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Royalton sex offender imprisoned for three felonies

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LOCKPORT – A Level 1 sex offender was sentenced Wednesday by Niagara County Judge Sara Sheldon Farkas to four years in prison, 10 years of post-release supervision and fees totaling $1,425 for three felonies.

Michael W. Lanham, 24, of Akron Road, Royalton, had pleaded guilty to violating the Sex Offender Registration Act by not informing the state of an Internet account he had opened, and also had admitted to violating probation on two 2010 convictions from Genesee County: third-degree rape and possession of a sexual performance by a child.

Assistant District Attorney Elizabeth R. Donatello told Farkas that Lanham’s probation officer said Lanham was still surfing the Internet for pornography and also was visiting nudist websites to look at photos of naked children.

“I’d rather do the time and get myself straightened out,” Lanham said. “I don’t want to be this person.”

Lockport woman admits sexual relationship with minor

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LOCKPORT – A woman who had a long-running sexual relationship with an underage boy, including bearing his child, pleaded guilty to a reduced charge Wednesday in Niagara County Court.

Christine Baez-Melendez, 31 of Genesee Street, Lockport, admitted to attempted third-degree rape and could go to jail for a year when she returns before County Judge Sara Sheldon Farkas April 9.

Assistant District Attorney Elizabeth R. Donatello said the boy is 18 now, but he was 14 when he and Baez-Melendez started having sex. At the time, both were living in Yonkers. They moved to Lockport separately in 2011, and the guilty plea involved sex in December 2011.

Donatello told Farkas that Westchester County authorities are not interested in prosecuting Baez-Melendez for sex with the underage boy in their jurisdiction. The couple’s child, a 2-year-old daughter, is one of four daughters the woman has.

10th Street Gang member pleads guilty to drug charge

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A former 10th Street Gang member could be released soon because of his guilty plea Wednesday before U.S. District Judge Richard J. Arcara.

Johnathan Serrano, 23, pleaded guilty to a marijuana distribution charge that carries a recommended maximum sentence that is shorter than the time he’s already spent in jail.

Defense lawyer Cheryl Meyers-Buth said Serrano, 23, will likely be released soon.

Assistant U.S. Attorney Joseph M. Tripi said Serrano, who has been in jail for 49 months, is facing a recommended sentence of up to 46 months.

His plea agreement is the result of an investigation by the FBI’s Safe Streets Task Force.

County to pay $600,000 to ex-Holding Center inmate

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Erie County will pay $600,000 to a former Holding Center inmate who claims he was denied adequate medical treatment.

Quandrell Ivey of Buffalo sued the county in 2010 claiming he was denied proper medical care for the necrotizing faciitis, or flesh-eating infection, that doctors later said was affecting his left leg.

Ivey, in his federal court complaint, claims he reported to the Holding Center’s medical unit on three separate occasions in 2009 and each time was sent back to his cell without adequate treatment.

The suit says he was eventually transferred to the Erie County Medical Center where he was properly diagnosed and treated.

County officials confirmed the details of the settlement.

Hartland crash victim identified as Gasport woman

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HARTLAND – The Niagara County Sheriff Department identified a driver killed in a one-vehicle crash Tuesday night as Filica Rutherford, 36, of Gasport.

The cause of the crash remains under investigation, but deputies at the scene said Rutherford may have been traveling at an unsafe rate of speed for the condition of the roads, which were snow covered and slippery at the time.

Rutherford’s vehicle was traveling east bound on Ridge Road in the Town of Hartland at about 10 p.m. Tuesday when it veered off the road and struck a tree in the front yard of a house at 8549 Ridge Road, according to Niagara County Sheriff’s office reports.

Rutherford was taken to Eastern Niagara Hospital in Lockport where she was pronounced dead.

Town of Sheldon man arrested for underage drinking party

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WARSAW -- A 20-year-old Town of Sheldon man has been arrested for hosting an underage drinking party at his home last weekend, the Wyoming County Sheriff’s Office reported Wednesday.

Bradley Clark, of 3448 State Route 77, was charged with unlawful dealing with a child in the first-degree following an investigation by Sgt. Erik Tamol and Deputy Aaron Chase.

When a car driven by a sober person was stopped on State Route 98 about 3:30 a.m. Sunday, deputies reported finding four underage passengers in the car, all of whom had been drinking. As a result of the routine traffic stop it was learned Clark had been hosting a party at his home and was knowingly providing alcohol to underage persons. Following an arraignment in Sheldon Town Court, Clark was ordered to return there for further proceedings on Feb. 10.

North Tonawanda man gets 37 months in prison over cocaine charges

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A North Tonawanda man convicted of dealing cocaine in Niagara and northern Erie counties has been sentenced by U.S. District Judge Richard J. Arcara to 37 months in prison.

William Hutchins, 37, pleaded guilty to conspiracy to distribute cocaine and maliciously destroying a vehicle by means of a fire as part of his plea deal.

Assistant U.S. Attorney Timothy C. Lynch said Hutchins conspired with others in 2009 to sell cocaine and later set fire to a vehicle that was used for drug trafficking.

His sentence was the result of an investigation by the FBI, Niagara County Drug Task Force and Niagara Falls and Amherst police.

Man sought in hold up try of Kenmore gas station

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Kenmore police are searching for the man with a gun who tried to hold up a Military Road gas station Sunday night.

The man entered the Gulf Mart at 877 Military Road and took two cans of Mountain Dew to the register, police said. As the cashier rang up the items, the man pulled out a black handgun and told the cashier to hand over money “nice and easy,” police said.

When the cashier reached under the counter, the suspect fled the store south on Military behind Our Bar and Mike’s Restaurant. Officers were able to track the suspect’s prints in the snow to West Hazeltine Avenue where they believe he was walking eastbound in the street.

The suspect was described as a white male, five foot six inches tall, wearing all black.

Upstate New York takes lead in insured citizens

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Not only do Western New York and upstate New York have lower uninsured rates than the state, and nation, as a whole, but the rate is lower today than the goal set for the country 10 years from now.

If upstate New York – in this case, the 39 counties covered by Univera Healthcare and its parent, Excellus Health Plans – were its own state, it would have the fourth-lowest uninsured rate among the 50 states, according to U.S. Census Bureau data analyzed by Univera.

The Univera report found Western New York between 2010 and 2012 had an uninsured rate of 7.8 percent, lower than the rate for any other region within upstate and slightly better than the overall upstate rate of 8.4 percent.

The Western New York and upstate New York rates were themselves better than the statewide rate of 11.4 percent and the national rate of 15.1 percent.

“What that means,” Univera President Art Wingerter said in a statement, “is that 324,000 more upstate New Yorkers have health insurance than would have coverage if we were at the national rate.”

If the national population were insured at the rate for upstate New York, 21 million more people would have health insurance, Univera found.

The Western New York region and upstate as a whole also outpace the goal outlined last May in a Congressional Budget Office report, which predicted that the health insurance coverage rate for the younger-than-65 American population would reach 89 percent by 2023, leaving 11 percent uninsured.

“Before federal health care reform could even have an impact, our region started where the nation as a whole hopes to be nine years from now,” the Univera president said.

Part of the reason for the high insurance rate in Western New York and upstate New York is the large number of people who get coverage through an employer.

In Western New York, 62.7 percent of residents have insurance through an employer, comparable to the 62.5 percent for upstate New York and well above the 54.8 percent for the country.

“From a taxpayer’s perspective, job-based health insurance is preferable to government-based coverage, because it costs taxpayers less,” Wingerter said.

email: swatson@buffnews.com

S&P 500 ekes out another small gain, but IBM’s slump drops Dow index

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NEW YORK – The Standard & Poor’s 500 index eked out its second small gain of the week Wednesday as investors pored over the latest earnings reports.

Norfolk Southern climbed after the railroad company said its fourth-quarter profit rose 24 percent, better than Wall Street analysts had forecast. TE Connectivity, an electronics company, was the biggest gainer in the S&P 500 after its earnings beat analysts’ expectations and the company posted a strong earnings outlook for the second quarter.

But there were also some high-profile disappointments.

IBM fell after the computing company reported lower-than-expected revenue in the period. AMD slumped after the chipmakers’ first-quarter revenue outlook rattled investors.

Companies are still increasing their earnings and are forecast to log record quarterly profits for the period, but much of the improvement in recent years has come from cutting costs. As the economy strengthens, investors are increasingly looking for evidence that companies can increase revenue.

“There’s not a lot of cost left for companies to squeeze out,” said Andy Zimmerman, chief investment strategist at DT Investment Partners, an investment advisor.

The S&P 500 index rose 1.06 point, or 0.1 percent, to 1,844.86. The index traded within a range of just six points on Wednesday. After a small gain on Tuesday, the index is six points, or 0.3 percent, higher for the week.

The Dow Jones industrial average fell 41.10 points, or 0.3 percent, to 16,373.34. Most of the Dow’s losses came from IBM’s slump. The computer service company’s stock fell $6.18, or 3.3 percent, to $182.25.

In other trading, the Nasdaq composite climbed 17.24 points, or 0.4 percent, to 4,243.

Among the day’s winners, TE Connectivity jumped $3.70 or 6.6 percent, to $60 after its earnings report. Norfolk Southern climbed $4.23, or 4.8 percent, to $92.94 after the rail company said its fourth-quarter profit rose 24 percent.

Despite the lackluster start to the year, most investors see no cause to call an end to the stock market’s rally just yet. The S&P 500 is down 0.2 percent in 2014 after a gain of almost 30 percent last year.

“You had a massive run last year,” said Russ Koesterich, chief investment strategist at BlackRock. “And it’s not unreasonable that the market digests those gains.”

So far, the stock market has failed to get a lift from the company earnings reports that have come out.

Companies are forecast to increase their fourth-quarter earnings by 5.4 percent over the same period a year earlier to a record $27.77 a share, according to S&P Capital IQ data. That would be a slight decline from the third quarter growth rate of 5.6 percent and lower than last year’s pace of 7.7 percent.

Much like last year, small companies are again outperforming their larger counterparts. While the S&P 500 has moved sideways since the start of year, the Russell 2000, an index that tracks smaller companies, is up 1.5 percent. The Nasdaq composite is up 1.6 percent.

In government bond trading, the yield on the 10-year Treasury note climbed to 2.86 percent from 2.83 percent late Tuesday.

Among other stock making big moves:

• Netflix surged $55, or 16 percent, to $388 in after-hours trading after the video streaming company posted earnings that beat analysts’ expectations and added another 2.3 million U.S. subscribers.

EBay earnings and revenue grow

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NEW YORK – EBay said Wednesday that earnings and revenue grew in the last three months of 2013, driven by a strong holiday season for its e-commerce site and its fast-growing payments business, PayPal.

The company also said it has received a notice from activist investor Carl Icahn seeking a spinoff of PayPal. But eBay said it has looked into that and does not believe it is best for shareholders.

“Payment is part of commerce, and as part of eBay, PayPal drives commerce innovation in payments at global scale, creating value for consumers, merchants and shareholders,” eBay said in a statement.

EBay Inc. earned $850 million, or 65 cents per share, in the October-December period. That’s up 13 percent from $751 million, or 57 cents per share, a year earlier.

Adjusted earnings were 81 cents per share, beating analysts’ expectations by a penny.

Revenue grew 13 percent to $4.53 billion from $3.99 billion. Analysts surveyed by FactSet had expected revenue of $4.55 billion.

Regarding Icahn, eBay said the billionaire investor also nominated two of his employees to the company’s board and now owns a stake of 0.82 percent in eBay.

Shares of San Jose, Calif.-based eBay rose $3.92, or 7.2 percent, to $58.33 in extended trading. The stock had closed up 26 cents at $54.41.

Community Bank System’s net income falls 17.5 percent

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Community Bank System reported a 17.5 percent drop in net income in the fourth quarter from a year ago, stemming in part from the sale of some assets.

DeWitt-based Community Bank recorded net income of $15.5 million, compared with $18.8 million in the fourth quarter of 2012. Its diluted earnings per share was 38 cents, down 19 percent from a year ago.

Community Bank said the drop in profits was influenced by the bank’s sale of collateralized debt obligations and other actions that resulted in a pretax loss of $6.9 million. The bank said it did so in response to “uncertainties” related to the Volcker Rule, which blocks banks from trading for their own profit. The rule is part of the Dodd-Frank law, which was passed after the 2008 financial crisis.

Community Bank’s net interest income in the fourth quarter was $60.6 million, up about 1 percent from a year ago. Its non-interest income was $21.4 million, down from $26.2 million, and its revenues were $88.9 million, up 3.1 percent from $86.2 million in 2012.

DeWitt-based Community Bank has 34 branches in Western New York, along with some administrative operations in Olean. During the fourth quarter, the bank completed a deal to acquire eight Bank of America branches in Northeast Pennsylvania.

For all of 2013, Community Bank recorded net income of $78.8 million, up 2.3 percent from a year ago.

“The whole of 2013 was a very productive year for the company,” said Mark E. Tryniski, Community Bank’s chief executive officer, in Wednesday conference call with investors.

email: mglynn@buffnews.com

Target drops health insurance for its part-time employees

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Target Corp. will end health insurance for part-time employees in April, joining Trader Joe’s Co., Home Depot Inc. and other U.S. retailers that have scaled back benefits in response to changes from the Affordable Care Act.

About 10 percent of part-time employees, defined as those working fewer than 30 hours a week, use Target’s health plans now, according to a posting on the Minneapolis-based company’s website. Target is the second-largest U.S. discount retailer by sales and had about 361,000 total employees last fiscal year, according to data compiled by Bloomberg.

The U.S. Patient Protection and Affordable Care Act is the largest regulatory overhaul of health care since the 1960s, creating a system of penalties and rewards to encourage people to obtain medical insurance. The law known as Obamacare doesn’t require most companies to cover part-time workers, and offering them health plans may disqualify those people from subsidies in new government-run insurance exchanges that opened in October.

“You see a lot of retailers making adjustments in contemplation of the full effect of the employer mandate penalties in 2015,” said Neil Trautwein, a lobbyist with the National Retail Federation. “Even though it is not effective yet, it is already having an effect on the job market and putting companies where they would probably not otherwise want to be.”

The move should also reduce the cost of Target’s health benefits, Trautwein said.

The health law requires all companies employing 50 or more people to offer health insurance to those working at least 30 hours a week starting in 2015. Those that don’t comply may be liable for fines of as much as $3,000 per worker.

“Health care reform is transforming the benefits landscape and affecting how all employers, including Target, administer health benefits coverage,” Jodee Kozlak, Target’s executive vice president of human resources, said in the Web posting. She cited “new options available for our part-time team and the historically low number of team members who elected to enroll in the part-time plan.”

No Target workers will see their hours cut as part of the change, she said. A Target spokeswoman, Jill Hornbacher, wouldn’t say how many part-time workers the company employs, saying in an e-mail that the number “fluctuates often.”

The Affordable Care Act created new government-run health insurance exchanges to sell coverage to uninsured people, often with premiums discounted by federal subsidies. It disqualifies Americans for subsidies at the exchanges if they have an offer of “affordable” coverage from their employers, defined as an insurance premium less than 9.5 percent of their income. Target plans to pay $500 to part-timers losing coverage, and a consulting firm will help those workers sign up for new ACA plans. It said on its website that many part-time workers may prefer coverage from the health law’s exchanges and that by offering them insurance, “we could actually disqualify many of them from being eligible” for subsidies.

Coverage for employees who work fewer than 30 hours will end April 1, Target said. Open enrollment for 2014 under the Affordable Care Act closes a day earlier.

City snow plow driver admits drunk driving

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A City of Buffalo snowplow driver pleaded guilty today to drunken-driving, assault and unauthorized use of a motor vehicle for striking a building and a cab driver last month on the East Side.

James Evans, 47, of Buffalo, admitted in City Court that he was driving a plow that struck a building near the intersection of Bailey and Arden avenues about 5 a.m. Dec. 15, then hit the cab driver near Eggert Road and Kay Street, according to Erie County District Attorney Frank A. Sedita III.

The driver was taken to Erie County Medical Center and treated for non-life-threatening injuries, including a broken left hand.

Evans was arrested at his home and suspended without pay.

City Judge Debra L. Givens ordered Evans to undergo drug treatment. She set further proceedings for Feb. 19.

Evans was released on $25,000 bail.

email: citydesk@buffnews.com

Diocese will challenge Vatican decision on St. Ann Church

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The Diocese of Buffalo will appeal a Vatican decree that upheld parishioners who are trying to save historic St. Ann Church on Buffalo’s East Side, Bishop Richard J. Malone said Tuesday.

The decree, issued Jan. 7, forbids the use of the 128-year-old Gothic Revival church at Broadway and Emslie Street for non-religious purposes and forbids any potential developer from converting it to other uses.

The church was closed in April 2012 because of its deteriorating condition. After repair costs were estimated at $8 million to $12 million, the diocese announced last August that it would be torn down. St. Ann Parish was merged with SS. Columba-Brigid in 2007.

In a statement Tuesday, the diocese said Bishop Malone is reviewing the decree and will appeal to the Apostolic Signatura, the Catholic Church’s highest judicial authority. The statement also noted that “it will also be up to the bishop to decide what will happen with the use of St. Ann Church in the interim.”

Sloan man indicted, arraigned in dog cruelty case

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A Sloan man charged in the death of a family dog has been indicted and arraigned on a felony charge of aggravated animal cruelty, Cheektowaga court officials announced today.

Michael Tortorici, 58, had been scheduled for a preliminary hearing today in Cheektowaga Town Court, but it was canceled because officials said Tortorici had been arraigned on the indictment Jan. 9 before Erie County Judge Michael L. D’Amico.

Tortorici is accused of punching, kicking and beating Max, the family’s 8-year-old German shepherd, with a wooden bar stool and a piece of lumber on Nov. 3 at his home on Broadway before shooting the 86-pound dog in the abdomen.

He told police he shot the dog because it attacked him.

Tortorici faces up to four years in prison if convicted. The judge scheduled a pretrial conference March 4 and trial July 21.

Buffalo contingent joins thousands of anti-abortion protesters in D.C. today

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WASHINGTON – Thousands of anti-abortion protesters, including a contingent from Buffalo, prepared this morning to testify to their faith in the harshest of conditions, as the 41st annual March for Life was set to take place in a snow-covered capital where wind chills were hovering below zero.

The winter storm and polar vortex that socked Washington Tuesday weren’t enough to stop the protesters who were able to make it to the city – although many people could not. Flights from Buffalo to Washington were canceled Tuesday, meaning Bishop Richard J. Malone of the Diocese of Buffalo and countless other regular attendees could not make it to the March for Life.

As a result, about 75 people from the diocese – about half the usual number – attended a breakfast Mass this morning at the Washington Plaza Hotel. Afterwards they braced for a protest march that would be dangerous for anyone not properly bundled up against the cold.

“People are asking us: why would you crazy people still go?” said Cheryl Calire, director of pro-life activities for the diocese.

And the answer, for the protesters from Buffalo, was that they still have work to do to make sure that one day, abortion – which they consider to be murder – is banished from the country.

“We need to get rid of Roe v. Wade,” the 1973 Supreme Court decision legalizing abortion, said Pat Johnson, 78, of Forestville, in Chautauqua County, who was attending at least her 15th March for Life.

Pat Morelle, also of Forestville, agreed. Morelle, 71, said she keeps coming to the March for Life because people need to be reminded again and again of the horrors of abortion.

“This is just part of our lives,” she said of her anti-abortion activities. “We live it because we have to.”

After the breakfast, the marchers from Buffalo were set to join thousands of the like-minded for a noontime rally on the National Mall. Then, at 12:45, the annual March for Life will begin, as protesters march to the Supreme Court to mourn the anniversary of the Roe v. Wade decision.

Meantime, as usual, abortion-rights protesters are expected to line the parade route to press their case that abortion is a necessary option for many women who get pregnant unexpectedly and cannot support a baby.

email: jzremski@buffnews.com

Woman, boyfriend dead in Cattaraugus shooting

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LIMESTONE – A man and woman were killed shortly afternoon Wednesday and another man is hospitalized with a self-inflicted gunshot wound, Cattaraugus County sheriff’s officials reported.

Cattaraugus County Sheriff, Timothy Whitcomb said an unidentified man and woman were shot to death by the ex-husband of the woman when she and her boyfriend approached the home at 5340-5342 Nichols Run Road in the Town of Limestone.

“What we have is a double murder and an attempted suicide,” Whitcomb said. “We have a couple that was married no longer. The wife and her new boyfriend were going to the residence to retrieve some of her belongings. Her ex-husband was laying in wait for them.”

After apparently shooting the woman and her boyfriend to death, the unidentified man turned the handgun on himself, resulting in critical wounds, Whitcomb said. He was transported to Hamot Medical Center in Erie, Pa.

“There was a witness to the beginning of the shooting,” Whitcomb said. “He very quickly put distance between himself and the situation to call our department.”

The sheriff’s office is “aggressively” making attempts to notify family of the victims, as well as the man that is alleged to have done the shooting, the sheriff said.

Whitcomb would not comment on the weapon, other than to say it was a handgun. He also would not comment as to how long the man and woman had been divorced.

The investigation is continuing.

With Buffalonians drinking the vodka, Lockhouse plans gather steam

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Saturday, Buffalonians proved that they will line up for more than Popeyes fried chicken and Krispy Kreme doughnuts. They also will line up for vodka.

Not just any vodka, though. People queued up for as much as two hours to buy Lockhouse Distillery’s signature product, distilled from grapes grown in Lockport, for $35 a bottle. It was the third release from the first distillery to open in Buffalo since Prohibition.

Buffalo’s producer of boutique vodka started selling after Thanksgiving and has seen so much demand that it’s knocking down walls in its Great Arrow Avenue space and ordering stills to increase its liquor output tenfold. Lockhouse has made almost 2,000 bottles so far and sold every one, said business manager Thomas Jablonski.

“We planned to be busy, but we could never have fathomed the kind of excitement that people had,” Jablonski said. “We’ve put out a quality product that’s hit a note with some people.”

The operation’s 100-gallon stills have been running 22 hours a day, operating six days a week to produce 300 to 400 750-milliliter bottles.

“We can’t even make enough at this point to meet the demand from people who are willing to leave their house on Saturday and wait in line outside, much less be able to distribute to bars, restaurants and liquor stores,” he said.

Those stills can make more than vodka, too. The first barrel of rye is already aging, and a gin is planned for summer.

By this summer, Lockhouse plans to quadruple its site to 4,000 square feet and install two more stills, of 600- and 300-gallon capacity.

“By this summer, we hope to be able to offer Buffalo its own gin and a digestif after-dinner drink. “We should have significant amounts of rye available by 2015,” he said. “Full steam ahead.”

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Black Rock gourmet bakery Delish will premiere its new line of gluten-friendly baked goods with a tasting from 2 to 4 p.m. Saturday.

Owner Deb Clark said she’s been working on the recipes for two years. There are pecan pies, peanut butter crisp bars, chocolate caramel shortbread bars, cupcakes, macaroons and more. The treats are made with gluten-free ingredients, but Clark calls them “gluten-friendly” because they’re baked in a kitchen that also makes non-gluten-free items. So people with extreme gluten sensitivities can be cautious.

Send restaurant news to agalarneau@buffnews.com

A chronicler of Niagara talks about his poetry and more

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LEWISTON – The Lewiston Arts Council has chosen local poet and retired college English professor E.R. Baxter III to launch its new poetry/music series beginning at 7 p.m. Feb. 11 in the Lewiston Opera Hall, 732 Center St.

Eva Nicklas, the council’s artistic director, said, “I loved his book, ‘Niagara Digressions,’ and look forward to hearing him read some of his poetry from his new book, ‘Niagara Lost and Found: New and Selected Poems,’ in the cozy and intimate setting of the Lewiston Arts Café.”

“I’ve gotten to know Bob Baxter a little bit and have found that beneath his tough exterior dwells the heart of a poet warrior,” she added. “His writing is often hilarious and sometimes bittersweet. He’s one of Western New York’s literary treasures.”

Describing a barn on his Wilson farm, Baxter writes, “The outer skin of the barn, tongue and groove siding applied vertically, keeps the cold wind from the animals. The barn had been painted red, darker than ox blood, so long ago that it may even have been the year it was built (1900), and not repainted since. It’s faded now, the blush of a half-remembered embarrassment that refuses to be forgotten altogether. A reddish chalk bleeds onto the palm or the shoulder when someone brushes against it.”

Canisius College English professor Eric Gansworth, once a student of Baxter’s, and now a close friend, accomplished writer and respected reader, wrote the introduction to “Niagara Digressions.”

Gansworth wrote, in part, “This book, in its more unorthodox style, is closer to truth than most of the memoirs with which you might already be familiar. It’s an aesthetic representation of the way we really see our lives, if we are at all careful listeners and viewers, witnessing the way we perceive the world.”

Baxter calls himself a “late-night writer” who routinely starts working around 11 p.m. He recently took some time to share his colorful early memories and to mull over the writing life.

Please tell us a little about your background – where you grew up, went to school, held your first jobs, for example.

I was born and raised in Niagara Falls, on the northwest, industrial fringe of the city proper, on Virginia Avenue. That matters only because it was where the “street namers” were running short on imagination – avenues to the north and south of me were Rhode Island and Tennessee – and the pathetic thing about that is: I was into my teens, I believe, before it dawned on me they’d been named after states. This might speak to the advisability of teaching very young schoolchildren the history of their own neighborhoods along with the other events of the country’s stories.

There were about 15 families spread along the three blocks of those avenues, homes dispersed among the bare fields, the nearby factories and railroads as backdrops. We thought it was a wonderful place as kids. We were acquainted early on with the basic elements: factory smokestacks spewing smoke, huge coal piles, cinders (that paved our avenues), steam engines and railroad cars, steel, pallets, chain-link factory fences with strands of barbed wire along the top – and also the nature of the fields where we ran and played, the weeds, the wildflowers, daisies, Queen Anne’s lace, burdock, milkweed … monarch and other butterflies, praying mantises, the toads and snakes, field mice, and so on. Our fathers and grandfathers worked in those factories, and some of us would work there when we were old enough.

I attended Trott Vocational High School, carpentry, having been advised there by a North Junior High School counselor, who noted I was taking wood shop (required) and, therefore, because I “liked working with wood,” was an ideal candidate. Enrollments for Trott must have been dropping, I realized years later. I did end up working on the Power Project as a “carpenter’s helper,” which, in the world of reality, was a laborer. Before that, I cut lawns like most teenagers looking for a few bucks in those times, caddied, worked as a dishwasher in the old Busy Bee restaurant, then at International Graphite, and at Pittsburgh Metallurgical on the yard gang.

When did you decide to become a writer?

There wasn’t a time when I decided to be a writer. I just “always was one,” writing little stories and what I thought were poems since I was a little kid. I have a friend whose wife once said about him, “I don’t think he’s ever done anything on purpose in his life.” I laughed when she said that, but it described me, too, to some extent.

How long did you teach English at Niagara County Community College and what did you enjoy most about it?

What I enjoyed most about my over 20 years at NCCC was the free exchange of ideas with students, the back and forth, the discussions, the analysis of pieces of writing with them – all an absolute joy in my memory. There’s little that beats the pleasure of seeing that light go on in someone’s eyes: They “get it!” It was really something to see a student write something good after long struggle, and we both knew it!

What’s your method of writing? Pen and paper or computer? And how would you describe your style?

I scribble that first draft by hand, pencil or pen, on notebook paper, usually. When the ideas flood in faster than I can write, I jot notes in the margin that I can go back to. I try to tell the truth about human relationships, the joys, the sorrows, the aggravations and conflicts – and to do so in memorable language – or at least in language that doesn’t for one reason or another get in the way of the thought or story. My writing “style” is for others to make judgments about.

What’s the reason for the unusual structure of “Niagara Digressions”?

The book begins with one person requesting that another tell a story. That first story leads to another and another, sometimes linked by an idea or an image, at other times by word association, from family to local history to wider perspectives.

This is the way people talk naturally. They veer away from a topic and come back to it. For example, the narrator tells a story about retrieving a deer bone from the Niagara Gorge as a child; later, the reader finds out about the early settlers on the Niagara Frontier protecting their corn crops from deer by surrounding the plots with pointed stakes; more recently, deer have impaled themselves on the ornamental points of the fence around the cemetery in Williamsville; the cover of the book is a photo of a deer’s rib cage on a fence post (the focus of yet another story); these stories by now have expanded to include Georgia O’Keeffe and her marvelous paintings of skulls and bones.

Threads of other stories, little and large, weave in and out of this ongoing narrative.

I think one of the final paragraphs sums it up: “… There are only a few pages left, and you may be wondering where all of this has been going, how it’s going to end. There were buffalo, and deer, and that golden shoulder blade. There was johnny cake and maple syrup, Georgia O’Keeffe positioning her bones, a bear that used to be a rug and a housecat that used to hold an ashtray becoming uneasy friends and wandering off together, and Richard Brautigan and my Grandfather Pa crawling on their hands and knees down some long, dusty road.

There were the Burroughs brothers singing their broken blues, Bloody Run, stories about drinkers, and way back there, Straight Arrow, the best friend you ever had, and the flutter of monarch butterflies down through the years and Kid McCoy, Uncle Earl and Christmas, cowboys and Indians, foxes, pigeons, including the vanished passenger pigeon, reflecting pools and a cave painting, poems and porcupines, and an assortment of other stories told for the sake of telling, because of the voice that came out of the dark.”

...

“Niagara Digressions” was selected by ForeWord Reviews as one of three 2012 Books of the Year, in the adult nonfiction, ecology and environment category. Both “Niagara Lost and Found: New and Selected Poems” (published by Abyss Publishing) and “Niagara Digressions” (published by Starcherone Books) are available at the Book Corner in Niagara Falls, the Market Street Art Center in Lockport and Talking Leaves in Buffalo. Visit the author’s website at: www.erbaxteriii.com.

Know a Niagara County resident who’d make an interesting question-and-answer column? Write to: Niagara Weekend Q&A, The Buffalo News, P.O. Box 100, Buffalo, NY 14240, or email niagaranews@buffnews.com.
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