Andrew Kosiorek

The man who broke into a local Mexican restaurant twice in a single night with the intention of stealing from the business in January will serve from two to six years in state prison, Judge Charles Zambito ruled in County Court this afternoon.

The attorney for Andrew Kosiorek, 44, argued that given his client's troubled background with no real chance at reform, a shorter prison term with community-based assistance might be appropriate.

But Zambito said when looking at Kosiorek's lengthy criminal record -- three stints in prison, five in jail, and several violations of either parole or probation, he has had a chance to overcome his background.

Attorney Jamie Welch said Kosiorek was put into foster care at a young age, probably because his parents were drug users, and that Kosiorek has been an addict his entire life.  

Kosiorek, who admitted to a single count of burglary, 3rd, said he started using drugs when he was 12.

Welch said Kosiorek broke into Rancho Viejo on Ellicott Street only because he was drunk and high at the time.

"Since he was a young man, his issues with substance abuse have never really been addressed," Welch said.

Kosiorek said he accepted full responsibility for his actions.

"I would like to get help," Kosiorek said. "I'm too old to keep doing the things I'm doing."

Zambito agreed that Kosiorek got a poor start in life, but as an adult, there's no doubt he's had plenty of opportunities to address his addictions and he hasn't done it. He also said if he really wants to address those issues, there are opportunities in prison.

A Brockport woman has been charged with offering a false instrument for filing in connection with a motor-vehicle accident where she allegedly gave false information about another vehicle hitting a pedestrian on Route 33 in Stafford.

Katelyn Marie Brown, 23, of Falling Leaf Trail, Brockport, is accused of saying a silver SUV struck the pedestrian at 3:21 p.m., March 19.

Brown allegedly told deputies that a silver SUV had been driving in front of her and struck the pedestrian before leaving the scene.

There's no evidence a silver SUV was involved in the accident.

Brown had previously been issued citations for alleged aggravated unlicensed operation, 2nd, failure to use due care and caution for a pedestrian, and moving from lane unsafely. 

The accident was investigated by investigators Chad Minuto and Joseph Graff.

     Nicole Sullivan

A 31-year-old resident of Wyoming has been arrested and accused making up information about a car-tree accident at 2:35 a.m., June 10, on Fargo Road, Stafford, where a disabled passenger was seriously injured.

Nicole Kimberly Sullivan, 31, of North Main Street, Wyoming, is charged with assault, 2nd, endangering the welfare of an incompetent or physically disabled person, falsely reporting an incident, and operator leaving the scene of an accident with injuries. 

Sheriff's Office investigators say that following the accident, Sullivan was the actual driver of the vehicle, even though she initially told responders that the driver had left the scene. Firefighters and deputies then conducted an extensive search of the area for the possible driver, both to locate the driver and out of concern that the driver could be injured.

Later that morning, Sullivan admitted to deputies that she was the driver of the vehicle.

The passenger, Zachery W. Schwarts, 20, was transported by Mercy Flight to Strong Memorial Hospital.

Investigator Joseph Graff and Deputy Eric Meyer, who assisted in the investigation, assert that Sullivan failed to report the accident as soon as she was physically able to do so and that she failed to make timely notification of the need for medical assistance for the injured passenger.

Sullivan was also issued citations for driving left of pavement markings, unlicensed operator, aggravated unlicensed operation, 3rd, failure to notify DMV of address change, no seat belt, and unregistered motor vehicle.

Also assisting in the investigation, Sgt. John Baiocco.

Top Photo: File photo.

The board of directors for the Soil and Water Conservation District has improved how it handles financial transactions following an audit by the NYS Comptroller's Office, according to a report released by the office.

The audit found deficiencies in the board's oversight for ensuring all revenue received was recorded with a receipt and that disbursements of payments were also properly recorded.

Starting Feb. 8, the board examines each claim (either a bill or invoice) and matches it to the proper abstract to determine its legitimacy and correctness, said Board ChairnShelly Stein, in a report sent back to the comptroller's office.

While auditors found no evidence of missing or mishandled funds, the audit report said the lack of detailed oversight by the board "creates a risk that payments may not be for appropriate purposes."

Auditors reviewed cash receipts totaling $947,000 and 170 nonpayroll cash disbursements totaling $227,000.

Kayla Simone Foster, 27, of Brunswick Boulevard, Buffalo, is charged with DWI, driving with a BAC of .18 or greater, reckless driving, speeding, and failure to keep right. Foster was allegedly observed driving in the wrong lane in excess of 55 mph at 11:52 p.m., Friday, on Route 33, Byron. Foster was stopped by Deputy Eric Meyer and also charged with tinted windows, failure to attach registration, and failure to notify DMV of change of address.

Cristina Gabriele Vella, 24, of Pat Street, Rochester, is charged with unlawful possession of marijuana and speeding. Vella was charged following a traffic stop at 6:47 p.m. Saturday on Route 77, Pembroke, by Deputy Micheal Lute. Also charged with unlawful possession of marijuana was Nicholas Joseph Niedbala, 25, of Manitoba Woods Lane, Spencerport.

An employee at the Econolodge in Pembroke told dispatchers she had to lock herself in a closet because of the conduct of a person in the lobby.

The activity was described as "unwanted advances" by the female guest. 

The woman has apparently left the front desk area now, but the caller reports she kept repeating the phrase "the angels are with us."

She also reportedly "destroyed" the front desk area.

It's not known what room she is staying in.

Law enforcement is responding.

UPDATE 6:28 a.m.: The female has been located in front of the Flying J.

A motor-vehicle accident, with one person "possibly injured," is reported on the eastbound Thruway at mile marker 402.5. A car struck a wall. It is blocking both lanes of traffic on top of the Route 5 overpass bridge of the Thruway. Pembroke and Indian Falls fire departments are responding along with Mercy medics.

UPDATE 4:18 a.m.: A male is out and walking around. His vehicle has heavy front-end damage and there was air-bag deployment. State troopers are responding.

UPDATE 4:24 a.m.: "We're being told the driver left the scene," says a first responder. About 200 feet of the guard rail on top of the bridge is down and the Thruway Authority is being notified of this. The left (inside) lane of traffic is flowing smoothly, but the other lane remains blocked.

UPDATE 4:44 a.m.: The male at the scene has minor injuries and is being transported to UMMC. The Pembroke and Indian Falls assignment is back in service.

The Easter Bunny paid a visit to Foxprowl today. Owner Bill Hume sent in these pictures.

Reader submitted photos.

Brad Lamie and Kyle Palmer are putting the full meaning of full service back into the full-service gas station they took over at 100 W. Main St., Le Roy.

The station, now known as Le Roy Express, was full service before, but since buying the business, they've gone beyond just pumping gas for customers to also cleaning windows and checking oil, if needed, just like the old days of the gas station business.

"I think (full service) is what draws people, especially in the winter," Palmer said. "Nobody wants to get out of their cars and pump gas."

Lamie, from Elba, and Palmer, from Pavilion, have been spiffing up the business, which includes a car wash, and have even invested in matching shirts for themselves and employees (though not for the Easter Bunny, who paid a visit today).

The duo met while working together at Townsend Oil in Le Roy and when their boss decided to sell his gas station, they saw it as an opportunity to go into business for themselves.

"We've both always wanted to buy a gas station and this became available so we jumped on it," Lamie said.

A house becomes a home when it's filled with love, Pastor Vern Saile reminded the Odom family today during the dedication of their Habitat for Humanity restored house on State Street, Batavia.

"The Bible says unless the Lord builds the house, its builders labor in vain," Saile said. "I know the Lord has been building this house. ... I know much of the Lord’s love has been in every nail that’s been pounded into the wall and every board that’s been put up and everything that’s been painted and sanded and cleaned."

The Odoms -- Brandon, Tiffany, Madden, 9, and Maleeya, 1 -- expressed gratitude for their new home and Brandon said he will never forget the volunteers who helped with the project over the past 11 months while he put in 500 hours of labor into the project. He won't forget, he said, restoring the hardwood floor upstairs or putting in the tile of the backsplash in the kitchen.

"Brandon was meticulous in his work," said Jaylene Smith Kilner, executive director of Genesee County Habitat for Humanity. 

P.J. Riner, construction director, got a little choked up talking about the Odom family and Brandon's dedication to the project.

"He’s worked very, very hard," Riner said. "He’s been a joy to work with and I’m confident he’s going to be a key part of this community for a long time."

Brandon has worked at Home Depot for nine years and is a part-time as a bus driver.

For his part, Madden couldn't wait to show off his new bedroom to visitors following the dedication ceremony.

One of the next potential projects for Habitat, said Board President Lauren Casey, is the restoration of a house on Bloomingdale Road, Basom. The project is awaiting applicants from potential homeowners who qualify for a Habitat home.

Part of the tradition of a Habitat home dedication are symbolic gifts: bread, so the new owners may never know hunger; sugar, so the home is always sweet; light, so that the home never knows darkness; flowers, to fill the home with beauty; and, a Bible, so there is always a blessing on the house.

Lauren Casey

The proverbial “cupboard” is bare.

That’s the view of City Manager Jason Molino, who, in a letter dated April 10, 2017 and obtained by The Batavian in a FOIL request, indicated to the president of the Mall Merchants Association that the group has run out of money.

“Aside from prior year concerns, the Association’s cash position for the current fiscal year is at a deficit,” Molino wrote. “On April 5^th, the City recorded a payroll and payroll taxes transfer for the Association in the amount of $3,285.43. However, mail maintenance fees and revenue to date have only totaled $2,170.67. Therefore, the current cash position for the Association is a deficit of $1,114.76.”

The prior year concerns referred to by Molino are what he estimates as $18,000 in attorney fees and material costs expected to come in for February and March of this year.

“The estimate was based on prior year expenditures and the average of material costs from November through January,” he wrote.

Molino went on to state that the City needs cost summaries for services provided in February and March before it can complete its pre-audit preparation work and “make final payments with remaining cash balances for the prior year.”

Per the 1987 Settlement Agreement between the City and the Mall Merchants Association, the City is required to maintain all Association billing and accounting activities, with the Association’s funds subject to the City’s annual audit.

Molino’s letter paints a bleak picture in terms of the Association’s finances, and could further complicate the parties’ quest to ratify a proposed 11-point settlement framework released to the public in February.

At that time, Molino outlined a “settlement framework” for the City and Mall Merchants Association to end their lengthy dispute over maintenance and operation of the City Centre Mall.

That proposal calls for the City to retain ownership of the downtown facility's concourse, pay 100 percent of capital improvements and take care of mall maintenance and operations.

City Council signed off on the plan and expected the merchants to do the same.

Since then, an attorney for the merchants said the Association would not be agreeing to any settlement that didn’t grant easements for pedestrian and vehicle traffic for each property owner in the mall, and also accused the city of trying to force a settlement by “hoarding” nine foreclosed properties and refusing to pay maintenance fees.

Robert Chiarmonte, president of the Mall Merchants Association, reportedly is out of the area until Tuesday and could not be reached for comment.

However, Madeline Bialkowski, director of the mall, said today that Molino is misrepresenting the Association’s account by exaggerating the attorney fees and material costs for February and March.

“All of our actual bills are supposed to be turned in by next week, and we are asking our attorneys to get us their billing,” she said. “Actual bills will be much less than estimated. There won’t be a deficit once these bills come in.”

Bialkowski added some merchants have made their mall maintenance fees’ payment in advance and that she and her staff of three part-time employees are being paid.

According to documents obtained by The Batavian last month through a FOIL request, the merchants have paid their attorneys $212,056 since starting the litigation against the city in 2009.

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Sath Paul Dhanda, 37, of Clapsaddle Road, Bethany, is charged with two counts of obstructing governmental administration, criminal contempt, 2nd, and two counts of harassment, 2nd. Dhanda allegedly violated an order of protection. He is accused of spitting on and kicking the arresting officer, Officer Pete Flanagan. He was jailed on $5,000 bail or $10,000 cash.

Quentin L. Gibson, 32, of Glendale Drive, Lockport, is charged with DWI, aggravated unlicensed operation, no headlights, and obstructed view. Gibson was stopped at 11:47 p.m., April 7, on West Main Street, Batavia, by Officer Eric Foels.

Tyler D. Price, 24, no permanent address, was arrested for alleged failure to appear on a ticket.

Emily J. Walker, 24, of Sherman Stedman Road, Sherman Town, was arrested on a warrant. Walker allegedly violated terms of Drug Court. She was jailed on $100,000 bail.

Blake Riley Pahuta, 19, of Alleghany Road, Corfu, is charged with unlawful possession of marijuana and improper right turn at an intersection. Pahuta was stopped at 12:28 a.m., Thursday, on South Main Street, Batavia, by Officer Jason Ivison.

Terry Lee Lamere, 52, of Buffalo Road, Bergen, was arrested on a warrant for alleged failure to appear. 

Donald C. Hale, 58, of Townline Road, Byron, criminal contempt, 2nd, turned himself in to police in connection with an investigation into his alleged attempt to contact a protected person.

Brandon J. March, 32, of South Main Street, Batavia, is charged with unlawful possession of marijuana. March was allegedly found in possession of marijuana at 7:46 a.m., March 31, at a location on Cone Street, Batavia, by Officer Frank Klimjack.

Joseph M. Marranco Jr., 46, of Pringle Avenue, Batavia, is charged with petit larceny. Marranco allegedly stole prescription pills from another person. He was jailed on $5,000 bail, $10,000 bond.

A 17-year-old resident of Holland Avenue was arrested on a warrant and jailed on $2,500 bail.

Aaron M. Talbot, 35, of Pearl Street, Batavia, is charged with menacing, 2nd, harassment, 2nd, and criminal possession of a weapon, 4th. Talbot was allegedly involved in a fight at 5:50 a.m., April 4, in which he struck another person and displayed a knife.

Press release:

Raymond F. Cianfrini, attorney, announces that he will be retiring from the practice of law effective May 1. Clients, friends and colleagues are invited to an open house at his office at 31 Main St., Oakfield, from 3 to 5 p.m. on Friday, April 28.

Cianfrini, who has been engaged in the general practice of law in Oakfield since 1972, recently reflected in a letter to clients:

“When I began my law practice in 1972, I never imagined that I would still be in Oakfield 45 years later doing what I enjoy. I have always considered it an honor when clients put their trust in me to assist them in resolving their legal matters. I would like to thank you for your confidence in me over the years. It has been a pleasure to assist you.”

DelPlato Casey Law Firm LLP (Attorneys Michael A. DelPlato and Peter M. Casey) will continue to serve Cianfrini’s clients at the office location at 31 Main St., Oakfield.

Press release:

The next START-UP Genesee Think and Drink event will take place at Genesee Community College (GCC) featuring small business resources and access to capital specialists. The FREE event is the fourth of series of networking opportunities for entrepreneurs and small business professionals. The event hosted by GCC will take place in Room T119 from 5 to 7 p.m. on Thursday, April 20.

The program will include remarks by the following:

• Barb Shine, a leadership development trainer and serial entrepreneur. Shine will offer highlights of GCC’s upcoming Small Business Ownership Series, a program recommended for all entrepreneurs as well as current managers of small business.
• Peter M. Casey, Esq., who is a START-UP Genesee sponsor and partner at DelPlato Casey Law LLP and Batavia Development Corporation Board officer, will address legal considerations when starting a business.
• Leanna DiRisio, The Hidden Door owner, and Sam Campanella, certified business adviser for the Small Business Development Center, will share their stories about starting and growing a business.

“The course was intentionally designed for the busy self-starter who might be wondering where to begin or for the early stage operator needing a little more guidance,” Shine said. “Our goal is to shape an action plan for your business initiative.”

“It’s vital to consider the business structure as you enter a venture and equally critical to protect your assets,” said Casey.

Representatives from local banking institutions will be on hand and other creative lending sources will be on display.

START-UP Genesee is intended to assist all types of businesses from early stage planning to site selection, access to capital and product development or diversification.

The Think and Drink series is sponsored by:

• Canandaigua National Bank
• Tompkins Bank of Castile Insurance Agencies
• Feed Maxick CPAs
• Merrill Lynch of Batavia
• University at Buffalo New York State Center of Excellence in Bioinformatics, Life Sciences and Material Informatic
• Del Plato Casey LLP