batavia

The owner of the Batavia Nursing Home was indicted today in federal court on charges of fraud and making false statements.

Five counts were filed against Marc Irwin Korn, 54, of East Amherst.

Korn is accused of engaging in two different schemes to obtain money.

He allegedly took more than $150,000 donated to the American Friends of Assaf Harofeh Medical Center while serving as an officer of the charity. 

He's also accused of causing more than $167,000 from leasing agreements for nursing home equipment to be deposited into a bank account of one of his businesses, Health Care Alliance, Inc.

The funds, according to the U.S. Attorney's office, were used for personal expenses, including salon visits, college tuition, clothing and antiques.

Korn is also accused of making false statements to investigating agents during a June 2010 interview. According to the indictment, Korn told agents the deposits into Health Care Alliance were commissions.  

The case is being prosecuted by Gretchen L. Wylegala, an assistant to U.S. Attorney for Western New York William Hochul.

A reader contacted us this afternoon and said Cedar Street was closed due to construction. He said traffic was being rerouted. However, about a half-hour later, traffic was passing through the construction zone one lane at a time. A worker said construction will hopefully wrap up in a few more days.

A high-lift is reportedly parked at Jerome Place and Prune Street blocking traffic.

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The son of our State Assembly representative and a former city council member are the two people recommended by the city GOP committee to fill two vacancies on the Batavia City Council.

The city's charter provides that vacated seats be filled by appointees from the party of former seat holders.

Awaiting council approval are Brooks Hawley, son of Assemblyman Steve Hawley, and James Russell, a former council member.

They will replace, if approved, Frank Ferrando and Marianne Clattenburg, at-large members elected in November to seats on the Genesee County Legislature.

An alleged drug dealer appeared in Genesee County Court on Thursday morning and told Judge Robert C. Noonan that he would like a new attorney to handle his case.

Carlos A. Torres, who first made the news locally after being involved in a mysterious shooting, was scheduled today to either accept a plea offer or have his case set for trial.

"I don't feel he's doing anything on my behalf," Torres said.

He is represented by Public Defender Gary Horton.  

Horton explained to Noonan what appears to be a communication problem.

"I spent 45 minutes to an hour with Mr. Torres yesterday," Horton said. "I've explained to him what I expect to occur at trial, what my perception of the people's proof is...we've had that discussion multiple times.

"I understand his concern," Horton added. "He's facing serious charges. I understand he's anxious about going to trial, but he's always wanted to go to trial. The problem as I see it is that we keep having the same conversation over and over. It's starting to interfere."

Torres is facing three counts of criminal possession of a controlled substance, 3rd. The possible sentence he faces is 12 years in prison.  

Assistant District Attorney Will Zickl said Torres has been offered an attempted criminal possesion of a controlled substance charge with a sentence cap of six years.

Members of the Local Drug Task Force arrested Torres April 2 and allegedly found him in possession of cocaine, crack and heroin with an estimated street value of more than $7,000.

Noonan said he didn't hear anything from either Torres or Horton that convinced him it was worth the taxpayer expense to change attorneys.

He asked repeatedly if another attorney could work any better with Torres than Horton has, noting that Horton has 40 years experience and has taken hundreds of cases to trial.

"I’m not sure another attorney or another personality would have a problem or not," Horton said.

Torres is scheduled to reappear Dec. 23, giving Horton a chance to see if another attorney in his office can take the case and review new evidence against Torres that the DA's office produced recently.

Here's your Christmas Light pictures from Wednesday evening's meandering through Batavia.

Top, Roosevelt Avenue.

Roosevelt Avenue

River Street

Redfield Parkway

Bogue Avenue

Union Street

Vernon Avenue

Richmond Avenue

Friday is your chance to get inked and support a local charity.

High Voltage Tattoo & Piercing, 110 W. Main St., Batavia, will tattoo or pierce anybody who shows up at the door from 10 a.m. until there's nobody left to tattoo or pierce, and donate all of the proceeds to Community Action of Orleans and Genesee.

Tattoos are $25 and piercings are $15, with 100 percent of the fees going to Community Action.

Above, Lisa Vokes, a tattoo artist, and Mark Fanara, tattoo artist and owner, with a examples of the tattoos they will apply Friday for $25 each.

Tattoo artist Kevin Lockwood, not available today for a picture, will also have a series of tats available for people to choose.

All proceeds from jewelry and aftercare product sales will also be donated.

Free refreshments will be provided by Southside Deli, Michelle's Catering Co. & Bakery and High Voltage Tattoo.

Community action helps people from preschoolers to the elderly and those in between with a variety of services.

"Our community has treated us well and we would like to return the favor," Fanara said. "We hope people will stop in to help us raise money to help people and change lives."

Nedal Abdul Mansour, 48, of Jay Street, Rochester, is charged with possession and transport of more than 10,000 untaxed cigarettes, aggravated unlicensed operation, 3rd, unlicensed operator, failure to keep right and moving from lane unsafely. Mansour was stopped for alleged traffic infractions at 10:51 p.m. Tuesday on Route 77 in Pembroke by Deputy Patrick Reeves. Mansour was allegedly found in possession of 15,650 untaxed cigarettes.

Ajayc Kweese George, 18, of St. Marks Avenue, New York City, is charged with trespass. George was reportedly told on Dec. 10 not to return to College Village property and allegedly did return at 10:03 p.m., Tuesday.

Marion G. DeFelice, 55, of Bernd Road, Pavilion, is charged with DWI, refusal to take breath test, unlicensed operation and failure to keep right. DeFelice was stopped at 7 p.m. Tuesday on Route 33, Town of Batavia, by Deputy Tim Wescott.

Earl Shateek-Anthony Lockhart, 19, of East Main Street, Batavia, is charged with petit larceny and harassment, 2nd. Lockhart is accused of shoplifting $85.86 from Walmart. Lockhart allegedly pushed a loss prevention officer who attempted to apprehend him and then ran out of the store. Lockhart was located a short time later by a Sheriff's deputy.

Jessica Lynn Barber, 26, of 647 Lapp Road, Alden, is charged with DWI, driving left of pavement markings in a no-passing zone and unlawful possession of marijuana. Barber was stopped at 12:36 a.m. Tuesday on County Line Road, Darien, by Deputy Patrick Reeve.

Jonathan Robert Hyman, 39, of Rose Road, Batavia, is charged with trespass. Hyman was allegedly found on a property on Rose Road without permission at 11:04 p.m., Dec. 9, looking in a window to a residence.

Brandon Cody McCoy, 20, of Angling Road, Corfu, is charged with harassment, 2nd. McCoy is accused of pushing another male during a domestic incident at 8:28 p.m., Monday.

The NYS DOT turned Ellicott and Court/Evans streets into a four-way intersection this morning while doing traffic light repair.

I was able to get out and about after sunset this evening. Here's a few of the houses I photographed in all their Christmas light splendor.

Above, Vine Street.

Ellicott Street

Ellicott Place

Backyard, Ellicott Place

Ellicott Place

Trumbull Parkway

Elm Street

Elm Street

Elm Street

Bank Street

Bank Street

Jackie Davis and Wayne Younge, of Summit Physical and Occupational Therapies, spent their hour ringing a bell for the Salvation Army Red Kettle Campaign dressed as a present and Christmas tree. The duo said they usually dress up for their hour at the kettle, but this year when they found out the would be ringing together, they decided to develop a coordinated costume.

A dryer fire has been reported at Genesee Community College on the main campus.

An evacuation is in progress.

Town of Batavia Fire Department is dispatched to the main circle entrance.

UPDATE 9:21 a.m.: Genesee County Emergency Services on scene. Building evacuated. Fire units told to use service entrance. The dryer is near the loading dock.

UPDATE 9:26 a.m.: Fire is out.

Patrick Shawn O'Neill, 46, of Holland Avenue, Batavia, is charged with coercion, 2nd. O'Neill was arrested following an investigation into a complaint that allegedly occurred Sunday morning in Bethany.

Brandy L. Hare, 30, of 38 Rochester St., Bergen, is charged with DWI, driving with a BAC of .18 or greater and passed stop sign. Hare was stopped at 2:24 a.m. Tuesday on Clinton Street by Officer Darryl Streeter.

There was praise all around in Batavia City Council chambers Monday night as five council members commemorated their final meeting and their colleagues thanked them for their service.

Leaving are Frank Ferrando and Marianne Clattenburg, who were elected to the Genesee County Legislature, and Sam Barone, Bill Cox and Bob Bialkowski.

"The majority of this body is leaving and the majority of the body will be new and most of them are here (tonight)," Bialkowski said. "I can only wish them well. I commend them for their interest and dedication to serving the community."

Nearly every council member spoke about how tough it was to serve on the council a few years ago -- Ferrando said it wasn't fun to come to meetings -- but how much has changed in the past couple of years.

"Whenever we've left a meeting, we always left respecting every one's opinions and we will always be friends," said Rose Mary Christian. "I want to thank you all for serving our city."

Ferrando said the council has done some good work over the past few years that all members can take pride in.

"I think one of the good  things that happened is what we’re sitting in right here," Ferrando said. "What happened with this building is that it transformed our Main Street. I think that’s a very positive thing. It’s going to be more obvious as the years go on."

Photo: Front, from left, Frank Ferrando and Marianne Clattenburg; back, Sam Barone, Bill Cox and Bob Bialkowski.

For the first time this season, I had some time to get out in the evening and snap some Christmas light pictures. Hopefully, I'll get out more between now and Dec. 25. (If there are photographers in Le Roy, Bergen, Oakfield, Corfu, etc., who have DSLRs and tripods who want to take pictures from their villages, we'd love to see them -- every year it's been hard for me to get beyond Batavia and I'm suspecting this year won't be any different).

Above, Jackson Street

Washington Avenue

Lewis Avenue

Ganson Avenue

Maple Street

Highland Avenue

Kibbe Avenue

Elmwood Avenue

The boys of the Batavia and Notre Dame high school basketball teams will battle over the coveted Lions Tournament trophy Dec. 28 at Genesee Community College.

The JV teams will face each other at 6:30 p.m. and the varsity squads will play at 8 p.m.

The Lions held their annual tournament dinner Monday night at Bohn's Restaurant.

Pictured are Lamar Mobley, of Batavia, and Doane McCulley, of Notre Dame.

A person is reportedly in an elevator at 400 Towers, 400 E. Main St., Batavia.

The floor is not known.

City Fire Department is being dispatched.

UPDATE 10:44 p.m.: It's the west tower elevator, 2nd floor.

UPDATE 10:50 p.m.: On-call maintenance notified, reporting a five-minute ETA.

UPDATE 11:04 p.m.: The person is safely out of the elevator.

A grease fire which began on an electric stove in the kitchen is reported at 17 1/2 Highland Park in the City of Batavia. City firefighters are on scene and everyone has been evacuated from the building.

An interior firefighter says he's in the attic and it doesn't look like there's any extension of the fire. When asked if he can check for two cats, he says "they were on their way down as I was coming up."

UPDATE 6:21 p.m.: The fire is out and firefighters are checking for extensions and doing overhaul of the scene. The location is between is between Jackson Street and Pringle Avenue.

UPDATE 9:37 p.m.: The City of Batavia Fire Department released the following information about the fire. The fire caused an estimated $13,000 damage to the building and contents. The building is owned by Philip Pastore. The tenant is Kristin Brockway. The fire was contained to the kitchen. (Fire Chief Jim Maxwell said earlier tonight that firefighters did a good job of containing the fire to the kitchen). Crews were on scene for one hour.

George Franklin Culp, 24, of Fargo Road, Corfu, is charged with DWI, unlicensed operation, moving from lane unsafely and consumption of alcohol in a motor vehicle. Culp was reportedly involved in a motor-vehicle accident at 12:03 a.m. Sunday on Fargo Road, Corfu. The investigation was conducted by Deputy Eric Seppala.

Jessie Marie Cramer, 26, of West Main Street Road, Batavia, is charged with petit larceny. Cramer is accused of shoplifting $54.06 worth of merchandise from Target.

Brian Robert Beach, 40, of West Part Street, Albion, is charged with assault, 3rd, and criminal obstruction of breathing or blood circulation. Beach is accused of striking another person in the face causing physical injury and obstructing the alleged victim's breathing. The incident was reported at 12:53 a.m. Friday, at 8204 Park Road, Batavia.

Joseph Beszczynski, 26, of Darien-Alexander Townline Road, Darien, is charged with criminal mischief. Beszczynski is accused of punching a light switch box causing damage. Beszczynski was jailed on $500 bail.

I am new to this area and have never experienced Fargo Road at Christmas time. If you have not taken your family there, I would highly recommend it. There are many beautiful displays. Just keep on driving down and you will run into this awesome winter wonderland. You can park your cars and get out and take a walk around the whole place. God bless all the owners for bringing some Christmas magic to all!