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A local businessman who said he hasn't even had time to grieve his sister's death because of five years of litigation around her estate was given a conditional discharge in County Court today on his prior guilty plea to a misdemeanor of falsifying business records.

James Pontillo's attorney, Fred Rarick, reminded Judge Michael Mohun, who is handling this case, that his client accepted a plea deal, not because he had done anything wrong, but because he wanted to get this part of the legal issues surrounding his sister's estate behind him.

"I tried to do everything the best of my ability," Pontillo said. "I did everything I was called upon to do, but there seems to be a misunderstanding."

Much of what this case is about, apparently, is tied up in surrogate's court, where Scott German, as one of his duties as county treasurer, has been appointed the administrator of the estate of Jeanne Veronica Pontillo, because there was nobody else deemed qualified to assume that role.

Pontillo has said he was trying to take care of his sister's properties while the estate was settled.

The conditional discharge means the Pontillo's conviction can be dismissed if he has no run-ins with the law for a year. He was required to pay $2,500 in restitution, which Rarick asked to be applied to back taxes on Jeanne Pontillo's properties, but District Attorney Lawrence Friedman objected to the redirection of the money.

Three of the properties -- none of them in Genesee County -- are about to go into tax lien foreclosure because nobody has paid the property taxes on those properties.

"The hardest thing about all of this is I haven't been able to properly been able to grieve for my sister," Pontillo said. "This has been going on for five years. She was more than a sister to me," he said as his voice quivered, "she was like a daughter to me."

He said the litigation has affected him personally, financially and professionally.

"I just want it to end."

Friedman renewed his request for an order of protection, requiring Pontillo to have no contact with German. This was a contentious issue in December in front of then Interim Judge Micheal Pietruszka. Rarick raised concerns about the order and the ongoing probate issues, so Pietruska agreed to amend the order, but Friedman asked for further refinement, and after more back and forth among the attorneys, Pietruszka literally tore up the order in court.

Again, today, Rarick and Friedman couldn't agree on the necessity of the order, and while Rarick acknowledged personal animosity between Pontillo and German, he said he feared German could use the order to make a false claim against his client.

Friedman scoffed at the suggestion and said a false claim is possible with any order of protection. That's no reason, he said, not to issue one.

Mohun didn't sign the order. He thought an order of eight years was excessive in a case involving a conditional discharge, but he amended Pontillo's conditional discharge so it requires him to stay away from German for the next year.

Previously: Landlord accused of falsely claiming to own a dwelling in Batavia (we've covered James Pontillo extensively over the years and this story contains links to most of that prior coverage).

Photos submitted by Rob Radley.

To purchase prints, click here.

A math teacher a Pembroke Junior-Senior High School, Dawn Krol, died last night following an ATV accident, according to a letter sent to district parents today.

The letter does not specify where the accident occurred or provide further details about the accident. 

"Ms. Krol was an exemplary teacher in every way and we will miss her greatly," Principal Nathan Work wrote in the letter to parents. "Her commitment to teaching and love for our students can be an example to all of us."

Work said counselors will be available to meet with students this week to provide emotional support and help them cope with her death.

"Because of our close school community, this death touches everyone at school," Work wrote.

Installation of a new LCD lighting system atop the Old Courthouse in Batavia was completed this week and for Memorial Day Weekend, the cupola is illuminated with alternating red, white and blue lights.

The system, donated by Batavia-based Lighting Design Innovations, has a color pallet of thousands of shades to fit any occasion.

The value of the system is $7,500 and is computer controlled.

Paul Mercier, a partner in the company, pitched the idea to the County Legislature in February and said his company would donate the system for the cupola.

"For us, the significant aspect of being here is we believe in community," Mercier said.

Mercier suggested that at some point, the Legislature may wish to support a fundraising effort to illuminate the entire building.

The Oatkan Knights won Le Roy's first Section V championship in baseball since 1988 with a 4-3, eight-inning victory last night over Geneseo.

Reece Tresco had the game-winning RBI on a double to right center with two outs in the top of the seventh inning. He scored Cody Fitzsimmons. 

Tim McMullen and Josh Laurie combined for the win on the mound

Knights go to 13-9 on the season and ill play C2 Champ Avon Tuesday at Dwyer Stadium. Game time, 4:30 p.m.

Photos and info submitted by Tim McArdle. 

Law enforcement has been asked to respond to Pembroke High School where there are reportedly five teenagers knocking over porta-potties.

Veterans, other volunteers, and family members were in cemeteries throughout the area today to replace worn flags and place new flags on the graves of the men and women who served in the U.S. military.

It's an annual tradition locally to honor military personnel on Memorial Day Weekend.

Emilio Rosales, 8, places a flag at Elmwood Cemetary. Also placing flags was his sister, Valentina, 5.

Daniel Tomaszewski and his family, from Freedonia, made their annual trip to the St. Joe's Cemetery in Batavia to plant flowers on the grave site of his parents, who grew up and were married in Batavia before moving to Freedonia. With Daniel are wife Kristin, daughter Josephine and son Mason.

Tim Burch places a flag at a marker in Elmwood Cemetery.

Don Morris at Elmwood.

Riley D'Alba, of Oakfield, completes her squats during a workout today at Batavia Cross Training known as the Memorial Murph.

The event is a scholarship fundraiser for students pursuing careers in law enforcement; the proceeds this year going to D'Alba, who plans to attend Hobart College.

Dozens of people completed The Murph today, which is named in honor of Lt. Micheal Murphy, a Navy Seal killed in action in 2005 in Afghanistan. The workout, which he called Body Armor, starts with a one-mile run, followed by 100 pull-ups, 200 push-ups, 300 squats, and ends with another one-mile run. Those who have them and can endure it also wear a 20-pound vest.

Batavia Cross Training holds annual Memorial Murph over Memorial Day weekend to honor those who have served or are serving in the U.S. military. Several members of local law enforcement participate each year.

Joey Belladonna and his band Chief Big Way play the Paddock Room at Batavia Downs tonight.

The lead singer with Anthrax, nominated five times for Grammy awards, Belladonna is playing in Batavia for the second time this year. The show is free and starts at 9 p.m.

Pictured with Belladonna are his friend Tom Mazurkiewicz and band members Dave Michelson and Joe Precourt.

At about 7 a.m., a car was reported off the road and into the woods on Route 490 in the Le Roy - Bergen area.

The original caller reportedly spoke to the driver, a female, who said, "I'm in a lot of trouble if law enforcement shows up."

Le Roy fire and Bergen fire responded. By the time the chiefs were scene, the driver had left the area.

The car is registered to a female in Hamburg, born in '37. 

The driver may be injured from a side-impact collision.

Dispatchers have checked with UMMC and Strong for any patients who have come in for emergency care and a deputy checked the service area near the location for the woman.

Hamburg PD is responding to the residence of the registered owner to see who might have been driving the car.

No description is available of the driver.

Fire units and ambulance went back in service at about 7:30 a.m. A tow truck is responding to retrieve the car.

Roberto James Echevarria, 19, of Laurelwood Drive, Rochester, is charged with assault, 3rd. Echevarria is accused of recklessly causing injury to another person while after a concert at Darien Lake Performing Arts Center on Wednesday. At about 11:10 p.m., Echevarria allegedly threw a glass bottle from a moving vehicle that struck another person, hitting the victim in the face resulting in a cut. Echevarria was processed at the Genesee County Jail and released on an appearance ticket.

The Elba Lancers Golf Team is the Class C Section V champion after scoring a 172 on Thursday at the Livingston Country Club, beating out seven other teams, including second-place Honeoye, which carded a 187.

In the rain-shortened championship, Henry Pflaumer shot a 40, while Joe Lane, Ben Pflaumer, and CJ Gottler all had 44. The Lancers added to their Genesee Region Division II Championship along with Ben Pflaumer's Individual Class C Sectional Title. Only three other golfers in the field shot 44 or lower.

The team is coached by Mike Cintorino.

Submitted photo and information.

The following people were arrested by the Genesee County Sheriff’s Office during the Future concert at Darien Lake Performing Arts Center on Wednesday:

Jessica Ross, 31, of Jasper Parrish Road, Buffalo, is charged with two counts of trespass, second-degree harassment and resisting arrest after allegedly attempting to entering the concert venue after being ejected twice and told not to return. Ross allegedly punched and kicked deputies while being taken into custody. Ross was arraigned in Darien Court and put in jail in lieu of $500 bail.

Alex M. Gonzalez, 20, of Premption Road, Geneva, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Joshua R. Dauer, 19, of Steven Drive, Cheektowaga, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

(name redacted because of age), 16, of Marvin Hill Road, Springwater, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Noah J. Klumpp, 19, of Buffalo Street, Hamburg, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Jonothan S. Daley, 19, of Miles Allen Boulevard, Elkland, Pa., is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Rae M. Warner, 19, of Calm Lake Circle, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Roberto J. Echevarria, 19, of Laurel Wood Drive, Rochester, is charged with third-degree assault after allegedly throwing a bottle, striking another subject in the face, causing a laceration.

Alexander Labor, 21, of Peach Street, Buffalo, is charged with harassment, 2nd, after allegedly pushing a Live Nation security officer.

Dewayne E. Johnson, 55, of Westside Drive, Chili, is charged with harassment, 2nd, after allegedly pushing a Live Nation security officer.

Nathaniel T. Welnhofer, 18, of Colvin Boulevard, Tonawanda, is charged with disorderly conduct after allegedly urinating in public while in the crowd at the concert venue entrance.

Zachary P. Liberatore, 20, of Stonehedge Drive, Orchard Park, is charged with trespass and criminal trespass, 3rd, after allegedly refusing to leave the concert venue and then being found inside the concert venue.

(name redacted because of age), 17, of East Ravenside Lane, Webster, is charged with criminal trespass, 3rd, after allegedly crawling under a fence to enter the concert venue.

Nadia M Jones, 20, of Magee Avenue, Rochester, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

Andrew JW Delles, 20, of Black Creek Drive, Niagara Falls, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

Jake R Viza, 20, of Webster Road, Webster, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

Olivia I. Flink, 19, of Marlbank Drive, Rochester, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

Jennifer M. Abbott, 20, of Bostwick Road, Phelps, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

At least 400 people entered the labor force in Genesee County from March to April, according to the latest data released by the New York State Department of Labor.

That puts the total size of the labor force at 29,400, with 1,300 people classified as unemployment, which puts the unemployment rate at 4.6 percent.

A year ago in April, the unemployment rate was 4.5 percent in the county.

Over the past year, the county's labor force has declined by approximately 500 people. It's difficult to pinpoint the reason for the decline, but Baby Boomers reaching retirement age could be a factor.

The total number of employed residents 28,100. A year ago in April, it was 28,600 and in March it was 27,500.

The unemployment rate in the GLOW region is 5.0, the same as a year ago. 

In Rochester, it's 4.6 percent. In Buffalo, it's 5.0. For the state, it's 4.2. For the nation, it's 4.1 percent.

Press release:

Byron-Bergen Jr./Sr. High School’s seventh-graders began a new tradition on May 18 with their participation in the Village of Bergen’s Community Action Day.

The entire Class of 2022, along with counselors, teachers and school administrators, rolled up their sleeves and helped plant flowers and trees in the village green spaces. Two of the new trees planted in Hickory Park were dedicated to the Class, and will grow right along with them for years into the future.

"It was such a rewarding experience for our students,” said Principal Patrick McGee. “This is the first year the school has partnered with the Village of Bergen on Community Action Day and we would like to make this a tradition. Not only in the Village of Bergen but in Byron as well.”

“We truly believe that the school-community partnership is essential for creating pride in our community. Listening to our kids talk about how much they enjoyed volunteering is what it is all about."

The first work toward revitalizing the Della Penna buildings into Ellicott Station -- apartments, office space, a restaurant, and brewery -- began today with a contractor digging test pits and checking soil samples.

The tests are the first step in any contamination remediation process. The tests will provide officials with information on the scope of any remediation that is needed.

The old industrial parcel on Ellicott Street will undergo a $17 million transformation that will eventually bring in Buffalo's Resurgence Brewing Company as the anchor tenant.

For previous coverage, click here.

Tawny L. Collazo, 32, of Swan Street, Dunkirk, is charged with DWI, felony DWI with passengers under 16 years of age, and driving with a BAC of .08 or greater. Collazo was stopped at 12:48 a.m. on Main Road, Pembroke, by Deputy Jeremy McClellan. Collazo is accused of driving drunk with two children under age of 16 in the vehicle. Collazo was released on an appearance ticket.

Press release:

"What is the biggest challenge you face in your business?" is a question often asked by the Agri-Business Academy students during tours of local agriculture businesses. The answer is almost always the same. "Labor."

The challenge of finding dependable, hardworking individuals for stable, well-paying careers in agriculture has been a constant battle for agriculturalists for years. As the instructor of the Agri-Business Academy, I've spoken with local agribusiness people from more than 100 local agribusinesses and the need for good employees is a common thread.

The common misconception is that these are not careers, but physically demanding jobs that do not require a college degree and involve a way of life that many would not willingly choose. Today, agribusinesses are usually seeking applicants with college degrees, technology and management experience, and business and communication skills. What is most important is that the compensation aligns with these requirements. In addition, the benefits and satisfaction that comes from working in the agriculture industry is unlike any other.

Agriculture continues to be the number one industry in Genesee County and the driving force of the local economy. When students of the Agri-Business Academy toured Torrey Farms, among the largest agribusinesses in New York state, they heard Maureen Torrey Marshall explain that Torrey Farms does not simply employ a few people in the surrounding community.

She described the multiplier effect, which means that other businesses, such as trucking companies, mechanic shops, equipment dealerships, transportation hubs, technology, fuel and fertilizer suppliers, and many others are all part of the agribusiness economy. Most people do not recognize the many different aspects of agriculture and the need for individuals with a broad array of interests and expertise. Animal and plant systems, food products and processing, agricultural mechanics, precision agriculture, agribusiness networks, international trade, environmental and conservation systems, and energy use are just a few of the trades under umbrella of agriculture.

To ensure that the agriculture community has the employees they need to thrive, and to continue to be the bedrock of our community the Agri-Business Academy is again seeking high school seniors to learn about careers in all aspects of agriculture. The Agri-Business Academy is a one-year partnership program between the Genesee Valley Educational Partnership and Genesee Community College.

Through this program, the students earn 15 college credits through the ACE program at Genesee Community College. They spend half the school day in the Agri-Business Academy enrolled in the following five college courses: Western New York Agriculture, Career and Educational Planning, Principles of Business, Principles of Biology and Public Speaking.

Throughout the year students tour area agribusinesses to learn and experience these businesses, job shadow professional producers and at the end of the year each student participates in a two-week internship. This year's Agri-business Academy students are working at their internships experiencing many different aspects of agribusiness -- from robotic and organic dairies to maple syrup and crop management and much more.

The following locations throughout Western New York are currently sponsoring student internships: DeLaval Dairy Services in Corfu, WBB Farm in Alden, Beaver Meadows Audubon Center in North Java, Merle Maple Farm in Attica, Cottonwood Farms in Pavilion, Cornell Cooperative Extension in Wyoming County, Schierberdale Holsteins, Perry and WNY Crop Management in Warsaw.

If you know of a current junior or underclassman who is interested in business or agriculture, or is unsure of a career path, please encourage them to apply for the Agri-Business Academy at the Genesee Valley Educational Partnership. Through the Agri-Business Academy, students explore the plethora of wonderful careers available to them -- locally, internationally or often it is a dynamic blend of both.

Whether they like working inside or outside, with their hands or crunching numbers, handling heavy equipment or studying the nuances of soil (agronomy), tending to livestock or discovering how technology can help feed the world-the "Ag Academy" is a career starter.

Jack Klapper, an Agri-Business Academy graduate and Cornell University assistant men's basketball coach, said, "I would recommend this academy to anyone, whether they are pursuing a career in agriculture or not. The life skills I developed in this program are some of the best skills I have ever learned."

Applications are available at http://www.genesee.edu/home/ace/career-pathways/agri-business-academy/.

The first 20 students to submit their application will receive a free Genesee Community College flash drive wristband.

Questions? Please do not hesitate to contact me at 585-344-7783 or kirchardson3@gvboces.org. Check out the Agri-Business Academy on Facebook at: https://www.facebook.com/Agri-Business-Academy-680673051998953/

Top photo: Agri-business Academy student Cherie Glosser of Warsaw High School with calf at Post Dairy Farms.

Agri-Business Academy students at Torrey Farms, in Elba.

Agri-Business Academy students at Porter Farms in Elba.

Agri-Business Academy students at SJ Starowitz Farm, in Byron.

James L. Ozzello, 29, of Kathryns Way, Livonia, is charged with: pedestrian failed to yield right of way to a vehicle; pedestrian proceeded into the path of a vehicle; disorderly conduct; and resisting arrest. The alleged incident was reported at 2 a.m. Saturday on West Main Street, Batavia. Ozzello was jailed on $1,000 bail.

Geoffrey M. Anderson, 51, no permanent address, was arrested on a warrant for failure to appear. He was jailed without bail.

Bonnie Mae Marrocco, 47, of Swan Street, Batavia, is charged with criminal mischief, 3rd. During an argument, Marrocco allegedly damaged property of another person with a value of more than $250.

Rebecca A. Edwards, 23, of Central Avenue, Batavia, is charged with petit larceny. Edwards was arrested on a warrant and jailed on $500 bail.

Wendy Lee Henry, 32, of Central Avenue, Batavia, is charged with obstruction of governmental administration. Henry allegedly interfered with a medical situation at 4:08 a.m. Friday at a residence on Central Avenue.

Christopher S. Usselman, 25, of Hamilton Street, Albion, is charged with criminal impersonation, 2nd, two counts of aggravated unauthorized operation, 2nd, open alcoholic beverage in motor vehicle, and unlawful possession of marijuana. Usselman was stopped at 1:49 a.m. Friday on West Main Street, Batavia, for an alleged traffic violation by Officer Mitchell Cowen. Usselman allegedly initially gave the officer the name of another person for his identity. Further investigation allegedly led to the discovery of an open container of an alcoholic beverage in the vehicle, marijuana and a revoked driver's license.

Bleyke Z. Culver, 20, of Willow Street, Batavia, is charged with disorderly conduct, trespass, and criminal mischief, 3rd. Batavia PD responded to a residence on Maple Street at 8:02 p.m. Friday for a report of a disturbance involving several people. Police were able to separate the parties and after an investigation, Culver was arrested. Culver was jailed (bail status not included in press release). Also arrested and charged with disorderly conduct, Laqueasha M. Taylor, 23, of Bank Street, Batavia.

Bryan S. Harris, 35, of Stratford Road, Buffalo, was arrested on a warrant stemming from an incident reported at 9 a.m., Feb. 23, 2015. No further details released.

Sandra Ann Muhs, 50, of South Street Road, Pavilion, is charged with driving while ability impaired by drugs, failure to keep right, and unsafe tires. Muhs was arrested by Deputy Mathew Clor following the report of a motor-vehicle accident, no injuries, at 5:56 a.m. Tuesday in the area of 9778 South Street Road, Pavilion.

Corey B. Rieser, 29, of Darien Center, is charged with aggravated unlicensed operation, 3rd, insecure license plate, and visibility distorted by broken glass. Rieser was stopped in the Town of Sheldon by Sgt. Colin Reagan, Wyoming County Sheriff's Office, for alleged traffic violations. He was jailed on $500 bail or $2,500 bond.