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Car backs into residence on Chestnut Street

By Billie Owens

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A single-vehicle accident is reported on Chestnut Street in the City of Batavia. No word on injuries.

A car reportedly went off the road at 3 Chestnut St., struck a utility pole, careened through a front porch, and stopped at 1 Chestnut St.

City police, fire and Mercy medics are on scene.

UPDATE 10:40 p.m. (by Howard): The vehicle was backing out of a driveway from a residence across from 3 Chestnut. Police are investigatng and have yet to determine why the car backed up, at an apparent brisk rate of speed, over the curb, struck a utility pole, then the porch of 3 Chestnut. It sheared off the driver's side door, which was apparently partially opened, and then struck a parked SUV at 1 Chestnut. The vehicle at 1 Chestnut sustained minor damage. No injuries were reported at the scene of the accident but an ambulance was dispatched to Batavia PD to evaluate somebody who was in an accident (we are unsure if this is the same accident). Sgt. Dan Coffey said at this time police have no idea what happened or why, and they are investigating.

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Duo accused of forcing their way into Alexander home, attacking resident

By Howard B. Owens
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      Amber Holland
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     Jennifer Martino

Two women are in custody following an apparent confrontation inside another person's home in Alexander at 5:28 p.m., Tuesday.

Arrested were Jennifer Martino, 42, of Pearl Street, Batavia, and Amber Holland, 35, of Cambridge Square, Buffalo. They were charged with second-degree robbery, second-degree burglary, criminal mischief, 3rd, endangering the welfare of a child, and criminal mischief, 4th.

According to the Sheriff's Office, the duo forced their way into the home of an acquaintance. Once inside, investigators said, there was a physical confrontation. The duo also allegedly damaged property and stole property belonging to the resident.

Martino and Holland allegedly prevented the victim from calling 9-1-1 by taking the person's mobile phone. 

One of the occupants of the home was reportedly a 12-year-old child.

No significant injuries were reported.

Following the report, deputies located a vehicle with Holland and Martino inside and Holland driving. She was also charged with DWI, failure to submit to breath test, and unlawful possession of marijuana.

The pair were arraigned in Alexander Town Court and jailed on $10,000 bail or $20,000 bond each. Holland was also arraigned in City Court and ordered held on the DWI charge on $2,500 bail.

The investigation was conducted by Deputy Micheal Lute, Deputy Kyle Krzemien, and Investigator Joseph Graff.

Police looking for hit-and-run driver who struck jogger on Richmond Avenue

By Howard B. Owens

STORY UPDATED: 12:30 p.m.

Police are trying to locate the driver of a vehicle that struck a jogger on Richmond Avenue near the Blind School at 5:09 a.m., Friday.

Batavia PD is unable to provide a vehicle description or information on whether the vehicle was damaged. 

A Good Samaritan who stopped to assist the jogger, Rosemary Demske, did not see the vehicle that struck her. He thinks.

Glen Enouen, an employee of Scalia's Landscaping who was working that morning driving a snowplow truck, said he was heading back to his route after going to the company's shop on Bank Street Road to repair a plow controller. Heading back, he turned the corner on Richmond and found a car stopped in the middle of the road.

The driver told him a woman had just been struck by a car.

He said he and the other man helped Demske into his plow truck and Enouen proceeded to call 9-1-1.

Asked if the car driver might have been the driver who struck Demske, he said he didn't know. 

"Other than he said, 'don't bother with the phone' and he didn't stick around, I don't know," Enouen said. He said the driver disappeared as soon as he heard sirens.

"I didn't see him leave," Enouen said. "I heard the sirens, looked around and he was gone."

Enouen said he didn't take a good look at the car.

"I didn't have any reason at the time to look deeper than helping that lady out," Enouen said.

A family member said Demske and her husband, John, are avid joggers. 

"They both are very generous with their time volunteering in the community," said her sister-in-law, Michele Bettendorf. "Rosemary is a special education aide in the Batavia School District. She also volunteers at the Genesee Animal Shelter and is involved in their Pet Therapy Program. She is an active member of Resurrection Parish serving as Eucharistic Minister/RCIA Instructor."

When Demske was struck she was thrown to the other side of the street, Bettendorf said.

She suffered a broken tibia, her entire left side was bruised and she has two black eyes, Bettendorf said.

"Rosemary is very thankful that he (Enouen) was there to help her," Bettendorf said.  

Anyone with information that may assist in the investigation is asked to call Batavia PD at (585) 345-6350 and ask to speak with a supervisor any time of day or night.

In a press release, police officials said, "As a reminder to residents please keep sidewalks shoveled for pedestrians. Pedestrians please use sidewalks and if you have to be on the roadway walk facing traffic with reflective outerwear."

'Boots & Bourbon' benefits Arc of Genesee Orleans

By Howard B. Owens

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Earlier this month, Batavia Bootery hosted "Boots & Bourbon," a special event where guests could taste-test various bourbons and shop for shoes and boots at the store.

The store donated $15 from every pair of boots and shoes sold to the Arc of Genesee Orleans, raising $635.

Yesterday, Don Brown presented the check to Shelley Falitico, director of Development & Community Relations for Arc.

City will pick up Christmas trees by the curb throughout January

By Billie Owens

Press release from the city's Bureau of Maintenance:

The City of Batavia will be picking up Christmas trees during the month of January as weather and operations permit.

Important information regarding Christmas tree removal:

  • We can only pick up real trees. No artificial trees.
  • Residents are to place trees in the parkway near the curb. Keep trees out of the roadway and clear of sidewalks.

  • Residents placing trees out will strip the trees of all decorations, lights, stands and bags. These items damage chipping equipment. Contact your waste disposal company for information on the proper disposal of these items.

  • If high winds are forecasted, delay putting trees out until after winds have subsided. Trees in the road and across sidewalks are a hazards to motorists and pedestrians.

  • Keep trees free of snow and ice so they are visible and do not become frozen to the ground.

  • Please, have trees out for pick up before Jan. 31 (last day of pickup).

First responders get pizzas of thanks while working on Christmas Day from Batavia's Original

By Howard B. Owens

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City firefighters, above, were among the firefighters, medical personnel, and police officers who received free pizza today from staff members of Batavia's Original, while they worked on Christmas Day.

This is the third year Tom Scott, one of the managers at Batavia's Original, with the support of owner Kathy Ferrara, led members of the staff in the donation of pizza to first responders on Christmas Day. Helping this year were Bailee Welker and Marc Tillery.  

Pizzas were delivered to City Fire, Batavia PD, the Sheriff's Office, UMMC, and State Police.

Photos by Marc Tillery.

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Car into a tree accident reported on the Thruway in Batavia

By Howard B. Owens

A car has reportedly hit a tree near mile marker 393.7, off the eastbound lane of the Thruway.

There was airbag deployment.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 11:30 p.m.: Occupants are out of the vehicle. Ambulance can respond non-emergency for patient evaluation.

UPDATE 11:40 p.m.: Assignment back in service.

Sponsored Post: Dolce Panepinto works tirelessly to protect the rights of injured workers

By Lisa Ace

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at 585-815-9003.

Below are some previous litigation highlights: 

  • A $1.275 million settlement was reached during trial for a plasterer/drywall finisher who was injured while working inside of a building. Our client suffered serious injuries to his back, neck, knee and wrist as a result of a fall down a wet staircase, a condition that had been created by the building owner. 
  • A $1.25 million settlement was reached on behalf of a satellite dish Installer who suffered a herniated disc in his back. Our client was performing an installation when icy conditions at his work site caused him to fall. 
  • A $1.2 million verdict was reached on behalf of a Laborers’ Local 210 laborer who suffered serious shoulder and neck injuries as a result of a fall at a job site. Our client was performing renovation work in an existing structure when the ceiling collapsed onto him, knocking him off his ladder and down onto the ground.
  • A $950,000 settlement was reach on behalf of a roofer who suffered back, shoulder, and knee injuries. Our client was removing an existing roof from a commercial structure when it collapsed beneath him sending him crashing through to the concrete below. 

Call Kristin Allen at 585-815-9003 for any of your workers’ compensation needs.

Local malts used in 'Rivalry IPA,' celebrating Bills-Patriots rivalry

By Howard B. Owens

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Harpoon Brewery in collaboration with Big Ditch Brewing is releasing a new beer this month, Rivalry IPA, to celebrate the long-standing rivalry between the Buffalo Bills and New England Patriots. It was released just before today's game between the two teams.

One hundred of the malts used in the beer come from Batavia-based New York Craft Malts, the malting house of Ted and Patricia Hawley on Bank Street Road.

The IPA will be available in taprooms throughout WNY and New England just days before the big game.

Photo courtesy Ted Hawley.

Photos: Christmas lights in Batavia

By Howard B. Owens

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Tonight I took a quick trip around the City of Batavia and took a few pictures of Christmas light displays.

Merry Christmas.

Above, 209 Bank St.

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261 State St.

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108 Ellsworth​ Ave.

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105 Ellsworth Ave.

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27 Manhatten Ave.

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12 Washington Ave.

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211 Richmond Ave.

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17 Redfield Parkway

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15 Redfield Parkway

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30 Roosevelt Ave.

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29 Roosevelt Ave.

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South Pearl Street

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16 Kibbe Ave.

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201 Liberty St.

N.Y. Army Guard Elizabeth Taylor, an Alexander native, sends holiday video greeting from Ukraine

By Billie Owens

Press release:

A video Christmas greeting from New York Army National Guard Spc. Elizabeth Taylor, a native of Alexander who is deployed to Yavoriv, Ukraine, has been posted on the Department of Defense's Video Imagery Information Distribution System (DVIDS) and for media use for registered news organizations.

The short video -- a "holiday shout out to family back home in Batavia" -- can seen above. 

Taylor is one of 220 Soldiers from the New York Army National Guard's 2nd Squadron, 101st Cavalry and the 27th Infantry Brigade Combat Team assisting in the training of Ukrainian Soldiers at the Yavoriv Combat Training Center as members of the Joint Multinational Training Group-Ukraine.

The training is designed to reinforce defensive skills of the Ukrainian Ground Forces in order to increase their capacity for self-defense.

The soldiers mobilized in October and have been deployed to Ukraine since December.

Pedestrian reportedly hit on Thruway

By Howard B. Owens

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A pedestrian has reportedly been hit on the Thruway in the eastbound lane near mile marker 387.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 1:39 p.m.: It also sounds like a vehicle accident is also being reported near mile marker 386.

UPDATE 3:11 p.m.: All we could get from a trooper at the scene was one person injured. At least two vehicles were involved. The pictures are from mile marker 386.

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Possible injuries in accident on Thruway in Batavia

By Howard B. Owens

A car is off the road and a caller reports the driver appears to be injured in the area of mile marker 386.6 on the Thruway in the Town of Batavia.

Town of Batavia fire and Mercy EMS dispatched.

End of net neutrality won't change unlimited data plans for customers of Empire Access

By Howard B. Owens

While many Americans are worried about higher broadband costs or diminished service following the repeal by the FCC of "Net Neutrality" rules, customers of Empire Access can continue to count on unmetered, unthrottled, unlimited data, Bob VanDelinder, director of marketing for the company, told The Batavian today.

"The changes in net neutrality, we don't feel, will affect Empire Access because we still plan to keep the Internet open for our customers," VanDelinder said. "We will continue to offer unlimited data without content blocking, no throttling, and no paid prioritization. The customers on Empire Access should not see any changes."

Last week, the Federal Communications Commission overturned a 2014 rule known as Title II that prohibited Internet service providers from having tiered pricing plans, so-called "net neutrality."

The change has caused customers of Empire Access to call the company and express concern that their service will be changed and VanDelinder said they're all assured that there will be no changes. Soon the company will embark on a social media campaign to help spread that message. Customers will also receive an assurance of the company's commitment to unmetered service with the bills that will be mailed Jan. 1.

Proponents of net neutrality say the repeal of the law will mean restricted, or slower, bandwidth for customers or content providers who don't pony up extra cash.

Opponents of net neutrality say that Title II inhibits innovation and is holding back companies from making the investments necessary to provide faster broadband to more customers.

The idea of ISPs trying to squeeze more money from content providers is not without precedent. Prior to the 2014 rules, Comcast sought fees from Netflix and tacked on an extra charge for customers who streamed more Netflix shows and movies.

Empire Access doesn't know what its competitors might do following the rule change, VanDelinder said, but as far as Empire Access is concerned, nothing has changed.

"It's somewhat early yet to know what is going to take place with our competitors but as far as our stance on the ruling, it's our feeling that our customers come first," VanDelinder said. "We will continue to provide open access to our customers."

Over the past several years, Empire Access has been expanding throughout the Southern Tier and Western New York. It's an expansion plan that started before Title II was enacted, continued through the Title II era, and will continue going forward, VanDelinder said. Whether there is net neutrality or not, it doesn't slow down Empire Access's plan for expansion and innovation.

"We're a family-owned company," VanDelinder said. "We're a local company. What is best for the customer is really what we're striving to achieve to provide the best services."

Being a family-owned business has its advantages over larger competitors, such as Comcast, VanDelinder noted. 

While Comcast sought more money to stream Netflix, it wasn't taking the same approach with Hulu, which is owned in part by Comcast.

"Our business is providing Internet, phone, television, and security services," VanDelinder said. "We don't necessarily have these conflicts like some of our competitors do."

Since Empire Access came to Batavia and Le Roy, local customers are in a unique position of having options. Nearly 60 percent of households in America have only one company to call for broadband service.  

"One of the great things about operating in the towns, villages, and cities where we provide service is that we create competition," VanDelinder said. "Competition is good for the consumers."

Three Batavia residents accused of selling drugs in Wyoming County

By Howard B. Owens
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     Louis Mercado     Richard Barber   Derrick Washington

Three Batavia residents were taken into custody in Wyoming County for allegedly selling drugs in Warsaw and Attica following an investigation Drug Task Force as part of "Operation Frosty."

Richard Barber, 47, of Garfield Avenue, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. He is accused of selling methamphetamine in August in the Town of Warsaw. He was jailed on $25,000 bail.

Derrick Washington, 45, of State Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance with the intent to sell. Washington is accused of selling crack cocaine on two occasions in the Village of Attica. He was jailed on $5,000 bail.

Louis Mercado, 29, of Dellinger Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. He is accused of selling crack cocaine on two occasions in the Village of Attica. Mercado was jailed on $10,000 bail.

Also arrested as part of "Operation Frosty" was Javier Alvarez, 38, of Hopkins Street, Mount Morris. He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. He is accused of selling heroin and a heroin-fentanyl mix in the Village of Perry.

 Korin Leonard, 21, of Freedom Road, Freedom, is charged with criminal sale of a controlled substance, 3rd and 5th, and criminal possession of a controlled substance, 3rd and 5th. He is accused of selling methamphetamine and cocaine on two occasions in the Village of Arcade.

Ranen Houston, 24, of Lake Avenue, Rochester, is charged with 11 counts of perjury in the first degree for allegedly lying to the Wyoming County Grand Jury on a drug-related investigation in the Town of Warsaw. 

“These arrests were pursuant Wyoming County Court arrest warrants following Indictments and the involvement of District Attorney Donald O’Geen’s Office," said Wyoming County Sheriff Greg Rudolph.

"The Wyoming County Drug Task Force is committed to doing our part in the midst of this drug epidemic, which includes a strong stance on enforcement and honing our investigations on the dealers who gain off of others' addictions.

"The various locations of these crimes are indicative of the scope of the problem here in Wyoming County. The Wyoming County Drug Task Force is additionally wrapping up investigations on several other drug dealers and more arrests are expected in January."

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