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Local authors featured in book fair at Richmond Memorial Library

By Howard B. Owens

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The Richmond Memorial Library hosted a Local Author Book Fair on Thursday evening with about two dozen local authors participating.

The evening included a panel discussion about writing and publishing featuring Steven Huff, JoNelle Toriseva and Bill Kauffman.

The library also hosts a monthly Writer's Group, which meets the second Wednesday of each month, 6:30 p.m.

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Alleged drug dealer extradited from Maine to face local charges

By Howard B. Owens
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     Sean Semprie

Sean A. Semprie Jr., 25, no permanent address, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Semprie allegedly sold crack cocaine to an agent of the Local Drug Task Force.

He was charged under a Grand Jury indictment and extradited back to Genesee County from Augusta, Maine, where was being held on unrelated charges. 

He was jailed on $10,000 bail.

Download The Batavian's app

By Howard B. Owens

You can now get instant access to news from The Batavian on your smartphone or tablet.

Download our app.

Come to Christmas in the City tomorrow, stop by our partners at WBTA's studios at Main and Center between 5 and 9 p.m., show us the app on your device and you will be eligible to enter a drawing for a $100 prize.

Photo: Garbage truck stuck in a ditch on Route 5

By Howard B. Owens

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A reader provided this photo of a garbage truck the somehow got stuck in a ditch off of Route 5 near Route 77 about 2:30 p.m. A tow operator managed to pull the truck out of the ditch.

Judge rules officials at Buffalo Federal Detention Facility in Batavia must grant release hearings to asylum seekers

By Howard B. Owens

A number of asylum seekers being held by federal authorities in Batavia must be granted bail hearings and the chance to be released on parole while their asylum petitions are pending, a Western New York District Court has ruled.

In a legal proceeding brought by the attorneys for two asylum seekers who were held for a time at the Buffalo Federal Detention Facility in Batavia, the plaintiffs argued that the facility was violating a directive from Immigration and Customs Enforcement (ICE) to review parole applications.

The attorneys also said their clients were being denied their legal right to a bail hearing within six months of detention.

Both procedures, the plaintiffs contend, changed in January, after President Donald Trump took office.

United States District Judge Elizabeth A. Wolford wrote the court's opinion that stated even though the ICE directive was an internal department document, it addressed specifically the rights of individuals and so, therefore, the detention facility was obligated to abide by the directive.

She also wrote that the asylum seekers retained their Constitutional rights, in accordance with prior court rulings, to a bail review hearing within six months.

Federal authorities argued that the asylum seekers should be considered as if they had been stopped at the border, and therefore not subject to Constitutional guarantees of due process, even though they were being held in Batavia, more than 3,000 miles from where they originally allowed into the country as asylum seekers.

Wolford noted "this decision does nothing to erode the Attorney General's discretionary authority to grant or deny parole. However, if Respondents follow the ICE Directive, individuals who are not likely to be a flight risk or a danger to the community will have been released on parole before six months has passed. Where an individual is detained for six months, Respondents should, under the ICE Directive, have a good reason for the continued detention and should, therefore, be able to readily meet the clear and convincing evidence of the standard of proof with respect to the denial of bond."

The primary plaintiffs in the case were Hanad Abdi and Johan Barrios Ramos. 

Abdi is a 26-year-old native of Somalia. He and his family were members of a minority tribe. Members of a rival tribe killed his father and captured Abdi and beat him. He managed to escape and fled his home country in June 2016. He arrived at the U.S. southern border Oct. 12, 2016, seeking asylum. Officials who interviewed him found there were credible reasons to believe he would be at risk if returned to Somalia so he was transferred to Batavia. Once in Batavia, his repeated requests for parole were denied. He was only released in August after he commenced litigation.

Ramos is a 40-year-old citizen of Cuba where he was involved with political opposition to the current regime. He was imprisoned for 11 months for his political activities. He fled Cuba in December 2016 and arrived in Mexico by raft. He traveled to the U.S. border and requested asylum on Jan. 14, 2017. He passed what is called a "credible fear" review, a finding that granted him preliminary asylum seeker status. Once transferred to Batavia, his repeated requests for parole were denied until litigation began. He was released Sept. 14.

The legal claim by the plaintiffs also sought class-action status so that any ruling might also apply to other asylum seekers being held in Batavia without being granted bail and parole hearings. Court documents list at least 20 such individuals.

The Attorney General's Office argued that with their release, Adbi and Ramos no longer had standing to pursue their legal claims nor to act as stand-ins for the class of asylum seekers being denied a chance at release.

Wolford disagreed, noting that the Attorney General's office could withdraw parole from Adbi and Ramos at any time. In fact, Adbi's parole already has been revoked. ICE, however, has no intention "at this time" of taking Adbi into custody.

The phrase "at this time," Wolford noted, is further evidence of the arbitrary nature of the government's handling of these cases, as is the fact that Thomas Brophy, acting director of the Buffalo ICE Field Office, did not articulate a reason for revoking Adbi's parole. Wolford also wrote that the ability of the AG's office to release individuals who bring suit shouldn't be a tactic for avoiding a class action ruling dealing with all the asylum seekers' cases.

Woman seriously injured in crash in Byron this morning

By Howard B. Owens

A 38-year-old Brockport woman was seriously injured this morning when her 2012 Toyota Camry left the roadway on Route 262, Byron, and struck a tree.

The accident was reported at 7:11 a.m. at the intersection of Route 262 and Transit Road.

Dawn Dunlap was driving eastbound on Route 262 when her car drifted off the roadway onto the south shoulder, struck a road sign and large wooden sign and then a tree.

She was conscious and alert when emergency personnel arrived on scene. 

It's believed the accident occurred a considerable amount of time before it was reported by passersby.

Byron and South Byron fire departments responded and Elba fire responded with extrication equipment. 

Mercy EMS assisted at the scene.

Dunlap was transported to Strong Memorial Hospital by Mercy Flight. She is listed in guarded condition.

The accident is under investigation by Deputy Erik Andre, Deputy Kevin McCarthy, Sgt. Ron Meides, and Investigator James Diehl.

Charges are pending.

(initial report)

Accident with injuries reported on Gulf Road, Le Roy

By Howard B. Owens

A motor-vehicle accident with injuries is reported at 8667 Gulf Road, Le Roy.

Le Roy fire with mutual aid from Pavilion dispatched.

Le Roy ambulance dispatched.

The accident may be in Monroe County.

UPDATE 2:16 p.m.: Le Roy chief on scene. It's in Mumford's district, Monroe County. Apparently minor injuries. Responding units "can back it down."

BREAKING: Rochester Red Wings won't operate Batavia Muckdogs in 2018

By Howard B. Owens

The New York-Penn League has blocked a proposal for the Rochester Red Wings to return to Batavia in 2018 as the operators of the Batavia Muckdogs.

This past season was the end of a 10-year agreement and sources say the league said it would not approve an extension.

What that means for the future of the Batavia Muckdogs is unclear. The 2018 NYPL schedule has already been released and it includes the Muckdogs.

Brian Paris, president of the Genesee County Baseball Club, the community group that owns the team, wasn't immediately available for comment.

Naomi Silver, president, and CEO of the Red Wings confirmed this morning that the Red Wings would not operate the team in 2018. She said he had no idea what the league or the owners planned for 2018.

"We offered to stay but the league could have prevented us from operating the team 10 years ago and they allowed us to operate it for 10 years, so I can't really fault them," Silver said. 

The agreement between the Red Wings and Genesee County Baseball includes a provision that if the team is sold, the Red Wings would receive 5 percent of the proceeds for each year the organization ran the team. That agreement, Silver said, survives this decision by the league.

Silver said it was a pleasure for the Red Wings to operate the team this past decade.

"I hope things work out," Silver said. "It's a wonderful community. It's just not as well-populated a community that it has to be, to be able to support a team and so you can't fault the community."

UPDATE 10:32 a.m.: The office of the New York-Penn League is in St. Petersburg, Fla. A call to the league's phone number this morning went to voice mail for league president Ben Hayes. No messages can be left because the mailbox is full.

UPDATE 10:50 a.m.: Brian Paris said it's unclear who will operate the team in 2018, perhaps the league, but there is nothing settled. 

"We're currently working with the league to determine the outcome for the Muckdogs," Paris said. "The hope is that we'll be playing and we will have a season in 2018."

He said he has a good working relationship with the league and Ben Hayes.

"We're working with the league and we're excited about hopefully making an announcement in the near future as to the outcome," Paris said.

Asked if the league could just shut down the team, he said he doesn't know.

"I think the league is in the business of promoting baseball and they're going to do what is best for promoting baseball in the New York-Penn League," Paris said.

UPDATE:  Don Rock, the Muckdog's groundskeeper, left the following comment below:

I would like to start out by saying THANK YOU to Naomi Silver and the Rochester Redwings organization for being there for all of us the past 10 years. I have worked as the groundskeeper for the past 16 years with my 1st year in the office, for a total of 17 years and all this is a major heartbreak to me. I AM DEVASTATED, to say the least. I hope things work out because I LOVE MY JOB very much. After hearing the news, I went and sat in the grandstands and cried. I was and still am very upset. The stadium has been my life.

We've made repeated calls to the NYPL office in St. Petersburg, Fla., and have not been able to reach anybody.

Car into tree reported at Route 262 and Transit Road, Byron

By Howard B. Owens

A car has reportedly hit a tree at Route 262 and Transit Road, Byron. 

Unknown injuries. 

Byron and South Byron fire departments dispatched. 

UPDATE 7:22 a.m.: Female driver said to be entrapped. Complaint of arm and leg pain. 

UPDATE 7:25 a.m.; Elba requested to the scene to assist with extrication.

UPDATE 7:31 a.m.; Mercy Flight on ground standby. Elba fire police requested. 

UPDATE 7:34 a.m.: Mercy Flight requested to the scene. 

UPDATE 8:06 a.m.:Mercy Flight in route to Strong. 

Alleged drug dealer accused of driving while smoking marijuana with child in the car

By Howard B. Owens
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       Marcos Torres

A suspected drug dealer from Batavia was stopped by a deputy today on suspicion of driving on a suspended license and at the time of the stop he was allegedly smoking marijuana with a child in the car.

Marcos A. Torres, 35, of South Main Street, now not only faces drug dealing charges but also charges of unlawful possession of marijuana, endangering the welfare of a child, and aggravated unlicensed operation, 3rd.

When Torres was stopped by Deputy Ryan DeLong, he was already wanted on a sealed grand jury indictment on two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Torres is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions in the past four months.

Torres was jailed without bail.

Law and Order: Le Roy resident accused of possessing cocaine with intent to sell

By Howard B. Owens
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       Timothy Lee

Timothy O. "Cricket"  Lee, 37, of Erie Street, Le Roy, is charged with criminal possession of a controlled substance, 3rd, criminal possession of marijuana, 4th, criminally using drug paraphernalia, 2nd, and endangering the welfare of a child. Lee was arrested as a result of a Local Drug Task Force investigation into the possession, transportation and sale of cocaine in and around the Village of Le Roy. The task force executed a search warrant on his residence and allegedly found cocaine, marijuana, drug paraphernalia and cash. He was jailed on $15,000 bail, $30,000 bond.

Andrew Kevin Wright, 27, of Prune Street, Batavia, is charged with attempted assault, 3rd, six counts of endangering the welfare of a child, criminal obstruction of breathing, and obstructing governmental administration. Wright allegedly struck a female and choked a juvenile male in the presence of five other juveniles during an altercation reported at 11:03 p.m. Sunday on Prune Street, Batavia. Wright was jailed on $2,500 bail or $5,000 bond.

Michelle L. Misiak, 52, of Fisher Parkway, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge.

A 16-year-old resident of Oak Street is charged with endangering the welfare of a child and harassment, 2nd. The youth was arrested after Batavia PD responded at 8:10 p.m. Tuesday to a report of a large group of people fighting on Highland Park, Batavia.

Elizabeth Ann Finnin, 48, of South Swan Street, Batavia, is charged with harassment, 2nd. Finnin allegedly punched another woman in the face. Also charged, Michelle Misiak, 52, of Fisher Parkway. Misiak is accused of fighting with another woman. The incident was reported at 3 p.m. Tuesday.

Katelyn C. Kubala, 28, of Meadow Lane, Attica, was arrested on a warrant for alleged failure to pay a fine.

Stephen P. Durham, 20, of Chestnut Street, Batavia, is charged with unlawful possession of marijuana. Durham was charged following a traffic stop at 8:55 p.m. Monday on Cone Street, Batavia, by Officer Christopher Lindsay.

Driver arrested after pickup struck by train in Bergen

By Howard B. Owens

A 46-year-old Bergen man has been charged with driving while ability impaired by drugs after the truck he was driving yesterday was struck by a train near Buffalo Street Road.

Donald R. Read reportedly fell asleep while behind the wheel of his 2000 Ford F250.

The truck traveled off the north shoulder of the road, down an embankment, and across the south side and north side tracks of the CSX line.

It came to rest near the north-side tracks.

An eastbound train on the north side tracks struck the rear of the pickup truck. The accident was reported at 6:50 p.m.

Both Read and his passenger, Frank L. Morrison, had gotten out of the truck before it was struck.

Even so, Morrison suffered minor injuries and was transported by the Bergen Volunteer Ambulance to Unity Hospital in Rochester.

Read was also charged with moving from lane unsafely, unlawful possession of marijuana, and trespassing. Other charges are pending.

The accident was investigated by Sgt. Jason Saile, Deputy Rachel Diehl, Deputy James Stack, and Deputy Eric Meyer. Assisting at the scene were members of the Bergen Volunteer Fire Department and personnel from CSX.

(Initial Report)

Like a lot of communities, Le Roy trying to figure out the best way to deal with abandoned properties

By Howard B. Owens

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It's a decade since the national home mortgage meltdown but there are still communities plagued by vacant and abandoned properties, including in Western New York, including the Town and Village of Le Roy.

There are about 20 properties in the town and village, Town Supervisor Steve Barbeau (top photo) said last night, that are at a minimum unsightly, but they also present a health and safety issue.

In many cases, if not all, the properties are banked owned and the financial institutions show little interest in dealing with the properties.

"Almost all of these properties are uninhabitable," Barbeau said. "They haven’t been inhabited for years. We’re not talking about 30 days, or 90 days, or 365 days. There are a few in here, as I eyeball it, where it’s been three or four years, most of all the rest of them have been vacant for a decade."

To help deal with the issue, the town and village of teamed up to write a new ordinance that would define vacant and abandoned properties and put some pressure on the title holders to sell the parcels, including a fee that could cost a property owner as much as $1,500 a year if the building continues to sit vacant.

Village and Town officials held a public hearing on the proposed ordinance at the Town Hall last night.

A few of the residents who turned out to speak were either skeptical about the ordinance as written or downright hostile to the idea.

The way Jason Shu has read the ordinance is that if he went on vacation for six weeks, the code enforcement officer could declare his property vacant and abandoned and he would either have to sign a waiver to allow the code enforcement officer to enter the property or pay a fine. He called the law overly broad, subject to selective enforcement, and a potential violation of his Fourth Amendment rights.

"I agree with the whole problem of abandoned property but there’s a different approach to it," Shu said. "It doesn’t seem right. It doesn’t seem fair. The selective enforcement is only going to lead to problems."

Both Barbeau and the town's attorney Reid Whiting said that isn't how the ordinance works.

First, Barbeau said, the ordinance defines temporary vacancy and seasonal use, which would cover a six-week vacation, and the 30-day clock for registering the house wouldn't begin until after a code enforcement officer determined the property appeared to be abandoned.

There are a number of criteria the officer would weigh to make that determination, such as that nobody is living in the house, it's devoid of contents, lacks utility services, is or has been subject to foreclosure, and code violations.

Properties determined "temporarily vacant" would not be required to register as vacant and abandoned.

Whiting said there is no violation of the Fourth Amendment because either the property owner voluntarily signs a waiver or the code enforcement officer would be required to get a warrant to enter the property from a judge.

Leonard Dries attacked the law as a violation of private property rights, yet another high New York tax, and accused Le Roy's elected officials of not listening to his concerns.

Because of the law, he said, which he says is a violation of property rights, the town or the village will end up getting sued.

"You're going to start doing all this stuff on these properties and you’re going to bite the wrong hand and the lawsuit is going to overwhelm you," Dries said.

At times he interrupted other speakers or tried to shout them down.

One of the properties of concern discussed during the meeting is the boarded-up residence next to the Le Roy House. Historian Lynn Belluscio said she fields constant complaints from visitors about the unsightly building.

"They come to us and want to know why Le Roy can’t deal with that property next door," she said.

Dries responded, "Then don’t look at it. Tell them not to look at it."

" I’m going to tell 10,000 people -- " Belluscio said.

"-- you don’t get 10,000 people, you don’t 100 people a day coming through. Le Roy is a dead town," Dries said.

Barbeau rose from his chair and said Dries was out of order.

"That’s what we get to live with twice a month," he said. 

"Oh listen, Stevie Bo-Bo, sit down and shut up," Dries said. "You are paid by my tax dollars. I don’t want to hear your mouth."

Barbeau managed to restore order and the meeting continued.

Belluscio said the Jell-O Museum has made four attempts to buy the abandoned property, but that bank, based in Hong Kong, won't budge on its $119,000 asking price. Belluscio said she couldn't be irresponsible with how she spends the nonprofit's money and the house isn't worth $119,000 with all of the damage. The bank doesn't want to take the loss, though, of selling it for less.

"They really don't have an incentive to sell," Belluscio said. "They sit back and wait as long as they possibly can. They don't care that the house has deteriorated."

Dealing with bank-owned properties is exactly why the new law is needed, said Mayor Greg Rogers (bottom photo), who is also a real estate agent.

"We felt some of our neighborhoods need to have some of these properties picked up and cleaned up," Rogers said. "Or at least give the owners, and a lot of times it’s banks, further incentive to try to get these back on the market and be viable properties.

"If you live in one o those neighborhoods next to an abandoned house, that becomes an issue and it becomes an issue for the street," Rogers added.

Barbeau added later, "if anybody argues that it doesn’t depress the values of properties around it, they don’t have a clue."

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Two-car accident, unknown injuries, reported on Telephone Road, Pavilion

By Howard B. Owens

A two-car accident is reported at Asbury Road and Telephone Road, Pavilion.

A car is on its side and smoking.

Unknown injuries.

A third-party caller, not involved, states he hasn't seen anyone exit either vehicle.

Pavilion fire and Mercy EMS dispatched.

UPDATE 12:09 p.m.: Responders are checking the area trying to locate the accident. Dispatchers received only one call.

UPDATE 12:10 p.m.: Updated location, Route 20 near Linwood. A first responder on scene reports one occupant trapped in a vehicle.

UPDATE 12:11 p.m.: Same responder, "Apparently minor injuries."

UPDATE 12:13 p.m.: Only one vehicle involved. Only one patient.

UPDATE 12:18 p.m.: The vehicle is about 30 feet off the road on its passenger side and it was pulling a wooden trailer. It's in water. "Tell him to wear his waders. He's going to get wet," a responder says.

 

Byron-Bergen students learn what they can do right now to change the world

By Howard B. Owens

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Press release:

Students at Byron-Bergen Elementary School gathered on Nov. 27 to honor the school’s Students of the Month and to learn about giving back and making a difference.

Guest speaker Holly Paramjit Sembhi, a 2014 Byron-Bergen graduate, joined in with her personal story of how one person, who was just like each of them, has found the power to help change the world.

Sembhi, now in her final year of working toward a bachelor’s degree in Biomedical Science from RIT, began her education and her love for helping people in kindergarten at Byron-Bergen Elementary. She currently works part time at Rochester General Hospital and plans to get her master’s degree as a Physician’s Assistant in Neurosurgery. She also volunteers with Global Brigades, a medical relief organization operating in Honduras.

She urged students to believe that they can each make the world more awesome, starting right now.

“It is exciting for me to come back to a place I love,” she said. “I hope that I can inspire these kids, to make them really want to help others. Maybe they will look back someday and remember this moment. I’d like to think that this might start them on their own paths to making the world a better place.”

The monthly Character Assembly also included musical numbers performed by talented students and staff members, and a discussion of what students can do in the community, from supporting homeless children and families to remembering our seniors and the elderly. Throughout the month of December, classes will participate in a range of service-learning projects that will have an impact our local and global communities.

The Students of the Month were: Peyton Alejandro, Jake Carlson, Tyler Chapman, Kendall Chase, Leah Cramer, Daniels Dawson, Robert Dix, Nixon-Riley Eichenberger, Chesney Fregoe, Harlow Galves, Lila Graff, Stella Hassett, Hunter Jarosinki, Carter Kuipers, James Lamb, Taylor Lundfelt, Amelia Meier, Parker Moore, Bradley Pocock, Colin Rea, Ava Smith, James Starowtiz, Travis Thomas, Mariah Williams and Rena Wilson.

Top photo: Principal Brian Meister congratulates one of the Students of the Month, kindergartener Nixon-Riley Eichenberger.

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Visiting speaker Holly Paramjit Sembhi (2014 Byron-Bergen graduate) tells students that they don’t need to wait until they are older—every one of them can do awesome things right now.

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Genesee Chorale performs 'Christmas Memories' this weekend

By Howard B. Owens

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The Genesee Chorale performs "Christmas Memories" this Saturday and Monday in Batavia and Medina.

The program includes some new, some old and some old favorites with a new twist, sung by approximately 70 singers under the direction of Ric Jones and with accompaniment by Doug Hanson.

Concerts are at 7 p.m. Dec. 2 at St. James Episcopal Church, 405 E. Main St., Batavia, and at 7 p.m. Dec. 4 at First Presbyterian Church, 522 S. Main St., Medina.

Tickets are $8 presale, available from Chorale members or online at www.GeneseeChorale.com.

Photos by Howard Owens from Monday's rehearsal at St. James.

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STOP-DWI presents awards at annual luncheon today

By Howard B. Owens

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Press release:

The Genesee County STOP-DWI Advisory Board today sponsored its second annual STOP-DWI Awards Luncheon at Terry Hills Restaurant & Banquet Facility. Seven young people from districts in the county were honored for their commitment to the community for entering the Board’s STOP-DWI Poster Contest.

There were first-, second- and third-place winners in two grade categories, 6-8 and 9-12, as well as a Computer Generated Art Winner and a Grand Prize Winner. Additionally, the luncheon recognized four Top Cop Awards and a Coordinator’s Award.

The following young people were recognized for their STOP-DWI poster submissions: 6-8th grade winners -- Grace Shepard, Abby Root and Kendall Phillips. The 9th-12th grade winner was Summer Jeschke-Dean.

The Computer Generated Art winners were Isabella Biviano and Taylor Hutton. The Grand Prize Winner, whose artwork will appear on a billboard in Genesee County in December and January, is Zoey Shepard, a seventh-grader from Byron Bergen Central School.

Batavia Police Officers Chard Richards and Arick Perkins and Genesee County Sheriff Deputies Ryan DeLong and Eric Meyer received the Top Cop Award for going above and beyond with DWI arrests during a 12-month time period. They were also being honored for their dedication to keeping our community safe.

Genesee County Sheriff‘s Chief Deputy Gordon Dibble received the Coordinator’s Award for his outstanding commitment to our community for the last 42 years.

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Batavia PD warns of Craigslist rental scam

By Howard B. Owens

Press release:

Batavia Police were made aware of a Craigslist scam in which the scammer reportedly has a house for rent. The residence is actually for sale by a realty company and is not for rent.

As of the time of this release, police have not had any reports of citizens falling victim to this scam. The Batavia Police Department is releasing this information to make citizens aware of the scam and to prevent anyone from being victimized by this fraud.

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