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House in Le Roy condemned after shifting off foundation

By Howard B. Owens

The renters of a home at 26 Union St. in the Village of Le Roy got a couple of free nights in a hotel after a county code enforcement officer condemned their dwelling Saturday night.

The Le Roy Fire Department initially responded to a call of a possible gas leak, but Chief William Wood said today there was no leak. The renters, he said, were advised to call the fire department after noticing a shift in the foundation to ensure there was no gas in the house.

"The shift was gradual, but over the past couple of days, it's moved quite a bit," Wood said.

Wood said he knew immediately that the building needed to be condemned, but wanted a code enforcement officer to confirm the decision. The Le Roy code enforcement officer was out of town, and none of the code enforcement officers from surrounding jurisdictions thought they had the authority to respond to the scene. Eventually, Tim Yaeger, Genesee County emergency coordinator, authorized the county's code enforcement officer to respond.  He condemned the house.

Wood didn't know where the renters might be following the two nights of accommodations provided by the Red Cross, but they can't move back into the house until the owner repairs the foundation.


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Paterson backs off license plate plan

By Howard B. Owens

The good news is, Gov. David Paterson has second thoughts about new license plate fees; the bad news is, Paterson is still talking about ways to "raise revenue" rather than cut costs, according to Associated Press.

The license plate plan announced last week had been expected to raise $129 by requiring vehicle owners to pay $25 to buy new plates starting next year.

The idea was immediately met with scorn by New Yorkers across the state.

More than 100,000 people signed an anti-license-plate-petition at nonewplates.com

Police Beat: Alleged violation of drug court rules leads to jail, $50,000 bail

By Howard B. Owens

Leon C. Bloom, 27, no permanent address, has been jailed on $50,000 bail for allegedly failing to abide by drug court rules.  In May, Bloom was arrested for allegedly violating an order of protection.

Timothy Daniel Eastridge, 32, of 30 Bennett Ave., Oakfield, is charged with criminal possession of stolen property, aggravated unlicensed operation, DWI, criminal mischief and unlawful possession of marijuana. Eastridge is accused of driving a stolen vehicle into a fence and tree near Alex's Place on Park Road, and then driving to the Batavia Downs parking lot, where he parked the car. Witnesses helped police find the car, and Eastridge was allegedly seen exiting the car. Eastridge was taken into custody by Deputy Chris Parker. The deputy reportedly found a marijuana pipe on Eastridge. The car was reportedly stolen from an area near Faletti's Ice Rink on Evans Street a short time earlier. Batavia Police assisted in the arrest.

Patricia A. Poole, 20, of 4036 W. Main Street Road, Batavia, is charged with petit larceny. Poole allegedly stole an item from Hess Mart on Nov. 8. She was jailed on $250 bail.

Brian J. Lambert, 28, of 120 State St., Upper, Batavia, is charged with unauthorized use of a vehicle in the third degree. Lambert was stopped in the Town of Alexander by Deputy Chris Parker after Lambert reportedly failed to return the vehicle of his mother's boyfriend as agreed.

Lonnie J. Hamilton, 22, of 14776 Baker Road, Kent, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Hamilton was stopped on Route 98 in the Town of Batavia by Sgt. Thomas Sanfratello for alleged failure to keep right. Sgt. Sanfratello concluded that Hamiliton was allegedly driving drunk.

Scott Joseph Richardson, 20, of 5 Lakewood Drive, Rochester, is charged with unlawful possession of marijuana. Richardson was reportedly the passenger in a car stopped for an alleged traffic violation by Deputy Patrick Reeves. Reeves reportedly found marijuana on Richardson.

Donald J. Monroe, 46, of 580 Cohocton Road, Corfu, is charged with DWI, and aggravated DWI with a BAC of .08 or greater. Deputy Patrick Reeves responded to the area of Cohocton Road in Pembroke after the Sheriff's Office received a report of a drunk or sick driver. He subsequently pulled over Monroe's vehicle and charged him with DWI.

Jonathan Scott Viterise, 21, of 75 Stone Fence Road, Rochester, is charged with unlawful possession of marijuana. Viterise was reportedly the passenger in a car stopped for an alleged traffic violation by Deputy Patrick Reeves. Reeves reportedly found marijuana on Viterise.

Richard Dale Fennell, 29, of 5 Exchange St., Akron, is charged with criminal possession of a controlled substance. Fennell was reportedly a passenger in a vehicle stopped by Deputy Patrick Reeves that was stopped for an alleged traffic violation. Reeves reportedly found a medication on Fennell for which he didn't have a prescription.

Gerald "Zach" Z.L. Watts, 25, of 5 Otis St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Watts was reportedly stopped on S. Lyon Street in Batavia by Sgt. Thomas Sanfratello of the Sheriff's Office for alleged failure to keep right.

Brett R. Doward, 23, of 16 Harvester Ave., Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving on the shoulder. Doward was reportedly stopped by Deputy Howard Carlson on Route 33 in Stafford.

Richard D. Ryan, 33, of 136 Pearl St., Batavia, is charged with criminal mischief. Ryan allegedly damaged furniture of his ex-girlfriend, valued at $250. He was jailed without bail.

Thomas K. Lee, 46, of 4 MacArthur Drive, Apt. 10, Batavia, is charged with two felony counts of criminal contempt and three counts of harassment. Lee allegedly violated an order of protection. The harassment charges stem from alleged actions toward the protected person, and the third count stems from alleged actions toward a probation officer. Lee was jailed without bail.

David P. Schlitz, Jr., 45, of 112 Howard Road, Batavia, is charged with DWI and refusal to take a breath test. Schlitz was reportedly stopped on Clinton Street by Officer Thad Mart after a caller provided the license plate number of a vehicle allegedly driven by a drunken driver.

A 16-year-old from Bergen is charged with harassment. The girl was reportedly involved in a domestic argument. She was jailed on $250 bail.

Christopher P. Clute, 30, of Middleport, is charged with auto stripping, third degree. Clute was arrested by State Police at 6566 Dysinger Road in Alabama.  He was issued an appearance ticket.

Today's Deals: Clor's, Mane Attractin, Settler's, Matty's and more

By Howard B. Owens

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $15 gift card for $7.50.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Brighten up your home or office with flowers! We have a $20 gift certificate for $8.50.

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

sold out

Today's Deals: Margarita's, Enchanted Florist, Kravings, T.F. Brown's and more

By Howard B. Owens

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Kravings, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Brighten up your home or office with flowers! We have a $20 gift certificate for $8.50.

Belladessa's Pizzeria/Jackson St. Grill, 9 Jackson St., Batavia, NY: Here's a deal -- half off on a Family Meal Deal from Belladessa's, which is a large 1 topping pizza, 24 wings and 2-liter bottle of soda. It's a $25 value for $12.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10.

Total Image Hair Salon/Sarah and Amanda Lowe, 226 Ellicott St., Batavia, NY: Time to update your style? Try something different or finally get the hair styling you've dreamed of, give Sarah or Amanda at Total Image a try. We have a $22 gift certificate for $10.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $15 gift card for $7.50.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. Dine-in, Take-Out, or Delivery. We have a $20 gift certificate for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

Former Batavian and former hostage Terry Anderson files for bankruptcy

By Howard B. Owens

Terry Anderson, the former Hezbollah hostage who grew up in Batavia, filed for Chapter 7 bankruptcy Nov. 3, according to Associated Press.

Now a lecturer at the University of Kentucky, Anderson was an AP correspondent in Lebanon in 1985 when he was abducted by terrorists following a tennis game. He was held hostage for six-and-a-half years.

According to AP, Anderson lists $60,000 in assets and $1.8 million in liabilities in his Chapter 7 filing. The filing lists 17 credit cards, some with debt related to a restaurant in the Virgin Islands.

Anderson filed a lawsuit against Iran over his captivity and received a $26 million settlement in 2002 from the government's frozen assets. With the money, according to Wikipedia, Anderson started charities and a blues bar in Athens, Ohio.

In 2004, Anderson ran for the Senate in Ohio. He was defeated by Republican Joy Padgett, whose campaign commercials suggested Anderson would be soft on terrorism. Anderson garnered 46 percent of the vote.

Today's Deals: Great Kutz, Adam Miller, O'Lacy's, Margarita's and more

By Howard B. Owens

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: Men, enjoy a $5 haircut again with this offer exclusive to The Batavian. (gift card can be applied toward other services, but not products).

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

O'Lacy's Irish Pub, 5 School St. Batavia, NY: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Kravings, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5. (NOTE: Because of people recently doubling up on their Kravings purchases -- transactions we had to cancel and refund money on -- we have FOUR Kravings gift certificates available this morning.)

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

The Manor House Open House

By Howard B. Owens

BATAVIA , NY -- With expansion finally complete, The Manor House Senior Community is ready to show off its new apartments.  Anybody interested can tour the apartments and amenities Sunday from 1 to 4 p.m. Personal tours are available, and suite reservations will be accepted. For more information, call (585) 344-2345.

The Manor House is located at 427 E. Main St, Batavia, NY.

Event Date and Time
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Suspected purse snatcher nabbed in Batavia

By Howard B. Owens

BATAVIA , NY -- A woman who allegedly tried to steal another woman's pocketbook as she left Wendy's on Main Street in Batavia this afternoon is in custody, charged with robbery in the third degree and petit larceny.

The suspect, Misty Guadagno, 23, of 120 State St., Batavia, was caught with the help of a man who was eating lunch in Wendy's parking lot.

The man reportedly chased Guadagno from the eatery into the Genesee Country Mall parking lot where he grabbed her and held her until police arrived. The victim and her husband also helped keep the suspect at the scene while waiting for police.

While the pocketbook and most of its contents were recovered, the cash disappeared.  Police are asking that anybody who might know what happened to the cash to call the police department at 345-6350.

Guadagno was arraigned in Batavia City Court and jailed without bail.

Original reports after the jump:

(First report filed by Billie Owens around noon)

A female suspected of purse snatching was apprehended at the Wendy's on Main Street in Batavia about 25 minutes ago.

She reportedly grabbed another woman's purse at the fast-food restaurant and attempted to flee. She was detained by another individual before she could escape and police were quickly on scene to make an arrest.

The suspect's name has not been released and no other information is available at this time.

UPDATE 1:02 p.m. (by Howard): Lt. Gene Jankowski confirms there was an attempted purse snatching. 

An older woman was exiting Wendy's when another woman grabbed her pocketbook and ran. The older woman yelled for help and a man in the parking lot chased the alleged purse snatcher into the Genesee Country Mall parking lot, where he was able to grab and hold the woman. The older woman and her husband also helped keep the suspect in custody until police arrived.

"It's a good thing the guy helped because we probably couldn't have caught up with her," Jankowski said.

Charges are pending and there is an ongoing investigation. The police are withholding the suspect's name until the investigation is completed.

Police Beat: Alleged probation violation in Greece

By Howard B. Owens

Charles Patrick Taylor, 32, of 238 Mason Ave., Greece, was picked up on a warrant for an alleged violation of probation. Taylor was arrested at the Greece Probation Department and arraigned in Stafford Town Court. Taylor was jailed on $200 bail.

A 17-year-old Elba Central School student is charged with unlawful possession of marijuana. The marijuana was reportedly found in her car.

County planning board rejects plan for drive-thru in Village of Alexander

By Howard B. Owens

A zoning regulation in the Village of Alexander that requires all new commercial buildings to line up along the sidewalk is facing a first-time challenge from an existing business that wants to change locations.

The owners of Country in the Village, a cafe on Route 98, want to build a new drive-thru business on Buffalo Road, but the business would have be set back from the street by 63 feet.

That violates the village plan to have all businesses line up in a block.

Tonight, the Genesee County Planning Board denied Gary and Bea Dominick's request for a special-use permit.

Planning Director Jim Duval said it will be up to the village to decide if it wants to waver from its commercial development plan, not the county planning board.

In other planning news:

The board denied a request for a variance at 3589 Pike Road in the Town of Batavia for a building to stable animals. Duval said the 25-foot set back put the building too close to the roadway.

A temporary-use permit was granted to the Town of Bethany to allow a retail store in its old Town Hall. The town is planning a country store, with a craft shop, grocery items, historical exhibit and learning center. The facility will also offer classes in fly tying and cake decorating, as well as craft classes for children. Multiple vendors will be offered space in the store.

In the Town of Darien, the developer of East Bonnie Brae is ready to build the second half of its housing project, filling out the east side of the development. The original plan called for the street that now serves the west side to loop around. But a landowner who would need to sell his land to make a portion of the street continuation possible, no longer wishes to sell. The proposed development addition would have a cul-de-sac. The problem with the proposal, according to Duval, is that 11 parcels do not have the required 100-foot set back. The developer, Duval said, disagrees with how the planning department is calculating the set back. The Town of Darien also advised the applicant that a required recreational area was not included. The board disapproved the preliminary plan for the development.

Two men suspected of manufacturing meth busted at house in Alabama

By Howard B. Owens

Two Genesee County men face federal charges of conspiracy to manufacture methamphetamine after local law enforcement agents raided a house on Lewiston Road in Alabama this morning.

Because of the toxic nature of the chemicals involved, a haz mat team has been on location all morning conducting clean up while investigators sift through the evidence, which includes chemicals, paraphernalia and guns. Two young men found at the location had to be decontaminated at the scene.

Sheriff Gary Maha announced the arrests at the 789 Lewiston Road residence at 10 a.m..

Taken into custody were Dustin R. Benham, 20, of 10472 Alleghany Road, Darien, who was in the house at the time of 6 a.m. raid. The owner of the home, Kenneth W. Mosholder, 44, was not in the dilapidated house this morning. He was arrested a few hours later at a friend's house at 135 Jackson St., Batavia.

Maha said his office sought federal charges in this case because he wants to send a clear message that the manufacture of meth will not be tolerated in Genesee County.  Meth labs are an epidemic in some rural counties around the nation, including some New York counties.

"This is the first methamphetamine lab in Genesee County that we know of," Maha said. "We want to send a clear message that we'll stop this cancer before it spreads. That's another reason for going for Federal prosecution in this case."

Moshholder's 17-year-old son was also in the house at the time of the raid, but he has not been charged with any crimes at this time. He has been turned over to social services, who will find a place for him to stay. Mosholder could face child endangerment charges, according to Maha.

Other charges may be pending against Mosholder and Benham.

Maha said the lab was small and fairly recent, but officials believe Mosholder intended to grow his alleged production facility. The Sheriff said as far as officials know, the drug was being distributed in Batavia. The investigation is ongoing as to whether other individuals were involved in the distribution.

"At this time we feel it's a relatively small operation," Maha said. "We know he's been living out here for about a year-and-a-half, so it's possible he's been dealing for a year-and-a-half. You'll get a look at the materials and you'll see how big of an operation it is. Even though it's a small operation, we think he was growing the operation based on our intelligence."

Mosholder is reportedly originally from the Genesee County area, but moved to Texas before returning to Alabama in 2008.

According to law enforcement officials on scene, the presence of guns in the house -- where meth was allegedly being manufactured -- could add up to 20 years of prison time to any eventual sentence the defendants receive if convicted.

Responding to the scene this morning to deal with the investigation and clean up were DEA chemists, members of the Genesee County Haz Mat Team, Genesee County Emergency Management, Mercy EMS and the Alabama Fire Department.

Participating in the investigation and arrests were the Genesee County Local Law Enforcement Task Force.

Mosholder and Benham will be arraigned in federal court in Buffalo later today.

Iraq vet who died outside Blockbuster honored in memorial service

By Howard B. Owens

James Maher, the 27-year-old Iraq War veteran who died from a head wound after falling outside the Blockbuster location on Lewiston, was honored by a group of fellow veterans this evening in a memorial service on the spot where he died.

Popular spaghetti dinner raises funds for Genesee Cancer Assistance

By Howard B. Owens

Our dinner tonight was some of Joe Gerace's famous spaghetti and meatballs at Holy Name of Mary Church in East Pembroke. The popular dinner is a fundraiser for Genesee Cancer Assistance. Friends told us to get their early because it's not unusual for them to run out of sauce.

Besides the great services provided by Genesee Cancer Assistance, one of the great things about the charity is that it has no overhead and all the money donated stays in Genesee County.

Gerace is pictured below on the right.

Man accused of assaulting Batavia police officer surrenders

By Howard B. Owens

A man who allegedly assaulted a Batavia police officer yesterday Friday has surrendered.

Paul F. Daly, 28, of 29 Waverly St., Cattaraugus, was at large since being released from a facility where he was taken for a mental-health evaluation. Before police could arrest him on criminal charges, Daly was let go and the police were not notified.

Daly, who was a patient at the VA Medical Center, surrendered to State Police in Amity.

Batavia PD Warrant Officer Dennis Rider negotiated with Daly to convince him to turn himself in.

"Basically, I started with family members, because they didn't want to say where he was, but I convinced them that the safest thing was for him to turn himself in," Rider said. "I wanted to avoid a confrontation if at all possible."

Daly is being transported by State Police to Batavia.

UPDATE: We've also learned that Chris Camp, the officer who was reportedly attacked, did try to deploy his Taser. The Taser was ineffective. Det. Schauf said, "it did not have its intended effect," though why it didn't work as it should is unknown.  As we reported previously, a passing citizen helped Camp subdue the suspect.

UPDATE 6:52 p.m.: Daly was delivered back into Batavia police custody this evening. He was arraigned and jailed without bail.

Previously:

Lawmakers go to Albany to fix budget, fail

By Howard B. Owens

Buffalo News writer Tom Precious pretty much says all that needs to be said about the state of the state in the first paragraph of his story today:

ALBANY — State lawmakers returned Tuesday to Albany, collected their per diems, ate free lunches, huddled with lobbyists and met with each other in private. But they were unable to accomplish the chief task that brought them back to the Capitol: budget repair.

That's good, honest reporting.

Batavia man admits to social services fraud

By Howard B. Owens

A Batavia man accused of fraud for not reporting income from self-employment while receiving social service benefits, pled guilty yesterday to one count of attempting to offer a false instrument for filing in the first degree.

Jeffrey Wawrzyniak, 37, was immediately sentenced to three years probation.

The charges were the result of an investigation by the Genesee County Department of Social Services. Wawrzyniak reportedly failed to report income from July to October 2008.

Wawrzyniak has paid restitution of $497.

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