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Batavia named top micropolitan city for ninth consecutive year

By Howard B. Owens

Press release:

Site Selection Magazine has once again recognized Batavia/Genesee County as one of the top micropolitans in the United States. For the ninth consecutive year, Batavia/Genesee County has made the Site Selection Governor’s Cup rankings for top micropolitans and is now ranked tied for fifth on its national list.

“It is very difficult to jump up so many spots, especially with the intense competition among the top micropolitans throughout the United States,” said Mike Glennon, regional marketing director of Site Selection Magazine. “Congratulations to all in economic development in Genesee County; this is a superb job and a testament of the strength of the business climate and assets Batavia and the region have to offer.”

The ranking of Top Micropolitans is based on cities of 10,000 to 50,000 people which cover at least one county.  There are approximately 576 micropolitans in the United States according to Site Selection Magazine.  Batavia tied Shelby, N.C., for fifth place in the national rankings.

“This is a great recognition in an extremely competitive industry and it once again reinforces that when the public and private sectors work together we can accomplish great things for the region,” said Steve Hyde, president and CEO of the Genesee County Economic Development Council. “We look forward to continuing the momentum of this collaboration in our economic development efforts for 2013.”

The GCEDC will unveil its 2012 Annual Report highlighting performance results at the organization’s annual meeting on Friday, March 8 at Noon at Genesee Community College.

Among those attending include Congressman Chris Collins, New York State Senator Michael Ranzenhofer, New York State Assemblyman Stephen Hawley, Genesee County Legislature Chair Mary Pat Hancock and other local government and business officials.

National Grid will be recognized by the GCEDC as economic development partner of the year. Tickets are $20 and can be purchased in advance by calling the GCEDC at 343-4866.

Judge tells bookies they will serve in a weekend-work program

By Howard B. Owens

The three men -- including two former City firefighters -- who admitted to a bookmaking charge late last year will work weekends for the community through the Sheriff's Office the next four and a half months, serve three years on probation and pay a $1,000 fine each.

Because the county's work release program doesn't have any openings until March 30, City Court Judge Robert Balbick delayed formal sentencing until March 26.

Greg Phillips, Brian Bordinaro and Lance Engel each appeared in court with their attorneys.

Engel was the first called to the bench and his attorney Joseph LaTona argued that Engel should be given a conditional discharge, meaning no supervised punishment, though he would need to stay out of trouble for a period of time.

All three men entered guilty pleas Dec. 11 to a Class A misdemeanor charge of promoting gambling, 2nd. The maximum sentence available to Balbick on the conviction was up to a year in jail.

LaTona took note that while it's true that his client initially faced felony charges, District Attorney Lawrence Friedman, "a pretty tough guy," agreed to reduce the charge to a misdemeanor for a plea bargain.

"My client had to resign his job of 17 years at the New York state Veterans Hospital," LaTona told Balbick. "In terms of punishment already sustained by my client and his family, that is enough."

Adding later, "He did wrong. He knew he did wrong and he knew it was a crime."

Asked for a statement by Balbick, Engel said, "I take full responsibility for my actions and the embarrassment it caused to members of my family, coworkers and friends."

Friedman (inset photo) acknowledged that even though the charges had been reduced from felonies, including the Class B felony of enterprise corruption, the fact the charges were reduced was already a substantial break.

Friedman supported the Probation Department's recommendation for Engel, which was a period of probation.

"Assuming the defendant is a law-abiding citizen in coming years, then it's not a great hardship for him to be on probation and that's a pretty good disposition for the community in a way I don't feel that a conditional discharge is good for the community."

Balbick said he's thought long and hard about the case, and while he has no doubt Engel is a hard-working family man who made just one "horrible mistake," a sentence of probation wasn't enough.

"It would be a waste of money to put this man in jail, but I do think this man committed a crime and there needs to be accountability to the citizens of this community," Balbick said.

After Engel's appearance, Bordinaro and Phillips approached the bench in turn. Both were asked if they would accept the same sentence as Engel.

The alternative sentence, Balbick said, was 120 days intermittent jail time.

Both Bordinaro and Phillips accepted Balbick's terms. There was no discussion about the sentence during their appearance before Balbick.

Phillips appeared unhappy with Balbick's offer and his attorney, Larry Andolina (top photo), admitted to reporters outside the courthouse that Phillips was indeed displeased with what transpired in court.

"It was a little more than what I expected, but we'll come back to court on the 26th and we'll deal with it then," Andolina said.

Asked about allegations that Phillips and Bordinaro conducted their bookmaking operation while on duty at the City of Batavia Fire Station, Andolino said the allegation was "nonsense."

Asked why the case had been reduced from felony charges, Andolina said, “The investigation wasn’t handled appropriately.”

Asked if there was a conflict of interest, Andolina said, "yes."

Asked if he would elaborate, he said, "No."

"You have to ask Larry Friedman or the Sheriff?" Andolina said. "They have much more information."

Asked again later if he had evidence to support his allegation that the investigation was mishandled, Andolina said, "Steve Mullen retired, didn't he."

When told that wasn't exactly evidence, Andolina again referred the question to Freidman or Sheriff Gary Maha. 

"You're asking the wrong people," he said and added, "My client still has to get sentenced on the 26h."

Later, Friedman said he wouldn't discuss the matter.

Maha who is out of town, has yet to respond to an e-mail requesting comment.

While Engel expressed remorse in court, neither Phillips nor Bordinaro were given a chance to speak.

Asked if his client, Phillips, was remorseful, Andolina said, "Sure he's remorseful. He lost his job. He lost his pension. He’s got a family. This is not a real big community. He knows a lot of people in this community. This is not a happy time."

Andolina said Phillips has been training to become a barber and can't receive a state license unless Balbick signs a "release from disability," a legal document that would allow Phillips to be licensed for such an occupation.

Balbick said he'll take up that matter on March 26.

Asked to comment on Balbick's characterization that the three defendants committed an offense against the community, Friedman said, "Regardless of how you feel about gambling laws, two of the defendants were professional firefighters and were on the public payroll and the evidence is that they were running the gambling operation on duty at least at times. The other defendant was an employee of New York State Veterans nursing home, so I think in that respect it would be considered offenses against the community."

UPDATE: WIVB's George Richert lead this evening's newscast with a story about the sentencing and included information accusing Mullen of placing bets with the bookies. Richert offered no proof, either in the form of documents or sources, to substantiate the claim. (WIVB Web Story)

Ken Mistler buys downtown theater with hope of keeping more entertainment dollars in Batavia

By Howard B. Owens

Downtown Batavia needs a theater, according to local businessman Ken Mistler, and when Dipson announced that its Batavia location needed to be sold or it would close, Mistler stepped in and bought it.

Now comes the hard work and expense of upgrading the two-screen movie house, and Mistler wants to know what moviegoers want from their local theater.

His number one question right now, he said, is what will bring people to Batavia Showtime?

Consultants for the City of Batavia reported last summer that some $31 million from Genesee County residents is spent annually in Buffalo and Rochester for entertainment and dining.

"I want to get them to bring some of that money back to Batavia," Mistler said. "I want to give them a reason to stay here."

First order of business is to start showing first-run films. He's also going to invest a substantial amount of money -- he doesn't know how much it will cost yet -- into upgrading to a digital projection system and dropping 35mm film. He also plans interior renovations and changes, but he's taking it one step at a time, he said.

Mistler owns City Slickers Restaurant and he said a downtown theater is important to the restaurant businesses downtown, not just his own.

People still like to go out for dinner and a movie, and if there is no movie theater in Batavia, people looking for a full evening of entertainment will just go elsewhere.

With local ownership, Mistler said, he thinks he can breathe new life into the former Dipson.

There are plenty of ideas for Mistler to look at for his theater, which could include special movie nights, special events for children, a small stage for comedians or small bands -- all of that -- Mistler said -- is on the table for discussion.

"It wasn't that this was a bad place, but the owners lived far away," Mistler said. "It was hard for them to watch and maintain it with the other theaters they had. I’m going to be on hand and we can do things the other owners wanted to do but couldn’t do because they weren’t here."

The theater remains open seven days a week as Mistler takes over management and begins making changes.

He said among his promotional ideas is to offer a package of a dinner from City Slickers and theater tickets. He said he would love to meet with any local restaurant owners who want to do the same thing or have other promotional ideas to tie the theater more closely with dining downtown.

"I need the feedback from the people," Mistler said. "I need to know what they want. I really do."

On Facebook: Batavia Showtime.

Law and Order: Oak Street resident accused of stealing shopping cart of beer

By Howard B. Owens

Mark A. Thweatt, 52, of 66 Oak St., Batavia, is charged with petit larceny and conspiracy, 6th. Thweatt is accused of stealing a shopping cart full of beer from Tops on Feb. 18. Store surveillance video and alert residents on Redfield Parkway were instrumental in the investigation, police said. A warrant was issued for Thweatt's arrest following the investigation and he was taken into custody Monday. (Initial Report)

Brandon M. Maldonado, 24, of Tracy Avenue, Batavia, is charged with possession of a forged instrument, 2nd. Maldonado was arrested following an investigation by Deputy Brian Thompson and Investigator Roger Stone into an alleged incident reported Nov. 1. Maldonado was sentenced Monday on a similar charge to a period of interim supervision by the Probation Department and ordered to pay $611 in restitution, which he said he would pay from his tax refund. On the new charge, Maldonado was arraigned in Town of Batavia Court and released.

Steven Michael Smith, 23, of Seminary Street, Auburn, is charged with assault, 3rd. Smith is accused of fighting with another person while at work at 1:15 p.m., Monday, at a location on Route 77, Alabama.

Joseph Zajaczkowski, 57, of Batavia, is charged with DWI and felony aggravated DWI. Zajaczkowski is accused of driving drunk in Niagara County with two 13-year-old passengers, a violation of Leandra's Law. He is also charged with two counts of endangering the welfare of a child.

Defense and bench help Notre Dame defeat Mt. Morris to advance to state tournament

By Howard B. Owens

Notre Dame won it's state tournament qualifier game Monday, beating Mt. Morris 45-27 in a clash of Section V Class D champions.

Defense and a strong bench is what kept the Fighting Irish ahead all night as too often shots wouldn't drop, especially in the third quarter when ND scored only four points.

Fortunately for the ladies, Mt. Morris put only seven points on the board that quarter.

Mt Morris was held to single-digit scoring in each quarter.

"We knew at half time if we can get to 40, we're in pretty good shape," Head Coach Dave Pero said, who noted his girls missed at least 10 easy lay-ups. "We don't tell our girls to stop shooting because that is what they do, and they finally knocked some down and we got ahead."

A strong bench is a key part of the Fighting Irish strategy and Notre Dame was able to put some distance between themselves and Mount Morris in the 4th quarter, outscoring Mt. Morris 15-6.

"We try to wear teams down," Pero said. "By the fourth quarter, we're hoping they're fatigued and tired and maybe they start to lose their legs and we can get a couple of easy baskets out of that."

Riley Norton scored 12 points and pulled down 12 rebounds. Shea Norton added eight points plus nine rebounds.

Melanie Taylor scored 13 points.

The Fighting Irish will enter state tournament play with a 20-2 record so far this season. The only two defeats were regular season losses to Elba, whom Notre Dame beat last week to reach the Section V title game.

Notre Dame squares off against Section 6 Class D champions Sherman at 5 p.m., Saturday, at Buffalo State College. The winner will advance to final-four play in Troy next weekend.

To purchase prints, click here.

Le Roy PD reports there was no disturbance at location were baby was found not breathing

By Howard B. Owens

There was no disturbance at 72 Main St., Le Roy, prior to police arriving at the scene Sunday where a baby was found not breathing, Le Roy Police Chief Chris Hayward said in a statement this evening.

The 5-month-old infant was later pronounced dead.

Hayward confirmed that the initial information relayed to emergency responders was that a fight had taken place at the location but, he stated, "a review of the 9-1-1 call and subsequent investigation determined that no fight or any other type of disturbance occurred and the fact that it was dispatched in this manner appears to have been a miscommunication at the dispatch center."

A police officer arrived on scene shortly after the 5:13 p.m. call and found a 45-year-old woman who appeared to be unconscious and a 5-month-old child unresponsive and a bystander performing CPR.

CPR was provided until an ambulance arrived and took over medical care.

A preliminary autopsy failed to determine a cause of death. The investigation continues pending further test results.

Previously: Police have yet to determine cause of infant's death in Le Roy

Oakfield Fire Department issues statement regarding water dispute with Village

By Howard B. Owens

John Igoe, president of Oakfield Volunteer Fire Department, issued the following statement, approved tonight by the board, regarding the arrest of Robert Hilchey for alleged "theft of services."

The members of the Oakfield Volunteer Fire Department would like to state that we disagree with the actions of the Village of Oakfield against Robert “Buck” Hilchey.  

The Oakfield Fire Department has always had the ability to use public water prior to the water meter. The fire hall is equipped with a 2” standpipe that is installed prior to village water meter. We have a cap for that line that is drilled out with a ¾” water hose adapter. Over the course of several years this fitting has leaked when used. This has caused damage to our fire hall. We have had to remove the door to the bathroom in the truck garage as a result of this water damage.  

The Fire Department accepted and passed a motion on 12/3/2012 to allow Mr. Hilchey to make minor modifications to the plumbing in the fire hall, as well as looking into the possibilities of purchasing and installing a tankless hot water heater.  

In no way did Mr. Hilchey profit personally or monetarily from the plumbing changes that were performed.  

The Oakfield Fire Department has stated that they would repair the water service back to original, but the village mayor and trustees are requiring the fire department to install plumbing changes that will cost the department a significant sum of money.  

The sole purpose of the installation of the garden hose fitting was so the Oakfield Fire Department could service and maintain the village property, which for several years was done with metered water.  

The Oakfield Fire Department has been paying water bills for years so that we could have the privilege of maintaining the village trucks. The toilets, kitchen and other services have never been supplied by unmetered water, and our water bill has always been paid.  

It was stated in a closed-door meeting with the mayor and village trustees that they are pursuing this action in this way because the village wants to change attitudes, behaviors, and to send a message to the Oakfield Fire Department and Robert Hilchey.

Robert “Buck” Hilchey has been an active member of the Oakfield Volunteer Fire Department for over 42 years of service. He has been one the most active volunteers in our department's history.  

It is the position of the Oakfield Volunteer Fire Department that Mr. Hilchey is not at fault for the charge of theft of services. We stand as a department behind Mr. Hilchey. It is deplorable that the village is willing to ruin a person’s reputation in the community, and possibly his livelihood because that village wants to send a message and change attitudes and behaviors.

Man accused of tangling with police officer reportedly changes mind on plea deal

By Howard B. Owens

Kevin L. White, accused of burglary and assaulting a police officer, was pretty indecisive today about whether to accept a plea offer on the multiple charges against him.

When White first appeared in Genesee County Court this morning, his attorney, Fred Rarick, was under the impression he was going to accept the plea offer, but White turned it down.

Rarick and White then met back at the jail where, Rarick said, he explained again all of White's options and the possible consequences of getting convicted by a jury. He also explained an "Alford plea" where White could enter a guilty plea without admitting to the factual allegations, just to the likelihood that he would be convicted by jury.

The case was put back on afternoon calendar and, again, Rarick expected his client to accept the plea offer.

But as Rarick stood before Noonan, he told the judge his client had again changed his mind.

District Attorney Lawrence Friedman said that he will proceed now with a presentation to a grand jury for a possible indictment.

Of course, until a trial date is set, White will still have the option of accepting whatever offer is on the table.

White, 21, of no permanent address, is charged with second-degree burglary for an alleged break-in Aug. 21 in the City of Batavia. He was arrested Jan. 4.

He is also charged with criminal possession of a controlled substance, 7th, obstruction of governmental administration, unlawful possession of marijuana and assault, 2nd (causing physical injury to a police officer), and resisting arrest.

White was reportedly at a residence on State Street at 5:51 a.m. on Oct. 14 when Batavia police officers responded to a report of a domestic incident.

While paramedics treated an alleged female victim downstairs, police went upstairs where White and another person had allegedly locked themselves in a bedroom.

Officers kicked in the door and White allegedly tried to flee down the stairs and charge past Sgt. Dan Coffey. He and Coffey fell against the wall, down one stair and spilled into the kitchen, breaking a table and chair. Coffey allegedly suffered a leg injury.

White allegedly continued to struggle with Coffey until another police officer subdued White with a Taser.

During a search of White, he was allegedly found to possess cocaine and marijuana.

White has been in jail since on $20,000 bail or $40,000 bond.

UPDATE: Batavia PD released more information this morning about White's arrest on a burglary charge. White was accused of stealing returnable bottles and cans from a residence on Washington Avenue in August. He was also charged with petit larceny.

Proceedings against Batavia burglary suspect delayed slightly while new attorney takes the case

By Howard B. Owens

A Batavia man accused of eight burglaries in the city will be represented by a private attorney, Judge Robert C. Noonan was informed this afternoon.

Fred Rarick, initially assigned to represent Francis S. Smith, 19, formerly of 20 S. Main St., Batavia, told Noonan that he had been contacted by the family informing him the family retained an attorney to represent Smith.

Noonan noted that the attorney had not yet appeared with Smith nor filed notice with the court, but agreed to call Smith back in a week to appear with his new attorney.

A plea offer has been extended to Smith, District Attorney Lawrence Friedman said, and indicted he is ready to present the case to a grand jury.

Smith was arrested Jan. 1 while allegedly burglarizing a residence on Washington Avenue. Prior to that arrest, there had been a series of burglaries reported in the city that investigators considered to be the work of the same person. Smith has subsequently been charged with seven of those burglaries.

Genesee ARC concerned about state funding cuts to disability programs

By Howard B. Owens

Below is a press release from the parent organization of Genesee ARC about Gov. Andrew Cuomo's proposed cuts to funding for programs that assist people with developmental disabilities.

According to Sandy Konfederath, of Genesee ARC, the proposed cuts would "equal $600,000" for the local agency.

The photo is of Deb and Mike Riggi, of Oakfield, and their daughters, Masha and Cassidy, during a meeting Saturday with Sen. Mike Ranzenhofer. Deb Riggi is a Genesee ARC board member. The Riggis and Genesee ARC Executive Director Donna Saskowski met with the Senator to discuss the local impact such funding cuts.

Press release:

NYSARC, Inc., the nation's largest nonprofit agency serving people with developmental disabilities, is urging the Legislature and the Governor to approve a final budget deal restoring $120 million in State funding to programs and services for people with developmental disabilities.

The reduction is a result of a 6 percent across-the-board cut which was contained in the Governor's budget. When federal funds are included, the cut is $240 million.

"These cuts are catastrophic," said NYSARC Executive Director Marc Brandt. "They are in addition to the nearly $350 million in cuts developmental disabilities services have sustained over the past three years."

Agencies throughout New York State care for 126,000 individuals with developmental disabilities. It is the largest system of its kind in the nation.

Brandt said that "We expect that many agencies will sharply curtail service and some may face closure" as they are unable to meet payroll and pay for goods and services.

"Many of these agencies serve vulnerable people, some of whom are medically frail, many of whom require 24-hour care. We don't know what will happen with them. Many, particularly adults, have no families to step in should an agency fail. This is a recipe for disaster for this population."

Furthermore, Brandt added, "the staff that provides hands-on care are already stretched to the breaking point from prior year cuts and a staggering onslaught of regulations."

"Seventy percent of all agency funding goes to pay these individuals. Simple math will force these employees to absorb layoffs, shortened hours, and increased medical costs."

"Now, these cuts will push many of these staff beyond the breaking point. Many of people they care for will find their quality of care eroded and be exposed to far greater health and safety risks."

"The Governor's Justice Center was aimed at enhancing the health and safety of the people we serve. We strongly support the Justice Center. However, we can't help but note that these cuts will undermine the primary aim of the Justice Center -- to safeguard the people we serve."

"When New York State elected to build a large system of community-based care for people with developmental disabilities, it accepted a moral responsibility for decent care. Some argue that a system this large should never have been built. But over decades, New York State built it. That reality won't go away. The State must continue to own up to its clear moral obligation to provide decent care to tens of thousands of people with developmental disabilities and their families. The State must eliminate this cut."

Law and Order: Batavia man accused of ramming car into truck and house in Stafford

By Howard B. Owens

Richard Joesph Liberte, 46, of Batavia Stafford Townline Road, Batavia, is charged with criminal mischief, 2nd, and criminal mischief, 3rd. Liberte is accused of deliberately driving his vehicle into a parked truck and then into a residence, causing substantial damage to the structure at 2:18 a.m., Sunday, at 7997 Batavia Byron Road, Stafford. Liberte was jailed on $5,000 bail.

Yolanda E. Johnson, 26, of 8 Wood St., Batavia, is charged with petit larceny. Johnson is accused of stealing a bag of money from the apartment of a friend.

Melissa M. Morton, 27, of 4802 Middlebury Road, Bethany, is charged with criminal contempt, 2nd. Morton was a passenger in a vehicle stopped for alleged traffic violations on Main Street by Officer Chad Richards. There was an active bench warrant for Morton out of Batavia City Court. She was jailed on $500 bail.

Daniel C. Dilaura, 38, of 32 Brooklyn Ave., Batavia, is charged with harassment, 2nd. Dilaura is accused of hitting a woman he knew in the face. Dilaura was jailed on $10,000 bail.

Brian Lee Smith, 51, of Colonial Boulevard, Batavia, is charged with stalking, 4th. Smith is accused of having continued contact with an ex-girlfriend after being advised by law enforcement to cease all contact.

Patricia Kathleen Vogel, 52, of Exchange Street, Attica, is charged with petit larceny. Vogel is accused of stealing clothing and a book with a total value of $112.58 from Kmart.

Jerry Guity, 21, of Beach 54th Street, Far Rockway, is charged with unlawful possession of marijuana. Guity was a passenger in a vehicle stopped for an alleged traffic violation at 1:47 a.m. Monday on Route 33, Batavia, by Deputy Patrick Reeves. Guity was allegedly found in possession of marijuana.

Stephanie Leigh Hyatt, 19, of State Street, Batavia, is charged with falsely reporting an incident, 3rd. Hyatt allegedly reported that her vehicle was struck in the parking lot of Applebee's and provided a vague description of the "suspect vehicle." Hyatt allegedly later admitted to having an accident on the I-490 in Monroe County at a prior time.

Eric Michael Kelckler, 24, of Pratt Road, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Kelckler allegedly tried turning around in a private driveway on Hopkins Road at 4:15 a.m., Saturday, when his vehicle became stuck in the front yard of the residence. Upon investigation by Deputy Jason Saile, Kelckler was arrested for alleged drunken driving.

Suzanne Ryder, 46, of South Newstead Road, Akron, is charged with felony DWI, felony driving with a BAC of .08 or greater and speeding. Ryder was stopped at 10:24 p.m. Friday on Main Road, Pembroke, by Deputy Patrick Reeves for allegedly driving 53 in a 40 mph zone.

Pamela Lynn Palaszynski, 27, of Tillotson Place, Buffalo, is charged with DWI, driving with a BAC of .18 or greater, speeding, operating without headlights and failure to yield to emergency vehicle. Deputy Patrick Reeves attempted to stop Palaszynski's vehicle on Main Street, Batavia, at 10:39 p.m. Thursday for allegedly speeding (52 in a 45 mph zone) and other alleged traffic violations. Palaszynski allegedly did not stop for 2/10ths of a mile from the original traffic stop location.

Robert James Dempsey, 23, of Prole Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Dempsey allegedly drove his vehicle into a tree on Junction Road, Pavilion, at 2:30 a.m. Saturday. The accident was investigated by Deputy Eric Seppala.

Erik A. Kendell, 34, of East Bethany, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely and leaving the scene of a property damage accident. Kendell is accused of being in involved in car vs. telephone pole accident at 5:20 a.m. Saturday on Route 20, Alexander, and then fleeing the scene. The incident was investigated by Deputy Howard Carlson and Deputy Frank Bordonaro.

Rochester man accused of stealing copper pipe from vacant house in Byron

By Howard B. Owens

An alert neighbor helped local law enforcement catch a man who may have been stealing copper pipe from vacant residences.

Donald M. Walls, 34, of Rochester, has been jailed on $25,000 bail after being charged with burglary in the second degree, a Class C felony.

Walls was allegedly located inside a vacant house on Lyman Road, Byron, at 6:40 a.m., Sunday, after a neighbor reported suspicious activity.

Chief Deputy Jerome Brewster said the Sheriff's Office is sharing information about the arrest with State Police and law enforcement in Monroe County on the possibility that Walls was involved in similar crimes in other jurisdictions.

Yesterday morning, Deputy Brian Thompson checked several other vacant houses in Genesee County but found no further break-ins.

The investigation is continuing and is being conducted by Thompson, Deputy John Duyssen, Sgt. James Meier and Investigator Kris Kautz.

People with additional information that may be related to the investigation can contact the Sheriff's Office at (585) 343-5000.

Police have yet to determine cause of infant's death in Le Roy

By Howard B. Owens

Le Roy PD investigators are trying to determine what may have caused the death of a 5-month-old child inside a Main Street business late Saturday afternoon.

Emergency dispatchers received a call at 5:13 p.m. of an unconscious woman and an infant not breathing inside the tattoo shop at 72 Main St., Le Roy.

The initial report was that the woman had fallen on the child. Dispatchers initially told a responding Le Roy PD officer, and repeated it with other emergency responders, that there may have been an assault.

Police Chief Chris Hayward would not confirm this morning whether the case was being investigated as related to an assault.

He said the only information the police department is officially releasing about the investigation right now is what was put out in a press release this morning.

The press release does not discuss the possible circumstances of the infant's death except to say, "This investigation is continuing and natural causes or accidental death has not been ruled out."

The first officer on scene found one adult female "having medical issues," the release said, and CPR was being performed on the infant.

The officer assisted with CPR until an ambulance arrived.

The infant was transported to an area hospital and pronounced dead at the hospital.

Photos: Blue Devils take Section V title

By Howard B. Owens

Jalen Smith scored 25 points as the Batavia Blue Devils rolled over Newark in the Section V Class B1 title game Sunday, 58-41

Here are the photos from the game. We'll have a game story later.

UPDATE: Story by Nick Sabato

Batavia captured their third sectional championship in five years after defeating Newark, 58-41.

The top-seeded Blue Devils stymied the Reds with strong defense to jump out to an early lead in the first quarter, helped by the hot shooting from Class B1 MVP Jalen Smith, and never looked back.

Newark struggled to score all game and was held to 6-of-23 shooting and committed 11 turnovers in the first half, while Smith scored eight points in the first quarter to give Batavia a 26-14 halftime lead.

“We built our program on defense,” said Batavia Head Coach Buddy Brasky. “We stress every single day in practice that every single possession counts on defense. That’s what we believe in.”

Coming out of the half, Newark began to gain some momentum as Batavia’s shooting went cold, including cutting the lead to eight with two minutes remaining in the third quarter before sophomore Jeff Redband, who was playing in his fifth varsity game of the season after leading the jayvee team in scoring, hit a three-pointer to extend the lead to 11.

Justice Fagan would add a three-point play to push the lead to 37-23 heading into the fourth quarter.

The Reds would open the scoring in the final frame on a three by Anthony Lombardi. Smith would answer with a three of his own.

From that point Smith would go off.

After another three from Lombardi, he connected on back-to-back threes to give the Blue Devils a 17-point lead.

In total, Smith would score 13 of his game-high 25 points in the fourth quarter, after only four in the second and third quarter combined.

“Coach (Brasky) always tells me to keep shooting, keep playing my game and trust my teammates to get me open,” Smith said. “It’s pretty much continuous for every game.”

Leading scorer Justin Washington struggled with his shooting touch all game, but he once again made up for it by stuffing the stat sheet for the Blue Devils, scoring 11 points, grabbing nine rebounds, five assists, five blocks and three steals.

“Points don’t ever tell the story for Justin,” Brasky said. “He rebounds, he defends, he helps relieve pressure from the other team, he makes great passes in transition and that’s how Jalen gets quite a few of his shots.”

For Batavia, it was their fifth sectional championship in school history. It was also the first since 2010, a year that they made it all the way to the New York State semi-finals.

“There is a very proud tradition here with our ex-players,” Brasky said. “They built the program and pass it along every year to the young guys and now this year’s team can pass it along to the young guys coming up. That’s how good programs stay good.”

The Blue Devils’ roster is comprised of six seniors, five of whom are starters, which means they are a very tightknit group on and off the floor.

“We have been thinking about this day since we came together in fourth grade,” Smith said. “It feels great to get out there and finally achieve one of our goals. We work hard and play together as a family.”

Brasky, who was named the Section V Class B1 Coach of the Year, is also the father of one the seniors on the team, Jake Brasky.

Coach Brasky won a sectional championship in 2005 with his oldest son, Adam, and has coached this group of seniors since the fourth grade when they began to play organized basketball together.

“Since these guys have been in fourth grade I have been coaching them a lot in the off-season and in youth tournaments,” Brasky said. “So I have grown close to this group, partly because my son is in the group. So it is special to share this moment not only with my son but with these seniors.”

Smith was joined on the all-tournament team by Washington and senior Jamesson Etienne (eight points and four steals) for Batavia.

Lombardi, who was also named to the all-tournament team, led Newark (14-7) with 13 points and seven rebounds in defeat.

Batavia (18-3) will now face the Class B2 champion, Hornell (19-2), on Tuesday at the Blue Cross Arena. Tip-off is scheduled for 5:45 p.m.

To purchase prints of photos from this game, click here.

Minor injury accident reported at Route 77 and Lewiston Road, Alabama

By Howard B. Owens

A two vehicle accident, one blocking, and minor injuries reported, at Route 77 and Lewiston Road, Alabama.

Alabama fire and Mercy EMS responding.

UPDATE 11:30 a.m.: All three people involved are sign-offs. The Mercy EMS ambulance is back in service. One flatbed tow truck requested to the scene.

Notre Dame dominates second half against Romulus to claim Section V title

By Howard B. Owens

The Notre Dame girls put an exclamation point on their upset victory over Elba by claiming the Section V Class D2 title Friday in Gainsville against #3 seed Romulus, 56-41.

The Fighting Irish entered sectional play as the #4 seed, with only two losses on the season, both to the defending state champions and #1 seeded Lady Lancers.

Rather than an emotional letdown after beating the school's biggest rival, the Notre Dame girls came out fast and aggressive against Romulus, maybe a little too aggressive.

Riley Norton and Emma Francis seemed to knock down every three-point jumper they took and Romulus had a hard time scoring early in the game.

Midway through the first quarter, though, momentum started to shift and at the half, Notre Dame trailed 26-23.

Foul trouble dogged Notre Dame, with Norton and Laurie Call forced to sit because of two early fouls apiece.

Head Coach David Pero said he had his team trying some new defensive schemes, which ended up getting players out of position. Call said she was just had too much adrenaline pumping.

"I have a tendency to be aggressive, to put a lot of pressure on defense," Call said. "I had to calm myself down, dial my adrenaline down, and say, 'what do I need to do for my team,' and calm down, not try to get a steal, but get them to turn the ball over."

In the second half, Notre Dame went back to the defensive scheme that proved so successful against Elba -- the first time Notre Dame used it -- playing man-to-man.

And Pero was also able to put Norton and Call back on the court.

It was a whole different game through the final two quarters, with the Fighting Irish dominating the Lady Warriors, including a 10-0 run to finish the game.

"They struggled getting the ball up the floor and we knocked down some shots, made some free throws and the rest is history," Pero said.

Norton finished with 15 points, including 10 in the second half and was named tournament MVP.

She said the championship and the award were real special achievements as a basketball-playing senior.

"It's the best feeling in the world," Norton said. "It (the MVP trophy) means my hard work and my dedication to basketball since I was very young has paid off. I want to keep going and I want to keep winning, but this right now feels amazing."

Melanie Taylor scored 14 points,  had seven assists and six steals, while Call nabbed nine rebounds.

For Call, she's building quite a collection of trophies at home. She was on the Section V and state champion softball team and has a Section V title in cross-country.

"It’s been so fun," Call said. "Honestly, it’s the best thing ever because the girls I’m winning with are my best friends. They’re like sisters and it’s just like this family that keeps on helping each other and we’re successful in the end."

All-Tournament team: Jamie Marshall (Elba), Zoe McDonald (Romulus), Laurie Call (Notre Dame), Melanie Taylor (Notre Dame).

Notre Dame will play Class D1 champions Mt. Morris on Monday in Pavilion. The consolidated Class D champion will then represent Section V in the state tournament, starting with a regional championship game against the Section VI champion.

To purchase prints of these photos (parents, you want to make sure you always have copies, right?), click here.

Cedar Street Sales and Rentals celebrates 20 years serving Genesee County

By Howard B. Owens

It's all about relationships, says Guy Clark Jr., owner of Cedar Street Sales and Rentals.

Clark's business turned 20 today, and he said the enterprise has lasted because the people of Genesee County have trusted him and his staff.

"We owe a big thanks to the community," Clark said.

Raised in Stafford, Clark opened his first tool shop in Le Roy in 1985. He described it as an under-capitalized one-man operation, and he struggled, but he also started to gain a good reputation.

As the calendar flipped to 1993, the people at Cummings & Bricker, a Batavia-based wholesaler of farm equipment, approached Clark about opening a rental business on Cedar Street. Cummings and Bricker already owned the property, so they along with Clark and Ricky Palermo joined forces and opened Cedar Street Sales and Rentals March 1, 1993.

After a few years, Cummings and Bricker pulled out because both businesses shared the same peak seasons, Clark said, and that caused a little tension.

Another partner entered the picture for a few years, but seven years ago, Clark became sole owner of the business and has operated it successfully since, despite a recession and increased competition from the likes of Home Depot and Lowe's.

Clark said Home Depot went after the local rental business pretty hard a few years back.

Whatever Clark set as his rental price, Home Depot would offer the same tool for $1 less.

"They were attacking us pretty hard, but then they closed (the rental business) about three years ago," Clark said. "I was thrilled for that. I was proud of that."

Cedar Street has become one of the top Cub Cadet dealers in the nation, but there was a time when Clark didn't sell lawn mowers.

A persistent salesman kept trying to get him to stock a few, until finally, Clark recalled, the salesman said, "Look, let me put six in your store and if they don't sell by fall, I'll take them back, no hard feelings."

Clark added, "That was about 5,000 lawn mowers ago."

Clark was all smiles during the 20th anniversary party at his store today and said he does feel like he's accomplished something getting this far, even if you don't always notice the time sliding by.

"You don't think about it, and I didn't start thinking about it until I started looking at a calendar," Clark said. "Until people start coming in and saying, you've been here a long time, and you think, 'hey, I have been here a long time,' you don't think about it. You just go to work every day and never give it much thought."

The celebration continues Saturday with food, games, prizes and a chance to ride an all electric zero-turn mower from Cub Cadet. Clark said Cedar Street is the only dealership in the United States with the new mower in the store. They will go on sale this spring. The photo above is of Clark riding the mower. Customers who test drive it get a free hat. Food will be served from 11 a.m. to 1 p.m.

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