Le Roy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

John A. Snook is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on Dec. 15 in the City of Batavia Snook intentionally violated a duly served order of protection by being in the presence of the protected party. In count two, Snook is accused of second-degree burglary, a Class C violent felony, for allegedly entering a dwelling unlawfully on Jackson Street. In Special Information filed by District Attorney Lawrence Friedman, Snook is accused of having been convicted of first-degree criminal contempt on Jan. 5, 2015 in Genesee County Court and that conviction was for violating a stay away family offense order of protection. It was also within five years previous to the crime alleged in the current indictment.

Matthew J. Arelline is indicted for the crime of aggravated driving while intoxicated, a Class E felony. It is alleged that on Sept. 3 in the Town of Le Roy that Arelline drove a 2015 Mitsubishi on Route 19 while he was intoxicated and while a child age 15 or less was a passenger. In count two, he is accused of DWI, as a misdemeanor. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17.

Kelicia M. Storey is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on Sept. 26 in the Town of Le Roy that Storey drove a 2015 Kia on Route 19 while intoxicated. In count two, she is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 percent or more at the time. In count three, Storey is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count three that she had three or more suspensions in effect at the time that were imposed on at least three separate dates: Sept. 27, 2015; Jan. 14, 2017; and Aug. 19, 2018.

A structure fire with smoke showing is reported at 3 W. Main St., Village of Le Roy Hall. The location is just west of Clay Street. Le Roy Fire Department is responding, along with City of Batavia fire. The second platoon is called to city fire headquarters on Evans Street.

Stafford and Town of Batavia fire departments are also called to respond.

UPDATE 10:16 pm.: All second-alarm responders are back in service.

UPDATE 10:17 p.m.: Le Roy Fire Chief Tom Wood said the initial call was for an automatic smoke alarm -- smoke in the building. His first assessment determined smoke was billowing from the bell tower. The first crew on scene discovered a broken water pipe that was leaking onto another pipe and creating steam. Mutual aid was canceled.

Former Le Roy HS Football Coach Andrew Paladino was on his way home from work when he became part of the 21-vehicle accident on the Thruway during the storm on Wednesday. He spoke with our news partner 13WHAM.

Jan DeBack has made a lot of memories at the Le Roy Village Green, many of which she shared with residents and coworkers at an ice cream social Jan. 18 to celebrate her retirement.

DeBack was the first activities director hired when the facility opened in June 1979.

“I was in here in May setting up the departments,” DeBack said on her last day.

Her retirement became official on Jan. 31.

She said it was time to step back.

“My mom is 92 and my husband is disabled, and we would like to do some things together while we still can,” said DeBack, who turned 66 in January. “The first thing I’m going to do is clean house – something I’ve neglected for more than 30 years.”

Some of the most enjoyable things she will remember are writing poetry with the residents, working on specific programs and writing music.

“I have met more than 4,000 residents during my 40 years here,” DeBack said. “It’s hard when you lose someone and it was getting harder.”

Saying goodbye to the residents was emotional, De Back said.

Administrator John Bartholomew thanked DeBack for her 40 years of service and for having run a wonderful activities program. She is also credited with starting a pet therapy program 20 years ago.

Brenda Houck has worked with DeBack as assistant activities director since 2013. Houck started in 2007 as an intern and was hired in 2008.

“Working side by side with Jan for the past 10 years, she became a great teacher, mentor and friend,” Houck said. "She has taught me a lot about this career and made it a joyful experience. I could not have asked for a better teacher, and she will be missed.”

Houck continues as acting activities director and has submitted her resume to assume the permanent position. No decision has been made yet, she said.

Top photo: John Bartholomew thanks Jan DeBack for 40 years of dedicated service at Le Roy Village Green Nursing Facility during her retirement party.

Jan DeBack, left, shares memories with Pat Green and Dottie Kurtz, residents of the Le Roy Village Green. DeBack just retired after 40 years as activities director.

Jan DeBack, activities director at the Le Roy Village Green for the last 40 years, said goodbye to all the residents at her retirement party. Here, she chats with Grace Cycon.

Two truck drivers were cited today in connection with a 21-vehicle pile-up on the Thruway in Le Roy yesterday that hospitalized a state trooper.

Trooper Dominique Wilson sustained non-life-threatening injuries in the accident, which occurred at 2 p.m. in the eastbound lane of the Thruway near mile marker 382. Wilson remains hospitalized at Strong Memorial Hospital in stable condition.

Also injured were Michael L. Bushek, age 60, of Palmyra, and Edward F. Dejoy, age 55, of Hamburg. Both were treated and released at Strong.

Tractor-trailer drivers, Richard Magezi, 41, of Fort Worth, Texas, and Michael L. Lambert, 54, of Hartford, Conn., were ticketed for allegedly disobeying a traffic control device, speed not reasonable and prudent, following too closely, and driving across hazard markings.
 
The investigation revealed that 19 vehicles, including 16 passenger cars, one box truck and two tractor-trailers, were involved in the crash.

The preliminary investigation indicates that a tractor-trailer traveling eastbound lost control, jackknifed, and struck the rear of a Trooper Wilson’s troop car, pushing it out into the roadway where the patrol vehicle was then sideswiped by a second tractor-trailer.

There was a ban on tractor-trailer traffic on the Thruway at the time of the accident due to the winter storm passing through the area.

Le Roy fire, with Le Roy taking command, along Town of Batavia fire, and Bergen fire, and six ambulances from Genesee, Monroe and Livingston counties responded to the accident, which left the Thruway closed for several hours.

Top photo: submitted by a reader.

Twenty-one vehicles, including a State Police patrol vehicle, were involved in an accident that shutdown the Thruway through Le Roy this afternoon.

Injuries were reported but no details have been released.

Several people involved in the accident were transported by van to the Ontario Service Center where they were evaluated by Mercy medics and interviewed by Troopers.

Le Roy Fire, Town of Batavia Fire, with assistance from Caledonia and Monroe County, responded to the scene.

Top three photos released by State Police. Bottom two photos courtesy a reader.  If you have photos to share of the accident, send them to howard@thebatavian.com

(Initial Post)

UPDATE: Reader submitted photo added below.

George F. Anderson, 38, of 61 Myrtle St., Le Roy, was arrested by the Le Roy Police Department on Jan. 29 and charged with one count of endangering the welfare of a child, a Class A misdemeanor. It is alleged that Anderson failed to exercise reasonable diligence in maintaining control of a 4-year-old child by failing to be aware that the child left the apartment for about 40 minutes and was found crying in the common area of the apartment with no shirt on. Anderson was issued an appearance ticket to appear in Le Roy Town Court at a later date.

Craig L. Fien Jr., 46, 17 Mill St., rear apartment, Le Roy, was arrested by the Le Roy Police Department on Jan. 29 and charged with one count each of criminal possession of stolen property in the fourth degree, a Class E felony, and fifth-degree conspiracy, a Class A misdemeanor. It is alleged that between September and January, Fien knowingly possessed stolen property consisting of one pump shotgun (color black), belonging to the victim and he allegedly refused to return the gun to the victim when the victim asked then demanded that he do so. Fien was arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Steven C. Kazmierczak, 34 of 92 Gilbert St., Le Roy, was arrested by the Le Roy Police Department on Jan. 17 and charged with one count of criminal possession of a weapon in the fourth degree, a Class A misdemeanor. It is alleged that during a Probation check of Kazmierczak's residence, he was found unlawfully in possession of a shotgun due to a prior felony conviction. Kazmierczak was issued an appearance ticket and released to answer the charge in Le Roy Town Court at a later date.

Juaquin E. Davis, 23, of Bank Street, Batavia, is charged with first degree criminal contempt. Davis was arrested at 2:20 p.m. on Thomas Avenue in Batavia after he allegedly violated a Batavia City Court order of protection. He allegedly did so by being in the presence of a protected party and engaging in a verbal altercation with that protected party. He was arrested and issued an appearance ticket for Feb. 5 in City Court. The case was handled by Batavia Police Officer Stephen Quider.

Alexander D. Kibler, 21, of School Street, Batavia, is charged with: speeding; driving while ability impaired by drugs; possession of alcohol in a motor vehicle; and aggravated unlicensed operation of a motor vehicle in the third degree. Kibler was arrested at 1:24 a.m. on Jan. 19 on Walnut Street in Batavia after Batavia police conducted a traffic stop on a gray 2014 Jeep. Police subsequently allegedly found Kibler impaired by marijuana. He was issued traffic tickets and is due in City Court on Feb. 6. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Dorothy Gray De Roque, 46, of Mechanic Street, Elba, is charged with: DWI -- first offense; refusal to take breath test; and speed exceeding posted 55 mph. De Roque was arrested at 2:23 a.m. on Jan. 27 on Ford Road in Elba. She was stopped for speeding and allegedly found to be intoxicated and failed to submit to a breath test. She was arraigned in Town of Batavia Court and released on her own recognizance. She is due in Elba Town Court on Feb. 27. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Erik Andre.

Taylor L. Finnin, 26, of East Main Street, Batavia, is charged with petit larceny and failure to appear. Finnin was arrested Jan. 26 on multiple arrest warrants after Batavia police were called to a South Main Street, Batavia, address on an unrelated matter. Finnin was arraigned in City Court and jailed in lieu of $1,000 cash bail or bond. Finnin is to return to court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Press release:

The state mandated 30-day public review period has begun for Agricultural District No. 3 in the towns of Le Roy, Pavilion, Stafford and Bergen.

The Genesee County Agricultural and Farmland Protection Board announced that Agricultural District No. 3 would embark on its eight-year review with a 30-day public review period beginning on Jan. 26.

As with every eight-year review, landowners with lands in the district under review will be asked to complete a worksheet where they will be given the option to enroll or withdraw property from the district. Only entire parcels can be included or excluded.

Landowners will receive the worksheet, along with a letter, informational brochure, and map of the current district boundaries in the next couple of days. Each landowner will have until Monday, Feb. 26^thof this year to mail the worksheets to the Department of Planning in the envelopes provided.

This deadline also coincides with the deadline for the Annual Enrollment Period which allows for inclusion of predominantly viable agricultural land to any of the County’s Agricultural Districts pending review by the Agricultural and Farmland Protection Board. In addition, nearby landowners that are receiving Agricultural Tax Assessments and are not part of the Agricultural Districts Program will be mailed a letter and form inviting them to join the program.

During this 30-day period, a map of the District will be on file and open to the public in the office of the Genesee County Clerk and at the Genesee County Department of Planning. Any municipality whose territory encompasses the above Agricultural District, any State Agency or any landowner within or adjacent to the District, may propose a modification of the District during this period.

The District and any proposed modification will be submitted to the Genesee County Agricultural and Farmland Protection Board for review. Consequently, a public hearing on the District and any proposed modifications will be held on Wednesday, May 8, at 5:30 p.m. at the Genesee County Old Courthouse, 7 Main St., Batavia.

At the conclusion of this review, the Genesee County Legislature will vote on any modifications to the District and send the proper materials to the State Department of Agriculture and Markets for recertification. The public is encouraged to attend all open meetings.

By enrolling land in the Agricultural Districts Program, participating farmers can receive relief from nuisance claims and certain forms of local regulation. Enrollment is free and voluntary.

For a free informational brochure, please contact the Genesee County Department of Planning. Phone: (585) 815-7901; Fax: (585) 345-3062; Email: planning@co.genesee.ny.us. Visit on the web here.