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October 23, 2017 - 8:31pm
posted by Howard B. Owens in mall, batavia, news, notify.

Four decades of wrangling, including five lawsuits, between the city and mall property owners is close to finally being wrapped up after a majority of property owners tonight voted to approve a settlement agreement. 

The agreement gives the city control over, and responsibility for the mall concourse. 

This settlement is the biggest step, but not the final step, in resolving this long-standing dispute. The vote for the settlement was not unanimous and if any mall property owners fail to sign the agreement it would drag out the legal process. Recalcitrant owners would have to appear before a judge and explain, show cause, for their failure to sign.

Most of the mall property owners coming out of the closed-door meeting where they voted on the agreement tonight were smiling. Robert Chiarmonte, chair of the Mall Merchant Association, said he was glad the settlement was finally approved. 

"The positive thing is that this year the maintenance fee, which will actually be called a user fee now, will stay level or somewhat level for about five years. We have our easement. We don't go to court. That's a good thing."

The protection of property owners easements was an important point to include in the settlement, Chiarmonte said.

"That was a big thing because some people were worried about being able to refinance their property or sell their property," he said.

Every property owner in the mall must now sign off on the agreement. They have 10 days to sign. If they don't, the mall merchants attorney and the city attorney will try to convince them to sign. If they still don't sign, they will have to explain their reason and provide evidence to support their reason, before a judge in Buffalo.

The vote total from tonight is not available. Each mall property owner who is in good standing on mall association fees had a vote weight by the square footage of his or her property. Since the City didn't have a vote on property it owns through foreclosure, but it did have a vote based on ownership of City Hall. Chiarmonte said the motion to approve the settlement would have passed, just based on the property size of the owners who did support the settlement, even without the city's vote.

City Manager Jason Molino said he expects a final resolution to be in place by April, at which time the city can take over maintenance and began work to replace the roof, repair the skylines and clean up the entryways.

"The optic improvements, the visuals, that will make the space more welcoming and open to investment," Molino said.

The city owns, through tax lien foreclosure, and a handful of properties in the Mall. Once the appearance of the mall improves those properties will be easier to sell and they will go up for auction.

Chiarmonte thinks that in itself will be a big step forward to help bring more traffic into the mall as new businesses open in those locations.

Molino agrees.

"My estimation is that when some of the improvements begin, and just some of the aesthetic improvements begin, which is not a lot, you're going to start seeing interest in those properties," Molino said. "You will see people are going have a different perspective on investing in those properties. That will be just a positive turn, just that alone."

October 23, 2017 - 6:02pm
posted by Howard B. Owens in NY-27, James Banks, news.

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James Banks says he's just an average grandfather from Western New York who wants to see if somebody who is just a regular guy can get elected to represent all of the 27th Congressional District, not just a favored portion of it, or if monied-interests will win out again.

He's running a low-key campaign to try to upset Chris Collins in the NY-27 primary.

He stopped in Batavia today to discuss his nascent campaign and political ambitions.

Banks has nothing against Collins personally, though he does believe he could represent the district better in Washington.

"I think Mr. Collins is a great businessman," Banks said. "As such, he's a risk taker. I have great respect for him. He was a great county executive in Erie County. He's a family man. I have no personal conflict with Mr. Collins all."

However ... 

"He has seemed to indicate that he does not have an obligation to be responsive to his constituents in terms of holding a town hall or some kind of communication, regular communication work, where he's going to hear the good and the bad and the ugly," Banks said, "where he can just realize that it's people not trying to attack him personally but just trying to participate in government."

Banks is a lifelong Republican from Lancaster who voted for Ronald Reagan when he cast his first presidential ballot in 1980. He's worked in industrial sales for 25 years, which has enabled him to travel extensively throughout WNY so he knows the district well, he said. 

This is his first attempt to win public office.

On policies, he describes himself as a fiscal conservative.

"I think the debt that we have incurred is a great danger to our country and that it ought to be addressed and, really, brought under control," Banks said. "How we do that? I don't pretend to have all the answers but I would make that a priority."

He also favors free trade.

"I'm a free market capitalist," Banks said. "I think that the approach of alienating many of our best customers around the world is a little bit shortsighted. As a salesman, I'm always looking for more customers, not fewer customers."

He doesn't oppose a border wall if officials conclude that's the best way to secure our borders, but he recognizes that immigrants built this country and there should be a place for them in 21st Century America.

"I went down to Journeys End Refugee Services in Buffalo, which has been there a long time bringing legal immigrants into the country and helping them set up a new life," Banks said. "I can't even imagine the places that these people came from.

"When you hear about the stories of Rwanda, South Sudan, and I've met people from Pakistan, from Iraq, I can't even imagine what those people have gone through to get to America.

"I think we should be more welcoming. And I think it's good economics.

"At the end of the day you get great people coming in who may look a little bit different than you or have different beliefs, but you all share the core beliefs that you love your family, you love your community. You love your state you love your country."

He's not interested in making decisions for other people on how they live their lives.

On abortion, he said, "I've actually read the opinion, Roe versus Wade and I've kind of weighed that against the 14th Amendment, which protects citizens and persons. So it's a tough question, but I'm not the guy who's going to go to a young lady in distress and try to lecture her on the most difficult choice she can ever be faced with. That is best left to her, her parents, her preacher, her doctor, her relationship with God."

On gay rights, he said, "It's really none of my business. I'm concerned with myself and my own relationship with my wife of 35 years."

He does think we should watch over our environment.

"I think it's a no-brainer that if we don't have a healthy environment to live in, then basically nothing else matters," he said. "I'm not a climate fanatic but I I try to do my part in terms of recycling. But it's a huge mistake and to deny that we have challenges -- that is foolish."

He is a fan of the beauty of Western New York and he isn't a fan of people on the national stage who run it down.

"When you look at Clarence, Orchard Park, Hamburg, the suburbs around Rochester, the Finger Lakes, this is an awesome place to live," Banks said. "When I hear a presidential candidate, as in the last election besmirching our home by saying Western New York is a disaster or Upstate New York is a disaster -- just look at Buffalo look at Rochester, look at Syracuse look at Albany, it's a disaster, I kind of take that personally.

"You know this is my home. It's your home. Do we have problems? Absolutely. Should we work together to solve them? Yes. I have no doubt, you know, but it is far from a disaster."

Banks hasn't formally announced his candidacy yet. He is looking for volunteers to help pass around petitions so he can qualify for the primary ballot. Banks said he can be contacted through the LinkedIn page he's set up for the campaign.

October 23, 2017 - 1:42pm
posted by Howard B. Owens in GCEDC, business.

Press release:

The Genesee County Economic Development Center (GCEDC) will consider final applications for three projects at the agency’s board meeting at 4 p.m. Thursday, Oct. 26, in the Innovation Zone board room at 99 Medtech Drive. All GCEDC Board meetings are open to the public.

The Board will consider final approval of incentives for a $450,000 capital investment by Manning Squires and Hennig in the Town of Batavia; a $4.5 million capital investment by Darien Lake Theme Park in the Town of Darien; and, a $4.3 million capital investment by O-AT-KA Milk Products in the City of Batavia.

Manning Squires and Henning is once again seeking to expand its footprint in the Town of Batavia. Earlier this year, the company invested $2.2 million for a 9,5000-square-foot expansion. The company is planning a Phase II component to expand to approximately 14,500 square feet, including a $450,000 investment for the purchase of construction related to equipment for which it is seeking approval of $36,000 is sales tax exemptions.

Darien Lake is seeking $360,000 in sales tax exemptions as part of a capital investment of $4.5 million for a new ride set to open in 2018. The tourism project will help retain 398 jobs at one of the Buffalo Niagara and Finger Lakes region’s most popular resorts.

The GCEDC board also will consider final approval of a 20,000-square-foot expansion project by O-AT-KA as part of a $4.3 million capital investment at the company’s plant on Ellicott Street. O-AT-KA is requesting approximately $370,000 for sales tax and property tax exemptions. The project, located in the City of Batavia, will help retain 308 jobs.

October 23, 2017 - 1:41pm
posted by Howard B. Owens in thebatavian.

Download our new app for iOS (iPhone, iPad, and iPod) to easily access the latest local news wherever you are. Get notifications for breaking and other important news.

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October 23, 2017 - 12:31pm
posted by Howard B. Owens in alexander, news, notify.

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A teenager from Alexander is one of five national finalists in an invention contest with a top prize of $250,000.

Fourteen-year-old Andrew Young Jr. saw an announcement for the contest on TV and drew up his idea for a toaster that shoots out toast on a plate. The judges love the idea and selected it as one of the finalists. Now the people of America will be asked to vote and select their favorite invention.

The contest is sponsored by Frito-Lay.

Voting has not yet opened.

The Batavian will have a longer story about Andrew (son of County Legislator Andrew Young), his invention, and the contest later this afternoon.

October 23, 2017 - 10:55am
posted by Howard B. Owens in crime, batavia, news.
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      Adante Davis

A suspect in a home invasion burglary on Central Avenue who has been on the lam for a year will remain confined to jail without bail Judge Charles Zambito ruled this morning when Adante L. Davis was arraigned on felony counts of assault, 2nd, and burglary, 1st. 

Attorney Marty Anderson, appointed to represent Davis, argued that Davis, in previous criminal cases, has a record of making appearance and should, therefore, have bail set at a reasonable amount.

Assistant District Attorney Robert Zickl disagreed.

"He's been gone for a year," Zickl said. "He fled knowing he was wanted in connection with a serious home invasion burglary and is facing a Class B violent felony and his co-defendents received significant prison terms."

Zickl added that Davis three failures to appear on his record and a prior probation violation and prior parole violation.

He said he considered Davis a significant risk to flee if released.

Zambito agreed.

Three other men -- Daniel Gilbert, Marquis Saddler, and Oliver Thomas -- have all previously entered guilty pleas to charges stemming from the October 2016 incident and are currently serving state prison terms.

The next scheduled court appearance for Davis is 1:45 p.m., Dec. 21.

October 23, 2017 - 8:49am
posted by Howard B. Owens in batavia, city centre, mall merchants association, mall, news.

Statement from City Manager Jason Molino:

“The trial has been postponed today, awaiting results of the Mall Merchants vote tonight on the settlement agreement. Both parties are to report back to the court Tuesday morning with the results of the settlement vote to determine next steps with respect to the court cases.”

October 23, 2017 - 8:41am
posted by Howard B. Owens in crime, news, batavia, notify, elba, Alabama, pembroke, corfu, Darien.
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       Adante Davis

Adante L. Davis, 27, of South Main Street, Batavia, is charged with assault, 2nd, and burglary, 1st. Davis was arrested on a warrant for assault and robbery stemming from a home invasion at a location on Central Avenue on Oct. 28, 2016, in which he is a suspect. Davis was one of four suspects and has been at large since the incident. Three participants have pled guilty and been sentenced -- Daniel J. Gilbert, Marquis K. Saddler, and Oliver Thomas. Davis was ordered held without bail.

Darrell J. Holloway, 49, of Farnsworth AVenue, Oakfield, is charged with unlawful possession of marijuana. Holloway was stopped for an alleged traffic infraction at 8:02 p.m. Thursday on Evans Street, Batavia.

Daniel Joseph Difrancesco, 36, of Edgewood Drive, Batavia, is charged with criminal mischief, 3rd. Difrancesco was allegedly involved in a dispute at his residence. He was jailed without bail.

Alex Scott Dumbleton, 24, of Ellicott Street, Batavia, is charged with illegal disposal of items. Dumbleton allegedly threw a bag of garbage onto the property of another person without permission.

Michele L. DiFalco, 28, of South Main Street, Batavia, is charged with petit larceny. DeFalco allegedly stole property from an associate Sept. 25. He was jailed on bail.

Katty L. Jackson, 21, of Dewey Avenue, Batavia, is charged with harassment, 2nd. Jackson allegedly struck another person in an incident reported at 6:29 p.m. Thursday at a location on Maple Street, Batavia.

A 17-year-old resident of Batavia is charged with criminal possession of a controlled substance, 7th, obstruction of governmental administration, failure to yield right of way to emergency vehicle, and no lights on a bicycle. Police attempted a traffic stop on the young bicyclist at 8:36 p.m. Thursday on Ellicott Street and the youth attempted to flee from police and led police on a chase. The youth was jailed following his arrest.

Casey Arthur Trommetter, 29, of Angling Road, Pembroke, is charged with DWI, moving from lane unsafely, and unregistered motor vehicle. Trommetter was arrested following an investigation by Deputy Ryan Young into a two-vehicle accident reported at 12:09 a.m. today on Genesee Street, Pembroke. When deputies arrived on scene they found an unoccupied vehicle in the westbound lane. Trommetter was in a second vehicle in a ditch off the side of the road. She was treated and released at the scene for minor injuries and charged with DWI. 

Michael Alan Shelter, 27, of Lewiston Road, Alabama, is charged with harassment, 2nd, and unlawful possession of marijuana. Shelter was arrested following an investigation into a disturbance reported at 8:45 p.m. Friday on Lewiston Road, Alabama.

Anthony James Constable, 31, of Oak Orchard Road, Elba, is charged with DWI. Constable was allegedly involved in a domestic incident at 11:08 p.m. Saturday in Elba. Following the incident, he allegedly drove to 7993 Call Parkway, Batavia, the location of Ashley Furniture, where he was located by Sgt. Thomas Sanfratello and arrested for alleged DWI. Additional charges are pending.

Mark Harley Bennett, 31, of Chamberlain Street, Albion, is charged with criminal possession of a controlled substance, 7th. Bennett was arrested after deputies responded to a report at 8:57 p.m. Saturday of two men in a vehicle in a parking lot at 8363 Lewiston Road shooting up heroin. Upon investigation, Bennett was allegedly found in possession of a controlled substance.

Adrienne F. Yocina, 36, of Alleghany Road, Pembroke, is charged with criminal possession of a weapon, 3rd, and criminal possession of a controlled substance. Yocina was charged following a home probation check. She was allegedly in possession of high capacity ammunition magazines and a controlled substance.

Benjamin Jacob Skubis, 23, of Colby Road, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Skubis was charged following an investigation by Deputy Mathew Clor into a motor-vehicle accident reported at 2:25 p.m. Saturday on Bloomington Road, Basom.

Nicolas James Scripp, 27, of Fullington Road, Attica, is charged with public lewdness. Scripp allegedly urinated near the entrance of a business on Park Road at 2:22 a.m. Saturday.

Pamela A. Battaglia, 59, of Limerick Road, Piffard, is charged with trespass. Battaglia is accused of refusing to leave a property on Junction Road, Pavilion, after being told to leave several times.

John Paul Henning Sr., 55, of Overlook Drive, Batavia, is charged with acting in a manner that could injure a child and assault, 3rd. Henning is accused of attempting to punish a child by striking him on the foot with a plastic object, which caused the child to bleed.

Trisha Rose Santora, 35, of Georgian Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, controlled substance not in original container, aggravated unlicensed operation, license plate violation, and inadequate plate lamps. Santora was arrested on a warrant. She was jailed on $5,000 bail, $10,000 bond.

Robert E. Magoffin, 45, of Darien Center, is charged with endangering the welfare of a child. Magoffin was arrested by State Police in connection with an alleged incident reported 5:52 p.m. Friday in Darien. No further details released.

Nichole M. Ambrosoli, 50, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Ambrosoli was stopped at 2:45 a.m. Saturday on R. Stephen Hawley Drive, Batavia, by State Police.

October 23, 2017 - 7:43am
posted by Howard B. Owens in Deal of the Day, advertisement.

Reminders of how the Deal of the Day program works:

  • To make purchases, you must be registered. Deal of the Day uses a registration system that is not connected to the registration for commenting on The Batavian (the main user login in the upper left of the home page).
  • Once registered you must sign in using the "sign in" link in this box.
  • You click on the orange button, which appears if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
  • The first person to successfully complete the PayPal transaction wins the gift certificate.
  • You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.
  • Only one gift certificate from the same business PER HOUSEHOLD is allowed in each four month period. We do not have a way to automatically track duplicate purchases within a household; however, if we notice such a purchase, we reserve the right to cancel the purchase and refund the purchase money. Each individual purchaser must use his or her own PayPal account for purchases. It's important that participating businesses not be asked to redeem multiple gift certificates from the same person/family at the same time.
  • Gift certificates should be used within 30 days of receipt.

iosdownloadbanner5.png

October 23, 2017 - 6:55am
posted by Howard B. Owens in accident, news, bergen.

A car and RTS bus collided at Route 33 and Route 19.

The bus apparently had no passengers.

The drivers of both vehicles are said to be sign-offs (no injuries).

The car is blocking traffic.

Bergen Fire and ambulance dispatched.

October 22, 2017 - 9:06pm
posted by Howard B. Owens in batavia, news.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Monday, Oct. 23, from approximately 9 a.m. to 3 p.m. in the general area south of Main Street and east of Jackson Street. Homes and businesses nearby will be affected. 

These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

October 22, 2017 - 3:34pm
posted by Howard B. Owens in Batavia Cemetery, batavia, news.

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For the first time in its history, last night the Ghost Walk at the Historic Batavia Cemetery, a fundraiser for the cemetery, was sold out.

Top photo: Tim Buckman as Philemon Tracy, the only Confederate officer killed during the Civil War who was buried north of the Mason-Dixon Line.

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Patrick Weissend as Joseph Ellicott.

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Tracy Ford as John H. Yates, poet, preacher, philanthropist, journalist.

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Bonnie and Charley Boyd as Mary and Dean Richmond in the Richmond Mausoleum.

October 22, 2017 - 2:47pm
posted by Howard B. Owens in HomeCare & Hospice, batavia, news.

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HomeCare & Hospice Foundation Inc. sponsored its first OctoberFest on Saturday night at Batavia Downs.

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October 22, 2017 - 2:40pm
posted by Howard B. Owens in Bontrager's Auction, batavia, Genesee Cancer Assistance, news.

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Bontrager Auction Center hosted its fifth old-fashioned barn dance and dinner last night with proceeds benefiting Genesee Cancer Assistance.

Top photo: Organizers Bob Stocking, Verna Oehler, Penny Arnold, Jackie Johnson and Julie Tybor.

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October 22, 2017 - 2:31pm
posted by Howard B. Owens in Deal of the Day, advertisement.

Reminders of how the Deal of the Day program works:

  • To make purchases, you must be registered. Deal of the Day uses a registration system that is not connected to the registration for commenting on The Batavian (the main user login in the upper left of the home page).
  • Once registered you must sign in using the "sign in" link in this box.
  • You click on the orange button, which appears if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
  • The first person to successfully complete the PayPal transaction wins the gift certificate.
  • You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.
  • Only one gift certificate from the same business PER HOUSEHOLD is allowed in each four month period. We do not have a way to automatically track duplicate purchases within a household; however, if we notice such a purchase, we reserve the right to cancel the purchase and refund the purchase money. Each individual purchaser must use his or her own PayPal account for purchases. It's important that participating businesses not be asked to redeem multiple gift certificates from the same person/family at the same time.
  • Gift certificates should be used within 30 days of receipt.

iosdownloadbanner5.png

October 22, 2017 - 2:02pm
posted by Howard B. Owens in fire, bergen, news.

A structure fire was reported at 8524 Peachy Road, Bergen, but a chief on scene reports the fire has been knocked down.

Overhaul and ventilation starting.

The initial fire call was for a dryer with smoke coming from it.

Bergen fire and Le Roy fire were dispatched.

October 22, 2017 - 9:55am
posted by Howard B. Owens in crime, batavia, news, notify.

ummcescapehuntoct2017.jpg

Police are searching areas west and north of UMMC for a man in a hospital gown and underwear who escaped custody while at UMMC.

The man is a suspect in an assault and was taken to UMMC for a mental health evaluation.

Search areas have included the area around Dwyer Stadium and behind the high school, North Side Apartments, Walden Estates and the general area.

The suspect is a male in his 30s.

If spotted, Emergency Dispatch can be reached at (585) 343-5000.

UPDATE 10:26 a.m.: The man remains at large and is not considered armed; he's wearing a hospital gown and boxer shorts. Police plan to charge him with third-degree assault, and other charges, stemming from a domestic incident in Elba last night. A State Police helicopter will soon be deployed -- an ETA of about 20 minutes -- and a DEC canine unit is on scene. The search area is Bank Street in the city, northwest between the Thruway and the high school. The command post is by Walden Estates apartment complex, where the suspect was last seen.

UPDATE 11:17 a.m.: The suspect has been spotted on State Street Road by the Thruway. He is only wearing blue underwear, having jettisoned the hospital gown.

UPDATE 11:20 a.m.: The suspect has been taken into custody in a field north of the Thruway.

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October 21, 2017 - 1:41pm
posted by Howard B. Owens in John Kennedy School, batavia, news.

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On a colorful, sunny, fall day, participants from throughout the community turned out to John Kennedy School for the My School Color Run, which was an untimed run/walk over a three-mile course through the City of Batavia.

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October 21, 2017 - 1:14pm
posted by Howard B. Owens in accident, news, batavia.

A two-car accident with minor injuries and entrapment is reported in the area of 8290 Lewiston Road, Batavia.

Batavia fire and Mercy EMS dispatched.

October 21, 2017 - 12:54pm
posted by Howard B. Owens in sports, football, Le Roy, alexander, pembroke.

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Le Roy brought their D-Game to Hartwood Park last night and it was a good thing on a night when the offense could only manage to score a single touchdown.

The Oatkan Knights shutout Letchworth/Warsaw 7-0 to advance in Class C sectional play.

Kyler LaCarte had 11 carries for 31 yards, Cineque Robinson 11 for 29, Jake Hill seven for 21, and Luke Stella four for15. At QB, Jake Hill was 12-24 for 97 yards and a TD. Cole Biggins had four catches for 39 yards and Reece Tresco grabbed three passes for 32 yards.

Tresco had five tackles. Gavin Luckey had five and an interception. With four tackles were Bob Locke, Bryce Bordonaro, Jake Hill, Anthony Leitten and Luke Stella. Bordonaro recovered a fumble and Leitten had a sack.

Also in sectional play Friday night:

  • Alexander 42, CG Finney 22. The Trojans gained 361 yards on the ground. Chris McClinic ran 24 times for 188 yards and four touchdowns. Terrez Smith had 13 carries for 141 yards and a TD. Kicker Grant Cox was 4-5 on point after attempts. Jake Jasen had 10 tackles, Mich Gordon, eight.
  • Pembroke 54, Canisteo-Greenwood 28 
  • Batavia 36, Wayne 28 (Game coverage)

Photos by Ed Henry. Top photo, Gavin Luckey with the reception for the lone TD of the game.

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Cole Biggins

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Ty Williams and Reece Tresco with a tackle.

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Jake Hill

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Cineque Robinson

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Kyler LaCarte

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Kyle LaCarte

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