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Arrest made in knifing on East Main Street, Batavia

By Howard B. Owens

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UPDATED at 9:47 p.m.

Batavia PD investigators took less than a day to identify a suspect in a knife attack on a person overnight on East Main Street.

Arrested this afternoon was JW Hardy III, 30, of 216 Liberty St., Batavia.

He is charged with assault in the first degree and gang assault, 1st.

He was jailed without bail.

The investigation is ongoing.

Under NYS Penal Code, the charge of gang assault does not mean that the person charged is a member of an organized, ongoing, criminal enterprise. It does mean that the police suspect was aided by two or more other people in perpetrating an attack that caused serious physical injury.

Chief Shawn Heubusch said that right now police believe there was at least more than one person involved.

As for any possible actual gang membership for Hardy, Heubusch said, "There is no reason to believe he is involved in any organized criminal enterprise."

The attack was reported at 1 a.m. in the area of 318 E. Main St., Batavia.

Upon arrival, officers located a male victim who had a severe laceration to his upper arm, lying on the ground.

The victim was transported by Mercy Flight to Strong Memorial Hospital. He reportedly had serious injuries.

Based on evidence and witness statements at the scene, police said earlier today that the victim had been beaten and slashed with a knife by at least one person.

Police reported at the time of the release that one person was being questioned in connection with the attack.

Anyone with information regarding this incident is asked to contact the Batavia Police Department Detective Bureau at (585) 345-6350 or the Confidential Tip Line at (585) 345-6370.

Sheriff's Office tracking down leads in assault on 73-year-old Bethany man

By Howard B. Owens

Investigators have leads to track down and a person of interest in a home invasion assault in Bethany three nights ago, according to Investigator Chris Parker, who is leading the case.

The 73-year-old victim is in stable condition at Strong Memorial Hospital after initially being transported to UMMC the night of the attack.

Parker said he has interviewed someone who is not a suspect at this time, but truly a person of interest.

The crime was reported just before 9 p.m., Saturday at a residence in the Bethany Center Road, Paradise Road area of Bethany.

The victim called 9-1-1.  He told deputies on scene that he was asleep and the intruder woke him. He said he had been hit with an unknown object, which caused facial wounds, and sprayed with an unknown substance.

Parker did not discuss what might have been used to hit the victim, but that all indications are, whatever the victim was sprayed with was likely nothing more than water. There is no evidence to indicate it was any other substance.

"I can allay any public fears that there is a person or persons out there coming into people's homes and assaulting them," Parker said. "That is not the case here. This was not a random act."

People with information that might be helpful to the case can call the Sheriff's Office at (585) 343-5000.

HP Hood chairman confident $200 million investment in Batavia will pay off for dairy company and community

By Howard B. Owens

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(Photo of HP Hood Chairman John A. Kaneb taken this afternoon at his company's new processing facility in Batavia's Genesee Valley Agri-Business Park.)

With existing plants at capacity and demand growing, HP Hood was looking for a facility the company could get up and running quickly for long-shelf-life dairy and nondairy products, said its Chairman John A. Kaneb today in an exclusive interview with The Batavian at the company's new processing facility in the Genesee Valley Agri-Business Park. 

The plant was built in 2012 for $206 million as a joint venture between PepsiCo and Theo Muller Group and became known as the Quaker Muller Dairy plant.

Now, it's the HP Hood plant, which Hood acquired June 30 from Dairy Farmers of America for $54 million.

Kaneb said Hood knows Upstate New York well -- with four existing plants -- and knew the area had a good supply of raw milk, so when the plant became available, Hood took a keen interest.

"This plant happens to be located fairly well for us -- not ideally -- but fairly well," Kaneb said.  "The availability of the plant, that overcame a lot of, let's say, whatever reluctance we would have because we have to do a lot of very expensive repurposing here. We're moving from a plant that was designed for mass production of lots of yogurt to two fluid products. So that there were some warts and such, but we're very happy to be here."

The staff at Genesee County Economic Development Center made the whole process easy, understood it needed to be expedited, and that added to Hood's interest in locating in Genesee County, Kaneb said.

"Your economic development people here are superb," Kaneb said. "I mean they really are good and they're knowledgeable and they're friendly to business. Hopefully, we will not disappoint them."

Scott Blake, senior vice president of operations for HP Hood, added that the GCEDC staff provided a wealth of information on the area, businesses, and people, which helped them get comfortable with the decision to open a plant here.

HP Hood has committed to creating 230 jobs at the plant. They will take on the original PILOT (Payment In Lieu of Taxes) agreement signed by Muller Quaker to receive $7 million in tax abatements over 10 years. The state is also providing a $2 million capital grant from the Upstate Revitalization Initiative.

If employment goals are met, Hood is also eligible for $5 million in performance-based Excelsior Jobs Program tax credits. 

The 170-year-old, Lynnfield, Mass.-based company is adding 100,000 square feet of refrigerated warehouse space to the plant, which is already 363,000 square feet. After the expansion, with retooling the plant, and the purchase price, Hood will have sunk nearly $200 million into the new facility by the time it goes into production in early 2019.

There has been a rumor recently that the Hood plant could eventually employ 500 people. That's too far down the road to think about, Kaneb said, and he doesn't want to promise that level of growth. He believes they will hit the 230 employee target, but in the first priority is hiring 140 people over the next 12 months.

"I think we're we're confident that it will be reached, but I don't want to get into when we get to 230 or 250 or whatever," Kaneb said. "As far as going beyond that, I hope so. I will tell you that the only other situation that's halfway comparable to this is a greenfield plant we built from the ground up in Winchester, Virginia. We built that in basically 2000 to 2001. Today, 17 years later, here it is employing about 600 people. This plant has the acreage and, et cetera, et cetera, to do something like that, but that took 17 years."

(For photos of the Winchester plant, click here.)

Kaneb is a former Navy man. He graduated from Harvard in 1956, before joining the Navy, with a bachelor's degree in Economics. He acquired a controlling interest in Gulf Oil, tripled its sales to $4.5 billion, and got out of the business in 2005.

The Kaneb family acquired HP Hood in 1985.

It was almost happenstance that the family got into the dairy business, Kaneb said. The only way to grow the oil business was through acquisition, and with growth opportunities limited, they were sitting on excess capital that needed to be put to work. Hood was a great brand and as a native New Englander, Kaneb grew up drinking HP Hood milk. So did his children. But the company had fallen on hard times.

"(Hood) was a company with a great reputation and a great name," Kaneb said. "It was in some difficulty. In fact, a lot of difficulty. As we looked at we thought it might benefit from management that was highly motivated and with energy, et cetera. We thought we could bring some money to the table. We said, 'you know this isn't the business we know but it doesn't look like a complex business. It looks like a basic blocking and tackling business.' "

Since the acquisition, HP Hood has grown to $2 billion in annual sales and has opened new facilities around the Northeast and around the country, such as Virginia, California and Minnesota.

Hood’s portfolio includes its own brands and licensed products. The familiar names include Crowley Foods, Simply Smart Milk, Heluva Good!, Lactaid, Baileys Coffee Creamers, Hershey's Milk and Milkshakes, and Blue Diamond Almond Breeze.

When the Kaneb family took over Hood, they replaced much of the management, though they also identified some bright young talent, such as Blake, Kaneb said. Since then, Hood's executive team has been stable.

"(Blake) is certainly one of those stars who could take on more responsibility," Kaneb said. "We found those who had the skills that have helped us build the company into what it is today," Kaneb said. "It's really common sense, frankly, having a true partnership with your employees. If you want to put a motto on it, how we as owners look at the business and the employees, is that 'You take care of us, we take care of you.' Very simple."

Kaneb said he thinks that approach has been good for the company and it's what potential employees can expect in Batavia.

"You take care of us, we take care of you," Kaneb repeated when asked about company culture. "I mean, do your job and do it well and then you'll find the company will appreciate it and take care of you. We prize low turnover and we have low turnover, I would say, very low turnover, at every level."

As for the kind of corporate citizen Hood will be in Batavia, Kaneb said getting involved in the community is something Hood will strive to do, but the first order of business is getting the plant into production.

"First of all, get our business set up," Kaneb said. "We need to get to the level of employees we need to get going. I would call that, from my Navy days, as the shakedown period. Then we can be open to being a reasonably active corporate citizen. I don't think it's a great idea for us to do anything but get ourselves comfortable here, with the employees we need, and get our production going and so on. That should be our sole activity for the foreseeable future."

Law and Order: Batavia man arrested two days in a row for incidents on Chase Park

By Howard B. Owens

Dalton C. Kelley, 19, of Chase Park, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Kelly allegedly damaged garage windows and pushed or threatened to harm other individuals during a disturbance on Chase Park at 6:55 p.m., Saturday. Kelley was also charged with harassment, 2nd, for allegedly striking a person at the same location at 4:42 p.m., Sunday.

Matthew D. Novak, 28, of Dellinger Avenue, Batavia, is charged with criminal contempt, 1st, criminal mischief, 3rd, and harassment, 2nd. Novak was arrested on a warrant stemming from an incident reported at 1:30 a.m., April 12. He was jailed on $2,500 bail.

Darazian W. Williams, 24, of West Main Street Road, Batavia, is charged with unlawful possession of marijuana. Williams was arrested following a traffic stop at 6:30 p.m. July 9 on Law Street, Batavia, by Officer Matthew Lutey.

Melvin C. Tolbert-McDonald, 21, of Seward Street, Rochester, is charged with assault, 3rd, and criminal obstruction of breathing or blood circulation. Tolbert-McDonald is accused of striking another person several times and choking that person during a disturbance reported at 6:31 p.m. Saturday at a location on Pearl Street, Batavia.

Bonnie L. Cortright, 30, of Clinton Street Road, Batavia, is charged with criminal trespass. Police responded at 11:15 p.m. to 122 Summit St., Batavia, for a report of people being inside a vacant home. Also charged were Sabrina Higgins, 22, and Thomas Preedom, 29. Preedom, a parolee, was jailed on $2,500 bail.

Casey J. Halsey, 37, of South Swan Street, Batavia, is charged with criminal trespass, 2nd, and criminal mischief, 4th. Police responded to a report of a disturbance on Redfield Parkway at 4:34 a.m., Saturday. Halsey allegedly refused to leave a residence. He was jailed on $7,500 bail.

Willie Frank Irvin II, 35, of Trumbull Parkway, Batavia, is charged with DWI, speeding in zone, and tailgating. Irvin was stopped at 2:37 a.m. Sunday on East Main Street, by Officer Arick Perkins.

Law and Order: Duo charged with drug possession after accident in Alexander

By Howard B. Owens

Chris Kaboingo, 28, of Mill Street, Le Roy, is charged with criminal possession of a controlled substance, 4th. Kaboingo was arrested following a property damage accident at 7:29 p.m. May 25 on Alexander Road, Alexander. He was allegedly found in possession of amphetamine pills. He was arraigned July 11 and released under supervision of Genesee Justice. Also charged was Darazian Willie Paul Williams, 24, of West Main Street, Batavia. Williams was also cited for alleged failure to keep right.

Alexander Albert Chandler, 25, of Lake Street, Le Roy, is charged with unlawful possession of marijuana and inadequate plate lamp. Chandler was stopped at 9:50 p.m. Friday on Main Road, Stafford, by Deputy Michael Lute.

Riley Kristine Davis, 20, of Gilbert Road, Bergen, is charged with petit larceny. Davis is accused of shoplifting from a business on Veterans Memorial Drive at 12:11 p.m. on July 10. Davis allegedly stole jewelry. 

Nasir Chalee Nathan, 21, of Goade Park, Batavia, is charged with unlawful possession of marijuana. Nathan was allegedly found in possession marijuana while in a parking lot off Veterans Memorial Drive, Batavia, at 12:43 p.m. on July 10 by Deputy Ryan DeLong.

Jessica Ann Shiltz, 33, Claybed Road, Filmore, is charged with DWI and refusal to take breath test. At 12:27 a.m., July 13, Deputy Ryan DeLong observed a vehicle stopped at the side of the road on Colby Road, Darien. Upon investigation, Shiltz was found to be allegedly driving drunk. She was jailed on $250 bail.

Jay'von D Spivey, 18, of Holland Avenue, Batavia, is charged with criminal possession of stolen property, 5th, and resisting arrest. Spivey is accused of stealing a bicycle. He allegedly pulled away and resisted when police attempted to place him in custody. He was jailed on $1,000 bail or $2,000 bond.

Gregory Seppe, 59, of South Swan Street, Batavia, is charged with petit larceny, burglary, 2nd, and conspiracy, 4th. Gregory Seppe was arrested with Brandon Seppe, 33, when the two men were allegedly found leaving the area of a reported burglary. Both were held without bail.

Olivia J. Paganin, 28, of Myrtle Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and motor vehicle with lights that do not meet standards. Paganin was stopped at 1:15 a.m., July 1, on East Main Street, Batavia, by Officer Matthew Wojtaszczyk.

Sheryl A. Jeffery, 58, of Summit Street, Batavia, is charged with harassment, 2nd. Jeffery allegedly struck a registered nurse while being treated at UMMC.

Oak Street resident accused of selling crack cocaine

By Howard B. Owens
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    Jason Giuliani

A 38-year-old Batavia man is being accused of selling crack cocaine to an agent of the Local Drug Task Force on three separate occasions.

Jason M. Giuliani, of Oak Street, was arrested at the Genesee County Jail, where he is being held on unrelated charged.

Giuliani is charged with three counts of criminal sale of a controlled substance and three counts of criminal possession of a controlled substance. The charges are Class B felonies.

Bail was set for Giuliani on these charges at $15,000 cash or $30,000 bond.

Home invasion assault reported in Bethany

By Howard B. Owens

A 73-year-old man in Bethany was asaulted tonight in his home by an intruder and is being transported to UMMC by ambulance for treatment of his injuries. 

The intruder awoke the man and struck him several times with an unknown object. He also sprayed him with an unknown substance. 

The suspect was not on scene when deputies arrived and law enforcement has no description at this time. 

The initial 9-1-1 call was just before 9 p.m.

Report of kids playing on tracks holds up train

By Howard B. Owens

A caller reported seeing kids playing on train tracks near Wortendyke Road, Batavia, including lying on the tracks while a train was coming. 

Deputies are dispatched. 

CSX is now holding a train to give deputies a chance to search the area. 

UPDATE 9:31 p.m.: A person in law enforcement informs dispatch about a graduation party in the area and kids from the party going up to the tracks.

Tonawanda water level appears to be receding

By Howard B. Owens

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The water level on the Tonawanda Creek, as measured by the station behind the Genesee County Courthouse, peaked at just under 10 feet at about 8 p.m. and started to recede by 9 p.m., according to measurements captured by the USGS.

A flood alert remains in effect until Saturday morning.

Driver charged with DWI following accident on Kenney Road, Le Roy

By Howard B. Owens

A 23-year-old Le Roy man was charged with DWI after a report last night that a car he was driving went off the roadway on Kenney Road, into a swamp and struck a tree.

Kodey Richard Mills, of Myrtle Street, is also charged with driving with a BAC of .08 or greater, moving from lane unsafely and driving without insurance.

The accident was reported at 10:02 p.m.

Mills was released on an appearance ticket.

The accident was investigated by Deputy James Stack.

Corrections officer who used job as a chance to help people retires after 24 years

By Howard B. Owens

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The path to a Sheriff's road patrol often passes through the Genesee County Jail for career-minded folks interested in law enforcement, and Darrell Klein thought that would be the path he would take when he signed on as a corrections officer 24-and-a-half years ago.

It didn't take him long, though, to figure out the jail was where he could do the most good.

"I liked the people," Klein said. "I liked the challenge, the feeling that I was doing something that mattered. People misunderstand what inmates are all about. They think they are bad people. They're not. There are a lot of good people here who made bad choices. It's nice to be able to help them when I can."

He said he will be look back at several memories where he feels he made a difference in people's lives. 

"Those are good feelings," he said.

Today was Klein's last day on the job.

"It's time to pass the torch to somebody else," he said.

Five arrests reported at Vans Warp Tour

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Vans Warped Tour Concert at Darien Lake Performing Arts Center on Thursday:

A 16-year-old, of Lake Avenue Lancaster, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Thomas A. Soares, 31, of Smoral Road, Camillus, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Zackery K. Johnston, 21, of Kingsley Road, Rochester, is charged with criminal trespass, 3rd, after allegedly entering the fenced in pit area of the venue without permission.

Brittany L. Dumsar, 24, of Anytrell Drive, Webster, is charged with criminal trespass, 3r,d and harassment, 2nd, after allegedly reentering the concert venue after being ejected and then spitting in a Live Nation employee's face.

Joseph N. McCarthy, 23 of North Road, Freedom, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Tonawanda close to nine-foot level

By Howard B. Owens

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At 9 a.m., the water level of the Tonawanda Creek, measured behind the courthouse, was 8.5 feet and rising, according to the National Weather Service.

Flood stage is 9 feet.

The creek is expected to crest at 9.4 feet this afternoon.

Impacted areas include Kibbe Park, Law Street and Walnut Street.  

Also, expect flooding in the rural areas of Alexander and the Alabama Swamps.

Tonawanda close to flood stage in areas of Law, Walnut and Kibbe Park

By Howard B. Owens

The City of Batavia is warning of flooding along the Tonawanda Creek in the areas of Law Street, Walnut Street and Kibbe Park.

The Tonawanda is expected to crest at 9.7 feet, which is above flood stage levels.

Residents in the affected areas are asked to keep vigilant and take precautions to minimize property loss.

State Street resident convicted of menacing a police officer sentenced to three years in prison

By Howard B. Owens

Sometimes good people do bad things, Judge Micheal Mohun told Bill Thomas before sentencing him to three years in state prison for menacing a police officer.

With the nearly 14 months already served in county jail, and time off for good time, Thomas should be back home with his family in a little over a year.

Family is a big part of the Thomas story, something Mohun noted during his sentencing remarks.

"You're a lucky fella," Mohun said. "Every time you've come to court, your family has been here. Your family has been very supportive. I see you are one of 10 kids, the second youngest. Your mother died in May while you were in jail. I'm sure that was very hard on you.  It gives me great encouragement that your family is with you and has backed you throughout your court appearances and your trial and now they're here with you today. That is a real testament to the Thomas family.

Then he added, "you're also lucky to be alive."

On the morning of March 16, 2016, Officer Pete Flanigan responded to a home on State Street to investigate a report of a disturbance. Bill's brother Rand answered the door and Flanigan saw Thomas, he testified at trial, with a knife in his hand. He said Thomas came at him with the knife and he thought he would have to shoot Thomas, but Rand, in trying to flee the residence, got in between the officer and his brother.

At a trial last month, Thomas was convicted of criminal possession of a weapon and menacing a police officer.

The mandatory minimum sentence for menacing a police officer is two years in prison, with a maximum of eight. 

Mohun also sentenced Thomas to one to three years on the weapons conviction, to run concurrently to the menacing charge. Thomas will also have a year and a half parole to serve when he's released.

Thomas has a prior criminal record, but nothing in the past 20 years and never had a prior arrest for any kind of violence.

He had been living with his mother, caring for her, prior to his arrest.

While Thomas, 57, was represented at the jury trial by the Public Defender's Office, retained counsel Maurice Verillo appeared for the defendant today. He argued for a minimum amount of time in prison and asked that his client's time in prison be at a facility close to Batavia so his family could easily visit him.

Mohun said he has no control over where the Department of Corrections sends Thomas, but he did attach the request to his file, so it is with him when he is processed, and all of the letters of support from friends and family the court received.

District Attorney Lawrence Friedman, who usually has something to say when asked what his sentencing recommendations are by a judge, made no statement in court today.

About a dozen members of his family were in court. After Mohun adjourned the case, they all stood. Deputies allowed Thomas to turn and say goodbye to his family.  Family members told him they supported him and loved him.

Three people nabbed for alleged drug sales by task force

By Billie Owens
Jacklyn Ganzhorn
Johnnie Watson
Edward White

Three people have been arrested, all on Class B felony charges, following an investigation by the GC Local Drug Enforcement Task Force in the City of Batavia.

Jacklyn M. Ganzhorn, 30, of South Lyon Street, Batavia, is charged with two counts of criminal sale of a controlled substance in the third degree -- heroin/fentanyl; and two counts of criminal possession of a controlled substance in the third degree (same drug).

Ganzhorn was arrested Wednesday afternoon by Batavia Police while they were investigating an unrelated matter.

She was jailed on $20,000 cash bail or $40,000 bond.

Uniformed officers of the Batavia Police Department assisted Task Force members with the investigation.

Johnnie M. Watson, 34, of West Main Street, Batavia, is charged with three counts criminal sale of a controlled substance in the third degree -- "crack" cocaine; and three counts of criminal possession of a controlled substance in the third degree (same drug).

Watson was arrested Tuesday afternoon by Genesee County Sheriff's Deputies.

Watson is currently on parole.

He was jailed on $20,000 cash bail or $40,000 bond.

Uniformed officers of the Genesee County Sheriff's Office assisted Task Force members with the investigation.

Edward J. "Jordan" White, 21, of Michigan Street, Lockport, is charged with one count of criminal sale of a controlled substance in the third degree -- "crack" cocaine; and one count of criminal possession of a controlled substance in the third degree (same drug).

White was arrested Tuesday afternoon by Genesee County Sheriff's deputies.

White, who is also currently on parole, was jailed on $20,000 cash bail or $40,000 bond. 

Uniformed officers of the Genesee County Sheriff's Office assisted Task Force members with the investigation. The Task Force is comprised officers from the Genesee County Sheriff's Office, Batavia Police NET officers, and the Le Roy Village Police Department.

Photos: Creekside Inn is open

By Howard B. Owens

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It's been years of effort and expense for Bill Farmer, but nearly a decade after he acquired the Creekside Inn, after a fire destroyed most of the building, the tavern that is part of so many local memories, is once again welcoming customers.

The 200-year-old building has been completely refurbished from top to bottom and is gorgeous. Farmer has hired a top-notch staff and the Creekside is set to become a local favorite, but a regional dining destination.  

Tavern dining on the second floor and the patio bar are open. The third-floor fine dining won't open for a few weeks yet.

This weekend, during Oatka Fest, the Creekside is not accepting reservations. It is first-come, first-served.

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Streets starting to flood

By Howard B. Owens

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Flooding is reported on Cedar Street and on Route 20 in Alexander.

UPDATE 10:46 a.m.: All available manpower to Bethany Fire Hall for at least two cellar pump details.

UPDATE 10:53 a.m. (By Billie): Le Roy firefighters are called to their hall for cellar pump detail. Route 5 under the railroad overpass in Le Roy is flooded. Le Roy Village highway department is notified. Flooding is reaching the second lane of the roadway at Route 19 and Hilltop.

UPDATE 11:12 a.m.: Photo added. A city worker said the flood waters under the train overpass on Cedar Street was higher before I got there. Even in the time between taking this picture and walking back to my car, the waters completely drained away. However, because of the potential for more heavy rain and more flooding, city workers put up barriers just to encourage people to slow down. City crews will continue to monitor the situation. Flooding is reported in Le Roy at Wolcott and Munson.

UPDATE 11:25 a.m.: There's a report of Warner Road in Le Roy being washed out.

UPDATE 11:32 a.m.: A black SUV is stuck at the "Route 238 viaduct." Help is on the way.

UPDATE 11:36 a.m.: An occupied car is stuck on Attica Street under a bridge in Alexander. Alexander Fire Department is responding along with a deputy.

UPDATE 11:49 a.m.: The car on Attica Road is out of the water and its female driver safe.

UPDATE 12:18 p.m.: A power line is down, lying in standing water on Bartoff Road in Stafford.

Flash flood warning issued for Western New York

By Howard B. Owens

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A flash flood warning has been issued for Western New York and it will be in effect until 1:45 p.m.

 

At 9:46 a.m., Doppler Radar detected thunderstorms producing heavy rain across the region. 

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