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Law and Order: Teen arrested after allegedly allowing unlicensed 15-year-old to drive

By Billie Owens

Brian John Flynn, 18, of North Road, Freedom, is charged with endangering the welfare of a child and permitting unlicensed operator. Flynn was arrested at 11:58 p.m. on July 26 on Alleghany Road in Pembroke following a traffic stop near Vision Parkway. An investigation revealed that Flynn allegedly allowed an unlicensed 15-year-old to operate the vehicle. There were three people inside the vehicle under the age of 17 at the time of the stop and the vehicle was apparently taken without the registered owner's knowledge. An investigation is continuing and more charges are possible. Flynn is due in Town of Pembroke Court on Aug. 23 to answer the charge. The case was handled by Deputy Patrick Reeves.

Brandon J. Henley, 23, of Buffalo, was arrested at 1:32 p.m. on July 28 following a traffic stop for speeding on Route 77 in Corfu. Corfu Village Police Officer Michael Petritz initiated a traffic stop for speeding (48 mph in a 35-mph zone) and upon interviewing the driver and passenger, Officer Petritz allegedly detected a strong odor of burnt marijuana emanating from the vehicle. The passenger admitted to possessing the marijuana cigarettes found in the vehicle. Henley was charged with unlawful possession of marijuana and issued an appearance ticket for Aug. 1 for the Village of Corfu Court.

One person arrested at Heart concert for allegedly grabbing security guard by the throat

By Billie Owens

The following person was arrested by the Genesee County Sheriff’s Office during the Heart concert at Darien Lake Performing Arts Center on July 27:

Rahquan D. Daughtry, 24, of Clinton Avenue, Rochester, was arrested for second-degree harassment after allegedly grabbing a security guard by the throat. Daughtry is set to appear in Darien Town Court at 4 p.m. on Tuesday, Aug. 9. 

This information was provided by Genesee County Sheriff's Sgt. Thomas A. Sanfratello.

Latest N.E.T. detail in the city results in four arrests for pot

By Billie Owens

Press release:

On July 20, uniformed members of the City of Batavia Police Department along with members from the Genesee County Local Drug Enforcement Task Force (comprised of members from the Genesee County Sheriff's Office, Le Roy Police Department and City of Batavia Police Department), the Genesee County Probation Department and uniformed members of the Genesee County Sheriff's Office conducted a N.E.T. -- Neighborhood Enforcement Team -- detail in the City of Batavia.

The detail focused on quality-of-life issues, drug enforcement, warrant checks and probation checks in targeted neighborhoods.

The following arrests were made:

  • A 17-year-old male of Batavia was charged with one count of unlawful possession of marijuana (a violation) and criminally using drug paraphernalia (a Class A misdemeanor) following a traffic stop
  • A 17-year-old male of Batavia was charged with one count of unlawful possession of marijuana (a violation) following a traffic stop;
  • John Burns, 26, of Erie, Pa., was charged with unlawful possession of marijuana (a violation) following a traffic stop;
  • David Draper, 36, of Batavia, was charged with unlawful possession of marijuana (a violation) and driving while ability impaired by drugs (a misdemeanor) following a traffic stop;
  • Officers conducted 21 parole checks where Probation officers located: one Probation violation; conducted 37 traffic stops; and issued 20 traffic tickets for various violations.

WROTB enters transition phase as Kane presides over final meeting

By Mike Pettinella

Michael D. Kane shares a moment with Pauline Andrews, his executive secretary, following today's Western Regional Off-Track Betting Corp. board meeting at Batavia Downs Gaming. Kane is retiring after five years as the corporation's president and chief executive officer. Photo by Mike Pettinella.

Western Regional Off-Track Betting Corp. directors this morning (Thursday, July 28) said farewell -- sort of -- to President and Chief Executive Officer Michael D. Kane at their monthly meeting at Batavia Downs Gaming.

Kane is retiring after a 17-year affiliation with Batavia Downs, including the last five as the president/CEO. The Dansville native (and former mayor of the Livingston County village) presided over his final meeting today, but will continue on for an indefinite period as advisor to the corporation's new president, Henry F. Wojtaszek, of North Tonwanda, who was promoted to the position after serving as general counsel to the board.

Directors and executive staff members had nothing but great things to say about Kane's work.

"Speaking for the board and our employees, I would like to thank Mike for his leadership and guidance that he has provided to us to take this corporation into the future," said Michael P. Nolan, WROTB chief operating officer. "Furthermore, it is important that we will be able to use his knowlege as he continues on in an advisory capacity."

The board authorized a weekly salary of $1,000 for Kane's services.

Board Chairman Richard Bianchi called Kane a "loyal and dedicated employee," who elevated Batavia Downs to its current level of success and "brought this board together better than I've ever seen it since 2003."

At the close of the meeting, the board celebrated the retirements of Kane and Barbara Hanft, executive assistant to the comptroller, with a birthday cake. Hanft will retire in September after 36 years with the corporation.

In other developments:

-- Nolan reported that the Batavia Downs Gaming Hotel is expected to open by the second week of September, adding that crews will be installing furniture in the rooms starting at the fourth floor and working their way to the first floor. The $7.5 million, 84-room hotel is being built by ADK Hospitality, a group of Buffalo investors.

-- The Downs' valet parking area has been moved from the south side of the facility to the front, and the parking lot will be reconstructed in certain areas in the coming weeks to make it safer for pedestrians entering the Park Road building, Nolan said. He also said a temporary covering over the entrance, which will mimic the completed project, will be in place within the next few months.

Valet Parking Update -- 6:30 p.m.: Downs' officials announced via Facebook that the valet parking will return to the south entrance due to concerns voiced by their patrons.

-- Nolan and five other WROTB representatives will be traveling to New York City to meet with officials of Fan Dual, a fantasy sports contest that will be offered at Batavia Downs. "We are looking to integrate our business relationship (with Fan Dual) in order to be up and running, when and if the governor (Andrew Cuomo) signs the bill."

-- WROTB's second quarter distributions to its Western New York counties totaled $867,364, about 21 percent more than earnings distributions for the same time period last year. In June, the surcharge for distrbution was $122,000 and earnings were $227,000. EZ Bet (wagering through terminals at sports bars) year-to-date handle is up $38,000 from 2015, and Batavia Bets (online wagering) was up 36 percent in June, 10 percent this mornth and 10 percent for the year.

-- The board welcomed a new director -- Elliott Winter, of Niagara County.

Local student wins Youth Court scholarship

By Howard B. Owens

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Press release:

Kelsey Scott-Avery, a Genesee County Youth Court member who recently graduated after being homeschooled, won the Association of New York State Youth Court’s Judge Judith Kaye Memorial Scholarship.

Judge Judith Kaye was the first woman to serve as the New York State’s Chief Justice and the longest-serving Chief Justice, who unfortunately passed away in January.

Judge Kaye was an advocate for the Youth Court System and she lived the example that when you are inspired to act, do it. She was inspired by youth courts in Alaska and she brought that inspiration to New York. 

To qualify for the scholarship, the youth court member must be a graduating senior and a member of a Youth Court Program that paid membership dues to ANYSYC in 2015.

The applicant must enroll in a two- or four-year program at an accredited college/university. The individual must be of good moral character, have demonstrated civic responsibility through volunteerism, and have a good strong desire to make a contribution to his/her community. The process included an application, an essay specified in the honor of Judge Kaye. Applicants were to write on the topic of how they plan to impact their field of study the way Judge Kaye impacted the court system.

On behalf of ANYSYC, Kelsey was awarded $500 to put toward her college education. She will be attending Genesee Community College and transferring to a four-year university to become a school counselor.

Photos: Heart with special guests ROCKED Darien NY

By Steve Ognibene

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Over 40-plus years and millions of albums sold the Wilson sisters -- brunette lead singer Ann and blond lead guitarist Nancy -- didn't miss a beat, as they kept the crowd dancing in the aisles last evening with their band Heart at Darien Lake Performing Arts Center.  

Hands waving, cell phones were overheating amongst many followers engaged in some of the band's greatest hits like, "Magic Man," "What about Love," "These Dreams," "Crazy on You" and "Barracuda."

Cheap Trick and Joan Jett and the Blackhearts opened for Heart tonight with some famous songs by each band, "Dream Police," "I Want You to Want Me" from Cheap Trick. Joan Jett played some classics, "Cherry Bomb," "I Love Rock 'n’ Roll," and "I Hate Myself for Loving You."

Next concert is tomorrow night featuring G-Eazy & Logic: The Endless Summer Tour, with guests YG and YO Gotti at 6:30.

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Two victims reported in motorcycle accident in Darien

By Howard B. Owens

A motorcycle accident is reported on Sumner Road near Walker Road, Darien.

There are reportedly two victims.

Darien fire, Darien ambulance responding.

UPDATE 11:23 p.m.: Mercy Flight requested to the scene for both patients.

UPDATE 11:27 p.m.: Mercy Flight #5 out of Batavia and Mercy Flight #9 out Buffalo responding.

UPDATE 7 a.m. (July 28): Injured in the crash were Eric Brumstead, 55, of Bethany, and Andrea Farruggla, 43, no address provided. According to an accident report prepared by Sgt. Greg Walker, Brumstead was allegedly eastbound on Sumner Road at a high rate of speed and failed to negotiate the curve in the roadway at Walker Road. His 2001 Honda motorcycle became airborne and both the driver and passenger were ejected. Both were flown to Strong Memorial Hospital. Possible charges are pending.

New tardy policy for student athletes at BHS intended to help students improve academic performance

By Howard B. Owens

Student athletes deserve every opportunity to be successful, said Batavia High School Athletic Director Micheal Bromley at Tuesday evening's Batavia City Schools board meeting, which is why the district needs a tighter tardy policy for those students participating in school sports.

About 54 percent of Batavia's students are involved in athletics during at least one season of the school year, so a stronger tardy policy will have a positive impact on academics overall, Bromley said. 

"We want our students to be successful," Bromley said. "To be successful, they need to be in school."

The proposed policy will require student athletes to be on time for their first class of the day. If they're even five minutes late, it's a tardy. They get two freebie tardies during the season. A third tardy means they can't participate in the next practice or athletic event.

Currently, there are no consequences if the student arrives by at least 11 a.m., which means they miss the first two blocks of classes.

There were seniors this year, Bromley said, who were in danger of not meeting academic standards for graduation.

Bromley thinks the change this fall will be a big adjustment for students and their parents. He expects some push back but wants to deliver the message that this policy will help students and their teams succeed.

"We want you to be here," Bromley said he would tell the students. "We want you to represent our school. It's a great honor. With that comes responsibility. Athletics teaches life skills and life skills include being on time, being responsible, being respectful to your coach and your teammates by doing the right things."

The need for a policy change arose, Bromley said, because of frustrations expressed by coaches and teachers.

Many teachers questioned how students could represent the school in athletic events while not showing up regularly to classes, he said.

"We're not trying to be mean here," Bromley said. "We just want people to be here. Teachers are very frustrated when students don't show up for the first block of the day."

School board members responded favorably to the new policy, which was crafted by a committee of school officials who looked at policies from several area school districts before crafting the one presented to the board.

The policy is intended to be both stricter than what exists now, but also flexible. The two freebie tardies recognize that things happen -- cars break down, assignments are forgotten at home and need to be retrieved, family members get sick and hold things up, etc., but student-athletes also need to be held accountable if they want to faithfully represent the community in competition.

The policy will be evaluated during the fall, comparing this fall's data with data from previous fall seasons to see if tardiness is reduced and attendance is improved. If the policy works and is refined, it could be rolled out to cover students participating in other extracurricular activities.

Policy summary:

  • Student athletes will get two free tardies each sports season, fall, winter and spring.
  • A third tardy will result in the student not being allowed to participate in his or her team's next athletic event, be it practice or game.
  • A tardy can be excused by a doctor's note; parental notes will not be accepted as an excuse.
  • The tardy clock begins as soon as the bell rings for the first class of the day.

Photos: 7-on-7 drills at Batavia HS

By Howard B. Owens

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Batavia High School, led by Head Coach Brennan Briggs, has been hosting 7-on-7 drills for the past few weeks as players get ready for the fall football season.

Yesterday, Batavia's varsity and JV teams participated along with Medina and Oakfield-Alabama combined with Elba. On some Tuesdays as many as six teams from throughout the region have participated.

Mini-camps open in two weeks, followed by pre-season camp and, then, the season.

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Photos: Josh Groban, Sarah McLachlan in Concert

By Steve Ognibene

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American singer, songwriter, actor, Josh Groban performed last evening at Darien Lake PAC in front of a contemporary, light-spirited crowd of six thousand people. His last appearance was in 2011 in Buffalo. He performed some hits like “You Raise me Up” and from musicals “Somewhere over the Rainbow,” and “Le Temps des Cathedrales.” 

Sarah McLachlan performed two duets with Josh, one being her own “Angel.” She was the lead opener with songs like "Building a Mystery," "I will Remember You" and "Sweet Surrender." Foy Vance opened for Sarah McLachlan.  

Next concert is tonight featuring Heart with Joan Jett & the Blackhearts and Cheap Trick, 6:30 p.m.

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Sarah McLachlan

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'Battle of the Badges' blood drive set for Aug. 11 at Quality Inn & Suites

By Billie Owens

The debut of a community blood drive dubbed "The Battle of the Badges" will take place from noon to 7 p.m. on Thursday, Aug. 11, at Quality Inn & Suites, 8250 Park Road, Batavia.

It's being presented by Tompkins Financial for the American Red Cross.

The question looms: Who will be the 2016 First Responder Champion for the premiere of this contest?

A Trooper? Sheriff's Deputy? A city or village Police Officer? City firefighter? A volunteer for a town fire department? A Mercy EMS technician? Ambulance personnel?

All help save lives on the job and by donating blood, they help save lives off the job, too.

For appointments, please call 1-800-RED CROSS (1-800-733-2767) or sign up online at redcrossblood.org

Expertise wanted on ways to help communities become healthier, RSVP by Aug. 2

By Billie Owens

Press release:

Employees of community service agencies and professionals are wanted to provide their expertise to help our communities become healthier. 

The Genesee, Orleans and Wyoming County health departments, along with United Memorial Medical Center and Orleans Community Health are updating the Community Health Improvement Plan and Community Services Plans.

They invite you to participate in a conversation to help shape future efforts to imporve current health concerns. Bring your suggestions for how challenges can be met!

There will be a forum to discuss challenges and options from 9 a.m. to noon on Tuesday, Aug. 9, at the Genesee County Building #2 -- Foyer Conference Room, on West Main Street Road in the Town of Batavia.

Light refreshments will be provided.

To attend, please RSVP by Aug. 2 to:

Colleen.Bober@co.genesee.ny.us

Household Hazardous Waste Collection event to be held Sept. 17 in Batavia, appointment required

By Billie Owens

Press release:

The GLOW Region Solid Waste Management Committee is pleased to announce that it will hold a single Household Hazardous Waste Collection on Saturday, Sept. 17, in Batavia.

Funding is provided by GLOW’s County contributions and a grant from the NYS Dept. of Environmental Conservation with assistance from the Genesee County Sheriff’s Department and Covanta Niagara. Residents from Genesee, Livingston and Wyoming counties are eligible to participate.

Materials accepted include household cleaning products, pesticides/insecticides, oil base paint/stains, vehicle batteries and fluids (except motor oil), oil filters, pool chemicals, driveway sealer and home computers, TVs & microwaves FREE OF CHARGE. (NOTE: NO MORE THAT TWO (2) CRT TVs AND/OR MONITORS PER REGISTRANT CAN BE ACCEPTED.)

Passenger/light truck tires will be accepted for $4 each and truck tires for $10.

For the seventh year, pharmaceutical waste -- outdated, unwanted or unusable medicines -- will be accepted.

Items that will not be accepted include latex paint, used motor oil, empty containers, asbestos and household batteries.

Appointments are required on a first come, first serve basis. A total of 600 spots are available. Details and additional information can be obtained by calling the GLOW office at 585/815-7906 or 800/836-1154 or 585/344-2580, ext. 5463.

“Collections such as this provide residents with an excellent opportunity to safely dispose of materials they no longer want or need and that have the potential to harm the human and environmental health," said Peggy Grayson, GLOW’s recycling administrator.

"The addition of medicines helps not only the environment but other sectors of the community such as law enforcement and the public. The GLOW Committee is happy to offer the collection of medicines to the program and hopes that residents will take full advantage of the opportunity to rid their homes of these hazards."

Sheriff's Office seeks public's help in solving rash of ATV thefts

By Billie Owens

Press release:

The Genesee County Sheriff's Office is currently investigating the thefts of several all-terrain vehicles.

At least 10 four-wheel ATVs and one Kubota side-by-side full cab have been reported stolen.

These vehicles inlcude two child-sized models as well.

The ATVs have been moved with and without the key. The thefts have occurred throughout most of Genesee County within the past month.

The Sheriff's Office is asking for the public's assistance in reporting any suspicious activity or individuals involved in the larcenies.

Anyone with information is requested to contact the Genesee County Sheriff's office at (585) 343-5000. Information provided may remain confidential.

Sponsored Post: 21 Church Street - A great home in the Village of Elba! Call Reliant Real Estate today!

By Lisa Ace

A lot of house for the money and priced below assessment. These owners are serious and priced it to sell! Must see inside to appreciate. Updated roof, siding and windows. Extra family room, gas stove in living room. Galley style kitchen. Laminate floors plus some with carpeting. Nice back yard, recently landscaped front yard with new porch-just a great Village home! Call Lynn Bezon at Reliant Real Estate today at 585-344-4663 or click here to view the full listing.

Global Big Latch On breastfeeding event set for Aug. 5 at Jerome Center, Batavia

By Billie Owens

Press release:

For the second year in a row, local health care organizations, Rochester Regional Health United Memorial Medical Center and Oak Orchard Health will be hosting an event for breastfeeding mothers that will attempt to break international records as well as raise awareness on the important health benefits of breastfeeding.

Pregnant women, breastfeeding mothers and their children are invited to attend the event that will be held from 9:30 a.m. to noon at the Jerome Center at 16 Bank St. in Batavia on Friday, Aug. 5.

It's part of the Global Big Latch On, a synchronized breastfeeding event that will include thousands of breastfeeding women and their babies/children across the world. In addition to the 10:30 a.m. count, the Latch On event at the Jerome Center will also have Foodlink’s Curbside Mobile Market, a baby clothing swap, refreshments, freebies, face painting, car seat check, and door prizes.

Anyone who wishes to donate gently used baby clothing for the swap can drop it off at Oak Orchard Health WIC at 314 Ellicott St. in Batavia by Aug. 4 or bring it to the event. Attendees can register at the event or pre-register at www.biglatchon.org

The Global Big Latch On was organized by the World Alliance for Breastfeeding Action as part of World Breastfeeding Week to raise awareness on the important health benefits of breastfeeding. Breastfeeding contributes to the normal growth and development of children, and children who are not breastfed are at increased risk of infant morbidity and mortality, adult obesity, diabetes, cardiovascular disease, osteoporosis, and premenopausal breast cancer and ovarian cancer.

The World Health Organization recommends breastfeeding exclusively for the first six months of a baby's life to optimize these benefits, continuing to breastfeed for 2 years and as long thereafter as is mutually desired by a woman and her child. World Breastfeeding Week will take place Aug. 1-7.

Genesee County AmeriCorps looking for host site agencies, get details Wednesday morning at Senior Center

By Billie Owens

Press release:

The Genesee County Youth Bureau has been notified that our AmeriCorps application has been approved for another year of funding by the Corporation for National and Community Service.

As a result of this good news, we have begun planning for year 13 of our program, which will start on Oct. 1. As part of this process, nonprofit and government agencies are invited to attend an information session to receive details about AmeriCorps.

Presentations are being held at the Hoag Library in Albion on July 25, the Wyoming County Agriculture and Business Center in Warsaw on July 26 and the Genesee County Senior Center, located at 2 Bank St. in Batavia, from 10 a.m. to noon on Wedensday, July 27.

Organizations have utilized AmeriCorps members for a variety of projects. Assignments include activities that fall under one or more of these focus areas: healthy futures fitness and nutrition education for youth, environmental stewardship education and agency capacity building. Host sites complete a proposal that outlines the duties for each position. Members can create new programs or enhance existing services, and their work can benefit different parts of your agency. 

Proposals requesting members to begin serving this fall are due by Aug. 19. Member recruitment and selection will begin after that date. Please contact Kathy Frank at 585-344-3960 or Kathy.Frank@co.genesee.ny.us for more details about the information sessions or to discuss options for your organization.

Law and Order: Dump truck driver from Scio charged with false personation, inmate arrested in jail fracas

By Billie Owens

Jeremy Michael Depasquale, 26, of Pixley Hill Road, Scio, is charged with false personation. At 6:15 p.m. on July 22, a dump truck was stopped on Route 33 in the Town of Pembroke for an equipment violation. Investigation revealed that the driver's license was suspended. The defendant who was the owner of the dump truck arrived on scene and allegedly identified himself to officers with a false name in an attempt to make officer believe that he possessed a commerical driver's license to drive the truck. Depasquale was arrested, arraigned in Town of Pembroke Court, and jailed on $5,000 cash bail or $10,000 bond. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Trooper Kosowski and Trooper Hansel.

Michael Shawn McKenzie, 27, of West Main Street, Batavia, is charged with second-degree harassment -- physical contact. At 7:50 p.m. on July 23, McKenzie was arrested for second-degree harassment following a physical distrubance at the Genesee County Jail. He was issued an appearance ticket for July 25 in City of Batavia Court. The case was handled by Sheriff's Deputy Ryan DeLong.

On Jan. 17, 'Move-Over' law to also include stopped vehicles of volunteer firefighters and EMS

By Billie Owens

Press release from the Genesee County Sheriff's Office:

The Governor has signed into law amendments to the Vehicle and Traffic Law extending the current "Move-Over" law which require drivers approaching stopped police, emergency or hazard vehicles with their lights flashing to slow down and, if on a divided highway, to move over at least one lane away from that vehicle if traffic conditions allow. Below is a summary of these amendments, which become effective Jan. 17 (180 days after new law was signed).

It is important to understand that the purpose of this law is to increase the safety of those people who are working on the shoulder and along the edge of the road. Slowing down and putting distance between your passing vehicle and people in close proximity to any road increases the time you have to react.

However, moving over should never endanger others on the highway. Sudden movement or braking in an attempt to "move over" when it is not safe to do so must be avoided. When you see emergency or hazard lights ahead, immediately assess the traffic around you and plan a safe and gradual movement while using proper signals.

Our roads and highways are a wonderful convenience but they are also one of the most dangerous places to be. Please put away all distraction and concentrate on the very serious task of driving.

Chief Deputy Gordon Dibble

 

From the Law Offices of Mark C. Butler, PLLC, Williamsville

Client Advisory Regarding New "Move Over" Law for Parked, Stopped or Standing Vehicles Displaying a Blue or Green Light:

Dear Client:

Yesterday (July 21) the Governor signed into law amendments to the Vehicle and Traffic Law ("VTL") extending the current "Move-Over" law, which requires drivers approaching stopped police, mergency or hazard vehicles with their lights flashing to slow down and, if on a divided highway, to move over at least one lane away from that vehicle if traffic conditions allow.

The new provisions extend that law to vehicles operated by volunteer firefighters and volunteer ambulance workers involved in roadside emergency operations, which are displaying revolving blue or green lights as authorized by law.

The law amends three sections of the VTL, principally section 1144-a by creating a new subsection (c) that requires in relevant part "Every operator of a motor vehicle shall exercise due care to avoid colliding with a vehicle displaying a blue light ... or a green light ... which is parked, stopped or standing on the shoulder or any portion of such highway. For operators of motor vehicles on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the should where such vehicle displaying a blue light or a green light ... [that] is parked, stopped or standing to another lane..."

(The new law is included in Chapter 97 of the Laws of 2016.)

The letter continues...

Our counsel is that this new law should be read narrowly: that it applies ONLY to fire and EMS vehicles with an authorized blue or green light as the case may be which are PARKED, STOPPED or STANDING. This law does NOT apply to such vehicles while moving!

As with the original "Move-Over" law, a violation can result in a fine between $150 and $400 and/or up to 45 days imprisonment as well as DMV administrative penalities.

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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