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Press release:

Today, senators Charles E. Schumer and Kirsten Gillibrand and representatives Brian Higgins, Chris Collins, and Tom Reed announced that the Federal Emergency Management Administration (FEMA) has approved a federal disaster designation for nine Western New York counties, due to losses caused by excessive snow, flooding, freeze, and high winds that occurred from Nov. 19-26.

The FEMA disaster declaration will apply for the following counties: Cattaraugus, Chautauqua, Erie, Genesee, Jefferson, Lewis, Orleans, St. Lawrence, and Wyoming. This declaration will officially make municipalities within in these nine counties eligible for public assistance, which provides federal funds for emergency work and the repair or replacement of disaster-damaged facilities. These nine counties were deemed eligible for FEMA public assistance funds because they reached the specific damage threshold.

With this declaration, the state, counties, local governments, and certain nonprofit organizations will be eligible to apply for funding for debris removal, emergency protective measures, and permanent work, including the repair and replacement of disaster-damaged facilities. Specifically, permanent work can include the repair of roads and bridges, water control facilities, and utility systems and facilities; the repair or replacement of buildings and equipment; and the repair and restoration of parks, recreational facilities, and other facilities. In November, following the storm, Schumer, Gillibrand, Higgins, and Collins wrote to FEMA and urged the agency to be ready to issue this declaration so that emergency assistance could be made available to the municipalities in the counties that suffered as a result of this historic November snowstorm.

“This much-deserved federal disaster aid is just what the doctor ordered for hard hit taxpayers and county, city and town governments throughout Western New York, which had to spend heavily to dig out from this epic snowfall. We fought hard to deliver this federal aid and are pleased FEMA and the Obama Adminstration did the right thing so local taxpayers are not left footing the bill for this national disaster,” said Senator Schumer, who called FEMA Administrator and top White House officials to lobby for a prompt decision. “With this designation, Cattaraugus, Chautauqua, Erie, Genesee, Jefferson, Lewis, Orleans, St. Lawrence, and Wyoming counties will receive the support they need to recover and rebuild after this severe weather.”

"This federal disaster declaration is outstanding news for Western New Yorkers, and I thank President Obama for moving fast to make this decision,” Senator Gillibrand said. “I saw firsthand how devastating the unprecedented snowstorm was to our communities. I want to thank everyone for their effort as it was essential for losses to be documented efficiently and thoroughly so that we could quickly demonstrate to FEMA our need for these federal recovery funds. The state and the nation can all be inspired by the toughness and optimism of Western New York.”

“I applaud the President’s decision to issue a disaster declaration for the State of New York,” Congressman Higgins said. “This declaration will trigger federal funds from FEMA, providing critical support to eligible entities in nine counties, to help in recovery from the recent snowstorm, and assist in protecting against damage from future natural disasters.”

“The President’s disaster declaration today is an important step in aiding the rebuilding process for the thousands of individuals and businesses impacted by the deadly November storm,” said Congressman Chris Collins (NY-27). “I am proud of our first responders who worked tirelessly during the storm and our local officials who spent the last month assessing the damage.”

“I am glad that we were able to work together on a bipartisan basis to secure this support from FEMA and the President. This declaration is fair to the affected communities to help move forward from the major snowstorm in November,” Congressman Tom Reed said.

On November 19, New York declared a state of emergency for 10 counties in advance of the severe snowstorm which ended up causing nearly $50 million in damage to Western New York and the North Country. Areas in South Buffalo and the surrounding communities received a historic seven feet of snow. The storm caused damage to many businesses’ and residents’ property, including some roofs that caved in under the weight of the snow. This damage is all in addition to the economic injury that many small businesses suffered after being closed for a week.

FEMA public assistance funding covers 75 percent of the eligible cost for emergency measures and permanent restoration. All areas in New York are also eligible to apply for funding under the Hazard Mitigation Grant Program, which provides grants to states and local governments to implement long-term hazard mitigation measures.

The new entrance and lobby for Batavia Downs is nearly complete and is open now.

There is some finish-up, "trim" work to complete, said Ryan Hasenauer, marketing director for Western OTB, but otherwise, it's good to go.

Via The Batavian's news partner, WBTA

The flu virus has been detected among patients in the Genesee County Nursing Home and some staff members are also beginning to show symptoms.

Due to the contagious nature of the flu, visitors will not be allowed at the facility until further notice.

The flu is very hazardous to the elderly and should not be taken lightly, officials said.

The nursing home is working with the New York State Department of Health to limit the spread of the virus. Families should contact their Social Workers with any questions.

After denying a defense motion for a new trial, Judge Robert C. Noonan today sentenced Dashawn Butler to eight years in prison.

Accused of firing a handgun at another person Sept. 27, 2013, on State Street, Butler was convicted Nov. 22 following a jury trial of criminal use of a firearm, 2nd, criminal possession of a weapon, 2nd, and attempted assault, 1st.

On a motion by Defense Attorney Thomas Burns, Noonan reduced the second count to criminal possession of a weapon, 4th.

Burns argued during the trial and in written motions that the charges should be dismissed and the verdict overturned based on his contention that the prosecution failed to produce significant evidence of a weapon being used.

There was no physical evidence in the case, Burns said. 

"In this case there simply is no physical or forensic evidence that the firearm my client is alleged to have possessed was loaded, if it had ammunition, and if it did, if the ammunition was capable of being ignited and propelled, and that the firearm itself was operable," Burns said.

While Burns characterized witness testimony as that of a "layperson's" account, Noonan, in his written decision and order, gave substantial credence to the testimony.

"Although the weapon in question was never recovered," Noonan wrote, "the victim's testimony that the defendant shot at him three times such that he could actually see the fire coming out of the barrel of the gun, together with other eyewitness testimony as to the defendant's possession of a small black revolver which he pulled out and shot at victim repeatedly before the gun jammed, as well as the defendant's subsequent possession of the same weapon and statements to the effect that the victim was not hit and the gun jammed either because the bullets were too big or blanks, provides sufficient, circumstantial evidence that the gun possessed by the defendant was operable immediately prior to jamming."

District Attorney Lawrence Friedman asked Noonan to send Butler to prison for a long stretch.

"Based on his criminal history and his conduct this case, involving firing a loaded handgun, not only at another person, but while other people were in the area, and based on this defendant's intimidation of a witness, which was laid out for the court in great detail, we're asking for the maximum sentence," Friedman said.

Burns suggest a minimum sentence would be more appropriate.

"My client is a young man who has children and does not have an extensive hard criminal history," Burns said. "Given the wide range of sentencing options available to the court, a minimum, determinate sentence would be appropriate."

Noonan said it was an unusual case and an unusual trial, but the conviction was serious enough to warrant the maximum sentence.

A residence on Summit Street was raided by Batavia's Emergency Response Team shortly before 4 p.m. to search for the fruits of alleged thefts in Albion.

The ERT was called in, Assistant Chief Rob Yaeger said, because there were reports that weapons were being sold out of the residence.

Yaeger didn't say what was recovered or who was detained because it's an Albion PD case.

A flash-bang device was used to help create a distraction, which caused at least one neighboring resident to report "shots fired" on Summit Street.  

The operation was undertaken to execute a search warrant and Yaeger said the search was fruitful.

Further details when they become available.

UPDATE: Press release from Albion PD:

The Albion Police Department has made an arrest in relation to the ongoing investigation regarding the larcenies and burglaries that have occurred over the past several weeks in the Northeast side of the Village of Albion.

Search Warrants were executed at two locations in the Village of Albion on Saturday (12-20-14) and one search warrant was executed today (12-22-14) at a location in the City of Batavia.

A large quantity of stolen property was recovered as a result of the search warrants and additional persons of interest have been identified.

The case is ongoing with additional arrests expected. The names of those arrested, wanted or other persons of interest are not being released at this time. A more complete press release will be done when the investigation is closer to being completed.

The Albion Police are asking anyone who may have had items stolen, regardless if they have filed a Police Report, to contact the Albion Police Department at 585-589-5627 to identify and recover their stolen property.

The Albion Police were assisted by the Batavia Police Department, Batavia Police Emergency Response Team and the Genesee County Drug Task Force.

Anyone with information regarding the crimes is asked to call the Albion Police Department at 585-589-5627.

Photo: Ellsworth Avenue as the incident was wrapping up.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is wishing residents of the 139th Assembly District and all New Yorkers a happy and safe Christmas season. Hawley commented that Christmas is an important time of the year to appreciate what we have and enjoy buying and receiving gifts for family and friends.

“On behalf of myself and my family I would like to wish all of my constituents and New Yorkers statewide a Merry Christmas,” Hawley said. “I encourage everyone to spend the upcoming holiday with loved ones and make an attempt to give back to those less fortunate so that they may be able to enjoy the holiday as well. While you are enjoying Christmas with loved ones, please take time and reflect on those members of our armed services that will spend the holidays away from their families in duty to our nation.

Hawley, a veteran of the Army National Guard and U.S. Army Reserves, has been a strong advocate for veterans’ affairs during his time in the Legislature, serving as Ranking Minority Member of the Assembly’s Veterans Affairs Committee. Hawley, born and raised in Western New York, is a strong proponent for families and takes every opportunity to support family and community bonding.

Jeffrey L. Deats, the 28-year-old Batavia resident held on a manslaughter charge in the death of Baby Chandler Zuchs, reportedly attempted suicide overnight.

Sheriff Gary Maha said Deats was found in his cell at 11:55 p.m. He had tried to use a bedsheet to hang himself.

A corrections officer performed CPR. Deats was transported to UMMC and later transferred to ECMC, where he is listed in critical condition.

"I cannot comment on his medical condition due to confidentially issues, but he is still alive," Maha said.

A corrections officer had made a routine check of his cell nine minutes prior to Deats being found during the suicide attempt.

Deats was arrested Wednesday on a charge of manslaughter, 2nd.  

Six-month-old Chandler Zuchs, whom at the time Deats apparently believed was his son, was on an overnight visit the weekend before at the Olyn Avenue home of Deats when the child died.

Baby Chandler suffered brain injuries, according to a Medical Examiner's report, authorities said.

Following the arrest of Deats, a DNA report surfaced that showed another man, not Deats, was the biological father of Baby Chandler.

Previously: 

• Father in custody in case of infant's death in Batavia
• Baby Chandler suffered head trauma, authorities say
• Man held in Baby Chandler case is not the father
• Video: This morning's press conference on death of Baby Chandler

Press release:

State troopers in Batavia are joining police, firefighters and first responders from agencies across Western New York in the Unyts Holiday Heroes campaign. Agencies will host blood drives in December and January. The events will also include Donate Life Registry drives where they’ll be encouraging the public to sign up to become organ, eye and tissue donors. Unyts is Western New York’s only organ, eye, tissue and community blood center.

Unyts’ Donate Life Express Bus will be set up outside the New York State Police station in Batavia (4525 W. Saile Drive) on Monday, Dec. 22 from 10 a.m. – 4 p.m. Appointments can be made at www.unyts.org or by calling 716-512-7940.

The holidays are generally a time when fewer people give blood, but the need for blood remains.Unyts is the primary provider of blood and platelet products for Kaleida Health, ECMC and all hospitals in Niagara and Wyoming counties. All blood donated through Unyts remains in Western New York.

More than 10,400 New Yorkers are currently waiting for a lifesaving organ transplant. Police, firefighters and first responders are urging more people to join the New York State Donate Life Registry. During the Holiday Heroes campaign, several organ recipients are sharing their own stories to encourage others to donate.

Victor Morales, the public information officer for Troop A of the New York State Police, shared the story of his kidney transplant to encourage others to give. Morales was born with only one kidney. In January 2001, he was diagnosed with polycystic kidney disease and learned he would need a transplant. He joined the waiting list for a short time, but his cousin came forward as a living donor. Morales received a kidney from her on Oct. 4, 2001.

“It’s made me a new man,” Morales said of his transplant. “It gave me a new lease on life and I’ve tried to do what I can to make it worthwhile.” That new lease on life has enabled him to continue his service with the State Police, spend time with his wife and daughters, and perform as an actor in Western New York theaters.

Among the organizations hosting or promoting Unyts drives are: the Erie County Sheriff's Office; New York State Police in Lockport and Batavia; U.S. Customs and Border Protection in Buffalo and Lewiston; the Buffalo Police Department; and fire companies and police departments around the area. A full list of drives is available at www.unyts.org.

Press release:

National Grid’s latest grant of $500,000 in the Science and Technology Advanced Manufacturing Park (STAMP) site in the Town of Alabama in Genesee County has now reached the $1.5 million threshold. Since 2007, National Grid has provided STAMP with various economic development grants to the Genesee County Economic Development Center (GCEDC), which is developing the site and marketing it to corporate site selectors as well as nanotechnology and advanced manufacturing companies throughout the United States and the world.

“We are extremely excited to have such strong support from National Gird to help us bring the next generation of advanced manufacturing to Western New York,” said Steve Hyde, president and CEO of the GCEDC. “STAMP has received significant support from business, education and economic development groups and organizations from Buffalo and Rochester, so it is truly a collaborative effort to bring this transformative economic development project to our region.”

STAMP is a 1,250-acre site and is aligned to attract the next generation of nanotechnology companies, including semiconductor chip fabs, flat panel displays, solar, bio-manufacturing, and advanced manufacturing companies to New York State. Most recently, STAMP was appropriated $33 million in the 2014-15 state budget to bring the site to a shovel-ready status. This funding will be used for pre-construction engineering, sewer and water lines and other utility hook-ups and other infrastructure enhancements.

“We have seen a number of major gains in the bringing new and advanced technologies to the region, and we’re confident that STAMP will continue the significant economic development momentum in the region in the science, technology and advanced manufacturing areas,” said Dennis Elsenbeck, regional executive for National Grid in Western New York.“

“The GCEDC has an excellent track record in economic development, as evidenced most recently by the construction of the Genesee Valley Agri-Business Park, which led to the construction to two major yogurt manufacturing facilities,” said Arthur W. Hamlin, director, economic development and corporate citizenship at National Grid. “We are optimistic that the same ‘build it and they will come’ approach used at the agri-business park will also reap significant economic development and job outcomes at the STAMP site.”

STAMP is located in the New York Power Authority’s (NYPA) low-cost hydropower zone. The site is within a 60-minute commute of 2.1 million residents from the Rochester and Buffalo metro regions as well as six university centers with more than 17,000 enrolled engineering students. According to GCEDC officials, STAMP has the potential to generate $30-$50 billion in investment and employ up to 10,000 workers on-site. The supply chain impact could add another 50,000 jobs.

The grants to the GCEDC are from a number of National Grid programs, including the Strategic Economic Development Program designed to increase effective marketing and sales initiatives aimed at “strategic targets.” This program provides expertise and incremental resources to leverage more and better macro-level business attraction research, marketing and sales efforts. Other grants have helped support hard infrastructure improvements to the site. Information about National Grid’s suite of economic programs is available at www.shovelready.com.

We ran a Flip Ad contest on Thursday, but unfortunately, I got really busy over the next couple of days, so sorry for not announcing the winner sooner.

The winner is Elizabeth Downie, of Batavia. Downie correctly identified the Flip Ad code phrase of "Centennial Park."

We'll run another contest this week.

Supporters of GO ART! and local music fans enjoyed an energetic show Saturday night at GCC's Stuart Steiner Theatre of the Haley & Alexis Band.

The twin sisters hail from Atlanta, but have roots in Genesee and Orleans counties, and the front row was filled with relatives.

It's the first time the band -- nominated for the Georgia Country Music “Best (Regional) Country Band Award” -- has played north of the Mason-Dixon line. 

Hiram Kasten was the evening's emcee. 

CORRECTION: We're not going to change the headline because it would break the link to the story, but Filmore Street is not a subject in the resident's lawsuit over the duplex's constructed in the area.

Village of Le Roy trustees held an emergency meeting Saturday morning and voted to plow a portion of Filmore Street that is privately owned.

The section of street is the subject of a lawsuit filed by residents in Presidential Acres against the village after the village paved the street at a cost of $48,000.

The street is owned by local businessman Pete McQuillen.

There are residential units -- also the subject of a lawsuit -- along the street and trustees said they decided that while the legal wrangling winds through the process, those residents deserve to have their street plowed. 

It's a public safety issue, they said.

"My only reason for making this motion is, all you lawyers, someday you will work this all out, but the people living there should not be caught in the middle," said Trustee Jim Bonacquisti. "Those people who live in that section should expect the street to get plowed, no matter who it is.   This will all get taken care of, maybe years from now, but for somebody who lives there today, we need to take care of them. Whether you think it's an emergency, somebody who lives in the village expects their streets to be plowed."

Attorneys Amy Kendall and Alan Knauf, who are representing the Presidential Acres residents in the lawsuits, attended Saturday's meeting and argued against the the village plowing the street, as did David Boyce, one of the residents who is a party in the suit.

Knauf said he's been involved in cases like this before and NYS law, as well as the state Constitution clearly state that government money cannot be expended on maintaining private property, except in an emergency.

"I deal with this all the time," Knauf said. "In law, we have to make judgement calls, but there's no emergency today. What's the emergency? There is none."

It's the owner of the street, not the village taxpayers who should be paying for the street getting plowed in snow storms, Knauf said.

"If I had ice on my driveway and my wife comes down the steps of the back porch and might slip, I don't think that's an emergency situation where I could cal the fire department to come and clear my driveway," Knauf said. "That's my responsibility as a property owner."

Mayor Greg Rogers said the emergency meeting was called because the board failed Wednesday night to come out of executive session and take a public vote on the decision.  

The action was taken, he said, based on the advice of the village attorney to ensure the safety of residents off Filmore is taken into consideration.

Under terms of the resolution instructing DPW to plow the street, workers must maintain an account of the cost of plowing that section of street.

Here are the latest game results for all of the Genesee County boys basketball teams (photos of the Le Roy vs. Letchworth game by David Boyce).

Letchworth (1-4) pulled out a narrow victory against Le Roy (1-5) on Friday night, 46-44. For Le Roy, Nick Egeling had 11 points and 10 rebounds and Tom Kelso scored 12. For Letchworth, Brad Bliss had 13, including the game-winning layup with :03 left in the 4th. Anthony Butler and Curtis Hoffman each had 10.

Notre Dame (3-0) beat Attica (2-2) 60-43 on Friday. Josh Johnson scored 19 and nine rebounds. Curtis Nellis noted a double-double with 10 points and 11 rebounds. C.J. Suozzi had 13 points. For Attica, Owen Thompson scored 18.

Byron-Bergen (4-1) won an OT victory over Lyndonville (3-3), 87-79. For BB, Brandon Burke had 22 points, Nick Magin 21 and Steele Truax, 21. Jordon Coffta made a three-pointer with :03 left in the 4th to send the game into overtime.

Pembroke moved to 2-4 with a 52-43 win over Alexander (1-4). Ryan Cansdale had 21 points and nine assists. Kyle Ludwig scored 14. Reid Miano had eight rebounds. For Alexander, Matt Genaway had 10 points, Tyler Laird 11 with eight rebounds and Jake Riggs had 10 points, eight rebounds and six assists.

Elba (1-4) fell to Wheatland-Chili, 67-50. For Elba, John Hochmuth scored 22 to go with six rebounds and Dakota Dillion had five assists.

Oakfield-Alabama is 2-3 after beating Attica on Thursday, 70-65. Ryan Cummings had 24 points, Ryan Emery 21 and Josiah Yantz, 10.

Pavilion fell to Cal-Mum on Wednesday, 75-25. Pavilion is now 3-3. Evan Cleveland had eight points and Hayden Ewell, six.

Batavia beat Bishop-Timon 77-46 to improve to 2-1. Jeff Redband scored 32 and Jerret Laskett had 12.

The wreaths that help make Byron a little more festive this time of year where hung with care today by members of the Byron and South Byron fire departments. This is the first year the volunteers took on the task rather than the highway department, a firefighter said.

Top two photos submitted by Charles Durkee, bottom one from Jacob Yasses.

Members of the Hesperus Masonic Lodge in Bergen gathered at the Bergen Fire Hall this morning to engage in one of their holiday traditions -- putting together Christmas baskets of food and gifts for needy members of the community.

Pictured: Harris Busmire, Joyce Sands, Richard Sands, Charles Coye and Bob Aradine.

Purely by coincidence Anita Strollo and I were both at the UB Bulls men's basketball game last night. She was there to meet Bobby Hurley in person. Her cousin, Sonny Falcone, is strength and condition coach at Duke University and is good friends with Hurley. Hurley, now head coach at UB, is one of the greatest collegiate point guards in history and helped lead the Blue Devils to a pair of NCAA national championships. Strollo, a Batavia resident, gave him a Christmas gift of some of her homemade cookies after the game. Buffalo beat Niagara 88-62.

Press release:

The Byron-Bergen Central School District community has been doing an amazing job of providing assistance to some of our community families during the holidays for many years. 

The B-B community members, administrators, faculty, staff, and students donated toys and games, clothing items, rolls of wrapping paper, and more than 1,000 nonperishable food items. 

The B-B winter sports teams donated more than 500 nonperishable food items and assisted with packing fruit bags! Also, close to $2,400 was donated by the community, administrators, faculty, and staff so we could purchase gifts for families in need from our school district. 

All the food items will be picked up by the local Hesperus Lodge No. 837 Free & Accepted Masons for sorting and packing into 90-plus food baskets for local families (as they have done for many, many years), with several community, Board of Education, and school district members pitching in to help. 

Sponsors of this holiday goodwill were organized by Hesperus Lodge No. 837 Free & Accepted Masons and coordinated by Dick Sands; and include the faculty, staff, and students of Byron-Bergen CSD; the Byron-Bergen community members, and area businesses. 

Food baskets and gifts will be delivered on Saturday, Dec. 20, by the Masons, community, and school volunteers. All involved truly believe in the magic of the holiday season!

How would you like your burrito? Hot and spicy or mild and flavorful? Steak, ground beef, chicken or pork, or maybe just beans and rice? However you like your burritos, whether it's the same recipe today and tomorrow or you like to mix it up every day, Leon and Maryez Ramirez promise you this: It will be made from only the freshest ingredients. 

The couple, who also own Rancho Viejo Restaurant on Ellicott Street, decided to open their new place, El Burrito Loco, in the Valu Plaza because they thought Batavia needed a place like this.

"The reason we came out with this idea is because there's nothing like this in Batavia," Leon said. "People are always looking for different places to eat and me and my wife always had this idea."

The restaurant seats 60, but burritos and tacos always make great to-go food.

Maryez is planning on expanding the menu to include salads -- healthy salads, she says, and always fresh -- and natural fruit drinks.

The Ramirez's said Rancho Viejo is doing very well and they think the new place will complement their existing restaurant, offering another style of food and dining for residents hungry for Mexican cuisine.

"We want to invite people in," Leon said. "Me, my wife and my family, we appreciate everybody in Batavia and surrounding areas for their support at Rancho and we hope they like this one, too."

Photo: Leon, Maryez, Alicia and Elkim.

A Byron resident died after an early morning fire swept through his home on Caswell Road.

A woman who also lived at the house survived and was transported by ambulance to UMMC after she was rescued by volunteer firefighters.

Their names have not yet been released by authorities.

The cause of the fire, reported at 2:06 a.m., has not been determined.

Chief Charles Durkee, Byron Fire Department, said when his assistant chief arrived on scene, he reported smoke showing.

Two fire trucks arrived quickly and while one crew worked to establish water lines, another crew went to the roof to try and cut a hole for ventilation.

"The roof was so icy, they couldn't even get off the ladder," Durkee said. "That plan was quickly abandoned."

As crews fought the blaze, firefighters entered the house and were able to locate the female resident and carry her to safety, but they could not locate the male resident.

He reportedly succombed to smoke inhalation and his body was found later in the kitchen area.

This fire was difficult to fight because the closest hydrants are a couple of miles away, and it was made harder when a power line fell.

"We started sending trucks around in a loop but then this wire behind me dropped," Durkee said. "It went right across the road. We had to abandon the aerial. We had to abandon all hand lines that were underneath it. We had to re-rig some hand lines so we could start fighting the fire and bringing the tankers in from one direction." 

It took about 45 minutes to get the fire knocked down and an hour to get it under control, Durkee said.

Responding to the fire were Byron, South Byron, Elba, Barre, Bergen, Brockport, Stafford, Town of Batavia and City of Batavia, as well as medics from Mercy EMS and Le Roy Ambulance.

There are investigators on scene from the state's Fire Prevention Services and the county's Emergency Management Office.  

The Sheriff's Office is assisting in the investigation.

UPDATE: The deceased is identified as Warren Leaton, 90.

UPDATE: Norine R. Leaton, 84, was rescued by volunteer firefighters when she was found in a breezeway, according to a Sheriff's Office release. The body of the deceased was inside the residence. The man's body has been taken to the Monroe County Medical Examiner's Office, the report says. The remains have not been positively identified, according to the release. The Batavian's news partner 13WHAM spoke with family members, and they said Warren Leaton passed in the fire.