Category: PostNews

NIAGARA FALLS N.Y. (WIVB) — Bars and restaurants in Niagara Falls are preparing for a busy Thursday night. The event Thursdays on Third is back and it draws hundreds to the business district.

This event is still new to the area and businesses hope that over time it picks up momentum and draws in customers on both sides of the U.S. and Canada border.

“The more the better, I’m very excited,” said Joe Hotchkiss who owns Power City Eatery on Third street. “For us, we’re normally closed at night, but it gives people who can’t get to us at night an opportunity to come see us. So we get exposure that we might not get during the day.”

The weekly summer event was started last year by Bill Olesiuk, who owns the Craft Bar and Grill on Third Street. He said he wanted to give people a reason to stop by the businesses in the Falls while enjoying music and local food.

“It gets a lot of other people to be able to see what we have,” he said. “It gets other people to see what goes on in Niagara Falls that we really are. We really are one of the natural wonders of the world and it’s only a block away from the bridge in the Falls from here. It’s just a good day.”

This is the first summer Canadian tourists can stop by for Thursdays on Third, now that there are fewer restrictions on border travel.

“It’s awesome to see the people back on Third Street, especially Canadians,” Olesiuk said. “We like to talk about how it was back in the day but we’re talking about how it was last Thursday.”

However, not all restrictions have been lifted. Canada has extended its requirements for travelers looking to cross into Canada. It includes requiring people to have the arriveCAN app to show proof of a COVID19 vaccination.

The requirements for travelers arriving in Canada are expected to remain in effect until September 30th.

WASHINGTON (WIVB) — On the final day of session, the Supreme Court said they would hear Louis Ciminelli’s case in their next term, which begins on the first Monday of October.

Ciminelli was convicted of fraud and conspiracy in 2018 after a circuit court ruled that Ciminelli and three others rigged the bidding process in the Buffalo Billion project, steering contracts for the Riverbend Project. His company, LPCiminelli, was the general contractor for this portion of the project, which includes the Tesla facility in South Buffalo.

The petition challenges the right-to-control theory, saying the courts do not have the authority to decide the right to control in fraud cases.

Federal judge upholds Buffalo Billion convictions

“The petition challenges the court’s central legal holding that the right-to-control theory states a valid basis for wire-fraud liability and that, under that theory, the evidence was sufficient,” the petition says.

Ciminelli’s legal team argues the right-to-control theory is flawed, so much so that the Court of Appeals is divided on it.

The Supreme Court takes a small portion of the cases they are presented with. Legal expert Barry Covert calls this a great day for Ciminelli.

“They only take less than 200 cases per year. So it is very significant that the Supreme Court has accepted this case for review,” Covert explained. “Had they denied the circuit petition. He would be done. He would be serving the rest of his time. He would be a convicted felon the rest of his life.”

The debate over the right-to-control theory centers on one question: Which branch of government has the authority to decide criminal fraud liability?

Whether the Second Circuit’s “right to control” theory of fraud-which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud states a valid basis for liability under the federal wire fraud statute, 18 U.S.C. § 1343.

Supreme Court

“He really has an opportunity here for the Supreme Court to rule his way and find that the judicial branch should not be imposing new theories of criminal liability for fraud. That’s should be for Congress to do. They’re the ones who enact the laws,” Covert explained.

Ciminelli began serving his 28-month federal prison term earlier this year in Arizona after the Second Circuit Court convicted him four years ago. If the Supreme Court rules in his favor, he could be a free man with a clean record.

Louis Ciminelli now behind bars in Arizona

“If the Supreme Court rules in that fashion he will be let out. He will not be a convicted felon. he will serve no more jail time,” Covert said.

The Supreme Court has not released its full schedule for the next term. It is unclear when the hearings and oral arguments will begin.

ANGOLA, N.Y. (WIVB) — Summer camp Cradle Beach is celebrating 134 years with a new welcome arch, donated by Wegmans, to welcome campers.

The new welcome arch serves as a symbol of Cradle Beach. Wegmans feels it represents the safe and inclusive environment the camp provides to children.

For four years, Wegmans has been partnered in a non-profit arrangement with Cradle Beach, helping maintain the property and providing corporate guidance on sustainability planning.

3 kids burglarize a home on Chautauqua Lake

“The countless hours Wegmans contributed to our campus and our programming is simply invaluable to our organization, said Ann-Marie Orlowski, CEO, Cradle Beach. “They helped us complete tasks that our small, but mighty team cannot always get to. We cannot say thank you enough for all Wegmans has contributed, and for this beautiful gift that will welcome all who come to experience the magic of Cradle Beach.”

A list of new programs has been added to Cradle’s Beaches 2022 summer program, expanding from five to eight summer camp sessions.

To learn more, click here.

BUFFALO, N.Y. (WIVB) — It’s another step toward reconnecting Buffalo’s East Side: residents spent the day Thursday voicing what they would like to see happen with the Kensington Expressway.

This was the latest step in the $1 billion project to revitalize NY-33 between East Ferry and Best streets.

“The Kensington is so much more than just an engineering project. More than anything, the Kensington Expressway project is about justice – justice for the residents in East Buffalo,” said New York State DOT commissioner Marie Therese Dominguez.

The Department of Transportation has laid out six potential concepts for that stretch of roadway, which would reunite the area severed by the construction of the Kensington Expressway more than half a century ago.

“Having elders be able to witness the Humboldt Parkway being built – then the streets were literally divided,” said East Side resident Tamara Cross. “For instance, my favorite restaurant is Em Tea Coffee Cup, so I literally have to walk around the 33, cross the bridge just to get to the other side of Oakgrove.”

But the state’s plans to reconnect the East Side are giving residents hope – the six concepts range from least to most covered by a tunnel. The sixth one – which adds a six-lane tunnel covered by a tree-lined parkway – was added following calls from the public on what they want to see.

“I definitely want the tunnel one. I think that will be the best one because that way you’re really changing it, you’re really getting the green space and the connection,” said Buffalo resident David Ettestad.

DOT officials said they’re hopeful to break ground on this project by the end of 2024, with the entire construction taking roughly four years.

BUFFALO, N.Y. (WIVB) — WIVB/WNLO-TV and WIVB.com is excited to announce our journalists are nominated for six New York State Emmy Awards.

News 4 is proud to be Your Local News Leader and honored to be nominated in the following categories:

Evening Newscast – Medium/Small Markets“Violent Crime Surge” – July 6, 2021
Continuing CoverageBotched Bounty Hunter Raid – February 4, 2021 Nominees: Luke Moretti, Dan Telvock, Rich Ersing
Military – News (No Production Time Limit)The Captain Sydney Cole Story – November 24, 2021 Nominees: Luke Moretti, Chris Broadbent, Rich Ersing
Religion – NewsOpOverwatch: A Spiritual Refuge – November 13, 2021 Luke Moretti, Dan Telvock, Rich Ersing
WeathercastFebruary Winter Storm Warning – February 15, 2021 Andrew Baglini
Talent: Anchor-WeatherAndrew Baglini – February 9, 2021

Congratulations to nominees News 4 Investigates reporter Luke Moretti, Investigative producer Dan Telvock, Chief photographer Chris Broadbent, Assistant chief photographer Rich Ersing, Meteorologist Andrew Baglini and the News 4 staff.

For a full list of nominees across New York State, click here.

The date of the award ceremony has yet to be announced.

BUFFALO, N.Y. (WIVB) — After 10 years in the Eastern Hills Mall, the BFLO Store is moving out.

Owner Nathan Mroz said they were forced out of their agreement after being unable to negotiate a new agreement with the mall.

He started the business as a kiosk in the mall.

“Frankly I thought I was gonna be at Eastern Hills for a long, long time but it became pretty evident our time was running up there and the ownership had different ideas for the shopping mall long term,” Mroz said.

The brand new BFLO Store and several other local businesses will be moving into a multi-level building in Transitown Plaza, staying on Transit Road in Clarence.

It will be opening its doors in just a couple of weeks.

“The new space is gonna be unlike anything we’ve had before.”

He has a 25 year lease at the new space.

The building used to be home to Hens and Kelly department store and Mroz said he wants this new space to bring people back to the glory days of Buffalo shopping.

The three-story building will include the biggest BFLO Store yet, a high-end salon, event space, and rooftop restaurant and bar.

“What we’re trying to do is reinvent the retail experience. It’s all about the destination and we feel we created that destination at Eastern Hills but quite frankly I think we can build on that even more over here.”

Wonder Coffeehouse, which is located downtown next to Riverworks, will also be opening a second location inside.

“We’re Buffalo through and through and so it just made perfect sense. We didn’t have to come out this way and make it fit and have a city type of feel, it already is all about our city and region,” said Wonder owner Kate Vacanti.

The coffee shop will open in the fall, the salon closer to the new year, and the restaurant within the next 18 months.

Mroz also said they recently signed another contract extension with the Buffalo Bills which follows all the way up to the new stadium opening.

It’s a new chapter for the BFLO Store.

“We’re gonna take what we can from there, what’s ours and our property, bring it over here and create another shining star in Clarence.”

The store will open on 716 Day, July 16.

There will be food, music, brand new merchandise, several Bills players signing autographs, and many other surprises to come.

News 4 reached out to the Eastern Hills mall for comment but we haven’t heard back.

Kayla Green is a reporter who has been part of the News 4 team since 2021. See more of her work here.

BUFFALO, N.Y. (WIVB) – Buffalo mayor Byron Brown issued a proclamation Thursday declaring June 30, 2022 as Al Vaughters Day in Buffalo.

Vaughters, a News 4 legend and beloved member of the team for nearly 30 years, will sign off for the final time Thursday evening. He announced his retirement earlier this month.

We look back at the career of Al Vaughters as he’s inducted into the Buffalo Broadcasters HOF

“Today, we celebrate the retirement of Al Vaughters, a strong and talented award-winning investigative reporter, who has been part of the News 4 team since 1994,” the proclamation read.

Vaughters was honored with a separate proclamation from the Buffalo Common Council earlier this week.

Vaughters was the face of the award-winning Call 4 Action team, serving as a community watchdog on consumer issues. His dedicated service to the community included many late nights helping Western New Yorkers in need with situations that never made the news. He is also a board member of SABAH (Spirited Athletes Bold at Heart) and co-founder and vice president of the Buffalo Association of Black Journalists.

The Buffalo Broadcasters Association Hall of Fame inducted Vaughters in the Class of 2021.

Al and his wife, Michelle, plan to remain in the Buffalo area. You can view Al’s work on this page.

CHEEKTOWAGA, N.Y. (WIVB) — A man charged with killing another person in a Cheektowaga parking lot has been indicted on a charge of second-degree murder.

Authorities believe Jaquan Combs, 27, and Bryce Hill, 21, knew each other and arrived at the location on Harlem Road near Wayne Terrace in the same vehicle. Hill was an employee of a business there.

The Erie County District Attorney’s Office says that during an argument on the afternoon of June 8, Combs stabbed Hill in the neck with a knife. Responding police say they found Combs with a blood-soaked, folding-style blade.

Hill died at the scene.

If convicted, Combs could spend 25 years to life in prison. The Buffalo man is currently being held without bail and will be back in court for a pre-trial conference on July 27.

BUFFALO, N.Y. (WIVB) — If you’re looking for kittens, Lenny, Jenny and Kenny need a home.

Thursday morning on Wake Up Wags, we got to meet these three, who will soon be up for adoption through Ten Lives Club.

Until July 10, all cat adoptions at Ten Lives Club are $50. If you’re interested in giving them a loving home, these three will be available to adopt in about two weeks.

See the cats currently up for adoption through Ten Lives Club here.

BUFFALO, N.Y. (WIVB) — The contract between Kaleida Health and its two largest unions, CWA 1168 and 1199SEIU, is getting extended again.

Originally set to expire at the end of May, the contract, which covers roughly 6,300 employees, had been extended to the end of June. Now, it will last through July.

“We are making progress in negotiations,” said Bob Nesselbush, CEO of Kaleida Health. “But this contract is incredibly complicated and requires an enormous amount of time and effort from both management and union bargaining committees. It is important that we continue to keep pace as staffing and economics will require the majority of the remaining bargaining time over the next month.”

The two sides are still working on reaching an agreement for a new contract. Kaleida says so far, they’ve come to terms on the following:

86 of 108 articles55 of 67 memoranda of understanding6 of 7 letters of intent

Kaleida says these agreements “represent a majority of all non-economic issues in the contract.”