Photos by Tom Rivers, Orleans Hub.

Batavia and Notre Dame will meet in the mock trials finals tomorrow after securing victories in the semifinals Monday evening in the Orleans County Courthouse.

Batavia went 2-0, 113 points to 110 points, against Attica. Notre Dame was 1-1, but with 109 points to 106 points against Avon.

In the top photo, Dylan Beckman serves as an attorney for the team from Batavia and questions a witness.

Amanda Conrad, a witness for Attica, responds to questioning from Becca Canale, an attorney for Batavia.

Becca Canale was one of the attorneys for Batavia. She presents her closing argument to Chad Murray, the judge for the competition.

Madhu Vihani, a lawyer for the Attica team, presents documents to the team from Batavia.

Nic Culver, of Medina, a freshman at Notre Dame, was a witness for his team.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) said today that Upstate economic development would be the best option for the state’s $610 million surplus, obtained as result of a recent bank settlement. Hawley criticized Gov. Cuomo’s proposed Upstate Revitalization Fund for pitting communities against each other and said surplus funding should be appropriated in a more equitable fashion.

“The surplus would best serve the people of this state by promoting economic revitalization in Upstate New York,” Hawley said. “The governor’s competition plan is a misguided approach that pits communities against each other and creates three winners and four losers. By splitting this money evenly among the seven regions or combining it with the governor’s plan, we could ensure that more regions see tangible economic development. The state’s financial investments in businesses and local projects over the past several years have been hugely beneficial, especially in the rural areas of my district. This surplus funding should be invested back into Upstate communities and support projects that will attract new businesses and jobs to many struggling areas of the state.”

Hawley’s comments come after a press release issued by the New York State Department of Financial Services revealed that Commerzbank has paid a $610 million fine to New York State as part of a punitive package for financial and accountability crimes.

Press release shared by Genesee County Emergency Services:

With the start of spring and warmer temperatures expected, the state Department of Environmental Conservation (DEC) reminds New Yorkers that residential brush burning in towns with less than 20,000 residents is prohibited in the state through May 14.

"Along with the milder temperatures that come with spring, the risk for wildfires also increases," DEC Commissioner Joe Martens said. "New York prohibits residential burning during the high-risk fire season to reduce the number of wildfires and protect people, property and natural resources. Since being enacted in 2009, the ban has been very effective in reducing the number of wildfires, and we want people to be aware that they need to put safety first."

Open burning of debris is the largest single cause of spring wildfires in the state. When temperatures are warmer and grasses and leaves dry out, wildfires can start and spread easily and be further fueled by winds and the lack of green vegetation.

New York has had strict restrictions on open burning since 2009 to help prevent wildfires and reduce emissions. The regulations allow residential brush fires in towns during most of the year, but prohibit such burning in spring months -- March 16 through May 15 -- when most wildfires occur. Campfires using charcoal or untreated wood are allowed, but people should never leave such fires unattended and must extinguish them. Burning garbage or leaves is prohibited year-round.

In the five-year period since the ban was enacted, the average number of spring fires per year decreased by 43.2 percent, from 3,297 in 2009 to 1,425 to 2014.

Violators of the open burning state regulation are subject to both criminal and civil enforcement actions, with a minimum fine of $500 for a first offense. To report environmental law violations call 1-844-DEC-ECOS (1-844-332-3267) or report online on DEC's Web site.

Some towns, primarily in and around the Adirondack Park and Catskill Park, are designated "fire towns," and open burning is prohibited year-round in these municipalities unless an individual or group has a written permit from DEC. To find out whether a municipality is designated a "fire town" or to obtain a permit, contact the appropriate DEC regional office. A list of regional offices is available on DEC's Web site.

New City Court Judge:
By unanimous vote Monday night, the City Council selected local attorney Durin Rogers to become the new City Court judge.

Rogers is Deputy County Attorney, is active in the Genesee County Bar Association, and a graduate of Cleveland-Marshall College of Law and the University of Florida.

He replaces Michael Del Plato, who resigned effective the end of his six-year term.

Memorial Day Parade:
Plans are coming together for the city's Memorial Day Parade with a couple of new twists for 2015.

The committee is planning on changing the parade route so the procession comes further west on Main Street and turns north on Bank Street, with the parade ending at the War Memorial. Marching bands would enter with drum taps sounding only, which Rose Mary Christian described as a solemn, moving remembrance.  

There will also be a request for parade participants not to toss candy to children. There's concern throwing candy is more festive than respectful of those who have made the ultimate sacrifice on behalf of their country.

A small platoon of volunteers could deal with the army of stray cats in Batavia, the City Council was told during a long discussion of the issue Monday night.

Three representatives of the pro bono animal program at the SUNY Buffalo Law School recommend a trap, neuter, vaccinate and return program that they say has been successful elsewhere, even in small towns in Western New York.

West Seneca provides an example, said Joseph Smith, a law student working with the pro bono program. That community instituted TNVR and it made a huge difference.

"You can have as fast as a year turnaround," Smith said. "You can get direct results and significant results within a year."

The results include fewer nuisances from cats and fewer stray cats.

Problem cats fall into two categories -- community cats, which are cats who were once domesticated, but somehow became ownerless, and feral cats, which are cats born to a homeless cat and never domesticated.

Smith, along with fellow student Nicole Komin and Vice Dean Kim Diana Connolly, outlined the program's benefits, especially when compared to alternatives.

Stray cats will always be with you, both Smith and Komin emphasized. If you try to capture them and keep them, they'll overwhelm any such system. If you try to kill them, other strays will just move into the territory.

Cats tend to go where they can get food and shelter, be it a cat lover who feeds them, scraps from a restaurant or plentiful prey. If all the cats are removed from an area of food and shelter, other cats will just take their place.

TNVR solves that problem by returning non-breeding cats to those their former haunts.

Once fixed, cats fight less, howl less and spray less, making them much less of a neighborhood nuisance.

And if you can eliminate the breeders, there are fewer feral cats and eventually fewer community cats. They never disappear from a community, but over time, their numbers are greatly reduced.

The life expectancy of a homeless cat is seven or eight years.

Assistant City Manager Gretchen DiFante invited Smith, Komin and Connolly to speak with the council because she's been tasked with coming up with a program to deal with stray and feral cats.

Council members expressed an interest in learning more and supporting a task force to study the proposal further. 

Such a program could be implemented at no cost to the city because there are volunteer and community groups that can be tapped to help set up the program and take care of the task of trapping cats and getting them neutered and vaccinated before they're returned to the location where they're trapped.

Cats who have been through the program get a notched ear so they're identifiable as neutered, and once released, they've learned about the trap and will never allow themselves to be captured that way again, Smith said.

Mercy Flight #5 is called to Drake Street Road is Elba to transport an 80-year-old man with a broken leg. He fell off the ladder from the height of a one-story roof. Elba fire and Mercy medics are on scene. Firefighters will be establishing a landing zone. The location is between the Elba Village line and Weatherwax Road.

Answer this question later today on the smartphone app Reacht for a chance to win a $5 gift certificate from Southside Deli. To download Reacht on your smartphone, click here

A Batavia-based medical business has piled up a long list of financial woes, according to public documents obtained by The Batavian.

There are mechanics liens, money judgments, property seizures and demands for back pay to employees against Advanced Imaging, 35 Batavia City Center, Batavia.

The current owner even has pending criminal charges against him for allegedly issuing bad checks.

All told, the pile of debt exceeds $1.3 million.

Advanced Imaging was once owned by Dr. Mitchell Chess, and it's uncertain which if any of the debts were accumulated during his ownership tenure, during the tenure of Mark Zdrojewski, or both.

Attempts to contact Chess and Zdrojewski were unsuccessful.

Zdrojewski has been charged with issuing a bad check at least four times, both to a local contractor and to an employee.

The Department of Labor investigated complaints of unpaid wages to employees and concluded, according to a letter sent to one of the employees, "We have found that your employer owes wages and/or fringe benefits to one or more current or former employees."

As a result, the department issued a formal "order to comply," demanding payment to employees.

Zdrojewski still has time to appeal the ruling.

Former employees also complained that Zdrojewski took checks sent to Advanced Imaging for health insurance premiums under COBRA and used the funds for other expenses instead of paying the premiums.

There are mechanics liens from local contractors exceeding $14,000.

The real eye-popping sums come, however, from the list of money judgments against Advanced Imaging:

• $966,598 to General Electric
• $108,988 to Phillips Healthcare
• $105,145 to Caritas Medical Arts Building
• $69,410 to Caritas Medial Arts Building
• $35,792 to Insight Health Corps
• $3,699 to the Commissioner of Labor
• $794 to the Commissioner of Labor
• $13,229 to the Commissioner of Taxation and Finance
• $13,242 to Turnbull Heating and Air
• $4,475 to the Commissioner of Taxation and Finance
• $600 to the Commissioner of Labor
• $1,343 to the Commissioner of Labor
• $6,789 to Medrad

The City of Batavia issued tax liens for more than $47,000 in back property taxes according to filings with the County Clerk's Office.

The three parcels of property in City Centre once owned by Advanced Imaging have been seized by the Sheriff's Office on behalf of Philips Healthcare and will be sold at auction at 10 a.m., May 4, at 165 Park Road, Batavia.

Some of the other money judgments may already be satisfied through other means.

Meanwhile, Advanced Imaging remains open for business.

Alexander Natal, 28, of Lake Street Road, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation, 3rd. Natal allegedly left the scene of an altercation in Bergen and drove a vehicle on Buffalo Road at 2:42 p.m. Saturday while intoxicated. Natal was stopped by Deputy Joseph Corona.

name redacted, 22, of Washington Avenue, Batavia, was arrested on a warrant for alleged failure to appear on an unlicensed operation, 3rd, charge. xx posted $250 cash bail.

Seth R. Doster, 23, of Alleghany Road, Darien Center, was arrested on a warrant for alleged failure to appear on a parked on sidewalk charge. Doster turned himself in and was issued an appearance ticket.

McKayla J. Kosiorek, 20, of South Jackson Street, Batavia, was arrested on a warrant for alleged failure to pay fine imposed by City Court. Kosiorek turned herself in and posted $100 cash bail.

Maria K. Frieday, 41, of Franklin Street, Batavia, is charged with reckless endangerment, 2nd, and tampering with physical evidence. Frieday was allegedly involved in an incident at 1:45 p.m. March 12 at 127 North St., Batavia.

Kory R. O'Grady, 42, of River Street, Batavia, is charged with harassment, 2nd. O'Grady was charged following an alleged domestic incident reported at 4 p.m., Sunday. He allegedly pushed another person and threatened to kill everyone if his daughter was removed from the residence.

Brock Thomas Barry, 27, of Blackwell Lane, Henrietta, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, and failure to stop at stop sign. Barry was stopped at midnight Sunday on Route 77, Pembroke, by Deputy Joseph Corona.

John Joseph Simmons, 42, of Bedford Street, Rochester, is charged with unlawful possession of marijuana, failure to dim headlights, aggravated unlicensed operation, 2nd, and driving without an interlock device. Simmons was stopped at 2:02 p.m. Sunday on Route 77, Pembroke, by Deputy Michael Lute.

The Grand Jury of Genesee County also released the following indictment:

Justin L. Pyatt is indicted on a count of menacing a police officer or peace officer. It's alleged that Pyatt, on Feb. 16, while at 113 Jackson St., Batavia, did attempt to place a police officer in reasonable fear of physical injury or even death by displaying a knife.

Tomcats, alley cats, stray cats, may strut around howling at the moon, but don't call them feral.

They're community cats and a community problem.

The Batavia City Council will be asked tonight to look at a possible community cat ordinance that has reportedly worked well elsewhere to help reduce the unowned cat population and made them less of a nuisance.

The proposal is the result of research into the issue by Assistant City Manager Gretchen DiFante.

The most successful method for deal with stray cats, tail in the air and otherwise, is the trap, neuter, vaccinate and release method, according to a written report provided to the council.

"Properly managed sterilization-vaccination programs do not create cat overpopulation -- the cats are already there," according to the report, prepared by the Humane Society. "The choice is between making progress or continuing to experience an unmanaged problem. Well-designed and implemented community cat programs are in line with public opinion and can mobilize an army of compassionate, dedicated people who care about cats, wildlife and their communities."

Also on the agenda for tonight's 7 o'clock meeting:

• City fire has an opportunity to receive a $515,000 Homeland Security grant to fully fund six firefighters for two years. The funding will help fill vacancies that have increased over time as City fire has struggled with unfilled openings. The grant fully funds the positions for those two years, but the city will responsible for the expense once the grants expire.
• The council will receive an update on the city's efforts to deal with vacant and abandoned properties.
• Councilman Eugene Jankowski has requested a council discussion on the process for adopting budget resolutions.
• The water plant needs a roof replacement.

The steel frame for the new Oliver's sign was anchored in place today.  The concrete foundation needs to set for as much as four weeks before the new sign is put on the frame. The same day the new sign is installed, the old Oliver's sign will be removed and taken to storage.

Previously: Oliver's Candies planning new neon sign with message board

Batavia City School teachers held what they dubbed a "positive picket" outside Batavia Middle School for about 30 minutes this morning as students were arriving for classes to call attention to their concerns with Gov. Andrew Cuomo's budget proposal for education spending.

Union President Mary Ann Marley said the governor's proposals are hurting local school districts since aid to schools hasn't been increased and Cuomo is withholding funds as leverage to change teacher evaluations.

The governor isn't even giving school districts an estimate of anticipated aid, Marley said.

"Our district is having a hard time establishing a budget for next year when they don't know what numbers to work with," Marley said.

Folks in Pembroke organized a fundraiser Sunday for the family of Alyson Krzanak.

Krzanak died of injuries sustained in a motor-vehicle accident on Route 20 in Bethany in late February.

Photos by Rebecca Grela.

Alyson's parents, David and Renee.

The Clevelands consider their choices.

Reese likes basket 114.

A two-car accident is reported at Ellicott and Liberty streets. City fire and mercy medics are on scene. Everyone is out of the vehicles. Initially, there was entrapment.

UPDATE 11:29 a.m.: Each vehicle had a driver and passenger; one passenger was transported to UMMC with a head laceration. Northbound traffic is blocked. Police on scene have requested a second ambulance to respond non-emergency mode.

New York Times: Cuomo Fights Rating System in Which Few Teachers Are Bad

Answer this question later today on the smartphone app Reacht for a chance to win a $5 gift certificate from Southside Deli. To download Reacht on your smartphone, click here

A two-car accident with unknown injuries reported at West Main Street and Oak Street, Batavia.

City fire and Mercy EMS responding.

A car fire with flames showing is reported on the eastbound Thruway at mile marker 394.4 and it is causing a traffic jam. Town of Batavia Fire Department is responding. Traffic is said to be backed up to exit 48A.

UPDATE 4:57 p.m.: Fire is knocked down. Responders en route told to take it easy.

A car vs. pole accident is reported in front of 8152 W. Bergen Road, just south of Selden Road. Le Roy fire and ambulance responding.

UPDATE 2:36 p.m.: Driver not injured.

A Sheriff's deputy is on scene at Kmart after a call to dispatch that "multiple females were exposing body parts to each other that shouldn't be exposed in public."

A motor-vehicle accident with injuries is reported on the eastbound Thruway in the area of mile marker 375.6. Le Roy fire and ambulance service responding.

UPDATE 7:42 a.m.: This is near the Ontario Service Center. A trooper is on scene and medics just arrived.

UPDATE 7:45 a.m.: Le Roy Rescue #66 is on scene.

UPDATE 7:49 a.m.: "The Le Roy fire assignment to the New York State Thruway is back in service."

UPDATE 8:30 a.m.: Two patients transported to UMMC.