple of years later.

The so-called insider information provided by Collins was an introduction of one scientist to another. It's common practice, Collins said, for NIH scientists to share information with outside scientists.

"There was a scientist in the one meeting who was looking at biomarkers and other indications from multiple sclerosis, a debilitating disease, and some things (some aspects of the research) that there are no hard science measures on," Collins said. "It looks like this. It looks like that. Boom. Boom. Boom Boom Boom.

"And I said, 'you know, you might want to talk to our scientists because we're finding the same frustration in finding scientific measures of secondary progressive M.S. because there aren't any -- it's quality of life, patient-reported outcomes, doctor-observed things that are subjective, not objective, not scientific.

" 'You might want to want to talk to Jill. You guys should share some information.' And this woman said, 'I think it makes a lot of sense,' because that's what they do with the NIH. They talk to companies all the time."

The OSCE didn't even give Collins a chance to respond before forwarding the issue to the ethics committee, he said.

"My attorneys have subsequently done that, to point out that part of the role of the NIH is to meet with outside scientists," Collins said.

Now that these issues are in the hands' of the ethics committee staff, there isn't much Collins can do but sit and wait, he said.

It's possible there will be an investigation, but Collins said he knows of members of Congress who have waited for years while the committee did nothing on complaints brought to them, and didn't even publicly acknowledge when the case was dropped.

"Here's the most frustrating part," Collins said, "they may never look at this. This could be hanging over my head as a 'nothing burger' because they're not even investigating it."