Albion

Bowling tournament at Oak Orchard Lanes raises $4K for PAWS

Provided photo: The team of Ron Ricker, Josh Bowman and Greg Daniels won the 9th annual PAWS Triples No Tap Tournament at Oak Orchard Lanes.

By Tom Rivers, Editor Posted 15 November 2023 at 12:20 pm

ALBION – Oak Orchard Lanes hosted 85 teams this weekend in the 9th annual PAWS Triples No Tap Tournament. The event on Saturday and Sunday raised $4,000 for the PAWS Animal Shelter in Albion.

This brings the total in nine years to about $30,000 for PAWS, said Randy Hanks, owner of the Oak Orchard Lanes.

The 85 teams, with some driving two hours to play, is the most since the tournament started. Most of the bowlers, however, are regulars at Oak Orchard Lanes in a league.

The team of Ron Ricker, Josh Bowman and Greg Daniels won the tourney’s grand prize of $700.

Each team could play three games per bowler with the highest average, including a handicapped score, used to determine the winner.

There was a basket raffle that raised $1,200 as part of the total for PAWS.

“We’re just animal lovers,” Randy hanks, Oak Orchard Lanes owner, said about supporting PAWS. “We always want to give back to the community and the bowling center is a good way to do it.”

Hanks said Curtis Foss did a lot of the work in organizing the PAWs tournament.

Oak Orchard Lanes will host the Scott Whittier memorial tournament in late January, with proceeds going to $500 scholarships for Albion students.

Albion Town Board approves contract with Monroe Ambulance for 2024

By Tom Rivers, Editor Posted 14 November 2023 at 11:45 am

Albion agrees to pay 52% or $155K of contract for 7 towns

Photo by Tom Rivers: Albion resident Jason Dragon shares concerns about a new contract with Monroe Ambulance which Dragon tells the Albion Town Board disproportionally burdens Albion taxpayers among the seven towns in the agreement.

ALBION – The Town Board voted unanimously, 5-0, on Monday evening to pay $155,820 to Monroe Ambulance in 2024, which is up from the $84,400 Albion paid the Rochester-based company in 2023.

Albion is one of seven towns in an agreement with Monroe Ambulance to be the primary ambulance provider in central and eastern Orleans.

The seven-town consortium is basing each town’s share on the percentage of calls in the seven towns. Albion accounts for just over half of the total calls, which is why Albion will be paying $155,820 or 52 percent of the total cost to have Monroe station an ambulance in Albion 24 hours a day, seven days a week and one in Holley for at least 12 hours a day, seven days a week. Monroe also will draw on ambulances in Monroe County if there is a need in Orleans County.

The Barre Town Board was the first of the seven towns to approve the contract. Barre voted last Wednesday to pay $13,740 in 2024, which is up from the $8,000 in 2023.

The seven towns didn’t have to budget any money for ambulance services until 2023. Central Orleans Volunteer Ambulance sought municipal support for years but the towns declined. COVA has since folded with Mercy EMS taking over that base in Albion and keeping many of the COVA employees. Mercy responds to some calls in Orleans, but also provides ambulance services in Genesee County, Hamlin in Monroe County, and Niagara County.

Albion Town Supervisor Richard Remley said the seven towns plan to put out an RFP (Request for Proposals) next year and will take the lowest bid from a qualified ambulance provider. He anticipates the RFP will go out in mid-2024.

The seven towns wanted to stay with Monroe, which started operations in April 15, with an ambulance based out of the Albion Town Hall and highway garage. Remley said a full 12 months-plus of data will be available in mid-2024 to help the towns plan for the future with ambulance services and contracts.

Jason Dragon, an Albion resident, said Albion is disproportionately bearing the burden of the contract. He said it should be based on the taxable value of each town, which would then have Albion paying 18 percent of the cost, or by percentage of population, which would put the burden on Albion at about 25 percent.

Basing it on call volume, when Albion has a nursing home and two state prisons, is unfair to Albion, which Dragon said already pays far more of its share in local taxes, especially for the village property owners.

“I don’t see how assessing towns by call volume is the most fair way,” Dragon said at the Town Board meeting. “This is an undue burden. We’re making it more and more expensive for the people of the Village of Albion.”

The additional costs for the ambulance is a big factor in the taxes going up in Albion in the 2024 budget that was approved on Monday.

The tax rate for property owners outside the village will be will be $7.45 per $1,000 of assessed property, which is up from $6.27 in 2023 and $4.17 in 2022. For a $100,000 property outside the village, taxes will increase $118 next year and are up $328 in two years.

The town tax rate for village property owners will be $5.39 per $1,000 in 2024, up from $4.69 in 2023 and $3.09 in 2022. Towns taxes for village property with a $100,000 assessment will be up another $70 in 2024, and increased $230 in two years.

“I’m concerned about the rate increase,” resident William Gabalski told the Town Board.

The town tax rate actually went down from 2009 to 2020, he said, but has now doubled in four years.

“We have very high taxes,” he said.

Highway Superintendent Michael Neidert said the highway department is managing OK in sharing some space with Monroe Ambulance. He suggested the Town Board try to get some money from Monroe to help with the utility costs with the building. Remley, the town supervisor, said he would ask Monroe if the company would contribute to those expenses – heat, electric and other utilities.

“It is cramped,” Neidert said about the shared space. “It is an inconvenience to us and them.”

Here is what the Monroe contract calls for each of the seven towns to pay in 2024, with the amount they paid in 2023 in parentheses.

  • Albion, $155,820 ($84,400)
  • Barre, $13,740 ($8,000)
  • Carlton, $22,350 ($14,800)
  • Clarendon, $25,350 ($18,800)
  • Gaines, $12,030 ($24,600)
  • Kendall, $17,850 ($0)
  • Murray, $52,860 ($30,600)

American Legion in Albion upgrades building, welcome more members

By Tom Rivers, Editor Posted 12 November 2023 at 11:27 am

New commander steps forward after loss of 2 longtime leaders

Photos by Tom Rivers

ALBION – Mike Donahue plays Taps as part of the Honor Guard on Veterans’ Day on Saturday at the American Legion post on Gaines Basin Road.

The Honor Guard observed Veterans’ Day at four other stops: The Veterans Service Agency in Albion, Orleans County Courthouse, memorial outside the middle school and the VFW post.

Rex Hults and other members of the Honor Guard fired three rounds in a 21-gun salute at each stop.

The Honor Guard is outside the American Legion on Gaines Basin Road The former clubhouse at Pap Pap’s Par 3 is now the home for the Legion. The veterans’ organization in the past year has put a new roof and siding on the building, as well as electrical and lighting upgrades, and an installation of flags from each branch of the military.

The organization has 120 members and welcomes more. They could be a veterans, son of a veteran, a member of the ladies auxiliary or a social member.

Brad Rouse, a Marine Corps veteran, is the new commander of the Legion. He was instrumental in the building improvements. Rouse also is recently retired from the Village of Albion in maintenance and as a mechanic at the sewer plant.

The Legion also put in a new concrete front patio and placed seven spent rounds, and one live round. The live round is in honor of the military currently deployed, the seven other bullets represent the gun salute from the Honor Guard, with three volleys of seven rounds.

This tribute is in front of a memorial bench for the late Jason Johnston, who was 24 when he was killed by a roadside bomb on Dec. 26, 2009 in Arghandab, Afghanistan.

His father Brad is an active member of the Legion in Albion. Jason Johnston, a specialist and paratrooper in the Army, is the only soldier from Orleans County to be killed in combat during the Afghanistan War.

The legion has added a display case with the Legion uniform for Kevin Christy, who was the group’s commander at the time of his death at age 72 on Nov. 16, 2022. Christy was a long-time leader of the local American Legion and also created the Sons of the American Legion for the organization in Albion.

Roger Ettinger made the display for Christy’s Legion and also the display case for the Army uniform worn by Gary Befus.

The uniform for Gary Befus also is in a display case at the Legion. Befus served with the Army during the Vietnam War. He died at age 76 on Oct. 3, 2022. He was involved for many years with the Legion and helped organize parades and the annual oratorical contest.

Albion Planning Board limits cannabis dispensaries to general commercial districts

Photo by Tom Rivers: The Save-A-Lot plaza on Route 31, which includes the vacant former site for Gordmans, is zoned general commercial and is far enough away from a church or school to be a possibility for a cannabis dispensary. No one has submitted a proposal for a dispensary.

By Tom Rivers, Editor Posted 10 November 2023 at 9:05 am

ALBION – The Village Planning Board agreed on Thursday to allow cannabis dispensaries at sites that are zoned general commercial – as long as they meet the regulations set by the state.

Those regulations keep dispensaries from at least 500 feet from a school and at least 200 feet from a church.

“We will use general commercial as an acceptable area but they still have to meet codes,” Karen Conn, the Planning Board chairwoman, said following a public hearing on the issue. “It’s up to them to find a spot and work with the code enforcement officer.”

No one has submitted a proposal for a dispensary in Albion. The regulations from the state would keep a dispensary away from the school on Route 31. It might also be hard to find a spot in the downtown area because there are several churches there.

Villages officials see the Save-A-Lot plaza on Route 31 and also the general commercial area on Hamilton Street as spots that could be considered for a dispensary.

The Village Board voted on Oct. 21, 2021 to opt in and allow legal marijuana dispensaries. Albion officials at the time said allowing the marijuana sites will make it easier for local residents to get the product in town, instead of driving to other communities and possibly putting others at risk on the roadways.

Village Board members also cited the potential tax benefits for the village. The state will have a 13-cent excise tax per $1 on the marijuana sales, and the village will get 3 of those cents per dollar.

Albion gives final OK to Clover Hill project, turning site into 18 apartments

Photo by Tom Rivers: The former Clover Hill Adult Residence in Albion will be turned into 18 apartments. The Village of Albion Planning Board approved the project on Thursday.

By Tom Rivers, Editor Posted 10 November 2023 at 8:38 am

ALBION – A former assisted living complex on Route 98 will be turned into 18 apartments – 14 that are one bedroom and four others that are studio apartments.

The Village of Albion Planning Board approved the site plan and a special use permit for the project at the former Clover Hill Adult Residence on Thursday.

The Planning Board said a vegetative screen will be needed by the parking lot between the north side and south sides of the property at 355 South Main St.

Resident Diana Reed lives next to Clover Hill on the north side. She said a fence would be unacceptable and pushed for arborvitae trees that would be about 15 to 20 feet high.

Planning Board chairwoman Karen Conn said the board could not specify which type of trees or vegetation be planted. But it can insist on the village code which states visual screening must have vegetation at least 4 feet high and spaced no more than 3 feet apart.

A second parking also is planned for the location on the south side. The developer doesn’t want to put that in yet and has been given two years to have an asphalt lot installed with drainage.

Clover Hill closed in March 2022 as an assisted living site. Realtegic LP in Amherst, led by president Ravi Prasher, wants to the turn the site into 18 apartments. Realtegic is working with Buildmore Corporation to convert the facility into apartments. Bilal Huzair of Carlton is CEO of Buildmore.

The current site has 19 parking spaces. The village code requires two off-street parking spaces per dwelling unit so there would need to be at least 36 parking spaces.

Elks barbecue cook-off, jamboree raises nearly $7K for PAWS

By Tom Rivers, Editor Posted 8 November 2023 at 11:05 am

Provided photos

ALBION – Representatives from the Elks Lodge in Albion presented a ceremonial check $3,480 to PAWS Animal Shelter. The Elks also gave $3,400 collected from a basket raffle on Oct. 21 during a jamboree and barbecue cook-off to benefit PAWS.

Pictured from left include April Flesch, Carol Williams and Lynda Standish from the Elks, and Donna Vanderlaan and Patty Coffee with PAWS.

There were five cooks or cooking teams for the competition, including from left: Melvin Artis and Cortlin Artis, Chris Winters (kneeling), Tony Newland, Lee Tisdale of Romyn’s Restaurant, Bert Mathes and Dan Monacelli.

Melvin and Cortlin came in 1st place with a trip to the 1000 Islands, Bert Mathes and Dan Monacelli won 2nd place and $200, and Lee Tisdale won 3rd with $100.

The judges sample the barbecue. They include from left: Orleans County Legislator John Fitzak; Scott DeSmit from The Daily News in Batavia; Elk chaplain, food manager and Bandera band member Bonnie Draper; Medina Mayor Mike Sidari; and Orleans County Undersheriff Don Draper.

5 towns were uncontested with elections

By Tom Rivers, Editor Posted 7 November 2023 at 11:54 pm

Albion, Carlton, Clarendon, Gaines and Ridgeway candidates all unopposed

It was an easy path to victory for candidates in five towns – Albion, Carlton, Clarendon, Gaines and Ridgeway.

They didn’t have any opposition on election day.

Here are the vote totals for those towns.

Town of Albion

  • Town Supervisor – Richard Remley, 340 votes, Republican (2-year term)
  • Town Council members (pick two) – Darlene Benton, 243 votes, and Terry Wilbert, 216 votes, Democratic Party (4-year terms)
  • Town Clerk – Sarah Basinait, 346 votes, Republican (4-year term)
  • Highway Superintendent – Michael Neidert, 400 votes, Conservative, Democrat and Republican (4-year term)

Town of Carlton

  • Town Supervisor – Gayle Ashbery, 297 vites, Republican (4-Year term)
  • Town Council members (pick two) – Dana Woolston, 289 votes, and Brian McCue, 268 votes, Republicans (4-year terms)
  • Town Council member – Charles Ricci, 298 votes, Republican (2-year term)

Town of Clarendon

  • Town Supervisor – Richard Moy, 269 votes, Republican (2-year term)
  • Town Council members (pick two) – Allen Robinson, 252 votes, and Bruce Hovey, 249 votes, Republicans (4-year terms)
  • Town Clerk – Susan Colby, 278 votes, Republican (4-year term)
  • Highway Superintendent – Tracy Chalker, 283 votes, Conservative and Republican (4-year term)
  • Town Justice – Thomas DiFante, 258 votes, Republican (4-year term)

Town of Gaines

  • Town Supervisor – Tyler Allport, 220 votes, Republican
  • Town Council members (pick two) – Rick Ebbs, 128 votes, Democrat, and Ronald Mannella, 253 votes, Democrat and Republican (4-year terms)
  • Town Clerk – Janet Cheverie, 247 votes, Republican (2-year term)
  • Highway Superintendent – Mark Radzinski, 245 votes, Republican (4-year term)

Town of Ridgeway

  • Town Supervisor – Brian Napoli, 407 votes, Republican (4-year term)
  • Town Council members – Mary Woodruff, 383 votes, and Duane Payne, 347 votes, Republicans (4-year terms)
  • Town Justice – Joseph Kujawa, 418 votes, Republican (4-year term)

Plaque added to bronze statue of Santa in downtown Albion

By Tom Rivers, Editor Posted 7 November 2023 at 9:10 am

Group has ideas to build on Santa theme for Albion

Photo by Tom Rivers

ALBION – A plaque has been added next to the bronze statue of a Santa Claus in downtown Albion at Waterman Park. (This photo makes it look bigger than reality. It doesn’t quite go waist high.)

The statue was dedicated during the Strawberry Festival on June 10. It was created by sculptor Brian Porter.

The project was led by the Albion Betterment Committee as a tribute to the late Charles Howard, who ran a Santa School in Albion beginning in 1937. He remains revered by the Santa community for helping to shape the look of Santa and how people should act while interacting with children.

The group wanted a plaque to provide a snapshot of Howard’s life and impact.

This photo shows Charles W. Howard with a Santa at Christmas Park in Albion. Howard operated the Park and a school for Santa Claus in Albion until his death on May 1, 1966.

The plaque reads:

CHARLES W. HOWARD (1896-1966)

“Charles W. Howard first portrayed Santa as a boy in a classroom play. As an adult he played Santa in a  store front window in downtown Albion and then, Rochester and Buffalo. This experience encouraged him to perfect the role of Santa Claus.

“Charles was disheartened by the quality of Santa being portrayed in stores. He created a ‘school’ to teach the proper appearance and demeanor of Santa. He established the world’s first Santa Claus School in the fall of 1937. His school became so popular that it was eventually recognized world-wide.

“Charles converted his farm in Albion into Christmas Park with a Christmas and Santa theme. The park provided Santa’s Castle where he trained Santas in the off-season.

“He became the Macy’s Thanksgiving Day Parade Santa and retained that distinction for 18 years – until his death in 1966.

“One of Charles’s most famous quotes was ‘He errs who thinks Santa enters through the chimney. He enters through the heart.’

Albion Lions Club member

Santa Claus Hall of Fame Charter Member – December, 2010”


Other community members are trying to build on the Santa theme. Lori Laine put a post on Facebook and wrote a letter to the editor, encouraging people to attend a meeting on Monday evening to brainstorm Santa ideas.

The group has four projects for now, including a lighted holiday parade on Dec. 9.

“We need lots of  floats, cars, wagons, golf carts all lit up!” Laine posted today on Facebook. “Don’t have a vehicle to light up? We can have marchers this year!”

Susan Oschmann is coordinating the effort and has applications for participants.

“The more the merrier, let’s light up the night!” Laine said.

The group also would like to adopt a light pole with Christmas decorations. Maureen Bennett is the person to reach out to for more information.

Laine also would like to see a tour of the churches in the historic Courthouse Square. “Many folks have never see the inner beauty of these historic churches,” she said.

The group also is planning weekly Christmas caroling in the community in an effort headed up by Karen Conn, an Albion music teacher and owner of a real estate business.

Some other ideas to promote the Christmas spirit: a 5K Santa run, sledding at Bullard Park with hot cocoa, and a “Santa Shanty” for people to meet Santa.

The group will next meet at 7 p.m. on Nov. 15 at Hoag Library to discuss the projects.

Albion school district may add unified bowling next school year

By Tom Rivers, Editor Posted 6 November 2023 at 9:19 pm

ALBION – The school district’s athletic department would like to add unified bowling in the 2024-25 school year, with the hope it leads to more participation in unified sports which include athletes with disabilities and student partners without disabilities.

“We have great kids here and it would be another opportunity for them,” Mariah LaSpina, the district’s athletic director, said during this evening’s Board of Education meeting.

The board would need to approve Albion’s participation, and also create a coaching position for the bowling team.

Unified sports are an inclusive program with an approximately equal number of athletes with intellectual disabilities and those without. They are on the same teams for training and competitions.

Currently in the Niagara-Orleans League there are three schools participating in unified bowling and basketball – Medina, Akron and Newfane. LaSpina said she has polled the other athletic directors with unified sports and they are very positive about the program.

“There are so many opportunities that come out of it,” she said.

Some of the student partners on the teams have gone on to pursue careers as special education teachers, she said.

Albion High School drama performing Captain Louie

By Tom Rivers, Editor Posted 4 November 2023 at 9:58 am

Photos by Tom Rivers

ALBION – Ella Trupo plays the lead role of Captain Louie in the high school drama department’s production of Captain Louie Jr. The first show was Friday. There are performances today at noon and 7 p.m. in the middle school auditorium. Tickets are $5 at the door.

In the show, Louie is lonely after his family moved to a new neighborhood. He plays with a toy airplane he calls Red. Here, Trupo is singing, “Big Red Plane.”

The show is the directing debut in Albion for Kailey Winans, a third grade special education teacher, and Elliott Michki, the high school chorus teacher. Kailey’s mother, Kathy Winans, also is a co-director for the show. She has been helping to lead the production for more than three decades.

Kailey Winans said the show sends a message about welcoming change.

“We should be open to new opportunities,” Winans said. “Change can be hard but we should embrace it because you never know what is on the other side of that change.”

Louie gets transported to his old neighborhood, but finds none of his friends are there. Instead he is met by a sinister gang, including a flower (Mallory Kozody), a mouse (Mallory Ashbery), a broom (Danielle Wyant) and a cat (Neveya Barnes).

Louie eventually realizes the characters are his old friends in Halloween costumes.

Alexis Hand is the “Monster” and Zackary Baron plays the role of Jack, who is dressed as a baseball.

Day of the Dead celebrated at Albion Middle School

By Tom Rivers, Editor Posted 3 November 2023 at 6:37 am

Ofrenda, crafts among activities as school welcomes Mexican tradition

Photos by Tom Rivers

ALBION – Albion eighth-grader Tra’Monie Walker and Spanish teacher Casey Flynn pause and reflect at an ofrenda during a Day of the Dead family night at the Albion Middle School.

The school hosted its first Day of the Dead observance. The Mexican Day of the Dead Celebration is a time of joyful remembrance of deceased loved ones, filled with an array of colors, scents, sounds and stories.

Josefino Paz (right), an ESL teacher at Albion, created the ofrenda in the school library. Paz made the display in memory of his late siblings, Felipe and Vicente.

An ofrenda is an altar created in Mexican homes to welcome the returning souls. An ofrenda typically features candles, wild marigolds, incense, photographs, mementos and loved ones’ favorite foods like fruit, tortillas, tamales, chocolate and bread.

Alondra Hernandez Rodriguez painted her face like a skull, a common tradition on the Day of the Dead. The face-painting represents a deceased loved one.

The middle school cafeteria hosted several activities to celebrate Día de los Muertos, the Day of the Dead.

Brad Pritchard, the middle school principal, the school district has an increasing number of ELL students or English language learners who are learning to be fluent in English. The school wanted to make those students and their families feel welcome, and also host a fun family activity that was open to the entire school community.

“We want everyone to feel comfortable coming into the school,” Pritchard said.

Daisy Brave-Lopez, a seventh-grader, works on a flag in the middle school cafeteria. About 60 people attended the day of the Dead celebration in the evening.

Sophie Kozody , seventh-grader, decorates a sugar skull.

Albion 8th-graders see sculptures made from recycled junk that washed ashore

Posted 2 November 2023 at 6:38 pm

Photos and information courtesy of Albion Central School

ALBION — Some Albion eighth-grade art enrichment students went to Chautauqua Institution recently to see the Washed Ashore sculptures and participate in a few activities.

The students on the trip had learned about Washed Ashore when they took art with Mrs. Kamie Feder last year.

“Once we learned the sculptures were being displayed nearby, I knew we had to go see them,” Mrs. Feder said.

Washed Ashore is “Art to Save the Ocean.” Volunteers collect junk that has washed ashore on beaches and turn the collection into beautiful sculptures.

During the visit, students participated in a recycled self-portrait and STEAM poetry activity, involving exploring lake water through microscopes. The group also took an interactive tour around the grounds to view all of the pieces. Students were allowed to touch all of the sculptures and see the scale of these creations up close.

Now, the students are working on brainstorming, designing and creating an art piece that raises awareness about an issue in our building, district or community.

Orleans County, most of state move past peak fall foliage

Photos by Tom Rivers: The Brown Street canal bridge is shown in the background of this photo on Tuesday afternoon. The leaves have changed to the color yellow, and many of the leaves are now on the ground.

By Tom Rivers, Editor Posted 2 November 2023 at 8:48 am

The fall foliage spectacle has moved past its peak in Orleans County and throughout most of the state, according to the weekly I LOVE NY Fall Foliage Report.

“New York’s colorful fall foliage season winds down this weekend as autumn’s peak colors reach their final destinations in New York City and on Long Island, as well as in a few remaining parts of the Finger Lakes and Hudson Valley, according to the report issued on Wednesday afternoon.

The report states Erie and Genesee counties are about 85 to 95 percent color change, with many bare trees, according to volunteer spotters.

There are still lots of colorful leaves on the trees locally, but the leaves are dropping fast.

This is the eighth and final map of the 2023 I LOVE NY Fall Foliage Report for New York State. Reports were issued every Wednesday afternoon.

The Butts Road canal bridge is shown on Tuesday afternoon with colorful leaves.

AG seeks preliminary injunction for monitors to help run The Village of Orleans, claiming substandard care persists

By Tom Rivers, Editor Posted 1 November 2023 at 8:23 pm

Reps for owners of nursing home in Albion tell judge facility is well-run, no longer on ‘focus list’

File photo by Tom Rivers: The owners of The Villages of Orleans Health and Rehabilitation Center in Albion are accused by the state’s attorney general of inhumane conditions for some residents at the 120-bed facility on Route 31. In 2020 in the first year of the pandemic, 30 of the residents at The Villages died from Covid.

ALBION – The State Attorney General is seeking a preliminary injunction from a State Supreme Court judge to allow healthcare and financial monitors at The Village of Orleans Health and Rehabilitation Center, a 120-bed nursing home in Albion.

Maura O’Donnell and Jared Goldman, assistant attorneys general, presented their arguments in court today in Albion before Judge Frank Caruso. They told the judge that nursing home residents continue to receive substandard care that jeopardizes their health.

“These are human beings,” O’Donnell told Judge Caruso. “They deserve safe and dignified care.”

She said recent testimonials from residents and their families, as well as an investigator’s report, indicate some of the residents still are not receiving basic care, or proper dietary needs, medical care and bedsore treatment. Families often aren’t communicated with in a timely manner, O’Donnell said.

It was nearly a year ago on Nov. 29, 2022 when Attorney General Letitia James announced she was suing the owners of the Villages of Orleans for financial fraud that led to significant resident neglect and harm.

It was the first of several lawsuits from the AG against nursing home operators, alleging a scheme where owners created real estate companies to siphon off the profits from the nursing homes at the expense of resident care.

While the case against The Villages moves through the court, the AG’s Office is asking for health and financial monitors to make sure staffing levels and care are up to standard, and funds aren’t diverted improperly.

Glenn Jones, an attorney for Comprehensive Healthcare Management Services, said there is no need for monitors. He said the only money going to the real estate owner of the property, Telegraph Realty, is being used to pay the mortgage. To default on those payments could put the facility in foreclosure and out of business, he said.

Jones, a partner at the Harris Beach law firm, said recent surveys from residents and staff show the facility has made improvements since the Covid pandemic. He noted The Villages also is no longer on a list of Special Focus Facilities from the Centers for Medicare & Medicaid Services (CMS). Facilities on that list have a record of poor survey results and inspections.

“We oppose this application because the conditions have improved since the start of litigation,” Jones said in court today. “The surveys are better. We have graduated from the Special Focus and are well within the averages of nursing homes in New York State.”

Many of the recent complaints detailed in an investigator’s report filed last week are based on double and triple hearsay, from anonymous sources and with claims that are incorrect, Jones said.

Dennis Vacco, another lawyer for Comprehensive (and a former state attorney general), faulted the AG’s request for a preliminary injunction, saying there is no new current evidence of neglect. The new request in court “didn’t have a factual underpinning,” Vacco said.

Letitia James, in her lawsuit filed nearly a year ago, claimed the nursing home owners fraudulently diverted $18 million in Medicaid and Medicare payments, money that went in the owners’ pockets instead of towards resident care.

But Jones disputed that saying the payments were reimbursements for care given – thousands of claims since 2014. He said owners forming a real estate entity that owns the nursing home property is not out of the norm.

O’Donnell from the AG’s Office said there isn’t a clear owner in charge at The Villages. The monitors are needed to insure resident care is a priority and there isn’t fraud financially.

Jared Goldman, another assistant attorney general, said the owners have deceived the Department of Health with official filings. The DOH inspections and regulatory authority aren’t enough to ensure compliance at The Villages, he said.

“There has been persistent and repeated illegality,” he told the judge. “This is a 1-star facility which is the worst rating available. This is still a 1-star facility.”

Judge Caruso didn’t make a ruling in court today. He said he would review the submissions and decide soon about the preliminary injunction and whether there will be monitors. He presided over a 2 ½ hour hearing today in the main courtroom at the Orleans County Courthouse.

The named respondents in the initial AG lawsuit from Nov. 29, 2022 are Bernard Fuchs, supposed sole official owner of The Villages; his son and daughter-in-law Gerald and Tova Fuchs, and his sons-in-law Joel Edelstein and Israel Freund; David Gast; Sam Halper; Ephram Lahasky; Benjamin Landa and his son-in-law Joshua Farkovits; and Teresa Lichtschein and her daughter-in-law Debbie Korngut.

The lawsuit also named Telegraph Realty LLC, which owns the real property where The Villages sits on Route 31; CHMS Group LLC, which provides administrative services to The Villages; and ML Kids Holdings LLC, which received over $1.5 million in cash transfers from Telegraph and is controlled by Ephram Lahasky, according to the AG suit.

There were about 10 attorneys in court today for the different owners and several asked that their clients be removed from the lawsuit because they have a very small minority stake in the ownership, or are part of the real estate company and have no decision-making role with the operation of the nursing home.

Alyssa Friedman, an attorney for Landa, said Letitia James is an “activist attorney general” and is the only AG in the country suing nursing homes.

James in her lawsuit claimed $18 million in fraud, which Friedman said is a “hyper-inflated” number.

Friedman urged the judge to keep the status quo at The Villages and not require monitors. She said a prospective owner is looking to buy the facility once there is resolution with the AG lawsuit.

“It is operating well and seemingly smooth,” she said in court. “There is no burning need to take any immediate action.”

John Martin, an attorney representing two of the named owners, said nursing homes are heavily regulated in New York. The AG’s request for monitors oversteps the role of the Department of Health which could pull a nursing home operator’s license if it felt there was danger to residents, Martin said.

He called the AG’s request for a preliminary injunction for monitors “inappropriate and unprecedented.”

Herb Greenman, an attorney for Telegraph Realty, said the real estate entity shouldn’t be in the lawsuit. He said the timing of the AG’s request for an injunction, 11 months after the initial filing, is puzzling because the facility is improved.

“We believe we are moving forward and not backward,” he told the judge. “The bottom line is we’re doing the best that we can. The facility is well-run. The residents are safe and being cared for.”

Albion’s Class of 1973 celebrates 50th anniversary reunion

Photo courtesy of Bruce Landis/Photos by Bruce and Associates

Staff Reports Posted 1 November 2023 at 8:36 am

The Albion High School class of 1973 celebrated their 50th class reunion on Sept. 16 at Stafford Country Club. Attendees included classmates from areas such as California, Pennsylvania, Wisconsin, Florida as well as many living locally. As a surprise visitor, our 1973 AFS student, Phil Nell traveled from Switzerland.

Pictured left to right, 1st row: Betsy (Batchellor) Phillips, Jan (Bailey) Castelgrande, Earle Allport, Pat Martillotta, Laurel Munger, Robin (Allard) Wehling, June (Carr) Seager, Wendy (Miller) Hinkley, Lynne (Neri) Wright, Elaine (Kurzawski) Stefani, Susie (Sherman) Quenelle, Moey ( Hunt) Carpenter and Kitty Mackey

2nd row: Norm Phillips, Barb (Johnston) Navarra, Terry (Francis) Vick, Carolyn (Rustay) Flansburg, Linda Scurry, Dawn (Roberts) James, Jim DiMatteo, Paul Farnsworth, Jim Ries and Frank Beachel

3rd row: Mike Vick, Jim Navarra, Earl Townsend, Roger Beam, Jeff Moscicki, Missy (Murray) Rentschler, Phil Nell, Jim Simboli and Kevin Doherty.

4th row: Steve Lanning, Mike Tower, Tom Poelma, Warren Seager, Bob Wells, Eric Robinson

Missing from photo: Lewis Morris and Valerie (Barclift) Williams.