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After decade of delays, property owner ordered to show proof he can bring Stafford Odd Fellows Hall up to code

By Howard B. Owens
Odd Fellows Hall Stafford 6177 Main Road
Photo taken this week of the former Odd Fellows Hall, 6177 Main Road, in Stafford.
Photo by Howard Owens.

James Pontillo, owner of the former Odd Fellows Hall in Stafford, located at 6177 Main Road, in the middle of the hamlet, is under court order to produce architectural plans drawn up by an engineer for renovations of the building along with proof of the financial means to complete the project.

The court order, signed by Judge Diane Y. Devlin, Genesee County Supreme Court, is similar to multiple demands made by officials in the town of Stafford over the past decade. 

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James Pontillo, file photo from July.
Photo by Howard Owens.

The deadline for Pontillo to produced plans was Oct. 3, but the court appearance scheduled that day was canceled because one of the attorneys in the case couldn't appear. It's unknown if he met that deadline. He has until Oct. 17 to provide proof that he can afford to complete the project.

The Odd Fellows Hall was built in 1890. It is 5,978 square feet. Pontillo acquired it at auction for $40,000 from Terry Platt in December 2010.

Since then, Pontillo has seemingly struggled to remodel and restore the building. He's often pointed to the town of Stafford officials as obstructionists. Town officials have prodded him repeatedly over the past decade to submit remodeling plans in order to obtain building permits and to bring the building up to code. There have also been questions about his financial ability to complete any effort to bring the building up to code. 

At times, Pontillo has also complained that the owners of a neighboring property also hinder his ability to complete exterior work requested by the town.


See also: Timeline, based on public documents, of issues with Stafford Odd Fellows Hall since acquired by James Pontillo


As early as December 2010, town officials noted Pontillo's lack of follow-through on presenting plans to the town, according to public records obtained by The Batavian through a Freedom of Information Law request filed with the town.

On at least four occasions, code enforcement officers have issued notices of code violations with orders to correct those violations.  Pontillo's efforts to comply with those orders often seem to be incomplete.

There have been issues with the roof, the exterior covering of the building, electrical boxes, and fire protection measures.

In 2017, code enforcement officers determined the building had numerous deficiencies making the building "clearly unsafe,”  that it was "neglected,” that it presented a "threat to life and safety,” and it was unfit for habitation.

That was until at least June 2017, when an inspector from Pathstone informed Pontillo that an apartment did not meet HUD quality standards and would not be eligible for Section 8 assistance if the deficiencies were not cured within 24 hours.

On Aug. 10, 2017, the building was posted with a "not to be occupied" placard.

On at least three occasions, Pontillo was informed by the town that he needed to submit renovation plans completed by a licensed engineer in order to receive a building permit.

At a town board meeting on Sept. 12, 2016, town officials complained that Pontillo was doing work in the building without obtaining the proper permits. 

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Odd Fellows Hall in July, the day a group of volunteers joined James Pontillo and his wife in clearning up the property.
Photo by Howard Owens.

After obtaining the building, Pontillo seemed to have lofty plans for it. In 2016, he told The Batavian he was planning to completely restore the building and open a quality pizza restaurant. To that end, he had already installed large pizza ovens along with other kitchen equipment. He also had ambitious plans to remodel the upstairs apartments.

Those plans have seemed to go nowhere and the building has fallen further into disrepair. 

In July, the town filed a lawsuit against Pontillo.  The proposed order submitted by attorney David Roach, representing Stafford, was for Pontillo to provide proof he can afford to complete work in the building and provide documents on the scope of the project.

Devlin's order, filed on Sept. 5, is more specific.

By Oct. 3, Pontillo was ordered to "provide to Plaintiff the scope of the project (project objectives; project schedule; and project budget for construction work on the building located at 6177 E. Main Road, Stafford, New York) as prepared by Matthew Hume or another licensed architect or professional engineer." 

By Oct. 17, Pontillo was ordered to "provide to Plaintiff documented proof that defendant has the financial resources (e.g line of credit statement; loan approval statement; financial account statement) to complete the scope of the project."

All parties are scheduled for their next court appearance on Oct. 17.

It's unclear what will happen if Pontillo doesn't comply with the court order. 

In a memo to the Stafford town board on Aug. 17, then-town attorney Mark Boylan intimated that the town could be on the hook for a significant expense to either bring the building up to code or demolish it.  Those costs might not be recovered at auction. Such an auction could only take place if Pontillo fell sufficiently behind in taxes for the county to foreclose on the property or if he deeded the property -- for free -- to the town.  The cost of demolition could be significant if any environmental hazards were discovered on the property.

Photo taken this week of the former Odd Fellows Hall, 6177 Main Road, in Stafford. Photo by Howard Owens.
Photo taken this week of the former Odd Fellows Hall, 6177 Main Road, in Stafford.
Photo by Howard Owens.

Timeline, based on public documents, of issues with Stafford Odd Fellows Hall since acquired by James Pontillo

By Howard B. Owens
Odd Fellows Hall Stafford 6177 Main Road
County property tax record photo of 6177 Main Road, Stafford, the former Odd Fellows Hall from 2009, which James Pontillo acquired at auction in 2010.

The following is a timeline of actions and events related to the former Odd Fellows Building, 6177 Main Road, Stafford. The information comes from documents obtained by The Batavian with a Freedom of Information Law request to the town of Stafford for documents related to the building. We also include links to our prior coverage.

June 25, 2009, The Bataivan, Stafford Trading Post may move to new building

Aug. 30, 2010, The Batavian, A bit of Stafford's history going up for auction, and that has some residents worried

Dec. 17, 2010, James Pontillo secures the deed to 6177 Main Road, Stafford, after winning the property at auction for $40,700

In the Dec. 10, 2010, Board minutes, Chairman William VanAlst informed the board that James Pontillo had not submitted a site plan review.

March 21, 2011, Board minutes, James Pontillo submitted an application for an area variance to erect an 8-foot high fence on the west and north borders of his property. 

Oct. 29, 2011, The Batavian, Fences, and more, divide business neighbors in Stafford

Aug. 8, 2016, Board minutes, “Mr. Pontillo addressed the Board Members regarding his frustration about obtaining a building permit for his property.” There was a long discussion. “The most important requirement is that he submits a complete engineering drawing plan to the town code officer.”

April 11, 2011, ZBA board minutes, the board votes to deny Pontillo an area variance for an 8-foot high fence.

May 16, 2011, ZBA board minutes, Lester Mullin, code  enforcement officer informs the board that Pontillo is planning to build a two-foot high flower box and put a six-foot fence on top of the flower box. The board tells Mullin that it is a code enforcement issue.

Sept. 30, 2012, The Batavian, Reward offered for illegal dumping of garbage bags in Stafford

Nov. 16, 2013, The Batavian, Owner of one of Stafford's historic buildings says neighbor preventing restoration work

Nov 26, 2013, The Batavian, Pontillo needs to show some respect, and insurance, if he wants permission to go on property, owner's son says

Jan. 12, 2015, James Pontillow issued an order to remedy notice. Items listed include, finish roof, repair/replace fire escape, complete permenant outside surface, attach electrical meters, clean up construction debris, ensure electrical is safe, provide town an electrical inspection.

Aug. 18, 2015, The Batavian, Stafford: The fence that divides a community

Sept. 15, 2015, The Batavian, Stafford ZBA to meet tonight on Pontillo fence isssue

Sept. 16, 2015, The Batavian, The Sunlight Dialogues: Stafford ZBA denies variance for too-high fence

Nov. 20, 2015, order signed by Judge Mark J. Grisanti, Genesee County Supreme Court, reversing the Zoning Board of Appeals denial of a zoning variance for Pontillo’s 8-foot tall fence.

Nov 20, 2015, The Batavian, Stafford ZBA's denial of fence variance reversed on appeal

Feb. 7, 2016, letter from Gene Sinclair, code enforcement officer, to James Pontillo.  Sinclair expresses concern that the apartments in the building are occupied: “If in fact this is true and the building is in the same condition that this office was allowed entry to previously, this would be in violation of fire and life safety codes.”  Sinclair

March 22, 2016, notice and order to remedy to James Pontillo, asserting that there has been construction and alterations without permits.

April 21, 2016, Stafford Town Judge Robert A . Penepent signed a search warrant authorizing Gene Sinclair and Lester Mullen to inspect the property, including the interior.

May 17, 2016, The Batavian, Town of Stafford brings in engineer to inspect restoration of Odd Fellows Building

June 24, 2016, letter from Richard B. Henry, with Clark Patterson Lee, a consulting firm, to Lester Mullen, code enforcement officer.  The letter advises the town to pursue evacuation of the building due to the threat to the safety of the occupants. CPL had previously inspected the building, which “revealed new electric, plumbing, gas-fired furnaces, and questionable fire separations.” Pontillo’s failure to provide an engineering report and obtain a building permit “puts the tenants at risk since it is unknown whether the new systems are installed property.” The letter notes Pontilllo appeared to be continuing work on the building despite a “stop work” order. “Due to the seriousness of this exposure, we strongly recommend that this matter be turned over to your attorney for immediate action. Mr. Pontillo should provide a set of plans and specifications which address fire separation, egress, accessibility, interior finishes of the B and A2 occupancies, and the exterior finishes. He will also need to supply an electrical inspection certificate.”

Sept. 12, 2016, board minutes, Mr. Pontillo is accused of doing building/renovation work on his building without obtaining building permits.  He has not, as requested at the Aug. 8 meeting, submitted engineering drawings. The board voted to refer the matter to the Genesee County Supreme Court to seek eviction of the tenants in the building and bar occupancy until a certificate of occupancy is obtained.

Nov. 7, 2016, letter from James Pontillo to James Clement, town supervisor. Pontillo claims that a court ruling a fine against him was to be terminated. The Sheriff’s Office withdrew $3,000 from his bank account.  He states he’s made six Freedom of Information Law requests for documents and all have been denied.  He states he continues to work on the building. “I continue to keep the property safe for my tenants,” Pontillo wrote. “Remember, no one on any of the inspections found any unsafe concerns that warrant evacuation of the property.”

Nov. 11, 2016, email from Kevin Earl, town attorney, to Robert Clement, town supervisor. Earl provides a timeline of events related to the fine against James Pontillo. He states a criminal action was initiated against Pontillo and Pontillo was found guilty and ordered to pay a fine of $2,500. Pontillo never appealed that conviction. In a separate action, Judge Mark J. Grisanti, Genesee County Supreme Court, overturned the ZBA determination about the fence. Earl said that Pontillo’s statement that Grisanti never ruled that the fine in the criminal case was terminated.

Jan. 4, 2017, Mark Boylan, recently appointed town attorney, taking over the case against James Pontillo, notes in an email to the town supervisor that Pontillo’s attorney, Peter Sorgi, raised an issue that there was no summons and complaint was filed on the new case against Pontillo. Boylan agreed and said that if there were a court appearance on the case, Sorgi would make a motion for dismissal and likely be successful. He suggests a meeting to resolve the issues pending with code compliance.

Feb. 6, 2017, an email from Town Attorney Mark Boylan to Peter Sorgi, attorney for James Pontillo, providing a summary of a Feb. 2 meeting. The goal of the meeting was to bring the building into compliance with building codes. “It was agreed that within the next 30 days, the attorneys will confer and agree on an independent structural engineer to inspect the building and create a ‘punch list’ of repairs/renovations/modifications that will be required to bring the building into compliance.”  Pontillo agreed to retain a licensed engineer to draw up and stamp engineering plans to complete the punch list items. Once approved, he would receive the necessary building permits.  He will have 12 months to bring the building up to compliance.

Feb. 28, 2017, an email from Mark Boylan, town attorney, and Peter Sorgi, Pontillo’s attorney, reminded Sorgi of the prior agreement and noted that there has been no progress on the agreement. “Despite their reluctance, my clients remain receptive to resolving this outside the courtroom, though I am constantly reminded by them they have been down this same road many times before and that judicial intervention may be the only way complete your client to comply with state law.”

March 30, 2017, email from Peter Sorgi to James Pontillo informing Pontillo that the town has dropped its lawsuit but the town will re-file if he doesn’t schedule an inspection soon.

May 17, 2017, email from Mark Boylan, town attorney, was sent to the code enforcement office, town supervisor, and town clerk. “Predictably, Mr Pontillo has failed to apply for building permits. He has also failed to submit any type of engineered drawing for the building.”

June 12, 2017, letter from Diane Matla, housing quality standards inspector for PathStone, to James Pontillo, providing Pontillo with a deficiency notice and that repairs must be made within 24 hours for a named tenant. “Section 8 apartments must meet HUD’s Housing Quality standards at all times. If the repairs are not made within 60 days, housing assistance payments will be stopped, and the tenant will be asked to move. There is only a 24-hour notice for landlords to correct deficiencies related to safety and heat.

June 16, 2017, order and notice of violation to James Pontillo to correct code deficiencies, including “building is clearly unsafe,” “building is neglected,” “building presents a threat to life and safety,” the building is unfit for habitation, and the building lacks sufficient fire resistance.

On July 17, 2017, James Pontillo applied for a building permit to replace the building's roof with a metal roof.

Aug. 10, 2017, the first "not to be occupied notice" was posted on the building.

Aug. 14, 2017, Board minutes, there are ongoing violations at 6177 Main Road. An unsafe building notice was posted. A letter from the town attorney to James Pontillo outlining the building’s alleged deficiencies has been drafted. The email discusses the cost of demolition.  The county will “temporarily” reimburse the town for expenses. If the property is sold at a tax lien auction, the town won't need to pay back those costs if the amount covers the cost of taxes in arrears plus expenses. But if the auction price is less than the taxes owed, the town would need to repay the cost of demolition.  During a legal proceeding with the county, Pontillo was required to submit tax returns, which indicated he had “only $18,000 in income.” Boylan states, “It appears Mr. Pontillo may not have the money to defend himself in a lawsuit nor will he have any money to bring his building into compliance.”  Boylan tells the town not to expect to recover costs if it does anything to remediate the code issues.  The longshot solution is to convince Pontillo to deed the property to the town, then the town could demolish or make improvements in the hopes of selling the property at a price sufficient to cover the costs. He said he had no idea what the costs would be and if environmental remediation might be required if the town were to remove the building.

Aug. 28, 2017, letter from James Pontillo to Gene Sinclair, responding to a violation notice received Aug. 17. The letter references a prior violation notice and a meeting between the two. He thanked Sinclair for informing him of the garbage dumping complaints.  He lists seven tasks he is undertaking, from removing back steps, detaching the back deck, removing doors to the back entrance of the basement and replacing them with block, replacing the story staircase landing, blocking front steps with railing, completing the back of building wrap as well as the east side. He also mentioned getting help with resolving an access issue with the neighboring property owner. Further, he said on July 14, he stopped in to see Sinclair, and Sinclair said he would stop by the following week for an inspection, but Pontillo said he never got any followup information.  He said he was surprised that the building was placarded “not to be occupied” on Aug. 10. He says Sinclair did not make the proper notifications.

Oct. 10, 2017, letter from James Pontillo to Gene Sinclair. Pontillo questions whether Sinclair has made a real inspection and what are his real concerns. He states hell ocntinue to work on the building “despite your barrage of complaints.”

June 7, 2018, an order was issued to James Pontillo to correct code violations, including a non-weather-proof roof, a removed fire escape, a non-weather-proof coating on the building, unsecured building coverings, and no ice/snow breakers on the roof.

July 11, 2018, letter from Gene Sinclair, code enforcement officer, to James Pontillo, noting that various projects to remediate code issues at the building “have been going on for at least five years,” adding that “the building has become an eyesore in the middle of the hamlet.”  He asks Pontillo to respond soon in writing with his intentions and time frame for completing the projects.

July 16, 2018, letter from Gene Sinclair, code enforcement, to James Pontillo. The permit for the roof replacement has expired, the roof hasn’t been completed and Pontillo must apply for a new permit.

Jan. 4, 2019, letter from code enforcement officers Gene Sinclair and Gerry Wood proposing a meeting to review areas of concern with code compliance.

April 29, 2019, an order to remedy was issued to James Pontillo, giving him 30 days, citing the condition of the roof, no demonstration of a working fire alarm system, no fire separation, and open lath on walls, concluding the building is unsafe, neglected, and presents a threat to life and safety.

May 9, 2018, an “Order and Notice of Violation” was sent to James Pontillo for the non-weather-proof roof, non-weather-proof coating on the building, removed fire escape, unsecured building coverings, no ice/snow breakers on the roof, and no security meters attached to the building.

Aug. 15, 2019, Gene Sinclair, code enforcement, filed a complaint against James Pontillo, stating that Pontillo has refused to comply with a 30-day demand to remediate violations on the property.

Aug 15, 2019: James Pontillo was issued an appearance ticket for alleged failure to remediate code violations. He was ordered to appear in Stafford Town Court on October 1.

Jan. 8, 2020, Email from Town Attorney Mark Boylan confirming a conversation with Peter Sorgi, the attorney for James Pontillo, that Pontillo will provide a plan to remedy violations on the property before the February court appearance, that he will then provide architectural/engineered drawings, a formal plan for the Landmark Society or other historic preservation entity to finance the project within 60 days, and that the plans will be submitted to the Stafford Planning Board for approval.

Jan. 9, 2020, email from Mark Boylan to Stafford Code Enforcement about his conversation with Peter Sorgi. He said Sorgi “recognizes he has almost no defenses to the complaints.”

Nov. 9, 2020, notice of unpaid taxes and the potential for foreclosure.

Aug. 10, 2021, letter from James Pontillo to Gerry Wood, code enforcement officer, asking that the town provide a reason as to why the building is “considered to be dangerous and unsafe.”  He promised to address “overgrowth” and that the building inside and out will be cleared of debris.

June 12, 2023, Board minutes. James Pontillo complains that he has wrapped the building three or four times and he claims that the wrapping has been torn down and that sections of the fence has been removed or damaged. He had other complaints but stated he wants to cooperate and get things done and resolved amiably.

July 19, 2023, a Stafford business owner filed a complaint about bird feces. He complained that the condition of the building allowed “1000s” of birds to live inside. “The amount of feces is unbelievable. It is a health hazard … the building has been in disrepair for ten years. Please have the building repaired or demolished.”

July 1, 2024, The Batavian, Stafford condemns former Odd Fellows building, volunteers pitch in with clean up effort

Law and Order: Pembroke sisters accused of conspiring to shoplift from Walmart

By Howard B. Owens

Marlarie Joanne Smart, 37, of Pembroke, and Melani Lynn Maloney, 43, of Pembroke, are both charged with petit larceny and conspiracy 6th. Smart and Maloney, sisters, are accused of working together to steal $112.90 in merchandise from Walmart by "skip scanning" while checking out.  Both were issued appearance tickets.

Joni Marie Johnson, 49, of Millicent Avenue, Buffalo, is charged with resisting arrest and petit larceny. Johnson is accused of stealing merchandise from Dick's Sporting Goods at 6:20 p.m. on Oct. 4. She was held pending arraignment.

Timothy Dennis Clark, 54, of Charwood Circle, Rochester, is charged with petit larceny and conspiracy 6th. Clark is accused of working with another person to steal merchandise from Dollar General on Townline Road, Byron at 9:26 p.m. on Sept. 30. Also charged, Ryan Michael Bobzin, 35, of West Bergen Road, Bergen.

Oliver Thomas, 33, of Elba, is charged with DWI, driving on a restricted license, following too close, and consumption of alcohol in motor vehicle. Thomas was stopped at 12:01 a.m. on Oct. 2 on Route 63 in Batavia by Deputy Jeremiah Gechell. 

Edward Micahel Gorski, 42, of Genesee Street, Pembroke, is charged with criminal contempt 2nd. Gorski is accused of violating a stay-away order by going to the protected party's residence in Pembroke at 6:21 p.m. on Oct. 3.

John Robert Kormos, 55, of Parma, Ohio, is charged with DWI, drinking alcohol in a motor vehicle, and moving from lane unsafely.  Kormos was stopped at 9:24 p.m. on Oct. 5 on Oak Orchard Road, Elba, by Deputy Zachary Hoy.

Morris Marquis Taylor, 34, West Barre Road, Albion, is charged with felony DWI, speeding, and drinking alcohol or using cannabis in a motor vehicle. Taylor was topped at 2:34 a.m. on Oct. 6 on West Main Street, Batavia, by Deputy Jacob Kipler. He was held pending arraignment.

Photos: Downtown Wine Walk

By Howard B. Owens
bid wine walk 2024

On Saturday, the Business Improvement District hosted its annual Fall Wine Walk in Downtown Batavia.

Photos by Howard Owens.

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Video: Veterans organization in Le Roy produced video to promote umpire training program

By Howard B. Owens
Remote video URL

Le Roy-based American Warrior, a non-profit that serves veterans and helps guide high school students into military careers, produced a video to promote the veteran's umpire training program run by Wounded Warriors in Carlisle, Pa.

Dan Clor, president of American Warrior, said the program prepares veterans to to become umbires in youth baseball programs as well as in high school and college baseball games.  A board member of Wounded Warrior is part of the American Warrior team, Clor said.

The program, Clor said, provides veterans with a renewed sense of purpose.

"All Wounded Veterans who could use something to believe in can apply (to the program)," Clor said. " It's all expenses paid, including travel and equipment. We're also seeking individuals who would like to donate to the cause.

"Wounded Warrior Umpire Academy is much more than an Umpiring Camp. It's a way for Veterans to heal, grow and inspire. With a renewed sense of purpose, WWUA Veterans thrive in their communities through the love of baseball and an overall sense of belonging."

Sheriff's Office investigating pickup and semi-truck accident in Le Roy on Friday

By Howard B. Owens

A 44-year-old man from Batavia was ejected from his pickup truck while still belted in his seat as the result of a collision on Friday in the Town of Le Roy.

Gregory Baker was transported by Mercy Flight to Strong Memorial Hospital with non-life-threatening injuries.

The accident was reported at 7:32 a.m. on Friday at Griswold Road and West Bergen Road.

According to a preliminary investigation by the Sheriff's Office, Baker was driving a 2004 Chevrolet Silverado 2500 eastbound on Griswold when he apparently failed to stop for a stop sight. The truck collided with a 2005 Kenworth tractor-trailer driven by Richard McCullough, 29, of Le Roy.

Neither McCullough nor the child in the semi-trailer was injured in the accident.

The accident is still under investigation.

Assisting the Sheriff's Office at the scene were State Police, Le Roy PD, Le Roy Fire, Mercy EMS, and Le Roy Ambulance Service.

Parole Board determined Scott Doll lacked remorse for 2009 murder in Pembroke

By Howard B. Owens

Scott F. Doll, convicted in 2010 of murdering his friend Joseph Benaquist on Feb. 16, 2009, in the driveway of Benaquist's home, is insufficiently rehabilitated to be released from prison, the state's Parole Board determined over the summer.

The parole hearing was in June. The Batavian received a transcript this week in response to a Freedom of Information Law request.

"This panel was disturbed when you stated that you knew Joseph Benaquist for many years and did not express any remorse for the loss of his life or the pain and suffering his family has sustained," the determination statement reads.

The panel encourages Doll to continue his rehabilitation efforts so that "you can understand the harm you caused and develop empathy for your victim's family."

After conviction in a jury trial in 2010, Doll was sentenced by Judge Robert C. Noonan to 15 years to life in prison.

Doll has consistently maintained that he did not kill Benquist and maintained his posture of innocence during the hearing.

According to Doll's version of events, he was supposed to meet Benquist at a car auction earlier in the evening of Feb. 16, 2009, and when his friend didn't show, he later went to his house.

"He was laying in a pool of blood," Doll told the panel. "I knelt by him, and I was with him when he took his last breath. I didn't know what to do, and I know I didn't act right because I thought maybe somebody that was close to me was involved in it I lawyered up, and they basically took it from there and convicted me by manipulating the system basically."

Later in the hearing, he said he suspected at the time that his son could have killed Benquist because the two men never got along.  He said his son was cleared because he had gone to The Home Depot that evening, and security camera footage from the store confirmed his alibis. 

"I just couldn't think of anybody else who would have done it," Doll said in explaining why he suspected his son. 

Doll said he didn't render aid to his friend. He didn't attempt CPR and he didn't call authorities for assistance. 

Instead of rendering assistance, Doll walked away from the scene.

"I didn't have a destination in mind that I could thin of at the time," Doll told the board. "I was just walking, just trying to get my head around everything that just transpired."

Shortly before 9 p.m. on Feb. 16, 2009, Doll was found by Deputy James Diehl walking on North Lake Road, Pembroke. Doll had what appeared to be blood on his clothing. Later, blood was also found on a vehicle he had been driving. At trial, a blood spatter expert testified the pattern of blood on Doll's clothing and face was consistent with a physical altercation.

The parol board said that Doll's actions that night were an "aggravting factor" in their findings. 

Doll was a corrections officer at the time, trained in CPR and how to respond in crisis situations.

"You watched your victim die without attempting to render him any medical assistance," the board states in its ruling. "You stated that you left and just started walking and, in doing so, you thought of yourself and acted in our own self-interest at the expense of your victim's humanity."

The board did commend Doll on his behavior in prison.  He has assisted other inmates in earning General Equivalent Deplomas and completed a horticulture training program, which included growing produce for a food pantry program near the Hudson Correctional Facility. He is also a facilitator in the prison's protestant community. 

Doll said he's been a member of his church in Corfu for 50 years. He said he hoped the board would see him as a good person.

"My whole life, I've tried to be a good man, and for me to be accused of this, it still -- it's a deep scar with me, deep scar," Doll said. "Every day I walk around, I have officers who look at me like, you know, look at him, and just treat me like dirt sometimes. I always tried to be fair to everybody. I've always lent a helping hand, even in here. I've helped people. I've paid mortgages for people that I've never even met. I just want to help people, and that's just my nature,  and that's the way I've lived my life. Whether it was in the fire department, whether it was through the church or the community, I've always stepped up and volunteered for everything."

When asked how he felt about losing a friend, Doll responded, "I've been through a lot of emotions. I feel crushed because of the fact that I am sitting here and that I have not been cleared of this, and that I been accused of killing my friend. I'm devastated. Again,  I find it hard to believe in a system that can let somebody manipulate it, you know, like it was done, and that's -- you know, the changing reports was only part of it."

Regarding "changing reports," earlier in the interview, Doll accused former District Attorney Lawrence Friedman of telling deputies to remove statements Doll made from their reports.

Pressed by a member of the board to express remorse, Doll said, "I do, I do feel remorse, and I do feel sorry because, again, there is things that I should have done, and I'm not blameless, and this is as far as I should have done -- I should have come forward and said this is what I think happened, but I didn't. I let them run with the investigation, and, you know, I guess I don't feel 100 percent blameless in this."

In conclusion, the board stated, "Your release at this time would trivialize the tragic loss of life you caused and would, therefore, deprecate the serious nature of this crime as to undermine respect for the law."

For prior coverage of Scott Doll, click here.

Girls Soccer: OAE loses to Kendall 3-2

By Howard B. Owens

Oakfield-Alabama/Elba lost Kendall in Girls Soccer on Tuesday, 3-2.

Scoring for O-A:

  • Piper Hyde unassisted the first half.
  • Piper Hyde from Gianna Altamirano 10 min left in 2nd half

Law and Order: Batavia man accused of demanding money, causing serious physical injury

By Howard B. Owens
matthew Taylor
Matthew Taylor

Matthew R. Taylor, 41, of Batavia, is charged with assault 1st, robbery 1st, and menacing 3rd. Taylor is accused of engaging in violence with another person on East Main Street on Sept. 22. He is accused of demanding money and causing serious injury to the other person. He was arraigned in City Court and jailed.

Jeffrey A. Tyler, no age provided, of Rochester, is charged with criminal possession of a firearm, criminal possession of a weapon 3rd, criminal possession of stolen property, and multiple traffic offenses. Tyler was stopped at 12:17 p.m. on Sept. 6 by Officer T.J. Mummery of Le Roy PD. During an investigation, Mummery determined Tyler was a convicted felon and was allegedly in possession of an unregistered handgun, which was also loaded. Tyler was reportedly towing a trailer that contained a stolen ATV. Tyler was held pending arraignment.

Sugeiry Vazquez, 35, of Otis Street, Rochester, is charged with unlawful fleeing from a police officer in a motor vehicle 3rd, reckless endangerment 1st, aggravated unlicensed operation 3rd, unlicensed drive, and speeding. Deputy Alexander Hadsall initiated a pursuit of a vehicle on Route 20 in Darien at 10:40 a.m. on Sept. 24 after learning that a vehicle had fled a T.J. Maxx in Erie County after the theft of clothing items. Hadsall attempted to stop the vehicle but the vehicle did not yield to emergency lights. The pursuit continued into the town of Byron, where it crashed into the front lawn of a residence. The occupants fled on foot and were later located in a cornfield by the Sheriff's Office K-9. The driver of the vehicle was arrested. Vazquez was arraigned and released under supervision.

Christina L. Riley, 36, of Batavia, is charged with attempted robbery 3rd, grand larceny 4th, endangering the welfare of a child, and harassment 2nd. Riley is accused of fighting with another person on Sept. 21 at an unreleased location and of attempting to steal that person's child while several children were present. Raily was arraigned and released.

Jennifer A. Schellerer, 38, of Batavia, and Dennis J. Williamson, 42, of Rome, are charged with criminal possession of a controlled substance. Schellerer and Williamson were arrested on Sept. 20 after police received a report of two people passed out in a car at the Mobile gas station on East Main Street, Batavia. They were allegedly found in possession of crack cocaine. Williamson was also charged with criminal possession of stolen property 5th for allegedly possessing a stolen license plate. They were issued appearance tickets.

Michael J. Holler, 38, of Rochester, was arrested on a warrant on Sept. 22. Holler was initially arrested on a charge of petit larceny on Sept. 18. He allegedly failed to appear in court as ordered. He was arraigned and released. 

Gracien R. Ibambasi, 30, of Batavia, is charged with menacing 3rd and endangering the welfare of a child. Ibambasi is accused of threatening another person in the presence of two children. He was arrested on Sept. 22, arraigned in City Court and released.

Phillip P. Heale, 41, of Batavia, and Jessica D. Delcour, 41, of Batavia, are charged with petit larceny. Heale and Delcour are accused of shoplifting at Aldi in Batavia on Sept. 14. Based on an investigation, they were charged with a second count of petit larceny. They are accused of shoplifting on Aug. 8 at the same store. They were issued an appearance ticket.

Patrick O. Spikes, 43, of Batavia, is charged with harassment 2nd. Spikes is accused of hitting another person during an argument on Central Avenue on Sept. 17. He was issued an appearance ticket.

Jennifer L. Stack, 38, of Batavia, is charged with criminal possession of a controlled substance 7th. She was arrested on an arrest warrant on Sept. 13. She was allegedly found in possession of crack cocaine during a traffic stop on Jan. 18. She was arraigned and released.

Cylie Rose Gebo, 27, of Macedon Center Road, Palmyra, is charged with criminal possession of a controlled substance 7th.  Gebo was allegedly found in possession of crack cocaine and a pipe by Deputy Robert Henning at 8:25 a.m. on Sept. 26 on West Bergen Road, Bergen. She was issued an appearance ticket.

David Allen Leach, 30, of Main Road, Pembroke, is charged with assault 3rd. Leach is accused of attacking two people during an argument at 10:19 p.m. on Sept. 25, at a location on Main Road, Pembroke. He was processed at the Genesee County Jail and held pending arraignment.

Joseph Allen Hogan, 56, of Prairie Trail, West Henrietta, is charged with petit larceny. Hogan was arrested on Sept. 25, accused of stealing $494 from another person at Batavia Downs at 1:04 a.m. on Sept. 17. He was issued an appearance ticket.

Zachary James Pernick, 26, of Paradise Lane, Tonawanda, is charged with criminal mischief 4th. Pernick is accused of damaging a wall inside Batavia Downs at 2:31 a.m. on Sept. 28. He was released on an appearance ticket.

Shaunda Lee Hill, 35, of South Street Road, Le Roy, is charged with petit larceny. Hill is accused of shoplifting at Walmart at 4:41 on Sept. 27. She was issued an appearance ticket.

Devin Ralph Zortman, 25, of Highland Avenue, McKees Rocks, Pa., is charged with DWI, driving with a BAC of .08 or more, failure to signal, and drinking alcohol or consuming cannabis in a motor vehicle. Zortman was stopped at 12:29 on Sept. 29 on Veterans Memorial Drive, Batavia, by Deputy Mason Schultz. He was released on an appearance ticket.

Christopher James Johnston, 48, of West Main Street, Batavia, is charged with criminal mischief 4th.  The details of the alleged incident where not released other than it was reported 12:54 p.m. on Oct. 1. Johnston was held pending arraignment.

Byron Brown announces retirement as Buffalo's mayor, to accept CEO position at Batavia Downs

By Howard B. Owens
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Screenshot from Mayor Byron Brown's livestream.

In a press conference in Buffalo at 5 p.m., Mayor Byron Brown confirmed that he is stepping down as mayor in order to become the president and CEO of Western Regional Off-Track Betting.

The announcement comes less than a week after the OTB board unanimously approved a contract offer for Brown that will pay him an annual salary of $295,000.

Brown will replace Henry Wojtaszek, who has overseen record revenue growth and profits for the 17 municipalities that own the OTB in recent years. His final day with the OTB is Dec. 31. 

Brown said he will retire in the coming weeks without a specific date. His start date at Batavia Downs has not been announced.  Board President Dennis Bassett said on Thursday that he expects Brown to start before the end of the year so he can learn about his new role from Wojtaszek.

Bassett praised Brown as the most qualified candidate from a pool of applicants from throughout the United States and from overseas.

"We think that we have done a thorough job to get where we are today," Bassett said on Thursday. "The success we had and what we need for tomorrow to continue our success. And I cannot say it enough that we are extremely fortunate to get an individual like Mayor Byron Brown to lead this organization after the job Henry Wojtaszek has done. I think we've just been extremely fortunate. And we look to continue to grow. We look to continue to venture into things that we have not ventured into before."

The 65-year-old Brown became Buffalo's mayor in 2006. He served in the state Senate from 2001 to 2005. He was a member of the Buffalo Common Council from 1996 to 2001. He has a dual bachelor of arts degree in political science and journalism from Buffalo State College.  He worked in sales for a year at Bristol-Myers before starting a legislative staff career. 

Wojtaszek's most recent annual salary is $299,000.

One of the primary expectations for Brown as he steps into the new leadership role is to open doors in Albany so that Batavia Downs can grow its business. Bassett has expressed interest in sports betting, online betting, and table games, all potential revenue sources that the state has denied Batavia Downs so far.

"Brown expressed to us that he's taken over a position now that he's managing a corporate entity, and he's looking to make sure that we run this organization in a corporate way and not in a political way," Bassett said.

At Monday's press conference, Brown did not discuss any aspects of his new job or what he hopes to accomplish.  He expressed his pride in Buffalo, the job that leadership has done together, especially during recent tough events, and expressed optimism about the city's future.

Friday Night Football: Aggies defeat Notre Dame/BB 33-7

By Howard B. Owens
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Oakfield-Alabama/Elba bounced back from last week's tough loss to defeat Notre Dame/Byron Bergen on Friday, 33-7.

The Aggies amassed 589 yards in total offense.

For OAE:

  • RB/LB Avery Watterson - 22 Carries, 181 Yards, 3 TDs, 10 Total Tackles,  2 TFLs
  • RB Jack Cianfrini -  318 All-Purpose Yards - 15 Carries, 236 Rushing Yards, 2 TDs, 3 Receptions 82 Yards, 1 2-pt Conversion Reception
  • TE/DE Aedyn Groth - 36-yard reception, 3 Tackles, 2 TFLs
  • QB Brayden Jachimowicz - 9/13 Passing, 110 Passing Yards

Notre Dame/BB:

  • WR Tristan Cephus - 36-Yard TD Reception from Senior QB Jeremiah Romero

"After last Friday's game, the message to our team this week has been about getting back to basics and re-setting our program standard," Coach Tyler Winters said. "We felt the boys had a phenomenal week of practice answering that challenge, so it was nice to see them come out tonight and finish a week of execution like we know they are capable of.  We will enjoy the win and look to grow from it as we prepare for the next challenge that our Class D schedule presents us with."

Also on Friday:

Batavia beat Arcadia 34-0. Bronx Bucholz was 11-14 passing for 159 yards and one TD. He rushed for 119 yards on 14 attempts and scored twice on the ground. Zailen Griffen gained 88 yards rushing on 10 carries. He scored two TDs. Nolan Ball scored at TD, gaining 20 yards on three attempts. Lakoda Mruczek had five tackles and two interceptions. Brock Bigsby had 7.5 tackles. 

Letchworth/Warsaw/Perry beat Le Roy/Cal-Mum 25-21. Jack Egeling gained 65 yards on 14 carries and had a kickoff return of 80 yards for a TD. Brady McClurg was 5-11 passing for 56 yards. Xavier Bown had seven tackles and an interception.

Story: Alexander sustains first loss of season to high-scoring Avon

Photos by Debra Reilly.

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oae vs notre dame
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oae vs notre dame
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Alexander sustains first loss of season to high-scoring Avon

By Howard B. Owens
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The Alexander Trojans faced a team that has proven a juggernaut so far in 2024 and Friday night's game at GCC proved to be another large-margin win for the Avon Braves.

The Braves beat the Trojans 41-14.

Alexander scored in the second quarter when Brody Hackman carried the ball in from one yard out. The PAT kick was blocked.

In the fourth quarter, Kingston Woods scored on a 14-yard run. The Trojans converted on a two-point run.

Ryder Reichert carried the ball 10 times for 82 yards. Woods finished with 54 yards rushing.

On defense, Dylan Pohl led the Trojans with 2.5 QB sacks, two tackles for loss and three tackles overall.  ree Safety Duke Snyder had eight tackles for the Trojans.  

The Trojans fall to 3-1, and Avon moves to 4-0 on the season

Photos by Philip Casper.

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alexander football

Photos: Live music at GO ART with Parris and Holly and Alex Feig

By Howard B. Owens
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Parris and Holly, a Batavia-based folk/pop duo, headlined the second of a four-night residency at GO ART! on Thursday, with featured artist Alex Feig opening.

The residency continues on Oct. 17 at 7 p.m. with Billy Lambert as the featured guest artist and on Oct. 24 with Chris Humel.

Photos by Howard Owens.

Parris and Holley GO ART
Parris and Holley GO ART
Parris and Holley GO ART
Parris and Holley GO ART

Office for the Aging Celebrates 50 years of service to older residents at Batavia Downs

By Howard B. Owens
office-for-aging-50th-party
Legislator John Deleo, Diana Fox (current director), Ruth Spink (former director), Jill Yasses, and Legislator Gregg Torrey.
Photo by Howard Owens.

Dining and dancing highlighted Thursday evening's celebration of the Genesee County Office for the Aging at Batavia Downs.

The agency was celebrating its 50th anniversary.

Founded on June 1, 1974, the agency's mission is to promote the independence of seniors and improve their quality of life by offering services and providing information, support, and advocacy for those 60 and older.

Currently, the office employs 33 people and receives support from numerous volunteers.

The primary funding for the agency is a federal program authorized by the Older Americans Act.

Photos by Howard Owens

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OTB board approves contract offer to Mayor Byron Brown to become agency's new CEO, acceptance pending

By Howard B. Owens
western regional otb board of directors
Photo by Howard Owens.

The Western Regional OTB Board of Directors on Thursday morning, by unanimous vote, approved a contract offer to Buffalo Mayor Byron Brown to become the next CEO and president of the OTB.

Brown will receive a salary of $295,000 in the first year, with the possibility of incentive bonuses. The contract will have an annual renewal clause, said Board President Dennis Bassett.

Bassett declined to release copies of the 18-page contract to the press until Brown signs it.

Brown is expected to announce his future plans next week, a spokesman for the mayor's office said.

"We have a unique situation here at Batavia Downs where we have harness racings, we have a casino, we have gaming, we have a number of different avenues in which we endeavor to make sure that we do well," Bassett said when asked to defend the size of the salary. "I'm not so sure that other areas that are in this business have as diverse and as complex an operation as we do here in Batavia Downs, so we think that for what we are asking our new president and CEO to do, that he is being paid comparable."

Henry Wojtaszek, the outgoing CEO and president, makes $264,898.

The 65-year-old Brown became Buffalo's mayor in 2006. He served in the state Senate from 2001 to 2005. He was a member of the Buffalo Common Council from 1996 to 2001. He has a dual bachelor of arts degree in political science and journalism from Buffalo State College.  He worked in sales for a year at Bristol-Myers before starting a legislative staff career. 

After Thursday's meeting, Bassett reiterated previous statements that Brown was hired primarily because of his extensive legislative background and productive relationship with key powerbrokers in Albany.

"We hope that Mayor Brown's influence and his knowledge of the individuals who work in that environment will help us open doors that we haven't been able to open before," Bassett said.

The OTB is interested into expanding operations into other ventures, such as sports betting and online betting.  Bassett has expressed concern that Wojtaszek, a Republican disliked, it seems, by at least some key Democrats, wouldn't be effective in lobbying on behalf of the OTB on those issues.

"The thing that is important for all thriving institutions is change," Bassett said. "Change is good, and change is inevitable, and the most important thing around change is how you manage to change, how you deal with the change. We think that we have done a thorough job to get where we are today, the success we had and what we need for tomorrow to continue our success. And I cannot say it enough that we are extremely fortunate to get an individual like Mayor Byron Brown to lead this organization after the job Henry Wojtaszek has done. I think we've just been extremely fortunate. And we look to continue to grow. We look to continue to venture into things that we have not ventured into before."

Batavia Downs is on pace for its third consecutive year of record revenue and record payouts to the 17 municipalities that are OTB's owners.

As for potential bonuses for Brown, Bassett indicated that the pending contract does not include specific language. The board will develop incentive criteria and the nature of the incentives.

Before Brown can sign the contract, the state's gaming commission must issue him a license to run a gaming operation. Wojtaszek's last day with the organization will be Dec. 31.  Bassett said he expects Brown to be able to start his new job before then and enter into a period of training by Wojtaszek.

When the board agreed over the summer to buy out Wojtaszek's contract, they also voted to buy out the contracts of CFO Jackie Leach and VP of Operations William White.

Bassett said Brown, who has spent nearly all of his professional career as a public servant, is ready to step in and run Batavia Downs like a business.  To that end, he expects whoever Brown hires to fill those vacancies to be based on business qualifications and not political affiliation.

"Brown expressed to us that he's taken over a position now that he's managing a corporate entity, and he's looking to make sure that we run this organization in a corporate way and not in a political way," Bassett said. "And that's a big 'a-ha,' because I've been on this board 14 years, and I can honestly say, as much as you (the press) may not believe me, the decisions that we've made in this room have never been political," Bassett said.

Bassett noted that for the majority of his tenure on the board, he's been a member of the minority party and only after voting rules were changed did he join the majority (weighted vote based on population). Bassett is a Democrat. Until the change in weighted voting, the large majority of the board were the Republican-run municipalities.

"I have never felt slighted. I have never felt disadvantaged. You know why? Because on this board, we make business decisions," Bassett said. "We make business decisions for 17 municipalities because they're interested in whether we are going to write them checks at the end of each month, and we continue to write them record-breaking checks each and every month, and that's what I'm most proud of."

dennis bassett
Dennis Bassett
Photo by Howard Owens.

Batavia Players sing and dance this weekend through 100 years of Broadway

By Howard B. Owens
batavia-players-one-more-time

Show tunes and more show tunes.

If you love Broadway, Batavia Players has just the show for you this weekend.

"Just One More Time & Something New" is a celebration of 100 years of the best musicals to grace the stages of 42nd Street in the heart of Manhattan, better known as Broadway.

The choral review covers the music of Tin Pan Alley to state-of-the-art contemporary Broadway.

You will certainly hear some familiar classics as well as a few tunes that might surprise you.

There are shows at Main Street 56 Theater on Friday and Saturday at 7:30 p.m. and on Sunday at 2 p.m.  Tickets are $24 at the door or $22 for seniors and students.  There is a discount to buy in advance online

Photos by Howard Owens.

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Law and Order: Batavia man accused of threatening person with box cutter, fighting with police

By Howard B. Owens
Michael Stack
Michael Stack

Michael J. Stack, 47, of Batavia, is charged with attempted robbery 3rd, attempted criminal possession of a weapon, 2nd, resisting arrest, obstruction of governmental administration, 2nd, menacing, 2nd, endangering the welfare of a child, and harassment 2nd. Stack is accused of striking another person and threatening that person with a box cutter. When police attempted to arrest him on Sept. 3, Stack allegedly fought with officers and attempted to take an officer's gun from the officer's holster. Stack was arraigned in City Court and held without bail.

Anthony Earl Parks, 19, of West 150th Street, New York City, is charged with criminal possession of a weapon 3rd and criminal possession of a weapon on school grounds. Parks, a Genesee Community College student, is accused of possessing an unregistered loaded pistol with a high-capacity magazine while at College Village at 11:50 p.m. on Sept. 22.  Campus security was made aware that Parks may possess a weapon through a social media post.  There is no information uncovered by investigators alleging any threats by Parks related to the handgun. Parks was arraigned and jailed on $25,000 bail or $5,000 bond. The incident was investigated by Deputy Rachael Diehl and Investigator Erik Andre. They were assisted by campus security.

Patrick O. Spikes, 43, of Batavia, is charged with criminal possession fo a weapon 3rd and menacing 2nd. Spikes is accused of threatening another person with a knife during a fight on Sept. 17 at an undisclosed location. Spikes was arraigned in City Court and held without bail.

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Nicholas Kingdollar

Nicholas C. Kingdollar, 28, of Batavia, is charged with burglary 2nd, criminal contempt 2nd, and aggravated family offense. Kingdollar was allegedly found on Sept. 6 inside a residence at an undisclosed location in violation of a stay-away order of protection. He was arraigned in City Court and was ordered held on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

Penny S. Hofert, 58, of Batavia, is charged with criminal of a controlled substance 3rdf and criminal possession of a controlled substance 3rd. Hofert was arrested on Aug. 22 following an investigation into an alleged drug sale on Aug. 5. Batavia PD reports that members of the Neighborhood Enforcement Team witnessed a suspect conduct a drug sale on Bank Street. Hofert was arraigned and released.

Adam J. Arsenault, 38 of Batavia, is charged with criminal possession of a weapon 4th. Arsenault is accused of possessing a muzzleloader. He was arrested on Aug. 27. Police state that Arsenault is a convicted felon and is not permitted to possess any guns. He was issued an appearance ticket.

Kyle J. Leenhouts, 36, of Rochester, is charged with DWI. On Aug. 24, Batavia patrol officers were dispatched to McDonald's on East Main Street where a person was reportedly causing a disturbance in the drive-thru. Leenhouts was arrested following an investigation. He was issued an appearance ticket.

Keith M. Lewandowski, 33, of Batavia, is charged with criminal possession of a controlled substance 7th. He was arrested on Aug. 26 on a warrant based on an incident on Dec. 3. Officers stopped Lewandowski on his bicycle for an alleged traffic violation. He was allegedly found in possession of narcotics. He was arraigned and released.

Mason D. Dumbleton, 33, of Alexander, is charged with DWI. Dumbleton was stopped on Aug. 23 on Ellicott Street, Batavia, by a Batavia patrol officer. He was issued an appearance ticket.

Lindsay Q. Brooks, 38, of Batavia, is charged with criminal mischief 4th. Brooks is accused of damaging the door of a residence on Ellicott Place, Batavia, during a fight. She was issued an appearance ticket.

Trevor N. Christman, 34, of Batavia, is charged with exposure of a person. Christman is accused of exposing himself and uritnating on a building on Ellicott Street, Batavia, on Aug. 15. He was issued an appearance ticket.

Dominic D. Czerniak, 25, of Batavia, is charged with harassment 2nd. Czerniak was arrested on Aug. 12. He allegedly kicked another person in a fight on West Main Street, Batavia. He was issued an appearance ticket.

Suzanne C. Stein, 62, of Byron, was arrested on Aug. 24 on a warrant. Stein was initially issued a traffic ticket for a misdemeanor traffic violation. The warrant was issued after she allegedly failed to appear in court. Stein was arraigned and released.

Michael C. Smith, 32, of Batavia, was arrested on four warrants on Aug. 19. The warrants are related to several different incidents where Smith was charged with petit larceny and trespass. He was arraigned in Batavia City Court and remanded to the Genesee County Jail. 

Alicia M. Lyons, 44, of Batavia, is charged with harassment 2nd. Lyons is accused of striking another person during a fight on Mill Street, Batavia, on Sept. 2. She was arrested again on Sept. 4 and charged with two counts of harassment 2nd. She is accused of striking another person at two separate times. She was arraigned in City Court and released.

Joseph M. Call, 24, of Batavia, turned himself in on a warrant on Aug. 28. Call was issued a misdemeanor traffic ticket, on June 10. A warrant was issued, after he allegedly failed to appear in court. Call was arraigned and released.

Brandon A. Honore, 39, of Batavia, was arrested on Aug. 29 on a warrant. Honore allegedly failed to appear in court on a misdemeanor traffic ticket. He was arraigned in City Court and released. 

Bill A. Thomas, 64, of Batavia, is charged with open alcohol container in public. Thomas was allegedly found in possession on Aug. 31 of an open container of alcohol in Austin Park. He was issued an appearance ticket.

Jeremy C. Goodell, 50, of Batavia, is charged with open alcohol container in public. Goodall is accused of possessing an open container in Austin Park on Aug. 31. He was issued an appearance ticket.

Jamie A. Dutton, 32, of Batavia, was arrested on Aug. 30 on a warrant and other charges. The warrant charges Dutton with petit larceny. He is accused of stealing merchandise from Aldi on June 20. He was additionally charged with criminal impersonation 2nd, for allegedly lying about his name in order to avoid arrest, as well as resisting arrest and obstruction of governmental Administration 2nd, for allegedly running from police who were attempting to arrest him. He was arraigned in  City Court and turned over to the Genesee County Jail, on a Parole warrant.

Francis A. Coombs, 57, of Batavia, is charged with criminal mischief 4th. Coombs is accused of kicking a hole in a wall at a residence on State Street on Aug. 25. He was issued an appearance ticket.

Deandre C. Lee, 30, of Rochester, and Myrin D. Lumpkin, 46, of Batavia, are both charged with disorderly conduct. Lee and Lumpkin are accused of fighting with each other on Aug. 25 in the street at the intersection of Main Street and Jefferson Avenue. Lee was also charged with criminal contempt 2nd. He is accused of violating an order of protection in relation to an occupant of a vehicle Lee and Lumpkin had been in. Lee was arraigned in City Court. Lumpkin was issued an appearance ticket.

Lyndsay T. Young, 41, of Batavia, is charged with trespass. Young is accused of living in the woods of private property on South Jackson Street, Batavia. She was arrested on Aug. 26. She was issued an appearance ticket.

Jennifer N. Wilson, 37, of Olean, was arrested on a warrant on Aug. 27. Wilson was initially arrested on Feb 26 on charges of criminal trespass 2nd, obstructing governmental administration 2nd and resisting arrest. Wilson allegedly failed to appear in court on the charges. Wilson was arraigned in City Court and released. 

Lamar I. Randall, 39, of Batavia, was arrested on Aug. 8 on a warrant. Randall allegedly failed to appear on a traffic ticket. He was arraigned and released.

Thomas J. Preedom, 36, of Clarence, is charged with failure to register. Preedom is reportedly a registered sex offender and allegedly failed to report a change of address within 10 days. He was arraigned in City Court and released under supervision.

Raymond L. Keffer, Jr., 47, of Brockport, is charged with failure to register. Keffer is reportedly a registered sex offender and allegedly failed to report a change of address within 10 days. He was issued an appearance ticket and released.

Mark W. McWethy, 56, of Batavia, was arrested on Sept. 11 on a warrant. McWethy was initially charged on Aug. 6 with criminal possession of a controlled substance 4th and criminal possession of a controlled substance 7th. He allegedly failed to appear in court to answer to the charges. He was arraigned and released.

Anthony R. Dunmore, 44, of Rochester, is charged with criminal obstruction of breathing. Dunmore is accused of placing his hands around another person's neck during a fight on State Street on Sept. 7., 2023. The suspect fled the scene. Dunmore was arrested on a warrant on Sept. 6. He was arraigned and released.

Michael A. Sweet, 38, of Batavia, is charged with harassment 2nd. Sweet is accused of grabbing another person and dragging that person during a fight on Raymond Avenue on Sept. 16. He was also arrested on a warrant charging harassment 2nd in connection with an incident involving the same victim. He was arraigned in City Court and ordered held in the Genesee County Jail.

Jerry Smith, Jr., 49, of Batavia, is charged with harassment 2nd. Smith is accused of shoving another person during a dispute on South Swan Street. He was issued an appearance ticket.

Kristen L. Kocent, 36, of Batavia, is charged with driving while ability impaired by drugs. Kocent was stopped by a Batavia patrol officer on Oct. 13. She was arrested on Sept. 16, accused of driving while under the influence of narcotics. She was arraigned in City Court and released on her own recognizance.

Rachel A. Baer, 37, of Le Roy, was arrested on Sept. 17 on a warrant. Baer was initially arrested in May on a charge of petit larceny. She allegedly failed to appear in court. She was arraigned and released. 

Timothy J. Niccloy, 39, of Batavia, was arrested on Sept. 15 on a warrant. Niccloy was issued a misdemeanor traffic ticket on June 4. He allegedly failed to appear in court. Niccloy was arraigned and released.

Daniel P. Frey, 42, of Batavia, is charged with theft of service. Fey is accused of not paying for his meal at Tully's. He was issued an appearance ticket.

Joseph Anthony Saccomanno, 67, Highland Drive, Williamsville, is charged with harassment 2nd. Saccomanno is accused of hitting another person inside of the concert venue at Darien Lake Performing Arts Center at 8:11 p.m. on Sept. 17. He was issued an appearance ticket. 

Tiaan Geldenhuys, 26, of Watson Road, Elba, is charged with assault 3rd. Geldenhuys is accused of attacking a co-worker at a location on Transit Road in Byron at 2:45 p.m. on Sept. 17, causing physical injury. 

Casey Thomas Vaughn, 35, of Prestige Xing, Batavia, is charged with criminal contempt 2nd. Vaughn is accused of violating an order of protection at 10:09 p.m. on Sept. 19. He was held pending arraignment.

Nathaniel Austin Moultrup, 24, of West Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement, moving from lane unsafely, drinking alcohol or using cannabis in a motor vehicle. Moultrup was stopped at 1:55 a.m. on Sept. 21 on West Main Street Road, Batavia, by Deputy Jacob Kipler.

Maura Carina Diaz-Garcia, 41, of Batavia Oakfield Townline Road, is charged with assault 2nd. Diaz-Garcia is accused of hitting another person multiple times and hit the person in the head with a coat hangar. The victim sustained multiple physical injuries, including bruising along the the left side of his or her body and a cut on the forehead. Diaz-Garcia was held pending arraignment.

Dean Michael Boldt, 57, of Wende Road. Alden, is charged with DWI, driving with a BAC of .08 of alcohol and motor vehicle lights not meeting standards. Boldt was stopped at 1:28 a.m. on Sept. 22 on West Main Street Road, Batavia, by Deputy Jacob Kipler.

'Armor Up' theme of conference at EverPresent Church meant to encourage believers in difficult times

By Howard B. Owens

Through all the strife and turmoil of his life, Joseph (Genesis, chapters 37-50) didn't lose faith.

He was hated by his brothers, sold into bondage in Egypt by his brothers, and wrongly imprisoned.

His faithfulness and ultimate role in saving countless lives, including those of his entire family and their descendants, which would have included Jesus Christ, is one of the themes of a conference on Oct. 12 at EverPresent Church in Batavia called "Armor Up, Hold the Line." 

The speakers are Pastor Matt Sassano of Fresh Start Church in Hornell and Phil Cappuccio, a former pastor and now an itinerate Christian teacher.

Pastor Jason Norton, EverPresent, said the conference is about Christians standing their ground and holding the line in difficult times.

"We want to encourage people to stay strong," Norton said. "There's just a lot of craziness going on in the world, and sometimes, in times like these, people with faith and conviction just need to show forth their faith by holding true to it rather than faltering and being weary or discouraged or fearful."

Pastor Matt Sassano
Pastor Matt Sassano

Sassano is taking his theme from the story of Joseph. 

Joseph was hated by his brothers first because he was favored by his father, but he also had a dream of his own future greatness, which he immodestly told his brothers, and his brothers hated him even more.

After his brothers sold him into slavery in Egypt, Joseph went through many trials, but his ability to interpret dreams eventually impressed the pharaoh. Because he correctly predicted a seven-year famine and provided the strategy for Egypt to survive it, the pharaoh gave Joseph a high office in charge of famine relief.

The long famine engulfed the entire Middle East. Without Joseph and his plan, much of the area's population would have been wiped out.

In his lofty and powerful role, Joseph eventually saved his entire family, including the brothers who had betrayed him.

The story of Joseph illustrates, Sassano told The Batavian, that God always has a plan.  It may not be apparent to you at the time. It may take years before the plan is revealed -- if it ever is -- but God is always in control. There are no coincidences.

"No matter how difficult things get, particularly as Christians -- this is how I operate, and in the realm I'm in --  no matter how difficult or bleak things look, there's always hope, there's always a future. There's always something that God has in store."

It's easy to get discouraged, Sassano suggested, because what God does, he doesn't necessarily do in our timeframe. 

"God doesn't see time like we do. We live by it, and he doesn't live in it, Sassano said. "There's a Bible verse that says 1,000 years is like a day, and a day is like 1,000 years to God (2 Peter 3:8). We understand it to mean God doesn't live in time. You're waiting five years or something, and it's a blip on the screen, you know? So, (my talk is) about not giving up on your dreams because Joseph did not give up; he eventually saw his dreams come to pass."

Phil Cappuccio
Phil Cappuccio

The theme of Cappuccio's talk is putting on the armor of Christ to deal with spiritual conflict. He's calling his talk, "Welcome to the War." 

The first key passage of scripture, he said, is  2 Timothy 2:3-4: "Join with me in suffering, like a good soldier of Christ Jesus. No one serving as a soldier gets entangled in civilian affairs but rather tries to please his commanding officer."

"I'm going to identify the reality of the Christian life in the New Testament, just identifying how there is a war," Cappuccio said. "I'm going to deal with three aspects of conflict. I will deal with the spiritual war, and that's identified in Ephesians 6:10-13.  I'm going to identify personal war that we can face as believers. 1 Peter 2:11 talks about the fleshy lusts that war against the soul. And I'm going to address the cultural war we presently find ourselves, which I call it, the war against truth. Just to give a scriptural reference, Isaiah 59:14-16.  It talks about judgment or judication being turned away, backward, meaning that it's reversed. Justice is far off because truth is falling in the street, and as a result, equity cannot enter in when there's not an absolute truth, the truth that God has set for all humanity."

Cappuccio said he wants those who attend the conference to better identify the times we're living in and to recognize that conflict is a normal part of Christian life. 

"I want them to be equipped," Cappuccio said, "to be equipped personally against spiritual warfare and to be victorious in the time we're living in."

Everpresent Church is located at 4 Batavia City Centre, Batavia. The Conference is on Oct. 12 from 10 a.m. to 2 p.m.  Pastor Jason Norton said the event is designed to feed adults. The cost is $21.50 or two people can attend together for $33.

GSO premieres local composer's Unsung Requiem at Sept. 28 concert

By Howard B. Owens
Laurence Tallman
Laurence Tallman
Photo by Howard Owens

Requiems are a centuries-old art form.

The most famous, perhaps, is Mozart’s, which was left unfinished (though finished by other composers) at the time of his own death.

Typically, composers write eight or nine movements corresponding to the Catholic Mass for the Dead. A vocalist or chorus sings the mass in Latin.

Typically.

Thirty-five years ago, Laurence Tallman, a Genesee County resident, had a different idea. He became intrigued with the idea of composing a requiem that was purely orchestral—no singing, just the music, with the lyrics implied by the melody.

On September 28, Tallman's “Unsung Requiem” will have its world premiere at Genesee Community College, where the Genesee Symphony Orchestra will perform it.

"The piece was inspired by an experiencing Maurice Durufle’s Requiem with the Crane Chorus and Orchestra in Potsdam way back in 1989," Tallman said to The Batavian. "Even then, as a composition student, I thought it would be amazing to write a requiem using the form that would be just instruments. It's been mulling around in my head forever. Then, 200-some compositions later, and finally, the time and the inspiration were there, and so I constructed this piece, so based on an actual Requiem form, the nine movements that are typical in it, but there's no singing."

This isn't the first time GSO has performed a piece by Tallman, but this is a piece that Musical Director Shade Zajac encouraged Tallman to complete so the orchestra could perform it.

"The things he's done of mine have been very playful, very funny," Tallman said. "I get hired a lot for humor pieces and pieces that have a lot of moving parts to it. I told him about this, and I said, 'This has always been on the back burner, and I've got bits and pieces of it done.' I started showing him some sketches, and he's like, 'I love this. I love this idea. I think you should invest in this, and we'll get the group to do it.'" 

Tallman, who lives in Byron with his husband, is a retired music teacher. He taught at Byron-Bergen Central Schools. He is the music director for the First Presbyterian Church of Byron and plays contrabassoon and piano in the GSO. He received his B.M. and M.M. in Music Education from the Crane School of Music at SUNY Potsdam. He also has a certificate of compositional study from the Birmingham Conservatory of Music in Birmingham, England.

He said his requiem reflects the text and moods of the Mass for the Dead. 

"Some of them are very somber and pensive. Some of them are playful and joyful," Tallman said. "The lux aeterna is like the light that you know we're searching for. And then the in paradisum ends with this lovely kind of ascension into the Netherworld."

He said the last movement is composed through the lens of his own passing and he had some fun with it.

"(It is) what would it be like if I was in that state of transition and then, ideally, the ascension," Tallman said. "So that piece has a lot of musical allusions to some of my favorite works of music, and it just becomes this collage of sound. The agnus dei has this little repeated pattern that is a variation of a pop tune that is very obscure, and everything builds around that pattern. It's dedicated to a pop star I loved in the 1980s (Alison Moyet), who got me through a lot."

The concert is at 7 p.m. Saturday in the Stuart Steiner Theater at GCC. Tickets are $17 for adults, seniors $12, and students (with ID) may attend for free.

Additional works on the program: 

  • Canzona per Sonare No. 2, Gabrieli
  • Crisantemi for String Orchestra, Puccini
  • Ritual Music, David Skidmore
  • A Young Person's Guide to the Orchestra, Britten (which Tallman will narrate).

For more information, click here.

genesee symphony orchestra
Photo by Howard Owens
genesee symphony orchestra
Photo by Howard Owens
genesee symphony orchestra
Photo by Howard Owens
genesee symphony orchestra
Photo by Howard Owens
genesee symphony orchestra
Photo by Howard Owens
genesee symphony orchestra
Photo by Howard Owens
genesee symphony orchestra
Photo by Howard Owens

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