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Law and Order: Batavia woman accused of possessing dealing-level of narcotics

By Howard B. Owens
Lisa M. Fox
Lisa M. Fox

Lisa M. Fox, 53, of Batavia, is charged with criminal possession of a controlled substance 3rd and criminal use of drug paraphernalia 2nd. Fox was arrested by a Batavia patrol officer on March 14 following a traffic stop on Clinton Street. She was allegedly found in possession of narcotics. She was arraigned and jailed.

Nicholas H. Heide, 28, of Port Jefferson, is charged with criminal mischief 3rd. He was arrested March 15, accused of slashing a vehicle tire in the parking lot of Copperhead Creek. He was issued an appearance ticket.

Michael A. Fanizza, 31, of Batavia, is charged with harassment 2nd. He was arrested on March 14 and accused of slamming another person to the ground during a fight on Jefferson Avenue. He was arraigned in City Court and released.

Bruce Warren, 62, of Batavia, is charged with sex offender failure to verify. He was arrested on March 17 and is accused of failing to verify his information, as required every 90 days as a registered sex offender. He was issued an appearance ticket.

Donyel E. Walker, 26, of Batavia, is charged with burglary 2nd and criminal contempt 2nd. Walker was arrested on March 14, accused of entering a residence in violation of a stay-way order of protection. He was arraigned and released.

Shane Anthony Porter, 54, of Roosevelt Highway, Hamlin, is charged with menacing 2nd. Porter was arrested following a report of an incident on Lake Street Road, Le Roy, at 7:44 p.m., March 22. A narrative of the events was not released. Porter was held or arraignment.

Tyler James Bull, 22, of West Main Street Road, Batavia, is charged with criminal contempt 2nd. Bull was arrested on March 25 at the Genesee County Jail in connection with an incident reported at 6:39 p.m. on Feb. 23. Bull allegedly violated an order of protection by making a phone call to the protected party. He was transported to the Town of Batavia Court and arraigned.

Megan June Courtney, 29, of Park Road, Batavia, is charged with criminal contempt 2nd. Courtney was arrested on March 28. He is accused of violating a stay-away order of protection at 9:54 a.m. on March 26 at a location on West Main Street Road, Batavia. 

Garrett Michael Pyc, 33, of South Lake Road, Pembroke, is charged with issuing a bad check. Pyc was arrested on March 28. Pyc is accused of issuing a bad check at 6:51 p.m. on Jan. 8 at a location on South Lake Road, Pembroke.

Dylan Jay Carli, 18, of Route 20, Pavilion, is charged with criminal mischief 4th and harassment 2nd. Carli was arrested on March 28 after deputies responded to a location on Linwood Road, Pavilion, to investigate a harassment complaint. He is accused of damaging property and harassing another person. He was held pending arraignment.

Daniel Francis Bower, 70, of Antlers Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, driving while using a mobile phone, leaving the scene of a property damage accident, and moving from lane unsafely. At 4:13 p.m. on March 30, Bower was allegedly involved in an accident on North Byron Road, Elba. The accident was investigated by Deputy Zachary Hoy. Bower was issued an appearance ticket.

Lee Carl Zimmerman, 54, of South Lake Avenue, Bergen, is charged with DWI, moving lane unsafely, and inadequate plate lamps. Zimmerman was stopped at 10:02 p.m. on March 31 on South Lake Avenue, Bergen, by Deputy Zachary Hoy. He was held pending arraignment.

Tanisha A. Nealy, 36, of Batavia, was arrested on a bench warrant on March 16. Nealy was initially arrested on July 31 and charged with menacing 2nd and criminal possession of a weapon 3rd. She allegedly threatened another person with a knife. She was arraigned and released.

Christian Pierre-Louis, 27, of Batavia, was charged with DWI. Pierre-Louis was stopped on March 15 by a Batavia patrol officer on South Main Street. He was issued traffic tickets and released.

Kyle W. Nash, 37, of Le Roy, was arrested on March 18 on a warrant. Nash allegedly failed to appear in court on traffic tickets issued on Jan. 10. He was arraigned in City Court and released.

Bill A. Thomas, 65, of Batavia, was arrested on March 14 on two warrants. He was previously charged with trespass and criminal trespass 3rd in separate cases. He allegedly failed to appear in court. He was arraigned in City Court and released.

The love of reading celebrated at Wolcott's Reading Fair and PARP Fest

By Howard B. Owens
reading fair at Le Roy Wolcott School
Photo by Howard Owens.

Reilly Schwenebraten and Erica Jeremy love reading, and they love teaching children to read, which explains their enthusiasm for organizing the Wocott Street School Book Fair and PARP Fest.

PARP stands for Pick A Reading Partner.

Schwenebraten is a Pre-K teacher at the Le Roy school,l and Jeremy is a teaching assistant.

"We actually spend the whole month focused on reading and activities," Jeremy said. "Then, to culminate the month, we have this event for an hour and a half on Friday night to bring the kids in a lot of free activities."

There is dancing, games, face painting, pizza, and other snacks for the kids. The student bookstore is also open.

"Our theme this year was 'Rock Out With A Good Book,' said Schwenebraten. "All of our activities have been based around music. So on Mondays, it was Move It Monday, where we were dancing throughout the day. Tuesday was Name That Tune Tuesday, where we'd play a song, and they'd have to guess it. On Wednesdays, we would dress up in different themes. Then, on Thursday, we had guest readers. So we drew in people from the community to read to our kids in lunch,  and then on Fridays, we would all wear our PARP shirts."

Why is reading important to you?

Jeremy: "Reading is important to me because it's the basic fundamental of everything you will ever learn, whatever career you want to go into, whatever job you want to have, whether you're reading a book, whether you're reading song lyrics, whether you're reading a map, whether you're reading recipes, you've got to have that knowledge to be able to go anywhere in life."

Schwenebraten: "Reading is important to me, because it brings a lot of memories for me, just with my family and how important reading was for my mom, and what I want to bring to my kids, and obviously what I bring to my students, and just like Erica said that it's the basis of all skills that you need for life, is to read. So finding ways to bring enjoyment and allow children to have enjoyment through reading is really important, and so motivating them to do that is our goal this month."

Erica Jeremy, a teaching assistant, and Reilly Schwenebraten, pre-K teacher.

reading fair at Le Roy Wolcott School
Erica Jeremy, a teaching assistant, and Reilly Schwenebraten, pre-K teacher.
Photo by Howard Owens.
reading fair at Le Roy Wolcott School
Photo by Howard Owens.
reading fair at Le Roy Wolcott School
Photo by Howard Owens.
reading fair at Le Roy Wolcott School
Photo by Howard Owens.
reading fair at Le Roy Wolcott School
Photo by Howard Owens.
reading fair at Le Roy Wolcott School
Photo by Howard Owens.
reading fair at Le Roy Wolcott School
Photo by Howard Owens.
reading fair at Le Roy Wolcott School
Photo by Howard Owens.
reading fair at Le Roy Wolcott School
Photo by Howard Owens.

With electric bus mandate coming in 2035, Le Roy planning ahead to delay EV conversion

By Howard B. Owens
le roy school buses
Le Roy Central School District photo.

New York State is sticking with a plan to require school districts to begin the conversation to electric buses in 2035.

Starting that year, school districts will be prohibited from purchasing gas or diesel buses.

Le Roy Central School District is working to delay buying its first electric bus as long as possible.

"Most communities are not in this category of wanting EV buses, and I think we're in that boat," Superintendent Merritt Holly said. "With our plan, we're trying to set ourselves up so that we don't have any pressure until prices come down and infrastructure is in place. We're buying ourselves time with our fleet that we have right now so that we're not forced into buying something until we're ready to do it."

District voters recently approved a plan, on a vote of 61-7,  to purchase more buses at a cost not to exceed $700,000, with $200,000 from the 2019 capital reserve fund.

The district will purchase:

  • Two 65-passenger diesel buses
  • Two 35-passenger gas minibuses, one with a wheelchair lift
  • Two passenger hybrid vans (one will be used for taking students to events outside the district, and the other will be a utility van on campus)

Currently, electric school buses cost from $400,000 to $500,000 each.

Holly said the mandates are beyond the district's control.

"What we can control is waiting around with our fleet to make sure that when the time comes, when the infrastructure is there, and when costs are coming down -- because right now, these are not popular decisions inside many communities. It's not inside of Le Roy."

Le Roy district considering $32 million budget while superintendent monitors Dept. of Ed developments

By Howard B. Owens
Merritt Holly file photo
Le Roy Superintendent Merritt Holly.
FIle photo by Howard Owens.

Increased costs, even with a dip in enrollment, is driving a $986,846 budget increase in the Le Roy Central School District, Superintendent Merritt Holly told the Board of Education at Tuesday's regular meeting.

"You get the rising cost of doing business and what I would call employee costs, (such as) health insurance," Holly said. "Just inflationary costs, again, of doing business, our buildings and the repairs. People sometimes forget that Woodwood Memorial Library is our responsibility and there's no aid back to that, and that falls on our budget to make that happen."

Business Administrator Brian Foeller said there will be six staff retirements and only two positions will be replaced.

Foeller also mentioned other cost pressures, including employment contract obligations, increased enrollment at BOCES and the P-Tech Academy, and repairs needed at the junior/senior high school parking lot.

The district plans to purchase choral risers, wrestling mats, musical instruments, and utility vehicles in 2025/26.

The total proposed spending plan is $32,055,588.  The levy is expected to increase 1.7%, which is below the tax cap limit. The district won't calculate the new tax rate for property owners until assessments are settled in August.

The board will vote on the budget at its April meeting, with a public vote in early May.

After the meeting, Holly spoke with The Batavian about national and state issues that may or may not affect the school district.

A looming issue is the possible closure of the Department of Education. On March 20, President Donald Trump signed an executive order eliminating the department, but even Republican members of Congress reminded him that Congressional approval is needed to eliminate the department, a point Trump has conceded. 

Holly said the biggest issue the district might face is the potential loss of Title 1 funds. The executive order carved out Title 1 as a program to continue, but perhaps run by another agency. Title 1 assists schools with a high percentage of students from low-income families.

The funds can account for 10 to 15 percent of district spending each year, Holly said.  That could mean a $3.5 to $5 million in lost revenue for the district if Title 1 is eliminated.

In the near term, Holly isn't worried about closing the DOE. So long as the Title 1 funds remain in place, the federal department has little to do with local schools.

"Yeah, I think the impact could be more down the road," Holly said. I think some of the movement by the Trump Administration, and what they're doing is, at face value, trying to look at costs, just like everybody else is trying to do to be efficient. I think the part that's most concerning for schools is, will those federal dollars come back to our schools, and to our states, then back to our schools. And I think that with that being said, that's the part of it that's the unpredictable nature of where we don't know where that's going to end."

Even though Congressional approval is uncertain, and there are lawsuits pending that attempt to block the executive order, and Trump has said Title 1 should continue, Holly thinks the district should ponder a future without the department and the funds.

"What will that impact mean if the federal dollars are not coming our way?" Holly said. "What's that going to mean for states? What are they going to do, and then what are we going do at the local level? So, I think we can start to gear up for some of those conversations."

Other than funding, most of the operations of the DOE -- collecting data on schools and education research, recommending education reforms, enforcing enforcing civil rights laws, and administering Pell Grants -- have little to no impact on local schools.

Some of the arguments about whether to keep the DOE is a two-sided coin.  Elimination, theoretically, helps return control of schools to the state and local districts. On the other side, the DOE doesn't interfere with local schools.

"I think, listen, I want -- this is my opinion --I want to have local control," Holly said. "I think that's what originally started -- our Board of Education, our community. I want local control as much as possible on that always; it is hard because at the same time, we're asking for federal dollars back but again, the impact should be local, local decision-making is where I believe education should start and end."

Which brings up a natural question: how about state control of local school districts?

"I think the unfunded mandates place huge burdens on districts that they don't think about that sometimes," Holly said.

An example, he said, is the electric bus mandate. 

"I still don't think it has been well thought out, though the other side would disagree," Holly said. 

Another mandate Gov. Kathy Hochul is pushing is for a ban of mobile devices by students during school hours. Holly said that is another issue that should remain up to the local school districts.

"That shouldn't be handled at the state level," Holly said. "It should be handled at the local level where we know what is best for students."

At the end of the interview, Holly provided The Batavian with a list of 152 state and federal unfunded mandates.  

These include:

  • Charter school payments from district aid
  • Claims auditor
  • School district property tax report cards
  • Segregation of duties (increased staffing)
  • Five-year capital facilities plan
  • Building condition survey every five years
  • Environmentally sensitive products ("green cleaning")
  • Academic intervention services
  • Coaching certification
  • Statewide data collection
  • Duel enrollment for non-public students
  • Curriculum requirements include Conservation Day and programs for the Irish Potato Famine, Humane Treatment of Animals, Patriotism and Citizenship, and Care for the Flag.
  • Seat time requirements
  • Staffing ratios and class sizes
  • Costs for students attending state schools for the blind and deaf
  • Children of Vietnam Vets must file a form
  • Nonpublic school healthcare services
  • Nonpublic school software loan
  • Nonpublic school textbook loan
  • Nonpublic school transportation

 

Officers use tools available to fight fire until Le Roy Fire arrives on scene

By Howard B. Owens
lincoln ave fire

Local law enforcement officers were the first on scene on Monday afternoon for a house fire at 24 Lincoln Ave., Le Roy, and jumped into action with three fire extinguishers and a garden hose to help keep the fire under control until Le Roy Fire arrived on scene.

The responding officers were Officer Terrez Smith, Detective James Prusak, and Deputy Jenna Fernando.

The fire was reported at about 1:40 p.m. with smoke and flames showing. 

Bergen Fire, Pavilion Fire, and Stafford Fire also responded.

It took about 20 minutes to extinguish the fire.

Photos via Le Roy Police Department.

lincoln ave fire

Le Roy's Edmund Acres honored at Celebrate Ag Dinner

By Howard B. Owens
genesee county ag dinner

Edmund Acres, LLC, a participant for the past 12 years with Genesee County Soil and Water and the Natural Resources Conservation Service, was honored on Saturday night in Alexander as Conservation Farm of the Year.

Located in Le Roy, Edmund Acres is owned by Nate Edmund. It is a grain crop farm that grows corn, soybeans, and wheat on over 1,000 acres.

Edmund has worked with Soil and Water on best management practices for soil health, with a focus on reducing tillage through strip-till and no-till practices and improving soil organic matter with cover cropping. Edmund also follows an integrated pest management plan and a nutrient management plan.

The Celebrate Ag Dinner was served at the Alexander Fire Hall and featured local products from: 

  • Dave's Ice Cream
  • Dorman Farms
  • Farm Fresh/Notera Foods
  • Fenton's Produce
  • Harrington's Produce
  • Oakfield Artisanal
  • Torrey Farms
  • Yancey’s Fancy

Photos by Melissa Brooks

celebrate ag dinner
celebrate ag dinner
celebrate ag dinner
celebrate ag dinner
celebrate ag dinner
celebrate ag dinner
celebrate ag dinner
celebrate ag dinner

Alayna Streeter named to Hartwick College's fall 2024 dean's list

By Press Release

Press Release:

Alayna Streeter of Le Roy, was named to Hartwick College's Fall 2024 Dean's List. Streeter, who is pursuing a major in Nursing, was among the approximately 425 students who were named to the Fall 2024 Dean's List.

Making the Dean's List is an indication of excellence in academic work. To qualify, students must complete at least 12 academic credits during a term with a grade point average of at least 3.50 and no incompletes.

Hawley celebrates Read Across America Day with students at local schools

By Press Release
unnamed.jpg

Press Release:

Assemblyman Steve Hawley (R,C-Batavia) visited T.J. Connor Elementary, Wolcott Street School and Dorothy B. Bunce Elementary for Read Across America Day. Hawley read There’s No Place Like Space to students as they learned about topics such as the solar system. This event has been a longstanding tradition for Hawley and his office, and he is proud to be able to host it for another year.

“Read Across America Day highlights the important role books have in our classrooms,” said Hawley. “Through reading, our students are able to expand their minds and create a passion for learning. I want to thank all of the schools, teachers and staff members for making this event possible and for putting their time, talent and energy into educating the next generation.”

Submitted photos.

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Le Roy students present an energetic adaptation of The Wizard of Oz on Thursday, Friday, and Saturday

By Howard B. Owens
le roy wizard of oz musical

The high school musical version of The Wizard of Oz has all the elements of the classic tale of dreams and wishes and a newfound appreciation for home and family.

Le Roy Jr./Sr. High presents the L. Frank Baum classic this weekend in three performances.

The musical version of The Wizard of Oz follows the tale of Dorothy Gale, a young girl from Kansas who dreams of adventure beyond her mundane life. 

Swept away by a tornado, Dorothy lands in the magical land of Oz, where she kills the Wicked Witch of the East and frees the Munchkins. 

Guided by Glinda, the Good Witch of the North, Dorothy embarks on a journey along the Yellow Brick Road to find the Wizard of Oz, who she hopes can help her return home. Along the way, she meets a Scarecrow seeking a brain, a Tin Man wanting a heart, and a Cowardly Lion desiring courage. 

Together, they face challenges from the Wicked Witch of the West and ultimately discover that the Wizard is a humbug, but Dorothy learns the true power to return home lies within herself. With a newfound appreciation for her life, Dorothy clicks the heels of her magical ruby slippers and says, “There’s no place like home,” returning to her family and friends in Kansas.

All three performances this week are at 7 p.m., Thursday, Friday, and Saturday. Tickets are $13 at the door for adults and $12 for students and seniors. Tickets can also be purchased online at a slight discount.

Photos by Howard Owens.

le roy wizard of oz musical
Dorothy is played by Aubrey Puccio, and Toto is played by Ziggy Pcionek.
le roy wizard of oz musical
le roy wizard of oz musical
le roy wizard of oz musical
le roy wizard of oz musical
le roy wizard of oz musical

Boys Basketball: Le Roy upset by Mynderse in B1 quarterfinal

By Staff Writer
le roy basketball

Mynderse, ranked #6, beat #3 ranked Le Roy in the Boys Basketball Class B1 quarterfinal on Saturday 70-45.

Scoring for Le Roy:

  • Jake Higgins, 13 points, 6 rebounds, 1 steal
  • Brayden Chase, 7 points, 1 rebound, 1 assist
  • Matthew Hockey, 6 points, 2 rebounds, 6 assists
  • Grady Gilligan, 6 points, 4 rebounds, 1 block, 1 steal
  • Jean Agosto, 4 points, 6 rebounds

Photos by Kristin Smith.

 

le roy basketball
le roy basketball
le roy basketball
le roy basketball
le roy basketball
le roy basketball
le roy basketball

The legend of Coach Don Santini lives on in Le Roy after his passing at age 85

By Howard B. Owens
coach santini

Don Santini, a Section V football coaching legend who coached the Le Roy Oatkan Knights early in his career, died Wednesday.

He was 85.

Santini was the head coach in Le Roy from 1966 through 1974 before returning to his alma mater, Fairport High School (1957). 

He led the Knights to the program's first-ever undefeated season (8-0) in 1966. The team won four league championships with Santini at the helm.

He was the first coach in Section V history with 200 wins, finishing his career with 2004, which now ranks fourth on the all-time list.

He compiled a 57-15 -2 record at Le Roy.

Santini started his coaching career in 1963 in Morrisville.

After returning to Fairport, Santini became rooted in the community and led the Red Raiders to seven Section V titles. His Fairport teams also won two state titles.

Even though Santini spent only eight years in Le Roy more than five decades ago, he is fondly remembered by Le Roy's football faithful.

Ed Henry wrote on social media, "Don Santini stressed his athletes to stay focused on game day as they were playing for pride and tradition. He was the ultimate motivator who inspired excellence in his teams. He was enthusiastic, excitable, fiery, and had a work ethic with no equal."

Jim Bonaquisti, who started his playing career a year after Santini returned to Fairport, said the former Knight's coach was still a coach he and other Le Roy players wanted to impress.

"We scrimmaged Fairport my junior and senior season," Bonaquisti wrote on social media. "I know I played a little bit harder because even though he wasn't my coach, I didn't want to let him down. Coach always showered you with praise for the great effort."

Santini was inducted into the Section V Football Hall of Fame in 1999.

Madeira Keister of Le Roy named to dean's list at Youngstown State University

By Press Release

Press Release:

Madeira Keister of Le Roy, majoring in Psychology, has been named to the Dean's List at Youngstown State University for Fall Semester 2024.

Dean's List recognition is awarded to full-time undergraduate students who have earned at least a 3.4 grade point average for not less than 12 semester hours of credit in the Fall semester.

 

Joshua Caleb Mallernee named to Mars Hill University fall 2024 dean's list

By Press Release

Press Release:

Joshua Caleb Mallernee of Le Roy is one of 482 Mars Hill University students named on the Honor Roll of the Academic Dean at the end of the fall 2024 semester. 

To qualify for the Dean's List, students must earn a grade-point average of 3.5 on a minimum of 12 semester hours, and carry no grade below a C.

Boys Basketball: Le Roy beats Cal-Mum 60-39

By Staff Writer

Le Roy closes out its regular season at 14-6 after beating Cal-Mum in Boys Basketball on Wednesday, 60-39

Le Roy stats:

  • Jake Higgins, 14 points, 5 rebounds, 2 assists, 1 steal
  • Jean Agosto, 13 points, 5 rebounds, 2 assists
  • Grady Gilligan, 6 points, 2 rebounds, 1 assist, 1 steal
  • Aidan Weaver, 6 points, 5 rebounds
  • Adam Woodworth, 5 points, 2 rebounds, 4 steals
  • Jace Jedrewski, 5 points, 3 assists, 3 steals
  • Brayden Chase, 5 points, 4 assists, 1 steal
  • Matthew Hockey, 4 points, 4 rebounds, 2 assists, 2 steals
  • Jaggar Smith, 2 points, 2 assists

Boys Basketball: Rochester Prep beats Le Roy 67-58

By Staff Writer

Rochester Prep (9-10) beat Le Roy (13-6) in Boys Basketball on Monday, 67-58

LeRoy Stats:
  • Jean Agosto, 19 points, 4 rebounds, 1 block
  • Jake Higgins, 11 points, 9 rebounds, 2 assists
  • Jace Jedrewski, 7 points, 1 steal
  • Matthew Hockey, 4 points, 3 rebounds, 3 assists
  • Brayden Chase, 4 points, 2 assists 1 steal
  • Aidan Weaver, 4 points, 2 rebounds, 2 assists
  • Jaggar Smith, 3 points,  2 rebounds,
  • Grady Gilligan, 2 points, 6 rebounds, 2 assists
  • Adam Woodworth, 2  points, 4 assists 1 steal
  • Zander Staba, 2 points, 1 rebound, 1 steal

Boys Basketball: Geneseo beat Le Roy 62-48

By Staff Writer

Geneseo beat Le Roy 62-48 on Friday in Boys Basketball.

Le Roy falls to 13-5, and Geneseo is 15-4.

Le Roy's Stats:

  • Jean Agosto, 11 points, 5 rebounds
  • Adam Woodworth, 9  points, 5 rebounds, 1 assists, 2 steals
  • Jake Higgins, 8 points, 5 rebounds, 4 last
  • Matthew Hockey, 7 points, 2 rebounds, 3 ast
  • Brayden Chase, 5 points, 2 rebounds, 2 assists, 1 steal
  • Jaggar Smith, 3 points,  1 rebounds
  • Jace Jedrewski, 3 points, 1 assists, 1 steal
  • Grady Gilligan, 2 points, 5 rebounds, 1 block

 

Potential candidate for Legislature from Le Roy had legal trouble in Georgia

By Joanne Beck
dr. George Robert Vito, le roy
Dr. George Robert Vito
In a lab coat from the Foot & Leg Center of Georgia. The photo appears on the website for the Foot and Ankles Center of WNY.

Dr. George Robert Vito, of Le Roy, is apparently considering his options after the Genesee County Conservative Party withdrew its endorsement of him for the County Legislature District #5 seat, citing "legal issues."

The Batavian has located multiple court documents in Georgia, New York, and at the federal level that detail a number of "legal issues."

These are issues he reportedly neglected to mention to Conservative Party members before they voted to endorse him.

Vito served a year in federal prison, from June 4, 2014, to May 13, 2015, plus three years on probation on a bankruptcy fraud conviction in Georgia (original indictment).

He was also sued by Jay Otero in Macon, Ga., for a leg-lengthening surgery that left Otero confined to a wheelchair for three years before he was able to walk with crutches, according to a court document

Vito has also been involved in other lawsuits, as a defendant and plaintiff, in both Georgia and New York.

The Batavian learned Vito shared some details of his history in Georgia during this week’s county GOP committee meeting. 

The Batavian attempted to talk with Vito about his professional history on Thursday, but he declined to answer questions until after meeting with Le Roy's Republican leadership.

After learning from Committee Chairman Andrew Lathan later Thursday that they hadn’t talked yet and had no meeting set up, The Batavian tried again. Vito said, “At this point, Andrew Lathan and I are in discussions.”

“We’re not discussing it with anybody how we’re going to handle the situation, so everything is still up in the air,” he said. “That’s just our comment at the present time. You know, what happened the other night was unexpected, and we’re just seeing how we’re going to play the cards. That’s all.”

The Batavian asked if he would respond to what he revealed at the county Republican meeting. “No,” he said.

On Friday morning, The Batavian again contacted Vito and informed him The Batavian had prepared a story about his legal issues. He said he would only respond to our request for comment if we agreed to publish a statement from him in full. 

Here is his statement:

Any legal issues I have had are personal in nature and clearly posted on the internet. I have no doubt they will be used on your website to create a salacious article to remove any support I have for the legislative spot. I was upfront and truthful when I spoke to the county Republicans prior to the vote. I openly stated that I had a bankruptcy-related felony charge and that I served my punishment. Even after the committee was informed by me of my past legal issues, (Shelley) Stein could not get the endorsement and was losing votes every time they took a new vote.
 
I will have a sit-down interview with the Video News Service early next week. Interested voters in Le Roy can look for that story and decide for themselves.
 
I am moving forward and will not announce any decisions or changes until late March or early April.

Vito is a podiatrist who is originally from Rochester. According to his social media page, he attended Corning Community College, SUNY Cortland, Des Moines University, University of Phoenix, Utica College and Purdue Global Law School. 

His medical training includes a degree from the Des Moines University of Osteopathic Medicine and Health Sciences and a surgical residency at Emory Northlake Regional Medical Center Residency in Tucker, Ga.

Vito has a long list of professional credentials and accolades, according to his resume. It also indicates some connections to Georgia, though he doesn't list his time in practice in that state.

He has operated practices in Buffalo, Georgia, North Carolina, Hewlett, Amherst, Batavia, and elsewhere, and currently lives and has an office in Le Roy.

Jay Otero filed his action against Vito on July 7, 2004. He alleged negligence, unlawful practice of medicine, fraud and misrepresentation, and professional malpractice.

Otero, according to court documents, underwent cosmetic leg-lengthening surgery in August 2002. Otero signed consent forms and paid Dr. Vito approximately $53,000 to perform the surgery. The procedure was estimated to increase Otero’s height (5ʹ1ʺ) by one to three inches. 

Following the surgery by Vito, Otero sought a second opinion from Dr. Dror Paley, who began treating Otero for "bilateral nonunions of the proximal tibiae with severe greater than 45-degree valgus procurvatum deformities of both tibiae," according to court documents.

In simpler terms, this describes a condition where both legs have unhealed breaks near the knees, causing the lower legs to bend outward and forward at a severe angle (more than 45 degrees).

Dr. Paley planned a course of treatment to correct Otero’s deformities. 

In November 2006, while under Dr. Paley’s care, Otero suffered an excruciatingly painful stress fracture that resulted in a complete fracture through his right femur. 

According to the 2007 court document (Order on Motion for Default Judgement), Otero’s condition "improved somewhat since his August 2002 surgery. He remains under Dr. Paley’s care and supervision."

The default judgment order states, "Dr. Vito’s liability for his negligence and unauthorized practice of medicine has already been established by the Court’s prior rulings, and the Defendants’ Georgia RICO and punitive damages liability was well-pleaded in the Second Amended Complaint, and thereafter established by the entry of default against them.”

The court ordered:

  • Special damages in the amount of $721,989.24;
  • Treble actual damages in the amount of $1.5 million ($ 500,000 base award);
  • Punitive damages in the amount of $150,000; and
  • Attorneys’ expenses in the amount of $155,000.

As part of the same case, in an Order on Motion for Summary Judgment (Sept. 9, 2009), the court also found that Vito undertook a strategy to create various corporate and business entities, which are listed in the document "as part of an elaborate scheme to evade liabilities to judgment creditors such as the Plaintiff in this case."

The court stated that Vito admitted that "he created and controlled the various entities so that he could protect his assets from collection while maintaining control over and access to those assets."

According to the court, Vito included his brothers, Richard C. Vito and John A. Vito, and his father, George A. Vito, all three also from Rochester, as official owners, shareholders, and officers of all the entities.

Richard Vito and John Vito both testified that they had no knowledge of or involvement in the affairs of these entities but that they agreed to participate as owners or officers of the various entities at the direction of their brother.

The order states:

The court found that Vito's transfers to these various entities was fraudulent, with the intent to hide assets from creditors, including Otero. By weaving a complex web of trusts, corporations, and limited liability companies, by channeling his income through numerous accounts in numerous names, by transferring his property to alter egos, by encumbering his property and income stream with various obligations, and by refusing to cooperate in the discovery of his assets, Dr. Vito fashioned a daunting challenge for his creditors. Overcoming that challenge has required more than two years of arduous, expensive litigation by a very determined Plaintiff, the appointment of a special master and a receiver, the incarceration of Dr. Vito, and considerable time and effort on the part of this Court and its staff. To this day, it cannot be said that the web is completely untangled or that the hurdles have all been removed. Enough is known, however, to warrant summary judgment in the case.

As a result, the court ordered that funds currently held by the receiver in the bankruptcy on behalf of the Vito entities be considered assets of the Vito estate.

This evidence is apparently what led to the federal bankruptcy fraud indictment.

Georgia court records also indicate that Vito was sued by Sabih Kalidy, who alleged medical malpractice by Vito when he experienced complications after Vito had performed leg lengthening surgery. The case was apparently settled, but the actual case documents are not online. The Batavian only knows about it because Vito subsequently sued Dror Paley, alleging defamation via an affidavit Paley made in the case. That case was dismissed. 

Also stemming from Kalidy's case, Vito sued attorney Mark Inman. Inman then took on another client who underwent the same procedure and began making phone calls to gather more information to support the case. He left phone messages for the person he called and Vito learned of those messages. He sued Inman and Inman's law firm alleging slander, tortious interference with business relations, and misappropriation of trade secrets. An appeals court decided in Inman's favor.

Closer to home, Legacy Medical Consultants, based in Fort Worth, filed a complaint against Vito and Ankle and Foot Centers of Western New York on June 28. The case is still pending, with the most recent action in the case, notice of discovery, on Jan. 31. 

Legacy alleges that Vito failed to pay more than $13.5 million for products received by his practice beginning in July 7, 2022.

"Despite the plain language of the Agreement, Dr. Vito has failed to make numerous payments owed to Legacy for Products he received," the complaint alleges.

It alleges Vito has failed to make at least 151 payments.

In the complaint, Legacy describes its business:

Legacy is an integrated marketer of proprietary regenerative biomaterial products processed from human amniotic membrane and other birth tissues. Among other things, Legacy markets amniotic tissue grafts, which are intended to assist in the treatment of external, chronic or non-healing wounds by providing coverage and protection. Legacy markets its products to doctors all over the country.

Legacy alleges Vito entered into an agreement with Legacy in November 2021 to purchase "human cell and tissue products for Dr. Vito to administer to patients as medically necessary” and that he subsequently placed orders with Legacy.

In an answer filed on Aug. 7, 2024, Vito denies all the allegations raised in the suit.

As for Vito’s next political step, “it is up to him,” Le Roy Republican Committee Chairman Andrew Lathan said. 

It was too late for Vito to appear before the committee by the time he notified Lathan of his interest, and the endorsement window is now closed, the chairman said. 

“He will need to get the required signatures for an upcoming primary. He has made no indication to me of his decision,” Lathan said Thursday evening. “It is important to note that the political process is alive and well for the 5th Legislative District; the door is now open for any Republican in Le Roy to get signatures and get on the ballot.

“I plead home rule to the GCRC, where the voters of Le Roy truly get to pick their representation at the county level, not to get force-fed an incumbent candidate, and my fellow Republicans of the GCRC delivered,” he said. “This is going to be a long process; nothing is going to be settled on social media. Keyboard warriors should stay stretched and well-hydrated. I hope it is an honest and fair process.”

Howard Owens contributed to this article.

Girls Basketball: Le Roy beats Mount Morris 55-46

By Staff Writer
le roy basktball

Le Roy beat Mount Morris 55-46 in Girls Basketball on Wednesday.

The Knights are now 11-7 on the season.

Le Roy scoring:

  • Kylie Wilson, 17 points
  • Sierra Burk, 16 points
  • Baily Caton, 15 points

Photos by Kristin Smith.

le roy basktball
le roy basktball
le roy basktball
le roy basketball
le roy basketball
le roy basketball
le roy basketball
le roy basketball

Boys Basketball: Le Roy beat by Spencerport 70-60

By Staff Writer

Spencerport beat Le Roy, knocking the Knights down to 13-4, in Boys Basketball on Monday, 70-60.

LeRoy Stats:

  • Jean Agosto, 14 points, 10 rebounds, 4 assists, 1 block
  • Matthew Hockey, 13 points, 3 three-pointers, 4 assists, 2 steals
  • Adam Woodworth, 12 points, 2 rebounds, 5 assists
  • Jake Higgins, 9 pts 8 rebounds, 1 block
  • Grady Gilligan, 6 points, 2 three-pointers, 7 rebounds, 1 assists

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