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Le Roy

February 6, 2019 - 3:21pm

BATAVIA -- A total of 212 students from Genesee Community College were named to Provost's List. Students honored on the Provost's List have maintained part-time enrollment and earned a quality-point index of 3.75 (roughly equivalent to an A) or better.

William Rippel of Batavia, NY

Joseph Jeanotte of Le Roy, NY

Elizabeth Grosskopf of Batavia, NY

Nadine Jeffery of Batavia, NY

Katelyn Connors of Batavia, NY

Sarah Herman of Alexander, NY

Cassandra Koepp of Alexander, NY

Naomi LaDuke of Alexander, NY

Nicole Alvord of Darien Center, NY

Thomas Kedzierski of Darien Center, NY

Lauren Carli of East Bethany, NY

Alexander Breissinger of Darien Center, NY

Lauren Bertalan of Darien Center, NY

Edward Foeller of Darien Center, NY

Patrick Puccio of Stafford, NY

Christina Weston of Alexander, NY

Erin Deja of Batavia, NY

Crystal Pierce of Batavia, NY

Shannon Guiste of Batavia, NY

Robert Tripp of Batavia, NY

Shane Causyn of Byron, NY

Cassandra Gowanlock of East Bethany, NY

Kyle Schoff of Corfu, NY

Kodian Becker of Darien Center, NY

Allison Steavens of Batavia, NY

Emily Reynolds of Elba, NY

Jennifer Cardinali of Oakfield, NY

Melissa Vinyard of Batavia, NY

Katelyn Barnes of Pavilion, NY

Ryan Wolfe of Batavia, NY

Bryan German of Batavia, NY

Mary Ross of Le Roy, NY

Magnum Kibler of Le Roy, NY

Maura Rogers of Le Roy, NY

Kyle Mott of Batavia, NY

Angelique Newton of East Bethany, NY

Colin Graham of Oakfield, NY

Alan Riggi of Alexander, NY

John Boyle of Le Roy, NY

David Hoffman of Bergen, NY

Jessica Lennon of Alexander, NY

David Mackey of Bergen, NY

Grace Morrill of Bergen, NY

Sandra Fanton of Pavilion, NY

Genesee Community College serves more than 5,700 students per semester through more than 70 academic programs and certificates, including the new Marketing and Social Media concentration within the Business Administration program, and the new Nanotechnology degree with ECC. On a microscopic scale, nanotech focuses on careers in biology, chemistry, electrical engineering, medicine and photovoltaics. 

GCC's new Student Success Center makes admissions, financial aid and enrollment a simple and efficient process. The college has earned three national sports titles; most recently, the Men's Soccer team brought home the National Junior Collegiate Athletic Association D-III title. The athletics program, housed in the brand new, state-of-the-art Richard C. Call Arena hosts more than a dozen intercollegiate men's and women's teams.

Highly convenient, GCC operates seven campus locations throughout Western New York, as well as a significant online learning program. College housing is available at College Village, just a three minute walk from the Batavia Campus. With small class sizes and state-of-the-art technology both inside and out of the classroom, Genesee Community College is known for being "high tech" and "high touch."

February 4, 2019 - 5:17pm
posted by Billie Owens in news, notify, crime, batavia, Le Roy.

John A. Snook is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on Dec. 15 in the City of Batavia Snook intentionally violated a duly served order of protection by being in the presence of the protected party. In count two, Snook is accused of second-degree burglary, a Class C violent felony, for allegedly entering a dwelling unlawfully on Jackson Street. In Special Information filed by District Attorney Lawrence Friedman, Snook is accused of having been convicted of first-degree criminal contempt on Jan. 5, 2015 in Genesee County Court and that conviction was for violating a stay away family offense order of protection. It was also within five years previous to the crime alleged in the current indictment.

Matthew J. Arelline is indicted for the crime of aggravated driving while intoxicated, a Class E felony. It is alleged that on Sept. 3 in the Town of Le Roy that Arelline drove a 2015 Mitsubishi on Route 19 while he was intoxicated and while a child age 15 or less was a passenger. In count two, he is accused of DWI, as a misdemeanor. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17.

Kelicia M. Storey is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on Sept. 26 in the Town of Le Roy that Storey drove a 2015 Kia on Route 19 while intoxicated. In count two, she is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 percent or more at the time. In count three, Storey is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count three that she had three or more suspensions in effect at the time that were imposed on at least three separate dates: Sept. 27, 2015; Jan. 14, 2017; and Aug. 19, 2018.

February 2, 2019 - 9:42pm
posted by Billie Owens in news, Le Roy, fire.

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A structure fire with smoke showing is reported at 3 W. Main St., Village of Le Roy Hall. The location is just west of Clay Street. Le Roy Fire Department is responding, along with City of Batavia fire. The second platoon is called to city fire headquarters on Evans Street.

Stafford and Town of Batavia fire departments are also called to respond.

UPDATE 10:16 pm.: All second-alarm responders are back in service.

UPDATE 10:17 p.m.: Le Roy Fire Chief Tom Wood said the initial call was for an automatic smoke alarm -- smoke in the building. His first assessment determined smoke was billowing from the bell tower. The first crew on scene discovered a broken water pipe that was leaking onto another pipe and creating steam. Mutual aid was canceled.

February 2, 2019 - 1:47pm
posted by Howard B. Owens in Le Roy, news.

Former Le Roy HS Football Coach Andrew Paladino was on his way home from work when he became part of the 21-vehicle accident on the Thruway during the storm on Wednesday. He spoke with our news partner 13WHAM.

February 1, 2019 - 12:12pm
posted by Virginia Kropf in le roy village green, Le Roy, news.

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Jan DeBack has made a lot of memories at the Le Roy Village Green, many of which she shared with residents and coworkers at an ice cream social Jan. 18 to celebrate her retirement.

DeBack was the first activities director hired when the facility opened in June 1979.

“I was in here in May setting up the departments,” DeBack said on her last day.

Her retirement became official on Jan. 31.

She said it was time to step back.

“My mom is 92 and my husband is disabled, and we would like to do some things together while we still can,” said DeBack, who turned 66 in January. “The first thing I’m going to do is clean house – something I’ve neglected for more than 30 years.”

Some of the most enjoyable things she will remember are writing poetry with the residents, working on specific programs and writing music.

“I have met more than 4,000 residents during my 40 years here,” DeBack said. “It’s hard when you lose someone and it was getting harder.”

Saying goodbye to the residents was emotional, De Back said.

Administrator John Bartholomew thanked DeBack for her 40 years of service and for having run a wonderful activities program. She is also credited with starting a pet therapy program 20 years ago.

Brenda Houck has worked with DeBack as assistant activities director since 2013. Houck started in 2007 as an intern and was hired in 2008.

“Working side by side with Jan for the past 10 years, she became a great teacher, mentor and friend,” Houck said. "She has taught me a lot about this career and made it a joyful experience. I could not have asked for a better teacher, and she will be missed.”

Houck continues as acting activities director and has submitted her resume to assume the permanent position. No decision has been made yet, she said.

Top photo: John Bartholomew thanks Jan DeBack for 40 years of dedicated service at Le Roy Village Green Nursing Facility during her retirement party.

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Jan DeBack, left, shares memories with Pat Green and Dottie Kurtz, residents of the Le Roy Village Green. DeBack just retired after 40 years as activities director.

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Jan DeBack, activities director at the Le Roy Village Green for the last 40 years, said goodbye to all the residents at her retirement party. Here, she chats with Grace Cycon.

January 31, 2019 - 12:06pm
posted by Howard B. Owens in accident, news, thruway, Le Roy, notify.

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Two truck drivers were cited today in connection with a 21-vehicle pile-up on the Thruway in Le Roy yesterday that hospitalized a state trooper.

Trooper Dominique Wilson sustained non-life-threatening injuries in the accident, which occurred at 2 p.m. in the eastbound lane of the Thruway near mile marker 382. Wilson remains hospitalized at Strong Memorial Hospital in stable condition.

Also injured were Michael L. Bushek, age 60, of Palmyra, and Edward F. Dejoy, age 55, of Hamburg. Both were treated and released at Strong.

Tractor-trailer drivers, Richard Magezi, 41, of Fort Worth, Texas, and Michael L. Lambert, 54, of Hartford, Conn., were ticketed for allegedly disobeying a traffic control device, speed not reasonable and prudent, following too closely, and driving across hazard markings.
 
The investigation revealed that 19 vehicles, including 16 passenger cars, one box truck and two tractor-trailers, were involved in the crash.

The preliminary investigation indicates that a tractor-trailer traveling eastbound lost control, jackknifed, and struck the rear of a Trooper Wilson’s troop car, pushing it out into the roadway where the patrol vehicle was then sideswiped by a second tractor-trailer.

There was a ban on tractor-trailer traffic on the Thruway at the time of the accident due to the winter storm passing through the area.

Le Roy fire, with Le Roy taking command, along Town of Batavia fire, and Bergen fire, and six ambulances from Genesee, Monroe and Livingston counties responded to the accident, which left the Thruway closed for several hours.

Top photo: submitted by a reader.

January 30, 2019 - 8:22pm
posted by Howard B. Owens in accident, news, thruway, Le Roy.

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Twenty-one vehicles, including a State Police patrol vehicle, were involved in an accident that shutdown the Thruway through Le Roy this afternoon.

Injuries were reported but no details have been released.

Several people involved in the accident were transported by van to the Ontario Service Center where they were evaluated by Mercy medics and interviewed by Troopers.

Le Roy Fire, Town of Batavia Fire, with assistance from Caledonia and Monroe County, responded to the scene.

Top three photos released by State Police. Bottom two photos courtesy a reader.  If you have photos to share of the accident, send them to [email protected]

(Initial Post)

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UPDATE: Reader submitted photo added below.

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January 30, 2019 - 6:01pm
posted by Billie Owens in crime, news, Le Roy, batavia, elba, notify.

George F. Anderson, 38, of 61 Myrtle St., Le Roy, was arrested by the Le Roy Police Department on Jan. 29 and charged with one count of endangering the welfare of a child, a Class A misdemeanor. It is alleged that Anderson failed to exercise reasonable diligence in maintaining control of a 4-year-old child by failing to be aware that the child left the apartment for about 40 minutes and was found crying in the common area of the apartment with no shirt on. Anderson was issued an appearance ticket to appear in Le Roy Town Court at a later date.

Craig L. Fien Jr., 46, 17 Mill St., rear apartment, Le Roy, was arrested by the Le Roy Police Department on Jan. 29 and charged with one count each of criminal possession of stolen property in the fourth degree, a Class E felony, and fifth-degree conspiracy, a Class A misdemeanor. It is alleged that between September and January, Fien knowingly possessed stolen property consisting of one pump shotgun (color black), belonging to the victim and he allegedly refused to return the gun to the victim when the victim asked then demanded that he do so. Fien was arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Steven C. Kazmierczak, 34 of 92 Gilbert St., Le Roy, was arrested by the Le Roy Police Department on Jan. 17 and charged with one count of criminal possession of a weapon in the fourth degree, a Class A misdemeanor. It is alleged that during a Probation check of Kazmierczak's residence, he was found unlawfully in possession of a shotgun due to a prior felony conviction. Kazmierczak was issued an appearance ticket and released to answer the charge in Le Roy Town Court at a later date.

Juaquin E. Davis, 23, of Bank Street, Batavia, is charged with first degree criminal contempt. Davis was arrested at 2:20 p.m. on Thomas Avenue in Batavia after he allegedly violated a Batavia City Court order of protection. He allegedly did so by being in the presence of a protected party and engaging in a verbal altercation with that protected party. He was arrested and issued an appearance ticket for Feb. 5 in City Court. The case was handled by Batavia Police Officer Stephen Quider.

Alexander D. Kibler, 21, of School Street, Batavia, is charged with: speeding; driving while ability impaired by drugs; possession of alcohol in a motor vehicle; and aggravated unlicensed operation of a motor vehicle in the third degree. Kibler was arrested at 1:24 a.m. on Jan. 19 on Walnut Street in Batavia after Batavia police conducted a traffic stop on a gray 2014 Jeep. Police subsequently allegedly found Kibler impaired by marijuana. He was issued traffic tickets and is due in City Court on Feb. 6. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Dorothy Gray De Roque, 46, of Mechanic Street, Elba, is charged with: DWI -- first offense; refusal to take breath test; and speed exceeding posted 55 mph. De Roque was arrested at 2:23 a.m. on Jan. 27 on Ford Road in Elba. She was stopped for speeding and allegedly found to be intoxicated and failed to submit to a breath test. She was arraigned in Town of Batavia Court and released on her own recognizance. She is due in Elba Town Court on Feb. 27. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Erik Andre.

Taylor L. Finnin, 26, of East Main Street, Batavia, is charged with petit larceny and failure to appear. Finnin was arrested Jan. 26 on multiple arrest warrants after Batavia police were called to a South Main Street, Batavia, address on an unrelated matter. Finnin was arraigned in City Court and jailed in lieu of $1,000 cash bail or bond. Finnin is to return to court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

January 30, 2019 - 5:04pm
posted by Billie Owens in Milestones, Oakfield, elba, Le Roy, east bethany, east pembroke, batavia.

AMHERST -- Daemen College Dean Michael Brogan, P'h.D., announces the following Genesee County students achieved dean's list status at Daemen College for the Fall 2018 semester.

A matriculated undergraduate student who attains a grade-point average of 3.30 or better in any one semester is eligible for the dean's list.

* Briana Janes, of Batavia 

* Stephanie Hoy, of Batavia

* Jeffrey Redband, of Batavia 

* Patrick Wrobel, of Batavia 

* Katie Underhill, of Batavia 

* Jordyn Atkinson, of East Bethany 

* Mikaila Mault, of East Pembroke         

* Emily Kreutter, of Elba

* Emily Graham, of Le Roy 

* Brianna Hill, of Le Roy

* Collin Scheiber, of Oakfield

* Elizabeth Goff, of Oakfield

January 30, 2019 - 4:23pm
posted by Billie Owens in Milestones, batavia, Le Roy.

Ithaca College congratulates students named to the dean's list for the fall 2018 semester. The following local students were named to the dean's list:

  • Journalism major Emily Chavez, of Le Roy 
  • Journalism major Madison Moore, of Batavia 
  • Journalism/Politics major Lauren Leone, of Batavia 
  • Performance/Music Education major Madison Hoerbelt, of Batavia 
  • Politics major Michael Lullo, of Batavia 

About Ithaca College

Founded in 1892, Ithaca College is a residential college dedicated to building knowledge and confidence through a continuous cycle of theory, practice and performance. Home to some 6,500 students, the college offers more than 100 degree programs in its schools of Business, Communications, Humanities and Sciences, Health Sciences and Human Performance, and Music.

Students, faculty and staff at Ithaca College create an active, inclusive community anchored in a keen desire to make a difference in the local community and the broader world. The college is consistently ranked as one of the nation's top producers of Fulbright scholars, one of the most LGBTQ+ friendly schools in the country, and one of the top 10 colleges in the Northeast.

January 30, 2019 - 4:17pm
posted by Billie Owens in Ag District 3, Le Roy, bergen, Pavilion, Stafford, business, news, agriculture.

Press release:

The state mandated 30-day public review period has begun for Agricultural District No. 3 in the towns of Le Roy, Pavilion, Stafford and Bergen.

The Genesee County Agricultural and Farmland Protection Board announced that Agricultural District No. 3 would embark on its eight-year review with a 30-day public review period beginning on Jan. 26.

As with every eight-year review, landowners with lands in the district under review will be asked to complete a worksheet where they will be given the option to enroll or withdraw property from the district. Only entire parcels can be included or excluded.

Landowners will receive the worksheet, along with a letter, informational brochure, and map of the current district boundaries in the next couple of days. Each landowner will have until Monday, Feb. 26thof this year to mail the worksheets to the Department of Planning in the envelopes provided.

This deadline also coincides with the deadline for the Annual Enrollment Period which allows for inclusion of predominantly viable agricultural land to any of the County’s Agricultural Districts pending review by the Agricultural and Farmland Protection Board. In addition, nearby landowners that are receiving Agricultural Tax Assessments and are not part of the Agricultural Districts Program will be mailed a letter and form inviting them to join the program.

During this 30-day period, a map of the District will be on file and open to the public in the office of the Genesee County Clerk and at the Genesee County Department of Planning. Any municipality whose territory encompasses the above Agricultural District, any State Agency or any landowner within or adjacent to the District, may propose a modification of the District during this period.

The District and any proposed modification will be submitted to the Genesee County Agricultural and Farmland Protection Board for review. Consequently, a public hearing on the District and any proposed modifications will be held on Wednesday, May 8, at 5:30 p.m. at the Genesee County Old Courthouse, 7 Main St., Batavia.

At the conclusion of this review, the Genesee County Legislature will vote on any modifications to the District and send the proper materials to the State Department of Agriculture and Markets for recertification. The public is encouraged to attend all open meetings.

By enrolling land in the Agricultural Districts Program, participating farmers can receive relief from nuisance claims and certain forms of local regulation. Enrollment is free and voluntary.

For a free informational brochure, please contact the Genesee County Department of Planning. Phone: (585) 815-7901; Fax: (585) 345-3062; Email: [email protected] Visit on the web here

January 30, 2019 - 3:32pm

Dessert in the Stacks is back! It will be held a Woodward Memorial Library in Le Roy from 7 to 8:30 p.m. on Friday, Feb. 8. Sample delicious desserts and visit with friends.

Local restaurants, bakeries, caterers, and stores donate the desserts and you get to sample as many of them as you would like!

Desserts so far include: assorted chocolates from Oliver's Candies; apple and cherry pies from Gre'gry's Bakery; vanilla raspberry and lemon torte cakes from Elegant Cakes; chocolate lush pie and peanut butter pie from Red Osier Original Landmark Restaurant; and savory pizza from Pastore's.

There will also be delectable treats from D & R Depot, Farmer's Creekside Tavern & Inn, GAMS Simply Sweet and Savory Bakery, The Divine Tree, and Tops Friendly Market.

New this year are samples of coffee, hot chocolate, and Munchkins from Dunkin' Donuts.

We are still adding to the list of desserts as area caterers, restaurants, and bakeries donate to this event.

Tickets for this adults-only event are $8 each or 2/$15 and must be purchased in advance.

Get your tickets now! This is an event you don't want to miss.

Woodward Memorial Library is located at 7 Wolcott St. in the Village of Le Roy

Phone is 768-8300.

January 30, 2019 - 2:15pm
posted by Howard B. Owens in accident, news, Le Roy, thruway.

A multiple-vehicle accident is reported on the Thruway in Le Roy.

Le Roy Fire responding. Mutual aid requested from Town of Batavia.

A Le Roy chief asks a driver to bring a van in case shelter is needed for multiple people.

Two additional ambulances requested to the scene in case of multiple injuries.

UPDATE 2:17 p.m.: Caledonia requested to the scene.

UPDATE 2:22 p.m.: At least 15 vehicles involved, including tractor trailers. There are multiple injuries, including a truck driver with a head injury.

UPDATE 2:26 p.m.: At least six ambulances are required to the scene. Bergen requested to the scene.

UPDATE 2:29 p.m.: Eastbound traffic is being diverted off the Thruway at Batavia. Expect an influx of traffic into Batavia.

UPDATE 2:31 p.m.: A chief on scene wants to know ETA for an advanced life support ambulance. It is two or three minutes. The chief has given the ambulance driver instructions on how to get to the victims, who are at the front of the accident. "Don't worry. We'll make it happen," the driver tells the chief.

UPDATE  2:41 p.m.: Thruway being closed at Le Roy.

UPDATE 2:46 p.m.: A Caledonia crew requested to Le Roy fire hall to fill in.

UPDATE 3:03 p.m.: People involved in the accident who were not injured are being taken to the service center, where they can be kept warm and rest. Troopers will complete interviews with them there.

UPDATE 3:12 p.m.: Monroe County ambulances are being released from the scene.

UPDATE 3:25 p.m.: Multiple tractor-trailers can't up it up the hill on Route 20 east of Molasses Hill Road.

UPDATE 3:27 p.m.: The officer on scene wants to know if the hill can be salted. A snow plow is in route. "I've got trucks backed up as far as the eye can see down 20," the officer says.

UPDATE 3:50 p.m.: State Police, Troop T, are reporting 21 vehicles involved.

UPDATE 3:55 p.m.: A chief reports, "everyone is on the bus and the bus is on its way to the Ontario Service Center."

UPDATE 3:58 p.m.: All emergency units back in service. The Thruway is still being cleared of vehicles involved in the accident.

January 30, 2019 - 1:26pm
posted by Billie Owens in Le Roy, accidents, news.

An accident with injuries involving multiple vehicles is reported in Le Roy at 6874 W. Main Road (Route 5), just east of Bater Road. Le Roy fire and ambulance are responding.

January 27, 2019 - 11:11am
posted by Howard B. Owens in Le Roy Fire, news, Le Roy, fire services.

Video: Le Roy Fire members discuss why they enjoy being volunteer firefighters.

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Brandon Connolly was named Fireman of the Year by the Le Roy Volunteer Fire Department at the department's annual installation and awards banquet, held this year at Terry Hills.

Firematic officers for 2019 are: Tom Wood, chief (far right in top photo); Craig Johnson, 1st assistant chief (second from right); Josh Pfendler, captain and training officer; A.J. DeFelice, lieutenant; Jared Chick, lieutenant; Joe Orlando, safety officer.

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The fire department created a new safety award this year, named in honor of longtime safety officer Joe Orlando. The first recipient is Christopher DeFelice. Photo: Craig Johnson, DeFelice, Orland, and Tom Wood.

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Tim Hogle served as chief for three years. This year, Tom Wood returns to the chief's role and Hogle received a thank-you plaque.

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To find out how you can become a member of your local volunteer fire department, visit ReadyGenesee.com.

January 25, 2019 - 3:31pm
posted by Billie Owens in Le Roy, Milestones.

Avery Mallaber, of Le Roy, was named to the dean's list at Ashland Universityfor the Fall 2018 semester.

Mallaber is majoring in Criminal Justice. Mallaber is a 2015 graduate of Le Roy Central High School.

Ashland University, ranked in the top tier of colleges and universities in U.S. News and World Report's National Universities category for 2018, is a midsized, comprehensive private university conveniently located a short distance from Akron, Cleveland and Columbus, Ohio.

Religiously affiliated with the Brethren Church, Ashland University (www.ashland.edu) deeply values the individual student and offers a unique educational experience that combines the challenge of strong, applied academic programs with a faculty and staff who build nurturing relationships with their students.

January 23, 2019 - 11:16am
posted by Howard B. Owens in news, Le Roy, Robbin's Nest, Presidential Acres, notify, land use.

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Good fences make good neighbors the poet Robert Frost observed, but that may not apply to driveways, at least not in Le Roy.

A driveway is the latest flashpoint in a nearly decade-long neighborhood dispute that pits local businessman Pete McQuillen against Steve Barbeau and other residents of the subdivision known as Presidential Acres.

In the latest chapter, McQuillen was brought up on criminal charges for use of a driveway that traverses a parcel he owns next to the residence of Barbeau. It allows him to access both a utility building he constructed behind Barbeau's lot and the single-family home he and his wife, Judith, now live in further back on their parcel.

A judge in Darien Town Court dismissed the criminal complaint, which prompted Barbeau and several other residents to file an Artice 78 petition seeking, among other things, to overturn the dismissal.

An Article 78 filing, or proceeding, is an appeal of an agency decision. It is how a citizen in New York can appeal to judge in a county supreme court the ruling or decision of any government agency in the state.

Barbeau's side lost in a harshly worded decision written by Justice Emilio Colaiacovo of the NYS Supreme Court 8th Judicial District.

"As this Court has some familiarity with these parties and prior proceedings, it is deeply troubled by the continued methods employed by the Petitioners," Colaiacovo wrote. "While it is one thing to complain about your neighbor, it is another to install video equipment and keep a log documenting your neighbor's activities in an attempt to subject and expose him to criminal prosecution. The Petitioners' demonstrated pattern of prosecution against their neighbor is nothing short of harassment."

Despite the ruling, the legal proceedings are likely to continue, Barbeau indicted in an email to The Batavian.

History of Disputes
McQuillen purchased property in the Fillmore/Robbins Road area, adjoining Presidential Acres, in September 2010.

Shortly after acquiring the property, McQuillen announced his intention to build 26 single-family homes for people 55 and over on the subdivision, which McQuillen dubbed "Robbins Nest." This met with opposition and eventually resulted in a lawsuit with Barbeau, supervisor in the Town of Le Roy, as one of the plaintiffs.

The legal challenges eventually brought an end to McQuillen's plans for Robbins Nest, but by that time he was being sued over duplexes he built in the subdivision as well as a challenge to the utility barn he built behind Barbeau's home.

McQuillen eventually prevailed in the challenge to the duplexes and in that ruling, issued in February 2017, Colaiacovo determined the challenge to the utility structure was moot because McQuillen had built a single-family residence on the property (a utility structure, or garage, or barn, is not permitted as a stand-alone structure on a lot in a single-family area, according to Village of Le Roy code).

Village code enforcement had, perhaps incorrectly, issued a building permit to McQuillen for the utility building before plans were submitted for the single-family residence.

While McQuillen was erecting that barn-like structure in August 2013, Barbeau became upset with McQuillen when a tree fell on his house (there was little or no damage). An argument ensued and an accusation that Barbeau shoved McQuillen, causing him to fall ot the ground, leading to Barbeau's arrest (Barbeau eventually received a conditional discharge).

It was during this time that Barbeau and his then-neighbor David Boyce (who has since moved) had their own complaints against McQuillen. McQuillen was accused of parking construction equipment in front of their homes; storing waste construction material on the property across the street; and of once dumping a pile of manure against the back property line Boyce's home just in time for a graduation party for Boyce's daughter (an allegation recounted in a recent email to The Batavian from Amy Kendall, attorney for the Presidential Acres residents).

In July 2013, the Village granted a building permit for McQuillen to construct a single-family home with an address of 9313 Robbins Road.

Boyce and neighbors, in a lawsuit titled Bartz vs. Le Roy, challenged the ZBA's decision on the building permit.

As part of its decision, the ZBA ruled (and this point is part of the ongoing dispute) that ingress and egress for 9312 Robbins Road would be from a driveway leading to Robbins Road.

The neighbors ended up withdrawing the suit, letting the ZBA decision stand, in order to challenge McQuillen's use of the driveway leading to Fillmore Street.

Barbeau began keeping a log of traffic on that driveway, and at the suggestion of a code enforcement officer, set up a video camera to monitor vehicle traffic on the driveway.

That evidence was eventually used to file a criminal complaint against McQuillen. The case was moved to Darien because both justices in Le Roy had a conflict of interest as did Judge Gary Graber in Darien, which is how the case was handed to Darien Town Justice Michelle Krzemien.

The Easement
Pete and Judith McQuillen own the parcel at 9313 Robbins Road.

Judith McQuillen is CEO of Circular Hill Inc., according to a court filing by attorney Kendall, and that corporation owns the parcel adjoining Fillmore Street.

In September 2013, Circular Hill granted an easement to the McQuillens for use of a driveway and utility connections attached to the Robbins Road residence.

In July 2014, the Zoning Board of Appeals affirmed its prior decision to issue a building permit, after hearing an appeal from the neighbors, and stated in its decision, "The board notes the owners' right of entry to the primary and accessory structure will be accessed through Robbins Road."

It's the position of Barbeau and his co-plaintiffs that the decision limits the McQuillens to using only the drive leading to Robbins Road.

One point of contention in the case is that McQuillen did not mention, nor did the ZBA ask about, nor did anybody apparently research, the easement on the property next to Barbeau's.

McQuillen did not appeal this decision and later claimed he did not know about the ZBA's written decision requiring access on Robbins Road.

The McQuillens received a certificate of occupancy for their new home in June 2016.

Later that month, Pete McQuillen testified in the Bartz case that he used the Robbins Road driveway for ingress and egress to his house.

In July 2016, Code Enforcement Officer Jeff Steinbrenner sent a letter to McQuillen notifying him that he was violating Village code and the ZBA decision by using the Fillmore Street driveway.

From August 2016 through January 2017, Barbeau made a log of vehicles using the Fillmore Street driveway, which included a black Dodge Ram, a white GMC SUV, a gray pickup, a FedEx truck, tractors, a four-wheeler, and several other vehicles.

The following February, the Village filed a criminal complaint against McQuillen.

The case was transferred to Darien Town Court in May and McQuillen's attorney Benjaman Bonarigo filed a motion to dismiss the criminal complaint "in the interest of justice" in the fall.

A hearing on the motion was held Dec. 3, 2017.

The Dismissal Hearing
In New York, a criminal case can be dismissed "in the interest of justice" if a judge finds compelling factors about the circumstances of the case that clearly demonstrate that prosecution, or conviction, would result in an injustice, such as insufficiency of evidence or the defendant was really doing nothing wrong.

At the dismissal hearing in People v. McQuillen, Bonarigo represented McQuillen and James Wujcik represented the Village of Le Roy.

Kendall and Barbeau were also present and both attempted to speak and Krzemien denied their requests, an effort characterized by Colaiacovo in his ruling as an attempt to influence the proceedings.

In her subsequent filings, Kendall would have a few complaints about this hearing:

  • That neither Bonarigo nor Wujcik corrected Krzemien on relevant points of law;
  • That Wujcik did not correct what Kendall sees as inaccurate factual statements during the hearing and that he did not sufficiently challenge Bonarigo on points of law;
  • That neither attorney corrected Krzemien on misstatements about the county issuing the easement;
  • That Bonarigo failed to produce citations to back his assertion that the easement barred his client from being charged criminally;
  • That she wasn't allowed to speak in violation of court rules.

At the hearing, Bonarigo spoke first, according to a court transcript, and presented the facts of the case as he saw it, from McQuillen's purchase of the property in 2010 through McQuillen's eventual criminal charge. He covered the easement and the ZBA hearings.

In the midst of his presentation, Krzemien interrupted and explained why she had not read filings from Kendall relevant to the Bartz case.

"I did not look at the paperwork because I don't know too much about zoning and you (Bonarigo) told me the appellate -- the appellate decision had nothing do with what was laid out here," she said.

A short time later, Bonarigo sums up, "Let me just say ... there's an easement. It's a matter of record. It allows for exactly what Mr. McQuillen is accused of doing here in a quasi-criminal matter. Therefore, it's our contention that based upon those facts and what's before this court, documentarily, that you should dismiss this case in the interest of justice."

In response, Wujcik argues that the ZBA had already ruled that McQuillen could only access his property from Robbins Road.

"Mr. McQuillen never disclosed that he had an easement," Wucik said. "So since he didn't disclose it, then the business about that he wasn't aware of the ZBA's decision -- our position is that's misplaced because he was the defendant in a litigation, so he certainly was aware of the two -- there's also a different ZBA decision against him -- but he was aware of that."

After more discussion, Krzemien asked who issued an easement, the village or the county.

Wujcik explained that private citizens grant easements, with a short explanation of how the process works, and that once two private parties agree on an easement, it is filed with the relevant government agency.

After the explanation, Krzemien asked, "So I guess what I'm asking is, ... in the VIllage of Le Roy, is there a process that you would go through to get an easement or all easements issued through the county?"

Bonarigo: "No, there is no such procedure."

Krzemien: "No such procedure."

There is then a long discussion related to issues contained in the Bartz case.

Returning to the requirement to use Robbins Road, Bonarigo said, "The ZBA can't create that by law over the top ... they can't take away a legal right that has been formulated for years prior to it by just a stroke of the pen. They don't have that kind of authority. As a matter of law, the easement was in existence."

Wujcik said the ZBA has the authority to nullify an easement, and as to the assertion that the ZBA didn't ask about the easement, "the Zoning Board of Appeals doesn't know what it doesn't know. If they are not made aware of an easement, they can't make an interpretation or a ruling on it."

Bonarigo: "They were made aware of it, Judge. That's my point."

He would later point out that the easement is on file with the clerk's office and is a public document and easily discoverable. In reviewing court documents obtained by The Batavian we didn't find any indication the ZBA was made aware of the easement prior its decision, nor is there any indication any ZBA member or staff member tried to research the title of the property.

After more discussion, Krzemien makes reference to the county granting the easement and discusses the life of the easement, which goes with the land.

Wujcik did not correct her misstatement about the easement being granted by the county but did agree it goes with the land.

Later, Wujcik points out that the McQuillens filed the easement two weeks after the first ZBA discussion of the property but before any ZBA decision.

At this point, Kendall tries to speak and Bonarigo objects.

"This is not a civil matter despite what Ms. Kendall might think," Bonarigo tells the judge.

Krzemien: "Ms. Kendall, I'm sorry. I'm not going to hear what you have to say, so will you have to sit down, please."

A few pages later in the transcript, Krzemien again refers to the county issuing the easement and neither attorney corrects her misstatement.

At one point, Krzemien complains about Kendall, "I'm not. I'm not. I know you're just -- got information from him. And that little bird back there is chirping at you."

Wujcik: "Yeah, I don't need her -- no disrespect to her, I don't need the chirping."

When it comes time to discuss when Krzemien might issue a decision, Krzemien asks that McQuillen, in the meantime, stop driving bulldozers down the driveway, along with snowmobiles and four-wheelers; asking that they only use the driveway for their own personal vehicles, except for snow removal. McQuillen agrees.

On April 16, Krzemien granted McQuillen's motion, dismissing the criminal complaint in the interest of justice, noting the existence of a valid easement.

The Village of Le Roy did not appeal Krzemien's decision, and Wujcik later informed Colaiacovo that the Village would not be joining the challenge by neighbors to the ruling.

The Batavian emailed Wujcik last week and asked why the Village did not appeal the ruling, as well as why Wujcik did not mount a more explicit challenge to Bonarigo's assertion that the easement took precedence over Village code or the ZBA decision. After acknowledging our questions and saying he would respond, he did not provide a statement.

The Batavian also contacted Bonarigo and asked him to provide case law citations or specific code sections that would indicate an easement takes precedence over local codes or a ZBA decision.

Bonarigo responded:

A decision was rendered by Justice Emilio Colaiacovo, Supreme Court, supporting my client's position on the Art. 78. I trust you have read that and would hope that you are going to report that result as I don't care to relitigate the Town of Darien case with you.

Bonarigo has declined to comment on follow-up questions.

Article 78 Petition and Ruling
Kendall filed an Article 78 petition May 16. The petition was on behalf of Barbeau, Earl Bickett, Robert Boyce, Joseph McKay, Stephen Moulton, and Ronald Paganin, all property owners in Presidential Acres.

In her motion, Kendall said the petitioners had no other means of seeking remedy than through an Article 78 petition.

The petition asks the court to annul Krzemien's "arbitrary, capricious, and illegal decision." Kendall claimed the ruling was based on insufficient information and misunderstanding of relevant law. Kendall asked the court to rule the use of the driveway off of Fillmore Street illegal and order that it no longer be used.

She asked that the court rule that the McQuillens' use of the driveway constituted a nuisance.

As part of the motion to overrule Krzemien's decision and bar use of the driveway, Kendall complains that the Village of Le Roy failed to challenge the judge's inaccurate statements and that her clients have experienced special damages.

She also asks for attorneys fees, court costs and punitive damages.

By the third page of his 17-page opinion rendering his decision, Colaiacovo is sniping at the petitioners.

"The petitioners live near McQuillen and have exhaustively and painstakingly monitored this otherwise innocuous activity and complaint to the Village of Le Roy," Colaiacovo writes.

The justice ruled that since the criminal proceeding involved only the Village of Le Roy, which declined to participate in the petition, and McQuillen, the petitioners lacked standing to file the motion.

The petitioners failed to demonstrate any injury or harm they sustained because McQuillen used the driveway, Colaiacovo said, adding, "It certainly is not a nuisance as Petitioners maintain, however, there is mounting evidence to suggest that these continued lawsuits are."

He dismissed the complaint against Krzemien, saying that even if the petitioners had standing, Krzemien has judicial immunity.

"Petitioners insist that they have a viable cause of action against the Town Justice because she lacked subject matter jurisdiction over a ZBA decision. Petitioners strangely maintain that by granting the motion to dismiss, the judge erroneously invalidated a ZBA decision by passing judgment on the validity of an easement. However, the Town Justice insists that these charges were dismissed 'in the interest of justice.' This court agrees that the Petitioners' argument improperly mischaracterizes the decision of the Town Justice."

While a town justice doesn't have subject matter jurisdiction, Colaiacovo said, they can dismiss such matters "in the interest of justice."

"Judge Krzemien's determination was just that, a determination and exercise of her judgment, and not a ministerial or clerical act that could be reviewed under Article 78."

He added later in the same section, "to otherwise entertain the relief requested would create a terrible precedent, allowing officious, meddlesome individuals, like those here, an opportunity to intervene and challenge any judge's decision that offends their belief of what the law should be. Sanctioning the relief requested by the Petitioners would only empower like-minded obstreperous people who are engaged, as is the case here, in a simple yet ongoing neighborhood dispute."

While the neighbors sought attorneys fees, court costs, and punitive damages, Colaiacovo notes the arguments of Bonarigo claim that the Article 78 petition was "frivolous" and that challenging the town justice's decision was "beyond zealous representation and of a client and constituted an abuse of process."

Colaiacovo also faulted Kendall and Barbeau for what he said was attempted interference in the McQuillen case at the Dec. 3 hearing and then commencing the Article 78 petition without standing.

"This tactic, which is completely lacking in merit and cannot be supported by a reasonable argument, cannot now be simply overlooked," Colaiacovo wrote. "When viewed in its entirety, the conduct of Petitioners clearly evidences a systematic and torrid legal assault of anyone who stands in the way of what they ultimately seek, including a local Town Justice. This court finds that this reckless and egregious conduct justifies the imposition of costs and fees."

Colaiacovo ordered a hearing on costs and fees for 9:30 a.m., Feb. 14.

Kendall said her clients remain unsatisfied with the response of the Village to the situation, unhappy with Krzemien's ruling, and with Colaiacovo's opinion upholding that decision.

"My clients simply want the McQuillens to comply with the law of the Village," Kendall wrote in an email to The Batavian. "I do not know why that is so difficult. The McQuillens have at least one other driveway onto their property, so the reason they continue to violate the ZBA Decision seems clear. The Village did not support its Code Enforcement Officer’s determination that McQuillen was violating the ZBA Decision by appealing the Justice Court’s obviously incorrect decision. At this point, it appears that having an easement allows you to violate Village law and that is a very dangerous precedent."

She added, "My clients do not want to live with this ongoing harassment and feel that they should be protected from it by the Village. The Village isn’t protecting them."

Given a chance to respond to Kendall's remarks, McQuillen replied, "My response would be to only quote the Supreme Court Judge Hon. Emilio Colaiacovo in his decision – 'The Petitioners’ demonstrated pattern of prosecution against their neighbor is nothing short of harassment.' "

This is probably not the end of the story.

Previously:

Photos: Top and bottom photo made Jan. 17. The top photo is the driveway from Fillmore Street. The bottom photo is the driveway from Robbins Road. Both drives showed evidence of regular use at the time the photos were taken. "Skippy's Way" refers to a friend of Pete McQuillen's, he said.

mcquillendrivewayjan2019.jpg

mcquillenmap.jpg

Map of the area we created in 2013 to provide an overview of who owned what property. Fillmore Street now connects with Robbins Road. David Boyce is no longer a resident of Presidential Acres.

January 22, 2019 - 8:09am
posted by Howard B. Owens in accident, news, Le Roy.

A motor-vehicle accident with injuries is reported at Route 19 and Griswold Road, Le Roy.

Le Roy fire and Le Roy ambulance dispatched. 

UPDATE 8:10 a.m.: One vehicle off the road. One blocking. 

UPDATE 8:29 a.m.: One engine can go back in service. One to remain on scene. 

UPDATE 8:54 a.m.: Road is reopened. Le Roy back in service.

January 18, 2019 - 3:39pm
posted by Billie Owens in crime, news, notify, Le Roy, batavia.

Brady Christopher Lund (photo above), 21, of Lake View Park, Rochester, is charged with: criminal sex act in the first degree; first-degree sex abuse; and endangering the welfare of a child. Lund was arrested on Jan. 17 and arraigned in Batavia Town Court at 4:20 p.m. He is accused of having oral sexual contact with a male victim less than 11 years old. The alleged incident occurred at 2 p.m. on Dec. 1 on Pearl Street Road in Batavia. The case was investigated by Genesee County Sheriff's Investigator/Youth Officer Timothy Westcott, assisted by Investigator Howard Carlson.

Carla L. Catalano, 46, of 9 Mill St., Apt. 1, Le Roy, was arrested Jan. 14 and charged with criminal possession of stolen property in the fourth degree, a Class E felony, and fifth-degree conspiracy, a Class A misdemeanor. It is alleged that between September and this month that Catalano intentionally agreed with one or more persons to engage in or cause criminal possession of stolen property. Further it is alleged that Catalano knowingly possessed stolen property consisting of one pump shotgun (color black), belonging to the victim, and that she refused to return the gun to the victim when the victim asked/then demanded she do so. Catalano was arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Chazmar T. Walters, 26, of 12 Myrtle St., Le Roy, was arrested Jan. 15 and charged with these misdemeanors: aggravated unlicensed operation in the second degree -- driving while license suspended; and resisting arrest. It is alleged that Walters was seen by a Le Roy patrol driving on Myrtle Street in the Village while his license was suspended 20 times. Upon approach of the Le Roy patrol, it is alleged that Walters resisted arrest by refusing to exit the vehicle after being ordered multiple times to do so, then he had to be physically removed from the vehicle. It is further alleged that Walters continued to be obstructive during the officers' attempts to walk him into the court for arraignment and further charge(s) are pending. Walters was arraigned in Le Roy Town Court and put in Genesee County Jail in lieu of $5,000 cash or $10,000 bond.

January 16, 2019 - 1:09pm

A 17-year-old male who lives on Cherry Street in Batavia is charged with second-degree harassment. At 12:30 p.m. on Jan. 14, Batavia police investigated an incident at Batavia High School involving a student who allegedly had unwanted physical contact against a staff member. The youth was issued an appearance ticket for Batavia City Court and is due there Jan. 22. The case was handled by Batavia Police Officer Jason Davis, assisted by Sgt. Dan Coffey.

Shadow Star Jonathan, 24, of Meadville Road, Tonawanda Indian Reservation, is charged with second-degree assault. He was arrested at 6:45 p.m. on Jan. 10 for allegedly assaulting another person at 1:30 a.m. on Oct. 14 on Sandhill Road, Alabama. He was arraigned in Alabama Town Court and jailed in lieu of $10,000 bail. He is to return to Alabama Town Court on Feb. 7. The case was handled by Genesee County Sheriff's Deputy James Diehl, assisted by Deputy Richard Schildwaster.

James Arthur Daggar, 64, of Batavia Elba Townline Road, is charged with: DWI; aggravated unlicensed operation in the first degree; operating without a driver's license; refusal to take a breath test; and failure to yield the right of way at a stop sign. At 4:02 p.m. on Jan. 15, Daggar was arrested following a motor-vehicle accident investigation. The accident on Alleghany Road (Route 77) resulted in minor injuries and only Dagger was transported to UMMC, where he was treated. Traffic tickets were issued and the defendant is to appear in Alabama Town Court on Feb. 13. The case was handled by Genesee County Sheriff's Deputy James Stack.

Ronnie Joe Flinchum, 59, Mill Street, Le Roy, is charged with failure to appear. Flinchum was arrested at 11:39 a.m. on Jan. 14 on a bench warrant for failure to appear on a prior charge of third-degree assault. The defendant was arraigned in Batavia City Court and put in jail in lieu of $1,000 cash or bond. Flinchum is to reappear in city court on Jan. 17. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Marc Lawrence.

Mehmet Kahraman Dilek, 43, of Meadowbrook Drive, Rochester, was arrested on Jan. 15 on a warrant out of Batavia City Court for failure to appear. Dilek was arraigned at 7:30 p.m. at jailed with inspecified bail. The defendant is due back in city court this afternoon (Jan. 16). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Felicia DeGroot.

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