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Kmart evacuated because of natural gas smell in the building

By Billie Owens

The Kmart at 8363 Lewiston Road is being evacuated because of an odor of natural gas in the building. Town of Batavia fire is on scene and National Fuel is notified.

UPDATE 2:55 p.m.: The town's assignment is back in service. National Fuel is working to fix the problem. The store will remain closed in the meantime.

Photo: Snow clean-up Downtown

By Howard B. Owens

On a day of no snowfall and no blowing snow, city crews are taking the opportunity to clear away piles of snow from parking lots and parkways. Above, a crew works on a pile of snow outside City Centre on the Jefferson Avenue side.

Weather forecast is for more of the same -- cold

By Howard B. Owens

It's a crisp, clear morning in Batavia with a temperature of 4 degrees.

Forecasters continue to call for a prolonged period of bitter cold with a mix of snow. Saturday, there's an 80-percent chance of a snow shower with temperatures rising to a balmy 24 degrees.

Photo: The O-AT-KA Milk plant.

Sunoco on West Main robbed, suspect already in custody

By Howard B. Owens

Within minutes of a reported robbery at the Sunoco Gas Station on West Main Street, a Batavia police officer reported taking a suspect into custody on Dellinger Avenue.

The initial report had a man who may have displayed a gun running from the store wearing a red coat and black mask.

UPDATE 11:04 p.m.: Officers on scene confirmed the suspect did use a gun and a gun was recovered. No word on how much money was taken. Officers recovered what appeared to be garments the suspect discarded as he ran from the store, including a red sweatshirt, black ski mask and sunglasses. Deputy Chris Erion was quickly on scene with his K-9 "Destro." Destro tracked the suspect's path and located what officers believed to be the demand note used by the suspect. The robbery was dispatched to Batavia PD patrols at 9:50 p.m. and an officer reported the suspect in custody at 9:53 p.m. The name of the suspect won't be released until after his arraignment in City Court. 

Notes: Destro, you may remember, is new to the force. While he has worked to help track a possibly missing person, Erion confirmed this is the first time Destro has tracked a suspected criminal and helped find evidence. Also, since Thursday, we've had, in the city, a burglary in progress, a bank robbery and now this armed robbery and in all three cases suspects were apprehended quickly by local law enforcement (State Police assisting Batavia PD on the bank robbery).

Top photo, Sgt. Chris Camp, Deputy Erion and Destro checking out the location on Dellinger of a possible demand note used by the suspect. Photos below: Officer James DeFreze with ski mask and sweater that may have been discarded near the station by the suspect, and the Sunoco station on West Main with Batavia PD, Sheriff's Office and State Police on scene.

High-end sushi restaurant coming to Batavia

By Howard B. Owens

Town planners approved a sign tonight for a new sushi restaurant that will reportedly open soon at 4140 Veterans Memorial Drive, Batavia.

The restaurant, YUME Asian Bistro, will be the third location for the owner, according to Dan Lang, the town's code enforcement officer. The other two are in New York City.

Everything about the new restaurant, Lang said, is first-class.

"The interior looks wonderful, actually," Lang said. "He did a beautiful job on the inside of it."

Lang said the owner is just about ready, and eager to open.

The location is next to Pawn King, two doors down from Jagged Edges Salon, across from Walmart.

His top chef from New York will open the restaurant and train the cooks and staff before returning to NYC.

"He wants to make sure he has somebody who takes care of the sushi the right way," Lang said.

The restaurant will also serve Thai food as well as other Asian dishes.

Lang described the new restaurant as "high end."

UPDATE: So, apparently, Batavia will have two sushi restaurants going by similar names. Josh Gaylord says that he filed for a DBA for Yume Sushi in June and then Yumi Asian Bistro filed in July. Gaylord is planning to open his restaurant at the former Delavan's location on Evans Street in the city.  He's previously held a Sushi night at Sweet Ecstasy Bakery and his sushi has gained a passionate local following.

Theft of tattoo reported

By Howard B. Owens

Police have been dispatched to High Voltage Tattoo and Piercing on West Main Street, Batavia, to take a report on a petit larceny of a tattoo.

A woman reportedly got a tattoo of stars on her shoulder and when the tattoo artist asked her to pay when the work was done, she said she didn't have any money.

The artist told her to wait while he called police and the woman reportedly left anyway, driving away in a black pickup truck.

Authorities will be told her name.

High voltage wire thief sent to prison, ordered to pay $86K in restitution

By Howard B. Owens
Michael Nicometo

When Michael Nicometo gets out of prison in three-and-a-half to seven years, if he's diligent he will finish repaying restitution to his victims in less than 29 years.

While sending Nicometo to prison, Judge Robert C. Noonan ordered restitution in the case of $86,017.57 at a rate of $250 a month, assuming Nicometo doesn't manage to repay the debt for his release.

Nicometo, a trained electrician, was the apparent mastermind behind a scheme to steal high voltage copper wire from industrial locations in and around Le Roy.

The total damage to Dolomite was nearly $33,000 and Troy Manufacturing suffered a loss of $53,000.

Noonan also levied a state-mandated surcharge of $4,300.

This was the third attempt in County Court to sentence Nicomento following his guilty plea Sept. 30 to burglary, 3rd, as a second felony offender.

The first sentencing was scheduled Jan. 2, but Nicometo was reportedly hospitalized for an undisclosed reason. He was then scheduled to be sentenced last week, but missed his morning appointment. He arrived in court later that afternoon, but a warrant had already been issued for his arrest.

From the bench today, Noonan said Nicometo appeared to be high on drugs when he showed up to court that day.

The 29-year-old Nicometo was taken into custody and appeared today dressed in Genesee County Jail orange.

His attorney, Brian Degnan, told Noonan that his client has a drug problem that he's never been able to shake.

"He has an untreated, severe substance abuse problem," Degan told Noonan. "He has failed at treatment every step of the way. I would ask that you consider his drug addiction as a mitigating factor, Judge. Mr. Nicometo needs treatment, Judge. He's never going to be better without treatment."

For his part, Nicometo told Noonan he was sorry and that he knew he did wrong.

An option for Noonan with some drug-addicted defendants is to require drug treatment prior to starting their prison term. That's known as a Willard Sentence.

Noonan said the first test imposed by the state on whether a Willard Sentence is appropriate is whether such a sentence would have no adverse effect on public safety or the public's confidence in the judicial system.

"I don't think I can make that finding in this case," Noonan said.

There are two co-defendants in the case, Jonathan D. Smeak, of Batavia, and Dustin C. Nicometo, but we don't have any current information on the status of those cases. Those co-defendants could be responsible for some of the restitution.

Possible structure fire reported in barn on West Saile Drive

By Howard B. Owens

A possible structure fire is reported at 4535 W. Saile Drive, a barn behind Michelle's Bakery.

Smoke is seen coming from the structure.

Town of Batavia fire dispatched.

UPDATE 7:28 a.m.: A chief on scene reports the fire may have burned itself out. Responding units can come in non-emergency.

UPDATE 7:30 a.m.: It turns out to be a vehicle fire. The vehicle has been removed from the building. The structure is not involved.

UPDATE 7:37 a.m.: Fire is knocked down. Assignment being held to Engine 24.

UPDATE 8:14 a.m.: Town of Batavia back in service. Fire contained to vehicle. Smoke damage to the building.

Photos: GSO begins tune-up for Feb. 16 concert at St. James

By Howard B. Owens

Members of the Genesee Symphony Orchestra are busy getting their act together for the GSO's concert Feb. 16 at St. James Episcopal Church in Batavia.

Tonight, the orchestra rehearsed at the First Presbyterian Church in Batavia.

Raffaele Ponti is the conductor and music director for the show, which will feature soloists Holly Bewley, a soprano, and pianist Isabelle Aubin (who were not part of tonight's rehearsal).

The program includes works by Leonard Bernstein, Mozart, Annunzio Montovani, Leroy Anderson, Schubert and John Williams.

Tickets are available at geneseesymphony.com as well as GO ART!, Roxy's Music and the Batavia Senior Center and in Le Roy at the Bank of Castile.

Top photo: Lynn Eberhardt, of Scottsville, on bass.

A violin in the hands of Jill Babinski.

Dave Funston, of Batavia, on drums.

Conductor and music director Raffaele Ponti.

Dave Porter, trombone

Local business owner looking for the person who stole pallets from behind his store

By Howard B. Owens

The owner of Eastown Beverages, Paul Parise, is hoping readers of The Batavian can identify the owner of this truck.

According to Parise, somebody driving this truck stole pallets from outside his business at 563 E. Main St., Batavia. He also wonders whether the same person may have tried to break into his store two weeks ago.

Batavia PD has an open investigation on the case, according to Officer Jamie Givens, but no suspects.

Anybody who might have information useful to the investigation are asked to call Batavia PD at (585) 345-6350.

Forecast: 'Winter will be here to stay for quite some time'

By Howard B. Owens

Those of you who hate winter are really going to be unhappy over the next couple of weeks.

Forecasters foresee no real let up in the bitter cold and snow gripping the region.

There's a wind chill advisory in place now through 11 a.m. Wednesday with wind chill values as low as 20 degrees below zero.

Light snow continues to fall this evening.

There will be a slight, slight warming by the weekend, according to Buffalo forecasters, but another round of arctic chill will follow behind it and there's a chance for significant lake effect snow fall next week.

"Winter will be here to stay for quite some time," wrote a forecaster in his weather analysis today.

Photo: Looking east on Main Street about 4:30 p.m.

Photos: Opening of MLK Day hoops showcase at BHS

By Howard B. Owens

Hoops fans can get their fill at Batavia High School this afternoon and evening with both the boys and the girls varsity teams, as well as the JV teams, competing today.

Right now, the girls teams are playing Greece Odyssey and the boys teams play East Aurora at 5:45 p.m.

The unique double-header is billed as the Martin Luther King Jr. Basketball Showcase and it's a first-time event for BHS, but Athletic Director Mike Bromley said he hopes it will become an annual event.

New exhibit showcases work of local award-winning photographer

By Patricia Hawley

A new exhibit featuring the work of local photographer Susan Meier is on view at the Gallery at Blue Pearl Yoga through the month of January. The show is free and open to the public during gallery hours.

Meier, a lifelong resident of Genesee County, currently resides in East Pembroke. A self-taught artist, she began taking photographs as a preteen.

“I won a camera in a coloring contest and that sparked my interest,” she says.

After graduating from Genesee Wyoming BOCES with a degree in Cosmetology, Susan operated a hair salon out of her home for several years but continued her interest in photography, joining the Batavia Photography Club in 1995. She began photographing weddings in the late '90s and by 2001 she graduated from Genesee Community College with an AAS in Commercial Art. In 2010 she moved her business to the Harvester Artisan Center. She is a member of the Professional Photographers Association, past president of the Batavia Photography Club, and is active in 4H and the Genesee County Fair.

She continues her professional development by attending workshops throughout the country where she’s learned techniques like off-camera flash and studio and portrait lighting. Her work has been shown at the Richmond Memorial Library where she’s won multiple People’s Choice Awards, Moon Java Café, Genesee Community College, GoArt!, and Muller Quaker. Aside from her work as a wedding photographer, Susan’s professional work includes high school senior portraits, professional head shots, as well as newborn, family, and maternity photos.  

“The 11 images in the Blue Pearl exhibit feature a mix of fashion/glamour, boudoir, concept shoots and some photo digital art,” Meier says. "Concept shoots are ideas or unique concepts brought to life.

The concept images on display include Feather, 1940s Glam, Steampunk, Snow Princess and Flower. Her training as a cosmetologist allows her to construct elaborate styles for her models.

She is available for private photography lessons. You may contact her at 585-861-0415 or visit her studio at the Harvester Artisan Center, 56 Harvester Ave., on the first floor. Her social media presence includes Facebook, Twitter, Pinterest, 500px, Google Plus, Shop Batavia.

The exhibit can be seen during gallery hours on Monday, Thursday, and Saturday from 9 to 11 a.m.; Monday through Thursday from 5 to 7 p.m.

For more information, call Blue Pearl Yoga at 585.230.5430.

Law and Order: Le Roy man accused of stealing co-pays at doctor's office

By Howard B. Owens

James Mitchell, 35, of Le Roy, is charged with petit larceny. Mitchell was arrested following a months-long investigation by the Livingston County Sheriff's Office into reports of stolen co-payments at a doctor's office where Mitchell worked in Avon. The investigation took time, according to LCSO, because of lengthy billing cycles and victims coming forward. Mitchell was allegedly stealing co-pays as patients checked out at their physician's office. The investigation was conducted by Deputy Dan Rittenhouse, Deputy Ross Gerace, Deputy Steph Schroeder and Deputy Mike Yencer.

Kelly M. Zwolinski, 34, of Broadway Road, Darien, is charged with criminal possession of stolen property, 4th, and resisting arrest. Zwolinski was identified as a suspect in possession of a stolen horse saddle that was taken from a farm in Niagara County and an arrest warrant was issued. When Deputy Kevin McCarthy and Investigator William Ferrando attempted to place Zwolinski under arrest, she allegedly resisted arrest.

Darlene Ann Kingdollar, 51, of South Pearl Street, Oakfield, is charged with petit larceny. Kingdollar is accused of entering the 7-Eleven store in Oakfield while intoxicated and after she was denied the purchase of alcohol, she allegedly left the store with a can of beer without paying for it.

Bruce J. Brade, 33, of Galloway Road, Batavia, is charged with stalking, 4th, and criminal contempt, 2nd. Brade allegedly violated an order of protection.

Mark J. Price, 37, Township Road, Ashland, Ohio, was arrested on a warrant for alleged failure to appear for an alleged traffic violation in Batavia City Court. Price was aprehended during a traffic stop in the Village of Attica. Price was issued an appearance ticket.

Jeffrey A. Pionessa, 32, of Glenwood Drive, Attica, is charged with DWI, driving with a BAC of .08 or greater and speeding in zone. Pionessa was stopped at 2:30 a.m. Sunday on Law Street, Batavia, by Officer Arick Perkins. Pionessa allegedly had a BAC of .11.

A 17-year-old resident of Trumbull Parkway, Batavia is charged with criminal mischief, 4th, and harassment, 2nd. The youth is accused of damaging the mobile phone charger of another person by throwing it against a wall and grabbing the arm of the alleged victim and pushing the person's face.

John K. Rolls, 34, of Mill Street, Batavia, is charged with two counts of forcible touching. Rolls is accused of forcibly touching a 17-year-old girl on Jan. 7. Rolls is incarcerated in the Genesee county Jail on an unrelated matter and was issued an appearance ticket.

Brad Strzelecki, 19, of Hunter Street, Bergen, is charged with unlawful possession of marijuana. Strzelecki was reported at a location on Bank Street at 10:01 a.m. Jan. 13 when he was allegedly found in possession of marijuana by Officer Eric Foels.

Rodeny Lowell McKenzie, 49, of Weaver Street, Buffalo, is charged with petit larceny. McKenzie was located by Transit Police in Buffalo during a check-the-welfare interview and identified as a warrant suspect for allegedly stealing items from Kmart on Dec. 12.

Bryant William Hardtner, 28, of State Street Road, Batavia, is charged with unauthorized use of a motor vehicle. Hardtner is accused of taking a vehicle Sunday without the owner's consent.

Kimberly Diane Ribbeck, 27, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, driving a vehicle with obstructed vision and no or inadequate plate light. Ribbeck was stopped at 2:33 a.m. Sunday on Route 77, Pembroke, by Deputy Joseph Corona.

Michael Gerald Pernicano, 21, of Lake Road, Holley, is charged with DWI, driving with a BAC of .08 or greater, failure to signal and no plate light. Pernicano was stopped at 2:29 a.m. Saturday on North Byron Road, Byron, by Deputy Joseph Corona.

Lena Marie Evans, 26, of Ross Street, Batavia, is charged with petit larceny, two counts of criminal possession of a controlled substance and possession of a hypodermic instrument. Evans was arrested for allegedly shoplifting at Kmart by Deputy Andrew Hale.

Carey Anthony Bedell III, 18, of Lehigh Avenue, Rochester, is charged with unlawful possession of marijuana. Bedell was arrested on Clinton Street Road, Byron, at 9:43 p.m. Friday.

Matthew R. Smith, 21, of Basom, is charged with forcible touching. Smith was arrested by State Police for an alleged incident reported at noon Thursday.

Mark A. Allison, 52, of Lockport, is charged with felony DWI and felony driving with a BAC of .08 or greater. Allison was arrested by State Police following the report at 9:29 p.m. Thursday of a two-car accident at 372 Bloomingdale Road, Basom. One person was injured. The driver of the other vehicle was Alexander Shirira, 56, of Buffalo. No other details released.

Local rugby club celebrates 40th anniversary

By Howard B. Owens

The Genesee Creamers Rugby Football Club celebrated its 40th anniversary over the weekend with a banquet attended by about 70 players and guests.

The club was founded in Batavia in 1970 and plays teams from all over WNY and Canada as well as the rest of the U.S.

Honored at the event were two 40-year members, Dominic Lovria, and ‘Tin Cup’ Teddy Anderson.

The dinner was attended by members of U.S. Rugby, including CEO Mark Griffin, who was the guest speaker.

Attendees also donated 40 jars of peanut butter and jelly to the Salvation Army.

Photo submitted by Mark Kielbasa.

Light snow expected through the afternoon

By Howard B. Owens

A winter weather advisory is in effect through 2 p.m. today with predictions of persistent light snow and temperatures dropping into the teens.

Snow accumulations could reach from 2 to 4 inches and low visibility while driving is possible in places.

The National Weather Service advises caution while traveling.

Minor injury accident reported on Route 77, just north of Indian Falls Road

By Howard B. Owens

A person is complaining of neck pain following an accident on Route 77 just north of Indian Falls Road.

One car is off the roadway.

Pembroke and Indian Falls responding along with Mercy EMS.

UPDATE 8:47 a.m.: The car sideswiped a tree. The only complain of pain stems from the seat belt brushing against the driver's neck, according to a chief on scene.

UPDATE 9:18 a.m.: Pembroke and Indian Falls back in service.

Top Items on Batavia's List

Tourism Marketing Assistant Position The Genesee County Chamber of Commerce, serving as the official tourism promotion agency for Genesee County, NY is seeking an experienced marketing professional to assist in the overall Chamber tourism and marketing initiatives for Genesee County. https://visitgeneseeny.com/about/join-our-team
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Town of Batavia Court Department is seeking a part time as needed Court Officer. Court Officers are responsible for maintaining order in the court room and court facility during proceedings. Please send resume to Town of Batavia, Attention Hiedi Librock, 3833 West Main Street Road, Batavia, NY 14020. Complete job description is available on the Town web site or at the Town Hall Application deadline is April 15, 2024.
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