Le Roy

The Le Roy Women of the Moose held their annual “Cake Walk” on Feb. 16. This fun and decidely carefree event consisted of dessert donations by Le Roy Moose members.

Participants entered for a chance to choose one of the toothsome desserts, enjoy the DJ and other raffles. A real fun time was had by all. The money -- $240 -- raised will give three Le Roy families a pool scholarship at the Town of Le Roy Recreation Center this summer.

Pictured from left are: Jennifer Swartz; Jackie Whiting with the Town of Le Roy Recreation Program; Martha Bailey, chairperson; Sharyll Hume, senior regent; and Cathy Campbell, club recorder.

If you would like to become a part of this vibrant and giving organization, ask any Le Roy Moose member for details.

(Submitted photo and press release.)

Ranelle E. Reuben is accused of driving while intoxicated, a Class D felony. It is alleged that on Dec. 18 she drove a 2010 Dodge on Route 5, Route 98 and Batavia-Elba Townline Road while intoxicated. In count two, she is accused of aggravated DWI, per se, for having a BAC of .18 percent or more at the time. In count three, she is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while her driver's license was suspended or revoked and while she was intoxicated. In count four, she is again accused of aggravated unlicensed operation -- for driving without a license while knowing it was withdrawn because she refused to submit to a chemical test, and while she was under the influence of alcohol or a drug. In count five, the defendant is accused of circumvention of an interlock device for driving a vehicle which was not equipped with a court-ordered ignition interlock device. In count six, Reuben is accused of following too closely in violation of vehicle and traffic law. It is alleged in count six that Reuben followed another vehicle more closely than was reasonable and prudent, in regard to speed, traffic and roadway conditions. In Special Information filed by the District Attorney, Reuben is accused of having been convicted of DWI as a Class E felony on Dec. 20 2012 in Genesee County Court. That conviction forms the basis for the suspension or revocation referred to in count three of the current indictment; and she knew or had reason to know about the 2012 conviction and the subsequent loss of her driver's license.

Rodney S. Schwartz is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 25 in the Town of Alexander that Schwartz drove a 2014 Ford on Route 20 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving that day without a driver's license, which had been suspended or revoked. In count three, Schwartz is accused of second-degree obstruction of governmental administration, a Class A misdemeanor. It is alleged in count three that he intentionally obstructed, impaired or perverted the administration of law or other governmental function by means of intimidation, physical force or interference, or by any independently unlawful act. In Special Information filed by the District Attorney, Schwartz is accused of having been convicted of DWI, as a Class E felony, on April 16, 2010 in Supreme Court, City of Buffalo, Erie County and that conviction forms the basis of the suspension or revocation referenced in the current indictment.

Trisha A. Park is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on Nov. 30 in the Town of Le Roy that Park drove a 2012 Chevrolet on Wolcott Street while her ability to do so was impaired by the use of a drug and while a child 15 years of age or less was a passenger. In count two, she is accused of driving while ability impaired by drugs, as a misdemeanor. In count three, she is accused of endangering the welfare of a child by knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Brian Wilson, 30, no address noted, of Corfu, was arrested on two counts of reckless endangerment after deputies say he was driving in wintry conditions without his headlights on. Wayne County Sheriff's deputies said he drove without headlights in two separate incidents on Route 104 and Lake Avenue in Williamson early this morning in the predawn hours (March 4). Deputies allege he was driving at a high rate of speed on Lake Avenue. Both of those incidents, deputies say, took place before sunrise and during snowy weather conditions, with roads covered in snow. Wilson was put in Wayne County Jail on $250 cash or $500 bond.

Armando M. Teruel, 35, of Black Spruce Court, Amherst, is charged with second-degree contempt. He was arrested on Feb. 25 on a Batavia City Court warrant. He is accused of violating a stay away order of protection that was issued on May 13 by contacting the protected party. He was released on his own recognizance. The case was handled by Batavia Police Officer Jason Ivison.

Spencer Alan Luthart, 22, of Mill Street, Middleport, is charged with: driving while intoxicated -- first offense; DWI with a BAC of .08 percent or more; unlawful possession of marijuana; operating a motor vehicle without an inspection certificate. Luthart was arrested at 1:32 a.m. on March 3 on Wolcott Street in Le Roy after he was stopped for alleged traffic and vehicle violations. He was issued an appearance ticket and is due in Le Roy Town Court on April 11. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Jenna Ferrando.

Aiken R. Ahdeosun, 20, of Ellicott Avenue, Batavia, was arrested March 1 by Batavia police after he was spotted walking on Thorpe Street. He had a bench warrant out of Batavia City Court for failure to appear on a charge of petit larceny that occurred at 1:30 p.m. on Jan. 18 at the M&T Express Mart at 100 W. Main St. in Batavia. He was also charged with bail jumping back in September for failing to appear in court on another matter in August. After his arraignment, he was jailed in lieu of $5,000 cash or $10,000 bond. He was due to return to city court today (March 4). The cases were handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Stephen Quider.

Joseph W. Freeman, 34, no address provided, is charged with petit larceny. He was arrested at 10:27 a.m. on Feb. 27 at Tops Market in Batavia after allegedly shoplifting. He was arraigned in Batavia City Court and found to have a bench warrant issued Jan. 31 for failure to appear concerning an unspecified incident. After arraignment, he was jailed in lieu of bail and is due in city court on Tuesday (March 5). The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Frank Klimjack.

Press release:

The Alzheimer’s Association® Western New York Chapter is offering a number of free programs and supportive services across Genesee County in March.

Chapter dementia educators will present "Effective Communication Strategies" at 5 p.m. on Wednesday, March 13, at The Manor House at 427 E. Main St. in Batavia.

This program is ideal for care partners of those living with Alzheimer’s disease or other dementia, as it offers verbal and nonverbal strategies for caregivers to more effectively understand and communicate. Dinner will also be served, so preregistration is required by calling 1.800.272.3900 or 716.626.0600.

Additionally, the Chapter trains facilitators to lead several monthly caregiver support groups across the county, which allow caregivers to connect with others facing similar challenges and hear advice for overcoming them:

• Third Wednesday (March 20) at 7 p.m. – Richmond Memorial Library, 19 Ross St. in Batavia
• Third Thursday (March 21) at 1 p.m. – Genesee County Office for the Aging, 12 Bank St. in Batavia
• Second Monday (March 11) at 2 p.m. – The Greens of Le Roy, 1 West Ave. in Le Roy

Community social programs, or respites, are also available every month in Batavia and Corfu. This program provides relief to those who care for individuals with Alzheimer’s disease or other dementia and offers them some time to refresh and re-charge, while their loved one is engaged in social activities in a safe environment.

First Presbyterian Church of Batavia offers this free service on the fourth Monday (March 25) from 10:30 a.m.-2:30 p.m. For additional information, please call Mickey Rodak at (585) 455-5940.

Indian Falls United Methodist Church at 7908 Allegany Road offers a respite program on the third Wednesday (March 20) from 10:30 a.m. to 2:30 p.m. For more information, call Celinda McQuiston at (585) 762-9105. 

To learn more about other Alzheimer’s Association programs and services, contact the WNY Chapter office at 1.800.272.3900.

You can also access dementia care programs and resources by calling the Genesee County Office for the Aging at 585.343.1611.

A car has hit a tree and rolled over in the area of 49 Munson St., Le Roy.

No injuries.

Le Roy fire and Le Roy ambulance responding.

Le Roy fire police requested to shut down Munson at Gilbert and at Route 19.

A Le Roy police officer is on scene.

The smell of natural gas is reported inside the Save-A-Lot grocery store in Le Roy, located at 15 W. Main St. Le Roy Fire Department is responding.

UPDATE 1:37 p.m.: Le Roy command confirms the smell of natural gas in the building and calls Le Roy Ambulance Service to respond.

Photo and information from Alecia Kaus, of Video News Service.

The three male occupants who crashed into a house on Clay Street in Le Roy in the wee hours this morning were from out of the area, authorities say, but their identities have not yet been released.

The front-seat passsenger died at the scene at 77 Clay St., and the driver and back-seat passenger were transported to Strong Memorial Hospital in Rochester, although Le Roy Police Chief Chris Hayward said he's not sure which one of them was taken by Mercy Flight and which by ambulance.

"It's very early in the investigation," Hayward said.

The Crash Management Team arrived shortly after 6 a.m. and code enforcement was there at that time determining whether the house with an upstairs and downstairs apartment was habitable. The downstairs unit was unoccupied. The upstairs tenant was not injured.

The victims who were transported both had severe injuries.

"They were extensive," Hayward said. "I don't really want to specify."

The car -- and Haywood said they could not tell if it was a sedan or a coupe based on looking at the wreckage -- was coming from the south around 3:30 a.m., heading northbound on Route 19 (Clay Street at the crash site), when it failed to negotiate the Wolcott Street curve and smashed into the house.

Photo courtesy of Alecia Kaus, of Video News Service.

A two-vehicle accident is reported, with one of the vehicles crashed into a house at 77 Clay St. in Le Roy. It's in the village between Wolcott and Myrtle streets. Le Roy Fire Department, Le Roy Ambulance Service and Mercy medics are responding. 

A first responder on scene says there are three patients. Mercy Flight out of Batavia is put on standby. Pavilion Fire Department is called for extrication. An ambulance out of Monroe County is requested.

Le Roy Fire Police are going to shut down all northbound traffic on Route 19 at Munson Street.

UPDATE 3:46 a.m.: Le Roy command asks that Route 19 at Route 5 also be shut down.

UPDATE 3:53 a.m.: Serious injuries are possible. The county's Crash Management Team is being called in and along with a code enforcement officer. Mercy Flight is called to the scene. It will land at the Le Roy Ambulance Service base on Tountas Avenue.

UPDATE 3:59 a.m.: Mercy Flight has a 12-minute ETA.

UPDATE 4:05 a.m.: The Mercy Flight landing zone is changed to the area by the middle school field by the bus garage. One patient has been extricated.

UPDATE 4:14 a.m.: Mercy Flight has landed. All patients extricated.

UPDATE 4:16 a.m.: Le Roy medics are transporting one patient to the Mercy Flight helicopter.

UPDATE 4:26 a.m.: Alecia Kaus, of Video News Service, who is at the scene, says: "According to Le Roy Police Chief Hayward, this was a one-vehicle accident. A car lost control at the curve and struck a house. Three males were in the vehicle. One front-seat passenger has died at the scene. The driver and another passenger were transported to Strong Hospital, one via Mercy Flight and one via ambulance."

UPDATE 4:31 a.m.: The gas is being shut off at the house on Clay Street where the crash occurred.

UPDATE 4:34 a.m.: Alecia Kaus says no one inside the house was injured. There was no one in the first-floor apartment at the time of the crash; the second-floor occupants were unharmed.

UPDATE 4:36 a.m.: State DOT will be notified about a traffic sign that will need to be replaced.

UPDATE 4:48 a.m.: Le Roy fire's auxiliary was summoned about 20 minutes ago.

UPDATE 4:53 a.m.: Le Roy ambulance is back in service.

UPDATE 5:48 a.m.: The State Police are in charge of the scene now; the vehicle is covered. A picture(s) of the vehicle involved will be posted later when it becomes available. No more updates anticipated until then.

Darnel J. Tillmon is indicted for the crime of assault on a police officer, a Class C violent felony. It is alleged that on Aug. 2 in the Town of Le Roy that Tillmon acted with intent to prevent a police officer -- a New York State trooper -- from performing a lawful duty and his actions caused serious physical injury to the officer. In count two, Tillmon is accused of second-degree assault, a Class D violent felony, by acting intentionally to prevent the officer from performing a lawful duty and his actions caused physical injury to the officer. In count three, Tillmon is again accused of second-degree assault for allegedly recklessly causing serious physical injury to the trooper by means of a deadly weapon or instrument, in this case a motorcycle. In count four, the defendant is accused of third-degree assault, a Class A misdemeanor, for allegedly recklessly causing physical injury to another person -- the trooper. In count five, the defendant is again accused of third-degree assault for acting with criminal negligence, causing physical injury to the trooper by means of a deadly weapon or dangerous instrument -- the motorcycle. In count six, Tillmon is accused of reckless endangerment in the second degree, a Class A misdemeanor, for allegedly recklessly engaging in conduct which created a substantial risk of serious physical injury to another person. In count seven, Tillmon is accused of the crime of unlawfully fleeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count seven that Tillmon knew he had been directed to stop his motor vehicle by a uniformed police officer or a marked police vehicle by the activation of either lights or lights and sirens, and he attempted to flee by engaging in reckless driving. In count eight, Tillmon is accused of resisting arrest, a Class A misdemeanor, for allegedly intentionally preventing or attempting to prevent an officer from arresting himself or another person. In count nine, Tillmon is accused of the crime of third-degree escape, a Class A misdemeanor, for escaping from custody. In count 10, Tillmon is accused of failing to comply with the lawful order of a police officer or flagperson. It is alleged in count 10 that the defendant drove a 2006 Kawasaki and failed or refused to comply with the lawful order or direction of a police officer or flagperson duly empowered to regulate traffic. In count 11, Tillmon is accused of the offense of improper passing for operating the Kawasaki and overtaking or passing another vehicle on the right shoulder of the NYS Thruway. In count 12, Tillmon is accused of moving from lane unsafely, a violation of Vehicle and Traffic Law, by riding the Kawasaki on a roadway divided into clearly marked lanes and failing to drive within a single lane and moving from a lane without regard to doing so safely. In count 13, Tillmon is accused of unsafe starting, a violation of Vehicle and Traffic Law, by moving the Kawasaki, which had been stopped, standing or parked, without first determining if movement could be made with reasonable safety. In count 14, Tillmon is accused of failing to use signal lamps, contrary to Vehicle and Traffic Law, by riding the Kawasaki and changing lanes or entering an exit ramp of the Thruway without using signals by hand and arm, or signal lamps. In count 15, Tillmon is accused of speeding for operating the Kawasaki that summer day at a speed greater than was reasonable and prudent under the conditions and without regard to the actual and potential hazards at that time. In count 16, Tillmon is accused of speeding for operating the Kawasaki at 135 mph in a 65-mph zone. In count 17, Tillmon is accused of reckless driving, a violation of Vehicle and Traffic Law, for operating the Kawasaki on I-90 in a manner which unreasonably interfered with the free and proper use of a public highway or unreasonably endangered users of a public highway.

Erica R. Leach is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on Aug. 24 in the Town of Darien that Leach knowingly and unlawfully possessed a controlled substance: cocaine with a weight of 500 milligrams or more.

Latashia M. Sanchez is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Oct. 18 in the Town of Stafford that Sanchez drove a 2011 Chevrolet on Main Road -- Route 5 -- while intoxicated. In count two, she is accused of DWI, per se, as a misdemeanor, for having a BAC or .08 percent or more at the time. In count three, Sanchez is accused of first-degree aggravated unlicensed operation, a Class E felony. It is alleged in count three that Sanchez knew or had reason to know that her driving license was suspended and that she was driving without a license while intoxicated. In count four, she is accused of driving her vehicle in excess of 55 mph. In Special Information filed by the District Attorney, the defendant is accused of having been charged with DWI, per se, in Town of Le Roy Court on July 31. The prosecution of that crime forms the basis for the suspension referred to in count three. As a result of the prosecution, her license was suspended at 2 p.m. on Oct. 18 and was therefore in effect at 5:19 p.m. Oct. 18, when she allegedly violated the laws resulting in the current indictment.

Jeffery C. Rogers is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Aug. 25 he drove a 2011 Chevrolet with Tennessee plates on West Main Street in the City of Batavia while intoxicated. In count two, Rogers is accused of aggravated  DWI, per se, as a Class E felony, for allegedly having a BAC of .18 percent or more at the time. In count three, Rogers is accused of exceeding the maximum established speed limit. In Special Information filed by the First Assistant District Attorney of Genesee County, the defendant is accused of having been convicted of driving under the influence, as a misdemeanor, on April 13, 2015, in General Sessions Court, Knox County, Tenn. That conviction was within 10 years previous to the crimes alleged in the current indictment.

Girls indoor track teams from Le Roy and Batavia, and the boys team from Batavia came away with sectional titles after competing at meets at RIT on Friday and Saturday.

Le Roy garnered 78 points, far outpacing second-place Warsaw at 38 points in Class D.

In Class C, the Batavia girls team also finished well head of the next closest team with 132 points to 47.5 points for Palmyra-Macedon.

For the boys, they notched first with a dominating 152 points to 56 points for Wayne Central.

First-place showings for Le Roy:

• McKenna Cone in the 55 Meter Hurdles with a time of 9.03.
• McKenna Cone in the Long Jump with a distance of 6-07.25

The Le Roy Boys Track Team finished second to East Rochester with 43 points to 53 points.

First-place finishes for Batavia girls:

• Arianna Brown in the High Jump with a height of 4-08.00
• Emily Caccamise in the 1500 Meter Race Walk with a time of 9:04.69

First-place finishes for Batavia boys:

• Zakariah Jantzi in the 1000 Meter Run with a time of 2:40.24
• Garrick Havens in the 1600 Meter Run with a time of 4:46.34
• Garrick Havens in the 3200 Meter Run with a time of 10:25.96
• Batavia won the 400 Meter Relay with a time of 9:03.44
• Daemon Konieczny in the High Jump with a height of 6-01.00
• Alex Rood in the Shot Put with a distance of 53-10.00
• Matt Grover in the Weight Throw with a distance of 51-02.25

Batavia Coach Nick Burk also sent along this meet report:

The Batavia Indoor track and field team competed in Sectionals last night at RIT and came away with the double championship (boys and girls) for the third year in a row. The boys team won their eighth overall Sectional Championship and seventh title since 2008. The girls' team won their 15th Sectional Championship in 17 years with this being their sixth consecutive title. Both teams came into the meet very confident and excited to continue the high level of excellence that our program has developed.

For the boys' meet, our dominance in the throws continued with Alex Rood winning the Shot Put (53-10), while Jaheim Smith (48-7.25) and Evan Bartz (44-4.5) took second and fourth, respectively. Not to be outdone, our boys' Weight Throwers were even more impressive taking the top four places with Matt Grove (51-2.25) winning the event, followed by Evan Bartz (50-0.75), Alex Rood (49-11.25), and Cody Eisenberger (48-6.75).

Batavia's distance crew certainly shined in this meet, particularly Garrick Havens who won the 3200m (10:25.96), the 1600m (4:46.34), and was part of the winning 4x800 Relay (9:03.44) with Zak Jantzi, John Bruggman, and Mario Rosales. Zak Jantzi also won the 1000m (2:40.24) and Mario Rosales took second in the 1000m (2:43.32) and fourth in the 1600m (4:57.67). John Bruggman finished in fourth in the 600m (1:28.77).

Daemon Konieczny had a phenomenal meet as well winning the High Jump (6-1), placing third in the Pole Vault (12-0), and fourth in 55 Hurdles (8.52). Also in the Pole Vault, Andrew Lin placed fifth (11-0) and Matt Adams placed sixth (11-0).

Senior Taiyo Iburi-Bethel had a very impressive meet with a fourth-place finish in the 55m (6.76) and second-place finish in Long Jump (20-11). Other scorers for Batavia were Joey Gefell finishing fifth for Triple Jump (38-9), Terrez Smith finished fifth in the 55m (6.78), Troy Helsdon finished fifth in the 3200m (11:12.23), Brock Every finished sixth in the 600m (1:31.89) and the 4x400 Relay with Joey Gefell, Colton Martin, Leo Liang, and Zack Anderson finishing fifth (3:49.80).

Batavia's boys finished first out of 17 scoring teams with 152 points, followed by UPrep with 71 points and Wayne with 56 points.

The Batavia girls' indoor track team had a truly gritty performance last night led by a group of seniors that have been a part of our success for a long time. Liz Cohen had an incredible meet placing second in the 55 Hurdles (9.20), second in the Pole Vault (9-0) and third in Triple Jump (33-3.5). Emily Caccamise earned a repeat championship in the 1500m Racewalk (9:04.69), Jalesa Smith placed second in the High Jump (4-6), second in Long Jump (16-4), and fourth in the Weight Throw (32-8.75), and Caitlin Kingston placed fourth in the 600m (1:45.96) These four athletes finish their indoor track careers having never lost a Sectional meet and contributing 56 points toward last night's team championship.

Arianna Brown earned a Sectional Championsip in the High Jump (4-8) while also running on the 4x200 Relay with Sarah Adams, Jadin Vasciannie, and Caitlin Kingston, which placed third (1:56.04). Sarah Adams also place second in the Triple Jump (34-0.5). The girls' 4x400 Relay of Caitlin Kingston, Noelia Ventura, Aurelia Colby, and Piper Harloff finished third (4:30.43), and the 4x800 Relay of Sadie Loria, Maddie Taggart, Sam Davis, and Makayla Andolora finished sixth (11:14.87).

The girls' Throwers also had a tremendous meet! Along with Jalesa Smith's fourth-place finish in Weight Throw, Maggie Andersen finished in second (41-7.5) and Rebekah Daniszewski finished sixth (32-2.25). Rebekah also earned a second-place finish in the Shot Put (32-2).

Other scorers for the Blue Devils last night were: Melanie Quinones-Santiago, who finished fifth in the 3000m (12:05.91) and fourth in the 1500m (5:40.03); Sydney Konieczny, who finished fourth in the 1000m (3:20.56); Elizabeth Kingston, who finished fourth in the 1500m Racewalk (9:22.23); Gavin Konieczny, who finished third in Pole Vault (8-6); and Camryn Buck, who finished third in High Jump (4-6).

Batavia's girls finished first out of 19 scoring teams with 132 points followed by Wayne with 72 points and Pal-Mac with 47.5 points.

This performance really demonstrates the tremendous effort by our Blue Devil athletes and also the guidance from our incredible coaching staff. Dan Geiger (Throws), Rich Boyce (High Jump/Distance), William Buckenmeyer (Hurdles/Distance), Eric Allen (Jumps), Alex Veltz (Sprints), Wayne Wadams (Pole Vault), and Brandon Stevenson (Sprints) provide our athletes with the essential skills and motivation necessary to continue our very successful tradition of track and field at Batavia High School.

Between indoor and outdoor track, we've been blessed with so many great athletes and great individual performances, which have directly led to 33 Sectional Championships (Indoors and Outdoors) for our program since 2003. Batavia's Indoor Track Team rose to the occasion once again to represent our community and our school as a tough and dedicated team! Go Blue Devils!

Submitted photos.

An attorney for residents of Presidential Acres in Le Roy said today following a hearing in Genesee County Supreme Court that her clients are proceeding with an appeal of a ruling against their attempt to overturn a Town of Darien judge's dismissal of their effort to enforce a Zoning Board of Appeals decision.

The residents, with Steve Barbeau as lead plaintiff, believe that Pete McQuillen should use a driveway on Robbins Road, and not on Fillmore Street, to access an auxiliary structure and residence on his property at 9313 Robbins Road, Le Roy.

They believe a ZBA decision requires McQuillen and any visitors to his property to use the Robbins Road driveway.

In January, Justice Emilio Colaiacovo dismissed an Article 78 motion by Barbeau and co-petitioners to overturn a decision by Darien Town Justice Michelle Krzemien dismissing a criminal complaint against McQuillen that was based on the ZBA decision for allegedly violating Village of Le Roy code.

In that ruling, Colaiacovo used harsh language to criticize the actions of the petitioners and also said Krzemien was within her authority to dismiss the criminal charges "in the interest of justice." 

He ordered a hearing, scheduled for this morning, on repayment of attorneys fees for the Town of Darien stemming from the Article 78 petition challenging her decision and right to make the decision.

At the hearing this morning, attorney David M. DiMatteo, representing the Town of Darien, said the town and judge were waiving a claim on reimbursement of attorney fees.

After court, DiMatteo explained that the fees expended so far were covered by insurance but if the town were involved in the ongoing appeal, the town could incur expenses that would not be covered by insurance. 

"It's not really our fight," he said.

Amy Kendall, representing Barbeau and the other plaintiffs, confirmed for Colaiacovo that the petitioners' appeal excludes Krzemien and lets stand his ruling that Krzemien acted within her authority as a town justice.

After court Kendall said the appeal is an attempt to enforce the ZBA decision and is focused on those topics of the Article 78 proceeding.

Pete McQuillen and Judith McQuillen were in court this morning as observers.

Previously: Latest court ruling doesn't look like end of long-running neighborhood dispute in Le Roy

Scott J. Hinze, 52, a registered sex offender who lives on West Main Street Road, Batavia, is charged with failure to report a change of address within 10 days -- a felony, and falsifying business records in the first degree, also a felony. On Feb. 11 at about 11:20 p.m. Hinze was arrested after an investigation. He allegedly failed to register his address change as a sex offender within 10 days to the NYS Division of Criminal Justice Sex Offender Registry. Hinze also allegedly falsified a sex offender address change document at the Genesee County Jail in the City of Batavia. He was issued an appearance ticket for Town of Batavia Court and is due there March 4. On the charge of falsifying a business record document at the jail, he was issued an appearance ticket for March 5 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Erik B. Andre.

Aaron L. Heale, 37, of 25 N. Lake Ave., Bergen, was arrested on Feb. 11 by the Le Roy Police Department and charged with one count of criminal possession of a hypodermic instrument, a Class A misdemeanor. The charge comes after a complaint on Feb. 5 from a local car wash that Heale was allegedly slumped over at the wheel of his car in the wash bay. When the Le Roy police found Heale, who is on parole, he was allegedly slumped over at the wheel and awoken by the officers. During the investigation it was alleged that Heale unlawfully possessed the hypodermic syringe inside the vehicle. Heale, who is currently in Genesee County Jail on an alleged parole violation, was issued an appearance ticket and is due in Le Roy Town Court on March 14.

Jeffery J. Williams, 25, of 25 Ravine Ave., Rochester, was arrested on Feb. 10 by the Le Roy Police Department and charged with two counts of petit larceny and three counts of attempted petit larceny. The charges are based from an investigation which started on Nov. 11 when it was reported that numerous vehicles in the Bacon/Pleasant Street area were entered and items allegedly stolen. During the investigation, it was determined that Williams was visiting a person in Le Roy when he allegedly entered at least five different vehicles during the early morning hours, stealing items from two of the vehicles and ransacking three others looking for items to steal. Williams was issued an appearance ticket to be in Le Roy Town Court on March 5.

Le Roy police are responding to a complaint of a dangerous condition at the Royal Apartments, Building #15, at 103 W. Main St. A male is riding around the building on a snowmobile.

A chimney fire is reported at 9420 Warsaw Road, Le Roy.

Le Roy fire along with Bergen dispatched. City of Batavia Fast Team requested to the scene.

The house is charged with smoke and there's fire in the ceiling, according to a chief on scene.

UPDATE 4:29 p.m.: City fire first platoon requested to headquarters.

UPDATE 4:36 p.m.: The fire appears to be out. Checking for extension.

UPDATE 4:54 p.m.: Bergen can go back in service.

UPDATE 5:13 p.m.: Le Roy back in service.

An elderly man who lives on Warsaw Road in Le Roy called dispatch stating he "believes his roof is coming off because he can hear it going up and then sliding back down." A sheriff's deputy just arrived to check on the roof and the welfare of the resident.

The deputy says "The roof is starting to come off." Code enforcement will be called to respond.

Also, in Elba, a tree is down and blocking the roadway on Norton Road between Edgerton and Batavia-Elba Townline roads. Elba Fire Police are called to control traffic.