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A local landlord appeared in County Court today to enter a not guilty plea to a four-count indictment that accuses him of falsifying records and stealing Section 8 rent money from the state.

The charges stem from a dispute, said his attorney Fred Rarick outside of court, between James Pontillo and officials in Genesee County (see statement at bottom of the story for clarification) over the proceeds from the estate of Jeanne Veronica Pontillo, the 25-year-old sister of James Pontillo who died in 2012 from a rare form of cancer.

“There’s a lot more to this than him going out and saying 'I’m going to rip off my estate,' " Rarick said.

Jeanne Pontillo was not an official business partner with James Pontillo, but she helped him with his real estate investment business, Rarick said.

“If you just look at the history of James and his sister, they worked together very well for many, many years," Rarick said. "I’ve known Jeanne and James and I saw the way they worked together. She did the office and James bought the properties and refurbished them. They had an incredible relationship.”

James Pontillo is Jeanne's sole heir. Her estate included her personal residence.

After her death, James continued to manage that property, even renting it out with, according to Rarick, the blessings of the County Treasurer's Office (see statement at bottom of the story for clarification)​.

Everything was above board, Rarick said.

James Pontillo even paid all of the taxes on his sister's property. He also paid all of the funeral expenses instead of waiting for the estate to do it, Rarick said.

“Because," Rarick said, "ultimately he said, ‘it’s all coming to me anyway.’ ”

There are other allegations related to the handling of the estate by the County, but documentation was not immediately available.

Most arraignments are uneventful but two issues came up during Pontillo's arraignment today: A dispute over whether Pontillo had previously violated his release under supervision contract and a really unusual dispute over an order of protection.

There was a prior allegation that Pontillo left the county without properly notifying Genesee Justice. He apparently went to Monroe County to deal with property he owns there. According to Rarick, the issue was amicably resolved because there was some question as to whether the proper message got to the proper person at Genesee Justice, but Pontillo had called Genesee Justice about his plans.

As for the order of protection, typically, a temporary order of protection is issued to a defendant barring contact or harassment by the defendant of the crime victim, persons making an allegation or key witnesses. 

District Attorney Lawrence Friedman tried to make just that point to Interim Judge Micheal Pietruszka today when a disagreement arose over an order barring Pontillo's contact with County Treasurer Scott German.

Pietruska asked Friedman if he anticipated any trouble and Friedman said he doesn't typically ask for orders of protection because he anticipates trouble, but because he wants to ensure there isn't a problem.

The request for an order left the territory of ordinary when Rarick noted that because of the ongoing estate case, Pontillo might have contact with German. Friedman said he wasn't aware of any example of anybody being arrested because they had contact with a person during normal court proceedings.

Pietruszka amended the order to ensure it didn't cover legal proceedings and Friedman expressed concern that the language was too vague.

At that point, Pietruszka plopped a big book of statutes on his desk and started thumbing through it and then read a passage covering the need to show cause for an order of protection. He then pressed Friedman to show cause.

Friedman said he didn't come prepared to argue that point because of the routine nature of an order of protection, so he didn't have the specifics in front of him, but there had been, he said, communication between Pontillo and German that would be of a concern.

Rarick then objected to the order, noting that the DA had failed to show cause. Pietruszka asked for the signed copy of the order back, said he was vacating it and ripped it up.

Pontillo was released under supervision of Genesee Justice.  

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).

Photo: File photo of James Pontillo at his property in Stafford.

UPDATE: 4:50 p.m.: We emailed Scott German to give him a chance to respond. Here is his statement:

I will not comment on pending litigation. This litigation has nothing to do with the county, other county officials, or county attorney’s. The only reason I am involved is because I am the county treasurer and according to NYS law, when surrogates court determines there is no one qualified to serve as administrator of an estate, the surrogate names the county treasurer; I don’t get a choice. Apparently, at the time, the court determined no one was qualified to serve and I was appointed.

A Level 3 sex offender facing a possible life sentence on his latest charges of alleged sexual conduct with a child won't get a chance to make bail, Interim Judge Micheal Pietruszka ruled in Genesee County Court this morning.

The convicted sexual predator facing new sex crime charges now also stands accused of lashing out while at the Genesee County Jail and injuring another person and causing damage to county property.

Marlek E. Holmes was arraigned in County Court this morning on three sealed indictments.

The first indictment contained counts of assault in the second degree, a Class D violent felony, and criminal mischief in the third degree.

Holmes allegedly attacked another person while at the jail on Oct. 30 and also damaged a holding cell that day.

The other two indictments contain a total of 29 counts of criminal contempt for allegedly violating a restraining order by contacting another person.

Holmes, who is being held without bail, was escorted into the courtroom by a Sheriff's deputy.

Already a Level 3 sex offender, Holmes was arrested in late October on charges of two counts of predatory sexual assault, two counts of predatory sexual assault against a child, two counts of incest in the first degree, sexual abuse in the first degree, rape in the third degree, criminal sexual abuse in the third degree and two counts of incest in the third degree.

The Buffalo attorney who has been by the side of Jacquetta Simmons throughout most of the Batavia woman's court appearances since 2012 has apparently had enough.

After Simmons failed to appear in City Court yesterday to be sentenced on a harassment conviction, Ann Nichols asked to be taken off the case.

The judge told her to submit her request in writing.

Simmons made international news on Christmas Eve 2011 when she delivered a "roundhouse punch" to the face of an older cashier at Walmart.

The case eventually went to trial, Simmons was convicted and given a lengthy prison term by Judge Robert C. Noonan. That sentence was overturned by a higher court and Simmons was sent to jail for a year.

The harassment charge stems from an altercation with a woman at an event at a local nonprofit's meeting room.

A warrant had to be issued for Simmons arrest after that case. She was eventually located and arrested.

With her failure to appear yesterday, Simmons is again on the wanted list.

Via our news partner WBTA.

Press release:

“After meeting with one of the governor’s top officials today in Albany, I was reassured that, through a collaborative effort between the governor’s office, the Majorities in both houses, the bill’s sponsors and the New York State Gaming Association, we would find a solution to the state’s outdated gaming laws and allow the Stafford Fire Department and tens of thousands of volunteers in our charities, service clubs, nonprofits, churches and schools to continue conducting their annual charity raffles.

“The governor’s office reiterated that they intend to help our local charities and fire departments and admit that the decision to veto the legislation was not an easy one. I am hopeful that we will resolve the situation sooner rather than later, and I will do everything in my power to make it so.”

Oakfield-Alabama's Lego Robotics recently won a competition with their idea to assist a police dog with its work.

Their idea was a camera and speaker combination that would allow a K-9 officer to send the dog to a remote location and then be able to see what the dog saw and give the dog verbal commands. The communications device would also be used to talk with any victims or suspects found by the K-9.

The students called it the "Communi-K9" device.

The team now advances to the championship competition Dec. 11 at the University of Rochester.

Deputy Chris Erion provided the class with information about his job and his K-9, Destro.

Information and photo from team teacher Kim Maier via Chris Erion.

Press release:

The Health and Physical Education department at Genesee Community College once again congratulates Wolcott Street School in Le Roy for winning the 2016 Play to Get Fit Challenge. Le Roy has captured the title three years in a row. This is the fifth year GCC has conducted the program.

The Genesee Play to Get Fit Program was created for third-, fourth- and fifth-graders in the GLOW (Genesee, Livingston, Orleans and Wyoming counties) region to effectively illustrate how many minutes young people spend engaged in physical activity outside of school. Children keep track through a specially designed "Play to Get Fit" calendar log. Walking, biking, running, skating, swimming, playing a sport, playing tag, playing on a swing set and other active, creative games are all eligible for active "credit." However, video fitness games using Wii or Xbox Kinect are not eligible.

Wolcott Street School in Le Roy came out on top with a total of 177,679 minutes of physical activity outside of school. Becky Dziekan, GCC's director of Health and Physical Education, presented Michael Humphrey, Physical Education teacher, with a plaque recognizing the school's achievement. Each student participant also received a certificate.

Dziekan recognized Tommy Condidorio (Le Roy), Jake Pangrazio (York) and Daniel DeBadts (Warsaw), who were the top three students in the GLOW region and recorded the highest amounts of physical activity. In addition, the top three students at each participating school districts were also recognized for their efforts. The other winning students at the participating schools include:

• Le Roy – 1st Tommy Condidorio; 2nd Xavien Walker; 3rd Adam Woodworth

• Arcade – 1st Taylor Rosier; 2nd Kennedy Whiting; 3rd Jared Day

• Batavia – 1st Damien Marucci, 2nd Dane Dombrowski; 3rd Maggio & Bronx Buchholz

• Warsaw – 1st Daniel DeBadts; 2nd Sophie Montesano; 3rd JJ Holmes

• York – 1st Jake Pangrazio; 2nd Kyan Tiede; 3rd Christian Ralston

• Pavilion – 1st Christopher Doody; 2nd Karley Waller; 3rd Case Cummins

• Perry – 1st Jayden Pritchard; 2nd Natalie Jaques; 3rd Nina Privitera

• Byron-Bergen – 1st Brody Baubie; 2nd Anna McLaughlin; 3rd Victoria Rogoyski

• Elba – 1st Ayden Esten; 2nd Noah Calarco-Smith; 3rd Tristan Snell

"Play to Get Fit continues to encourage kids to have fun and be active," Dziekan said. "The number of kids that participated and the number of active minutes that were recorded show that we once again accomplished our mission. Congratulations to Le Roy and all of the participants."

The Health and Physical Education program at Genesee Community College offers several areas of study. Transfer degree programs or associate of science (A.S.) degrees include: Physical Education Studies and Sport Management Studies. Career degree programs applied associate of science degrees (A.A.S.) include Fitness and Recreation Management, including the Golf Management Concentration through which passionate golfers can turn the sport into a career.

Press release:

With courses spanning the fields of accounting to veterinary technology, criminal justice to communications, sports management to supply chain management, healthcare to human services -- and many more, the spring 2017 semester at Genesee Community College offers something for everyone! Register now to ensure your seat! Classes begin Tuesday, Jan. 17.

One of GCC's newest courses is Introduction to Solar Manufacturing (CHE193) taught by Brian Fraser, Ph.D., assistant professor of chemistry. The new course provides overview of the solar manufacturing industry including the latest technology, production and the growing market for the newest high-tech industry that promises to bring hundreds of new jobs to Western New York. Students will understand where and how the new local companies, Solar City and 1366 Technologies, fit within the solar industry and landscape. Through this course, students can explore if this may be a new career opportunity for them, and if so, the best pathway to pursue it.

"Anyone interested in solar energy and science will find this course very helpful. There will be enough information to help students appreciate careers in nanotechnology and other sciences, and understand the emerging developments in the solar industry. It is also a great general education elective with a focus on the future," Fraser said. "The hybrid format of the course also provides some flexibility with in-class and online requirements."

There is no prerequisite for CHE193, which meets Wednesdays from 1:25 – 2:45 p.m. at the Batavia campus starting Jan. 17 and running through May 13. Additionally, Professor Fraser will use a variety of freely accessible resources that include up-to-date information, rather than requiring purchase of a textbook.

GCC offers more than 70 degree and certificate programs, including more than 15 degrees that can be completed 100-percent online. Most degree and certificate programs feature online or hybrid courses and at least 50 percent of each program can be completed online without attending class at a campus center location. In addition, every course in GCC's Computer Information and Networking Technology program offers at least one section that uses the 360-degree learning model enabling students to learn anytime, anywhere and on any device. The instructors in these courses deliver two-way, interactive instruction in the classroom and/or online through personal computers, laptops, tablets and other smart communication devices. All course material is recorded and stored in the cloud, allowing students to review and revisit a class lecture for clarification.

"Without a doubt, GCC remains at the cutting edge of new teaching and learning opportunities," said Rafael Alicea-Maldonado, Ph.D.,  (Dr. RAM), dean of Math, Science and Career Education. "We hope anyone who is even remotely considering college education will contact us soon. There are so many great and affordable options."

No matter what industry or field, regardless of age and educational background, and irrespective of geography due to GCC's many online courses and seven campus locations -- this spring semester is the time to enroll in a course at GCC. The spring semester starts Tuesday, Jan. 17. To review the class schedule which features hundreds of courses, go to: http://www.genesee.edu/courses/schedule/

Press release:

The Innovation Zone in the Upstate MedTech Center is hosting an event for businesses, entrepreneurs, and start-up companies regarding various incentives to assist their businesses.

The event will take place on Wednesday, Dec. 7^th from 9 a.m. to 11 a.m. at 99 MedTech Drive, Suite 107, Batavia. It’s free and open to all business leaders including entrepreneurs and start-up companies ready to take their business to the next level with increased research and Development (R&D) activity.   

Certified Public Accountants from FreedMaxick including, Don Warrant, Sam Disalvo, Joesph Burwick, and Nick Zoyhofski will present on a variety of topics ranging from how the federal research tax credit system works to incentives available from New York State companies.  The presentation will focus on the manufacturing, technology, life sciences, medical devices and the software industries.

In addition to FreedMaxick, sponsors include the Genesee County Chamber of Commerce, the Genesee County Economic Development Center, Livingston County Development, Orleans County Economic Development Agency and the Wyoming County IDA.

At least three cars are reportedly involved in an accident in the area of 1130 Lewiston Road, Alabama. 

There maybe injuries. 

There maybe a drunken driver involved. A vehicle may have left the scene.

Traffic lanes may be blocked. 

Alabama fire and Mercy EMS responding.

UPDATE: There may be only two vehicles. One hit a tree and a passenger was left behind.

UPDATE 7:33 p.m.: Passenger is a sign off.

A two-car accident with possible minor injuries is reported at Veterans Memorial Drive and Lewiston Road, Batavia. 

Town of Batavia Fire and Mercy EMS dispatched. 

As he's done each of the past couple of years, Carmen DelPlato has sent us over a Christmas song to share with the community. The song is written by Mary DelPlato and performed by Anthony DelPlato.

Tesia Renee Plantiko, 24, of Harris Road, Le Roy, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument and criminal use of drug paraphernalia. Plantiko was arrested after police responded to a complaint at 9:50 a.m. Nov. 23 from a business on East Main Street, Batavia, that a woman had been in the restroom for more than two hours.

Joseph M. Marscelli Jr., 31, of Central Avenue, Batavia, was arrested on a warrant. Marsceilli allegedly failed to appear in City Court as ordered.

Francis W. Derenzo, 60, of Ellicott Street, Batavia, is charged with harassment, 2nd. Derenzo was allegedly involved in a domestic incident at 12:30 a.m. on Thursday.

Thomas J. Mitchell, 27, of West Main Street, Batavia, is charged with a violation of probation. He was jailed on $10,000 bail.

Dawn M. Newton, 56, of Crane Road, Medina, is arrested on a warrant. Newton turned herself in on the warrant, which is related to an alleged city code violation for deteriorating roof and gutters. Newton posted $350 bail and was released.

Shamir K. Aslam, 29, of Landstone Terrance, Rochester, is charged with criminal contempt, 1st, and criminal mischief, 4th. Aslam was allegedly involved in a domestic incident in violation of a court order and prevented a subject from contacting dispatchers for emergency assistance.

Richard Dean McKague, 26, of Main Street Road, Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. McKague allegedly pushed a person into a door and then kicked her. There was reportedly an order of protection in place. McKague was jailed on $500 bail or $2,000 bond.

A new all-terrain vehicle for the East Pembroke Volunteer Fire Department will help improve the search and rescue capabilities of fire departments throughout Genesee County, EPFD Chief Don Newton said yesterday.

"This a new tool, another tool, we have available," Newton said. "I think it's a great addition for the fire services."

The only other similar vehicle available for search and rescue operations is with the Alexander Volunteer Fire Department.

Jan Schafer, owner of Buck's Motorsports in Akron helped arrange for the vehicle for EPFD as part of a manufacture's program that allows the department to get free use of the four-wheeler for a year with an option to buy it at 20-percent below dealer costs at the end of the year.

All members of the EPFD will be trained in the operations of the new vehicle, which can be used not only to rescue hunters or snowmobilers, but to help fight small brush fires.

"We need the volunteer firefighters who support our snowmobilers, our ATVers, our hunters, and at events and parades to be well equipped," said Schafer, who is an East Pembroke resident. "I think it’s extremely important that they have some vehicles like this."

There's been an increasing need in the county, Newton said, for increased search and rescue capabilities.

"In our area, Genesee County, we've been getting over the years more and more calls for lost hunters, hurt hunters in the woods, more snowmobile accidents, four-wheeler accidents and ATV accidents," Newton said.

The new vehicle will make it easier and safer for firefighters and EMS personnel to get to a person in need of rescue and more safely get the patients to ambulances or Mercy Flight helicopters, which often must land far from a rescue scene because they're in wooded areas.

Newton said the vehicle not only serves the practical purposes of search and rescue but will also be a good fundraising and recruitment tool. The department can put it on display and show people what their financial support helps bring to the community and greater search and rescue capabilities will help bring in new volunteers interested in that kind of work.

Beth Kemp, who has been active in the Downtown business community since she and her husband, Brian Kemp, moved their business, T-Shirts Etc., to East Main Street in 2012, has been named the new executive director of the Business Improvement District.

Kemp replaces Laurie Oltramari, who resigned about two months ago, following a recruitment search by the board of directors that brought in potential job candidates from throughout the region.

Kemp thinks the board recognized her passion and commitment to Downtown.

"I feel there is a lot of potential for our Downtown and I would love the opportunity to bring it to the vision that I see," Kemp said. " I feel the board of directors is moving in the right direction. I think I’m able to collaborate nicely with all the organizations and the city. I have great relationships already established to move things forward."

In order to take the job, Kemp resigned from her director position with the Business Education Alliance.

The move seemed like a natural extension of her longtime involvement with the BID, she said.

"I've actually been in love with our downtown since we moved our small business down here," Kemp said. "I jumped on any opportunity I could take to get on all the committees to help with events to help other small business owners, so it just seemed like a perfect fit for me.  It’s everything that I love to do."

Since moving Downtown, T-Shirt's Etc., which started in the Harvester Center, them moved to the former WBTA building at Main and Harvester, before moving to East Main, has continued to grow and is now located on Center Street.

There's been some tension the past year or two between City Hall and the BID, but Kemp things will be smooth sailing going forward.

"For me personally, I’ve never had any tension or problem dealing with the City on any level," Kemp said. "They’ve always been very willing to help me with any event that we’re coordinating. Any committee I’ve been on, we’ve had great relationships. I don’t see that as being an issue at all."

A tractor-trailer is reportedly on fire at the Yellow Goose in Pavilion, the corner of Route 63 and Route 19.

Pavilion fire dispatched.

The 400 Towers resident who admitted to baking his cat to death will serve the next five years on probation, Interim Judge Michael Pietruszka ruled in Genesee County Court today.

The defense attorney for Darren Annovi, Lisa Kromer, argued that jail was not an appropriate sentence for Annovi because he has had persistent mental illness and has suffered from mental health issues since childhood.

Annovi has limited intelligence and did not intend to harm his cat, she said, even though he knew it would die in the hot oven, he apparently thought it would painlessly go to sleep and pass away.

During the term of Annovi's probation he will not be allowed to own any pets.

Wendy Castleman with Volunteers for Animals was hoping for more. 

“I think the concern I would have is the signal it sends to the public," she said. "This is a person who killed an animal in a cruel way and received probation. So does that make it OK for other people?”

Via our news partner, WBTA.

Press release:

 “I’m not sure if the governor is still half asleep on tryptophan from Thanksgiving, but it is unthinkable that he can morally and logically kill legislation that was passed 136 to 8 in the Assembly and 59 to 3 in the Senate. 

“Disrespectful and heartless doesn’t begin to describe Cuomo’s actions toward our tens of thousands of tireless volunteers in charities, churches and fire departments, who donate their time to improving their community and now have their hands tied when it comes to fundraising. Gov. Cuomo’s veto message claims the bill may be unconstitutional but our counsel here at the Assembly already ensured that the legislation was constitutional when it was drafted.”

“The Town of Stafford Fire Department has conducted their car raffle for roughly 70 years and now they are faced with a 300-percent budget increase without their fundraiser. This surely amounts to a tax hike for town residents who are already struggling under the nation’s highest taxes. Upstate fire departments are primarily volunteer and rely on these annual raffles for revenue and to fuel operation costs. Whereas downstate many firefighters are paid so this legislation isn’t as important to them. The veto further exemplifies the Upstate and Downstate divide and why ‘Two New Yorks’ should be put on the ballot.” 

“Actions like this are one of the reasons people are fleeing New York in droves. For a governor who cowardly avoids the Legislature to enact his policy agenda and perpetuates our state’s highest taxes in the nation, you’d think the least he could do was sign a non-controversial bill that helps charities raise money.”

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider approving applications for assistance from TJ Sheehan and Empire Pipeline at the agency’s Dec. 1 meeting.

TJ Sheehan, a Massachusetts-based wholesaler, is proposing to convert a former 37,500-square-foot Cargill facility in Alexander to a refrigerated beverage distribution center. 

Empire Pipeline owns and operates a compressor station and pipeline in the Town of Oakfield and is seeking a new 15-year fixed PILOT. All taxing jurisdictions have consented to the new PILOT structure. The project payments will enable water infrastructure installation as part of the Genesee County Phase II improvements, some of which will support the Western New York Science and Technology Advanced Manufacturing Park (WNY STAMP) project in the Town of Alabama.

Finally, the board will consider accepting an application and setting a public hearing for assistance from Yancey’s Fancy in which the cheese-making company will invest $5.5 million to expand and renovate the original Kutter's Cheese facility on Main Street in Pembroke. Yancey Fancy anticipates the project will create up to 15 full-time jobs.

The GCEDC board meeting will be held on Thursday Dec. 1st at 4 p.m. at the MedTech Center, across from Genesee Community College, on the first floor at the Innovation Center, Suite 107. All board meetings are open to the public.

Jordan Paul Fleming, 28, of East Bethany Le Roy Road, Bethany, is charged with third-degree sexual abuse. Fleming is accused of subjecting another person to sexual contact without that person's consent.

Fawn Lynn Marie Kaczmarek, 28, of Liberty Street, Batavia, is charged with criminal possession of a hypodermic instrument. Kaczmarek was allegedly found in possession of a needle during an investigation by Deputy Matthew Clor.