batavia

John Spyropoulos, co-owner of Settler's Restaurant on West Main Street, was a little taken aback yesterday to learn that the insurance company for the owner of a car that took out his 28-year-old business sign Oct. 10 won't help pay for its replacement.

State Farm said, according to Spyropoulos, that since the alleged driver, Martin F. Jones, 41, of 120 Jackson St., Batavia, wasn't authorized to drive the vehicle, the owner's policy doesn't cover the damage.

"I thought that was what uninsured motorist was for," Spyropoulos said.

It will cost $12,000 to replace the sign and the insurance Spyropoulos has on the building will pay only for $5,000 of it.

To get his money, Spyropoulos may need to file a claim for restitution through the courts. He could file a claim for the entire $12,000 expense.

If Jones is convicted, Jones could be ordered to pay for the sign at his sentencing.

Spyropoulos said he will look into that option.

Jones was charged with felony DWI, refusal to take breath test, two counts of leaving the scene of a property damage accident, unsafe backing, aggravated unlicensed operation, 1st, avoiding an intersection, speed not reasonable and prudent and driving on the sidewalk.

A burglary suspect turned himself in yesterday following a police investigation into a break-in at a residence on East Avenue in the city on Oct. 9.

Trevon L. Armstrong, 27, of 20 Tracy Ave., Batavia, is charged with burglary, 2nd, and grand larceny, 4th.

Det. Charles Dudek investigated the case, identified Armstrong as the suspect, and asked him to turn himself in. Yesterday, he did.

A flat-screen TV and a laptop computer were recovered shortly after the burglary was reported, Dudek said.

Armstrong was arraigned in Batavia City Court and ordered held without bail.

Officer Mark Lawrence assisted in the investigation.

Notre Dame's girls soccer team beat Fillmore today for their first-ever sectional win, 1-0.

Pete Welker supplied us with three photos from the game. Above, Burgandy Bartlett kicks the only goal of the game.

Bailee Welker

Tess Diskin with the ball.

UMMC invited the public into the ICU unit today to see a new patient simulator that will be used to help train hospital staff.

The $60,000 machine is a gift from CHART, the hospital’s insurance carrier. It provides a realistic representation of various medical conditions so medical personnel can practice everything from inserting an IV to performing defibrillation.

For more info, click here.

Above, Dan Grower learns about the simulator from Pamela Lynch.

This Saturday, you can get your flapjacks flipped by Sheriff Gary Maha and served table side by District Attorney Lawrence Friedman.

Saturday is the annual Pancake Days sponsored by the Batavia Kiwanis Club. Maha and Friedman are both Kiwanis members and they will be joined by a couple dozen more Kiwanis members who will ensure you get a hot, tasty breakfast for the low price of $5 (children 10 and under, and seniors, $3).

The breakfast runs from 7 a.m. to 2 p.m. at the First Presbyterian Church, Main and Liberty streets, in Batavia.

Arrive early. There's always a big turn out.

To purchase tickets or for more information, contact Anita at 585-813-5371, or ask a local Kiwanian.

Pictured are Anita Strollo, left, Friedman, Club President Ed Minardo, Maha, Immediate Past President David Chua and Joe Forsyth.

Below, an article about the breakfast from Anita Strollo:

It’s been a long year sampling pancakes all over Western New York to insure that this year’s Kiwanis Club of Batavia’s 54th Annual Pancake Day lives up to the reputation it had in years past.

Last year our suppliers got changed unexpectedly and we thought we were getting comparable product only to find out that the pancake batter and sausages were less than satisfying. It was too late at that point and we counted on our understanding community and the fact that so many other treats were available at the annual event which raises funds for area children’s projects.

This year Serena, Joe and I sampled a lot of pancakes! I am a notorious pancake hater so we were looking for a pancake that even I liked. When Sheriff Maha (our chief pancake cook and longtime Kiwanian) offered that he and his wife recommended a local stop for pancakes, we ventured there. They had a similar situation with pancake mixes years ago and had to go on the same type of quest!

Serena and I sampled the pancakes there and they were fabulous. After some research by us and much help from Batavia Restaurant Supply to locate a supplier on the East Coast, we are now ready to serve up the tastiest pancakes we’ve had in years. Batavia Restaurant Supply is going to be stocking the mix from now on!

Joel Chasteck from the Genesee County Nursing Home located the brand of sausage that we always used, and after we add our “secret ingredient” our customers will be very pleased.

When it looked like the bad apple crop and the closing of our cider supplier’s mill was going to preclude us from serving fresh apple cider for the first time ever, Roanoke Apple Farms quickly jumped into action. They gave us a very fair deal on cider so we can serve and sell it again at this year's breakfast.

We will also be offering a Gluten-Free option. Patricia Hawley from Fountain of Youth Organics in Brockport will be donating some pancake mix as well as lending her gluten-free designated griddle and cooking implements.

Pancake Days is so named because it used to be a two-day event.  Within the last few years, it has become a one day event that still serves the same amount of pancakes and extras as the two-day fundraiser did.

The funds raised allows Batavia Kiwanis to sponsor free community events like the Thanksgiving Day Skate, Easter Egg Hunt, AMBA Blood Screening, Kiwanis Night at the Muckdogs and so many other events.

The all-you-can-eat breakfast is fully served and includes a beverage choice of cider, coffee, milk (chocolate or white compliments of Upstate Milk Cooperative) orange juice or tea.

Pancake Days will be this Saturday, Oct. 27 at the First Presbyterian Church Service Building on the corner of Liberty and Main streets in Batavia from 7 a.m. – 2pm. Cost is $5 for adullts, $3 for seniors 62 and over and children 10 and under.

Any one child in costume accompanied by one adult will also get in free.

There will be entertainment as usual and there are tickets available at the door or from any Kiwanian.

Mercedes Shanelle Stricklin, 19, of Pringle Avenue, Batavia, is charged with petit larceny. Stricklin is accused of shoplifting from Kmart.

Amanda Lee McGowan, 20, of Pringle Avenue, Batavia, is charged with petit larceny. McGowan is accused of shoplifting from Kmart.

Jennifer L. Stack, 33, of 48 S. Main St., Batavia, is charged with petit larceny. Stack is accused of shoplifting from the Kwik Fill at 99 Jackson St., Batavia.

UPDATED 3:25 p.m.

An attorney for one of the city firefighters accused of bookmaking said after a court appearance today that he expects the case to be resolved by Dec. 11.

That's when the three defendants in the case will return to Batavia City Court.

The defendants, Gregory Phillips, 39, of Belvedere Lane, and Brian Bordinaro, 43, of Prospect Avenue, both city firefighters, along with 41-year-old Lance Engel, of Wade Avenue, who's a chef at the Western New York Veterans Home, appeared in court today with their attorneys.

After an appearance for his client Phillips, attorney Larry Andolina said that discussions were taking place that could resolve the case and he expected a resolution by Dec. 11.

Asked if that meant a plea deal, he said he didn't know. Asked if there's a chance the charges cold be dropped, he said, "there's always a chance." Asked if there were any new developments in the case, he said, "no." 

District Attorney Lawrence Friedman confirmed that his office and attorneys for the three defendants have been in discussions. He noted that the defendants have waived their right to a speedy trial in order for discussions to take place.

Judge Robert Balbick set today's appearance date six months ago, giving the prosecution and defense a chance to work a deal or time for the DA to submit the complicated case to a grand jury.

The case has apparently not yet been presented to a grand jury.

"Typically, a case does not go to the grand jury unless and until we are unable to resolve the case without doing so," Friedman said.

The three Batavia residents were initially charged with criminal possession of gambling records, a Class E felony. Later, an additional Class B felony charge of "enterprise corruption," under New York's racketeering statute, was added.

Attorney Thomas Keane, appearing for Engel, told Balbick that he has been in discussions with Friedman and in light of those discussions, he asked for the case to be continued until Dec. 11.

Andolina and Bordinaro's attorney, Joseph LaTona, also asked for an adjournment to Dec. 11.

Photo: Phillips arriving for court.

McKayla J. Kosiorek, 18, of 304 S. Jackson St., Batavia, Terrance M. Schramm, 22, of 9 Edwards St., upper, Batavia, Isaiah Johnson, 22, of 110 Walnut St., Batavia, Kassean L. Shannon, 20, of 119 State St., #4, Batavia, Matthew J. Reed, 28, of 141 State St., #3, Batavia, Anthony M. Manners, 21, of 354 W. State St., Albion, and Alicia M. Stankwick, 21, of 319 E. Main St., #2, Batavia, are all charged with criminal trespass, 3rd. The seven individuals are accused of trespassing at 10:53 p.m., Monday, at the New Life House of God Church on Swan Street, Batavia.

Some girls on Ross Street near Batavia Middle School are reportedly throwing rocks at passing motorists. A women whose car windshield was struck by a rock is at the police station filing a complaint and an officer is going to the scene.

The wife of a Batavia couple who were accused of welfare fraud will serve five years on probation, Judge Robert C. Noonan ruled in Genesee County Court today.

Deborah Schramm, 32, of Hutchins Place, Batavia, entered a guilty plea July 16 to attempted grand larceny, 3rd.

Originally, Schramm was charged with five counts of offering a false instrument for filing, 1st, and grand larceny, 3rd.

Her husband, Michael Schramm, was sentenced Sept. 7 to one-and-a-half to three years in prison after pleading guilty earlier to offering a false instrument for filing, 1st.

The Schramms will be required to reimburse the Department of Social Services $17,026.39.

The couple admitted to not disclosing Michael Schramm's full-time job at a farm in Niagara County from February 2011 through August 2011. During that time the Schramms were receiving financial assistance from DSS.

Cases of suspected welfare fraud can be reported to the Genesee County Department of Social Services Fraud Investigation Unit at (585) 344-2580, ext. 6417 or 6416. All calls are confidential.

Tyler J. Pratt, 16, of 41 Vine St, Batavia, is charged with criminal contempt, 2nd, menacing, 1st, and criminal possession of a weapon, 4th. Pratt allegedly called police at 11:35 p.m., Saturday, reporting a subject with a knife at a residence on Roosevelt Avenue. When officers arrived, they allegedly found Pratt in possession of the knife. Pratt reportedly ignored several orders to drop the knife and allegedly brandished it in a threatening manner toward officers. Pratt then reportedly attempted to flee and was taken into custody after a brief foot chase. Pratt is under court order to stay away from the residence of the alleged incident. Pratt was remanded to the Genesee County Jail on no bail. Officers who responded to the call were Frank Klimjack, Daryle Streeter, Eric Bolles and Jamie Givens.

Shari A. Yark, 50, of 4 Roosevelt Ave., Batavia, is charged with criminal contempt, 2nd, and endangering the welfare of a child. Yark is accused of allowing a person at her residence at 11:35 p.m., Saturday, who was barred from the residence and of contacting her daughter while allegedly knowing a stay away order of protection is in place.

Antonio Michael Giglia, 22, of Amherst Street, Buffalo, is charged with grand larceny, 4th, conspiracy, 5th, petit larceny, criminal possession of a controlled substance, 7th, and possession of burglary tools. Giglia was apprehended following a complaint of larceny at Target. The suspects allegedly left stolen merchandise behind and fled the store. Deputies later located the suspects' vehicle. Also arrested was Amanda Rose Renza. Renza is charged with grand larceny, 4th, conspiracy, 5th and petit larceny. The case was investigated by deputies Joseph Graff and Patrick Reeves.

Leon C. Bloom Jr., 30, of 5 Thorpe St., Batavia, is charged with burglary, 2nd, criminal mischief, 4th, and petit larceny. Bloom was taken into custody following a report of a burglary in progress Saturday at a location on Fordham Drive. Bloom was also charged with criminal obstruction of breathing, criminal mischief, 4th, petit larceny and harassment, 2nd. Those charges stem from an unrelated incident earlier in the day.

Kevin Edward Moscicki, 25, of Jakaub Road, Elba, is charged with DWI, driving with a BAC of .18 or greater, refusal to submit to breath test, failure to yield right of way for emergency vehicle and driving left of pavement markings. Moscicki was arrested following a report at 8:16 p.m., Thursday, of a hit-and-run accident on Route 33, Town of Batavia. The suspect vehicle rear-ended a car parked on the shoulder of the roadway and fled the scene. At 9:05 p.m., dispatchers received a report of a Chevy pickup with front-end damage that was stopped at the intersection of Route 77 and Gabby Road, Town of Pembroke. The pickup was located by Deputy Patrick Reeves. Moscicki is also accused of leaving the scene of a property damage accident and moving from lane unsafely.

Melissa A. Williams, of Lake Street, Le Roy, is charged with petit larceny. Williams is accused of stealing two cans of Four Loko from a convience store in the village. Williams allegedly still possessed one can when she was located by Le Roy PD.

John W. Williams III, of 8170 Batavia Stafford Townline Road, Batavia, is charged with DWI. Williams was arrested by Batavia PD on a warrant. Williams was jailed on $1,000 bail.

Danny D. Williams, 24, of 18 East Ave., upper, Batavia, is charged with harassment, 2nd. Williams is accused of punching another person in the face and grabbing that person by the hair during a domestic incident at 10:40 p.m., Saturday. Williams was jailed on $250 bail.

Steven J. Mancuso-Haitz Jr., 28, of 110 Bank St., Batavia, is charged with criminal contempt, 2nd. Mancuso-Haitz turned himself in on a warrant for allegedly sending a letter to a protected party.

Dashawn Butler, 33, of 101 Summit St., right side, Batavia, is charged with unnecessary noise. Butler is accused of hosting an excessively loud party at his residence.

Scott C. Brown II, 24, of 3490 S. Main St. Road, Batavia, is charged with unlawful possession of marijuana. Brown was reportedly asked to leave a local business for allegedly being unruly. When police arrived they found him allegedly in possession of marijuana.

Submitted by Mike Henry:

The Batavia Bulldawgs varsity squad beat Akron 36-12 to earn a spot in the NOFA League Championship game. They will play Bar-Lyn next Saturday at 5 p.m. in Medina.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Tuesday, Oct. 23 and Wednesday Oct. 24, from approximately 9 a.m. to 3 p.m. in the general area south of East Main Street and east of Jackson Street. Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored.

Photo and info submitted by Justine Bonarigo:

Batavia High School's varsity cheerleading squad placed first in the Co-Ed Division at Webster Schroeder Competition held Sunday. They will take on the sectional competition this Saturday at R.I.T. for the Class B division title.

The team includes: Samantha Saraceni (captain), Codie Grazioplene (captain), Macey McCulley, Whitney Athoe, James Murphy, Megan Wilcox, Miranda Reed, Heather Lewis, Makaela Kitcho, Katie Garlock, Danielle DellaPenna, Kayla Corp, Alexandria Ernst, Allison Smith, Teiona Kemp and Alex Rebman. Coached by Marianne Sallome and Justine Bonarigo.

A deer ran down Ellicott Street this evening, damaging the windows of two businesses before it was tracked to the end of Maple Street and dispatched by a Batavia police officer.

The deer first rammed a window of an office complex near Hutchins Street and then continued west before making a charge at the storefront of American Trust Gold & Coin Exchange at 239 Ellicott St.

Two residents of the building, Adam Ganzhorn and David King, tracked the animal to the end of Maple Street, at the industrial complex there, and a Batavia police officer killed it at that location. The six-point buck was tagged and Ganzhorn and King took possession of the animal.

Frank Bellucci and his son, from Short Notice handyman service, boarded up American Trust, which had its entire front window blown out, and expected to board up the other business as well.

It's not unusual for me to take a turn down Old Creek Road when I'm out and about, and mid-day today, that's exactly where I found myself. Here's four photos.

A reader told us a deer smashed into the window of the gold store across from The Pok-A-Dot and then went further down Ellicott Street into the plaza where the pizza place is and caused some havoc there, too. City police are responding.