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Blue Devils bust out against Bishop Kearney for 36-12 victory

By Howard B. Owens
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The Blue Devils got their pandemic-shuffled season off to a hot start on a cold spring night at Van Detta Stadium on Saturday beating Bishop Kearney/Rochester Prep/Rochester Academy 36-12.

Batavia didn't let a slow start -- negative three yards on their first set of downs -- slow them down.

Jesse Reinhart was 10-16 passing for 157 yards and two TDs.

Terrez Smith rushed for 125 yards on 25 attempts and scored two TDs.

Jayden Osborne also had a TD on 59 yards over nine carries.

In receiving, Aidan Anderson had two catches for 57 yards and a TD, Tyler Budziniack had two receptions, 39 yards and a TD, while Alex Hale caught three passes for 39 yards to go along with a couple of interceptions on defense.

Photos by Jim Burns.

Apparently out of control 'controlled burn' reported in Elba

By Howard B. Owens

A deputy has asked for a fire response to 5838 Quaker Hill Road, Elba for a controlled burn that is apparently out of control.

A person is reportedly trying to put the fire out with a garden hose. 

The fire is about 20 yards from a residence.

Elba fire dispatched.

The spring burn ban began March 16 and lasts until May 14.

Notre Dame victorious over Lyons 46-0

By Howard B. Owens

Notre Dame was dominant Saturday against a disorganized and discombobulated Lyons at Van Detta, beating the visiting team 46-0.

Collin McCulley was 12-20 passing for 119 yards and a TD. Anthony Zambito caught seven passes for 38 yards. He also had 165 yards in kickoff returns and six tackles on defense.

Alonso Storey had the seven-yard TD reception.

Dylan Warner rushed for 105 yards on 10 carries and scored TDs on runs of 23 yards and six yards. On defense, he had four tackles and a sack.

Connor McWilliams had four tackles, five sacks, and a blocked punt that was returned for a TD.

Donato Fiorentino had seven tackles and two sacks.

Notre Dame had 312 yards total offense to 52 for Lyons.

Photos by Jim Burns.

Elba/O-A crushes Cuba-Rushford in return to 11-man football

By Howard B. Owens

Back to 11-man football, Elba/Oakfield-Alabama is picking up right where it left off in eight-man football in 2019: A high-powered offense and a stingy defense, judging by its 59-6 victory over Cuba-Rushford at Van Detta Stadium on Saturday.

Ty Mott rushed for 213 yards on 19 carries, scoring five touchdowns. Jayden Hughes rushed eight times for 93 yards and two TDs. Gaige Armbrewster had five carries, 69 yards, and a TD.

Peyton Yasses had a team-leading seven tackles.

"With such little time together with our full team thus far, I felt that our guys were able to come out early and execute at a high level," said Head Coach Tyler Winter. "The offense played with a nice flow. Defensively, our guys played physical and stayed disciplined for the four quarters. I am happy for our team and proud of the commitment they are showing for one another."

Photos by Kristin Smith. For more photos click here and here.

Accident reported in Pavilion

By Howard B. Owens

A motor-vehicle accident involving a tractor-trailer and van is reported at Route 63 and Route 19 in Pavilion.

Injuries are reported. 

The Pavilion fire chief radioed in the report of the accident.

One person is complaining of neck pain.

Le Roy springs into new season with 19-0 victory over Dansville

By Howard B. Owens
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Spring is in the air and so are footballs with several of them tossed last night at Cal-Mum by Alex Penepento to lead the Le Roy Oatkan Knights to a 19-0 win over Dansville to open the pandemic-shifted 2021 season.

Penepento was 11-17 passing for 151 yards and two touchdowns. He also rushed for 63 yards on 14 carries.

Nate Andres carried the ball 11 times for 26 yards and a TD. Andrews also caught four passes for 65 yards.  

Cody Lytle caught three passes for 46 yards and two TDs.

Cole Rauscher led the defense with six tackles.

The Knights gained 228 offensive yards to 103 for Dansville. The Knights also led in first downs 15 to 6.

Bergen man killed in crash on Dublin Road

By Howard B. Owens

A Bergen resident was killed in an overnight accident on Dublin Road, Bergen.

Bryan S. Holland, no age provided, was reportedly driving eastbound on Dublin Road at 12:30 a.m. when his vehicle left the roadway along the south shoulder, struck several mailboxes, a utility pole, and a tree.

The utility pole was sheared from its base, according to first responders, and the tree, with reportedly an 18-inch trunk and 30-feet tall, was knocked over.

Why Holland's vehicle left the road has not been determined.

The call came in at 12:32 a.m. When the first Bergen fire chief arrived on scene, he found Holland unresponsive. Coroner Tom Douglas was called to the scene and he pronounced Holland dead from injuries sustained in the crash.

The accident is under investigation by the Sheriff's Office Crash Management Team. Town of Bergen fire and Mercy EMS also responded.

(Initial Post)

Possible serious injury accident reported on Dublin Road, Bergen

By Howard B. Owens

A car has struck a utility pole in the area of 7634 Dublin Road, Bergen.

A person is trapped in the vehicle with possible serious injuries.

Dispatch is checking on the status of Mercy Flight.

Bergen fire and Mercy EMS responding.

UPDATE 1:44 a.m.: This is a fatal accident. The coroner is on scene. The Sheriff's Crash Management Team is on scene. Preliminarily, it appears the vehicle was eastbound and left the roadway, striking a couple of mailboxes before striking a utility pole and a tree. The pole was broken and the tree, with a trunk twice the size of the utility pole, was knocked over. It's believed the driver was the sole occupant. 

Remains of another body recovered at Tomaszewski funeral home

By Howard B. Owens

The Sheriff's Office has recovered the remains of another person apparently turned over to Michael S. Tomaszewski Funeral Home and Cremation Chapel for interment.

Chief Deputy Joseph Graff said no other information about the recovery will be released at this time. The case is under investigation and Graff said there will be a press release about the case if new charges are filed against Michael Tomaszewski.

Tomaszewski is already facing criminal charges for an alleged failure to properly bury the remains of a military veteran along with more than 200 criminal charges for allegedly misappropriating funds deposited with his business by families expecting to make prearrangments for funerals. The criminal complaint indicates the majority of customers lost from more than $2,000 up to $15,500 each.

There was also an allegation last year that Tomaszewski mishandled the remains of a baby but that case has never resulted in charges.

Graff said the discovery of the remains this week was the result of information provided to the Sheriff's Office by Tomaszewski's attorney. Tomaszewski is represented by Thomas Burns.

There is a plea offer pending for Tomaszewski and the defendant was expected to accept the plea at a hearing earlier this week but after an off-the-record conference with Judge Charles Zambito, the hearing was postponed until April 13.

This week, Tomaszewski's bankruptcy case was converted from a Chapter 11 (reorganization of debt) to a Chapter 7 (liquidation).

Bankruptcy judge grants change of status for Tomaszewski

By Howard B. Owens

Rather than reorganizing his debt, Michael S. Tomaszewski, the local funeral director also facing more than 200 criminal charges, is now seeking to dismiss all of his debt.

Today U.S. Bankruptcy Court Judge Carl L. Bucki signed an order converting Tomaszewski's bankruptcy filing from Chapter 11, in which a judge helps debtors and creditors arrive at a repayment plan, to Chapter 7, which would allow Tomaszewski to liquidate most of his assets and have any debts not paid after liquidation discharged.

Tomaszewski, both personally, and his company Acme Holdings of New York filed for bankruptcy in Federal Court on Feb. 5. Combined, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. 

That doesn't include any restitution he may be ordered to pay if convicted of the nearly 200 criminal charges he faces locally.

The 48-year-old funeral director and owner of Michael S. Tomaszewski Funeral Home and Cremation Chapel is charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services. He also charged with 61 counts of third-degree grand larceny, 29 counts of fourth-degree grand larceny, and three counts of petit larceny.

According to the Sheriff's Office arrest report from July 23, Tomaszewski received deposits from customers ranging from $350 to $15,500. His customers allegedly suffered a combined loss of more than $525,000.

The bankruptcy filing for Acme Holding remains Chapter 11, but there has been no activity on that case since February.

Yesterday, Tomaszewski was expected to formally accept a plea deal in his criminal case but for reasons unstated in court, the defendant declined to proceed and was granted a continuance of his case until April 13.

A year after the first COVID-19 case in Genesee County, a UMMC doctor reflects on dealing with the pandemic locally

By Howard B. Owens

A year ago today the first case of COVID-19 was identified in Genesee County and officials at United Memorial Medical Center were already preparing for what was widely feared would be a surge of cases that could overwhelm the hospital system.

The first wave never crested locally in the way it did in New York City or Italy, but the preparation did serve the staff at UMMC well when the second wave hit in December.

It was "all hands on deck," said Dr. Peter Janes, chairman of the Department of Medicine at UMMC and director of the hospitalist group.

'All Hands On Deck'

At the height of the winter surge, when dozens of local residents were hospitalized with COVID-19, every staff member at UMMC was pressed into service. Medical providers affiliated with the hospital assisted. Residents (doctors in training) worked extra hours. Nurses from other departments cared for coronavirus patients.

"The help we got in the second wave was shocking," Janes said. "We doubled our workforce, basically. We tripled our patient population and we at least doubled our workforce. It was just incredible to see. I was just so thankful because I just didn't know.

"I saw the numbers going up -- I'm just like, 'I'm not going to go home. I'm going to be here 24 hours a day. We're going to be sleeping in the hospital.' And people just kept coming in. We got extra people that work nights. I mean, that's amazing. We were able to shift people to do 12-hour overnights.

We got nurse practitioners who were working as nurses on the floors and helping out. Everybody was doing things, even the administration. We had people from the administrative hallway, people who have a background in health care, helping."

That included Dan Ireland, UMMC's president, who started his medical career as an orderly.

"I've seen him put on his scrubs and do some work," Janes said.

Planning for Widespread Contagious Disease

Like a lot of people, early in 2020, Janes saw the news coming out of China of a new SARS (severe acute respiratory syndrome) strain causing hospitalizations and death but thought -- as many people did -- that new viruses come along once in a while and don't cause a pandemic.  

Even so, Janes and his colleagues at UMMC and Rochester Regional Health, began to review plans and procedures for dealing with a widespread contagious disease.

"I think initially, we were like, 'oh, here is another story,' " Janes said. "But as it sort of built up, we realized this was going to be something."

Then, during the week of March 11, the whole nation realized at once, SARV-CoV-2 was here and it was serious. The NBA, the NHL, seasons were suspended and spring training was canceled. Colleges and schools started shutting down.

"March 11th was a Wednesday, and I think right around there, that might have been the Sabers' last game, and that's when my daughter was told she's getting school canceled," Janes said. "That was the last in-person meeting I had with Rochester Regional Health, March 11th.

"I was in Rochester and I took my daughter up to Rochester to meet some friends because she was home for college. And after that, I go to pick her up, and there she tells me her college is canceled. And that's the last time I had an in-person meeting in Rochester."

UMMC staff reviewed every part of the hospital in order to plan how best to use the space if there was a surge of patients as well as reviewing personnel rosters.

"In preparing, we went through and with a clipboard and paper looking at all the possible places," Janes said. "We went through and looked at different providers and their skill sets and different nurses and their skill sets and where they could be redeployed to. Then we looked at PPE (personnel protective equipment), saying, you know, 'are we going to have enough of this stuff?'

'It Was Kind of Crazy'

"And again, it was kind of crazy at first because we got a case, we got a couple of cases. then it was a few, or five or six cases, in the first couple of weeks and we're making all these big preparations and we're like is this it? But we knew from what was going on in New York and what was going on out on the West Coast, like in Seattle, we knew it was going to affect us."

Janes said he was always worried more about staffing to deal with a large wave of patients than he was about capacity at the hospital.

"We thought, 'is this going to be wartime medicine?' " Janes said. "Is this going to be like we get people in, we have a different setup. We have wards in different areas and hallways, whatever it is. But I said we can squeeze people in here.

"But if it's as bad as they say it could be, then it's going to be just that bad in Rochester, just that bad in Buffalo. It's going to be the providers, the nurses, the staff, the cleaning crews, the people making lunches and dinners, and everybody here. I'm thinking, manpower is going to be our biggest limiting step."

Early in the pandemic, the big worry was whether there would be enough ventilators to treat the most serious COVID-19 patients. That was why there was a major push -- "two weeks to flatten the curve" -- to slow the spread, to give hospitals time to be able to handle the influx of patients, and ensure there were enough ventilators to treat serious cases.

Treatment Evolves, Scientists Learn More

We did flatten the curve but the treatment of COVID-19 also evolved as doctors and scientists learned more about the new disease.

"During the second surge, we got up there with the ventilators in the system, for sure, we got to a point where we start to get a little nervous again," Janes said. "I think a couple of different approaches, and it's hard to put your finger on exactly what it was, but I think we utilized different medications like Decadron that we started after the hydroxychloroquine didn't really pan out.

"Decadron, and then there's another medicine, Remdesivir, that that may have really cut back on the progression of the disease to the ventilator. But we also early on, there's a question whether BiPAP should work or the high flow oxygen would work. So initially, I think you may be put on a ventilator sooner but now we hold off and get people through it without a ventilator."

The second surge was "pretty darn serious," Janes said, and it came in stages. At first, most of the patients were in their 40s to 60s and primarily had low oxygen levels (hypoxic) and the new treatments were effective with these patients.

In the next stage, nursing homes in the area here getting hit hard by the disease and older people were more frequently the patients being treated at the hospital. UMMC went from seeing an average of 30 to 35 patients per day to more than 80 patients were day.

"We really need people in here. And people came in and it wasn't just the providers, it wasn't just doctors," Janes said. "There were a lot of people who came in and there were nurses working in totally in different areas, our techs acting as aides upstairs, people who you have never seen before but they're all over the place and everybody pitched in. It was pretty amazing to see."

The Pandemic Has Changed Medicine, Maybe Society, Too

The pandemic has changed medicine, Janes said, it has probably also changed society. Certainly, he said, we won't stop wearing masks in some situations anytime soon.

Face coverings, he said, have proven their efficiency at slowing the spread of infectious diseases. The big drop in flu cases this season is one piece of evidence that people wearing masks, washing hands, keeping distance helps stop the spread of viruses.

"I don't see masks going away from health care any anytime soon," Janes said. "I don't see masks going away from Wegmans or Tops anytime soon, but I worry about a little bit about complacency and lack of vaccination. I think we're getting a lot of people vaccinated, but not everybody. And so I think a third surge is very possible (in the fall or winter)."

The one message he wants to leave readers with, though, is "don't neglect your health." People, he said, should not let apprehension about SARS-CoV-2 keep them from seeing their doctors and seeking preventive and ongoing care for their medical conditions and concerns. 

"I think people were so scared of the health care system in the spring, they pushed off of their care," Janes said. "And so in the spring, what we found was that you didn't come to the hospital unless you had COVID. People with chest pain and people with infections and people with lots of uncontrolled diabetes or heart failure were staying home and sort of suffering through that.

"And I think that led to a lot of worse outcomes. I want to really encourage people to take care of their health. They can't be scared of the doctor's office. They can't be scared of making a phone call. People have to still reach out to the providers, make sure that they're in contact with their doctors, with their providers."

Photo: Vaccine clinic visits Washington Towers

By Howard B. Owens

The Genesee County Health Department brought a COVID-19 vaccine clinic to Washington Towers today for residents who can't get to a vaccination site.  

Office for the Aging organized the clinic, Washington Towers staff registered residents online and the health department sent over the providers to administer the vaccines for up to 50 residents.

The residents received the Pfizer vaccine with a second dose schedule for early April.

The clinic set up at 400 Towers yesterday.

"We are so excited to finally be able to help our residents who don’t have internet access and/or transportation to go to an off-site location to get vaccinated," said Director Valerie Tidwell.

Jacobs supports extension of pandemic relief program for small businesses

By Howard B. Owens

Press release:

Congressman Chris Jacobs (NY-27) cosponsored and helped pass H.R. 1799, the Paycheck Protection Program (PPP) Extension Act.

“Small business owners are still facing major challenges as a result of COVID-19. As we work to rebuild our economy and get people back to work, it is important to ensure businesses have access to every resource possible,” Jacobs said.

“This legislation extends the application deadline for this successful program so more businesses can receive benefits and reopen.”

The Paycheck Protection Program Extension Act extends the deadline for a small business to apply for a PPP loan by two months. The application deadline was previously set at March 31st, 2021. For more information on how to apply, click here

Plea settlement in Tomaszewski case delayed until April

By Howard B. Owens

An anticipated plea from Michael S. Tomaszewski in his funeral home fraud case has been delayed until April 13 for reasons not revealed during a brief County Court hearing today.

During the virtual hearing, Judge Charles Zambito and both attorneys -- Thomas Burns for the defense and Assistant District Attorney Kaitlynn Schmit -- mentioned a prior off-the-record discussion about the case without indicating what was discussed, but it seemed to have some bearing on Tomaszewski's decision not to enter a plea today.

For the record, Schmit said she thought there should be no delay in the plea.

"I don’t think our discussion today is going to have any effect on the plea offer," Schmit said. "I would like to have closure for the victims in these cases. I would ask that we proceed with the defendant’s plea if that’s how he intends on proceeding."

There is no indication that Tomaszewski won't accept the plea deal that's been offered by the District Attorney's Office.  

At a hearing in early February, the pending plea offer was discussed. Under the terms, Tomaszewski would admit to a Class D felony, a Class E felony, and a misdemeanor public health law offense. There is no cap on Tomaszewski's possible sentence but his time would run concurrently on all three counts. 

The plea couldn't be accepted at that hearing because Tomaszewski had not yet been arraigned in Town of Batavia Court on pending charges in that jurisdiction.

Today, Zambito appointed himself acting town justice and accepted Tomaszewski's not guilty plea to those charges during an arraignment.

Those charges will be satisfied with a guilty plea if Tomaszewski accepts the pending plea offer.

Tomaszewski, who operated the Michael S. Tomaszewski Funeral Home and Cremation Chapel in Batavia for more than a decade, faces more than 200 charges stemming from accusations that he took money from customers who intended to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

The criminal complaint indicates the majority of customers lost from more than $2,000 up to $15,500 each.

The charges include 67 counts of third-degree grand larceny, 28 counts of fourth-degree grand larceny, four counts of falsifying business records, 93 counts of failure to deposit, seven counts of petit larceny, and counts of offering a false instrument for filing in the first degree, and scheme to defraud.

He's also accused of improperly handling the remains of a deceased veteran. 

While his criminal case is pending, so his bankruptcy case. He filed for Chapter 11 bankruptcy in February 2020. There was a hearing on the case yesterday, but the results of that hearing are not yet publicly available.

Driver cited in Sunday morning crash on West Main Street

By Howard B. Owens

Press release:

The Batavia Police Department has completed its investigation into the two-vehicle collision on West Main Street, that occurred on March 14th at 9:09 a.m. Constance Lamilia, 81, of Batavia, was operating a 2006 Saturn leaving Tops Market, preparing to turn left onto West Main Street.

Town of Batavia Fire Department Fire Chief, Daniel Coffey, 41, of Batavia, was traveling west on West Main Street, responding to an emergency call with lights and sirens activated, in a 2018 Chevrolet Tahoe owned by the Town of Batavia Fire Department. Lamilia failed to yield the right of way to Coffey while attempting her turn, causing her car to collide with the front right corner of the Chevrolet Tahoe.

Lamilia then continued east until her vehicle jumped the curb, struck a utility pole, and overturned, coming to a rest in the front yard of 389 West Main St. Lamilia was extricated by the City of Batavia Fire Department, and transported to ECMC (in Buffalo) for minor injuries.

Lamilia has since been released from the hospital. Coffey was not injured. No other vehicles were involved in the accident. West Main Street traffic was affected until approximately 7:30 p.m. The Batavia Police Department was assisted by the City of Batavia Fire Department, City of Batavia Public Works, National Grid, and Mercy EMS.

The Batavia Police Department would also like to thank all of the other motorists that assisted with the investigation by remaining in the area and speaking with officers. Constance Lamilia was issued a traffic ticket for failing to yield the right of way to an emergency vehicle. Lamilia is scheduled to appear in Batavia City Court on June 16th at 9 a.m. No further charges are pending.

Previously: Accident involving minivan, fire chief's car and utility pole under investigation

Pembroke woman arrested after deputy allegedly finds 13 dogs, two cats in deplorable conditions

By Howard B. Owens

UPDATE 10:26 a.m. March 31: The defendant's Pembroke Town Court date was later changed to Wednesday, April 14 at 1 p.m.

Olivia looks a lot better than she did on Jan. 22 when she arrived at the Genesee County Animal Shelter.

She was among 13 dogs and two cats Deputy Kevin McCarthy reportedly found in allegedly cruel circumstances. The dogs, according to his report, were covered in feces, urine, and surrounded by garbage. 

A volunteer pointed to one of the dogs at the shelter and noted she had been washed multiple times but still had a yellow urine stain on her coat.

The dogs look healthy now, but that's not the condition they were in when they arrived at the shelter, according to volunteers. They were underweight and filthy. 

The dogs have required significant medical attention, the volunteer said, driving up veterinary bills for Volunteers for Animals.

According to McCarthy, he found the dogs locked in cages at 1071 Akron Road, Pembroke.

He also reported finding 10 deceased rabbits inside the house that as well as a dead dog.

McCarthy arrested Lori Ann Adolf, 47, of Pembroke, and charged her with 26 counts of torturing or injuring animals and failure to provide proper sustenance along with one count of endangering a child.

Adolf was issued an appearance ticket and ordered to be in Town of Pembroke Court at 1 p.m., Wednesday, March 31. The court date was later changed to April 14.

The Sheriff's Office declined our FOIL request for intake photos of the dogs when they arrived at the shelter. Since Adolf was arrested on an appearance ticket, she was not booked into jail and there is no mug shot available.

The volunteer at the shelter thinks the dogs will make good family pets. They are friendly and eager to make friends. However, they can't be adopted until Adolf surrenders custody or by court order. So far, Adolf, the volunteer said, Adolf, has refused to surrender the cats and dogs, so they remain in custody at the animal shelter while her criminal case is pending.

Housing and caring for the felines and canines have been a financial burden for the volunteers and donations are requested. The following items can be donated at the shelter, and monetary donations are also welcome:

Dog food:

  • Purina One chicken and rice 
  • Wet food: chicken-based (due to dietary restrictions for dalmatians) 
  • Chicken-based dog treats

Cat food: 

  • Purina One Indoor Advantage, dry
  • Purina One Healthy Kitten (blue bag)

Donations of gift cards from Genesee Feeds and Petco are also welcome.

Increased demand, decreased supply push gas prices higher again

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.86, up 9 cents from last week. One year ago, the price was $2.27. The New York State average is $2.90 – up 7 cents from last week. A year ago, the NYS average was $2.50.

AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.84 (up 8 cents since last week)
  • Buffalo -- $2.82 (up 5 cents since last week)
  • Ithaca -- $2.87 (up 7 cents since last week)
  • Rochester -- $2.87 (up 6 cents since last week)
  • Rome -- $2.92 (up 6 cents since last week)
  • Syracuse -- $2.85 (up 5 cents since last week)
  • Watertown -- $2.92 (up 6 cents since last week)

Rising crude prices, tightening gas supplies, and increased gas demand continue to drive pump prices to higher ground. According to new data from the Energy Information Administration (EIA), total domestic gas stocks are down while demand is up. Last week’s demand measurement is the highest since the end of November 2020. If these trends continue alongside higher crude prices, drivers can expect pump prices to increase.

From GasBuddy:

"As Americans turn optimistic on COVID-19 pandemic recovery, we've been seeing insatiable demand for gasoline, which continues to recover far faster than oil production," said Patrick De Haan, head of petroleum analysis for GasBuddy. "According to GasBuddy data, last week's gasoline demand was just 1 percent below the pre-pandemic level, an extremely bullish factor likely to continue driving gas and oil prices up in the short term.

"The recovery in the last few weeks has been astounding -- both the speed and overall volume increases we've seen in our data lend credibility to the recovery, and perhaps will lead to continued price increases due to the continued imbalance between supply and demand.

"It's no longer a question of if we'll see gasoline demand return to near normal this year but when, and will oil producers rise to the occasion and be able to quickly ramp up output, or are we going to see the highest summer prices since 2014 until they jump into action? Only time will tell, but it's looking like things are heating up far more than expected since the start of the year."

Accident involving minivan, fire chief's car and utility pole under investigation

By Howard B. Owens

Police investigators have yet to determine what may have caused a driver of a minivan to accelerate -- if she did -- after the vehicle struck a Town of Batavia fire chief's car that was heading to a serious injury accident on Galloway Road.

The minivan appears to have been exiting the Tops Market parking lot shortly after 9 a.m. with the intention of turning left when it struck the emergency vehicle, which was in emergency mode, driven by Fire Chief Dan Coffey. Coffey's vehicle sustained damage on the passenger side front fender.

The older female driver, whose name is not being released at this time, then proceeded eastbound on West Main Street Road. The minivan appears to have accelerated after the initial collision, Sgt. Mitch Cowen confirmed, but what may have caused that apparent acceleration hasn't been determined.

The minivan headed toward the West Main intersection with River Street where both lanes were blocked by cars stopped at the red light. Lynn Mucica was driving one of those vehicles and said she saw a car coming up behind her fast and thought it was going to strike the car next to her and possibly involve her in an accident. The minivan then swerved and struck a utility pole with three transformers on it, snapping the pole off near the base. The minivan continued east and came to rest on its side in the yard of 389 W. Main St.  

City fire responded and extricated the driver from the vehicle.  

The driver is being treated at ECMC for minor injuries and has not yet been interviewed.  

A citation is possible, Cowen said.

Coffey was uninjured in the collision and did eventually make it to the accident scene on Galloway Road.

At this hour, West Main remains partially closed. National Grid crews are repairing the pole. At least one of the transformers leaked its oily liquid onto the roadway and National Grid has also dispatched an environmental cleanup team to deal with the spill. The work is expected to be completed shortly.

(Initial Report)

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