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Man who shot up a passing vehicle pleads guilty

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LOCKPORT – Eric A. Easton, who according to a prosecutor reacted to his cancer diagnosis by getting drunk and randomly shooting at houses and a vehicle with a rifle, entered his third guilty plea Tuesday in Niagara County Court.

Easton, 29, of Ham Road, Basom, admitted to first-degree reckless endangerment and was scheduled for sentencing June 19 by County Judge Sara Sheldon Farkas, who promised to make her sentence run concurrently with whatever time is imposed in Genesee County.

Easton pleaded guilty to reckless endangerment there and in Erie County after going on a shooting spree in the towns of Alabama, Newstead and Royalton on the night of July 10. Deputy District Attorney Doreen M. Hoffmann said Easton fired 10 rounds into a truck in Royalton, but not injuring the driver. He also fired at houses in Alabama and Newstead, also without injuring anyone.

Hoffmann said Easton was relieved of his rifle by a man on the Tonawanda Indian Reservation, and Easton then confronted the next police officer he found with a complaint of gun theft.

Three men are charged in Lockport assault

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LOCKPORT – Three Lockport men, two of whom are brothers, were charged for their roles in a the gang assault of a woman just after 4 a.m. Sunday on Willow Street.

Brothers Sheldon W. Allen III, 20, and Shamir W. Allen, 17, both of Washburn Street; and Dorian Polk, 20, of High Street, were charged with third-degree assault.

A South Transit Street woman said she heard a woman screaming Sunday in the 100 block of Willow Street, and when she went outside to investigate a woman punched her in the face. She said the three men joined in the fight, punching her in the face and kicking her in the face and ribs.

The woman was treated at the scene for cuts and bruises on her face, according to police.

The three men were identified and charged. The woman suspect was identified, but had not been charged, according to police reports.

Man on a bicycle is a suspect in three robberies

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NIAGARA FALLS – Victims in three separate robberies told police that a man on a bicycle stole their cell phones Monday night.

A 15-year-old boy said that just before 7 p.m. in the 1500 block of Pine Avenue, a man on a mountain bike demanded his cell phone. The teenager said he refused, fighting with the suspect. The victim said the suspect displayed what appeared to be a semi-automatic pistol, then grabbed the cell phone and rode off.

A 21-year-old victim said he was approached just after 7 p.m. in the 2000 block of Pine Avenue by a man on a mountain bike who asked to use his cell phone. The victim said when he took out the phone the man punched him in the face and grabbed the phone. The victim said he grabbed the man’s hood and fought with him, but was punched a number of times and then let go of the hood.

Police also reported that a third similar robbery took place Monday evening, but they released no details.

It’s not Easter without kielbasa for many WNY families

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In the spring, a young man’s fancy lightly turns to thoughts of love. If he’s Polish, garlic, coarsely ground pork and marjoram may also be involved.

That’s because Easter is kielbasa time for some Western New York families, who celebrate that feast day and Christmas by making five to 50 pounds of fresh Polish sausage. In these homes, setting up the sausage machine is as much a part of holiday preparations as decorating a tree.

For guys like Ken Gawel, it wouldn’t be Easter dinner without kielbasa, made with his own hands, and packaged for gifts to relatives and friends.

“I enjoy it because it’s a family tradition,” said Gawel, who grew up in Cheektowaga. “It’s something I enjoy because I grew up with it. My father, my parents, we did this for the holidays, and it’s a tradition I want to keep going.”

That’s why so many people with some Polish in their background are breaking out the meat grinders and sausage stuffers this week. Their work will be celebrated Monday, Dyngus Day, at the Buffalo’s Best Kielbasa Contest, held at the Adam Mickiewicz Library & Dramatic Circle, 612 Fillmore Ave.

A panel of judges will choose the winners in commercial and homemade categories, and lookers-on can sample kielbasa, sauerkraut and rye bread, and vote for the people’s choice crown. It’ll be a real sausagefest, in the best possible way.

Last year, Alex Cockerill, who is not Polish in the least, took home honors in the amateur nontraditional class with his barbecued kielbasa. “In Texas they have kielbasa with garlic and marjoram, but they hang it above the brisket in their smokers and ribs, and they use barbecue sauce,” he said. “Why not a Texas-style open pit barbecue sausage?”

Cockerill, the West Side Rowing Club’s boatman , said that after five years of sausage-making, he entered the contest to see how his work compared, and maybe learn something. “I’m interested in what other people are doing on this,” he said. “There aren’t too many other sausage-makers out there whose brain I can pick.”

In Cheektowaga, Gawel said he hasn’t entered the contest yet. His prize is the satisfaction he gets from doing it, and the rewards of feeding family. “I just enjoy it,” he said, setting up his sausage-stuffing machine to fill another batch of casings. He bought the combination meat grinder and sausage stuffer about 10 years ago.

“You make this stuff, and you cook it. People’s satisfaction is so rewarding. It’s fun.”

What Gawel calls fun, others call work, which explains why many kielbasa fans, Polish or not, would rather buy theirs. For about $2 a pound, he can make his own, Gawel said. At $6 a pound for good commercial kielbasa, he saves about $120 per 30-pound holiday.

There is some lugging and fiddly bits to sausage-making, he allowed. You have to be meticulous about cleanliness and keeping the meat cold. None of it is hard labor, or nuclear physics. “The biggest thing is time,” Gawel said. “You need to have the time in your life to make this.”

He starts with pork shoulder, also known as pork butt; this batch was $1.29 a pound from Wegmans. He removes the blade bone and thick top layer of fat, and cuts the rest into hunks. They get pushed through his electric meat grinder, fitted with a coarse disc. He folds in the spices with well-scrubbed hands. Garlic, chopped fresh, never from a jar, about a bulb for each five pounds of meat. Dried marjoram and coarse ground pepper, iodized salt and a dash of sugar.

He filled two big bus tubs and stored it in his unheated garage, the “Cheektowaga walk-in.” Mixed occasionally and topped with ice to guarantee it stays cold, it marinates for two days.

When he was ready, he refitted the machine as a sausage stuffer, a meat pump if you will, with a nozzle at one end. Gawel carefully threaded a length of hog casing, pig intestine, onto the spout. You don’t want holes. He tied a knot on the end.

Then he scooped handfuls of meat into the hopper. One hand pressed the meat into the stuffer with a plunger, as the other guided the filled tube off the nozzle, and curled the sausage into fat coils.

“You have to make sure you have the right tension in the casing,” the sort of touch that comes with practice, he said. He adds ice water to the meat tub to keep it cold and slippery, so it fills the casing with minimal tearing. “This stuff is freezing right now,” said Gawel. “It’s perfect.”

Gawel’s got the moves down so he can make kielbasa solo, but that’s not how it works everywhere.

In Kenmore, at the Lachut house, Gary Lachut’s sons Sean and Scott man the crank on an antique four-quart cast-iron sausage pump.

“They liked to eat it so much they needed to start helping out as well,” said Lachut, a science teacher at North Tonawanda High School. “And it does take some muscle to turn the crank.”

The press was originally obtained by Gary’s father John, who remains the chief kielbasa consultant. “My dad has been the guiding light in this,” Gary Lachut said. “He got it from his dad, probably, and passed it to me, and now me likewise to my sons.”

That doesn’t mean there’s no room in the kielbasa life for innovation. Lachut hasn’t ground his own pork in forever, buying coarsely ground pork butts from Johnny’s Meats on Hertel Avenue. Then it’s just seasoning and stuffing.

Recently, Lachut made another discovery, courtesy of son Sean. After an entire lifetime of boiled-then-broiled Polish sausage, he tried some grilled.

“That just changed everything,” Lachut said. “That had something in between the smoky and that boiled-broiled taste. It took Sean stepping outside my little parochial box, expanding that a little bit, and it had wonderful results.”



email: agalarneau@buffnews.com

Catholic Charities at 80 percent of goal

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Catholic Charities of Buffalo on Tuesday announced that a total of $8.6 million has been raised so far in its 2013 drive, which runs through June 30. The total represents 80.2 percent of the $10.7 million goal.

The announcement by Bishop Richard J. Malone caps Appeal Week, when 600 volunteers gather donations in parishes across Western New York during the week leading up to Palm Sunday.

Funds raised for Appeal 2013 serve 130,000 people through 70 programs across 61 locations throughout the eight-county Buffalo Niagara region. For 89 years, Catholic Charities has helped people in the community of every faith and ethnicity.

“Efforts to share the mission of the Catholic Church and gain donors – particularly younger donors – to grow our corporate, parish and community divisions would not be possible without the steadfast commitment of our 600 volunteers,” said Stephen Ulrich, chairman of the appeal.

High court hesitant to hear ban on gay marriage in first such case

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WASHINGTON – Like many a nervous suitor thinking about popping the question, several Supreme Court justices Tuesday pondered making gay marriage the law of the land and said, each in his or her own way, “I’m just not ready.”

Hearing its first-ever gay-marriage case, on whether the Constitution allows California voters to ban such unions, the high court seemed to be seeking an escape hatch.

And while there was no majority consensus about what that escape hatch might be, at least three of the justices indicated that perhaps they had made a mistake in taking the case – a mistake they could correct by dropping the matter and letting stand an appeals-court ruling legalizing gay marriage in California but not in other states that have banned it.

“I just wonder if the case was properly granted,” said Justice Anthony M. Kennedy, who is often the swing vote on the nine-member court.

“Why did we grant cert?” asked Justice Antonin Scalia, using Supreme Court slang for granting certiorari, the legal term for taking a case. “We should let it percolate.”

Even one of the liberal justices, Sonia M. Sotomayor, appeared to agree. “If the issue is letting the states experiment and letting the society have more time to figure out its direction, why is taking a case now the answer?” Sotomayor asked.

Those comments came amid an impassioned 80-minute argument that centered on two key legal questions: Whether the Constitution’s guarantee of equal protection under the law gives gays the right to marry, and whether the gay-marriage opponents who brought the case even have standing to sue.

In response to the first question, Theodore B. Olson – the Republican lawyer who successfully argued another case before the Supreme Court that resulted in George W. Bush winning the presidency in 2000 – contended there is no doubt that California’s marriage ban treats gays as unequal citizens.

“It walls off gays and lesbians from marriage – the most important relation in life, according to this court, thus stigmatizing a class of Californians based upon their status and labeling their most cherished relationships as second-rate, different, unequal and not OK,” said Olson, who joined his Bush v. Gore opponent, Democrat David Boies, in arguing for gay marriage.

Attorney Charles J. Cooper argued on behalf of the supporters of Proposition 8, the 2008 California referendum that overturned state court decisions and banned gay marriage in the state. “The concern is that redefining marriage as a genderless institution will sever its abiding connection to its historic traditional procreative purposes and refocus the purpose of marriage and the definition of marriage away from the raising of children and to the emotional needs and desires of adults, of adult couples,” he said.

In response, several justices indicated the court should proceed with caution.

Justice Samuel A. Alito said gay marriage didn’t exist anywhere until the Netherlands approved it in 2000. “You want us to step in and render a decision based on an assessment of the effects of this institution, which is newer than cellphones or the Internet?” he asked.

Kennedy – the author of landmark decisions overturning state sodomy laws and a Colorado referendum that prevented localities from passing gay-rights legislation – noted that gay marriage is so new that it’s difficult to know what its impact on society will be: “We have five years of information to weigh against 2,000 years of history or more.”

Meanwhile, Chief Justice John G. Roberts Jr. said it’s wrong to view marriage as an institution that is deliberately exclusionary.

“When the institution of marriage developed historically, people didn’t get around and say let’s have this institution but let’s keep out homosexuals,” he said. “The institution developed to serve purposes that, by their nature, didn’t include homosexual couples.”

Those purposes included, first and foremost, supporting procreation, Cooper argued, opening up a discussion about gay parents and their children.

Scalia noted “considerable disagreement” among sociologists about the consequences children face when both their parents are of the same sex.

But Kennedy noted that California has long allowed gay adoption and that many of those adopted children strongly favor gay marriage. “There are some 40,000 children in California ... that live with same-sex parents, and they want their parents to have full recognition and full status,” he said. “The voice of those children is important in this case, don’t you think?”

Kennedy was not the only justice who appeared to be arguing both sides of the case.

Most notably, Sotomayor pondered if a federal right to gay marriage would open the door to a similar ruling legalizing polygamy, but she also asked Cooper if there was any rational basis for discriminating against homosexuals in any cases other than marriage.

When Cooper said no, Sotomayor asked: “If they’re a class that makes any other discrimination improper, irrational, then why aren’t we treating them as a class for this one thing?”

It’s quite possible that the court may not even have to answer such questions when it issues its opinion, likely in June.

While the justices could rule that there is a constitutional right to gay marriage, they also could drop the case or affirm the appellate court ruling, which is tailored narrowly to California.

Other options are upholding the California gay marriage-ban or ruling that the gay-marriage opponents who appealed the case, only after the state refused to do so, don’t have legal standing to sue.

The court dwelled at length on that last option.

“Have we ever granted standing to proponents of ballot initiatives?” asked Justice Ruth Bader Ginsburg.

“No, your honor, the court has not done that,” Cooper conceded.

To have standing to sue, the gay-marriage opponents have to prove that they have been harmed by the federal court decisions overturning California’s gay-marriage ban. Sotomayor, for one, couldn’t see the harm: “How does it create an injury to them separate from that of every other taxpayer to have laws enforced?”

The case. called Hollingsworth v. Perry, is the first of two gay-marriage cases before the court.

Today, the court will hear arguments in U.S. v. Windsor on whether the federal government’s 1996 Defense of Marriage Act, which defines marriage as being between a man and a woman and denies federal benefits to couples in state-sanctioned gay marriages, is unconstitutional. That case has special resonance in New York and the eight other states that, along with the District of Columbia, allow gay marriage.

But both cases have great resonance in the gay community, which sees marriage rights as the key to full equality.

The excitement that gays feel about the cases was palpable outside the Supreme Court, where hundreds voiced their support for gay-marriage rights.

The crowd included the Rev. Gene Robinson, the first openly gay bishop in the Episcopal Church. “Who would have ever thought we would live to see this?” Robinson, 65, said.

But nearby, a smaller contingent of gay-marriage opponents made their point clear.

Among them was Mike Krzywonos, 57, of Pawtucket, R.I., who wore a button that read “marriage 1 man + 1 woman.” He told the Associated Press that his group represents the “silent majority.”

Polls, however, show a rapid swing toward support for gay marriage – a fact that may or may not influence the justices.

After the argument, Cooper, the lawyer for the gay-marriage opponents, voiced confidence: “We thought the hearing went very well.”

But Olson, one of the nation’s top Supreme Court litigators, echoed the thoughts of many veteran court-watchers.

“Based upon the questions, I have no idea” what the justices will do, he said.



email: jzremski@buffnews.com

State budget increases school aid by $1 billion

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All but one school district in Erie and Niagara counties will see an increase in state aid next year as the state budget increases aid by nearly $1 billion.

The State Senate finished passing budget bills early this morning, and the Assembly is due back in session Thursday to complete passing the state budget.

The agreement between Gov. Andrew M. Cuomo and state legislators allocates $21.2 billion to the state’s schools.

“The largest growth portion of our budget was in education,” said Assemblyman Sean Ryan, D-Buffalo, adding that the budget will increase aid to schools by $936 million.

As always, the amounts vary from district to district, depending on formulas and reimbursement funds, which depend on how much districts spent the previous year.

Buffalo’s aid is up 3 percent.

Sloan is one district that will get a substantial boost, 11.36 percent, much of that from an extra pot of money for districts with low wealth and high property taxes. Iroquois will see an 8.68 percent increase, Cheektowaga will go up 7.66 percent, and North Collins will get 8.43 percent more. The aid figures do not include building aid.

Niagara Falls city schools will get a 4.01 percent boost, Royalton-Hartland will go up 7.1 percent, and Newfane will receive nearly 7 percent more.

The aid does not bring districts back to the high water mark of 2008, when state aid was at its highest.

“It will take a couple years to get back up to where they were,” Ryan said.

Only East Aurora will see a drop, of 2.27 percent, because the district will not receive money it got this year for instituting full-day kindergarten.

One district in the region getting special attention is Hamburg Central, one of four districts in the state penalized because teachers and administrators could not agree on a teacher-evaluation plan. Hamburg lost about $450,000 in aid already promised the district.

The agreement restores much, though not all, of the funding lost over the teacher-evaluation plan, Ryan said. It also directs future aid formulas to be based on the total aid without reductions, so future aid will not be diminished.

“Next year’s base will be calculated as if they received the $450,000. Otherwise, they would have been behind forever,” Ryan said.

Legislators and the governor also agreed that future teacher-evaluation plans will stay in effect until new ones are approved, so funding will not be jeopardized for districts in the future.

“We made an effort to give back,” Ryan said. “We don’t want the child of that district suffering because the adults couldn’t come to an agreement.”

Sen. Tim Kennedy, D-Buffalo, said the increase in state aid will help ensure students are well-educated and prepared for the jobs of the 21st century.

“Every student in New York State deserves access to a high-quality education, and this multimillion-dollar increase to schools in western New York will do just that,” he said.

Most school districts around the state are finalizing their budgets, which will be presented to voters in suburban districts May 21. Having a firm state aid figure, however large or small, is crucial in figuring out how much money to raise in taxes.

Much of the aid is driven by formulas, and aid for BOCES, transportation and special education is a reimbursement. The more a district spent the previous year, the more it will receive for those categories.

Despite the overall increase, school administrators are worried about long-term trends in expenses and funding for education.

A survey last year by the New York State Council of School Superintendents revealed half of New York State’s school superintendents think their districts will run out of money within four years, and 70 percent believe they will not be able to fund required programs within the same period.



email: bobrien@buffnews.com

Town of Niagara acts on expansion

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TOWN OF NIAGARA – The Town Board agreed Tuesday to take lead agency status in the state environmental quality review process for the proposed expansion of the Fashion Outlet of Niagara Falls.

Supervisor Steve Richards said the approval gives the board the authority to gather information regarding the expansion from other agencies, neighboring businesses and property owners near the Military Road shopping mall. Traffic, noise, air pollution and drainage are some of the topics the board is interested in discussing with the other parties, he said.

Preliminary plans for the $71 million expansion, which are now being reviewed by the town Planning Board, include an additional 230,000 square feet, 175,000 of which would encompass retail space for about 50 stores. The mall’s owners have asked the town’s Industrial Development Agency for a 15-year tax break.

Deputy Supervisor Danny Sklarski said the lead agency status is logical as the town is the largest stakeholder involved in the project.

In another move, the board approved a background check policy for all full-, part-time and volunteer town positions working with children.

The policy, which has been in the works since February, requires all applicants for positions with the town youth and recreation programs to consent to a review of criminal backgrounds and receive clearances through the State Sex Offender Registry and the State Central Register of Child Abuse and Maltreatment.

Richards said he wanted the policy in place as the Town of Amherst was cited this year by the State Comptroller’s Office for not establishing such a policy.

However, Town Attorney Michael Risman told the board that while towns are not subject to the requirement, it is a good idea to have the concept in place for anyone who works with children.

Richards and Sklarski said the policy is a necessary protection.

Sklarski said the public would “know that each individual hired with your tax dollars has been cleared in all aspects.”

Niagara Falls business owner shot by two posing as deliverymen

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NIAGARA FALLS – The owner and president of Integrated Controls told police he opened the door to the office of his Hyde Park Boulevard business to someone claiming to be a pizza deliveryman Tuesday morning and was shot.

Integrated Controls President Sandro Viola, 56, of Niagara Falls, was shot once in the upper chest, in the shoulder area, at about 1:30 a.m. just outside his office at 2323 Hyde Park Boulevard.

Niagara Falls Detective Lt. Michael Trane said Viola was able to call for help on his own.

Viola was taken to Erie County Medical Center, Buffalo, for his injuries, where he was treated and released Tuesday afternoon.

“[Viola] said he was in his office, and a man came to the office and knocked on the door. The man said something about delivering a pizza,” investigators said.

Viola told police that two men were at the door and that one of them shot him, said Trane.

“He said he didn’t order a pizza, and they shot him,” police said.

The men fled. Few details were provided about them, but police asked that anyone with information contact city detectives at 286-4553.

Integrated Controls’ offices were last in the news when they were ransacked by burglars in 2006, but nothing valuable was reported stolen.

The motive for the shooting still is under investigation.

Integrated Controls is an aftermarket distributor of car parts and accessories, which includes engine management components for automobiles and high-performance, marine, agriculture, industrial and heavy-equipment markets.

In addition to his city business, Viola is known for his work in recreational tennis circles, where he served as Les Nassoiy League president, as well as for his efforts to increase membership in the Hyde Park co-ed recreational league.

Both of his daughters, Francesca and Danielle, have been members of the tennis league.



email: nfischer@buffnews.com

NT highway chief gets OK for new way to level sidewalks

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NORTH TONAWANDA – Public Works Superintendent Bradley Rowles has helped to develop a cheaper, faster solution for fixing crooked “trip-hazard” sidewalks that he will begin applying as weather warms in the next couple of months.

With $60,000 from his equipment budget, Rowles will soon buy machines that his crews will use to drill small holes in crooked concrete slabs, pump sand and cement down through a pipe and lift the sidewalk block so that it is level again.

Rowles won informal support for the project from the Common Council at a workshop session Tuesday evening. Rowles, who took the North Tonawanda position two years ago, used a similar approach when he served as highway superintendent in the Town of Tonawanda. There, a local company, A-1 Concrete Leveling, did the work that North Tonawanda workers will soon take on.

“This is something fairly new to the industry, and it’s going to be a real asset to the city,” he said. “I believe we’re the first ones to do this on a municipal level.”

Every year shifts in sidewalks – due to tree roots growing and sewer and water lines leaking – have the potential to cause someone to trip, so the Public Works Department takes care to do repairs each season.

Leveling with concrete and sand costs about $5 per slab, while the more conventional approach of fixing crooked sidewalks with a new slab costs about $100 per concrete block, Rowles said.

Rowles tested the leveling approach on some Webster Street sidewalk blocks two months ago as a demonstration for city officials. Now that he has their support, he will buy the equipment and ingredients, which include a drill and a machine to mix and pump the grout underground.

Usually, the city’s annual $75,000 sidewalk budget is enough to repair about 750 pieces of sidewalk, said Rowles. This summer, with the cheaper leveling system, he expects to straighten 1,400 pieces.

“It’ll pay for itself in one year,” he said.



email: mkearns@buffnews.com

Sex offender awaiting sentencing is charged again

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LOCKPORT – A Niagara Falls sex offender, awaiting sentencing on three felonies, was arraigned Monday in Niagara County Court on a new indictment accusing him of a series of sex acts with an underage girl last year in the Falls.

Derrick J. Houser, 26, formerly of Cedar Avenue, is charged with second-degree criminal sexual act, two counts of third-degree criminal sexual act and single counts of third-degree rape and endangering the welfare of a child.

Assistant District Attorney Robert A. Zucco said the victim was 14 when the alleged crimes began in March 2012 and had turned 15 by the time of the last of four alleged incidents in early May.

Houser, a Level 1 sex offender, pleaded guilty March 8 to two counts of failure to register. He moved to Detroit last June without telling police and also failed to disclose his Facebook account. Those violations constituted a violation of the terms of his probation for his original offense of attempted first-degree sexual abuse in 2009, authorities said. He is scheduled for sentencing May 10 on those felonies.

Physicians group announces new leadership

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The Optimum Physician Alliance has announced new leadership of the physicians group.

Dr. Thomas Rosenthal will serve as chief medical executive, and Dr. John J. Bodkin II, a family physician at Highgate Medical Group, will serve as chairman of the Physician Leadership Board, the physicians that provide oversight to Optimum.

Rosenthal, a family physician, is stepping down as chairman of family medicine at the University at Buffalo. He also is a founding director of the New York State Area Health Education Center.

BlueCross BlueShield of Western New York, Kaleida Health and a group of physicians last year announced a plan to partner on a new, more affordable health insurance option called Align marketed to self-insured employers. Optimum is the organization that will represent the 500 physicians in the new “tailored network.”

“OPA’s goal is to deliver clinically integrated, lower-cost, higher-value health care for Western New Yorkers, and I am confident in our ability to accomplish this,” Rosenthal said in a statement.

Ex-trooper gets probation for role in parties with prostitutes

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Titus Z. Taggart, an 18-year veteran of the State Police who was fired last summer after an internal investigation into allegations he was involved with off-duty parties with prostitutes, was sentenced in Erie County Court Wednesday to three years’ probation.

Judge Kenneth F. Case also ordered Taggart to perform 300 hours of community service.

Taggart, 42, of Buffalo, had faced up to a year in jail and a $1,000 fine after admitting to a misdemeanor count of promoting prostitution.

Case rebuked Taggart for dishonoring the State Police uniform but decided against jailing him, given the financial losses the ex-trooper has suffered with the loss of his job. The judge also cited many letters he has received on Taggart’s behalf. A State Police investigation revealed that Taggart organized, advertised and supervised exotic dance parties involving dancers and prostitutes.

The Erie County District Attorney’s Office agreed to the plea because Taggart’s police career is over, and he has suffered severe financial consequences as a result of his firing, prosecutor Paul E. Bonanno said in December when Taggart pleaded guilty.

Taggart, a resident of the Bailey-Kensington neighborhood, apologized to his family, friends and the State Police at the sentencing. He also thanked his church community, Mount Zion Church of God Holiness, for its support.

“He spoke from the heart,” said his lawyer, Michael G. O’Rourke.

Currently unemployed, Taggart is suffering from a medical condition that evolved from a kidney transplant 14 years ago, according to O’Rourke.

“He is on a number of medications, and it makes for a difficult situation,” the attorney said.

He is the son of Arthur L. Taggart, a well-respected colonel in the State Police who is now retired.

The older Taggart and his wife were present in court for the sentencing.

“His father was absolutely supportive and 100 percent behind Titus throughout this whole ordeal,” O’Rourke said.

Taggart hopes to work with young people in the Buffalo community to fulfill the community service portion of his sentence.

“His hope is that they could benefit in a positive way from all his life experiences,” O’Rourke said. The attorney pointed out that, except for what undid his client’s career, he was never in any type of trouble.

“For 18 years, he had an unblemished record. After the kidney transplant, he could have gone out on a medical retirement but fought his way back, and really it was a courageous rehabilitation to get back on the job,” O’Rourke said.

The attorney said he was unable to offer any explanation why Taggart engaged in the deeds that ended his law enforcement career.

O’Rourke said: “It was so out of character.”



email: lmichel@buffnews.com

Falls man draws five years in prison for double stabbing

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LOCKPORT – Derrick L. Hall, who stabbed two men in the abdomen in a confrontation over alleged vehicle break-ins in Niagara Falls, was sentenced Wednesday by Niagara County Judge Sara Sheldon Farkas to five years in prison and three years of post-release supervision.

Hall, 44, of Welch Avenue, was charged with the Aug. 28, 2011, knifings of two men who accused him of breaking into cars on that street. Hall never was charged with the break-ins. He pleaded guilty to two counts of second-degree assault.

“He chose the incorrect way to defend himself when confronted by the vigilantes,” defense attorney Samuel Davis said.

Farkas noted that Hall went into a friend’s house and came back with a weapon after being accused by four men, two of whom were cut in the ensuing fracas.

Defiant burglary suspect takes plea deal

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LOCKPORT – A Niagara Falls man who told police he would beat a burglary charge pleaded guilty to two misdemeanor charges Tuesday in Niagara County Court, as a felony charge was dismissed.

Marc Madore, 40, of 24th Street, is to be sentenced May 14 by Niagara County Judge Sara Sheldon Farkas for second-degree criminal trespass and petit larceny.

The latter charge stemmed from shoplifting a beer at a 7-Eleven store on Pine Avenue in the Falls Aug. 7, which is when police also charged him with a July 22 break-in at a Buffalo Avenue residence. When he was arrested, Madore reportedly told police that not only would he beat the charges, he would “take this city down like the Twin Towers.”

Probation violation charged against driver in DWI fatal

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LOCKPORT – A Tuscarora Indian Reservation woman, who received a probation sentence after pleading guilty to crashing her car and killing her cousin, was jailed without bail Wednesday after being charged with violating the terms of probation.

Elexis K. Printup, 26, of Mount Hope Road, could be sent to state prison for as long as four years if she is found guilty of the violations in a hearing State Supreme Court Justice Richard C. Kloch Sr. scheduled for April 10.

On May 19, 2007, Printup’s speeding car went off Upper Mountain Road on the reservation and struck a tree. Her passenger, Cyril R. Printup III, 24, was killed. Elexis Printup pleaded guilty to criminally negligent homicide and driving while intoxicated.

Printup, whose five-year probation expired Monday, was charged in February with failing to report to her probation officer, being kicked out of a substance abuse treatment program and failing to perform 250 hours of community service, as Kloch ordered in 2008.

A probation officer complained that Printup was “eluding” him in several attempts to serve her with the violation before she was apprehended Tuesday.

Man sentenced to probation in Falls drug case

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LOCKPORT – Five years’ probation was the sentence from Niagara County Judge Sara Sheldon Farkas Wednesday for a Niagara Falls man who pleaded guilty to having nearly half an ounce of cocaine when police pulled his car over April 11 on West Avenue in Lockport.

Cordaro T. Walker, 21, of Hyde Park Boulevard, had pleaded guilty to fourth-degree criminal possession of a controlled substance. He had to forfeit $50 police took from him at the time of the arrest.

Cambria woman takes plea deal in drugstore burglaries

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LOCKPORT – A Cambria woman will be sentenced to either one year in Niagara County Jail or five years’ probation after accepting a plea bargain Wednesday in connection with two 2011 drugstore break-ins.

County Judge Sara Sheldon Farkas set sentencing May 22 for Katherine E. Billingsley, 22, of Lower Mountain Road, who admitted to third-degree burglary.

Assistant District Attorney Joseph A. Scalzo said Billingsley drove burglar Alexander J. Shelbayeh, 23, of Wilson, to the crime scenes but never entered the stores herself.

Billingsley agreed to pay $2,500 restitution to the former owner of Peterson Drug Co. in Newfane, which was burglarized May 18, 2011. The other burglary occurred Feb. 9, 2011, at Wilson Community Pharmacy. Shelbayeh is on parole after serving nine months in state prison.

The plea satisfied an indictment that also accused Billingsley of taking part in the forgery of checks stolen from a Cambria man in September 2012. Co-defendant Shane M. Phillips, 25, of Baer Road, Cambria, is awaiting sentencing in that case.

Mongielo continues to deny court’s authority in sign case

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LOCKPORT – David J. Mongielo, the auto shop repair owner fighting the Town of Lockport’s law against video signs, continued to deny Wednesday that Town Court has any power over him, but the legal train kept rolling toward a new trial on his sign violation charge.

The town has a law barring signs that change “format” more than once every 10 seconds. Mongielo, who called the law “ridiculous,” was convicted of violating it with his LED signboard on Robinson Road in 2010 and again in 2011. The second violation came while the one-year conditional discharge from his first conviction was still in effect.

Town Justice Raymond E. Schilling denied Mongielo’s motion to dismiss the charges, and he scheduled two hearings for April 24.

The first hearing will be on Town Prosecutor Bradley D. Marble’s request to introduce evidence of Mongielo’s first sign ordinance conviction in the new trial on the second alleged violation. The second hearing will be on the accusation that the second offense constituted a violation of the conditional discharge Mongielo was given after his first conviction.

“This is a conspiracy to put me in jail,” said Mongielo, who faces up to 15 days behind bars for each offense.

He was convicted twice by Schilling in nonjury trials, but Niagara County Judge Matthew J. Murphy III last fall overturned the second conviction and the conditional discharge violation. Among other things, Murphy said Mongielo was entitled to a jury trial because he risks jail time.

“The court still, to this date, hasn’t proved its jurisdiction,” said Mongielo, who no longer has an attorney. “I’m here as a special appearance because I’m being forced to be here.”

In a six-page ruling denying the motion to throw out the charges, Schilling wrote, “This court will not joust with Mongielo as to whether it has been created correctly.”

He also wrote, “The Town Board has the authority to create local ordinances to govern the citizens of the Town of Lockport.”

“I am not a citizen. I am one of the people. Therefore, that decision does not apply,” Mongielo told Schilling. “You and Marble are conspiring to put me through an unlawful court.”

Mongielo’s retrial on the second offense has not been scheduled, but Marble said he wanted to have the conditional discharge violation handled separately.

“It’ll be shorter. We don’t have to empanel a jury,” he explained.

Marble announced that he intends to call Zoning Board of Appeals Chairman Donald J. Jablonski as a witness at the conditional discharge hearing. Jablonski took video pictures of Mongielo’s changing sign.

Mongielo has refused at all court appearances to sign a waiver of his right to counsel. “Signing that document entraps me into the jurisdiction of this court,” he explained. “Under constitutional law, this document doesn’t exist.”



email: tprohaska@buffnews.com

Lockport plans school tax increase, sets policy on renaming schools

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LOCKPORT – The property tax levy in the Lockport City School District may rise 2.75 percent under terms of a budget to be voted on at the April 10 Board of Education meeting.

Wednesday, the board, after reviewing a planned school aid increase from Albany, appeared to reach a consensus in favor of using less than half of that increase in the upcoming budget, while banking the rest for future years.

If approved at the next meeting, the plan would apply $440,000 of the $950,000 state aid increase announced Tuesday toward the 2013-14 budget.

The other $510,000 would be placed in reserve funds, although Trustee David M. Nemi, chairman of the Audit Committee, said it hasn’t been determined exactly which ones.

“It becomes a balancing act,” Nemi said. “That way, we’re kind of stabilizing the district for future levies, instead of having big swings – 2 percent one year, 8 percent the next.”

The move would set the tax levy increase at 2.75 percent, down from the 4.47 percent figure the board was anticipating before the news from Albany.

The district’s “real” tax cap is 5.04 percent, which is the state’s 2 percent limit when adjusted for allowable exceptions, said Deborah Coder, assistant superintendent for finance and management services.

“I think saving the money and going with the 2.75 percent [increase] is the right thing to do,” Board President John A. Linderman said.

“Coder said the actual amount that would have to be cut in case of a contingency budget would be $510,371. “If the budget goes down [at the polls], you cannot raise the levy by even one dollar,” she said.

In other matters, the board created a process to handle proposals to rename schools.

The policy sets up a special committee to consider such requests and make a recommendation to the Board of Education, which would have to muster a two-thirds vote to change a school’s name.

Several prominent citizens are requesting that North Park Junior High School be renamed in honor of Aaron A. Mossell, Lockport’s most successful African-American businessman of the 19th century.

From 1871 to 1876, Mossell lobbied the board, with eventual success, to close Lockport’s separate school for black children and admit them to the regular schools, 78 years before desegregation was ordered nationwide by the U.S. Supreme Court.

Superintendent Michelle T. Bradley said the committee will include Trustee Jon A. Williams and North Park Principal James Snyder, a teacher, a student and a community member.

The panel’s research and recommendation should be complete in about six months, Bradley said.



email: tprohaska@buffnews.com
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