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Buffalo attorney who has worked locally suspended for misconduct

By Howard B. Owens

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A Buffalo-based attorney who has represented local residents in criminal cases, including a former Batavia High School basketball star he helped win acquittal in a jury trial, has been suspended from practicing law for three years.

Frank T. Housh was suspended by the Fourth Judicial Department of New York for misconduct, mishandling of client funds, neglecting clients, and engaging in conduct involving dishonesty and deceit.  

All of the cases involve clients retained in civil matters, not criminal cases, and the clients are not identified in the court's written, seven-page ruling (pdf), so it's unclear where the clients may reside.

Attempts to contact Housh for comment were unsuccessful.

The cases involving misconduct go as far back as 2015 and include misuse of retainer payments, failure to inform clients of case progress, not following through on promises to clients, including not filing cases against defendants, and even apparently falling for another party's attempt to fraudulently obtain a client's lawsuit settlement funds.

The court found, among other findings, that Housh: 

  • In July 2017, he took a $2,500 retainer and co-mingled it with his law firm's operating funds and did not file the complaint as promised, and then tried to bill the client for additional hours;
  • In January 2016, took a $2,500 retainer and co-mingled the funds, then failed to consult with the client on the case and failed to follow through on the case;
  • In August 2015, took funds and did not communicate adequately with the client or follow through on the case;
  • In February 2017, he was retained in a case where a child had been suspended from school for 35 days and then did not communicate with the client or follow through on efforts to reduce the suspension until after the 35 days had passed and then promised to take further legal proceedings but did not;
  • In March 2016, he agreed to represent a family in a bullying case and then failed to respond to his client's numerous inquiries about the case and later led the client to believe a lawsuit and been filed, but he did not file a lawsuit;
  • In June 2016, he agreed to assist parents with a special needs child, but after getting no help from Housh, the family obtained its own educational support;
  • The oddest assertion is that Housh transferred $137,800 of settlement funds to an LLC without confirming the LLC was associated with his client.

Housh was suspended following a legal process that began with a Grievance Committee receiving multiple complaints about the attorney's conduct.  The committee filed a petition with the court outlining 10 complaints, which Housh denied. The court appointed a referee to investigate and hold a hearing, but then the parties agreed on a stipulation upholding many of the factual allegations.  The hearing focused on unresolved issues and Housh's assertion -- the potential mitigating factor of his conduct -- that he suffered from mental health issues during this period.

The referee concluded that any mental health issues were unrelated to the misconduct and that Housh did not act with "venal intent." 

The court disagreed with the referee's conclusion as to the attorney's intent.

 The ruling concludes:

Indeed, although we commend respondent (Housh) for seeking mental health treatment, we agree with the Referee that respondent failed to establish that the misconduct at issue in this case was caused by mental health issues. We disaffirm, however, the Referee’s advisory finding that respondent did not act with venal intent inasmuch as the record establishes that respondent engaged in an extensive course of misconduct that resulted in harm or prejudice to several clients and that was, at times, deceitful and knowingly in favor of respondent’s personal interests at the expense of the interests of his clients and his professional obligations as a lawyer. We further agree with the Referee’s finding that, during respondent’s hearing testimony, respondent often became evasive when questioned about circumstances surrounding the alleged misconduct and his own culpability for the misconduct, which in our view, demonstrates respondent’s lack of remorse or inability to acknowledge the extent of his wrongdoing.

Housh represented Antwan Odom, of Batavia, in 2019 after Odom, then 18, was charged with attempted assault, and criminal possession of a weapon, 4th following a dispute with a former teammate.

Odom was acquitted in a trial that was as colorful as Housh's singular sartorial style. Housh frequently clashed with then-District Attorney Lawrence Friedman, even seeking to have Friedman disqualified from prosecuting the case. Housh's potentially prejudicial statements to reporters early in the case led to then-Judge Charles Zambito instituting a gag order, which The Batavian successfully challenged.

The two attorneys also tangled during jury selection, and then, on another occasion, Housh suggested Friedman was involved in inappropriate communications with the judge.

Housh was representing criminal defendants in Genesee County just prior to his suspension. The Batavian does not have information immediately available on those cases.

Photo: File photo of Frank Housh by Howard Owens

Rotary Tournament Pavilion defeats Batavia 49-35

By Howard B. Owens

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Pavilion improved to 6-1 on the season with a 49-35 win over Batavia in a first-round game of the 33rd Annual Batavia Rotary Club Basketball Tournament.

Karlee Zinkievich scored 22 points for the Gophers. Lauren Kingsley scored 17.

For Batavia, Anna Varland and Jaimin Macdonald scored 11 points each.

It was the eighth loss for the Blue Devils this season.

Pavilion faces Notre Dame in the tournament's championship game on Thursday at GCC at 7:45 p.m.

To view or purchase photos, click here.

Photo by Steve Ognibene

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Notre Dame 62-19 vs. Pembroke in 33rd Annual Rotary Tournament

By Howard B. Owens

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Amelia McCulley scored 31 points to lead Notre Dame to a 62-19 win over Pembroke in a first-round game of the 33rd Annual Batavia Rotary Club Basketball Tournament at GCC on Tuesday.

Emma Sisson scored 14 points for the Irish, and Avelin Tomidy scored eight. Sisson also had ten rebounds and five steals. Tomidy had 11 rebounds and six assists. 

Olvia Breeden scored eight points for the Dragons.

Notre Dame will play in the championship game at 7:45 p.m. on Thursday at GCC.

To view or purchase photos, click here.

Photo by Steve Ognibene

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Former owners of abandoned pit bulls admit to animal cruelty

By Howard B. Owens

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"Brad Pitt" can finally move into a new forever home after his former owners accepted plea deals in County Court today that include them surrendering ownership of the dog, who was found abandoned and feces-covered in an apartment in May.

"Brad Pitt" is the name given to the male pit bull after he was brought into the shelter. His female companion was in such poor health after being abandoned in Apt. 60, 337 Bank St., Batavia, that she had to be euthanized.

The two dogs had apparently been bred and then left in cages without food in the apartment by  Andrew A. Searight, 35, and Jerrtonia A. Scarbrough, 24.  By the time they were discovered, they were both near death.

Under terms of the plea agreement offered by District Attorney Kevin Finnell, Searight and Scarbrough entered guilty pleas to two counts of cruelty to animals under Ag and Markets Law in exchange for a one-year term of interim probation.  They must abide by all the terms of probation and perform 150 hours of community service.

If they successfully complete the program, they can return to court in December and plead guilty to misdemeanor charges, at which time they can be sentenced again to either a term of probation or up to a year in jail on each charge.

Legally, they cannot be prevented from ever owning animals again, but under the terms of the agreement, they will not be allowed to own animals while under the court's supervision.

Finnell said he thought Searight should be required to serve his community service in an animal shelter so that he might better understand the trauma to animals when they're mistreated, but he said he understood that shelters might be reluctant to take him on as a volunteer given his conviction.  

Judge Melissa Lightcap Cianfrini concurred but said whatever community service Searight takes on, he is to inform her and get her approval before proceeding.

She said she personally wanted to closely monitor his probation and community service.

Searight and Scarbrough came into court together with an infant in a carrier.  They now live in Niagara County, and their terms of probation will be supervised by Niagara County's probation department, but their community service will be monitored by Genesee Justice.

Searight admitted in court that he abandoned the dogs and failed to provide proper sustenance and care, leading to the death of one of the dogs.  He agreed to pay restitution for the medical care and shelter of the male dog.

Photo: File photo of "Brad Pitt" by Howard Owens.

Batavia Rotary hosting 33rd tournament at GCC tonight and Thursday

By Howard B. Owens

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The Batavia Rotary Club hosts its 33rd Girls Basketball tournament at GCC starting tonight with games between Notre Dame and Pembroke and Batavia and Pavilion, with the championship game scheduled for Thursday.

The club held its tipoff luncheon today, introducing the teams at the Arc GLOW facility on Woodrow Road in Batavia.

Notre Dame is aiming to repeat its championship of a year ago, and Head Coach Tom McCulley complimented the Rotary Club on the quality of its tournament.

"This is a great, a great thing you guys put together," McCulley said. "I mean, I know a lot of teams really wanted to get in this tournament, and it's because of this environment and what you guys do, not just the one night or two days at the college, but you're out here for sports. It's a well-run tournament. From the concessions to the award ceremonies to the games to the timing, everything is top notch."

Game one tonight is Notre Dame vs. Pembroke at 6 p.m. Batavia faces Pavilion at 7:45 p.m.  The championship is at 7:45 p.m. Thursday.

Top photo: Karlee Zinkievich, Pavilion, Karli Houseknecht, Pavilion, and Amelia McCulley, Notre Dame (Batavia's team was unable to attend the luncheon).

Photos by Howard Owens.

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Note Dame: Tom McCulley, Avelin Tomidy, Maggie Monachino, Maylee Green, Emma Sisson, and Amelia McCulley.

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Pembroke: (from right) Head Coach Jamie Johnson, Karli Houseknecht, Isabel Breeden, Elle Peterson, and Assistant Coach Aralyse Johnson

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Pavilion: Head Coach Ben Schwenebraten, Lauren Kingsley, and Karlee Zinkievich.

County's smallest department kept travelers fed, warm, and safe during Winter Storm Elliott

By Howard B. Owens

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Genesee County's smallest volunteer fire department shouldered a big burden during the pre-Christmas blizzard that blew through Genesee County a week ago, providing rest, warmth and food to about 60 people stranded in the area by the storm.

The Indian Falls Volunteer Fire Department has 12 members, but only six could muster the storm response because the rest were trapped in their homes by heavy snow.

For Chief Ed Mileham, the department's response began Friday morning, Dec. 23, when the dispatchers informed him that deputies had rescued two people and wanted to bring them to the Indian Falls Fire Hall to provide them shelter.

Sure, Mileham said, he would be to the hall in 20 minutes.

But getting there wasn't that easy. The storm was already blowing through the area and the passage from his home on Indian Falls Road to the fire hall on Route 77 was already covered in snow drifts.  It took close to half an hour for him to make the trip.

At 2 p.m., a couple more people arrived, then a few more, then a few more. 

"After a couple more people arrived, I called Lu (Lu Anne Mileham) and said, 'hey, can you put out a message to anyone available?'" Mileham said.

Dave Olsen said he couldn't get out of his yard, but Mileham spoke with another resident who had a snowplow, and he went and cleared a path for Olsen and his son Max.

With Max Olsen on board, the department could start participating in some rescues. 

"I started to get actual phone calls here at the Fire Hall," Mileham said. "'Hey, we're stuck here. We're stuck there.' Max went out, picked them up and brought them in. By five o'clock, I think we had 12 people here. By six o'clock, I called Lu and I said, 'Hey, can you do some sloppy joes up?' I said. 'I got 12 people down here,' but the time she got done making sloppy joes and I sent Max down to pick them up, and it was seven o'clock, and we had 20 people."

By midnight, the count was up to 40 people, and by Saturday morning, it was 60.

And it was quite a mix of people -- a group of young Asians, a couple from Munich, a couple from Poland, folks from California going to Niagara Falls, an ER doctor returning from work in Rochester to his home in Williamsville.  There were people from New Jersey, Pennsylvania, Ohio, Canada, and Maryland.

"It was a large number of people that were either coming from or going to Canada," Max said. "I think that might have been like a GPS thing. It wasn't the whole crowd by any means, but there was a definite consistency that they were all using their GPS, and it kept closing roads and redirecting them, so like, it seemed they kind of almost got funneled into this area."

The Indian Falls response to this influx of people was handled by Ed Mileham, Lu Anne Mileham, Dave Olsen, Max Olsen, Matt Delre, and Randy Filter.

The leadership came from Mileham, and Dave Olsen gives him all the credit for keeping things in order.

"We got a lot of comments that (the situation) was handled, probably, as best as it possibly could be," Olsen said. "With some of the people, they complimented the chief quite a bit for his professionalism and the way he kept everything in order and had a plan and kept things written down. You know, he had an organization. He thought ahead. He thought about getting the food and things that, Most of us were just thinking about, 'Oh, what's the next fresh hell is that this storm is going to bring?'"

No serious issues
In Oakfield, volunteers were called upon to deal with a couple of hypothermia cases that were very serious. Indian Falls was spared any dire medical cases but there was a woman who arrived at the hall from Oakfield. She has epilepsy and had left home without her medication. It had been more than eight years since she'd had a seizure.  After several hours, she informed Mileham that she was getting a headache, so he arranged for one of the convoys that were sweeping the area to pick up stranded motorists to transport her back to Oakfield.

Then there was the guy who showed up in a kevlar vest packing a sidearm.

It turns out he is private security for a company in Rochester.

"He walked in, and there were like five deputies, and one was Joe Graff (the chief deputy of investigations)," Mileham said. "He comes walking in. He's got his bulletproof vest on. He's got his pistol on. It's like two o'clock in the morning. 'Whoa, wait, who are you? Let's see your permit.' Had no ID. No wallet. Nothing."

He had left his wallet in his car.

The deputies took his vest and gun and secured it, and told him he could pick it up Monday at the Sheriff's Office.

"The guy said, 'Hey, I've got no problem with it. I'll see you Monday or Tuesday.'"

That level of cooperation was apparent throughout the two days folks were stranded at the Indian Falls Fire Hall, Mileham said.  People just got along and cooperated.  

The first night's sleeping arrangements weren't ideal. Since the number of travelers coming through the area was unexpected, Indian Falls wasn't quite prepared to host 60 people.  There were no cots or blankets on hand.

Fortunately, the hall's floor is heated.

"Everybody said that, once they got laid on the floor, they were pretty warm and comfortable," Mileham said.

The Red Cross delivered cots and blankets on Saturday so the second night at the shelter was a bit more comfortable.

Feeding sixty unexpected guests
The hard part was food.

Lu Anne Mileham hadn't exactly prepared to feed 60 travelers, but with the storm coming, she had stocked up in case she needed to feed department members.

"On Wednesday or Thursday, I happened to be at BJs and I thought, you know what, I'll pick up a couple of loaves of bread, some chips, some lunch meat and stuff," Lu Anne said. "I'm thinking if our guys get caught here, at least we'll have that, and we've got water and soda in the fridge, so but at least they'll have something to eat a little bit."

She also had some supplies at home, and with some kids in the hall, a couple of boxes of mac and cheese came in handy.

On Saturday morning, Mileham contacted Crosby's in Corfu and ordered six sheets of breakfast pizza.

Later that day, he ordered pizza from a new pizza shop in Corfu, and by then, he was aware that some of the Indians in the group were vegans, so he had to get some meatless options.  One guy wanted a white sauce pizza, too, so Mileham ordered a pizza with white sauce.

The one difficulty Mileham couldn't solve for one of his department's guests was getting the Buffalo Bills game on the TV.  Spectrum was out of service during the storm.

"He goes, 'really?' I go, 'Hey, I'm with you. If you can get it on your phone, great."

When The Batavian told Tim Yaeger, Genesee County's emergency management coordinator, that we were doing a story about the storm response of the Indian Falls Volunteer Fire Department, he texted back immediately, "Ed and Lu Anne Mileham specifically are truly amazing people.  From working the COVID vaccination site at GCC to covering calls in the West Battalion on a daily basis, we would be lost and in trouble without them."

It turns out, so would have been a bunch of people from throughout North America and Europe on Dec. 23 and 24 when Winter Storm Elliott hit Western New York.

See previously: 'Fast Eddy' hangs up badge after 32 years of police work

Top photo: By Howard Owens, of Max Oslen, Dave Olsen, Lu Anne Mileham, and Ed Mileham.

Photos below, courtesy of Ed Mileham.

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Law and Order: Two people accused of attempting to smuggle contraband into jail

By Howard B. Owens

Jose A. Rivera, 36, of Batavia, is charged with criminal contempt 1st, attempted promoting prison contraband 1st, and Ida M. Vanorden, 36, of Swan Street, Batavia, is charged with conspiracy 5th. Rivera and Vandorden are accused of conspiracy along with an unknown male, to introduce contraband into the Genesee County Jail. The contraband was intercepted by corrections officers on Dec. 26. Rivera is accused of violating a stay-away order of protection. Both Rivera and Vanorden were issued appearance tickets.  The investigation is ongoing, and deputies are attempting to identify the third suspect. Any person who may have additional information are requested to contact Deputy Nicholas Charmoun at (585) 345-3000, ext. 3258

Ledeja K. Wright, 32, of Maple Street, Batavia, is charged with torture/injure animal/fail to provide sustenance. Wright is accused of leaving a dog in an apartment after moving out and failing to provide sustenance to the animal. The incident was reported Nov. 30. Wright was arrested Dec. 15. She was arraigned in City Court and released. The dog is at the Animal Shelter. 

Vicki Lynne Manns, 52, of Brookville Road, Alexander, is charged with menacing 2nd, criminal possession of a weapon 4th, assault 3rd, and harassment 2nd.  Manns is accused of throwing a tray at a person, causing an injury. She is also accused of pointing a firearm at the same person. She was issued an appearance ticket.Robert L. Drennen is charged with criminal mischief 3rd. Drennen is accused of causing damage to a residence in the City of Batavia on Dec. 23. He was released on an appearance ticket.

Julie R. Richardson, 31, of Batavia,  is charged with grand larceny 4th, petit larceny, conspiracy 5th and tampering with evidence. Richardson is accused of stealing from a vehicle on South Main Street, Batavia, on Nov. 16. Richardson was arrested after an investigation by Officer Nicole McGinnis.

Andrew A. Crimes, 50, of West Main Street Road,  Batavia, is charged with criminal contempt 1st and aggravated family offense. Crimes is accused of violating an order of protection by contacting the protected party on Dec. 9. He was arraigned in City Court and released.

Deanna L. Yox, 37, of Clifford Street, Buffalo, is charged with petit larceny. Yox is accused of stealing from a business in Batavia in February 2020. She was arrested Dec. 21 following an investigation by officers Felicia Martinez and Wesley Rissinger. Yox was released on an appearance ticket.

Malinda J. Falk, 41, of East Main Street, Batavia, is charged with harassment 2nd and criminal obstruction of breathing/blood circulation. Falk is accused of attacking another individual on Dec. 17 at a location on East Main Street, Batavia. Falk was arraigned in City Court and released on her own recognizance. 

David L. Weaver, 32, of Atlanta, Illinois, is charged with harassment 2nd. Weaver is accused of striking another person during a disturbance on Dec. 10. He was released on an appearance ticket.

Dustin T. Forkell, 31, of Holley, is charged with petit larceny and false impersonation. Forkell is accused of stealing property from a local business on Dec. 11 and fleeing. He was located at another business in the Town of Batavia, at which time he allegedly provided a false name to officers. He was arrested, processed at Batavia PD, and issued an appearance ticket. The incident was investigated by officers Wesly Rissinger and Megan Crossett

An 18-year-old of Washington Avenue, Batavia, is charged with assault 3rd and criminal mischief. An 18-year-old resident is accused of attacking another person on Dec. 14 with an iPad, causing an injury. The youth was arraigned in City Court and released. 

Brittanee J. Hooten, of State Street, in Batavia, was arrested on two bench warrants after having failed to appear on an appearance ticket on prior arrests. Hooten was arraigned on Dec. 14 in City Court and released. 

Karrie A. Morrow, 40, of Summit Street, Batavia, was arrested on several outstanding Bench Warrants. Morrow was arrested on Dec. 14 after she was located during an unrelated incident. The warrants stem from several petit larceny cases at local businesses. Morrow was arraigned in City Court and released under supervision.

Jeffrey M. VanEpps, 45, of Albion, is charged with criminal mischief and attempted assault 3rd. VanEpps was allegedly involved in a disturbance at a business on West Main Street on Dec. 14. He was arraigned in City Court and released.

Jacob A. Richards, 34, of Rochester, is charged with possession of a forged instrument 1st and grand larceny 4th. Richards allegedly passed a forged check at a local bank. He was arraigned in City Court and ordered held on bail.

Terrance L. Falk, 24, of North Street, Batavia, is charged with criminal mischief 4th and assault 3rd. Falk was allegedly involved in a disturbance on an unspecified date in the City of Batavia. After initially fleeing the scene, according to police, he was located and taken into custody without incident. He was arraigned in City Court and released on his own recognizance. 

Byron K. Bell, 53, of Rochester, is charged with criminal possession of stolen property 3rd, aggravated unlicensed operation 3rd and speeding. Bell was stopped on Dec. 11 in the City of Batavia by Officer Josh Girvin and Officer Bryan Moscicki. Bell was allegedly driving a stolen vehicle while on a suspended license. He was arraigned in City Court and jailed.

Harry R. Silliman, 58, of Batavia, is charged with trespass. Silliman was allegedly on property on Maple Street without permission. He was arrested and issued an appearance ticket.

Zakara R. Jackson, age 19, of Trumbull Parkway, Batavia, is charged with bail jumping 2nd and failure to appear. Jackson was arrested on a warrant on Dec. 8 He was arraigned in City Court and released under supervision.

Daquan J. Butler, 26, of Ross Street, Batavia, is charged with petit larceny.  Butler is accused of stealing an iPhone 13 from another person on Ross Street on Dec. 3. He was arraigned in City Court and released.

Raymond Lunday Kelley, of Oak Street, Batavia, is charged with a false written statement. Kelley allegedly provided law enforcement with a false written statement related to an incident reported at Batavia Downs at 11:59 p.m., Dec. 16. He was released on an appearance ticket.

Douglas Wayne Logsdon, 74, of Big Tree Road, Pavilion, is charged with endangering the welfare of a child and harassment 2nd. Logsdon allegedly threw items at a person while a child was present during an incident reported at 5:41 p.m., Dec. 16 at a location on Big Tree Road, Pavilion. Logsdon was arraigned in Town of Pavilion Court and released.

Rachel B. Solomon, 30, of North Lake Road, Pembroke, is charged with criminal contempt 2nd and harassment 2nd. Solomon is accused of violating an order of protection by harassing an individual at 1 p.m. on Dec. 22. She was arraigned in Town of Pembroke Court and ordered held without bail. Solomon is also charged with aggravated criminal contempt, assault 3rd, and endangering the welfare of a child. The charges stem from an incident reported at 2:45 a.m., Jan. 2, at a location on Meadville Road, Tonawanda Indian Reservation. Solomon was jailed pending arraignment.

Joseph Michael Morelli, 54, of Orchard Street, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Morelli was allegedly found to be intoxicated at 2:02 p.m., Dec. 14, while at the Genesee County Probation Department on Main Street, Batavia, and arrested by Deputy Jonathan Dimming. Morelli was released to a third party on an appearance ticket. 

Adam Joseph Pape, 35, of Morrow Road, Pavilion, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, driving without an interlock device, and drinking alcohol in a motor vehicle on a public highway. Pape was stopped at 8:11 p.m., Dec. 30, by Deputy Zachary Hoy and released on an appearance ticket.

Nia Hanevin Spring, 23, of Griffin Road, Tonawanda Indian Reservation, is charged with criminal contempt 2nd and grand larceny 4th. Spring was arrested on Dec. 30, processed at the Genesee County Jail, arraigned in Town of Alabama Court, and released under supervision. 

Ronald Charles Inzinna, 54, of Le Roy, is charged with criminal mischief and harassment 2nd. Inzinna is accused of subjecting another person to unwanted physical contact and preventing that person from contacting 9-1-1 during an incident reported at 6 p.m., Dec. 30, at a location on East Main Road, Le Roy.  Inzinna was arraigned in Town of Stafford Court and released on his own recognizance. 

Arthur James Felski, 45, of Tonawanda Indian Reservation, is charged with harassment 2nd. Felski was charged following an investigation into an incident reported at 3:25 p.m., Jan. 1, in Basom. He was arraigned in the Genesee County Centralized Arraignment Court and released on his own recognizance.

Photos: First Night 2023 in Le Roy

By Howard B. Owens

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Le Roy rang in the New Year with the community's annual First Night celebration, including a fireworks display.

Photos by Nicholas Serrata.

 

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David Bellavia seeks to dismiss and seal portion of federal lawsuit filed by ex-wife

By Howard B. Owens

A Rochester-based attorney for David Bellavia has filed motions to dismiss and seal portions of a federal lawsuit filed against him and Orleans County alleging a conspiracy to deny Bellavia's ex-wife her constitutional rights.

Attorney Donald W. O'Brien's court filings assert that the lawsuit is deficient in proving a conspiracy and was filed in part to make disparaging remarks about Bellavia a matter of public record.

The suit was filed on Nov. 4 on behalf of Deanna Bellavia (known professionally as Deanna King) by attorney Nathan McMurray.  Plaintiffs in the suit include David Bellavia, Orleans County, the Orleans County Sheriff's Office, the Orleans County District Attorney's Office, Investigator Corey Black, and a Sheriff's Office employee listed as "John Doe." 

The suit alleges that Bellavia and Black conspired to arrest King without probable cause and charge her with harassment for contacting Bellavia during their divorce proceedings in 2021.

Bellavia, a former Batavia resident who is originally from Orleans County and has resided there in recent years, received the Medal of Honor in 2019 for his actions during the Battle of Fallujah during the Iraq War.

King, who lives in Batavia, is a radio and TV broadcaster in Rochester.

McMurray has previously sought to represent Genesee County and the surrounding area in Congress. Earlier this year, McMurray filed a suit on behalf of former state senator George Maziarz against Batavia Downs that was subsequently dropped.

The federal lawsuit alleges government officials, acting under the color of law, conspired with Bellavia to have King arrested in order to discredit her during divorce proceedings.  The arrest, according to the suit, violated her rights to be free of unreasonable search and seizure and equal protection under the law.

O'Brien does not dispute that Bellavia filed a complaint against King alleging violations of a court agreement that limited contact between the parties but states that such contacts with law enforcement do not constitute a conspiracy and cites specific case law to support his assertion.

"Assuming these allegations are true, there is nothing sinister in Mr. Bellavia furnishing evidence to the Municipal Defendants upon which they based the harassment charges that resulted in Plaintiff's Adjournment in Contemplation of Dismissal (ACD)," the motion states. "Mr. Bellavia does not deny that he was the complainant in the underlying criminal case (emphasis retained). However, 'it has long been held that a private party does not become a willful participant by merely invoking the assistance of the police.' DeSantis v. Town of Cheektowaga, 2020 "

In his motions, O'Brien states that McMurray, in drafting the complaint filed in Federal Court, failed to identify a specific section of the United States Code on which King's claim of conspiracy was based.

He also asserts that the plaintiff's claims of a conspiracy are "based on conclusory assertions unsupported by any factual details tending to show, or even raise an inference of, an agreement to deprive Plaintiff of her constitutional rights. Rather, the conspiracy claim against Mr. Bellavia consists entirely of vague and general allegations of a conspiracy and relies upon mere connection and speculation."

To prove a conspiracy, O'Brien asserts, the plaintiff must provide details of a time and place when the conspirators reached an agreement to deny the plaintiff of her rights.  The suit, he states, fails to present such evidence. 

O'Brien is asking the court to strike and seal several paragraphs in the lawsuit as "scandalous and prejudicial" and that the claims in those paragraphs, even if there was any merit to the conspiracy claim, have no relevance to the case.

"Paragraphs 11 through 17 and 19 through 28, however, have no bearing on the single claim against Mr. Bellavia in the Complaint," O'Brien states. "Rather, these highly prejudicial allegations appear to have been included to obtain leverage in this action and to compensate for the absence of any factual allegations to support her conspiracy claims. The truth or falsity of these challenged allegations is immaterial to Plaintiff's claim against Mr. Bellavia. If Plaintiff believes that her claim is somehow enhanced by allegations that these two parties endured a contentious divorce, then Paragraph 18 adequately makes that assertion. The remaining seventeen paragraphs, however, are irrelevant and prejudicial and should be stricken."

A footnote in the motion notes that "Mr. Bellavia is not seeking dismissal of the Plaintiff's third claim for malicious prosecution since it is not directed at him. It should be noted, however, that the Plaintiff's agreement to an Adjournment in Contemplation of Dismissal means that she cannot establish that the underlying prosecution was terminated in her favor, as she is required to do."

When King's case was dismissed in accordance with her plea agreement in the Town of Ridgeway, the court record was sealed, and the court clerk in Ridgeway has denied there even is a criminal case on file in that court.

O'Brien also asserts that a number of claims made against Bellavia in the lawsuit violate the divorce decree's confidentiality and non-disparagement clauses. 

The divorce was final on Dec. 28, 2021.

"Plaintiff and her counsel were well aware of the restrictions placed on their ability to engage in such unrestrained and harmful public disclosures," O'Brien states.

The Batavian attempted to contact McMurray today for comment and did not get a response. He did not respond when we sought comment for a prior story on the lawsuit.  It should be noted that McMurray has previously indicated he has blocked communication from The Batavian's publisher (see related item).

None of the other defendants in the case have filed responses yet. The federal docket (Pacer account required) indicates all defendants were served prior to Dec. 9.

The filing of the lawsuit against Bellavia and the other defendants coincided with the release of Bellavia's new book, "Remember the Ramrods: An Army Brotherhood in War and Peace."

On Dec. 28, Federal Judge Jeremiah J. McCarthy granted Bellavia's "motion for leave to file under seal," which allows O'Brien to file supporting documents from the divorce proceedings for the court's review while keeping the documents sealed. 

McMurray has until Jan. 13 to file a response to the motion to dismiss. A hearing has been scheduled in Federal Court on Jan. 24.

Thruway Authority says 'no one should’ve been traveling' when Winter Storm Elliott hit

By Howard B. Owens

The NYS Thruway Authority has taken exception to reporting by The Batavian that the agency had no plan on Dec. 23 when it closed the portion of the I-90 going through Genesee County to route motorists away from the affected storm area.

In a Dec. 29 story about the response of the Oakfield and Alabama fire departments to rescue travelers, The Batavian reported:

The dangers of the storm were exacerbated by a Thruway Authority that shut down the I-90 with no plan to send travelers on safe routes and with Google and Apple map technology ill-equipped to warn drivers of dangerous weather conditions and send them on routes that would take them around the hazardous roads. 

In another story published that same day, we reported:

As hundreds of travelers learned on Friday, their trip on the Thruway would get abruptly cut off when a travel ban was issued and a large portion of the Thruway closed.

Jessica Mazurowski, public information officer for the Thruway cited both of these stories in an email to The Batavian on Thursday, saying she "wanted to make a few points to you about the storm."

Mazurowski wrote:

It’s unclear who is making this statement -- the paper or the County Manager. However, on Friday, when these people were traveling, and the Thruway closed, no one should’ve been traveling. Travel bans were already in effect in Erie and Genesee Counties, as well as surrounding areas. We close or issue travel bans in direct coordination with state and local entities to ensure everyone is on the same page.

All major media outlets across New York were reporting on this storm days in advance. Erie County and Genesee County both issued travel advisories on Thursday, Dec. 22 and upgraded them to travel bans on Friday, Dec. 23. The Thruway Authority announced the commercial vehicle ban on Thursday, Dec. 22 and began messaging on digital highway signs into Pennsylvania, to the Massachusetts state line and down to New York City. Messaging was also on social media, our website, and our mobile app, not just on the commercial vehicle ban but about the severity of the storm and urging motorists not to drive.   When the full vehicle ban was announced on I-90 from exit 46 to the PA state line, the messaging was on digital highway signs statewide and into PA, on social media and our website, and mobile app.

The Batavian's reporting is based on statements from multiple sources, not just County Manager Matt Landers, that the vast majority of people being rescued or seeking shelter in the homes of residents or warming shelters were from out of state and were forced off the Thruway in Genesee County with no idea of the local travel ban, the looming storm, its location, or the hazardous conditions a storm of this magnitude might manifest.

Our sources include other government officials, volunteer firefighters, tow-truck operators, residents who provided shelter, and some of the motorists themselves.

After receiving her email, The Batavian sent multiple questions to Mazurowski and received no response.

We wanted to know, If the Thruway Authority had prior knowledge of the dangers of the storm, why did it take so long to institute a travel ban?  Were travelers provided enough time to exit the Thruway before reaching the hazard zone?

Why was there no signage or traffic control at the Thruway exits to ensure travelers did not head north of the Thruway once they were in Genesee County?  Or was there signage we don't know about, and travelers just ignored it?

Our story stated the TA had no plan to deal with the unsafe conditions for travelers before dumping motorists off the I-90 onto rural roads.  We wrote to her, "Nothing in your response indicates the TA did, in fact, did have a plan in place to ensure the safety of travelers once they exited the Thruway." 

We noted to Mazurowski that it is unrealistic to expect all travelers to be aware of weather conditions, travel bans, or have familiarity with blizzards and lake effect snow (several sources told The Batavian, in fact, that many travelers had never encountered conditions such as they saw in Oakfield and Alabama on Friday and Saturday).

Motorists and passengers may not have tuned into terrestrial radio or have downloaded the appropriate apps to receive alerts. 

We asked, "Is it reasonable for the TA to assume that ALL travelers were aware of the hazards ahead?  Shouldn't it be foreseeable by the TA that some percentage of travelers will be unaware and unprepared, or engage in a blind unwillingness to listen to good advice?  Shouldn't the TA take precautions to help protect people from their own lack of knowledge and experience?"

We concluded, "So the question remains, what was the TA's plan to route travelers off the i-90 to safe locations?"

We followed up with Mazurowski on Friday and received a response that she was out of the office and to direct any questions to the general email address for the public information office.  We did. And still did not receive answers to these questions.

Batavia pulls away from Le Roy in Lions Tournament finale

By Howard B. Owens

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Once Batavia was able to slow down Merritt Holly, Jr. in the fourth quarter, the Blue Devils were able to pull away from the Oatkan Knights in the large school championship game of Lions Club Pete Arras Memorial Tournament at GCC on Thursday night.

Holly led the tournament in scoring after posting 28 points against Batavia, though he was held to just two field goals in the final quarter.

Le Roy's next highest point total came from Jean Agosto, with eight.

Carter McFollins scored 20 points for Batavia, and Rasheed Christie scored 12.

"I think our ball pressure in the second half was a key factor in that game," said Batavia Head Coach Buddy Brasky. "Merritt Holly is tough to stop and we really emphasized sandwiching him with two defenders and putting ball pressure on the guards, and I think that's what really kind of turned the game in the second half."

Brasky said he's proud of the effort of his team.

"They're playing hard, but we've got a long way to go," Brasky said.

McFollins was named the tournament MVP.

Also on the all-tournament team for the large school division were Jamel Johnson, Jr., of Roy Hart, Agosto, Holly, Batavia's Ja'vin McFollins, and Christie.

Photos by Howard Owens

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Notre Dame knocks off Oakfield-Alabama in Lions Tournament

By Howard B. Owens

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Down 42-35 after three quarters, the deficit put the fight back in the Irish, spurring Notre Dame to a 29-point fourth quarter and a 64-55 win over Oakfield-Alabama in the small schools championship game of the Lions Pete Arras Memorial Basketball Tournament at GCC on Thursday night.

Scoring for Notre Dame:

  • Jay Antinore, 19 points
  • Hayden Groff, 15 points
  • Jimmy Fanara, 13 points

For the Hornets: 

  • Kyle Porter, 18 points, 10 rebounds
  • Colton Yasses, 9 points, 10 rebounds, 4 assists
  • Brayden Smith, 8 points, 10 rebounds, 5 assists

Photos by Kristin Smith.  For more, click here.

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Tow truck operators: The unsung heroes of clearing traffic and getting travelers back on the road

By Howard B. Owens

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Tow truck operators don't get a lot of media attention.  They show up at an accident scene and might get in a few news photos as they hook up disabled vehicles to haul away, but they never get credit for helping to clear the roadway so traffic can flow again.

During Winter Storm Elliott, the county's tow truck operators were as essential as anybody else in getting people back on the road, and for saving stranded motorists.

And it was hard, hazardous work, some of them told The Batavian during interviews the past couple of days.

"I'm only 27," said Chad Dickinson of Dickinson Auto and Towing in Batavia. "I've never seen anything like this before, these blizzard conditions.  It was very treacherous at times, kind of scary at some points."

For Jacob Gross and Greg Lyons, who were joined in the effort by their boss, Cameron Selapack of L&L Transmission and Towing, there were aspects of the work that were just another day at the office. They found stuck cars and wenched them out and then either watched the owners drive off or brought the cars back to the shop or other safe location for storage.

"We're kind of used to it," Gross said. "But nobody should have been out on those roads. It was quite out of the ordinary."

It was bizarre at times, said Steve Grice, towing operations manager at Dan's Tire.

There were drivers in sandals, drivers with no phones, drivers who left the house with no charger and only a 20 percent charge on their phones, drivers low on gas, and drivers who put getting from one place to another a higher priority than themselves or their families, he said.

"I came across one guy, and I said, 'Sir, I'm gonna get you guys out because you are trapped in your vehicle, but why aren't you home with your family?" Grice recalled. "He said, 'Well, we need to get to the Christmas party.' I said, 'Your lives are at stake here. You need to get home.' And his wife leaned over, and she goes, 'thank you.' We pulled them out, and they went on their way."

Grice encountered a lot of people from Canada, such as the family in the story above, as well as other states.  As has been noted by county officials, most of these people wound up on Genesee County's backcountry roads because the Thruway closed, and they were following GPS maps.

"You wouldn't believe the number of people who said, 'Well, Siri said to go this way,'" Grice said. "I don't think Siri knows what's going on inside your car, you know? I mean, it's like you've got to look at the weather. You've got to know where you're going."

Gross and Lyons said they were surprised by how many people were out on the roads in the midst of a travel ban.

"We're hooking somebody up, and people continue driving by trying to get from Point A to Point B or wherever they were going, even though there was a travel ban," Lyons said.

"We even saw people out walking," Gross added.

You know things are bad when tow truck operators got stuck, and that's what happened to Grice and a member of his team on Friday.  

The Thruway Authority had asked Dan's to send a truck eastbound to check on some vehicles because they couldn't be reached from the west.  When the driver was ready to return to Batavia, he got stuck, so Grice drove out to retrieve him. He became stuck. They were out there until 10 the next morning until a truck from the Thruway authority helped them get moving again.

Grice said he had a lot of sympathy for the people who got stranded in their vehicles, and there was no way for search and rescue teams to get to them for hours.

"It was mentally just exhausting," Grice said. "And just sitting there thinking about the other people that were trapped out there and how people couldn't get to them. It was just a feeling of helplessness that was just overwhelming, you know, and it just was terrible."

Dan's ran three trucks with five crew members on Friday night, and when things cleared a bit on Friday, they had five trucks out.

Dickinson had four flatbeds and two wreckers running.

L&L had three trucks out.

The Batavian didn't have time to reach out to the other tow truck companies in the county, but they were all involved in vehicle recovery efforts throughout the event.

Winter Storm Elliott is a couple of days of work Grice said he won't soon forget.

"It was amazing," he said. "Some of the cars we pulled out, you open the hood and the engine bays were just packed. They looked like big ice cubes in there. It was just amazing. With some of the cars, the snow had gotten in around the door jams and filled them with snow. It was quite a sight to be seen."

Gross and Lyons won't forget it, either.

"Nothing compares to this one," Gross said. "This one was kind of crazy."

All photos courtesy Steve Grice/Dan's Tire.

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Community rallied around volunteers and storm victims during Elliott

By Howard B. Owens

Heading out on one of his search and rescue missions during the blizzard on Friday, Joshua Finn said he had two fears.

That they would find somebody dead in a car.  

Or that he wouldn't make it home, himself.

He came close to both tragic outcomes, he thought, around 1 a.m. on Saturday when he and another volunteer firefighter from Oakfield came across a pickup truck stuck on Judge Road. Its flashers were barely flashing, so he knew it had been there a long time. The battery was nearly dead.  Inside, they found a 60-year-old man and his 27-year-old daughter.

"They were both hypothermic, and they were completely saturated," Finn said. "The snow was blowing through the cracks in the vehicle."

With great effort, Finn, another EMT and other volunteers got them out of the pickup and into a rescue truck and started the drive back to the Oakfield Fire Hall. It was a scary trip, he said. They weren't sure they would make it back in zero visibility conditions.

"Colin and I couldn't get the interior dome lights to shut off because the door button was frozen," Finn said. "We couldn't see much because there was a light inside the cab. We had to have the windows down to look out the windows to drive. Colin says, 'Finn, go left, Finn, go right,' and we're going at one mile an hour. I got frost nip on my ears from because all I had was my firefighting hood. I was shivering by the time we got back with them."

Miraculously -- County Manager Matt Landers has called it a Christmas miracle -- there are no known fatalities in Genesee County as a result of Winter Storm Elliott, which hit the area with a ferocity unknown since 1977.

A perfect storm
The dangers of the storm were exacerbated by a Thruway Authority that shut down the I-90 with no plan to send travelers on safe routes and with Google and Apple map technology ill-equipped to warn drivers of dangerous weather conditions and send them on routes that would take them around the hazardous roads. 

Landers observed during the storm that in a situation that might have otherwise involved a handful of local people getting trapped on snow-covered roads, there were hundreds of cars that got stuck.

More than 700 people, most of them not from New York, wound up in one of 11 warming centers, and it's unclear how many others were taken in by residents who opened their doors when strangers came knocking during the storm.

The task of rescuing motorists fell to quickly assembled teams of deputies, highway crews, and volunteer firefighters.

And with winds over 35 mph and temperatures well below zero, and a forecast of storm conditions persisting for at least 48 hours, search and rescue teams didn't have the luxury of waiting until daylight or until the weather cleared.  They had to head out in the dead of night with the resources available.

Gary Patnode is both the deputy emergency management coordinator for Genesee County and the Chief of the Alabama Volunteer Fire Department.  He was right in the thick of it when the storm hit.

He praised dispatchers for helping triage stranded motorists.

Those with full gas tanks were told to keep their engines running and wait unless they could see a house nearby they could safely get to.  When they had less than a quarter tank of gas or a medical condition, they became a priority to rescue.

Among the medical conditions being reported -- "trouble breathing." 

Patnode found that understandable. You're out there not knowing how, when, or if you will be rescued.

"I think that was a direct result of anxiety, you know, from being in an unfamiliar area, it's pitch black out because there are no streetlights out there, and that snow is blowing," Patnode said.

"Every car, every window that we cleaned off, I just held my breath, you know, hoping that I didn't find a body in there," Patnode said. "That was the big thing."

It takes a village
While the brunt of the storm fell on Oakfield and Alabama, and volunteer departments in those communities had a total of more than 30 volunteers participate in search and rescue operations, nearly every department in the county sent either personnel or equipment, and usually both, such as Le Roy, Alexander, and Bethany, to the northwest quadrant to help out, along with Genesee Snopackers.

On the paid side of responders, there were Sheriff's deputies, personnel from Orleans and Livingston counties, State Police, State Parks, the Department of Environmental Conservation, and Batavia city police and fire departments.

In Oakfield and Alabama, community residents also pitched in, either by offering shelter, delivering supplies, moving snow, or cooking meals. The Oakfield Fire Hall became a warming shelter and housed several dozen people during the storm. There were so many travelers emotionally affected by the storm and being stranded that Downing took their phone numbers to follow up with them after they returned to their homes.

"We are still contacting them to find out how they're doing and that they're okay, you know, checking on their mental health," Downing said. "It's traumatizing for a lot of these people to be stranded and then have to be rescued. We want to make sure that they're okay."

During the weekend, stranded travelers also needed to be fed, so the community fed them.  One firefighter's wife baked her Christmas ham and brought it in.  Wives and girlfriends showed up to make breakfast.  Meals and supplies were delivered from Batavia. H.P. Hood donated dairy products. 

At one point, Oakfield Fire Chief Sean Downing was worried about being able to feed all these people for a couple of days and soon, he realized the community was taking care of it.

When Downing had to get home to check on his wife, Jeremy Yasses plowed his driveway so he could park.  Another community resident made sure the driveways of other volunteers were cleared so they could easily drop in and check on their families.

"People would come up to us and go, 'Oh, if I could just brush my teeth,'" Downing recalled. "then William Sturgeon thought to himself, he says, 'You know what, I have kids. We go to the dentist and they always give us toothpaste and toothbrushes, and dental floss,' so he ran home, which wasn't far from the Fire Hall, and came back with about 20 toothbrushes and the people were ecstatic that they could at least brush their teeth."

It's the little things, Downing said, that make a big difference.

"They say that it takes a village," said Downing.  "Well, it's more than the village. It was the entire town and village of Oakfield that was calling and coming together and getting us whatever we needed to be able to take care of these people. They understood what was going on and what we were going through, and they wanted to make sure that any little bit that they could do, they did."

The department had hosted a Christmas party for its members a couple of days before the storm, and there were still wrapped presents for children under the tree, so the kids at the shelter had Christmas presents to open.

Saving lives
The children were kept in the department's second-floor rec room. Downing wanted to shield them from any potential life-saving situations in the main bay of the fire hall.

"I think we had a total of three or four hypothermic patients throughout the event," Downing said. "The one gentleman that Josh was talking about was our first patient, and the medics came up to me at one time and said, 'We do not think, based on what we're seeing on the monitors and whatnot, and what we're talking about, he may not make it. But again, he pulled through. Once he warmed up, everything started to change for him. He was one of our first patients in the building, and he was the last one to leave our building after the event."

To treat hypothermic patients in a field-hospital situation, medics stripped them of all their cold, wet clothes and wrapped them in blankets.  A couple of firefighters' wives kept supplying warm blankets from the department's clothes dryer. 

Finn doesn't remember where he had seen it done before or where he got the idea from, but he suggested taking hand-warming packets and taping them to IV bags, so the fluid being given to patients was warmed.

While there were "official" warming shelters at fire halls -- such as Indian Falls, besides Oakfield, and schools, such as Elba -- there were several unofficial warming shelters, such as Alabama Hotel.  Grace Baptist Church in Batavia also opened as a warming shelter. Patnode listed off five or six homes that took in six, seven, and eight stranded travelers and one resident on Macomber Road had at least 50 people sheltering in his garage. 

"It was just remarkable how the community came together," Patnode said. "You know, even for us as an organization, when you're working with a volunteer fire department, there are so many different personalities, and everybody just sets that stuff aside and just works together."


See also: Stranded travelers offered a warm home and holiday hospitality by Oakfield couple


Gratitude
There was no shortage of gratitude among the travelers who were rescued. 

Downing noted that many of the department's guests pitched in and helped, cleaning up, shoveling snow, moving supplies as needed.

The boldest gesture of gratitude perhaps came from the first woman Finn rescued.

On Friday, as the storm began to roll in, he decided he couldn't stay at his job in Batavia. He had to get home to his family and his community.

As he drove toward Oakfield, he heard a call for a stuck vehicle with a woman finding it difficult to breathe.  He told dispatchers to keep the ambulance in Batavia, where it couldn't get stuck, while he checked it out.

He found a woman from Canada, with her daughter, having a panic attack.

He told her not to worry.  He told her to follow him to Oakfield, where there was a warming shelter.

He said the drive on Route 63 was difficult. The whiteout conditions were disorienting, and at one point, he went off the road and became stuck in a ditch himself.  

"You didn't know what was up or down," Finn said. "At one point, I was going two miles an hour, and I ended up in a ditch. The only reason why I got out, and it's no joke, I swear to God, I think what saved my life was a deputy named Richard Schildwaster came along with his truck and got me out."

When they got to the hall, the woman from Canada wanted to thank Finn in a big way. She offered him a piece of jewelry.

"She kept saying you saved my life," Finn said. "You guys, you saved my life. She tried to give me this 24-karat gold ring and put it in my hand and would not take it back and I'm like, 'I can't. I can't. This is what we do. I'm not taking your ring.'

"She was, 'you have to.' I'm like, 'It's okay. I didn't do anything. I just had you follow me.' I'm like, 'I can't take this from you.' And she's like, 'You have to.'

"So I dialed my wife. I said, 'talk to my wife' because my wife was not happy that I left Batavia to come to Oakfield, and I didn't tell her what I was doing until I got to the village, and I said, 'I'm in Oakfield. Don't be mad.' So I was like, 'Here, talk to my wife.'

"I don't even know what conversation they had, but it settled down my wife."

Submitted photos.  Top photo: Justin Cooper, Tera Williams, Joshua Finn, Chief Sean Downing, Assistant Chief Chad Williams, Buck Hilchey

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Near whiteout conditions outside Alabama Hotel.

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Sheriff's patrols and the Snopacker's groomer clearing roads and checking vehicles along the roadway. Oakfield Chief Sean Downing noted that one convoy that started out on South Pearl in Oakfield during the height of the blizzard Saturday morning took five hours to reach the Indian Falls Fire Hall.

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A Mercy EMS ambulance broke down in Oakfield at the start of the storm, stranding its medics, which turned out to be a blessing for the warming shelter at the Fire Hall, with trained medical personnel on hand during the storm event.

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Josh Finn and K-9 Frankie in a search and rescue convoy.  Finn and another medic joined the convoys so that if somebody needed medical attention, there was somebody on scene with the training to provide an evaluation.

Photo: After the Storm

By Howard B. Owens

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Outside the Jerome Center. Photo by Carrie Lawrence.

Chimney fire reported on Indian Falls Road

By Howard B. Owens

A chimney fire is reported at 1279 Indian Falls Road, Pembroke.

No flames show but there is smoke in the residence.

Pembroke Fire, Indian Falls Fire, and Corfu Fire dispatched.

UPDATE 3:12 p.m.: Crittenden asked to standby in Corfu's hall to standby for anything in Corfu, Pembroke, or Indian Falls.

UPDATE 3:16 p.m.: National Grid requested to the scene to cut power.

UPDATE 3:19 p.m. Tankers from Darien and Alabama requested to the scene.

UPDATE 3:26 p.m.: "It looks like we're getting a knock on the fire."  Crews are pulling exterior walls to check for extension.

UPDATE 3:38 p.m.: Red Cross shelter requested for two adults.

UPDATE 3:49 p.m.: Fire is out. Starting overhaul.

Semi-truck snags wires on School Street, Batavia

By Howard B. Owens

A semi-truck has reportedly taken down wires in the area of 17 School St., Batavia.

The driver is still in the truck.

City Fire is on scene.

UPDATE 1:59 p.m.: National Grid and phone company requested to the scene.

UPDATE 2:12 p.m.: No electrical lines. "National Grid is not involved. Lots of phone lines and lots of cable lines."  City Fire is clearing.

Possibly three people injured in accident in Alabama

By Howard B. Owens

A two-vehicle accident is reported at Knowlesville and Lewiston roads in Alabama.

Three people with possible injuries, including a child with a nose injury.

Alabama Fire and Mercy EMS dispatched. Oakfield asked to respond mutual aid.

UPDATE 1:44 p.m.: Oakfield fire police requested to Lewiston and Lockport Road.

UPDATE 1:45 p.m.: There is a pickup truck with a fuel leak.

UPDATE 1:53 p.m.: A chief on scene asks dispatch to check on the availability of Mercy Flight.

UPDATE 1:54 p.m.: Mercy Flight out of Olean is would be a 40-minute ETA so the patient will use ground transport.  Also, code enforcement requested to the scene.

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