The Citizen's top 10 most-read stories of the week.
Suspect in custody after bank robbery in Cayuga County village of Cato
Police had a suspect in custody one hour after a reported bank robbery in the village of Cato Tuesday.
A call about someone handing a teller a note at Community Bank on West Main Street, Route 370, went out just before 1:15 p.m., and law enforcement officers quickly swarmed the area.
A person with a motorcycle helmet was reported to have run from the scene on foot. Responding officers took up positions around the village, while others spoke with witnesses who may have seen the suspect, checked in with area businesses for the availability of security camera footage, and searched nearby neighborhoods.
Police sent out a news release saying that they were searching for a white male about 5 feet, 7 inches tall with a scruffy beard. Inside the bank, the man wore an orange stocking under a motorcycle helmet and a heavy blue or black camouflage jacket.
At about 2:17 p.m., a man riding a bicycle was taken into custody on Veley Road, northwest of the village. The man was reported to be wearing a T-shirt and jeans when he was apprehended, and police said that his car was parked on the side of the road nearby.
As of press time, the suspect's name or what charges he may face was not available.
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Red Creek man charged after attempting to rob Cato bank
A Red Creek man is facing charges stemming from a reported bank robbery in the village of Cato Tuesday afternoon.
There was a large police response after the attempted robbery was reported at Community Bank on West Main Street in the village. The suspect entered the bank and handed the teller a note demanding money, state police said. The suspect also claimed in the note that he had a gun.
The suspect fled the bank on foot. During the search for the man, state police said a suspicious vehicle was found parked along Veley Road in the town of Ira. After finding the vehicle, there was a report of a residential burglary on Veley Road. The suspect fled that scene on a bicycle.
Troopers found the suspect pushing a bicycle near the vehicle on Veley Road.
Jason Ingleston, 41, was arrested and charged with first-degree attempted robbery and second-degree burglary, both class C felonies. He is being processed at the state police in Auburn, according to a news release.
Cayuga County sheriff's deputies assisted with the investigation, state police said.
Ingleston was arraigned in Ira Town Court and remanded to the Cayuga County Jail in lieu of $10,000 cash or $20,000 bond, said Eric Hurd, a senior investigator with state police. Ingleston will have a preliminary hearing at 10 a.m. Friday in Ira Town Court.
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Aurelius man identified as victim in incident at Cayuga County boat launch
An Aurelius man has been identified as the victim in an incident at a boat launch at the Conquest-Mentz town line Friday.
The Cayuga County Sheriff's Office said Monday that Thomas A. Jetty, 77, died at the Seneca River boat launch. The cause of death hasn't been determined.
Authorities are investigating the death of a man who was pulled from a vehicle just before i…
A 911 call was received at 2:28 p.m. Friday reporting that a vehicle was submerged in the river surrounding Haiti Island near Route 38 and Haiti Road.
Witnesses at the boat launch said they saw a man experience a medical episode while either placing a boat trailer into or taking it out of the water. One of the witnesses pulled Jetty from the vehicle, which went into the water and was fully submerged.
Efforts to revive Jetty at the scene were unsuccessful.
The sheriff's office, state Department of Environmental Conservation officers, fire departments from Conquest, Port Byron and Weedsport and AMR Ambulance responded to the scene. Divers from the Auburn Fire Department recovered the vehicle.
Anyone with information about the incident should contact Detective Nicole Stewart at (315) 294-8093. The investigation is ongoing, the sheriff's office said.
Zabriskie House: Inside the Inns of Aurora's newest hotel
AURORA — Originally built for Robert Lansing Zabriskie as he returned to Aurora to be with his mother, Louise, Zabriskie House officially opened to Inns of Aurora guests in early October.
The house joins two other properties formerly used by members of the Morgan and Zabriskie family that have since been renovated into one of five properties the Inns of Aurora operates as hotels.
Besides the Zabriskie House, the Inns of Aurora also includes the E.B. Morgan House, named after Louise's father and the first president of Wells Fargo, as well as the Rowland House, named after Inns founder Pleasant Rowland. Like his brother Robert, Alonzo Zabriskie built the Rowland House as he returned to the village to be with their mother.
During the restoration, Inns staff worked with Robert Zabriskie's granddaughters Aubin Zabriskie Ames and Gail Zabriskie Wilson, who spent summers at their grandparents' home.
In a video produced for the hotel's opening, Wilson said they were grateful the Inns could restore their family's homes in order to preserve their memories while allowing guests to make their own.
"We hope that the people who come here and the guests will love it as much as we have over the years. It's meant a lot to the family so it's really wonderful," Wilson said.
Prior to the Inns of Aurora taking over the property, it was home for many years to the Shakelton Funeral Home, then owned and operated by state Assemblyman Gary Finch. Before the renovation process began, the project received support from the Cayuga County Industrial Development Agency in the form of approximately $560,000 worth of tax relief over 10 years.
Inns of Aurora Creative Director Alex Schloop said the restoration crew was meticulous about maintaining the home's historic character and family charm, while offering modern amenities for guests.
A primary focus of the restoration work was the central staircase of the Georgian Revival home. In addition to restoring the woodwork, carpenters renovated the third floor's playroom and storage space into additional guest rooms.
The 11 guest rooms in the home —which make 54 total across all five Inns of Aurora hotels — share a light blue color scheme, and each piece of furniture and decor is the result of an intense selection process, Schloop said. Items like chairs and benches are meant to be functional as well as decorative. When picking out those items, Schloop continued, the design team considered factors like sight lines and spacing from other furniture.
"Every little piece is very intentional," he said.
When hotel guest Chris Frare said how much she liked the new guest robes Thursday, Schloop joked that he hoped so, as it took six months for the design team and him to decide on them. The soaps and shampoos in the guest bathrooms took a year.
Frare said she's stayed at each one of the Inns of Aurora's hotels, but the Zabriskie House was quickly becoming a favorite.
"You just feel like you are really special," Frare said.
That's also intentional, Schloop said: The house is attended by a resident innkeeper who handles everything from checking in guests and guiding them to activities to serving a wine and cheese hour.
"It's an intimate level of hospitality that we're known for," Schloop said. "It creates a harmonious environment that allows people to relax, to feel comfortable, to feel at home."
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Pure Market and Eatery: Inside the new downtown Auburn food business
AUBURN — If you like what you eat at Pure Market and Eatery, the new downtown business can send you out the door with the ingredients to make it yourself.
Open as of Oct. 11 at 10 E. Genesee St., the business offers both prepared and preparable food. Coffeehouse fare and daily specials are available on site. Thursday, they included plain, pulled pork or vegan grilled cheese sandwiches with tomato soup, as well as an arugula salad with olives, roasted peppers and lemon vinaigrette. The coffee comes from Ithaca roaster Gimme! Coffee.
Across from the coffee bar, though, are coolers and shelves stocked with ingredients: spices, produce, syrups and more. And the staff at Pure makes its specials from those ingredients. So if someone wants to recreate that arugula salad at home, they can leave with a bottle of the lemon vinaigrette. Pure owner Luke Houghton, of Auburn, said almost all the ingredients are locally sourced.
"We make 99% of everything from scratch," he said. "Which is daunting sometimes."
The daily specials will be influenced by what's fresh and seasonal, Houghton said. But the food available at Pure Market and Eatery will also be influenced by the other parts of his business. At first, he wanted to open the downtown space to promote the main part: Pure Catering and Events. Houghton has been catering weddings, conferences and other events for about a dozen years, he said.
A private chef since 2005, Houghton has also worked in kitchens like Mirbeau Inn & Spa in Skaneateles and private conference center Savannah Dhu in Clyde. He also partnered in the former BeauVine restaurant at the Hilton Garden Inn in Auburn. But about five years ago, he said, Pure Catering and Events became his main focus. Since then, the business has expanded to home meal delivery service Pure at Home (formerly Provisions by Pure). It brings fresh, healthy and fully prepared entrees to homes three to five times a week — "You just have to heat it up," Houghton said.
Now, Houghton has one platform for his catering and home meal delivery businesses at Pure Market and Eatery. Not only can he and his staff of 20 to 25 prepare all of Pure's food in the kitchen of the downtown space, but the new part of Houghton's business complements the other two. If he has extra squash from a catering job, for instance, he can turn it into soup and serve it at the eatery. Or he can make a few extra meals for Pure at Home and sell them for carryout at the market. So the new space closes a "circle of product," Houghton said, and reduces his food waste to almost zero percent.
Renovating the space, which previously held the Copper Pig BBQ & Taproom, took about a year. When it missed out on opening before summer, Houghton said, it had to take a backseat to the other parts of his business. But he also wanted to make the space welcoming, as he predicts its coffeehouse atmosphere will attract a wide range of customers, including remote workers and business meetings.
"We really went out of our way to make this place comfortable," he said. "I want to sit here, so I hope that other people do, too."
At night, Houghton plans to rent Pure Market and Eatery for dinner parties and other events. He may also organize supper clubs, which would see groups of 25 to 30 served a special menu at the two long tables in the middle of the floor, where the space's partition has been removed. Regular dinner hours and specials are also a possibility depending on customer demand, Houghton said.
Before those plans take shape, though, an important part of the business will launch in the next few weeks: Pure Market and Eatery's app. Customers will be able to see what's being served on a given day, Houghton said, and place their orders in advance. A new website that brings together the market, eatery, catering and meal delivery parts of his business is also coming soon.
And though it is his business, Houghton prefers to talk about Pure using the pronoun "we."
"I am such a small part of what actually gets done," he said. "Part of the vision is mine but we have a culture that it's a team here."
New York state fall foliage report for week of Oct. 16-22
Empire State Development's tourism office is posting weekly fall foliage reports. Below is the report posted Oct. 16, 2019:
Vibrant Peak Foliage Appearing Across Upstate New York
Leaves in early and midpoint stages on Long Island and New York City
Colorful peak foliage will be found in all nine upstate regions of New York State this weekend, according to volunteer observers from the Empire State Development Division of Tourism’s I LOVE NY program. Color change remains low across most of Long Island and in New York City.
In the Adirondacks, Essex County observers in Crown Point are calling for peak foliage with 90-100% color change and shades of gold, orange, yellow and red. In Willsboro, look for peak foliage with 100% color transition and bright reds and yellows. Foliage will be past-peak in Lake Placid this weekend. Spotters anticipate complete color change with leaves featuring average shades of red, yellow, orange and purple. The Whiteface Mountain area in Wilmington will be past-peak with complete color change and red, dark red, yellow and orange foliage. Spotters reporting from Schroon Lake expect past-peak leaves for the weekend with complete color transition and shades of yellow and rust.
In northern Warren County, spotters in North Creek, Hague and Thurman anticipate that foliage will be just-past-peak with vibrant yellow, orange and red leaves. The southern portion of the county can expect peak leaves of bright yellow, red and orange. Franklin County spotters in Tupper Lake anticipate past-peak conditions with 95-100% color change and canary, goldenrod, russet, mahogany, pumpkin, bronze and copper leaves. In Saranac Lake, foliage will be past-peak this weekend with 95% change. Higher elevations, mountainsides and peaks are showing off a radiant golden glow, while lower elevations are still holding a vibrant variety of reds, oranges and yellows. Malone and the northern portion of the county are past-peak, with complete color transition and some beautiful yellow and orange leaves, along with some red.
Foliage will be past-peak this weekend in Hamilton County, according to spotters in Lake Pleasant, where most leaves have fallen. Reports from Lapland Lake Resort in the southern portion of the county project 80-90% change and slightly-past-peak conditions with yellow and orange leaves of average brilliance. In the Herkimer County hamlet of Old Forge, expect past-peak foliage with 100% color transition and leaves featuring shades of burnt orange and gold. Areas of St. Lawrence County in the Adirondacks will be past-peak with 85% color change and yellow, orange, red and purple leaves.
In the Capital-Saratoga region, Fulton County spotters reporting from Caroga Lake expect peak foliage this weekend with 95% color change and very bright yellow, orange and red. Rensselaer County observers project peak foliage throughout the county this weekend. Expect 80-90% transition in the eastern and northern parts of the county and 70-80% color change in the western and southern portions. Look for varying shades of red, including bright purplish-red and orange-red, along with yellow and some remaining green. Some foliage in higher elevations will be past-peak. In the Albany County city of Cohoes, peak conditions will feature 80% color change. Look for increasing amounts of yellow leaves of average brilliance, along with oranges, rusts and reds. Schenectady County will be at peak this weekend with 75-80% color change and a nice mix of red, yellow, rust and orange leaves. Saratoga County observers in Saratoga Springs project 65% transition and near-peak conditions with bright shades of yellow, orange, red and green.
In the Catskills, leaves will be at peak this weekend around Ferndale in Sullivan County, with 90% transition highlighted by bright red, yellow, orange and purple leaves. In Forestburgh, about 20 miles from Port Jervis, foliage will still be at its peak with nearly complete transition and bright shades of red, yellow, orange, wine and peach.
Foliage change has come on strong in the Kingston area of Ulster County. Spotters are projecting peak conditions for this weekend with 75% color change and yellow, orange and burgundy leaves, along with brilliant shades of red. At Belleayre Mountain in the Ulster County community of Highmount, foliage changed quickly over the past week and will be past-peak by the weekend with 100% color transition and primarily orange leaves.
In Greene County, observers reporting from Catskill project that the town and the county’s valley areas will be at peak this weekend, with 90% change and brilliant shades of red, yellow and orange. The county’s mountains will be past-peak with nearly 100% color change and bright red, orange, yellow and green leaves; peak colors may still be found around Kaaterskill and Platte cloves. Foliage will be past-peak this weekend in Delaware County. Look for complete color transition and bright gold and orange leaves among a significant number of bare trees.
In Central New York, Madison County observers at Delphi Falls County Park in Cazenovia project peak foliage this weekend, with 75% color change and bright leaves of yellow, along with shades of orange and red. In Montgomery County, observers at Schoharie Crossing State Historic Site in Fort Hunter expect foliage to be at peak this weekend. Look for 75% or more leaf transition and average-to-bright shades of orange and yellow. Broome County spotters in Binghamton project that leaves will be peak to just-past-peak with 65% color change and yellow, orange and red leaves of average brilliance. Chenango County reports from Norwich anticipate nearly complete color change and peak foliage with bright shades of red and orange, although some areas have downed leaves and very little color.
Observers in the southern Herkimer County village of Mohawk expect near-peak leaves with 70% color transition. While some trees are showing vibrant shades of orange, yellow and red, others have not quite changed and some are losing leaves. Oneida County reports from Utica expect near-peak to peak foliage this weekend with increasing shades of orange and yellow, along with some red and purple tones and some leaf droppage. In Otsego County, Cooperstown observers project 70% change and slightly past-peak foliage, with mostly green and yellow leaves, along with some orange and red. In the Schoharie County village of Middleburgh, foliage will be past peak with 90% color transition and rust and gold leaves of average brilliance.
In the Finger Lakes, Cortland County foliage observers project 80% color change and peak foliage with average-to-bright red, orange and yellow leaves. Foliage will be at peak this weekend in Steuben County. Look for 80-100% transition throughout the county and bright orange, gold, yellow and red leaves. Cayuga County spotters in Auburn project 65% leaf change and peak foliage with bright yellow, red and orange leaves.
In Chemung County, Elmira observers predict 80% change and near-peak leaves by the weekend, with average shades of yellow, orange and green, along with splashes of red. Tioga County foliage will be 75% changed with red, yellow and orange leaves of average brilliance, according to spotters in Owego. Tompkins County observers in Ithaca anticipate near-peak foliage, with 75% leaf transition. Bright yellow leaves dominate the landscape, underscored by orange leaves of average brilliance and pockets of bright red. Ontario County reports from around Canandaigua expect near-peak foliage with 70% color change. Leaves are mostly average-to-bright shades of yellow, along with some reds. Spotters from Farmington project 65% color change with bright shades of yellow and orange, along with some green and brown.
In Livingston County, reports from Geneseo anticipate near-peak conditions this weekend with 50% color transition. All areas of the county feature shades of orange from amber to tangerine. The yellows are popping and there are some breathtaking red maples, and color change is greater in the higher elevations. In Rochester and surrounding areas in Monroe County, look for 45% foliage change with yellow, red and dark red leaves of average brilliance, along with more orange and gold leaves appearing and a considerable amount of remaining green. Bright copper leaves have appeared on some trees and more are expected to follow. North of Rochester, spotters reporting from Greece anticipate 50% color change by the weekend. As the autumn season continues, more and more trees are showing color – mostly yellow to light green with a minority showing brilliant red-orange leaves and some trees dropping green leaves with brown edging.
Eastern Onondaga County spotters reporting from Green Lakes State Park in Fayetteville project 40% color change for the weekend with more reds and purples appearing as orange continues to dominate. Around the Syracuse University campus, expect up to 40% color change with average-to-bright shades of yellow, along with some red from the maples. Schuyler County observers in Watkins Glen expect foliage to be at midpoint of change this weekend with 60% color transition. Cooler evening temperatures are showing, as a rapidly increasing amount of yellow and light orange is appearing on many trees throughout the county, particularly those at treetops. Look for 50% color change in Yates County, with shades of yellow, brown and red in the hills, along with some green in the valleys. In Wayne County, spotters in Lyons expect foliage will be at midpoint of change with 40% transition and red, yellow and orange leaves of average brilliance. Seneca County observers project 35% color change with green leaves fading and muted shades of orange and yellow emerging.
In the Chautauqua-Allegheny region, Cattaraugus County observers in Little Valley project 70-80% color change and peak foliage with orange and red leaves of above-average brilliance. Allegany State Park will be just-past-peak this weekend. Leaves are still colorful – mostly yellow and orange – and the oaks are just starting to change colors. Chautauqua County observers expect near-peak to peak foliage with average-to-bright gold, red, orange, yellow and green leaves.
In the Greater Niagara region, Erie County spotters in the village of Springville project 70% color change by the weekend. Spotters reporting from the towns of Boston and Hamburg project 80-90% color change with some peak colors expected to appear in Boston. Look for yellow, orange and orange-red leaves of average brilliance and some very brilliant shades of red. Foliage observers reporting from Buffalo anticipate 50% change and near-peak foliage with beautiful bright shades of golden yellow, orange, red and purple.
In Genesee County, Batavia spotters project 50% color change with mostly red and purple leaves of average brilliance along with some purples and browns. In Orleans County, an average of 45% color change is expected, according to observers in Albion. Look for bright deep-red leaves, along with bright shades of yellow and orange. Foliage will be at midpoint of change in most areas of the county and near-peak in areas by the Great Lakes. Niagara County reports from Niagara Falls expect conditions ranging from beginning to midpoint of change with 25% color transition and average shades of yellow, orange and red.
In the Thousand Islands-Seaway region, Jefferson County observers from along the St. Lawrence River in Alexandria Bay expect peak conditions this weekend, with nearly 100% color transition and brilliant yellow, orange and red leaves. St. Lawrence County spotters in the village of Canton expect peak foliage with 75% change and red, orange, yellow and purple leaves of average brilliance. Oswego County observers anticipate 80-100% change and peak foliage this weekend. In northern Oswego County, yellows, oranges and reds have taken over with average-to-bright brilliance. The foliage along the Salmon River is quite colorful. Orange and red dominate the landscape in southern parts of the county with bright touches of yellow coming through.
In the Hudson Valley, foliage will range between near-peak and peak in Dutchess County, according to observers in Poughkeepsie, with 75% transition and bright yellow, orange and red leaves. Areas on the Hudson River will have more green leaves. Orange County reports from Goshen expect peak foliage with 75% color change and muted shades of gold. In Rockland County, observers in New City project 70% color change and near-peak foliage with average-to-bright orange, yellow and purple leaves. Spotters at Bear Mountain State Park expect 70% color change with brown, green, red and yellow leaves. In the Columbia County city of Hudson, foliage will be near-peak, with 60% color transition and gold and yellow leaves of average brilliance along with some splashes of maroon. Westchester County reports from White Plains anticipate foliage will be near-peak by the weekend with more than 50% color change and red, yellow and pink leaves of average brilliance.
On Long Island, observers at the Long Island Welcome Center in Dix Hills expect up to 30-50% color change across Nassau and western Suffolk counties with yellow, orange, red and purple leaves of average brilliance. The amount of color change will vary by area, with some pockets of near-peak foliage possible in park, pond and waterfront areas including Mill Pond Park in Wantagh, Nassau County. Spotters reporting from Tanger Outlet Center in Riverhead expect 25% change by the weekend with yellow, red and orange leaves of average brilliance. In Nassau County, color change in Manhasset will be around 20%. Look for brilliant shades of yellow, along with some remaining burgundy and mahogany leaves among plenty of green.
In New York City, observers reporting from Morris Park in The Bronx project 20% color change this weekend with light shades of green along with yellow and orange and some pops of red. There are also some leaves that have changed directly to brown.
Volunteer Leaf Peepers
The I LOVE NY team of volunteer Leaf Peepers, located throughout the state’s 11 vacation regions, are tasked with keeping track of the color change in their area as leaves progress each week. The information is then used for fall foliage reports, which are posted online each week, featuring a detailed map of color change throughout New York State, vantage points for viewing spectacular foliage, suggested autumn getaways and weekly event listings in each region.
About Fall Foliage
The weekly foliage report, a detailed map charting fall color progress, vantage points for viewing spectacular foliage, suggested autumn getaways and weekly event listings are available by visiting the I LOVE NEW YORK web site at www.iloveny.com/foliage. Reports are also available by dialing, toll-free, 800/CALL-NYS (800/225-5697) from anywhere in the U.S., its territories and Canada. To learn how to become a volunteer Leaf Peeper, e-mail your name, address and phone number to email@example.com. Fall foliage reports are also available by dialing, toll-free, 800-CALL-NYS.
Auburn woman hits ex-boyfriend, violates protection order
An Auburn woman is facing criminal charges after hitting a former boyfriend and violating a protection order against her, the Auburn Police Department said.
The APD said Shannon R. Whitmore, 24, of 39 Wall St., Apt. 2, invited the man, who has a protection order against her. They got in an argument at her residence around 10:30 p.m. Thursday. At one point, police said, she hit the man on the head, causing a cut. Police arrived around 12:30 a.m. Friday, and the man was transported to Auburn Community Hospital.
Whitmore was charged with aggravated criminal contempt, a class D felony, and third-degree assault, a class A misdemeanor. She was arraigned at Auburn City Court Friday and remanded to Cayuga County Jail in lieu of $2,500 cash or $5,000 bond. Her next day in court is Oct. 22.
Appeals court dismisses lawsuit against Auburn man convicted in overdose death
A lawsuit against an Auburn man who served prison time for a conviction related to an Auburn woman's overdose death was dismissed Oct. 8 by an appeals court.
Matthew M. Malenick was convicted in March 2014 for delaying emergency services to 25-year-old Jessica Gentile, who died of a heroin overdose in his residence on May 9, 2013.
Cayuga County District Attorney Jon Budelmann said in 2014 that Malenick had called an ambulance about three hours after he became aware of Gentile's medical distress and hid evidence of the pair's heroin use. Malenick pleaded guilty in Cayuga County court to third-degree criminal sale of a controlled substance, a felony, and third-degree falsely reporting an incident, a misdemeanor.
Judge Mark Fandrich sentenced him in April 2014 to five years in prison. Malenick was released from custody on Nov. 15, 2018, according to the state Department of Corrections and Community Supervision inmate database.
Jessica Gentile's mother, Michele Gentile, filed a civil complaint in January 2015 that named both Matthew Malenick and his parents, Mark and Jill, as respondents. It listed negligence, wrongful death and loss of services as causes of action against the defendants.
"In consequence of said injuries and permanent loss of her daughter, plaintiff, Michele Gentile, has been deprived of the society and companionship of her daughter, and her comfort and happiness has been impaired, and this deprivation and impairment is permanent," the lawsuit reads.
It also notes that Michele had to "incur significant expenses" because of her daughter's death. She asked to collect damages "in an amount above the jurisdiction limits" of the court that would include the costs accrued by the bringing the complaint, but did not specify an exact amount.
In response to the lawsuit, Malenick in May 2018 asked the state Supreme Court for a summary judgment to dismiss the complaint. His request for a summary judgment filed with the court argued that Gentile's family cannot pursue damages against Malenick for their daughter's participation in "dangerous, criminal acts," a reference to her illegal drug use.
Malenick also claimed that "there is no factual support for plaintiff's claim that Malenick was negligent in failing to contact 911 earlier" because, it claims, he found Gentile after she had been dead for at least an hour.
Fandrich denied Malenick's request in a decision issued in September 2018, which allowed the case to move forward. He granted a separate summary judgment for Malenick's parents in August 2018, dismissing the complaint against them.
Malenick appealed Fandrich's decision, and on Oct. 4, the state Appellate Division-Fourth Department unanimously reversed Fandrich's order and dismissed the case.
The appeals court decided that Gentile's family was not able to recover damages from Malenick, citing Gentile's "voluntary participation in dangerous, criminal acts." The decision states that Malenick submitted expert opinion evidence and his deposition testimony to establish that Gentile's death resulted from the use of heroin and several prescription drugs. That activity, which "unquestionably" constitutes serious criminal conduct, was the direct cause of Gentile's death, the appeals court wrote.
The Gentile family is considering their options for appealing to the state's highest court, said attorney Peter Littman of Littman & Babiarz Law Office in Ithaca, who is representing the family in the civil suit.
"This case is on the cutting edge of the law of personal responsibility for the welfare of those placed in danger by the actions of another responsible party," Littman wrote in an emailed statement to The Citizen. He said the appellate court's decision prevents the Gentiles from presenting evidence and testimony to a jury.
"Judge Fandrich was right in refusing to dismiss this case simply because the victim committed the illegal act of drug use, especially because the defendant had obtained and helped administer the drug to her. The appellate division decision ratifies such callous and irresponsible behavior by the defendant," Littman said.
Police: Children are stealing cars for joy rides in Auburn
The Auburn Police Department is asking the public to stop leaving keys inside vehicles following numerous motor vehicle thefts in the city.
Police Chief Shawn Butler said in a news release Wednesday that the department has investigated several recent incidents in which juveniles have stolen vehicles for joy-riding purposes. The department has also received numerous complaints about items being stolen from inside vehicles.
"Every one of these incidents have one thing in common," Butler said, "and that is the vehicles were all left unlocked and those involving actual vehicle larcenies the keys were left inside the vehicle."
Butler said that home surveillance videos reviewed by police show that thieves are out looking for the easiest target. "If a car door is locked they will move on until they find one that is not," he said.
Butler sad that there is not only a danger that a stolen vehicle will be damaged, but that the public is at risk while "sharing the roads with these often inexperienced and reckless drivers."
As the temperatures get colder, people are more likely to leave their vehicles running while stopping at a store on a quick errand, Butler said, noting that state law forbids leaving a running vehicle unattended. Butler said car owners should also consider their personal liability in the event of someone being injured by their vehicle after they had left it unattended.
Ex-Cayuga County sheriff's deputy sentenced for lying on time cards
AUBURN — A former Cayuga County Sheriff's Office deputy and part-time Moravia Police Department officer will avoid jail time after pleading guilty to two felonies and misdemeanor.
In a remorseful statement at his sentencing Tuesday in Cayuga County Court, Robert Brown said: "You trusted me to uphold the laws, and I broke them."
As a Moravia police officer, 43-year-old Brown, of 301 Indian Field Road in Genoa, lied on time cards about working an additional 106 hours between January and March.
He was arrested in April and charged with fourth-degree grand larceny, a class D felony, first-degree falsifying business records, a class E felony, and the misdemeanor of official misconduct.
He admitted to the grand larceny charge in May and pleaded guilty to the remaining two charges in June. Brown was promised a sentence no worse than shock probation of up to six months. He was also ordered to pay $2,000 in restitution, which he already paid.
Sentencing was originally scheduled for Sept. 17, when Judge Mark Fandrich delayed it until Tuesday because he was not satisfied with comments Brown made to the Tompkins County Probation Department during his pre-sentence investigation.
In court on Tuesday, Cayuga County District Attorney Jon Budelmann said that Brown was "indicating something completely different" in the report by asserting that the additional hours he put in for accounted for work he was doing off the clock.
Budelmann said he was glad Brown took responsibility in his statement to the court, because he found the previous comments "quite troubling," but left any additional sanctions up to the court.
Defense attorney Rome Canzano said he was shocked when he became aware of the case against Brown, whom he has known for many years. "I always found Mr. Brown to be someone I could rely on," he said.
Canzano asked Fandrich to consider "significant" community service as a possible sanction for Brown's comments.
Brown was ultimately given a conditional discharge of three years on both felony charges to run concurrently with each other. He was also given one year of conditional discharge for the misdemeanor, which will also run concurrently.
The conditions of the conditional discharge include that Brown does not violate the law for the next three years and that he completes 250 hours of community service over the next year.
Also in court:
• A 25-year-old Auburn man was sentenced to two to four years in prison, an outcome he indicated in court that he wished to appeal.
Joshua Vroman, formerly of 36 Franklin St. in Auburn, attempted to defraud someone of $800 using forged checks. He pleaded guilty July 9 to second-degree attempted possession of a forged instrument, a class E felony.
Defense counsel Todd Sloan advocated for Vroman to receive drug treatment at Willard Drug Treatment campus, which includes in-patient drug treatment for 90 days.
"How many chances am I supposed to give Mr. Vroman?" Fandrich asked. Both he and Budelmann opposed Vroman entering into the program at Willard Drug Treatment Center based on previous failures in other kinds of drug treatment programs.
"This is the last chance. This is the last opportunity," Sloan said.
Fandrich denied Vroman treatment in Willard, but allowed him to be eligible for comprehensive alcohol and substance use treatment during his two to four years of incarceration.
While Vroman signed his notice of the right to appeal, Sloan said his client indicated on the paperwork that he did wish to appeal the outcome.
• Fandrich issued an arrest warrant for an Auburn man named Nicholas Wagar who did not appear in court. Wagar, 33, of the upper apartment on 42 Grover St. in Auburn, was expected to plead guilty to third-degree burglary, a class D felony, and petit larceny.