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Catholic Charities' annual appeal ends

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Parishioners across Western New York took special collections, hosted basket raffles, bowl-a-thons and bake sales, and pulled out all the stops for the 90th annual Appeal Week, a concentrated push for donations to the Buffalo Diocese’s Catholic Charities that ended Sunday.

“The people of Western New York are amazingly generous. It’s unbelievable,” said Bishop Richard J. Malone of the Diocese of Buffalo. “Even the people who really have to stretch are willing to help because they believe in the cause.”

About 35 staff members and volunteers filled the Catholic Charities Montante Administrative Center on Sunday to collect and process what is expected to total about $1.2 million in donations amassed during the week.

Dorothy Meindl, of Cheektowaga, a member of St. Bernard Church in Buffalo, made a special trip Sunday, traveling with her church’s pastor and another volunteer to drop off the proceeds from the parish’s “Coins of love” drive.

“We do it to help those less-fortunate,” Meindl said. “I’m glad for what I have, and I know there are people who go without.”

The money raised through the appeal funds Catholic Charities’ 70 programs serving the counties of Western New York.

Catholic Charities programming provides basic human needs services – such as emergency food, shelter, clothing and medicine for those in need; counseling and support for individuals, families and children; addiction services; and government-contracted services such as domestic violence training for police officers and refugee resettlement services.

Even the government contracts often rely on matching funds or do not cover the entire cost of the programming provided, so outside help is necessary to fill crucial needs in the community, officials said.

For all the people Catholic Charities serves throughout Western New York – more than 138,000 last year – it still just “scratches the surface,” the bishop said.

“The need is great. The need is real, and people want to respond to that need,” Malone said.

“It’s what we want to do and what we have to do as followers of Christ.”

Catholic Charities begins soliciting donations in January and wraps up in June, with a total appeal goal of $10.8 million – which represents about a quarter of the charity’s total budget.

It had raised $8.3 million by early Sunday afternoon and expected to reached about $8.7 million by the end of the day.

“We do work with poor people that no one else will fund,” said Dennis C. Walczyk, CEO of Catholic Charities.

Though the majority of those served by Catholic Charities are not Catholic, more than 90 percent of the money it raises comes from Catholic people in Catholic churches, said Sister Mary McCarrick, diocesan director of Catholic Charities.

“The number of people in Catholic churches is shrinking,” she said. “To continue to provide the level of service we’re providing, we need to enlist the services of people outside the Catholic community.”

Donations are also being accepted online at CCWNY.org.

email: schristmann@buffnews.com

Honor Roll: Recognizing the accomplishments of Western New Yorkers

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J. Donald Griffin, 90, was presented the Department Commander’s Award of Excellence by New York State American Legion Commander Kenneth Governor during a dinner at Niagara Frontier Post 1041 in Buffalo. Griffin, a 70-year member of Kensington Post 708 in Cheektowaga, is a World War II veteran and former prisoner of war.

Governor recognized Griffin for his “dedication to our men and women in uniform, our veterans, their families and your community.”

He praised his leadership roles as past Erie County commander, former Eighth District American Legion baseball chairman, and, for some 50 years, as a delegate to state and national conventions.

Governor said Griffin promotes respect for the flag by giving talks at local schools on both the flag and the veterans who fought in World War II.

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Two-time Paralympics Sled Hockey Gold Medalist Adam Page has been named spokesman for 2014 by the InvisionHealth Foundation.

The Lancaster resident, who was born with spina bifida, a congenital spine disorder, began playing sled hockey at age 6. He has competed on the U.S. National Junior Sled Hockey Team, National Sled Hockey team, Buffalo Sabres Sled Hockey club team and won gold medals at both the Vancouver and Sochi Paralympic Games.

Page will be presenting motivational assemblies at local schools, be a special guest on the InvisionHealth Trolley in the Memorial Day parade in Williamsville and throw out the ceremonial first pitch at the InvisionHealth Foundation’s benefit Buffalo Bisons game June 20.

The InvisionHealth Foundation’s mission is to increase community awareness and fund research for the treatment of brain and spine disorders.

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Nicholas Sass, a junior at Canisius High School, was recently named a finalist for the Intel International Science and Engineering Fair, to be held in May in Los Angeles. He will join approximately 1,500 top young scientists from around the world at the prestigious competition.

Nick earned this honor as a result of the research he presented at the Ying Tri Region Science and Engineering Fair held in March in Syracuse.

His project involved comparing certain proteins in the ribosome and amino acid residues that make up those proteins across many different species and, based on similarities between the amino acids, identifying which species evolved from which. This method could lead to the discovery of new antibiotic drugs.

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Gregory Privitera, an associate professor of psychology at St. Bonaventure University, has received the 2014 Most Promising New Textbook Award for his college textbook “Research Methods for the Behavioral Sciences.” The honor is awarded by the Text and Academic Authors Association, a national, nonprofit membership association dedicated to assisting textbook and academic authors. The award recognizes excellence in first-year edition textbooks and learning material.

Privitera’s book shows how methods and statistics work together and enable the testing of hypotheses through use of the scientific method.

He will receive the award during the association’s 27th Annual Textbook and Academic Authoring Conference June 21 in Baltimore.

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A team of two seniors and two juniors in the University at Buffalo School of Management has won the annual On Target Undergraduate Club Case Competition, sponsored by Target Corp. The winners are Jacob Bluestein, Safia Dandia, Dan Maitles and Peter Preziosa, representing the Pi Sigma Epsilon student club.

The team and club will share a $3,000 prize, with each student receiving $250, and Pi Sigma Epsilon receiving $2,000.

Fourteen teams representing 56 UB School of Management students entered the competition this year. Titled “The War for Guests,” the case focused on how technology is changing the marketplace and what traditional retailers must do to compete against online merchants and startups. The competition aims to help undergraduate students hone their analytic, communication, presentation and teamwork skills beyond the classroom by investigating and issuing recommendations for real-world business challenges.

Teams were asked to develop a comprehensive analysis of Target’s competition and current purchasing trends and to identify Target’s strengths and weaknesses in merchandising, branding and other areas.

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Several military personnel have graduated from basic military training at Joint Base San Antonio-Lackland, San Antonio.

Air National Guard Airman 1st Class Charles A. Grosofsky is the son of Georgina and Lester Grosofsky of Williamsville. He is a 2012 graduate of Williamsville South High School.

Air Force Reserve Airman Michael J. Shul, the son of Michele Kmitch of Blasdell, is a 2012 graduate of Orchard Park High School.

Air Force Airman Daniel S. Olszewski is the son of Kathleen and Stephen Olszewski of Grand Island. He is a 2011 graduate of Grand Island Senior High School.

Air Force Reserve Airman Bryanna E. Palmercacio, the daughter of Margaret Cacio of Meriden, Conn., and Scott Palmer of Woodbury, Conn., is a 2012 graduate of Dunkirk High School.

Air National Guard Airman 1st Class Kyle C. Druzbik is the son of Chris and Maureen Druzbik of Orchard Park. He is a 2013 graduate of Orchard Park High School.

Airmen who complete basic training earn four credits toward an associate in applied science degree through the Community College of the Air Force.

email: citydesk@buffnews.com

Summer-like warmth today, snow and cold to follow

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Enjoy the warmth while it lasts.

Today’s temperatures will reach into the low 70s, but on Tuesday Western New Yorkers will wake up to snow.

“It will be quite a shock in the morning when they wake up,” said National Weather Service meteorologist Jim Mitchell.

The 40-degree temperature swing isn’t out of the ordinary for April, according to Mitchell.

Today’s temperatures are 20 degrees above normal, and Tuesday’s will be 20 below normal.

“Typical April-type pattern,” Mitchell said. “Go from nice and balmy and warm and summery to wintery.”

The swings are due to cold air to the north, and warm air to the south.

After a balmy day today, a strong cold front will come through tonight, with rain showers falling overnight, before it switches to snow, or perhaps sleet or freezing rain.

Snow will begin between 4 and 6 a.m. Tuesday, with temperatures around freezing, and then will drop to 20 degrees on Tuesday night and Wednesday morning, which will be close to record cold for Wednesday.

Snow will be heaviest in the morning and will taper off in the afternoon. Accumulations will be slight because the ground is warm, but the lower elevations could see one to two inches, and the higher elevations could see two to four inches.

email: jterreri@buffnews.com

Teenager faces up to 7 years in prison in stolen car chase

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A Grand Island teenager who led police on a high-speed chase on the Niagara Thruway in a stolen car and narrowly missed a state trooper putting down a spiked strip that eventually stopped him pleaded guilty Monday in Erie County Court.

Darnell Cleveland, 18, pleaded guilty to third-degree criminal possession of stolen property, second-degree reckless endangerment, reckless driving and speeding.

Prosecutors said he stole the car from a Niagara County resident, then went to Grand Island High School, where police eventually found him. But he took off in the car, hitting speeds of 90 mph as police pursued him on the Niagara Thruway from Grand Island to the Town of Tonawanda.

Prosecutors said he swerved at the trooper who was installing the spiked strip on the highway in the Town of Tonawanda, where police arrested him after the strip slowed him down.

He faces up to seven years in prison when he is sentenced June 16 by Judge Michael F. Pietruszka. He is being held on $50,000 bail.

Federal jury convicts Amherst man in drug trafficking case

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Jack Reid III, 46, of Amherst was convicted by a federal court jury today of trafficking in over five kilograms of cocaine following a brief trial before U.S. District Judge Richard J. Arcara. Trial prosecutors Thomas S. Duszkiewicz and John M. Alsup said Reid, arrested two years ago, faces a mandatory minimum sentence of 20 years and a possible life term. He also could be fined up to $20 million.

From 1990 until his arrest, Reid was using family members and friends as drug couriers to distribute multiple kilograms of cocaine for him that he obtained from sources in Rochester and Atlanta, prosecutors said. During the trial the jury learned that Reid had trafficked in over 70 kilograms of cocaine. The prosecutors said the Federal Government will also be seeking $1 million from Reid and two houses he owns in Williamsville and Amherst, as well as three properties he owns in Buffalo.

Lackawanna and Lockport police worked with the federal DEA on the case, the prosecutors said.

Neither Reid nor his attorneys could be reached to comment.

Public forum on child protective issues to be staged at downtown library

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A public forum on how to improve the state’s child protective service programs to prevent child abuse and neglect will be sponsored by State Sen. Tim Kennedy and Assemblywoman Crystal Peoples-Stokes at the Downtown Central Library auditorium beginning at 10 a.m. Saturday. The politicians who are pressing for stronger laws to protect children and families said the forum will allow families to hear about child protection issues and share details about how the government has affected them on such issues.

Hamburg chooses vendor for Woodlawn Beach

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The winning bidder for concessions at Woodlawn Beach State Park promised an affordable family atmosphere, live music four nights a week, partnerships with local Hamburg vendors and free Wi-Fi in his proposal.

Robert Bieber, who has been in the marine business for 30 years, and who operates Colombo’s on Lakeview Road, beat out 10 other proposals to run concessions at the beach.

The Hamburg Town Board on Monday selected him to run concessions for the next three years.

The annual licensing fee Bieber will pay to the town is $10,000 per season, plus 4 percent of the gross sales this year, 5 percent of gross sales next year and 6 percent of gross sales in 2016.

“I think it was the theme we were looking for,” said Councilman Michael Quinn Jr. “The menu fit the theme, a lot of different things just seemed to fit into the family atmosphere that we’re looking for.”

Bieber’s written proposal calls the concession “Toot’s Tiki Bar,” but Quinn and Supervisor Steven Walters said they did not know if Bieber would keep that name. The town and Bieber still must negotiate a contract and sign it. The beach opens for the season Memorial Day weekend.

Bieber will move into the area that was known as Woody’s Beach Bar and Taqueria for the last three years. Under the contract with Woody’s, the restaurant was to pay $4,800 and 2 percent of gross sales to the town this year.

Woody’s owner, Tucker Curtin, had asked a State Supreme Court justice last week to prevent the town from awarding a bid to a new vendor, because he maintained that he has a contract with the town and wanted to continue. Justice John A. Michalek ruled against Curtin, but he urged the two sides to come to an agreement on which equipment is Curtin’s and can be removed by him.

Curtin’s attorney, Mitchell M. Stenger, chided the board Monday for calling special meetings on short notice to discuss and award the new contract. He said Curtin would not hold up the town’s award of the bid, but he wants to remove his equipment, which he says is worth $100,000.

“We’re going to try and work out as much as we can to agree whose equipment belongs to whom,” Stenger said.

He said the two sides will meet later this week and Curtin will remove the equipment that he and the town agree belongs to him. If there are disagreements, they will go back to court and ask Michalek to help resolve the issues.

The winning bid listed a menu that includes calamari, shrimp, chicken fingers, crab cakes, chicken wings, oysters, mussels, grouper and tuna, as well as hamburgers and a children’s menu.

He would offer kayaks, canoes and paddle boards for rent, rental of beach umbrellas with service to each umbrella, and fire pits.

email: bobrien@buffnews.com

Maj. Miller released from hospital

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“Awesome.”

Maj. Patrick Miller, the Allegany native wounded in the shootings at Fort Hood, Texas, on April 2, went home Tuesday.

As might be expected, being home is “awesome,” he said.

Miller, 32, was released from the hospital Tuesday, two weeks after he was shot in the abdomen by an Iraq War veteran who shot 19 people, killing three, during an eight-minute rampage.

Miller’s parents, John and Carole Miller, of Allegany, accompanied their son and his wife, Ashley, to their Texas home.

The major said he is thankful for all the prayers and good wishes of Western New Yorkers who followed his recovery.

“I’ve kind of been off the grid,” Miller said of his time in the hospital but added that he is getting up to speed with social media.

He was unable to leave his hospital room to make the memorial service last week at Fort Hood attended by President Obama but received the word Tuesday he was being discharged.

“I’m feeling better, feeling better every day, getting stronger,” he said.

The St. Bonaventure University graduate underwent several surgeries and was in the intensive care unit after the shooting.

“You get cabin fever after awhile,” he said.

He said returning home is a “big step” to recovery.

Miller graduated from St. Bonaventure in 2003 with a degree in physical education and later earned a master’s degree in business administration and public administration from Syracuse University.

A veteran of two tours of duty in the Iraq War, Miller rushed to save others as gunfire erupted at Fort Hood.

Stars and Stripes, the U.S. Army newspaper, reported that Rep. John R. Carter, whose district includes the giant Army base, credited Miller with herding soldiers behind an office door and out of harm’s way as Spc. Ivan A. Lopez riddled the area with rounds from a civilian handgun. Lopez killed himself when he was challenged by military police.

email: bobrien@buffnews.com

Rep. Reed to hold public meetings

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Rep. Tom Reed, R-Corning, will hold town hall meetings in Allegany, Cattaraugus and Chautauqua counties on April 26 to discuss concerns and share thoughts with his constituents.

Sessions will begin at 10:30 a.m. in the Chautauqua Municipal Building, 2 Academy St., Mayville; at 1 p.m. in Conewango Town Hall, 4762 Route 241, Conewango Valley; and at 3:30 p.m. in Cuba Village Hall, 17 E. Main St., Cuba.

Those unable to attend may offer their thoughts to Reed via his website at www.Reed.house.gov.

Some libraries to close for Good Friday

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The Central Library on Lafayette Square and all library branches in Buffalo will be closed on Friday in observance of Good Friday, the Buffalo and Erie County Public Library System announces.

A few of the suburban libraries will be open on Friday. Check with local branches for hours and activities. All city and suburban libraries will be closed on Easter Sunday.

Catholic Charities donations total nearly $8.9 million

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Donations to the 90th annual Catholic Charities Appeal are running more than 2 percent ahead of last year, Bishop Richard J. Malone announced in a progress report Tuesday following the conclusion of Appeal Week.

A total of $8,886,816.65 has been raised so far, Malone said, which represents 82.3 percent of the goal of $10.8 million. Last year at this time, 80.2 percent of the goal had been reached. The campaign continues through June 30.

Parish volunteers and pastors made a concerted effort for donations during Appeal Week, which ran from April 6 to Palm Sunday. Proceeds support 70 programs and services at 61 sites in the eight-county Western New York region. Donations can be made by calling 218-1400 or visiting www.ccwny.org.

Rwandan genocide symposium planned

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A symposium on the Rwandan genocide, which took an estimated 800,000 lives in 100 days in 1994, will be held from 8:30 a.m. to 5 p.m. next Thursday in 120 Clemens Hall on the University at Buffalo North Campus in Amherst. It is free and open to the public.

Speakers will include Francois-Xavier Nsanzuwera, a prosecutor who convicted some of those responsible for the killing; Rwandan author Aimable Twagilimana, currently a professor at SUNY Buffalo State; and Jean-Paul Kimonyo, current senior policy adviser to Rwanda’s president.

It will be followed by a Scholarship Fund Dinner and Discussion at 6:30 p.m. in the Jacobs Executive Development Center, formerly the Butler Mansion, 672 Delaware Ave. at North Street. Reservations are required.

The two events will honor the memory of historian and human rights activist Alison L. Des Forges, one of the world’s leading experts on Rwanda, who died in the crash of Continental Flight 3407 in 2009.

Contributions of $100 or more to the Alison Des Forges Memorial Fund are recommended. For reservations and donations, call Helene Kramer at 866-3876 or email helene.kramer@gmail.com.

Black Swan seeks to create a comfortable space in former Cozumel

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Black Swan, the restaurant replacing Cozumel, plans to open this summer with a sophisticated lounge-style place with small plates and craft cocktails.

Owners Monique Fortunato-Lester and husband Bryan Lester, a partner at Vera Pizzeria, are busy working out the details at 153 Elmwood Ave. “We’re hoping to be open by July or August, mid- to late summer,” she said.

“We’re creating a place for the young professional population of Buffalo to dine and drink, Fortunato-Lester said. “My husband and I travel a lot, and we’ve noticed that this whole lounge philosophy is really big in places like New York, Chicago, Toronto, and there’s nothing like it in Buffalo right now.”

What’s the lounge philosophy?

“What we want to do is create a place that’s really relaxing chic, and modern, where you can sit back on a comfortable couch and enjoy a cocktail,” she said. Black Swan will be putting comfortable outdoor furniture on its spacious patio, Fortunato-Lester said.

It’ll seat about 40 in the lounge, 15 at high tables in the bar area, and another 12 at the bar.

At present the menu includes small plates and gourmet bites. They’re not sure about full entrées. They’re poring over every detail, she said. “Our couches are going to be custom made for comfort and style.”

Fortunato-Lester said Black Swan will aim to fill a gap in the city’s restaurant offerings. “There’s really no place in Buffalo where you can go and kick back in a lounge setting and enjoy gourmet food and craft cocktails like that.”

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Named after a type of Ethiopian wolf, Theas will offer Ethiopian cuisine at 634 Main St., in East Aurora.

Opening Tuesday, it’ll be next-door neighbors to Medici House, the former Tantalus, longtime flagship of East Aurora restaurateurs Laurie Kutas and John Rooney.

After cooking Ethiopian at home for years, and getting it during their travels to Washington, D.C., Toronto and other destinations, they decided it was time to offer the African cuisine to the Southtowns.

Rooney said nothing will change at Medici House. The pair has long harbored dreams of an Ethiopian place, and with two Ethiopian places open in Buffalo, it seemed like the right time. “We felt that the community is accepting it, so it’s probably our time,” he said. “We’re not getting any younger, either.”

Theas will offer lunch and dinner seven days a week, 40 to 50 seats, and a full bar, he said.

The menu will be vegan and vegetarian intensive, with extensive vegetable, greens and legume offerings in addition to meat dishes, Rooney said. (He noted that Theas is already fully reserved for the opening day, April 21.)

Closing: Brodo has closed. The restaurant, at 4548 Main St. in Snyder, was known for its soup offerings.

Owner Elaine Greco said she was retiring to spend more time with her family. She offered her loyal patrons her sincere thanks.

Send your restaurant news to agalarneau@buffnews.com

Finance reports show 23rd District race is financially competitive

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WASHINGTON – A financially competitive congressional race is shaping up in the Southern Tier’s 23rd Congressional District, as Democrat Martha Robertson reported raising $330,366 between January and March while the incumbent, Republican Rep. Tom Reed of Corning, raised $387,323.

Campaign finance reports filed Tuesday showed that Reed has raised much more than Robertson for the complete 2014 campaign cycle – $1.85 million versus $1.04 million – but he’s also spending his campaign cash at a far faster rate. As a result, Reed said he had $1.08 million left in his campaign account as of March 31, which is only about $262,000 more than Robertson.

Robertson, who chairs the Tompkins County Legislature, reported her strongest fundraising quarter yet. She said it is a sign that voters in the sprawling 23rd District, which stretches from Lake Erie to Ithaca, are responding to her campaign.

“I am extremely proud of the 4,500-plus citizens who have stepped up and joined our mission to bring economic opportunity and common sense solutions to Washington,” Robertson said. The fact that we’ve raised a million dollars with 91 percent of the donors giving less than $250 this quarter shows that we are building an exciting grassroots movement that voters of the 23rd District support.”

But Reed also said he was happy with his fundraising total for the quarter.

“Our campaign continues to grow each day, and I’m honored to receive generous support from the folks in the Southern Tier and Finger Lakes,” Reed said. “I care about our families and our communities and I will continue fighting for jobs and the future.”

The quarterly campaign finance reports, which were filed with the Federal Exchange Commission, showed Reed and Robertson waging vastly different campaigns so far.

Reed has spent approximately 55 percent of the money he pulled in as of March 31, while Robertson has spent only about 23 percent of what she has raised.

Reed’s FEC filing portrays an incumbent gearing up for a potentially tough fight. The document shows seven people on Reed’s campaign payroll during the quarter, nearly $75,000 in fees paid to campaign consultants and an array of charges from caterers used at fundraisers.

“We have been making early investments in the campaign which will help us communicate Tom’s record of fighting for jobs and the future to voters,” said Katherine Pudwill, Reed’s campaign spokesperson. “The response both in terms of volunteer and financial support in the district has been overwhelming.”

Still, Reed – who won re-election in 2012 over Democrat Nate Shinagawa by a surprisingly narrow margin of 3.8 percentage points – has reason to believe he will be facing another tough fight.

The Democratic Congressional Campaign Committee last month added Robertson to its “Red to Blue” program, which targets races the party thinks it can win from a Republican incumbent. And that was before Robertson announced her fundraising total at the end of the first quarter.

“The fact that we’ve raised more than one million dollars proves we have the support and resources to win this seat in November,” Robertson said.

email: jzremski@buffnews.com

Poloncarz proposes package of reforms to deal with child abuse issues

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Erie County Executive Mark C. Poloncarz on Tuesday unveiled a package of 19 reforms he is suggesting to state legislators to deal with child abuse issues.

“The worst days of my administration were on the days of the death of a child,” which has happened six times during his tenure, Poloncarz said as he stood at the podium with Carol Dankert-Maurer, commissioner of social services, and Deputy County Executive Richard Tobe. “Right now we have a system that is stacked against children and stacked against CPS workers.”

The deaths of two of the children – Abdifatah Mohamud, 10, of Buffalo, who was beaten to death by his stepfather in 2012, and Eain Clayton Brooks, 5, of Buffalo, who allegedly was killed by his mother’s boyfriend last year – prompted a wide-ranging review of Child Protective Services procedures by state and county officials.

Poloncarz said each proposal was presented in the form of a proposed law, with a complete sponsor’s memorandum already written. “All the senators and Assembly members need to do is put their names on these,” he said.

While Poloncarz was making his announcement, the package was delivered to local lawmakers and heads of state legislative committees dealing with children’s issues. Two Buffalo Democrats who have been active on the issue immediately said they looked forward to reviewing the proposals.

State Sen. Tim Kennedy, D-Buffalo, said, “We will review the proposed bills, collect input from local families and statewide advocates and continue our collective efforts to reform and improve Child Protective Services to better protect our children.”

Assemblywoman Crystal Peoples-Stokes, D-Buffalo, said, “We applaud Erie County Department of Social Services for proposing additional changes to their system. We look forward to reviewing the legislation; working with Erie County DSS, local families and child and family advocates to improve accountability and the overall safety and well-being of our children.”

The 19 changes include such things as creating a new felony crime of endangering the welfare of a child; expediting the collection of medical and police records after an allegation of abuse; using technology, including audio recording of calls to the state abuse hotline; and collecting photographs from people reporting abuse.

The proposals call for:

• Establishing a new level of offense, a Class D felony, for endangering the welfare of a child, compared to a Class A misdemeanor under current law. That misdemeanor will be retained and will be renamed endangering the welfare of a child in the second degree.

• Amending the definition of neglect to create a presumption of neglect if there is a single incident of excessive corporal punishment, which would be defined as throwing, burning, biting, punching, kicking, choking, poisoning, caging or tying up a child, threatening or striking a child with a weapon, or causing “bodily harm greater than transient pain or minor temporary marks.”

• Creating a presumption of neglect against a woman who gives birth to a child whose blood or urine tests positive for a controlled substance. Marijuana and prescription medications will not be included, Poloncarz said.

• Allowing the Department of Social Services to subpoena records from private agencies for use in any investigation of a report of child abuse or any proceedings related to abuse or neglect.

• Requiring law enforcement and other governmental agencies to supply Child Protective Services with records within 72 hours of the request during an investigation of child abuse or maltreatment.

• Increasing the penalties for making false accusations of suspected abuse or neglect of a child or vulnerable person. Dankert-Maurer said her office gets a significant number of calls – 45 on a recent Monday – from parents who are angry about conflicts over weekend visitation. Without saying how many of that type of calls are false, she said two-thirds of all calls reported to CPS are eventually determined to be unfounded. Poloncarz said this law would only penalize those making repeated unfounded claims, “an excessive amount.”

The proposals would establish a civil penalty for making false allegations of suspected abuse or neglect. This would allow a fine of up to $5,000 for a first offense and up to $10,000 for a second offense.

• Requiring people who are mandated reporters, such as teachers and medical personnel who are required by law to report suspected child abuse, to receive training every three years on how to identify and report child abuse and neglect.

• Requiring the Office of Child and Family Services to provide certain critical information to local child protective services agencies, including whether the person accused of child abuse or neglect is a child care provider, or if any person named in a report is a known sex offender or was the subject of a previously founded report of abuse or neglect. This information sharing, according to the proposals, “will give critical information to a local child protective service at the beginning of an investigation which will better allow it to asses the risk to children.”

• Allowing local social services districts to prohibit informal child care providers from participating in the New York State Child Care Block Grant program if they are the subject of “an indicated report” of child abuse or who have felony convictions of a sex offense, crime against a child, crime involving violence, or a drug-related conviction within the past five years.

• Improving the Statewide Automated Child Welfare Informations System to allow for the storage of images and documents.

• Requiring telephone calls made to the statewide central registry to be recorded and the recordings kept.

• Requiring the transmission of all prior calls and report history from the state to the appropriate local child protective service for investigation.

• Requiring technological improvements to the statewide central registry, including Internet reporting and allowing the submission of photos.

Finally, the proposals call for increasing the financial resources provided by the state to local child protective services agencies by 4.84 percent annually; removing unrelated personal information, such as whether a family was receiving public assistance, from reports about child fatalities; requiring hospitals and birthing centers to educate new parents about the hazards of putting infants to sleep in beds with adults; making civil service exams for child protective workers a priority; and prohibiting the prosecution of a social services commissioner for disclosing information pertaining to a child abuse or maltreatment investigation “if done so in good faith adherence to state law.”



email: aneville@buffnews.com

Defamation suit dismissed against former Hamburg School Board member

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A defamation suit against a former Hamburg Central School Board member has been dismissed.

Charles F. Mahoney, a former teacher in the Hamburg district, had sued Matthew A. Dils and the school district, charging that Dils on two occasions at two separate board meetings had defamed him.

Mahoney had claimed that Dils made disparaging comments about him Oct. 6, 2011, when Mahoney was one of six candidates interviewed by the School Board to be appointed to an open board seat.

He also said that Dils again defamed him during an executive session of the School Board conducted Jan. 10, 2012.

In his decision, acting State Supreme Court Justice Michael L. D’Amico said that Mahoney failed to prove that the statements allegedly made by Dils were defamatory or that Mahoney suffered special damages.

“We disagree with the decision,” said Mahoney’s attorney, Harvey Sanders. “The court did not consider all the facts on the record. We are reviewing the decision in connection with a likely appeal.”

Jody E. Briandi, attorney for the school district and Dils, disagreed. “We obviously feel like the court made the right decision based on the facts, based on the law,” she said.

D’Amico ruled that Mahoney failed to prove the comments at the Oct. 6, 2011, meeting were meant for the general public, and if they were, he ruled Dils had privilege as a board member engaged in his board duties. He also ruled that Mahoney, in seeking to be appointed to the board, was a public figure.

Regarding the Jan. 10, 2011, executive session, the judge noted that Mahoney said he made a recording of the comments from outside the closed meeting room, but he failed to produce the tape or another recording he said had been made.

“No individual other than the plaintiff himself has offered proof of any recording of the words spoken in executive session,” D’Amico wrote.

But even if the tapes existed, the case still would be dismissed because of the privilege granted school board members, the judge wrote.

This is not the first action Mahoney has filed against Dils. Mahoney filed a petition with the state education commissioner in 2012, asking him to remove Dils from the board for missing board meetings. The commissioner has not yet issued a decision, but Dils did not seek re-election when his term ended in June 2013.

Dils was on the board in 2003 when Mahoney left the district. Mahoney said he turned down an extra year of probation offered by the district. The School Board then terminated him.

email: bobrien@buffnews.com

Opt-out movement gains traction across the region

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Aboycott movement that has turned state standardized tests into a battleground is dividing school districts across the region and drawing the attention of state education leaders.

Roughly 7 percent of students in third through eighth grade in Erie and Niagara counties refused to take a state English exam earlier this month.

But in some districts, 15 to 28 percent of the students who should have taken the exam did not pick up their No. 2 pencils.

State Education Commissioner John B. King Jr. last week called the students and parents who opted out across the state a “small but meaningful percentage.”

And the number of students who have opted out has frustrated some administrators, who felt caught between state regulations and angry parents while they struggled with what to do with the children who sat out the tests.

“If the state is going to impose test regulations, there needs to be clearer expectations,” said Orchard Park Superintendent Matthew McGarrity. “It pits districts against districts.”

The parents behind the movement give a variety of reasons for opting out. Some are educators who are upset that the exams are being used to measure how teachers and schools perform. Some are concerned that subjects such as social studies and art are being edged out as schools focus on preparing students for math and English exams. Others cite the stress their children feel during six days of testing each spring.

But the goal of the parents is clear: to scale back the number of state standardized exams that are tied to teacher evaluations and school performance.

“It is making a political statement that we’re not going to let our children be used to evaluate teachers,” said Chris Cerrone, a Springville resident who frequently blogs about anti-testing efforts and who directed his two elementary school children to refuse the state English assessment this month.

Like many of the parents whose children opted out of the exams, Cerrone is also a teacher. But when Cerrone speaks out against testing, he said, he speaks as a parent concerned that his children receive a “well-rounded education.”

“It’s also to throw a monkey wrench into the system,” Cerrone said. “If a statistical number of students do boycott, then the tests are not valid for the purposes to judge a school or teachers, and I think that’s part of what we’re trying to accomplish.”

Standardized tests have been required by federal No Child Left Behind education law for years. But an overhaul of learning standards and a decision to use the scores for a portion of teacher evaluations have fueled concerns over the way the tests are shaping public education.

The parents’ message appears to have been heard in Albany.

King, in a speech at New York University last week, said a “small but meaningful percentage of parents and students” who opted out of the new state assessments had “made their voices heard even if they are now denying themselves and their teachers the opportunity to know how their children are performing against a common benchmark used throughout the state.”

King grouped the test refusals in with a long list of noisy protests over education – from the ouster of New York State United Teachers President Richard Iannuzzi last week to a series of public forums dominated by complaints over state education policy last fall.

“I try to focus on outcomes for students and to leave ideology and politics aside,” King said. “These days, however, New York politics seems to be all about education, and it’s hard to find any agreements on facts – let alone policy. And it’s also hard to see where everyone stands.”

Gov. Andrew M. Cuomo, meanwhile, has opened the door to scaling back the use of the state standardized tests to evaluate teachers. He told reporters earlier this month after signing the budget that lawmakers need to address the issue by the end of the State Legislature session.

The remarks were a notable shift from Cuomo’s previous efforts to scale back the teacher evaluation system – which uses the state standardized tests for 20 percent of a teacher’s score.

As lawmakers debate what, if anything, they will do in response to the growing number of parents who direct their children not to take the state exams, local school administrators are left to face parents at school board meetings. That has frustrated some administrators attempting to navigate between community concerns and state rules.

“Our parents have made a decision for their children, and we respect that, but I think the bigger issue is with State Ed, and I would hope that parents, and whatever organization or group that they’re working with, could continue their message to Albany,” said Lake Shore Superintendent James Przepasniak.

About 25 percent of the 1,135 third- through eighth-grade students in Lake Shore opted out of the English exam.

“At the local level, we have very little control over New York State testing,” Przepasniak said. “So I do feel that, in some cases, our teachers, our principals and our school district are being put in the middle of a major issue over which we have very little control.”

School districts across Erie and Niagara counties had wide ranges of the number of students who opted out. In Buffalo, where 208 students refused the English exam, those opt-outs accounted for less than 2 percent of the 15,466 third- through eighth-graders. At the other end of the spectrum, West Seneca had 28 percent of its 3,087 third- through eighth-graders sit out the test.

In Starpoint, where 8 percent of the students refused the English Language Arts exam, the district had to hire substitute teachers to look after the students not taking the test.

The districts have taken different approaches for how to deal with students whose parents told them not to take the tests. While some allowed students to read, others required them to sit quietly during the entire length of the exams.

“Some are very sympathetic, and some are not,” Cerrone said. “It’s unfortunate because the state Education Department and the commissioner have not given the districts any clear guidance on how to handle the opt-out movement and kind of left the local districts hanging in the wind.”

Like other school administrators, Starpoint Superintendent C. Douglas Whelan said he was concerned about what impact the test refusals would have on his district. “I don’t think they fully understand the ramifications,” he said of parents who opted out, explaining that the purpose of the tests is to gather data to see if students are learning.

Orchard Park’s McGarrity said, “We’re not panicking, but as time goes on, where is this going to end? How far does it go? I think we need to put the energy in a direction that is going to make a difference.”

News Staff Reporters Karen Robinson, Aaron Besecker and Barbara O’Brien contributed to this report.

Opting out

West Seneca and Lake Shore had the highest percentage of students refusing to take state exams in English

School District / Number of students refusing exam / 3-8 grade enrollment / Percent of students refusing test

West Seneca 877 3,087 28.41%

Lake Shore 287 1,135 25.29%

Wilson 120 562 21.35%

Springville-Griffith 151 833 18.13%

Alden 136 800 17.00%

Hamburg 269 1,718 15.66%

East Aurora 137 882 15.53%

Note: Amherst, Cheektowaga-Sloan, Iroquois, Lackawanna and Niagara Wheatfield school districts did not provide results.

Saying no to state testing

The percentage of students refusing to take state exams in English ranged widely in Erie and Niagara county districts.

School District / Number of students refusing exam / 3-8 grade enrollment / Percent of students refusing test

Erie County

Akron 30 695 4.32%

Alden 136 800 17.00%

Buffalo 208 15,466 1.34%

Cheektowaga 7 908 0.77%

Cheektowaga-Maryvale 35 982 3.56%

Clarence 71 2184 3.25%

Cleveland Hill 37 649 5.70%

Depew 64 833 7.68%

East Aurora 137 882 15.53%

Eden Central 49 676 7.25%

Frontier 272 2,230 12.20%

Grand Island 47 1,379 3.41%

Hamburg 269 1,718 15.66%

Holland 24 407 5.90%

Kenmore-Tonawanda 210 3,227 6.51%

Lake Shore 28 1,135 25.29%

Lancaster 200 2,728 7.33%

North Collins 20 276 7.25%

Orchard Park 248 2,388 10.39%

Springville-Griffith 151 833 18.13%

City of Tonawanda 117 780 15.00%

West Seneca 877 3,087 28.41%

Williamsville 263 4,816 5.46%

Total 3,759 49,079 7.66%



Niagara County

Barker Central 1 361 0.28%

Lewiston-Porter 30 1,037 2.89%

City of Lockport 43 1,981 2.17%

Newfane 29 749 3.87%

City of Niagara Falls 73 3,138 2.33%

City of North Tonawanda 63 1,600 3.94%

Royalton-Hartland 40 631 6.34%

Starpoint 107 1,215 8.81%

Wilson 120 562 21.35%

Total 505 11,274 4.47%

NOTE: Amherst, Cheektowaga-Sloan, Iroquois, Lackawanna and Niagara-Wheatfield school districts did not respond to requests for their participation. email: djgee@buffnews.com

Despite deadline, protesters ‘will not comply’ with SAFE Act

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Owners of assault-style weapons were supposed to have registered their guns by Tuesday.

But there is no way of knowing exactly how many of these weapons there are in the state and how many were registered under the NY SAFE Act.

The state refuses to say how many were registered, claiming it is confidential information protected by the law.

Gun-rights advocates estimate compliance will be less than 10 percent.

And in Erie County, the sheriff says he will not force his deputies to enforce registration.

“Theoretically, any law enforcement officer who encounters anyone with this type of gun at a minimum is supposed to record the serial number and the individual’s identity and report it to Albany,” Sheriff Timothy B. Howard said.

But will his deputies do that?

“I don’t know. I am not encouraging them to do it. At the same time, their own consciences should be their guide. I am not forcing my conscience on them. That is a decision they should make,” Howard said.

The sheriff’s opposition sits well with roughly 70 opponents of the law who gathered outside the Walter J. Mahoney State Office Building in downtown Buffalo late Tuesday afternoon to shred State Police registration forms for assault weapons.

It was seen as a form of civil disobedience to a law that opponents say was hastily drafted some 16 months ago in response to the December 2012 massacre in Newtown, Conn., where 20 elementary school children and six adults were slain by a heavily armed gunman.

But rather than make the public safer, opponents contend the law’s main accomplishment has been to create a new classification of criminals – individuals who out of conscience refuse to register their assault weapons because they believe the law overstepped their Second Amendment right to bear arms.

The law’s supporters say it gives police more tools in tracing ownership of these guns should they end up stolen, and, aside from the registration requirement, closes a loophole requiring background checks for the private sales of weapons.

At the rally

“They have been shredding the Constitution for years,” said Rus Thompson, who led Tuesday’s rally. “You shred the Constitution, we’ll shred any form you want us to fill out. They can’t arrest a million people. What are they going to do?”

“Nobody is going to comply with this,” added Tim Swedenhjelm, a gun owner and a 30-year range safety officer from Springville. “We don’t call them ‘assault rifles’ because they’re not ‘assault rifles.’ Assault rifles are automatic weapons. These are not automatic weapons. When I hear politicians call them assault rifles, you know they don’t know what they’re talking about.”

The SAFE Act defines assault weapons as semiautomatics capable of accepting detachable magazines and with one military-style feature that could include protruding pistol grips, folding stocks, thumb hole stocks, a second hand grip, bayonet mount or flash suppressor.

Chants at the rally included “We will not comply” and “Cuomo’s got to go.” Some of the signs included: “Millions of Gun Owners Hurt No One Yesterday” and “You Won’t Get Gun Control By Disarming Law Abiding Citizens.”

Some at the rally wore “Repeal New York SAFE Act” T-shirts or shirts that called for a “New York Resistance” encouraging people to “Join Your Local Militia” and “Do Not Register Your Guns,” while several passing motorists, including an Niagara Frontier Transportation Authority patrol vehicle, honked in support.

However, for those who ignore the registration, there are serious consequences.

Legal penalties for failure to comply include a misdemeanor charge that calls for forfeiture of the weapon and up to a year in jail, unless it is determined that the lack of compliance was unintentional. In that case, a 30-day amnesty period is allowed to register the weapon.

There is also a more serious felony charge, possession of a knowingly unregistered gun, that could be imposed. That carries up to four years in prison, if convicted.

From the tone of the rally, though, protesters were accepting that risk.

Other perspective

SAFE Act proponents described the rally and others across the state in recent months as an overreaction from “a vocal small minority” of gun owners who do not represent the majority of state residents who favor the law and gun safety.

“There’s a lot of hyperbole and misinformation floating around. People who owned these weapons before Jan. 15, 2013, can keep them. All they need to do is register them. It is painless, easy and costs nothing,” said Leah Gunn Barrett, executive director of New Yorkers Against Gun Violence. “No guns are being taken away unless you fail to register your military-style assault weapon, if you happen to own one. If you register it, you can keep it.”

But her group’s disdain for such weapons was unmistakable. “These weapons of war,” Barrett said, “have no place in our communities.”

The purpose of registration, she explained, is to assist police by providing them with a record of the weapon.

“Gun owners are required to report the theft of guns to the police,” Barrett said. “If an assault weapon that has been registered ends up in the wrong hands and is used in a crime, the police will know who is legally responsible – the gun owner.”

But for owners of assault weapons, the issue is not that simple.

“We believe the law is not just, it is not the government’s business. Registration is confiscation. Once you register your gun, it is not really yours,” said Lisa Donovan, a spokeswoman for NY2A – New York 2nd Amendment Coalition. “We don’t trust the State Senate and State Assembly that they are done with the SAFE Act. We feel there will be a SAFE Act II. That’s why we are fighting so hard now.”

Springville rally

Leaders at an informational gathering to discuss concerns about the SAFE Act on Monday night in Springville said there was no doubt that many of the more than 500 gun owners who attended were not registering their assault-style guns.

“From talking to gun dealers, gun owners and gun advocates, it is estimated that there are more than one million assault-type guns in the state,” said Assemblyman David Di-Pietro, R, C, East Aurora, one of the meeting’s organizers. “We estimate that less than 10 percent of the owners of these guns will comply with the registration.”

DiPietro disagreed with the claim that the law will give police a better handle in tracking weapons used in crimes.

“Most of the guns used in crimes are illegally obtained. So anyone who tries to say that registration will lead to less crime and more identification of criminals is a blithering idiot and doesn’t know what they are talking about. In general, name me a gangster who complies with gun laws.”

Stephen J. Aldstadt, president of the statewide Shooters Committee on Political Education, said his organization is not advising individuals to ignore the registration.

“I’ve been going all over New York State speaking to crowds, and hundreds have told me they do not plan to register their guns under the SAFE Act,” said Aldstadt, a Colden resident. “As an organization, we certainly can’t tell people not to obey the law, but what people are telling us is that they are not going to comply with this law.”

Earlier in the day, before heading to the downtown Buffalo rally, Gia Arnold, the anti-SAFE Act candidate opposing State Sen. George D. Maziarz in a Republican primary, attacked the senator on the issue during a Lockport news conference.

Arnold, a Holley housewife, said that even though Maziarz voted against the SAFE Act and has made speeches advocating its repeal, he also has said that the only likely avenue of success is through the courts.

Arnold accused Maziarz of “lip service and complacency” on the issue. Of his reliance on court rulings to overturn the law, she said, “To me, that is the white flag of surrender.”

Maziarz on Tuesday evening disagreed with her assessments.

“My opposition to the SAFE Act is well known among Second Amendment supporters, and I have been recognized by the NRA, the Shooters Committee on Political Education and the Niagara County Federation of Conservation Clubs for supporting gun owners across New York,” the senator said.

News Niagara Reporter Thomas J. Prohaska contributed to this report email: lmichel@buffnews.com and tpignataro@buffnews.com

Head of Preservation Buffalo Niagara announces plans to retire

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Tom Yots, executive director of Preservation Buffalo Niagara, has announced he will retire from the organization effective July 1.

Yots, who previously served as city historian in Niagara Falls, said in an email he plans to spend more time with family.

“I was honored to serve as the executive director of this important and effective organization and fortunate to have a board that empowered me,” Yots wrote. “As historic preservation will always be a passion for me, I will continue to serve as a commissioner for the Niagara Frontier State Parks, Recreation and Historic Preservation Commission and promise to remain active in preservation in the Buffalo Niagara community.”

Yots took the reins of the preservation organization in early 2012.

Earth Day activities Saturday at Penn Dixie

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Earth Day will be observed Saturday at the Penn Dixie Paleontological and Outdoor Education Center with a cleanup and other activities.

Volunteers should bring a shovel, gloves and boots to the cleanup from 9 a.m. to noon. Scouts, garden clubs, school and civic groups and the public are invited to participate. Garbage bags will be provided, and Waste Management has donated a dumpster for the annual event.

Fossil collecting will take place from 9 a.m. to 4 p.m. and there will be free admission for all volunteers to collect fossils after the cleanup.

Additional activities include a spring bird walk and an Eagle Scout tree and shrub planting project at 9 a.m.

Penn Dixie is located at 4050 North St., Hamburg.
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