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Police searching for guy who allegedly stole a cartload of beer from Tops

By Billie Owens

Police are responding to Batavia Commons to search for a man who allegedly stole a whole grocery cart of beer from Tops Market. The suspect is white and wearing a football jersey. He has a red car, possibly a Firebird.

UPDATE 2:22 p.m.: The car is now believed to be maroon in color. The driver is further described as wearing a blue jersey with the number 5 on the back, denim shorts and white sneakers. He's with a female who is supposedly barefooted.

Passenger who fell off roof of moving car succumbs to injuries

By Howard B. Owens

A man who reportedly climbed out onto the roof of a moving car and fell off the vehicle has died and the driver, a Le Roy resident, has been charged with aggravated unlicensed operation.

Orry Dowdell, 22, was initially transported by Mercy Flight to Strong Memorial Hospital following the accident at 3 a.m., Saturday, on Route 36, just north of Mumford.

Dowdell succumbed to his injuries over night.

Reports list Dowdell as a Wheatland resident, but he may have been living more recently in Le Roy at the Royal Apartments.

The driver of the vehicle is reported as Timothy Gorton, 25, of 2410 Leroy Caledonia Road, Le Roy.

Deputy trying to figure out what to do with cats of evicted tenant

By Howard B. Owens

A tenant of an apartment complex on East Main Street is being evicted this morning and the deputy handling the eviction said the man has four cats.

He's requested cat carriers from animal control, but the animal control officer says if the plan is to relocate the cats to the shelter, there is no room.

"That's definitely my last resort," the deouty said, adding that the tenant's mother is trying to find some place to place the cats.

Animal control is responding with cat carriers to at least act as temporary housing for the felines until more suitable arrangements can be made.

UPDATE: The deputy is apparently taking the cats to a location on Lewiston Road.

DNA links burglary suspect to pair of church break-ins in July

By Howard B. Owens

DNA test results have allegedly linked a Batavia man already suspected of stealing from a church with two more church burglaries over the summer.

John Anthony Cabrera Jr., 22, will be arraigned in city court today on two more counts of burglary in the third degree.

According to police, DNA samples gathered at the scene link Cabrera to break-ins at the First Baptist Church, 306 E. Main St., Batavia, and St. Mary's Church, 18 Ellicott St., Batavia.

Both burglaries occurred July 8.

Cabrera was allegedly caught in the act of burglarizing St. Paul's Lutheran Church on Washington Avenue on July 23.

Two days later, Cabrera allegedly escaped from the Genesee County Jail, but was apprehended before he could leave the building.

Statement from Gov. Andrew Cuomo on anniversary of Sept. 11

By Howard B. Owens

Press release:

"On this day, we mark the eleventh anniversary of the terror attacks that claimed thousands of lives and truly changed New York and our nation forever. On this day, we honor the memories and the lives of those who were killed and the families who will never forget them. We also honor the first responders who bravely put themselves in harm’s way – many of whom never returned home.

"It is also our obligation and our duty to make sure that we will always remember. As a new generation grows up without having witnessed the horror of September 11th, it is important to educate our children so they can understand the tragedy that unfolded on that day, the bravery and courage of our first responders, and the outpouring of goodwill in communities across New York and America as we recovered as one state and one nation."

UPDATE:  Statement from Rep. Kathy Hochul:

“Today as we mark the passing of another year since the September 11 attacks in 2001, we honor those we lost on that day. We recall the innocent victims taken too soon, the courage of the passengers who prevented further tragedy, and those first responders, who in doing their jobs, laid down their lives to protect their fellow Americans.

“What grew from this tragedy was an all encompassing spirit of patriotism, bonding our nation together in common purpose to move our country forward. Our endeavor today is to find that spirit once again. We must recognize that so much more binds us than divides us, and as Americans we are capable of solving the challenges of our time.

“In the memory of all who were lost on 9/11, I call on each of us to rekindle the spirit of patriotism that brought us together in our country’s darkest hour.”

UMMC moving Le Roy urgent care unit

By Howard B. Owens

Press Release:

United Memorial's Urgent Care and Diagnostic Services currently located at 3 Tountas Ave. in Le Roy will move on Tuesday, Sept. 11 to their new location at 8745 Lake Road, Le Roy.

Urgent Care and Le Roy Diagnostics will be closed on Sept. 11 for the move, and will reopen at their new location on Wednesday, Sept. 12. Patients who require laboratory, X-ray or urgent care services and usually visit the Tountas Avenue site will be welcomed at the Jerome Center at 16 Bank St. in Batavia.

United Memorial greatly appreciates the understanding of our valued patients during the moving process and looks forward to serving them again on Wednesday, when they will be greeted and cared for by the same dedicated staff members they have relied on for their diagnostic testing and urgent care services in the Le Roy community.

Care at the Le Roy Diagnostics Center and Urgent Care is provided on a walk-in basis to patients and appointments are not necessary. To reach the center by phone, please continue to call (585)768-4220. Le Roy Diagnostics will maintain the same hours of operation Monday through Friday from 7:30 a.m. to 4 p.m. Urgent Care will be open Monday thought Friday from 11 a.m. to 9 p.m. and weekends from 9 a.m. to 9 p.m.

The new location will provide greater visibility in the Le Roy community and is conveniently located.

Councilwoman upset by letter indicating she rented apartment to a registered sex offender

By Howard B. Owens

Councilwoman Rose Mary Christian spent some time the past few days fending off angry constituents, all under the impression that she rented one of her apartments to a Level 3 sex offender.

"All of the people in the neighborhood were alarmed with it and they have a right to be alarmed with it," Christian said. "But, this guy does not live, has not lived and will never live in any property I own."

"This guy" is James Chase, who was convicted in 1999 of sodomy in the first degree for sexually abusing a 13-year-old boy.

It's unclear how it came about that a notification letter was sent out to residents in the area of 220 S. Swan St., Batavia, that Chase had moved into an apartment at that location.

The city's Web site still lists the 32-year-old Chase as a resident of 7 Mill St., Batavia.

Driver suffers minor injury after car hits utility pole, overturns on Route 19, Bergen

By Howard B. Owens

A driver reportedly said she took a turn too fast causing her to lose control of the vehicle, hit a utility pole and overturn at 5:01 p.m. on Route 19 near Creamery Road.

Wendy S. Harrington, 52, of Clinton Street, Bergen, was entrapped in the vehicle but suffered only minor injuries. She was transported by Mercy EMS to Strong Memorial Hospital.

No citations are listed on the accident report.

Harrington was driving a 2003 Ford SUV.

The accident was investigated by Deputy Matthew Butler.

(Initial Report)

No students hurt when bus hit during stop on Batavia Elba Townline Road

By Howard B. Owens

No children were injured this morning when the school bus they were on was hit by a car that had been rear-ended by another vehicle.

The driver who hit the stopped vehicle blamed sun glare for lack of visibility but was cited for allegedly following too closely.

The school bus was actively involved in loading a passenger, according to the accident report, and the driver, Jessica Ann Naas, 46, of Lockport Road, Oakfield, had not turned on the bus stop lights.

The bus was stopped at 3800 Batavia Elba Townline Road at 7:14 a.m.

Cited for allegedly tailgating was Alec Richmond Seppala, 18, of Drake Street, Oakfield.

Seppala's 2001 Pontiac sedan hit a 1998 Nissan sedan driven by Steven R. Koneski, 32, of Salt Works Road, Medina.

Koneski suffered a minor injury and was transported to UMMC.

There were 15 students on the bus, ages 13 to 17.

The accident was investigated by Deputy Chris Parker.

City will spend less than expected on three new trucks for DPW

By Howard B. Owens

Batavia DPW will be able to replace three aging trucks at well below anticipated costs thanks to some money-saving programs available to the city.

Currently, the city's sewer vac truck, bucket truck and dump truck with a snow plow are all more than 20 years old.

City officials originally budgeted $712,000 to replace them.

Because the city can now purchase such vehicles through federal and county bid contracts, Batavia can save $134,000 on the dump truck and the bucket truck. Additionally, because the city won't need to lease the dump truck, Batavia will save $100,000 in interest payments.

To help with the purchase, the city will use $58,000 of recently received video lottery terminal funds.

The city had already accumulated $450,500 in the equipment replacement fund.

That leaves the sewer vac, at a cost of $283,000, which is $57,000 less than anticipated, but it will still need to be leased.

Former St. Nick's location to become Daphne's Restaurant & Lounge

By Howard B. Owens

City council approval of liquor licenses are generally routine matters, but this one is noteworthy: Daphne's Restaurant & Lounge at 341 S. Swan St., Batavia.

That's the former location of St. Nick's Social Club.

The building was recently purchased by Jeremy Yasses and after being unable to drum up interest in reestablishing St. Nick's or something similar, Yasses has leased the location to Daphne L. Cross, a former manager of Scooter's in Batavia.

The council voted unanimously tonight to support the liquor license request.

We've been unable so far to get in contact with Cross to find out more information about the new restaurant, but when we stopped by the location today, there was a good deal of remodeling taking place.

Regina Diskin named Le Royan of the Year by American Legion

By Howard B. Owens

Press release:

The Le Roy American Legion Botts Fiorito Post 576 is honoring Regina Diskin as the 44th Le Royan of the Year.

Regina is the wife of Jerry Diskin, the mother of Michael, Daniel, Lisa and the grandmother of nine. She is a graduate of Holy Family School and Notre Dame High School.

Mrs. Diskin was employed at Le Roy High School for 17 years. She held clerical positions in the attendance and guidance departments, and was secretary to the vice-principal. In 1999 she gained employment at Genesee Community College, Preforming Arts Centers as secretary and held this position for six years. Regina was chosen GCC Employee of the Month, as a part-time employee.

As a member of Our Lady of Mercy Parish, Regina is a greeter at Sunday Mass and a member of the Bereavement Committee volunteer. Earlier in their marriage, the Diskins were members of the Pre-Cana Council, and Regina served as a Bishop’s Committee member and rectory volunteer.

Mrs. Diskin was the Disaster Chairman of the Le Roy Red Cross in 1973. She chaired the lending of medical equipment to those in need in our community through the 1990s, and continues to take an active role as she learns of those in need within the community.

Currently, Regina is a board member and secretary of the Le Roy Panty and Help Fund. As secretary, she prepares lists for Christmas Distribution, as well as "thank you" notes, news releases, and gift wrapping for the past 10 years.

At present, you can find Regina at the American Legion volunteering her time. She is constant in encouraging others to taken an active part in helping the veterans.

Since joining the American Legion Auxiliary she has become president of the Le Roy Unit, Genesee County Auxiliary chaplain, and publicity chairman.  Regina makes sure that veterans are not only acknowledged on Memorial Day, Veterans Day and other holidays, but throughout the year by assisting in rides for doctor appointments, or their other everyday needs.

Regina truly enjoys helping. With every endeavor she is quick and efficient in filling the need. She loves being part of this community in every aspect of life. Whether it’s sending a care package, either within the community, or to our troops overseas, or placing a flag on a veteran’s grave, her giving back is wholehearted.

Over the decade, Regina has also served as publicity coordinator for the Le Royan of the Year Committee, therefore is pleased to announce that this year’s award dinner will take place at the American Legion 53 W. Main St. Le Roy on Saturday Oct. 6. Cocktail hour will be at 6 o’clock and dinner at 6:45. Tickets are $17 and available at the legion, local banks and from any past Le Royan of the Year.

Batavia PD looking for help in locating dog that bit boy near John Kennedy School

By Howard B. Owens

From Officer Eric Dibble:

Batavia Police are looking for assistance in locating the owner of a dog that bit a 9-year-old male on 09/10/12 around 7:30 a.m. on Vine Street near John Kennedy School. The dog owner is described as a white male with gray hair. The dog is described as medium-large, dark brown, possibly a pit bull, and possibly named "Riley." Police need to speak to the owner to verify vaccination records. The owner of this dog, or anyone with information is asked to contact Batavia Police at (585) 345-6350.

Grand Jury Report: Man charged in Le Roy burglary

By Howard B. Owens

John H. O'Shea is indicted on counts of burglary in the third degree and grand larceny in the third degree. O'Shea is accused of breaking into a residence on North Street in Le Roy and stealing items valued in excess of $3,000, including tools, brass fittings, copper wire, bronze manifolds, a galvanized garbage can, a tool bag and a camera.

Tammy M. Chojnacki is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Chojnacki is accused of driving drunk March 24 on Route 33 and Pike Road, Batavia. Chojnacki was previously convicted of DWI in Attica in October, 2007.

Jason W. Wolf is indicted on counts of felony DWI, felony driving with a BAC of .18 or greater and aggravated unlicensed operation in the first degree. Wolf is accused of driving drunk on Route 77 on March 18. Wolf has a prior DWI conviction in Septermber, 2007.

Judge Road reopened today by DOT

By Howard B. Owens

Route 63/Judge Road in Oakfield, closed for three weeks after a sink hole developed, was reopened today by the Department of Transportation.

Lori Maher, spokeswoman for the DOT said officials determined that the sink hole was the result of minor settlement and probably exacerbated by dry weather, which lowered the water table.

The situation has been "remedied" Maher said and the detour removed.

PHOTO: Not previously published, taken a week ago.

Fire alarm in Spruce Hall at College Village

By Billie Owens

A fire alarm has sounded in Spruce Hall at College Village. Town of Batavia firefighters are responding. The address is 8170 Batavia-Stafford Townline Road.

UPDATE 9:02 p.m.: Firefighters on scene report "nothing showing."

UPDATE 9:06 p.m.: The chief says a second unit should search the center of the building for burnt food. "Looks like they were fryin' food a little too hot," says a firefighter. They've checked Room 206 and found nothing, but then checked G105 and found evidence of smoke. "It seems to be coming from the heater, but the heater hasn't been turned on for several hours."

UPDATE 9:27 p.m.: The alarm is deemed unfounded. Town of Batavia is back in service.

Rollover accident reported earlier on Route 19 near Peachy Road, Bergen

By Howard B. Owens

While we were off-line: At about 4:38 p.m., Bergen Fire Department was dispatched to a report of a one-vehicle rollover accident with entrapment. The car reportedly struck a pole before rolling over. Route 19 between Creamery and Peachy roads was closed for more than an hour. There were no serious injuries.

The Batavian off-line during massive cyber attack

By Howard B. Owens

Some time before 1:30 p.m., the company that handles a good portion of routing Internet traffic was attacked.

Traffic reaches Web sites through what are known as Domain Name Servers. TheBatavian.com's traffic direction is handled by GoDaddy.com.

That site was targeted by an apparent denial-of-service attack (overwhelming servers with a bunch of meaningless data).

A person with a Twitter account of @AnonymousOwn3r claimed responsibility for the attack, though there is no confirmation that he or she engineered the attack. The attacker claims to be a leader in the cyber-anarchist group known as Anonymous, but several known members of Anonymous on Twitter have mocked his claim and denied any connection between Anonymous and the attack.

The good news is, since I'm able to post this, we are back online.

Millions of Web sites went off-line today because of the attack. A company of GoDaddy's size should really have stronger security than the success of, and duration of, this attack suggests.

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