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Le Roy's Wolcott Street School celebrates Character Day

By Raymond Coniglio

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Assistant Principal Jon Wilson, left, and Principal Carol Messura greet students Friday during a celebration of Wolcott Street School's designation as a 2015 National School of Character. 

Call it a show of good character, featuring a cast of “good characters.”

About 700 of them, to be exact.

The Wolcott Street School community gathered along Trigon Park on Friday afternoon to celebrate — cheerfully and loudly — its designation as a 2015 National School of Character.

Principal Carol Messura and Assistant Principal Jon Wilson arrived aboard a Le Roy Fire Department ladder truck, which carried a National School of Character banner and was escorted by the fire department along Main Street to the school.

They exchanged high-fives with students, before heading indoors for an assembly in Memorial Auditorium.

The elementary school was named a National School of Character in May by Character.org (formerly the Character Education Partnership), a Washington, D.C.-based organization that advocates for character education. School administrators traveled to Atlanta last month to accept the honor.

Messura said it’s something to share.

“This award represents every single student, every staff member, every worker here, every parent, every administrator past and present, board members, families and our fabulous community at large,” she told students.

“This award lives in all of you.”

National Schools of Character are schools and districts where character education has had a positive impact on academics, student behavior and school climate, according to Character.org. Designated schools have the right to use the National School of Character name and logo for five years.

Messura said 276 schools from across the United States applied for the honor this year. Wolcott Street School was one of only 64 schools and three districts that were awarded.

For Wolcott Street School, the story actually began about 15 years ago, when a Character Education Committee was created under the direction of then-principal Jim Thompson.

After his retirement, the character education program continued under his successor, Casey Kosiorek. The school earned a “Promising Practices” award in 2010, the same year it adopted the Olweus Bullying Prevention Program. 

Wolcott Street School was named a New York State School of Character in 2012.

Thompson and Kosiorek were among local dignitaries on stage for Friday’s celebration.

“You know what we’re all here for? To make a difference with kids,” said Thompson, who now directs the Instructional Coaching Service for the Genesee Valley Educational Partnership.

The Character Education Committee was formed in light of changing times, Thompson said. It had become clear that developing good character, was a responsibility schools had to share.

“It needed to be taught and it needed to be celebrated,” Thompson said. “And not in a heavy-handed way, but in a good way.”

Highlights from the assembly:

— John Panepento and Riley Wood each spoke on behalf of the sixth grade, which was asked to describe what character education has meant to them.

— Sixth-graders also sang “Hakuna Matata,” from Disney’s “The Lion King Kids.” The class presented the musical — to rave reviews — on Thursday.

— Wilson announced that every student will receive a T-shirt to commemorate Friday’s celebration. Students chose shirts over wristbands in a school-wide vote.

Friday’s celebration capped “Character Day” at WSS. Students participated in class activities throughout the day.

“Building character in each and every classroom is really our goal,” Wilson said.

“There’s a lot going on in education right now,” he added. “But we can never lose sight of the fact that character education is the heartbeat of our school district.”

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Wolcott Street School Principal Carol Messura and Assistant Principal Jon Wilson, center, are pictured Friday with former principals Jim Thompson, left, and Casey Kosiorek.

Law and Order: Bank employee accused of stealing $4K from safe

By Howard B. Owens

Andre Bailey, 28, of Rochester, is charged with grand larceny, 3rd. Bailey is accused of stealing $4,000 from the bank safe at Woodforest National Bank, located inside Walmart. Bailey was employed by the bank.

Jay D. Schutt, 27, of Le Roy, is charged with DWI. Schutt was stopped by State Police on Warsaw Road, Le Roy, for allegedly speeding. At the Batavia barracks, he allegedly tested with a BAC of .16.

A 17-year-old resident of Pearl Street Road, Batavia, is charged with criminal mischief, 4th. The youth is accused of intentionally damaging the property of a family member while the person was not at home. He was jailed on $1,000 bail or $2,000 bond.

A 17-year-old resident of Route 237, Byron, is charged with forcible touching. The youth is accused of grabbing a fellow student's body parts. 

Sponsored Post: Play D&R Depot's new scratch off game and win $100!

By Lisa Ace


Do you remember playing Scrabble, Blackjack, Go Fish!, The Missing Puzzle Piece, The Locked Glass Box, Wheel of Fortune and Bing? It’s that time of year again for the D & R Depot’s Fall Contest! This year we invite you to play our new exclusive scratch off game “Choo-Choo Chances” for a chance to win $100.00!

Here are the rules: When you dine at the Depot between Sunday, Nov. 1st and Sunday, Nov. 22nd you will receive one Choo-Choo Chance ticket for every $10 you spend! Just scratch your tickets to reveal your prizes! Unlike New York State, all of our tickets are at least $10 winners!

Remember, the more you order, the more people you bring, and the more visits you make means more winnings in your pocket! And of course, EVERYONE that plays the game WINS at least $10.00, so basically, you’re eating for free for the entire month of November! Now, don’t forget to save this contest in your phone. Start time:11/1/15, 7 a.m., end time 11/22/15, 9 p.m. You’d better set the alarm, too!

Le Roy comes back against Notre Dame to win volleyball semifinal

By Howard B. Owens

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Down two matches to nil, and down on points midway through the third set, Le Roy rallied in its Class C Section V semifinal volleyball match against Notre Dame to pull out a 3-2 victory and advance to the next round.

The sets went 25-23, Norte Dame, 25-21, 23-25, 15-25 and 21-25.

Photos by David Boyce.

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Sponsored Post: Vote for the right team for LeRoy!

By Lisa Ace


Serving as your County Legislator for the past four years has been a most exciting opportunity to meet and advocate for you and our community.  Thank You!  I am truly honored to work for economic improvement, enhanced public safety capacity and lower property tax structure.  Please support my candidacy with your vote on November 3, 2015. Rochelle M Stein • Genesee County Legislator • LeRoy, District #5

Religious organization in Arizona challenged Le Roy schools on transgender student policy

By Howard B. Owens

A conservative Christian group based in Arizona has issued a press release challenging the Le Roy Central School District for its handling of a reportedly transgender student and the student's access to locker rooms and restrooms. In a separate letter to the district and released by Alliance Defending Freedom, the advocacy group states that some male students are uncomfortable sharing facilities with a female student who identifies as male, but gives no indication that ADF actually represents any local residents.

The press release invites any district parents concerned about the issue to commence legal proceedings against the district. The district has not issued a statement in response to the press release from ADF.

Press release (links within the press release are to third-party sites):

Alliance Defending Freedom sent a letter Friday to the Le Roy Central School District Board of Education that asks it to reverse a recent decision by district staff to allow students to use locker rooms and restrooms of the opposite sex. The letter provides a suggested policy that addresses the school district’s concerns about discrimination without allowing the sharing of restrooms.

The ADF letter explains that no federal law requires public schools to allow boys into girls’ restrooms or girls into boys’ restrooms. In fact, as the letter notes, the district could be exposing itself to legal liability for violating students’ right to bodily privacy.

“Protecting students from inappropriate exposure to the opposite sex is not only perfectly legal, it’s a school district’s duty,” said ADF Legal Counsel Matt Sharp. “Letting boys into girls’ locker rooms and restrooms is an invasion of privacy and a threat to student safety.”

In December 2014, ADF sent public school districts nationwide a similar letter that it has now provided to Le Roy Central School District. All of the ADF letters cite pertinent legal precedent, including court rulings that support the ability of public schools to limit restrooms to members of the same sex for privacy and safety reasons without violating Title IX, a federal law concerning sex discrimination in public school programs and activities.

“Allowing students to use opposite-sex restrooms and locker rooms would seriously endanger students’ privacy and safety, undermine parental authority, prejudice religious students’ free exercise rights, and severely impair an environment conducive to learning,” the ADF letter to Le Roy Central School District explains.

“ADF’s policy allows schools to accommodate students with unique privacy needs, including transgender students, while also protecting other students’ privacy and free exercise rights, and parents’ right to educate their children.”

The ADF letter also offers to evaluate the situation and potentially offer free legal assistance if anyone files a lawsuit against the recommended policy.

“Schools can accommodate a small number of students that have different needs without compromising the rights of other children and their parents,” added ADF Senior Legal Counsel Jeremy Tedesco. “No child should be forced into an intimate setting – like a bathroom or a locker room – with a child of the opposite sex.”

Sponsored Post: Design and print with Batavia Legal Printing!

By Lisa Ace

A locally woman‐owned and family operated company, BLP Design & Print/Batavia Legal Printing, Inc. is located in the Village of LeRoy. Opening their doors in 1998, they have expanded from appellate printing services to also offer design and print services for the public. 
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Law and Order: Duo accused of burglary in Le Roy

By Howard B. Owens
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Jeffrey Bald Ted Kingsley

Jeffrey D. Bald, 33, of 30 Craigie St., Le Roy, and Ted E. Kingsley, 43, of 61 Myrtle St., #7, Le Roy, are charged with two counts each of second-degree burglary and one count each of petit larceny and attempted petit larceny. Bald and Kingsley were arrested after Village of Le Roy PD received a complaint from a neighbor of suspicious persons inside and then leaving a residence on Myrtle Street. Bald was allegedly located by a patrol walking nearby carrying a duffle bag of property. Kingsley was later determined to also be involved in the alleged burglary and was arrested. Bald and Kingsley are also suspects in a prior burglary of the same residence two days earlier. Kingsley was jailed on $15,000 bail and Bald on $25,000.

Sara A. Howard, 20, of 8486 W. Bergen Road, lot #15, Le Roy, was arrested on a pair of warrants. The first was out of the Town of Le Roy for an alleged theft of money and an iPhone from an acquaintance in the Village of Le Roy. The second was on a charge of petit larceny out of Rochester. Howard was arraigned and issued an appearance ticket on the local charge and then turned over to Rochester PD.

Amy M. Kaplun, 20, of 31 Gilbert St., Le Roy, is charged with petit larceny. Kaplun allegedly stole money from a Village of Le Roy business while employed there.

Habib Kassim Abdullah Nasser, 34, of East Ferry Street, Buffalo, is charged with evading cigarette tax on 10,000 or more cigarettes and speeding. Nasser was stopped 1:34 a.m. on Route 77, Pembroke, by Deputy Joseph Corona. He as allegedly found in possession of 12,000 untaxed cigarettes.

Jessica L. Ford, 24, of Oak Street, Batavia, is charged with criminal contempt, 1st. Ford was allegedly found driving a vehicle with a passenger whom she is barred from contacting by a complete stay away order. Ford was jailed without bail.

Glenn H. Quintern, 56, of Central Avenue, Batavia, is charged with assault, 2nd. Quintern allegedly stabbed a woman in the leg with a pair of scissors at about 11 p.m. Friday.

William Edward Bissette, 53, of Gibson Street, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Bissette was stopped at 4:47 p.m. Saturday on South Main Street, Oakfield, by Deputy Joseph Corona, following a complaint of an altercation between two people at the 7-Eleven in Oakfield.

Dillon Lee James Farley, 23, of Ridge Road, Elba, is charged with DWI and driving with a BAC of .08 or greater, leaving the scene of a property damage accident and failure to keep right. Farley was arrested by Deputy Joseph Loftus following a report of an accident at 2:40 a.m. Saturday on Ridge Road, Elba.

Melanie Mary Matesz, 50, of Schurr Road, Akron, is charged with unauthorized use of a vehicle. Matesz allegedly used a vehicle owned by another person for several days without knowledge or consent of the owner. Matesz was also charged with criminal trespass, 2nd, for allegedly being at a residence she was barred from visiting.

Jordan J. Hardy, 26, of Sunset Parkway, Oakfield, is charged with sex offender failure to report a change of address. Hardy, a registered sex offender, allegedly failed to report a change of address. He was jailed without bail.

Bath blasts past Le Roy, 44-0

By Howard B. Owens

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If a number of photos in this post seem to feature a bit too much of the Bath, well that was pretty much the story of the game Saturday as the Le Roy Oatkan Knights dropped a Class C sectional playoff game to Bath 44-0.

Josh Laurie was held 105 yards passing and Nick Egeling gained only 15 yards on the ground.

For four quarters, it was pretty much all Bath, with the Rams amassing 353 yards of total offense.

Reed Kacur had three receptions for 28 yards and Ryan Boyce, two for 37 yards.

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Le Roy's Bessey Tools named Employer of the Year by NYS ARC

By Billie Owens

(Submitted photo of NYS ARC President Laura Kennedy presenting an Employer of the Year Award to Jeremy Smowton, of Bessey Tools in Le Roy.)

Press release:

NYS ARC President Laura Kennedy presented an Employer of the Year Award to Jeremy Smowton of Bessey Tools, last week during NYS ARC’s Fall meeting in Albany.  Bessey Tools was nominated for the award by Genesee ARC to recognize its longtime partnership with the business whose United States headquarters is in Le Roy.

Smowton, vice president of Finance at Bessey Tools, reflected on the company’s association with Genesee ARC.

“We truly appreciate the hard work and effort the team from our local ARC provides for Bessey Tools," Smowton said. "They are a conscientious group that cares about the work they do, which we feel they do very well. At Bessey Tools, we are proud to have the privilege to serve our community through Genesee ARC. We look forward to a long standing future relationship.”

Genesee ARC has had a business relationship with Bessey Tools for the past 15 years and has had an onsite enclave at their factory since January 2013, employing 6 to 10 people daily.

Scott Jones, Genesee ARC director of Employment Services, said individuals work at ten different stations, assembling clamps, operating drill and hydraulic presses, packing and barcoding products.

“When Bessey Tools decided to move an assembly operation from Long Island to Le Roy, they asked Genesee ARC to handle the production because of our quality work and 15-year track record of excellence,” Jones said.

The Award presentation coincided with October’s 70th annual observance of National Disability Employment Awareness Month, a time to celebrate the many and varied contributions of America's workers with disabilities.

Genesee ARC is one of 54 Chapters of NYS ARC, the largest provider of services to people with intellectual and other developmental disabilities in the nation, offering supports encompassing all aspects of a person’s life from birth through end-of-life care.

Wolcott Street School in Le Roy honored as a '2015 National School of Character'

By Billie Owens

(Submitted photo.)

Last week in Atlanta, Le Roy's Wolcott Street School was honored as a 2015 National School of Character.

Pictured from left are Sam Murphy, Character.org board president; JoAnn Hyde, Wolcott Street School counselor; Carol Messura, principal; Jon Wilson, WSS assistant principal; and Sheril Morgan, director of School of Character.

To celebrate the distinction, the school is holding a "Day of Character" on Friday, Nov. 6th, a culminating in an event at 1:40.

Specifics on the award can also be found on character.org.

Le Roy stuns Attica with come-from-behind victory, 20-19

By Howard B. Owens

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Attica scored on their first three possessions in their Class C Section V playoff match against Le Roy on Friday night in Attica, but then the Oatkan Knights defense tightened up, including stopping the Blue Devils twice in the red zone, so Attica never got past those initial 19 points.

In the end, Le Roy pulled out a 20-19 victory.

Nick Egeling gained 115 yards on 17 carries. He scored on a 41-yard run. Nate Flint also scored on the ground, while going for 31 total yards on five rushes.

Josh Laurie was 7-12 passing for 113 yards and TD. He gained 18 yards on the ground on seven rushes.

Reed Kacur hauled in that TD pass, one of three catches for 79 yards. Ryan Boyce had two receptions for 18 yards and Flint had two for 16 yards.

On defense, Benny Piazza, nine tackles, Anthony Natrigo, eight, Kacur, eight, and Egeling and Luke Hogle had six each.

Photos by David Boyce.

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CD seller at Tops in Le Roy reportedly bothering people

By Howard B. Owens

There's a report of people selling CDs at the Tops in Le Roy, knocking on car windows, scaring people.

"It's been an ongoing problem in other parts of the county," a dispatcher tells an officer.

Le Roy PD is responding.

UPDATE 2:23 p.m.: A dispatcher confirms with a deputy that he had previous contact with the CD sellers and the deputy informed the sellers they need permits and to "move along."

Law and Order: Man accused of threatening residents in home on Summit Street

By Howard B. Owens

Brandon C. Smart, 38, of River Street, Batavia, is charged with trespass and harassment, 2nd. Smart allegedly refused to leave a home on Summit Street and threatened to kill the residents. He was jailed on $500 bail.

Brad Michael Prinzi, 34, of Batavia Elba Townline Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, speed violation, operating without vehicle inspection certificate, inadequate plate lamp. Prinzi was stopped at 12:27 a.m. Tuesday on Townline Road, Bergen, by Deputy Joseph Corona.

Brodes J. Gibson, 54, of Thorpe Street, Batavia, is charged with endangering the welfare of a child, unlawful fleeing, 3rd, reckless driving, DWI, aggravated unlicensed operation, 1st. Officer Christopher Lindsay attempted to stop Gibson for alleged traffic violations at 7:44 p.m. Oct. 11 on East Main Street, and Gibson allegedly failed to stop and instead engaged police on a short pursuit into the parking lot of Batavia Gardens. He was stopped in the east driveway and taken into custody without further incident. He was jailed without bail.

Katherine L. Urf, 54, of Hutchins Street, Batavia, is charged with DWAI/combined influence of drugs. Urf was stopped after complaints of an erratic driver at 4:24 p.m. Oct. 12 on Hutchins Street, Batavia, by Officer Peter Flanagan.

Khadijah A. Davis, 24, of Arnett Boulevard, Rochester, was arrested on a warrant. Davis allegedly failed to appear on a charge of criminal possession of a controlled substance, 7th. He was jailed on $1,000 bail.

Rachel M. Jordan, 19, of State Street, Batavia, is charged with criminal contempt, 2nd. Jordan allegedly failed to cooperate during grand jury proceedings.

Tera Michele Williams, 42, no permanent address, was arrested on a warrant for alleged failure to appear. Williams allegedly failed to appear on a disorderly conduct charge.

Gladys May Patmore, 54, of East Buffalo Street, Churchville, is charged with DWI, driving with a BAC of .18 or greater, and stopping on a public highway. Patmore was allegedly found sleeping in her vehicle at 10:16 p.m. Saturday off of Lake Street Road, Le Roy, by Deputy Joseph Corona.

Consultants present findings for plan to submit in America's Best Communities competition

By Howard B. Owens

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Le Roy and Bergen took one big step forward Monday night toward the goal of community leaders winning a competition with a $3-million prize to help drive local economic development. Consultants presented the outline of a strategic economic development plan.

The plan focuses on bringing infrastructure to the Le Roy Food and Tech Park as well as Appletree Acres in Bergen, but also contains several other goals and tactics for spurring economic growth.

Le Roy and Bergen entered the competition as a team and are among the finalists, and as a finalist the community group leading the effort received $50,000 to come up with the plan to submit to the America's Best Communities competition, which is sponsored by Frontier Communications.

The competition committee hired Saratoga-based Camoin Associates to do the research, conduct the interviews and come up with recommendations for the plan.

The committee came up with the following vision statement to include in the plan:

Our economy is grounded in strong agriculture and food-production industries, a resilient manufacturing sector and vibrant village centers. Our proactive economic development investments provide the foundation for sustainable, long-term growth. Our communities maintain a high-quality lifestyle and livelihood through a collaborative ethic and adaptation and reinvention and by leveraging our historic and natural assets.

Robert Camoin, president and CEO of Camoin Associates, said the second sentence is meaningful in the competition and significant.

"It says you're not going to let happen to you whatever happens to you," Camoin said. "You're taking a proactive approach toward your economic future."

Alyson Slack, an economic development analyst for Camoin, outlined 11 key points in the plan, which includes further investment in the Le Roy Food & Tech Park, marketing the park to target industries, preparing the I-90 interchange for future development, promoting the region's top-quality workforce, exploring the creation of a craft manufacturing incubator for entreprenuers who wish to work out of their homes, and protecting farmland.

"Employers are pleased with the local workforce," she said. "They appreciate the work ethic and the skills that are based on the agriculture history of the area, which fosters a strong willingness to work, problem-solving skills and mechanical know-how."

The big problem facing both Appletree Acres and the Food and Ag park is the lack of high-speed broadband, insufficient electric capacity and no high-capacity natural gas pipeline. If the community wins the $3 million, those issues could be addressed.

The 40 or 50 people who attended the "stakeholders meeting," were invited to provide feedback. Robert Taylor raised a concern about the need for housing to support economic growth and another audience member pointed out that a study of the village land area some years ago found about 50 percent of the village is under-used for housing.

Camoin asked several times for feedback on the proposed plan with little response, then asked if people in the audience were happy with what they saw and heads nodded yes. Taylor said he liked the plan, he just thought housing needed to be more strongly addressed.

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Livonia tops Le Roy, 28-22

By Howard B. Owens

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Le Roy finished out the regular season with a loss to Livonia, 28-22.

The Oatkan Knights will head into sectional play with a 4-3 record.

Nick Egeling carried the ball for 176 yards and a TD on 22 rushes. Dom Filio gained 54 yards and scored 11 carries. Josh Laurie had nine carries for 43 yards and a TD. He was 4-20 passing for 20 yards. Ryan Boyce had a 35-yard reception and Benny Piazza caught one for 34 yards.

Nate Flint had seven tackles, and with six each are Piazza, Egeling, Dave Englert and Laurie.

Also on Friday night:

  • Pembroke over CG Finney, 36-28
  • Attica, 34, Oakfield-Alabama, 21
  • Elba/Byron-Bergen, 35, Alexander, 32
  • Cuba/Rushford, 47, York/Pavilion, 22

Notre Dame hosts Holley today at 1:30 p.m.

Le Roy game photos by David Boyce.

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In 50th meeting, Le Roy downs Cal-Mum 28-3

By Howard B. Owens

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Perhaps the outcome of Friday night's 50th Le Roy vs. Cal-Mum matchup would have been very different if not for an interception deep in Le Roy territory by Reece Tresco. The Red Raiders seemed to be on an unstoppable, inevitable march toward a touchdown.

The Oatkan Knights were unable to move the ball on its set of downs and a poor punt gave Cal-Mum great field position, but the exchange seemed to give the Le Roy defense a chance to reset itself and the best Cal-Mum could muster was a field goal.

Cal-Mum never even sniffed the goal line the rest of the game and Le Roy waltzed away with a 28-3 victory.

Livingston County divisional realignment almost prevented this 50th meeting and without extrodinary efforts in the coming years, it could be the last time these two long-standing and storied rivals meet on the gridiron.

Nick Egeling and Josh Laurie led the team on both offense and defense. Egeling carried the ball 15 times for 85 yards, had one reception for 15 yards, and on defense had six tackles and an interception he returned for a touchdown that gave Le Roy its first lead. Laurie was 5-7 pasing for 159 yards and three TDs. He also rushed for 15 yards on seven carries. He had four tackles and an interception on defense.

Nate Flint's two receptions in the game, for 137 yards, accounted for two of Laurie's TD passes. The other went to Ryan Boyce on a 20-yard catch and run, giving Boyce his first score of the season (top photo).

Justin DiFalco had seven tackles, including a sack. Anthony Natrigo had five tackles. Luke Hogle had a fumble recovery to go with three tackles. 

Also on Friday night:

  • Batavia won its homecoming match up over Wayne Central, 54-0. More coverage in a separate post later.
  • Attica and Notre Dame went deep into the second quarter with a scoreless tie, before Alex Piechocki scored on an 11-yard run to give Attica a 6-0 half-time lead. With 14 more points in the third quarter, a fourth-quarter rally wasn't enough to save the Fighting Irish, who lost 20-13. Connor Logsdon was 9-15 passing for 116 yards and a TD and an interception. Jack Sutherland rushed for 105 yards and a TD on 19 carries. Luca Zambito and C.J. Suozzi each had three catches, with Zambito gaining 53 yards and scoring a TD and Suozzi going for 42 yards. Sutherland and Suozzi each had nine tackles, Logsdon five and a half, and Etan Ozborne and Caleb Wolcott, four apiece.
  • Alexander beat Pembroke, 40-7. Jake Wozniak gained 165 yards on 13 rushes and scored three times. Zach Jasen gained 30 yards and scored on three carries. Jared Browne was 4-6 passing for 57 yards and a TD. Dustin Schmeider had a TD reception of three yards. Derrick Busch had 54 yards on three receptions. Busch also came up big on defense with three interceptions for 140 return yards, including a 65-yard pick six. He also had a fumble recovery.
  • Avon beat York/Pavilion 26-14.

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Le Roy and Cal-Mum also clashed at halftime in flag football action.

To purchase prints of photos, click here.

Grand Jury: pair of DWI cases, one from Le Roy, the other from City of Batavia

By Billie Owens

Eugene L Sumeriski is indicted for the crime of driving while intoxicated as a Class E felony. On Sept. 19 in the City of Batavia, Sumeriski allegedly drove a 2010 Kia while in an intoxicated condition. In count two, he is accused of driving while intoxicated, per se, as a Class E felony, and having a BAC of .08 or more at the time. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving that day in an allegedly intoxicated condition while knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities. In Special Information accompanying this indictment, Sumeriski is accused of having been convicted of felony driving while intoxicated, per se, on Aug. 11, 2006, in Erie County. The conviction forms the basis for the suspension or revocation referred to in count three and together with an earlier revocation on Sept. 15, 2005, which was the basis for an earlier DWI conviction, indicates that Sumeriski knew or had reason to know of the prior convictions and that his driver's license was suspended or revoked as a result and that the suspension or revocation was still in effect.

Guru Kadel is indicted for the crime of driving while intoxicated, as a misdemeanor. He is accused of driving a 2010 Honda on the Thruway in Le Roy in an intoxicated condition on April 28. In count two, he is accused of the crime of aggravated unlicensed operation in the first degree for driving a vehicle while knowing or having reason to know that his driver's license was suspended pending prosecution on April 20, 2014, and at the time he was under the influence of alcohol or a drug.

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