Silent Muckdogs bats Friday night meant strong performances by Muckdogs pitchers went to waste and Batavia dropped the contest against Mahoning Valley, 2-1.

Starter Ben Holmes and reliever Jacob Smigelski carried a 1-0 shutout into the 7th inning, but Smigelski let the lead slip away and Josh Hodges gave up the deciding run in the ninth.

It was a disappointing loss on a night when 1,532 fans turned out on a night billed as an attempt to break the all-time Batavia attendance record by drawing 3,001 patrons.

Obviously, that didn't happen.

Those who did show up got to see a hard-throwing Holmes, a ninth-round draft choice out of the University of Oregon, strike out seven and scatter three hits over four frames.

Hodges took the loss and his record moves to 1-5 (with six saves) despite a respectable 3.06 ERA.

Catcher Brad Haynal, who returned to the team last night after a 13-game stint with Class A Greensboro, had two hits. Center Fielder Josh Norwood also had two hits.

The same two teams go at it again tonight at Dwyer. Game time, 7:05.

Games, prizes and treats, along with information on safety and health, were all part of the Penny Carnival sponsored by Community Action of Orleans and Genesee today in Austin Park.

By Tim Bojarski for Batavia Downs

Of all the promotions presented during the live harness racing meet at Batavia Downs each year, the Dachshund or “wiener dog” races have become the most popular. Since 2005, thousands of fans have congregated at the fence in front of the grandstand to position themselves for the best view of the starters in each of the carded heats.

This year the wiener dog races will be held Sunday, Aug. 24, during Family Fun Day at Batavia Downs. Sponsored by Genesee Feeds of Batavia, a total of 10 heats will be contested with eight wiener dogs in each race. The first race will begin after the last live harness race of the day, which will be approximately 4:20 p.m.

For the last three years, a fleet-footed flyer named Gordon has won this annual event. But he is not entered in the race this year so his reign as champion is over. Gordon's retirement will be welcome news for the other doggies who will be storming down the home stretch because, with the favorite out of the race, the field is wide open for a new titleholder.

The first 70 dogs entered will receive a canine gift bag courtesy of Genesee Feeds of Batavia. But the dogs won’t be the only winners here; their human counterparts are in line for a nice payoff as well. Each “puprietor” will be eligible to receive some nice prizes if their pet pooch proves prolific.

The owners of each heat winner (10 in all) will receive $25 in gaming free-play. And the winning, second- and third-place owner in the championship final will receive $100, $75 and $50 in gaming free-play, respectively, along with two complimentary clubhouse buffets each.

Besides the wiener dog races, other highlights of the Family Fun Day will include free pony rides from 2-4 p.m. (sponsored by Castilone Chrysler, Dodge and Jeep of Batavia), a bounce house and appearances by the ever popular Pringles the Clown, Mr. Scribbles and Jason the Juggler.

There will be $1 Sahlen’s hot dogs and $1 sodas available from noon until 4 at the concession on the track apron. Cotton Candy and Snow Cones will also be available for $1 all afternoon.

A 12-race card of afternoon harness racing is scheduled on Family Fun Day with the first post slated for 1:15. Admission and parking, as always, are free.

Press release:

On August 20th the City of Batavia Police Department joined by the Genesee County Drug Task Force (comprised of personnel from Batavia PD, LeRoy PD and the Genesee County Sheriff’s Office), Genesee County Sheriff’s Office and K9 unit and New York State Parole participated in the third neighborhood enforcement detail this summer. The purpose of these details is a systematic approach of known problem areas within the City and to target criminal activity.

In total, 11 law enforcement personnel from four different agencies were partnered in a focused enforcement detail in seven separate locations. NET patrols included State Street, Bank Street, Tracy Avenue, Washington Avenue, Jackson Street, Liberty Street, Swan Street, Sumner Avenue, Central Avenue, Pringle Avenue, Watson Street and Maple Street The following are results of this year’s third detail:

• 80 data runs
• 31 vehicle/traffic stops
• 10 traffic tickets issued
• 1 Penal Law Arrest
        -- Munroe, Isaiah J.A., age 24, unlawful possession of marijuana
• 13 parole checks
• 4 parole violations

Neighborhood Enforcement Team (NET) details were outlined in the City’s Strategic Plan as part of the City’s Neighborhood Revitalization efforts. They include dedicated patrols for targeted enforcement with the goal of intercepting and interrupting the flow of illegal drugs, weapons and other contraband as well as locating and arresting wanted persons.

All agencies involved expect to continue joint law enforcement efforts in the future. These details are not advertised prior to taking place and locations are selected based on criminal data, the presence of nuisance and illegal behavior and ongoing investigations.

A motor-vehicle accident with minor injuries is reported in front of 20 S. Main St. City fire and Mercy medics are responding. Fluids are leaking. The location is between Pearl and Walnut streets.

None of it is her fault, former Bergen resident Michele Ann Case told Judge Robert C. Noonan in County Court today during a sentencing on her second grand larceny conviction.

In fact, managers at HomeCare & Hospice, the former employer Case was convicted of stealing from while working as a nurse, concocted the whole scheme against her in order to steal insurance money, she said.

"How could hospice make such a colossal mistake (claiming she broke reimbursement rules)?" Case read from a three-and-a-half page written statement. "Simple, it was no mistake. These rules were new, and used retroactively to make my legitimate paid time into unpaid time in an attempt by hospice to claim I stole from them and in effect steal themselves. They then fraudulently submitted their so called losses to insurance and filed a false report to the police."

Noonan didn't buy any of it.

"I do have a feeling that you see everything through your own little prism of view and that's how you look at it," Noonan said. "You took a nursing job that didn't pan out because other nurses are paid more elsewhere. The detective didn't look at this or look at that ... at some point, you should sit back and look at this the way 24 separate jurors have now looked at it and concluded that you didn't just make mistakes. You stole money."

According to evidence presented at both trials, Case stole more than $14,000 by filing doctored time cards and incorrect mileage logs.

Case's first conviction, in 2012, was overturned on appeal, with the higher court finding that summary sheets tallying the amount of money Case stole was not properly supported by documentation.

In July, Case was convicted a second time by a new jury of grand larceny in the third degree.

District Attorney Lawrence Friedman argued today that rather than re-imposing the five-year probation sentence Case got the first time around, she should be sent to prison.

"She still views herself as a victim in this case and absolutely continues to deny any responsibility," said Friedman in a statement prior to Case getting up to speak. "Your honor, it is our position that she is not an appropriate candidate for probation and that she should receive a sentence of incarceration."

And by incarceration, Friedman meant state prison, stating that local jail time would mean no period of parole after serving her time, making it harder for the county to collect restitution from her. Also, only a state prison term would expose her to programs that might benefit her rehabilitation.

To a degree, Noonan said he agreed with Friedman's position, however, he never discussed a state prison option. He spent more time weighing the differences between a sentence of probation and time in the county jail.

A harsher sentence than the first one, Noonan said, could be perceived as retribution for appealing her prior conviction and winning a new trial; however, Case's violation of probation, failure to make any restitution payments after her first conviction, suggests she's not a good candidate for probation.

Also, having sat through two trials and hearing the evidence twice, Noonan said the mere fact that Case continues to deny any wrongdoing could be a foundation for a harsher sentence.

Noonan, however, doesn't consider Case a threat to return to a life of crime.

He imposed five years probation, and with credit for time served, she is not likely to serve any more jail time if she complies with the terms of probation.

Case now lives in Erie County. Her oldest child is a freshman at a local university and her youngest is a freshman in high school. Her attorney said she has returned to factory work (what she did prior to becoming a nurse) at minimum wage (she said she earned $60,000 annually as a nurse).

Noonan noted that early on in this case, she was offered a disposition that would have allowed her to keep her nursing license, but she rejected it.

Information provided by Batavia Muckdogs Booster Club:

Tonight baseball fans should flock to Dwyer Stadium to be part of a milestone in the history of pro baseball in Genesee County. The goal is to break the ball park's 75-year-old attendance record.

The Muckdogs face the Mahoning Valley Scrappers at 7:05, and one lucky fan could win $3,001!

Fans must register for the drawing at the ballpark but no purchase is necessary. All Muckdogs’ season ticket holders are automatically eligible to win. Tonight will also feature the last post-game fireworks show of the 2014 season.

The first season consisted of six teams in the Pennsylvania/Ontario/New York League (The Pony League): Batavia Clippers, Bradford Bees, Hamilton Red Wings, Jamestown Jaguars, Niagara Falls Rainbows, and the Olean Oilers.

When baseball came to Batavia in 1939, a crowd of 3,000 gathered on May 10 at what was known at the time as State Street Park. They sat in borrowed folding chairs from a funeral home in an outfield behind a snow fence (the actual wood fence hadn't been built yet).

They watched our Clippers lose to the Jaguars, 9-4.

Just before the start of tonight's game, at about 6:45, the Muckdogs Booster Club will be handing out awards to the team's four All Stars. Each one will receive $25 cash; the Booster Club's most popular player will receive $100 cash and a trophy.

There will be one extra award this year. With this being the Diamond Anniversary of professional baseball in Batavia, a special fan will be lauded for decades of attendance and going the extra mile to help keep baseball here.

Snapple is tonight's sponsor and free Snapple beverage samples will on hand and there will be a T-shirt toss!

The Launch-a-Ball game will be presented by the Hillside Family of Agencies.

Game tickets can be purchased at the Dwyer Stadium Box Office or over the phone by calling (585) 343-5454. Normal box office hours are 9 a.m. to 5 p.m. Monday -- Friday.

Adorable 1 owner cape 15 years young! This well kept three bedroom 1 and a half bath home has been lovingly cared for and shows great! All rooms are good size with lots of storage space. Main floor features large wide open floor plan perfect for entertaining. Sliding glass doors that lead to fun covered patio which overlooks pool and super cute and fenced in back yard with shed and nice landscaping. Basement is built extra high and is very dry perfect and ready to be finished off for more living space if needed! Home is in nice area of newer homes and requires NO FLOOD INSURANCE!!

Under supervision of instructor Marty Bryant, students in the Iroquois Job Corps program are setting brick for new bathrooms near Pavilion #1 at the DeWitt Recreation Area.

The foundation was poured by students a few weeks ago and once the students in the masonry program complete the brick walls, carpentry students will frame the doors and install the roof.

The 20-week course helps provide students with a trade that will lead to eventual employment, Bryant said. 

"Something like this is good for everybody," he said.

Real-world projects such as this, which can only be nonprofit for the Job Corps to take on, are hard to come by, Bryant said, but they're invaluable.  

Genesee County Parks Supervisor Paul Osborn said the project is part of the overall master plan for DeWitt and is funded through a capital project budget item approved by the county Legislature in 2013. 

County staff will install electric, water and sewer.

Students on site yesterday were Kyle Porter, from Brooklyn, William Ortiz, Camden, N.J., Michel'le Blue, Utica, Richard Orogeroy, New York, and Frank Hatchet, Williamsborough, N.J.

The following people were arrested during the Linkin Park concert at Darien Lake Performing Arts Center on Thursday.

Joseph T. Roth, 19, of North Marion Street, North Tonawanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Dalton T. Carroll, 19, of Wheatfield Street, North Tonawanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Nancy Jo Sabourin, 54, of Henderson Avenue, Tonawanda, is charged with felony DWI (two previous convictions within 10 years) and felony driving with a BAC of .18 or greater. Sabourin was stopped at 10:24 p.m. Thursday in the Darien Lake driveway by Deputy Joseph Corona.

Sherika Kendra Dixon, 21, of Franklyn Avenue, Kingston, Jamaica, is charged with petit larceny. Dixon is accused of shoplifting from Kmart.

Washington Post: After Foley killing, U.S. defends refusal to pay ransom to terrorist groups that kidnap

Billie and I are celebrating our 21st anniversary today. We'll be away from computers and scanners for a few hours.

We're going to see Nik Wallenda at Darien Lake -- a show I highly recommend (pictures here). We're also going out to dinner.

I've asked a couple of people who would be in a position to know to text me if anything big comes up, but hopefully everything will be nice and quiet for the rest of the day.

Two witnesses in a hearing related to the Frost Ridge lawsuits testified today that a key document was filed with the Town of Le Roy months before an April 8 statute of limitations date that is part of the dispute over live music at the campground.

It's all more complicated than even that convoluted sentence, however.

The hearing wasn't even completed today. Judge Robert C. Noonan was scheduled to hear a case in Rochester at 2 p.m. and with at least one more witness scheduled to be called, continued the hearing to 10:15 a.m., Tuesday.

Before adjourning, Noonan continued the stay of his temporary restraining order barring live music at Frost Ridge, which means that the Phil Vassar concert scheduled for Saturday will go on as planned.

The concert is a fundraiser for the Golisano Children's Hospital.

Vassar has said Frost Ridge is one of his favorite places to play and asked to be included in this season's line-up.

The hearing was limited to two motions under consideration by Noonan: 

• Whether the statute of limitations for challenging a ZBA determination that nonconforming uses at Frost Ridge, contrary to current zoning law, were "grandfathered in," and,
• Whether there is what is known as a "jurisdictional defect" in the ZBA's determination.

The key document relevant to the statute of limitations motions is the Zoning Board of Appeals minutes from its Sept. 25, 2013 meeting.

At dispute is whether the minutes were filed with the town before April 8. 

If the minutes were filed before April 8, that would mean one of both lawsuits were filed after the statutory period for challenging a zoning board's determinations.

But, did the ZBA under the circumstances of Sept. 25 have the authority to make that determination, which is something the attorney for the Cleere/Collins side of the suit is challenging.

Noonan's eventual ruling on these motions could either allow one or both lawsuits against Frost Ridge to go forward, and perhaps to trial, or determine whether one or both will be dismissed. 

Frost Ridge and the campground's owners Greg and David Luetticke-Archbell are being sued by the Town of Le Roy and Frost Ridge neighbors, the families of Cleere and Collins (who are related to the original Frost Ridge owners). Cleere/Collins is also suing the ZBA.

First to testify was Town Clerk Patricia Canfield.

There is much about when the minutes were first publicly available that Canfield can't remember.

She testified that as standard and permissible procedure, the ZBA minutes are kept in a file in the office of Jeff Steinbrenner, zoning and code enforcement officer for the Town of Le Roy.

She couldn't recall with certainty when she first had reason to retrieve the Sept. 25 minutes from the file, but said they were requested more than once through various Freedom of Information Requests, including requests by Marny Cleere.

Canfield said Cleere filed more than five FOIL requests, but not more than 10, and she couldn't remember if the one requesting ZBA minutes came in 2013 or 2014.

She couldn't remember if any of the other FOIL requests for the minutes came in 2013.

Under questioning from Noonan, Canfield said most FOIL requests are written, though she accepts verbal requests. Written requests are kept on file, she said, but there was no indication that any written FOIL requests were in court today.

As for the ZBA hearing itself, Canfield testified that if there was a public notice published of a meeting to discuss Frost Ridge's non-conforming use, she would have known about it, and she said she was unaware of any such publication.

David Roach, the Frost Ridge attorney, also called Steinbrenner as an "adverse witness."

Steinbrenner was also questioned by attorney Karl Essler, representing the ZBA.

Under questioning from Essler, Steinbrenner said that once the minutes from a meeting were approved at a subsequent meeting, he would place those minutes in his file.

He agreed that the Sept. 25 minutes were approved by the ZBA board at its Oct. 22 meeting and that he probably filed the minutes that night or the next morning.

As for the meaning of the minutes, Steinbrenner danced around the issue, often skirting direct questions.

He said he didn't recall live music being discussed as a prior nonconforming use at the Sept. 25 meeting.

Roach and Steinbrenner wrangled over the course of several questions whether an e-mail Steinbrenner sent to Frost Ridge in August 2013 was meant to put them on notice that a long list of alleged zoning violations included live music.

Mindy Zoghlin, attorney for Cleere Collins, when cross-examining Steinbrenner, read off a list of alleged zoning violations related to roadways and the placement and setbacks of campsites. 

While never explicitly stated, the clear implication of the line of questioning is an attempt by the plaintiff's side to establish that the ZBA ruling, if valid, was limited to land use issues and the ZBA didn't at all consider, nor was it asked to consider, whether live music is grandfathered in.

"When we first started with Frost Ridge about this, we saw two aspects to it," Steinbrenner said. "There was a need for special use permit for the campsites and one for concerts. At the time, we decided to go after the campground sites at Frost Ridge and the go after the concerts once they were up to compliance and in code."

Steinbrenner's August e-mail twice uses the word "etc." when referring to the alleged zoning violations.

When Roach would ask in various ways whether "etc." includes live music, Steinbrenner repeatedly deflected the question by staying he was merely forwarding what Town Supervisor Steve Barbeau had said was discussed at a prior town board meeting (which Steinbrenner didn't attend).

Under questioning from Roach, Steinbrenner admitted that he had verbally told David and Greg that live music shows were a possible zoning violation.

The third and final person to testify today was Debra Jackett, chairwoman of the ZBA.

Jackett testified that the board approved its minutes from the Sept. 25 meeting at its Oct. 22 meeting and that Steinbrenner received a copy of the minutes at that time, and she considered them filed with the town at that time.

Zoghlin asked several questions related to public notification of hearings and filing of notices and Jackett answered each time that it wasn't the board's job to deal with notices and outside communications.

"Our only job is to show up at meetings and make decisions," she said.

Over the repeated objections of Roach (each overruled by Noonan), Zoghlin kept asking about what happened at a ZBA meeting in 1998. 

Jackett was a member of the board in 1998, when the ZBA issued a determination that Frost Ridge was grandfathered in as a campground, even though it was an agriculture/residential area.

The meeting was 16 years ago, Jackett said, and she couldn't remember specifics about the meeting, but Zoghlin persisted.

"If you're going to ask me what I said 16 years ago, I'm going to tell you, I don't recall," Jackett said at one point.

Roach objected to the line of questioning because it's his contention that what happened at the meeting in 1998 isn't material to the plaintiff's motion that the ZBA decision of 2013 suffers from a "jurisdictional defect."

Another ZBA board member is expected to testify Tuesday. Noonan's ruling on the motions will come some time later.

Stopped by La Mexicana on Monday, the little bodega in the Valu Plaza, to see the status of a K-12 school supply drive.

It's sponsored by La Mexicana, Inc., The KinderArt Klub, and Batavia resident Jill Hart, an agent of RealtyUSA.

They've got two or three folding tables stacked with basic items and some filled boxes underneath, but needs are many and these won't go far.

Here's a list of items they could use more of:

• Regular lined notebook paper
• Pencils
• Black and blue ink pens
• BACKPACKS
• Individually packaged snacks
• Three-ring binders
• Manila dividers with subject tabs
• Plastic pencil pouches for three-ring binders
• Little Kleenex packets
• Crayons
• SCISSORS
• Pencil sharpeners

Of course, any and all new or like-new school supplies will be greatly appreciated.

Regular store hours are noon to 6 p.m., closed Tuesdays, and Sunday noon to 5 p.m.

The supplies will be organized and a school supply store will be set up where parents can shop for free. The shopping days are set for Wednesday, Aug. 27, through Thursday, Aug. 28, from 12 to 6 p.m. at La Mexicana, 4125 W. Main St.

If you have questions, please contact Danielle at 813-2891 or e-mail at <daniellerenea9@gmail.com>

Laura Anne Costa, 20, of Jewett Parkway, Buffalo, is charged with criminal impersonation, 2nd, and criminal possession of stolen property, 5th. Costa allegedly used another person's lost NYS driver's license as identification while being arrested on a trespass charged during a concert at Darien Lake on Aug. 16. The other person was subsequently identified in a news release as a person arrested at the concert, leading to the discovery of the alleged criminal impersonation.

Kodey R. Mills, 21, of Myrtle Street, Le Roy, is charged with unlawful possession of marijuana. Mills was stopped by Le Roy PD on Monday and allegedly found in possession of marijuana.

Robert Holland Cokely, 26, of Merrill Road, Byron, is charged with DWI, refusal to take breath test, speeding, driving left of pavement markings and no/inadequate plate lamp. Cokely was stopped at 11:32 p.m. Wednesday on East Main Street, Byron, by Deputy Joseph Corona.

Scott R. Booth Jr., 23, of Attica, is charged with petit larceny. Booth is accused of shoplifting from Walmart.

Andrea Baccas, 19, and Nellisia Pryce, 20, both of Jamaica, are charged with petit larceny. Baccas and Pryce are accused of shoplifting from Walmart. Both were jailed on $250 cash bail or $500 bond each.

Rebecca J. Cornell, 39, of Sand Hill Road, Caledonia, is charged with petit larceny. Cornell is accused of stealing clothing items from a store in the Village of Le Roy. Surveillance video was used to identify the suspect vehicle and the suspect and make an arrest.

The city has announced road closures tomorrow for roadway resurfacing. Residents are asked not to park on the street and to avoid the roads as a travel route. The streets will be closed from 7 a.m. to 5 p.m.

Closed are:

• Bank Street from Douglas to the city line
• Sumner Street
• Denio Street

Sports Illustrated: Mo'ne Davis, Taney take center stage at Little League World Series
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There's a few story lines we could take with Le Roy football for the 2014 season.

The return of starters Mike McMullen at QB and Ryan McQuillen at receiver. A team coming off a 7-1 season but a need to avenge a disappointing OT loss in the Class C sectional final. The expectations on a team with a storied tradition that has a lot of tools, but will be relying on young offensive and defensive lines.

And then there is the final season of Head Coach Brian Moran, in search of his 200th victory, a possible 14th sectional title and -- dare we say it -- a second state title in 26 years at the helm.

The story line Moran has the least interest in, his final season.

"We don't really worry about the final year," Moran said. "We just come out and prepare these kids as best we can. Whether it's your first year or last year, we just want to focus and coach kids up best we can."

Starting with McMullen and McQuillen, the Oatkan-Knights do have some key starters returning, and all of them are guys that are in their third or fourth years on varsity, such as Jon Pierce, Jake Henry, Tom Kelso, Nick Egeling and Kody Lamkin.

That's a lot of talent on a team that we know will be well coached. Is it unfair to have high expectations?

Moran won't go there.

"Every year you come in, you expect to be successful," Moran said. "That's the first thing. Hopefully, we can get ourselves better and compete for a championship again. That will be interesting to see, but it will be up to how the kids perform and how they work together."

Much will depend on the big men up front.

"We're a little inexperienced up front and you're only as good as you play offensively and defensively on the line," Moran said. "Those kids are going to have to really focus and get themselves ready."

One thing's for sure, if history is any indication, Moran and his staff will do everything they can to prepare this team to compete at a high level. Coach's last year, or not.