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Today's Deals: Blue Pearl, Carlson's, Matty's, Settler's and more

By Howard B. Owens

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atm.osphere. We have a gift certificate for three weeks of yoga, a $30 value, for $15

Carlson's Studio, 39 Jackson St., Batavia, NY: Now is the time to start planning your spring portraits. We have a $100 gift card for $50 (+$2 PayPal Service fee).

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

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Truck hits utility pole on Bloomingdale Road, Alabama

By Howard B. Owens

A truck hit a utility pole in the area of 1254 Bloomingdale Road, Alabama.

A transformer may have been knocked down. There are wires on the roadway and Bloomingdale is now closed.

There is also fluid on the ground.

Alabama Fire is responding.

UPDATE:  Reportedly, a semi-truck with trailer hit the pole. It reportedly also hit a structure, possibly a house.  It then reportedly left the scene.

Wide loads snarl traffic in Downtown Batavia

By Howard B. Owens

Seven or eight trucks carrying wide loads, along with multiple escort vehicles, passed through Batavia on Main Street this morning.

At about 11:30, traffic was tied up between Ellicott and Oak streets, as at least four police cars were used to block traffic, allowing the convoy to pass safely along the route.

The trucks appeared to be hauling windmill parts.

New York's new blue and gold plates now available

By Howard B. Owens

Genesee County Clerk Don Read holds up one of the new New York license plates, which are now available.

Unlike the original plan, switching to the new plate is not mandatory, and just because you register your new vehicle, doesn't mean you will get the blue and gold plate. Unless requested, according to Read, the old Empire State plates will be given out until there are none left (that's them on the shelves behind Read).

People who want the new plate when it's time to renew their vehicle registration, can request a pair.

However, vehicle owners with "County Clerk Plates" (GS, BA and 7H series) will have to wait until the current supply of those Empire Plates are used up. The State isn't sending out county plates until current supplies ares are depleted.

Read, a history buff, said he likes the plates' retro design.

"A lot of people don't like them," Read said. "I think they're nice."

Critical week for many New Yorkers out of work as benefits expire

By Howard B. Owens

For many New Yorkers who lost their jobs near the start of the recession nearly two years ago, this could be a terrifying week.

Unemployment benefits cannot be extended past 99 weeks, and for 46,000 New Yorkers, those 99 weeks are up.

Figures for how many Genesee County residents might be effected are not immediately available, but the Democrat and Chronicle reports that 2,100 Rochester-area residents will be losing their benefits this week.

In each of the following weeks, more and more people will see their benefits expire.

Last year, Congress extended the previous 26 weeks of benefits to 99 weeks, but officials are not expecting another extension.

State Labor officials are encouraging people who are losing benefits to visit the state's "My Benefits" site and complete a five-minute self-assessment of income and family situation to determine what other government aid might be available.

Potential assistance includes food stamps, health benefits, school lunch programs and other government programs.

Officials are also encouraging unemployed workers to reach out to job centers in the state, such as the one on East Main in Batavia, which can help with job-search tasks.

The latest figures from the Department of Labor put Genesee County's unemployment rate at 9.1 percent. The state's rate is 9.3 percent, while the rate nationally is 10.4 percent.

UPDATE: Jeanne Ianita, business services representative for the Department of Labor in Batavia, called with the local numbers.  On the week ending March 28, 98 people in Genesee County lost their benefits. Over the next three weeks, unemployment payments will stop for another 19 people.

Below is a video produced by the State Department of Labor:

Police Beat: Man accused of breaking up items in mother's home

By Howard B. Owens

Sath Paul Dhanda, 29, of 5458 Clapsaddle Road, Bethany, is charged with criminal mischief, 4th. Dhanda was arrested at 12:30 p.m., Wednesday, after his mother phoned in a complaint about him allegedly breaking items in her home. Dhanda was allegedly drunk. He reportedly threw a sewing machine and knocked over two television sets. He was jailed on $5,000 bail. This is the fourth time Dhanda has been arrested since October.

Farah St. Cloud, 18, of 1196 Lake Ave., #2, Rochester, is charged with disorderly conduct. St. Cloud is accused of engaging in violent and threatening behavior by attempting to fight with other residents at College Village. During the 3 a.m. incident, St. Cloud reportedly had to be held back by roommates and College Village staff.

Joshua Cordero McIver, 22, of 130 3rd Ave., Apt. 18H, Brooklyn, is charged with criminal trespass, 3rd. McIver was reportedly at College Village after being banned from the property.

Ricky A. Marsceill, 45, of Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Marsceill was stopped by State Police at 11:10 p.m., Tuesday, on Route 33 in Stafford.

Justin M. Quaintance, 18, of Bergen, is charged with grand larceny, 3rd. Quaintance was arrested Tuesday by State Police on charges that stem from a Sept. 26 incident. No further details were released.

Tanya M. Tomlin, 41, of Batavia, is charged with petit larceny and criminal impersonation, 2nd. Tomlin is accused of shoplifting from Kmart at 12:55 p.m., Tuesday. She was arrested by State Police.

Jeffery D. Appleberry, 33, of Rochester, is charged with unlawful possession of marijuana. Appleberry was stopped by State Police on the Thruway in Stafford at 10:30 p.m., Monday.

No snow in March could make for record-shortest winter

By Howard B. Owens

Fans of long winters may long remember 2009-2010 as a disappointment.

There was no measurable snow in March, according to Dave Sage of the National Weather Service, and combine that with a late snowfall to start the season, it may be the shortest winter on record for Genesee County.

"It's pretty unusual," Sage told WBTA. "We didn't even have our first measurable snow until Dec. 1. If Feb. 28 is truly the last time we had measurable snow, it will be the shortest period, just a 90-day period, between the first measurable snow and the last measurable snow, and that would be a record."

The last time there was no snow in March was in the 1870s.

Sage, noted, however, that it's at least theoretically possible we'll get more snow before summer. In 1989, the region was hit with 8 inches of snow on one day in May.

UMMC marks construction milestone with ceremony

By Howard B. Owens

To commemorate the last steel beam being put in place on UMMC's $19.5 million expansion, the hospital held a "topping off" ceremony this afternoon.

A worker placed a flag -- for national pride -- and an evergreen tree -- for growth -- atop the beam.

The beam was painted white and signed by employees, administrators and board members.

When completed, the expansion will add 44,000 square feet to the front of the hospital on the North Street side. Construction is expected to be completed in December.

Wilson Verdict: Guilty on both counts

By Howard B. Owens

(Updated 4:10 p.m.)

Reginald M. Wilson passed up a plea deal that would have limited his prison time to two- to four-years in State Prison on a charge of criminal possession of stolen property.

This afternoon, a jury convicted him of burglary, 2nd, and criminal possession of stolen property, 3rd, and now Wilson has to wonder if Judge Robert C. Noonan will want to lock him away for life.

Because of Wilson's prior violent felony offenses, his upcoming stint in prison won't be a short one either way.

On the burglary charge, Wilson is facing a possible 5 to 15 year sentence. The possession charge carries a maximum sentence of 3 1/2 to 7 years.

District Attorney Lawrence Friedman said he's not ready to indicate whether he will ask Noonan to consider a life sentence.

Noonan set the sentencing for May 12 and revoked Wilson's $100,000 bail, which was never posted.

Wilson showed little reaction when the verdict was read. There were four additional law enforcement officers in the court room when the jury came back. The jury forewoman's hands were visibly shaking when she handed the verdict slip to the court deputy.

Defense Attorney Fares Rumi said he still believes the jury should have returned a not-guilty verdict.

"I felt we put on a strong defense," Rumi said. "I felt we exposed the weaknesses in the prosecution's case. I'm obviously disappointed in the verdict. I didn't feel the People met the burden of proof.  But the law is the law. We have a good system."

Friedman said he was pleased with the verdict, that he felt all along that Wilson was guilty.

"As I told the jury (this morning), I really could not believe that this witness (Dillon Brito) who testified for us, the accomplice, as a 17-year-old, would falsely implicate this particular defendant. I just could not fathom what his motivation would be for doing that. He was consistent. I thought he was believable. Obviously, the jury thought so, too."

UPDATE: After court, I failed to ask Mr. Rumi why he didn't have Gibson and Dash testify. Readers may remember that Gibson and Dash were reportedly willing to say that Wilson did not participate in the burglary.  I spoke with Mr. Rumi again a few minutes ago. He said even though the trial is over, he didn't want to go into detail on his strategy, but it was a strategic decision based on his review of all the statements in the case.  "I still believe it is the right decision."  Also, in a previous story I said Rumi is "from Batavia."  He said he grew up in Batavia, but now lives and is based in Rochester.

For previous coverage of this case, click here.

Muscle car drawing leads to record night for Batavia Downs

By Howard B. Owens

The joint was hopping Saturday night at Batavia Downs, with more than 6,100 patrons on hand for a muscle car drawing and a live band in the Paddock Room.

There were 3.1 million credits played Saturday, and Marty Biniasz, director of marketing, said that is a new record, beating the 2.8 million credits played one night last march.

The muscle car -- a 2010 Camero SS -- was won by a guy named Jim (last name not released) from Le Roy. He opted for the $20,000 instead.

Players eligible for the drawing earned chances to win through play at the casino over the previous seven weeks.

Last year, the an OTB employee won the Dodge Challenger given away by the Downs. This year, Biniasz said, before the winner was announced officials made sure he wasn't an employee of the Downs, of OTB or the dealership sponsoring the contest.

To accommodate the large crowd, the Downs opened up the Paddock Room, where an 80s tribute band played live, and the grandstands were open with TVs tuned either to basketball or the Buffalo Sabres game.

Attorneys make closing arguments in State Street burglary case

By Howard B. Owens

The testimony of Dillon Brito, one of the men who admitted to taking part in a robbery on State Street, Batavia, in September, was the focus of closing arguments for both the defense and prosecution in the trial of Reginald M. Wilson.

Wilson is charged with burglary and possession of stolen property and faces a possible life sentence because of his prior felony convictions if the jury finds him guilty.

The jury began deliberations this morning.

In his summation, Defense Attorney Fares Rumi told jurors that Brito lacked credibility.

"He's a young criminal who took a deal to testify," Rumi said.

District Attorney Lawrence Friedman countered that Brito implicated Wilson when he was first arrested, long before the prosecution offered a plea agreement. Brito's testimony was credible, Friedman said, because his statements were consistent from the time of his arrest to his testimony and even under cross-examination.

"It's not like he tried to accuse Reginald Wilson to save his own skin," Friedman said. "How does implicating Reginald Wilson saves his own skin? Why would he implicate Reginal Wislon when it hasn't been shown he has a motivation to lie? I’m not saying people never lie, but people usually lie for a reason. What was the reason?"

Brito said Wilson asked him to act as a lookout during the break-in and that he saw Wilson enter the residence. Brito also testified that he was with Wilson and the other defendants, Quentin L. Gibson, 25; Joseph D. Dash, 24, when they were showing off the allegedly stolen items.

Wilson's possession of the car that was stolen from the State Street house was also a key part of the closing arguments.

Rumi asserted that the prosecution failed to prove that Wilson knew the car was stolen. He relied heavily on the fact that Wilson drove that car around Batavia the day after the burglary, even hanging out with it on State Street.

"Think about it, men and women of the jury, my client rode around all over Batavia all day," Rumi said. "He wouldn’t have done that if he knew it was stolen. He would have taken it out of town or he would have ditched it."

Friedman told jurors that Wilson obviously knew the car was stolen because he gave differing versions of how he came to possess the car. First he told Toni White that his girlfriend gave it to him. Later he told her it belonged to "Joey."  When he was picked up by police, he reportedly said it belonged to a friend.

Obviously, Friedman said, Wilson wasn't worried about being caught with the car. "He had his story ready," Friedman said.

The car not only proves, Friedman said, that he knowingly possessed stolen property, but it corroborates Brito's testimony that Wilson participated in the burglary.

Following the arguments, Judge Robert Noonan instructed the jury on its role in evaluating facts, what they heard in court and that it is not the juror's job to decide what the law should be. He further explained the law and the scope of the case.

Young driver suffers minor injury in Galloway Road accident

By Howard B. Owens

A 19-year-old driver says she hit an unknown object on Galloway Road yesterday causing her to lose control of her car, sending it over an embankment and into a group of trees.

Ashley N. Rippel, of 1302 Phelps Road, Corfu, suffered non-life threatening injuries and was transported by ground ambulance to UMMC.

The crash occurred at 4:01 p.m.

Rippel was driving a 2001 Plymouth sedan owned by a Batavia resident.

There were no passengers and no other vehicles were involved in the crash.

No citations were issued.

The accident was investigated by Deputy Timothy Weis.

Batavia thruway exit to undergo repairs

By Howard B. Owens

One lane of the Batavia Toll Plaza will be closed for pavement repairs until mid-May, according to a news release from the Thruway Authority.

Travelers should plan for delays of up to five minutes.

Lane #3 will be closed.

There may be other delays in the coming weeks as other lanes are periodically closed for concrete removal between toll lanes.

Today's Deals: Matty's, Margarita's, Sallome's, Settler's and T.F. Brown's

By Howard B. Owens

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out. We have $10 gift certificates for $5 each.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Accident reported at Bank and Douglas

By Howard B. Owens

A one-car accident has been reported at Bank and Douglas in the City of Batavia.

A possible health problem may have been the cause.

No word on injuries.

City Fire and Mercy EMS dispatched.


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Photo: Barn on Macomber Road, Oakfield

By Howard B. Owens

I was in Oakfield this evening chasing what turned out to be a story that didn't pan out, but I figured so long as I was out that way and the sun was setting, I should try to find a barn to photograph at sunset. This is what I came up with. It's on Macomber Road near Galloway.

Burglars grab items from house in Stafford, but leave dope behind

By Howard B. Owens

Burglars, supposedly, are out to steal things they can sell so they can buy drugs.

It doesn't seem too swift, then, to break into a house, steal several items, but leave your drugs behind, but that is precisely what seemed to happen yesterday in Stafford.

James Mitchell wrote us this evening to ask The Batavian to publicize the break-in at his parent's home on Sanders Road, hoping that the information might lead to the arrest of the burglers.

At the end of his e-mail, he wrote:

Oh yeah, the funny part of this story is that the stupid person(s) that did this were in such a hurry to leave, that they dropped a bag of marijuana on the floor on their way out.

He didn't say how much dope the burglars lost, but as a business proposition, they surely cut into their profits for that job.

The criminals did get away with a Wii, four Wii controllers, games, two digital cameras, a camcorder, a printer dock for a camera, a large suitcase and a shot gun.

The break-in occurred sometime between 7:30 a.m. and 2:30 p.m.

Mitchell asks if anybody can offer information on the recovery of the items and/or the arrest of the suspects, please call the Sheriff's Office (345-3000).

Not all the smoke has cleared from Cristina's fire

By Howard B. Owens

At 230 Ellicott Street, there is a vacant lot, but it's more than just an unsightly gap between two commercial buildings. It also represents unfinished business.

Richard Borrell, owner of Borrell Fitness, right next door, figures the fire that destroyed Cristina's Restaurant on July 12, 2008, has cost or will cost him from $340,000 to $375,000.

So far, neither Charles Brumsted Jr., Cristina's owner, nor Brumsted's insurance company, Mid-State Mutual Insurance, have reimbursed Borrell for his losses.

Borrell said he's retained a lawyer out of Buffalo and said a lawsuit was filed last week on his behalf, but the suit is not on file with the Genesee County Clerk. The Batavian has called the law office of Eugene C. Tenney seven or eight times since last Thursday, where receptionists say Edward J. Schwendler, III, is handling the case, but Schwendler has returned none of the calls.

It's unclear if Brumsted -- we couldn't find contact information for him -- settled his claim against Mid-State.

An attorney for Brumsted, Charles Ritter, of Buffalo, filed a lawsuit May 18, 2009, against Mid-State, alleging that Mid-State had failed to honor the contractual terms of its insurance policy. Brumsted sought at least $1.5 million in damages, which included a $375,000 claim by Borrell.

In the filing, Brumsted claims that Mid-State representatives indicated he would have no trouble collecting on his insurance claim and that he would be able to reopen for business by Spring of 2008.

On Dec 3, 2009, Ritter and Mid-State's attorney, Joseph Rizzo, of Rochester, signed a "stipulation of discontinuance." The short document is ambiguous on whether this constituted a settlement of Brumsted's claims and contains no details on whether Brumsted received any payment from Mid-State. 

Neither Ritter nor Rizzo returned calls placed today.

Mid-State has also not returned a phone call seeking more information about Cristina's.

Borrell is unsure why Mid-State has not settled with him and preferred not to comment in detail about his legal situation. He said his building suffered extensive fire and water damage. The floors on the second floor are warped, the bricks and mortar on the outside of the building were heavily damaged, he suffered water damage to equipment and his HVAC system. 

The cause of the fire has never been determined. Captain Michael B. Drew of the City of Batavia Fire Department issued a report following a thorough investigation July 12, 2008.

While the investigation team was able to eliminate many accidental hazards, it was not able to eliminate all hazards, namely electrical wiring or equipment malfunction.

In addition, the investigation team was unable to eliminate the possibility that the fire cause may have been other than accidental and is therefore undetermined at this time.

Drew's report says the fire started in the area of the central stairway.

A possible accidental cause that was not ruled out was a malfunction in a electrical junction box on the east wall of the basement. Damage to the box, which included a hole burnt through the cover, could not have been done by an external fire source, Drew wrote.

At the same time, given the location of the box and the location of the fire origin, that junction box could not conclusively be ruled as causing the fire.

In interviews with investigators, Brumsted said he had electrical problems with a fan and was bringing an electrician to fix it. "Fire damage to this unit was noted to be inconclusive with its direct involvement in the fire's ignition," Drew wrote.

Brumsted said the building had been up for sale since 2001. He also said he was seeking a demolition permit for the restaurant portion of the building. 

In 2000, news reports said Brumsted was planning to convert the building into office space.

Cristina's was named after Brumsted's aunt, Cristina Meleca, who crafted some Italian recipes for the restaurant. Cristina Meleca died in 1995 at age 95. Brumsted purchased the restaurant from his uncle, Frank Meleca, in 1985.

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