History drives future - PageTurnPro

Special ReportThe Supreme Court changed the legal landscape for patent infringement suits. Page 9

ProfilePaul Wyand is managing partner of Council Rock Wealth Advisory Group. Page 6

SportsScott Pitoniak writes about the trials and triumphs of sports mascots. Page 5

Cole finds hisniche leadingLeclair KoronaBy JIM BARG

For most of us, finding a niche can be something that takes years of stops and starts. This is especially true with the legal community, as there are plenty of paths would-be attorneys can go down before discovering their strengths.

Not so with Leclair Korona Vahey Cole LLP’s new managing partner, Steven Cole.

Cole appreciates the fact that the firm is small and midsize, which al-lows for a laser focus that bigger firms wouldn’t allow.

“We are a small to medium-size firm that concentrates its practice solely in litigation and dispute reso-lution,” he says.

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Some 4 percent of peoplein county are affected, above the national levelBy VELVET SPICER

Eight million people nationwide have anorexia nervosa, bulimia and related eating disorders, representing some 3 percent of the total population. In Mon-roe County, roughly 4 percent of the population is affected by eating dis-orders.

Jeffrey Pier is tackling that problem head on.

“It’s estimated that over 30,000 peo-ple are affected by eating disorders in Monroe County,” said the new execu-tive director of the Healing Connection Inc. “But it’s also something that peo-ple don’t talk about. They don’t share that information.”

The Healing Connection is a non-profit organization that provides hope

and treatment to adolescents and adults recovering from eating disorders. The organization has 17 staff members and an annual budget of $950,000.

As the Healing Connection’s first ex-

ecutive director, Pier is charged with getting the word out about his orga-nization’s benefits to the community. To do that, he is working with Tipping Point Communications to put together a marketing campaign, and he plans to use social media and partnerships with agencies and referral organizations lo-cally to shed light on the eating disor-der epidemic.

“Our philosophy is that there is heal-ing through connection. So I really want to share with the community that the Healing Connection is here, and we can support the people in the area affected by this epidemic, and I don’t use that word lightly,” Pier said.

Pier comes to the Healing Connec-tion by way of Willow Domestic Vi-olence Center, where he spent a few years as director of programs and ser-vices. Prior to his work in domestic violence, Pier served as regional direc-tor of Planned Parenthood Federation

New leader takes on eating disorder epidemic

HistorydrivesfutureIndustry veteran Raj Shah is building ConvergentBy KERRY FELTNER

For 25 years, Raj Shah learned the telecommunications business at ICS Telecom Inc., the firm his father, I.C. Shah, founded in 1976.

Today he has adapted that knowledge to growing his own firm, Convergent Telecom Inc., which was launched in 2002 but began business operations in 2013.

Convergent has 12 employees and expects to grow revenue by 25 percent this year. It plans to add another four people, including two hires in Roches-ter, officials said. The firm’s employ-ees work remotely; Shah and his wife, Adrienne Hendershot, are the only two local employees.

Shah serves as president and his wife is national project manager.

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Special section inside.

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Insight. News. Analysis.Subscribe to Rochester’s top business news source

Making the grade

Continued on page 2

Continued on page 16

Jeffrey Pier


ROCHESTER BUSINESS JOURNAL / RBJ.NET JUNE 9, 2017

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The firm deploys enterprise hosted and premise phone systems. It is focused on serving medical centers, the federal government and colleges and universi-ties. Convergent’s clients include the University of Missouri, the University of Virginia and the Department of Justice.

The telecom business is one Shah grew into after a variety of roles throughout his career.

He started with ICS Telecom as a technician and became CEO in 2010. The company was a telecom provider of voice, data and network services.

“It was always kind of in the cards,” he said. “I always enjoyed it, always

enjoyed working for my dad. He was a tough boss, but I learned a ton from him, and I enjoyed the business. Then ultimately we started discussions (that) maybe an acquisition makes sense to help us grow.”

To expand the firm, the father and son duo sought out new opportunities. Both felt that merging with another company would help expand its offer-ings and help the company get into dif-ferent markets.

On July 2, 2013, ICS Telecom was purchased by Frontrunner Network Sys-tems Corp., a subsidiary of Williams Telecommunications Corp. Frontrunner ranked third on the Rochester Business Journal’s most recent list of telecom-munications equipment providers with

56 local employees.Raj Shah remained at the firm through

the buyout but found he wanted to change course after a couple of months with the new company.

“My plan was to stay with the newly formed organization because it brought some different resources and things into the company that we didn’t have. Ulti-mately, culture-wise it wasn’t quite the same fit,” Shah said. “I decided this prob-ably isn’t the right thing for them or me.”

The University of Missouri start-ed working with Convergent in April 2016. The school needed help transfer-ring telephone services from legacy sys-tems to a Cisco Unified Communications platform.

“Their experience and capabilities

working with higher education institu-tions—particularly those with academic medical centers—was a main contribu-tor to our decision to engage with Con-vergent,” said Kevin Bailey, director of customer service and support at the Uni-versity of Missouri. “Raj and Adrienne showed us how their processes and ex-perience would allow the University of Missouri to successfully meet our goals on time and within budget.”

The project is expected to be com-pleted in 2018.

“Convergent is providing project management and staff augmentation, which is allowing us to meet our time-lines with very few issues so far,” Bai-ley said. “We are very happy with Con-vergent’s capabilities and their dedica-tion to helping us meet our goals with a high degree of quality and profes-sionalism.”

At the University of Virginia, Con-vergent helped to replace some 22,000 phones over 16 months.

“Convergent demonstrated a deep un-derstanding of telecommunications—both digital and analog service—keen attention to detail and stellar custom-er service,” said Dana German, deputy chief information officer at the univer-sity. “While they possessed all of the technical skills required for our project, their outstanding communication and customer service skills were what really set them apart.”

Technology’s quick pace has left some in the telecommunications indus-try scrambling to keep up, Shah said.

“A lot of the colleges—they’re using 1980s technology,” Shah said. “It’s just not high on their priority list, but even-tually it has to be.”

The market for telecommunications in Rochester has matured. That presents new challenges for local firms, Shah said.

“Rochester, it really is a small town,” Shah said. “I’ve maintained a lot of those connections over the years. (It) has been great to bounce ideas off peo-ple. Even though we’re working out of the area, we still have prospects here.

“This was the telecom mecca for a long time. A lot has changed. There’s just not enough business out there for everybody,” he added.

Convergent is the result of decades of learning and observing the telecom-munication industry. Shah believes his company is poised to compete.

“I think we did have a dream, and we followed it, and it’s come to fruition,” he said. “Even though it’s been diffi-cult at times, my wife and I both feel that we would do it all over again in a heartbeat.”

[email protected] / 585-653-4020

Photo by Jeff Witherow Raj Shah is founder and president of Convergent Telecom. His wife, Adrienne Hendershot, is national project manager.

CONVERGENTContinued from page 1

Taryn Mullen findssense of accomplishmenthelping people at CDSBy KERRY FELTNER

I n just six years, Taryn Mullen has moved up the ranks from an entry-level position to executive director

of CDS Wolf Foundation—before the age of 30.

Today she leads a team of seven and is responsible for achieving the nonprofit’s 2017 fundraising goal of $1.1 million. CDS Wolf Foundation is the fundraising arm of CDS Life Transitions Inc.

CDS Life Transitions is celebrating its 40th anniversary this year. It serves close to 3,000 people, including those with developmental disabilities, veter-ans and seniors. The organization helps people in 22 counties across the state.

Reaching her current role came from one thing, Mullen says.

“It was a lot of hard work. It was showcasing the skill-sets that I had, helping to grow the communications for the agency and (helping that) improve and evolve, because the organization at the same time was growing and evolv-ing. We started to branch out.”

Working in the nonprofit arena allows Mullen to be innovative and efficient. CDS Life Transitions as an organization is open-minded about trying new ways of doing things, she says.

“It’s really exciting in the not-for-profit environment that we’re in right now,” she says, “to be working in a not-for-profit organization that’s so inno-vative and continues to look ahead to what the next thing is that we need to be prepared for. (We are) diversifying our services to serve more people, but at the same time we are staying true to our mission.”

Mullen, 28, attended Byron-Bergen High School in Genesee County and spent most of her free time in Batavia listening to local musicians.

“I was really into music,” Mullen says. “Batavia, oddly enough for being such a small place, had a pretty vibrant music scene. When I was growing up, there was a little coffee shop in town and they used to have concerts all the time, local bands. I was always there listening to the music and taking pictures, which was also what I really liked to do.”

Batavia’s music scene drew Mullen to the mic—not on stage but at a radio sta-tion. While in high school, she interned at WGCC, the Genesee Community College outlet she listened to growing up. The experience taught Mullen to take charge.

“It just really gave me a lot of own-ership over a project,” Mullen says. “I have this four-hour time slot and I’m re-sponsible for making sure that the music gets played. You’re in front of an audi-ence, but you’re not; that’s something that I think was always appealing to me about radio because I was kind of shy.”

She graduated from St. John Fisher College in 2009 with dual degrees in communications and Spanish. She fin-ished in three-and-a-half years, thanks to college credits acquired in high school,

and spent her last semester in Spain.Looking for a job in the States while

abroad was not easy.“It was really difficult. … It was like,

how do I look for a job when I’m not even home? So that was a difficult thing to think about,” Mullen says. “I just let go of it.”

Returning home, she continued her job search during the holidays. Initially she did not have much luck.

“It was during that time where it was

still kind of the weird recession,” Mullen says. “There were no communications jobs anywhere, so there really weren’t a lot of options when I graduated.”

In 2010, she stumbled upon a posi-tion at CDS Life Transitions that seemed right for her. The position required part-time work in the nonprofit’s IT area and part-time instruction of adults in one of the organization’s day programs. She got the job and began working as media specialist of the organization. Mullen

had never worked with developmentally disabled people before.

“It was a very warm and welcoming place to walk into, especially not know-ing what to expect of the organization,” Mullen says. “I hadn’t really had a lot of exposure working with people with developmental disabilities, but I was re-ally excited about the prospect of doing that. I’ve always been the helper type.”

She soon was involved in the PR side

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ROCHESTER BUSINESS JOURNAL / THELIST JUNE 9, 2017

Download and purchase weekly RBJ data in Excel format at the RBJ List Center. Visit go.rbj.net/ListCenter for more information.

Cultural Attractions(Ranked by total 2016 attendance)

Rank

NameAddressTelephoneWebsite

2016 TotalAttendance

2016 Total PaidAttendance

No. ofEmployeesFull-TimePart-Time

No. ofVolunteers

No. ofMembers1 Main Venue(s)

/Capacity

2016 No. ofPublic Perform-

ances Description Hours and Days of Operation Admission2 DirectorYear

Founded

1. The Strong3

1 Manhattan SquareRochester, N.Y. 14607(585) 263-2700www.museumofplay.org

551,518502,371

99138

1416,691

NA NA An interactive museum housing the world’s largest collection ofhistorical materials related to play and home to the InternationalCenter for the History of Electronic Games, the National Toy Hall ofFame, and the World Video Game Hall of Fame

Monday - Thursday, 10 a.m. - 5 p.m.;Friday - Saturday, 10 a.m. - 8 p.m.;Sunday, 12 - 5 p.m.

Age 2 and older $14.50,free to children under 2

Steve Dubnik, presidentand CEO

1982

2. Rochester Museum & Science Center657 East Ave.Rochester, N.Y. 14607(585) 271-4320www.rmsc.org

382,800332,700

NANA

4505,904

NA NA Includes the Science Museum, telling the story of Rochester's pastand its history of innovation and invention with more than 200interactive exhibits and more than 1.2 million collection items; theStrasenburgh Planetarium, with a 65-foot dome, and the CummingNature Center occupying 900 acres in Naples

Museum: Monday - Saturday, 9 a.m. - 5p.m.; Sunday, 11 a.m. - 5 p.m.Strasenburgh Planetarium: See showschedule on our website, www.rmsc.org.Cumming Nature Center: Wednesday -Friday, 9 a.m. - 3:30 p.m.; Saturday -Sunday, 9 a.m. - 4:30 p.m.

Museum: adults $14,seniors and collegestudents $13, ages 3–18$12; Museum andPlanetarium combinedadmission: adults $17,seniors and collegestudents $15, ages 3–18$14

Kate Bennett, president 1912

3. Seneca Park Zoo2222 St. Paul St.Rochester, N.Y. 14621(585) 336-7200www.senecaparkzoo.org

321,497267,862

NANA

33912,540

NA NA Exhibits include A Step Into Africa, featuring lions, olive baboonsand elephants; the ECO Center, featuring the North American riverotter and lake sturgeon; and the Rocky Coasts Exhibit, featuring thepolar bear, sea lion and African penguins

April 1 through Oct. 31: 10 a.m. - 4 p.m.(grounds close at 5 p.m.); Nov. 1through March 31: 10 a.m. - 3 p.m.(grounds close at 4 p.m.); closedThanksgiving, Christmas and NewYear's Day.

Adults $12, April 1 - Oct.31; $10, Nov. 1 - March 31;discounts for seniors andchildren; free to membersand children under 3

Pamela Reed Sanchez,executive director

1894

4. Memorial Art Gallery of the University ofRochester500 University Ave.Rochester, N.Y. 14607(585) 276-8950www.mag.rochester.edu

225,200NA

NANA

1,1094,816

NA NA Permanent collection and year-round exhibitions; CentennialSculpture Park - an outdoor gathering place with public art; socialevents, concerts and talks, art classes for all ages, summer andschool break art camps, restaurant, gift shop

Wednesday - Sunday, 11 a.m. - 5 p.m.;Thursday, 11 a.m. - 9 p.m.

General admission $15,discounts for seniors andstudents; free for members,University of Rochesterfaculty, staff and students,and children under 6; half-price admission Thursdaysafter 5 p.m.

Jonathan Binstock,director

1913

5. Geva Theatre Center Inc.75 Woodbury Blvd.Rochester, N.Y. 14607(585) 232-1366www.GevaTheatre.org

194,894120,658

NANA

47510,459

Wilson Stage 522,Fielding Stage 180

432 Professional producing theater with two stages, featuring locallymade productions of musicals, classics, contemporary dramas andcomedies, educational programming

8 a.m. - 11 p.m. Starting at $25 Mark Cuddy, artisticdirector, ChristopherMannelli, executivedirector

1972

6. The Little Theatre240 East Ave.Rochester, N.Y. 14604(585)258-0400www.thelittle.org

191,237127,000

NANA

42,650

Five theaters, rangingin capacity from 105to 296; cafe/artgallery, 80

4,945 Presents American independent and foreign films, communitydiscussion, visual arts and music, and educational events featuringlocal artists

Weekends noon - 11 p.m.; Monday -Friday 5 - 11 p.m.

Free - $25 Norm Silverstein,president and CEO

1929

7. Eastman School of Music60 Gibbs St.Rochester, N.Y. 14604(585) 274-1109www.esm.rochester.edu/concerts

180,00022,000

NANA

NANA

Kodak Hall atEastman Theatre2,326, Kilbourn Hall447, Hatch RecitalHall 221

NA The school presents more than 700 concerts annually. Guestartists, the school's performing faculty and student soloists andensembles perform classical, jazz, opera and world music in all ofthe school’s major venues.

Varies by performance $10 - $120 Jamal Rossi, dean 1922

8. Rochester Philharmonic Orchestra Inc.108 East Ave.Rochester, N.Y. 14604(585) 454-7311www.rpo.org

161,10088,900

NANA

6752,900

Kodak Hall atEastman Theatre2,326

120 Live performances of classical and popular music for families andadults, free educational concerts for children through schools andfree community concerts

Performance times vary; box officehours: Monday - Friday, 10 a.m. - 5p.m.; non-concert Saturdays, 10 a.m. - 3p.m.

$10 - $125 Ralph Craviso, presidentand CEO

1922

9. George Eastman Museum 4

900 East Ave.Rochester, N.Y. 14607(585) 271-3361www.eastman.org

113,950NA

NANA

NANA

Dryden Theatre 500 NA Photography museum and film archives, located on the historicGeorge Eastman estate

Tuesday - Saturday, 10 a.m. - 5 p.m.;Sunday, 11 a.m. - 5 p.m.

Museum admission: adults$15, discounts for seniorsand students, free tomembers and childrenunder 5. Dryden Theatreadmission: $8; discounts formembers and students

Bruce Barnes, director 1947

10. Genesee Country Village & Museum1410 Flint Hill RoadMumford, N.Y. 14511(585) 538-6822www.gcv.org

91,75087,540

30NA

2502,130

NA NA Features costumed interpreters in restored historic buildings,portraying life in an authentic 19th-century country village; alsohome to the John L. Wehle Gallery and a nature center

May 13 - Sept. 3: Tuesday - Sunday, 10a.m. - 4 p.m.; Sept. 9 - Oct. 9:Wednesday - Sunday, 10 a.m. - 4 p.m.;also open on May 29, July 4, Sept. 4and Oct. 9

Adults $18 - $22, discountsfor seniors, students andveterans; free to childrenunder 4 and active militarypersonnel

Becky Wehle, presidentand CEO

1976

11. Ganondagan State Historic Site1488 State Route 444Victor, N.Y. 14564(585) 742-1690www.ganondagan.org

50,000NA

NANA

NANA

NA NA New York State historic site depicting Seneca life in the 17thcentury, with a full-sized bark longhouse replica, visitors center, giftshop, hiking trails and Native American interpretive staff

Visitors center and longhouse: May 1 -Sept. 30, Tuesday - Sunday, 9 a.m. - 5p.m., Oct. 1 - 31; Tuesday - Saturday, 9a.m. - 5 p.m.; hiking trails open year-round, 8 a.m. - sunset (weatherpermitting)

General admission $8, May1 - Oct. 31, $6 Nov. 1 - April30; discounts for seniorsand students; free forFriends of Ganondaganmembers

Peter Jemison, sitemanager

1987

12. Nazareth College Arts Center4245 East Ave.Rochester, N.Y. 14618(585) 389-2170www.naz.edu/artscenter

45,74520,097

NANA

93123

Callahan Theater1,012, Masters FamilyCommunity Theater186, Peace Theater198, Studio Theater100

559 Venue for dance, children's theater and international entertainment,including performances by Nazareth College's art, music andtheater arts departments, Rochester City Ballet and Garth FaganDance

Varies by performance; box office:Monday - Friday, 11 a.m. - 5 p.m.; showdays, 11 a.m. to showtime

Free - $75 Rita Mannelli, executivedirector

1967

13. Sonnenberg Gardens & Mansion StateHistoric Park151 Charlotte St.Canandaigua, N.Y. 14424(585) 394-4922www.sonnenberg.org

35,000NA

730

NANA

NA NA Nine historic gardens, antique greenhouses, 40-room mansion,wine tasting, gift shop, café

May 1 - Oct. 31, 9:30 a.m. - 4:30 p.m.;extended hours on Memorial Day andLabor Day

Adults $14, discounts forseniors, students, militarypersonnel and children; freeto children under 4

David Hutchings,executive director

1973

14. Rochester Contemporary Art Center137 East Ave.Rochester, N.Y. 14604-2521(585) 461-2222www.rochestercontemporary.org

25,00018,000

NANA

950NA

NA NA Founded in 1977 as a center for thoughtful contemporary art andthe exchange of ideas

Wednesday - Sunday, 12 - 5 p.m.;Friday, 1 - 9 p.m.

$2, free for members Bleu Cease, executivedirector and curator

1977

15. Howard Stowe Roberts Cultural Life Center2301 Westside DriveRochester, N.Y. 14624(585) 594-6008www.roberts.edu/clc

23,000NA

NANA

NANA

Hale Auditorium,1,000

NA Roberts Wesleyan College's performance venue, presenting pops,classical and Christian concerts, musicals, plays, operas, andlectures

Varies by performance; box office:Monday - Friday, 10 a.m. - 5 p.m.; openone hour before showtime onperformance days

Prices vary by performance;many free performances

David Dunn, director 1996

16. ARTISANworks & Events Inc.565 Blossom Road, Suite LRochester, N.Y. 14610(585) 288-7170www.artisanworks.com

15,6004,680

5NA

40NA

NA NA Art space in a 40,000-square-foot renovated factory; our collectionof more than half a million items includes art, antiques, collectiblesand automobiles. It integrates arts, events and entertainment andsupports regional artists through its art incubator program

Friday - Saturday, 11 a.m. - 6 p.m.;Sunday, 12 - 5 p.m.

Adults $12, seniors andstudents $8, members free

Louis Perticone, founder,Kimberly Trenholm, chiefoperations officer and co-founder

2000

17. National Susan B. Anthony Museum & House17 Madison St.Rochester, N.Y. 14608(585) 279-7490www.susanb.org

13,000NA

NANA

200975

NA NA Historic house and museum, National Historic Landmark, and homeof Susan B. Anthony from 1866-1906; docent-led tours

Tuesday - Sunday 11 a.m. - 5 p.m. $15 adults; $10 seniors, $5students

Deborah Hughes,president and CEO

1945

18. Blackfriars of Rochester Inc.795 E. Main St.Rochester, N.Y. 14605(785) 454-1260www.blackfriars.org

10,00010,000

NANA

50NA

Blackfriars Theatre,126 seats

80 Regional theatre season with plays and musicals from classic tocontemporary in an intimate theatrical setting

Box office is open Monday - Friday, 10a.m. - 2 p.m., and one hour prior tocurtain

$20 - $39.50 Danny Hoskins, artisticand managing director

1964

CenterStage Theatre at the JCC1200 Edgewood Ave.Rochester, N.Y. 14618(585) 461-2000www.jcccenterstage.org

10,00010,000

NANA

150NA

Hart Theater, 288 60 Professional theater presenting a year-round selection of musicals,comedies and dramas at the Jewish Community Center

Performances Thursdays, Saturdaysand Sundays

$20 - $29 Ralph Meranto, artisticdirector and producer

1977

20. Downstairs Cabaret Theatre20 Windsor St.Rochester, N.Y. 14605(585) 325-4370www.downstairscabaret.com

9,4437,507

NANA

100500

Downstairs CabaretTheatre 99,Downstairs Cabaret atWinton Place 200

248 Live professional theater featuring musicals, comedies, dramas,new works and musical events

Varies by performance; administrativeoffice and box office: Monday -Saturday, 10 a.m. - 6 p.m.; Sunday, 12 -6 p.m.

$10 - $39, depending onproduction (discounts forseniors, students, groups,military personnel,members)

Chris Kawolsky,producing director

1983

21. Bristol Valley Theater151 S. Main St.Naples, N.Y. 14512(585) 374-6318www.bvtnaples.org

9,2008,900

NANA

50453

Bristol Valley Theater,209

NA Live professional non-equity theater including musicals, comedy,drama, children's programs and concerts

Performance times vary; box officehours: June - Sept., Tuesday -Saturday, 12 - 5 p.m. and one hourbefore showtime

Adults $33, discounts forseniors, college studentsand children

Karin Bowersock,executive artistic director

1964

22. New York Museum of Transportation6393 East River RoadWest Henrietta, N.Y. 14586(585) 533-1113www.nymtmuseum.org

4,4204,420

NANA

45120

NA NA Museum of 26 transportation vehicles, artifacts, images, and modelrailroad; offering the only trolley rides in New York State operatingon a full-sized museum railroad; off-site talks available

Sundays only, 11 a.m. to 5 p.m.; grouptours Monday - Saturday byappointment; special events in summer,fall and Christmas season

Adults $8; $7 seniors age65 and over; $6 youths age3 - 12

Charles Lowe, president 1975

23. Antique Wireless Museum2569 Routes 5 & 20East Bloomfield, N.Y. 14469(585) 257-5119www.antiquewireless.org

3,0002,700

NANA

251,690

45 8 Museum of 10,000 sq. ft. displaying vintage radio and electroniccommunication apparatus; also houses a media center with300,000 documents and 70,000 photographs, and a conferencecenter

Tuesday, 10 a.m - 3 p.m.; Saturday, 1 -5 p.m.

$7, free to teenagers andmembers

Bruce Roloson, curator 1952

Notes: Information was provided by individual attractions that responded to an email survey. Thesurvey contacted cultural attractions in Monroe, Genesee, Livingston, Ontario, Orleans and Waynecounties. To break ties, attractions are ranked in order of paid attendance.1 Household memberships2 Range may include discount prices

3 The Strong is the dba for the Margaret Woodbury Strong Museum4 Formerly George Eastman House International Museum of Photography and FilmNA - Not available or not applicable

Researched by Andrew Green © 2017 Rochester Business Journal

If you would like your company to be considered for next year's list, or if there are any corrections oradditions, please write to: Research, Rochester Business Journal, 16 W. Main St., Suite 341, Rochester,N.Y. 14614; or email [email protected].

JUNE 9, 2017 ROCHESTER BUSINESS JOURNAL / RBJ.NET PAGE 5

H ow bad has this season been for the New York Mets? So bad that even their beloved, baseball-

shaped mascot has been verbally bat-ted around. At a recent game, frustrated fans taunted Mr. Met and he responded by flipping the bird and giving an ob-scene, cross-armed salute. The video went viral and the man playing Mr. Met was fired. But then something positive happened. Support for the poor guy in the seam-head costume mushroomed on social media, and the team had a change of heart. Rather than jettison the Mr. Met actor, they reassigned him. In true, Big Apple parlance, they told him to “Fuhgeddaboudit!”

The brouhaha conjured memories of one the more bizarre stories I’ve cov-ered. It occurred during the summer of 1990 and involved Chipper the Clipper, a fuzzy bluebird mascot of the Batavia Clippers, a New York-Penn League pro-fessional baseball team now known as the Muckdogs.

At a game that season, Chipper ruf-fled feathers by allegedly shaking his tail feathers in the face of Pamela Cash, the wife of then-Clippers manager Dave Cash. She claimed the college kid in the mascot suit had been disrespectful and said the team’s assistant general man-ager laughed at her when she expressed her displeasure. Pamela, a high-strung, high-maintenance person, left the ball-park in a huff. She told her husband she was through with Batavia. The next day the Philadelphia Phillies—the Clippers’ parent club—reassigned Dave to the po-sition of roving minor-league instructor.

Interestingly, when Clipper officials

broached the idea of introducing a mas-cot that summer, they sought Cash’s opinion and he suggested they pattern it after the Phillie Phanatic. The fuzzy, an-imated Phanatic had become immensely popular because he occasionally copped an attitude and got under the skin of op-ponents and umpires. No one became more annoyed with him than loquacious Los Angeles Dodgers manager Tommy Lasorda, who threatened to stuff the Phanatic into a trash can during one of his visits to the City of Brotherly Love.

Being a mascot isn’t easy. I speak from experience. A dozen summers ago, I proposed the bird-brained idea of playing Spikes, the big-beaked face of the Rochester Red Wings, and writ-ing a column about it. I’m glad I did it. And vowed afterward that I would never, ever do it again.

The assignment was simultaneously exhilarating and dehydrating. I made a lot of friends and lost a lot of weight. Which, come to think of it, was not such a bad thing. I discovered how immense-ly popular Spikes is—Santa Claus-like, really, among the kids. And I learned that mascotting is a young person’s gig. Imagine walking around in a sauna for nine innings and you’ll begin to under-

stand how physically demanding Spikes’ job is. By night’s end, I could have used several IVs to replenish all the fluids I sweated out of my body. I was ready to collapse.

I also was in dire need of ice packs for my throbbing right wrist, which had been put to the autograph test on mini-bat giveaway night. Wings Gen-eral Manager Dan Mason said the team distributed 1,000 bats that evening and I swear I signed every last one of them. I didn’t screw up and sign “Scott” on any of the bats, but I did sign “Spikes” on a few of my checks while paying bills the following day.

Fortunately, I didn’t go it alone that night. My guardian angel was Dave McAlpin, who was a lacrosse player at the College at Brockport who normal-ly played Spikes. He gave me a crash course on the big fella and led me to my appointed rounds—which included on-field promotions, birthday parties in the concourse, suite visits, dugout danc-es and the aforementioned autographs. Dave’s main advice: “Don’t be you; be Spikes. Just act as goofy as you want to act because nobody knows you are inside there. And be careful not to trip.”

Luckily Spikes doesn’t speak, so that eliminated any botched lines by moi. The toughest part was acclimating to the costume. It was warm, smelly and claustrophobic. When I put the head on, I felt like an astronaut. My vision was limited to two screens at eye-level and two smaller ones near the throat. You definitely had to be careful doing stairs. You’re always just one step away from an embarrassing pratfall.

Dave apologized when he heard it was bat night. Some ushers warned me to protect myself because young fans oc-casionally like to take a swing, and, hey, they can’t help it if your shin or kneecap happens to be in the way. Fortunately, I escaped being belted. Other than a few snide remarks from some teenage boys, I didn’t encounter any mascot abuse. Spikes and his female counterpart, Mitt-sy, are beloved. Much more so than their Wings predecessors. R.W. Homer, the team’s baseball-shaped mascot of the 1970s and ’80s, occasionally was kicked in the rear and sent rolling down the con-crete aisles at old Silver Stadium. Ouch!

The best part was the looks on those kids’ faces when I signed their bats and hugged them. After I high-fived a boy in a wheelchair, his mom told me that was the first time in weeks she had seen him smile.

As I extricated myself from the cos-tume after the game, I looked as if I had been through several rinse cycles. My gym shorts and T-shirt were soaked. My hair was disheveled. My eyes were bloodshot and stung like hell from the salty perspiration cascading from my brow. By living the story I had gained a greater appreciation for mascots. While exiting the ballpark, I joked to one of the interns that the next time I desired to practice participatory journalism, I would choose something saner—like running with the bulls in Pamplona or climbing Mount Everest.

Best-selling author and nationally honored journalist Scott Pitoniak is the Rochester Business Journal sports col-umnist.

It’s not easy being Mr. Met – or any mascot for that matter

ON SPORTSScott Pitoniak

“I manage a group of mostly young professionals from a year out of col-lege to three to four years out. I am fre-quently frustrated with (and sometimes surprised by) their unwillingness to use the telephone. I have always considered it crucial to the development of relation-ships with customers and vendors.

This issue surfaced recently when one of our employees tried to handle a cus-tomer complaint by email rather than picking up the phone. What she missed was the high level of anger from the cus-tomer, who after she got the email, wrote to the CEO of my company to complain about what she thought was poor treat-ment by my department. Needless to say, I received some grief about that. The problem was resolved when I picked up

the phone and reassured the customer that we valued her business. How can I train my staff to use the phone for the purpose for which it was created?”

Y our frustration on this issue is more common than you might think. Ma-ny managers complain that millen-

nials suffer from “phone aversion” or “phone phobia.”

After all, millennials (defined as peo-ple born between 1981 and the early 2000s,) grew up when phone calls be-came less popular for regular conversa-tion than other modes of communica-tion, including texting, emails and on-line chats. Armed with smartphones and dozens of apps, some consider phone calls outdated, intrusive or unwelcome

interruptions.“Millennials lack the basic confi-

dence to succeed on the phone, having spent most of their lives communicat-ing via social media, text or Whatsapp,” wrote Rob Blythe, founder and director of Instant-Impact, a UK recruitment agency (www.instant-impact.com) that specializes in placing top students and

graduates into jobs at fast-growth com-panies.

Peter Cardon, a professor of business communications at the Marshall School of Business at the University of South-ern California and author of a textbook, “Business Communication: Developing Leaders in a Networked World,” says his students think of phone calls as in-trusive.

“They live in a world where the norm is messaging and communicating when it’s most convenient for them and oth-ers,” he said in an interview.

Probably another concern about using the phone is their lack of verbal skills, Cardon says.

“They don’t have much experience

Managers must learn to deal with phone-avoiding employees

MANAGERSAT WORKKathleen Driscoll


JUNE 9, 2017

ROCHESTER BUSINESS JOURNAL

Paul Wyand is managing partner of Council Rock Wealth Advisory GroupBy VELVET SPICER

Moving from a career teaching spe-cial education to one heading a fi-nancial advisory firm may seem

like a drastic change, but Paul Wyand prefers to focus on the similarities be-tween the two and what his first career choice enabled him to do in his second.

“Education was a great transfer to this business because you’re teaching peo-ple all the time,” says the 66-year-old fi-nancial adviser and managing partner of Council Rock Wealth Advisory Group. “Our business here is about goal-setting, developing strategies and implementing them. And that’s so much a part of edu-cation.”

Wyand first happened upon financial planning when he joined IDS Financial Services Inc. in 1990. As a financial ad-viser with IDS, Wyand worked pretty much on his own until American Express Co. purchased IDS and eventually spun it off as a practice of Ameriprise Finan-cial Inc.

The business grew so much that by the early 2000s dozens of independent con-tractors—financial advisers such as Wy-and—were working at the Canal View Boulevard location. Wyand and a group of five or six others were more interested in working in a smaller, more indepen-dent environment.

The group branched out, forming their own financial advisory group on East Av-enue in Pittsford, where the firm contin-ues to operate today. Council Rock is a financial advisory practice of Ameriprise;

Ameriprise serves as the firm’s broker-dealer, buying and selling securities for its clients.

Council Rock employs 22 people in the Rochester area as well as 10 others in Batavia, Genesee County; Seneca Falls, Seneca County; and Penn Yan, Yates County.

Since 2015, Council Rock’s assets un-der management, which measures the to-tal market value of the financial assets that an institution manages on behalf of its clients, have grown 20 percent to $600 million, while the firm’s client base has grown 17 percent in the last two years.

Council Rock consistently ranks in the top 10 percent of Ameriprise advisers na-tionwide and has earned the Ameriprise Financial “Diamond Ring” club member distinction for outstanding achievement. Less than 7 percent of Ameriprise ad-visers nationwide have earned the dis-tinction.

“We acquired some other practices,” Wyand says of the company’s growth and success through the years. “We’ve had people come, people go, as far as partner level, people retired. But func-tionally we’ve stayed the same.”Education background

Wyand grew up knowing he wanted to be a teacher. He received his master’s degree in education from Nazareth Col-lege in 1975 and went on to earn a cer-tificate of advanced study from SUNY College at Brockport.

Wyand started his career at Monroe No. 1 BOCES, working in an alternative high school for emotionally disturbed adolescents. His first supervisor, the psychologist who hired him, had a pro-found influence on his career.

“She was a big mentor, very bright,” Wyand recalls. “She really had an im-pact on my life, in education. She got

me out of that immature college stage.”After eight years, Wyand moved to the

Victor Central School District, where he worked in the central office in charge of the K-12 special education program. But after 10 years, Wyand says, the shine came off the apple.

“I was married, had a couple of kids, and I lost focus,” he says. “I was in the doctoral program at Syracuse and never finished it because I just didn’t want to take that next step of superintendent. I had just gotten to a point in my career where I was looking for something dif-ferent.”

So Wyand did his due diligence and began researching a career in business.

“When you’re in education, education is a very closed system,” he says. “You don’t always know what’s going on in

the outside world of business.”He spoke with middle-management at

Eastman Kodak Co. and Xerox Corp., people in banking, insurance and securi-ties. That led to his 1990 departure from education and hiring at IDS.

And while he left the education field on good terms, he says, mentally he al-ready had burned that bridge and there would be no going back. The career change, however, was more difficult than he imagined.

“I was ready to tear my hair out. It was a big transition,” Wyand says. “Hon-estly, if I knew what I was getting into I probably never would have had the courage to do it.”

But after a few years—and finally earning a paycheck—Wyand says he began to truly enjoy his new career and helping others manage their wealth. And as a bonus, he was able to pull from his 18 years in education to teach his clients about investing.

Client focusCouncil Rock prides itself on its focus

on customers. “Everybody is genuinely concerned

about the clients and working for their benefit and what’s best for them,” says financial adviser Janet Meister, who has been with the firm nearly 21 years. “That’s always an interesting challenge because no two clients are the same.”

The company’s success is a result of staying attuned to its clients’ needs, Wy-and adds.

“You’ve got to listen; you have to un-derstand,” he says, adding he continues to serve customers who started with him 27 years ago when he entered the profes-sion. “That’s a huge reward for me. It’s interesting because in education you lose

Photo by Kate Melton

Paul WyandTitle: managing partner, Council Rock Wealth Advisory Group

Age: 66

Education: B.A., social studies, 1973, Niagara University; M.S., education, 1975, Nazareth College

Family: Wife, Robin; daughter, Molly, 34; son, Mark, 32

Home: Penfield

Activities: Travel, gardening, bicycling

Quote: “Education was a great transfer to this business because you’re teaching people all the time. Our business here is about goal-setting, developing strategies and implementing them. And that’s so much a part of education.”

Leader focuses on growth, clients

Continued on next page


those kids at the end of June and you may never see the outcome of your work.”

The underlying current running through Council Rock is the desire to develop and foster relationships with its clients. The company stresses to custom-ers the need to meet once or twice a year.

“We get to know the people and we get to know their personalities and what their goals are, and then they feel com-fortable with us,” Meister says. “We can only be as successful and as good as the information people give us. And people are only going to give us quality infor-mation if they feel comfortable with us.”

The atmosphere at Council Rock is col-laborative, staffers say.

“Very team-oriented, very education-based,” says Mary Beth Fairchild, partner and financial adviser. “Really looking to train people thoroughly and making sure they’ve got all the skills they need to be as successful in their role as possible.”

The company’s short-term goals re-volve around regulatory changes, Wy-and says, particularly those coming down from the U.S. Department of Labor.

“Also, you always have to be about growth,” he adds. “So it’s growth for new clients and it’s also development of your internal people.”

Wyand acknowledges growth can be challenging, both within the firm and the industry.

“Growth is positive. The challenge is you’ve got to keep all the horses pulling in the same direction,” he says. “And I think we do a pretty good job of that be-cause we have a lot of communication.”

Fairchild agrees: “Our practice is chal-lenged with the same thing a lot of fi-nancial planning organizations are chal-lenged with: growing our client base, growing our assets under management. We’re just trying to engage as much as we can in different markets.”

Flexibility also is important as the in-dustry changes.

“You have to be flexible. The in-dustry has changed. Products have changed. Views have changed. Pricing has changed. The market has changed,” Wyand says. “You have to keep up with it. You have to stay educated.”

Another challenge both the firm and industry face are working with a new generation of clients.

“Right now what we’re going through is we tend to have an older clientele, so trying to get the point across to millenni-als the importance of financial investing and how important it is to pay yourself first,” Meister says. “Your retirement is just as important as your cellphone bill or your cable bill. That’s a big challenge.”

Wyand’s colleagues call him a hands-on leader, perhaps a result of his 18 years in education.

“Extremely hands on, and not in a bad way,” Fairchild says with a laugh. “He’s really a teacher at heart. He’s very con-scientious about making sure his clients understand everything that he’s present-ing and discussing.”

Wyand is the same way with staff, she says.

“He wants to make sure they fully un-derstand exactly what the role is and ex-actly what skills they need to have, and he makes sure that everybody under-stands what they need to understand to be successful,” Fairchild says. “I think that’s really what makes him the best leader.”

And while Wyand does not describe himself as hands on, he says he believes in hard work and focus.

“I think there’s a time to work and there’s a time to play,” he says.

Wyand’s strengths lie in his percep-tion and ability to read and understand people, he says.

“Part of me is amiable and part of me is a driver,” Wyand says. “I want to see the business succeed; that’s very impor-tant to me. I have a lot invested in this emotionally. There are a lot of people I feel responsible for.”

Wyand says the best part of his job is there are no bad parts.

“I like coming to work every day. I wouldn’t be doing this for so long if I didn’t,” he says. “I think client contact is always the best, it’s always the most rewarding.”

Wyand says the best piece of advice he can give others is to set goals and live below your means. It is advice he learned firsthand and taught his children when he and his family lived in a fixer-upper farmhouse, while others were buying Mc-Mansions.

“I’m a big believer in living below your means,” Wyand says. “When col-lege comes along and you don’t have any student loans, that’s why.”

At homeBorn and raised in the area, Wyand and

his wife of 37 years, Robin, make Pen-field their home. The Wyands have an adult daughter and son, Molly and Mark.

A favorite memory is family vacations, Wyand says.

“We always did at least a vacation a year,” he recalls. “They didn’t have to be exorbitant, but they could have been up to the Adirondacks for a week or two; Yellowstone, things like that.”

His biggest accomplishment, Wyand says, is a great marriage and children who are doing well in their careers.

Longtime friend and former colleague Glenn Wachter says what matters most to Wyand is his family and that he strongly values his friends, as well as his client relationships.

Wachter calls Wyand ethical, easy to trust and engaging.

“One of the first things as one gets to know Paul, as I got to know Paul—you’re struck by his values, his interest in others as opposed to himself,” said Wachter, a former assistant superintendent for in-struction at Victor Central Schools. “I think that’s key in terms of any leader-ship or management role. You have to be able to trust the individual. And I found that to be the case with Paul right from the beginning.”


“Growth is positive. The challenge is you’ve got to keep

all the horses pulling in the same direction.”

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JUNE 9, 2017

LitigationSPECIALREPORT

UNANIMOUS RULINGA recent Supreme Court decision changed the landscape for future patent infringement lawsuits.

By Mike Costanza. Story begins on page 10.

ROCHESTER BUSINESS JOURNAL / SPECIALREPORT JUNE 9, 2017

Justices’ decision actsto curtail choice ofvenue for plaintiffsBy MIKE COSTANZA

O n May 22, the U.S. Supreme Court altered the legal landscape for pat-ent infringement suits.

“It certainly is a major change in where these cases will be brought in the future,” says Jim Muldoon, a partner at Harris Beach PLLC who specializes in patent litigation.

The court’s unanimous ruling in TC Heartland v. Kraft Foods Group Brands should bar many patent owners from suing in Texas and give defendants in future patent infringement suits a leg up in court.

In the case, Kraft sued TC Heartland LLC, an Indiana-based maker of wa-ter flavorings, for patent infringement in federal court in the District of Dela-ware. TC Heartland argued that under a correct interpretation of patent law, that district was not the proper venue for Kraft’s suit. The “venue” of a case is the proper or most convenient location in which to undertake legal action in a case—in this context, to file a civil suit.

At that time, federal courts ruled upon venue issues in light of Sections 1400 and 1391 of the U.S. Code. Section 1400 applies only to venues in patent cases.

“You can sue them in the state in which they are incorporated, or in a state where they have a physical presence or are doing business, and in which they commit an act of infringement,” Mul-doon says.

Section 1391 reflects a much more broad view of the proper venue in which to file a civil suit. For some time, fed-eral courts had long interpreted 1400 in combination with 1391.

“The combination of those two al-lowed patent plaintiffs to in essence sue a defendant corporation anywhere that defendant does business,” says attorney Andrew Zappia, chairman of the board of the law firm LeclairRyan P.C.

TC Heartland, which is not incor-porated in Delaware and shipped only about two percent of its products in that state, argued that it could not be sued in that venue.

“The argument here that Heartland is making is that 1400 is supposed to limit venue,” says Teige Sheehan, a patent at-torney with Heslin Rothenberg Farley & Mesiti, P.C.

The Delaware court and a federal ap-pellate court rejected TC Heartland’s argument, and the firm appealed again.

“This case has to do with where patent holders are able to bring patent infringe-ment lawsuits against alleged infring-ers,” Sheehan explains.

The Supreme Court ruled 8-0 for TC Heartland, reversing the decisions of the lower courts. Justice Clarence Thomas wrote the opinion for the court.

“It was a strict statutory interpreta-tion,” Zappia says. “He (Thomas) went to the text of the patent venue provision and read that text and found no basis for the federal circuit’s interpretation.”

As a result, the proper venue for a patent infringement suit must now meet the more strict conditions set out in Sec-tion 1400.

Though the Supreme Court’s ruling applies only in cases involving corpo-

rations, it could have wide-ranging ef-fects for a number of reasons. The pre-vious and broader interpretation of what constitutes a proper venue encouraged some patent infringement suit plaintiffs to engage in what is sometimes called “forum shopping.”

“Each judicial district has its own character, under its rules, its judges, its jury pool,” Zappia explains. “People try to pick the venue they think will be best for their case.”

As a result, large numbers of plaintiffs have filed their cases in a few “friendly” federal districts. That friendliness shows itself in a number of ways. Some courts are in what are called “rocket docket” districts.

“They have rules where the cases move quickly,” Zappia says. “That’s usually beneficial to the plaintiff.”

Judges in those districts also tend to avoid granting early motions to dismiss or transfer cases—another advantage for patent infringement plaintiffs. Jury pools often favor the interests of prop-erty owners.

“A patent owner is really a property owner,” Zappia says.

Of the more friendly districts, the Eastern District of Texas is particular-ly popular among patent infringement plaintiffs.

“There was a time when more than half of all patent litigation in the Unit-ed States was being heard in that one federal court,” Zappia says. “Delaware is also a popular venue for patent own-ers—I’m pretty sure it’s the second most popular venue.”

Such jurisdictions can present a num-ber of problems for the defendants in patent litigation cases. Rocket docket districts often leave them at a disadvan-tage.

“If a patentee has a substantial period of time before it brings the lawsuit to prepare its case, it can force a defendant in a patent infringement case to have to play catch-up,” Muldoon says. “That

put a lot of pressure on defendants to go ahead and settle.”

The firms being sued might need to mount their defenses in courts that are considerable distances from their bases. That can place their attorneys at a tacti-cal disadvantage.

“Attorneys certainly like to be in their home court, where they know the judg-es, they know the clerks,” says Tracy Jong, founder and lead partner of the Tracy Jong Law Firm.

In addition, patent litigation is expen-sive under all circumstances—just the initial work can cost tens of thousands of dollars. Traveling to a far-flung fed-eral court adds to the drain on a defen-dant’s finances.

While such conditions are difficult for defendants to deal with, certain types of law firms and attorneys, called “non-practicing entities,” or “patent trolls,” have taken advantage of them.

“They buy up cases where there may be claims—they buy them for pennies on the dollar—and then go ahead and start the lawsuits and try to profit,” Jong explains. “For companies, especially smaller companies, it’s very expensive to litigate those far away from home. A lot of times, they just give in because of financial pressure.”

The TC Heartland ruling could change at least some of the circumstances un-der which patent infringement suits are brought.

“It probably will dissuade some of the forum shopping,” Jong says.

By limiting the venues in which suits can be brought to those enumerated in Section 1400, the ruling could also re-duce the advantages that plaintiffs have held in some courts.

“You’re going to see cases brought in places where the defendant resides, i.e., where it is incorporated,” Zappia says. “It’s more favorable toward de-fendants.”

Though some federal courts might see more litigation as a result, others will

have fewer patent infringement cases on their dockets in the future.

“(The) Eastern District of Texas will see a lot less, because it will be harder to establish proper venue there,” Zap-pia explains.

The ruling might also reduce the in-cidence of patent trolling.

“It will be harder for patent trolls or non-practicing entities to pick venues where they want to hold lawsuits, in-cluding some of these very popular dis-tricts,” Sheehan says.

That is not to say that TC Heartland v. Kraft Foods Group Brands has changed the entire landscape for patent infringe-ment suits. It is unlikely to affect cases that have already been adjudicated.

“If a defendant wants to challenge venue, they need to do it very early in the case,” Sheehan says. “If they’ve moved past certain stages of litigation without having done that already, that argument is no longer up for review.”

Patent infringement suits will also continue to fill the dockets of some U.S. courts.

“A lot of cases will go to Delaware, because Delaware is a favorite location of incorporation,” Zappia says.

Moreover, despite the tightening of venue requirements, districts that have tried many patent infringement cases will still offer valuable advantages for both plaintiffs and defendants.

“Patents are extremely difficult to liti-gate,” Jong says. “When we have certain courts that have a whole bunch of cases, they end up developing an expertise in patent law.”

As to how the Supreme Court’s ruling will affect future patent infringement suits, only time will tell.

“The perception is, this will level the playing field and make it a little bit fair-er,” Jong says. “Whether it’s true or not, I’m not sure.”

Mike Costanza is a Rochester-area freelance writer.

High court ruling may aid defendants in patent suits

Photo by Kate Melton “It was a strict statutory interpretation,” says Andrew Zappia, chairman of the board of the law firm LeclairRyan P.C., of the unanimous Supreme Court ruling that reversed the decisions of the lower courts.

JUNE 9, 2017 ROCHESTER BUSINESS JOURNAL / SPECIALREPORT PAGE 11

Appropriate for personalinjury cases but not soconsumer contractsBy SHEILA LIVADAS

D espite being more private and effi-cient than litigation, arbitration has its flaws. In recent years, mandato-

ry arbitration clauses have cropped up in a sweeping range of consumer contracts and employment agreements, prompt-ing some to question whether the intent of the dispute-resolution technique has gone awry.

“There are some arbitrations that we use all the time, and there’s others that are horrifically bad policy,” says Mat-thew Belanger, partner at Faraci Lange LLP. “So you can’t clump them all to-gether.”

Arbitration is quite useful in person-al-injury cases that have a single issue of disagreement, Belanger notes. But forced arbitration clauses in consumer contracts and employment agreements “take away individual citizens’ or con-sumers’ rights to bring actions in court,” he says.

As an alternative to litigation, ar-bitration involves turning to a neutral third party to resolve a dispute outside of court. A practicing attorney, retired judge or nonlawyer with expertise in the field of the dispute presides over the arbitration hearing, which is less formal than a courtroom case but may involve aspects of a trial, including questioning witnesses.

Arbitration’s roots stretch back to medieval times, when court-appointed “love days” in England encouraged par-ties to resolve their differences them-selves rather than by common law. Dur-ing the War of the Roses in the 15th century, Henry VI led feuding nobles in a love-day procession to London’s St. Paul’s Cathedral, but the reconciliation proved short-lived.

Arbitration also has played a key role in American history. In 1775, the Sec-ond Continental Congress made a last-ditch effort to avert the Revolutionary War by adopting the Olive Branch Pe-tition, which expressed hope for recon-ciliation between the colonies and Great Britain. George III’s decision not to read the petition ended up galvanizing sup-port for independence.

When administered properly, arbitra-tion has merits. The process is gener-ally less expensive than litigation and more private, given that most parties allow only those with a direct interest in the proceeding to attend an arbitra-tion hearing.

“Arbitrations don’t typically involve any motions or appeals, so reaching a

final conclusion is generally a quicker process than regular litigation,” adds Edward Premo, partner at Harter Se-crest & Emery LLP. “Although it can still be a year-and-a-half (or) two-year process, depending on the complexity of the case.”

Yet some of arbitration’s pluses can be minuses, depending on the nature of the case.

“Sometimes you want to have an abil-ity to get more discovery, particularly if the other party has much of the in-

formation, and you don’t have that,” says Joseph Nacca, member at Bond, Schoeneck & King PLLC. “You may want to have a situation where you’re able to take depositions and you’re able to serve more discovery demands and gather more information—just because you may be in the position of not know-ing a lot of the underlying facts.”

Another knock against arbitration has to do with how difficult it is to appeal an arbitral award.

“You generally have to show that

there was some sort of misconduct by the arbitrator, or there was some sort of fraud in the manner in which the case was presented to the arbitrator, or that the arbitrator exceeded his or her au-thority to make a decision,” Nacca says, adding that some parties like the finality that arbitration offers.

Contrary to public perception, arbitra-tion does not eliminate the possibility of winding up in court.

“If you get an award in arbitration and the other side doesn’t pay it, you may have to go to court to get that award confirmed and have it become a judg-ment,” Premo says.

Whether the transaction involves opening a bank account, getting a job or buying a vacuum cleaner online, busi-nesses of all stripes have begun shield-ing themselves from class-action law-suits by burying language about man-datory arbitration in contracts.

“And for many people who have a modest claim—somebody who, for example, has bought a product that’s not functioning or a somebody who’s been delivered a service that’s substan-dard—they couldn’t necessarily afford on their own to litigate that and try to get some sort of recompense,” says Don-ald O’Brien Jr., partner at Woods Oviatt Gilman LLP.

He adds: “So there are people, par-ticularly in situations where there is no equal bargaining power, who are unhap-py in many instances with arbitration.”

If funneling disputes away from the courts continues, “I think you will begin to see more resistance in some settings to (arbitration’s) use,” O’Brien says. “I think you will still continue to see it as a viable option for business-to-business disputes, and I don’t want to say that arbitrations are all bad.

“But I think the underlying question is: ‘Is this something that both parties are embracing?’ or ‘Is it something that one party is insisting upon, and the other party really has no power to resist?’”

In personal-injury cases, parties some-times agree to arbitrate how much a case is worth.

“(In those cases) we discuss and nego-tiate the rules for the arbitration—what will the arbitrator see, who will testify, what’s the scope of cross-examination,” Belanger says. The process might cost less than $1,000 and take a morning or an afternoon instead of two or three trial days.

But that approach is a far cry from mandatory arbitration provisions in con-tracts that “are forced upon consumers and employees,” Belanger says. “And they are by definition unequal, and they strongly favor the drafter of the con-tract.”

Sheila Livadas is a Rochester-area freelance writer.

Less formal arbitration not always better than judiciary

Photo by Kate MeltonJoseph Nacca, member at Bond, Schoeneck & King PLLC, says some parties like the finality that arbitration offers.

A s a manager, can you fire an em-ployee who yells and swears at you? If you think the answer is

“Of course!” read on.The National Labor Relations Act

protects employees in some circum-stances where they otherwise could be fired for misconduct—including in some cases where the employee swears at a supervisor or is otherwise belliger-ent or confrontational.

Under the NLRA, employees have the right to form, join or assist a union, to bargain collectively over terms and

conditions of employment, and to en-gage in “other concerted activity for … other mutual aid or protection”—known as “protected concerted activ-ity.” Although much of the NLRA deals with unions and union relations, the concept of “protected concerted activ-ity” applies to all U.S. workplaces, in-cluding those without any unions and without any union activity.

Employees are protected from disci-pline or discharge if they act together to

further a group interest regarding their terms and conditions of employment, such as asking for better pay or com-plaining about unsafe working condi-tions. Federal law has recognized that this kind of dialogue sometimes can get heated, and the NLRA protects certain “outbursts” and “bad language” that otherwise would be enough to get the employee fired.

Two recent decisions highlight the

Vulgar tirade may not be grounds for firing the employee

VIEWPOINTStephanie Caffera


ROCHESTER BUSINESS JOURNAL / SPECIALREPORT JUNE 9, 2017

dangers of acting quickly to terminate an employee for “misconduct.”

In the first case, National Labor Re-lations Board v. Pier Sixty LLC, the NLRB reinstated a catering company employee who posted the following on his Facebook page about his supervi-sor: “Bob is such a nasty mother f**ker don’t know how to talk to people!!!!!! F**k his mother and his entire f**king family!!!! What a loser!!!! Vote yes for the union!!!!!!!”

The employee posted this message during a break from work, after the supervisor told him and others to, “Spread out, move, move!” using a “raised, harsh tone.” The employee was upset by this latest mistreatment by his supervisor and immediately added the post. The NLRB found the firing was illegal and reinstated the employee with full back pay and benefits, plus interest calculated daily.

On April 21, the Second Circuit Court of Appeals upheld the NLRB’s decision, finding that, although the employee’s conduct sat at the “outer-bounds” of protected conduct, it was not so “opprobrious or egregious” as to lose the protection of the NLRA.

Critical to the court’s decision were that the employer “had demonstrated its hostility toward employees’ union activities” and had taken actions the union contended were unfair labor practices, such as enforcing a “no-talk” rule that prevented employees from discussing the union; that the Face-book post, although vulgar, clearly ad-

dressed workplace concerns (protesting mistreatment by a supervisor, as well as encouraging co-workers to vote for the union); and that the working envi-ronment had been tense surrounding the upcoming union election. Accord-ingly, the court held that the NLRB “could reasonably determine that [the employee’s] outburst was not an idio-syncratic reaction to a manager’s re-quest but part of a tense debate over managerial mistreatment” in the days before a union election.

Also critical to the decision was that the employer had allowed vulgar lan-guage in the workplace, including from supervisors. Therefore, the employer could not punish the employee for us-ing that same language when protest-ing his supervisor’s treatment of him.

Different facts result in different outcomes, as an NLRB administra-tive law judge reminded us April 28. In a case involving Harbor Rail Ser-vices Co., the administrative law judge upheld the firing of an employee who yelled at a management representa-tive, “F**k you and f**k this job!” The judge concluded that the employ-ee’s use of profanity caused him to lose the protection of the act.

The employee in the Harbor Rail case worked cleaning and repairing rail-road cars. He was upset about having to work outside in cold, rainy weather and complained about the weather and about not having a break. He worked slowly, complaining loudly to his co-workers and “trying to get everybody in an uproar.” Other employees had stopped working to listen to him gripe.

When a management representative saw the employees standing around,

he told them to get back to work. The employee hurled obscenities at the management representative, allegedly yelling, “F**k this sh*t!” and “F**k you and f**k this job!” The employee continued to yell and swear at a super-visor who came to the site. As a result, his employment was terminated.

The employee claimed he had been terminated illegally for protected con-certed activity and tried to tailor his testimony to the Pier Sixty case. He emphasized that he was complaining about working conditions and testified that employees frequently cursed in the rail yard, but he admitted it was just friendly and “wasn’t insulting or in an insulting manner towards anybody.”

The judge found that the employee was engaged in protected concerted ac-tivity immediately before his outburst: he was trying to get his co-workers to support his complaints about working conditions and was “rowdy” in relation to his complaints. However, the judge concluded that the employee lost the protection of the act by his vulgar out-burst. The employee was insubordinate by refusing to return to work, he yelled and used profanity toward a manage-ment representative in front of other employees, and he continued to use profanity when a supervisor arrived. “Overall,” said the judge, his conduct was “of such a character as to render him unfit for further service.”

The judge emphasized that the em-ployee’s outburst occurred in the work area, in the presence of more than a quarter of the employer’s workforce, and had stopped them from working. An employee’s right to engage in pro-tected concerted activity, noted the

judge, must be balanced against “the employer’s right to maintain order and discipline” in the workplace. The ad-ministrative law judge also found that the employee’s use of profanity did not occur “in a moment of animal ex-uberance” that might excuse his con-duct. Accordingly, the employee lost the protections of the act by his insub-ordinate and profane statements, and Harbor Rail did not violate federal law by terminating him for his misconduct.

Employer takeawaysThese two cases highlight the impor-

tance of understanding federal labor law before disciplining or discharging an employee. Employers should:

Be consistent in disciplining em-ployees. If employers do not approve of vulgar comments in the workplace, they should take appropriate steps to prohibit that conduct.

In cases of employee misconduct, carefully consider the context and con-sult with legal counsel, as necessary, before taking disciplinary action. This is especially the case with discipline arising from an employee’s comments on social media.

Review employee handbooks and policies. Certain previously “standard” policies have been found to violate em-ployees’ right to engage in protected concerted activity. In particular, em-ployers should seek legal review of all non-harassment, social media, confi-dentiality, non-disparagement, work-place conduct and similar policies.

Stephanie Caffera is a partner in Nixon Peabody’s Labor and Employ-ment group.

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VIEWPOINTContinued from page 11

Nestled in the Finger Lakes region, the birthplace of the early women’s rights movement, Bristol Valley Theater is celebrating 100 years of women’s voting rights in New York with a female-focused summer season.

“The Finger Lakes and our surrounding region is the epicenter of the suffragist movement’s history,” says Executive Artistic Director Karin Bowersock. “We’re thrilled to be able to feature performances not only at our Naples theater, but at the partner sites where the actual history was made.”

The series, Hear Me Roar, will feature female playwrights and performers, with six professionally produced plays and musicals, four solo performances and talks on the fight for women’s voting rights.

Launching the season June 15 is “Murder Ballad,” above, a rock musical about a love triangle set in a New York City bar. Julia Jordan wrote the story and lyrics, and indie singer/songwriter Juliana Nash wrote the music.

The production’s set design brings the action closer to the audience, with some on-stage seating and drinks served from the stage before the show and during intermission.

“We really wanted to expand the audience experience,” says David Shane, BVT’s associate artistic director and the show’s director.

The first solo performance in the series will be New York City comedian Liz Wasser’s show, “Saturday Morning Special…Fun!” on June 20.

BVT’s season runs from June 15 to Sept. 3. The full season calendar and details about expanded programming are available online. bvtnaples.org

The music of summerParty in

the Park outdoor concerts start June 15 with Los Lobos (right), Adam Ezra Group and Neil Van Dorn.

The popular summertime series returns to Martin Luther King Jr. Park for nine consecutive Thursdays. Bring a blanket and relax on the grass. Food and beer trucks will be serving all evening. Bringing kids? The park has a great playground.

The rest of this year’s lineup:June 22: Living Colour, Aqueous and Matthew

Corey;June 29: Giant Panda Guerilla Dub Squad, Big

Mean Sound Machine and Personal Blend;July 6: Tim Reynolds TR3, the Movement and

White Woods;July 13: Blues Traveler, Kat Wright and Dirty

Bourbon Band;July 20: Los Lonely Boys and the Dan Eaton Band;July 27: The Machine Performs Pink Floyd and

Into the Now;Aug. 3: Matisyahu, Danielle Ponder and the

Tomorrow People, and Ocular Panther; Aug. 10: Donna the Buffalo, Zach Deputy and

String Theory.Shows start at 6 p.m. cityofrochester.gov/pitp

1 Get a whiff of history during Peony & Rose Weekend at the Ell-

wanger Garden on Mt. Hope Avenue. The garden once belonged to George and

Cornelia Ellwanger. He was a cofounder of the world-renowned Ellwanger and Barry Nursery. The garden will be open June 10 and 11 from 10 a.m. to 4 p.m. landmarksociety.org

2 Bristol Mountain Aerial Adventures will bring its mobile park to the

Strong museum June 15 to 25. Try the twisted spi-der web and other nets, log swings, board bridges and monkey ropes. It’s back by popular demand; entry is by timed ticket. museumofplay.org

3 Take a trip to Ireland and Scotland with a drive to Mumford June 17 for

the Celtic Faire at Genesee Country Village & Museum. Traditional dancers, music, food and activities like a fir-kin foot race will transform the living history museum. gcv.org

4 Cathedral-like evergreens will provide natural acoustics for Orchestra

in the Pines, a concert by Finger Lakes Symphony Or-chestra at Cumming Nature Center June 17. Local wine and beer will be available for purchase all afternoon. Come early to hike and relax and meet the musicians before the 3 p.m. show. rmsc.org

5 The Baobab Cultural Center is celebrating Ca-ribbean-American Heri-

tage Month with a film se-ries. The series starts June 9 with a focus on Jamaica in “The Price of Memory” and continues with “The Wind That Blows,” June 16; “Be-tween Worlds,” June 23; and “Auntie,” June 30. Mov-ies start at 6 p.m. rochester-jamaican.org

ROCHESTER BUSINESS JOURNAL exploregreaterrochester.com

PAGE 1306.09.17

See more Explore Greater Rochester onl ine; vis i t exploregreaterrochester.com.

BriTTo in rochesTerWorld-

renowned pop artist Romero Britto will be in Rochester next week for a show of his work at the Nan Miller Gallery.

Britto will attend an opening reception from 7:30 to 9 p.m. June 14 at the Monroe Avenue gallery in Pittsford. The exhibition will be on display through July 15.

More than 50 of Britto’s artworks are in the show. Created in the artist’s signature bold, colorful and playful style, they are original canvases, sculptures, prints from rare sold-out editions, and paintings from his most recent collection.

Miller was Britto’s exclusive publisher and distributor from 1991 to 2004. The show will include work in a style that harkens back to those days, with pieces painted in acrylic on newspaper.

The exhibit is a rare opportunity to view such a wide selection of Britto’s work locally and to meet the artist in person, Miller says. The reception is free and open to the public. Reservations are requested; call (585) 292-1430 or email [email protected]. nanmillergallery.com

WEEKEND

BESTBETS XXX

“Million Dollar Quartet” is bringing down the house at Geva Theatre Center, and its run has been extended through July 2. The show puts the audience in the studio at Sun Records on Dec. 4, 1956, when four young musicians—Jerry Lee Lewis, Elvis Presley, Carl Perkins and Johnny Cash—got together for a memorable jam session. Hunter Foster directs his first Geva show. gevatheatre.org

ON STAGEGEVA JAM

FIREWORKS THIS WEEKEND!SATURDAY, JUNE 10 - 7:05 p.m. vs. Syracuse (Nationals) ... Post-Game Fireworks, pres. by ESL Federal Credit Union ... ZOOperstars Appearance.

FRIDAY, JUNE 9 - 7:05 p.m. vs. Syracuse (Nationals) ... Post-Game Fireworks, pres. by Local Toyota Dealers ... Byron Buxton Lunch Bags (1st 1,600 kids), pres. by Zweigle’s News 8 and 100.5 The Drive ... Breakin BBoy McCoy Appearance.

SUNDAY, JUNE 11 - 1:35 p.m. vs. Syracuse (Nationals) ... Baseball Giveaway (1st 1,000 fans), pres. by Hurlbut Care Communities & Fickle 93.3 ... Catholic Schools Throwback Jersey Auction ... Knot Hole Gang Kids’ Club Day pres. by Excellus Blue Cross BlueShield ... Post-game Run the Bases with Spikes & Mittsy pres. by The Burger Bar at Wegmans Pittsford.


Trust your gut. Make the call, even if you’re not sure. We can help you figure out

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RBJ 06_05_ 2017 FathersDay 2017.indd 1 5/16/2017 1:43:25 PM

I f you’ve ever looked in the cockpit of a vintage aircraft from the ’40s, ’50s or ’60s, one thing that you un-

doubtedly noticed were acres of ana-log “steam gauge” dials and a forest of toggle switches. These controls were deliberately designed to provide pilots with all of the information about all of the aircraft systems all of the time.

Even though this kind of cockpit lay-out seems to be rather sensible, it of-ten had the unintended effect of mak-ing the pilot’s job harder. The problem was that all these “essential” gauges and switches provided so much information that the pilots could not effectively deal with it.

I recall a documentary about the Viet-nam War in which an American fighter pilot described his response to this in-formation overload. He said that even though it was against the rules, the first thing he and his co-pilot would do af-ter they took off was to start shutting warning systems down. He explained that if they didn’t do this, there would be constant flashing lights and alarms sounding as they entered enemy air-space where surface-to-air missile sys-tems would be trying to get a radar lock on them.

Even though this may have made them more vulnerable to getting shot down, they always took the risk because they needed to focus on only those things that were essential to accomplishing their mission.

As fighter aircraft became even more sophisticated over time, the potential for information overload was further exacerbated. Fortunately, aircraft manu-

facturers listened to the pilots and re-sponded by greatly simplifying cockpit information panels.

The F-35 Joint Strike Fighter that is still being developed by the U.S. Air Force is one of the latest examples of this work. In this more modern cockpit, almost all of the old dials and switches have been purposefully removed and replaced by a large liquid-crystal touch screen. The entire system was specifi-cally designed to reduce workload by displaying only critical information pi-lots require to complete their tasks.

Fighter pilots are not the only pro-fessionals that are vulnerable to infor-mation overload. Corporate managers and directors face the same challeng-es. They are tasked with accomplish-ing their business missions in “enemy territory” every day in an increasingly complex regulatory environment.

As anyone who has been one knows, corporate managers and directors are already subject to significant informa-tion overload. Every day managers are barraged by hundreds of emails and are expected to study and understand the blizzard of financial performance data from internal accounting systems all the while jumping from one meeting to the

next and, once in a while, focusing on the people they are responsible for man-aging. Directors often get hundreds of pages of documents a few days before board meetings that frequently contain more information than anyone could be reasonably expected to process and re-spond to.

The problem is that, unlike fighter aircraft, corporations have done com-paratively little to improve or simplify gauges designed to provide critical in-formation about the organization’s com-pliance and ethics performance. In fact, truth be told, many have been flying since takeoff with virtually no gauges at all. This “flying blind” strategy has worked for some that have gotten lucky and stayed aloft, but many others have crashed and burned.

As business professionals in legal and compliance functions work to develop meaningful metrics and dashboards in response to various government man-dates, they would be well advised to learn from aircraft designers. The ob-ject should not be to gather every scrap of available information regarding en-terprise ethics and compliance perfor-mance.

Instead, to navigate well, those in charge need to be provided the critical few bits of information that will help them make informed judgments and en-sure a safe and successful flight. Some examples of “gauges” you may consider installing include ones that measure and report on:• The state of the organization’s ethi-cal culture;• The capability of key compliance

management systems;• The status of planned corrective ac-tions in response to audit findings; • Employee turnover;• Fines related to employee misconduct;• Detected financial losses from em-ployee fraud;• Legal fees and investigative costs as-sociated with employee misconduct; and• Recordable injury rate.

The actual compliance and ethics met-rics you should choose will depend upon the kind of “aircraft” your management is flying and the information they deem critical to performing their jobs. But, as with aircraft cockpits, fewer compli-ance and ethics metrics may increase the probability that your corporate “pilots” will actually look at and respond to the instruments on their dashboard.

Jim Nortz is chief compliance officer for Carestream Health Inc. He also is a former board member of the Rochester Area Business Ethics Foundation and the Ethics and Compliance Officer As-sociation. The opinions expressed in this article are his alone and may not reflect those of the RABEF, the ECOA or Car-estream Health. Nortz can be reached at [email protected].

Put the right dials on dashboard to keep your business aloft

BUSINESSETHICSJim Nortz

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carrying out an entire phone conversa-tion, especially with people who they don’t know or don’t know well. That obviously creates anxiety for them. “

For other millennials, using the phone represents inefficiency.

“Phone calls eat away at my time, in-terrupt my workflow, and just gener-ally cause me to experience existential overhead (the mental cost of distraction and stress of uncompleted tasks),” wrote Jayson DeMers, founder and CEO of a startup in Forbes.com in 2014. “I find emails, on the other hand, to be far more flexible and thorough, and actually find that they increase my productivity.”

A 2014 Gallup poll showed that text messages outrank phone calls as the dominant form of communication among millennials. Some 68 percent of those aged 18 to 29 reported that they texted “a lot” the previous day, a figure that dropped to 47 percent as they got older (30- to 29-year-olds) and 26 per-cent among 50- to 64-year-olds. Many companies have dropped voicemail for employees who don’t interact directly with clients.

Another 2015 study, by Informate, a mobile data tracking firm, reported that U.S. smartphone users are sending and receiving five times as many texts as phone calls on a given day. The study noted that Americans spend about 26 minutes per day texting compared with six minutes per day on voice calls.

Despite its decline in popularity, the phone is still a powerful tool, especially in complex or sensitive situations and client-facing roles in the workplace.

“It may be a social dinosaur, but it’s a long way from extinction in the work-place,” Blythe says.

Indeed, many managers quoted in a 2013 Wall Street Journal article said that avoiding the phone can damage busi-ness and cause project delays and mis-understandings. Studies show that con-versations, whether in-person or over the phone, result in more effective conflict resolution and decision-making.

“The biggest drawback and danger with email is that the tone and context are easy to misread,” wrote Anthony Tjan, founder of a venture capital firm, in the Harvard Business Review. “In a live conversation, how one says some-thing, with modulations and intonations, is as important as what they are saying. With email, it is hard to get the feelings behind the words.”

Email and texting tend to promote re-active responses that are not focused on progress and action, he says, and they can prolong debate.

“I have experienced situations which start relatively benignly over email, only to escalate because intentions and inter-ests are easily misunderstood online,” he wrote. “When I ask people if they have called or asked to meet the counterpart to try and reach a resolution, there is usually a pause, then a sad answer of ‘no.’”

For a group used to emailing and tex-

ting constantly, the secret to the suc-cessful use of the phone is in training, Blythe says.

“I’ve found that the best way to train millennials and get them to change hab-its is to explain both the problem and the solution. When encouraging them to get on the phone, it’s important that they un-derstand why, in certain situations, the phone is so much more effective than other means of communication.”

“If you’re able to outline the different scenarios where email/social media etc. are more appropriate, you’re more likely to get buy-in for the scenarios where the phone is so important. From there, it is a case of making sure that they’re comfortable on the phone itself, so I’d suggest role plays and other exercises to de-mystify the method of communica-tion,” Blythe says.

Cardon believes the key to motivating younger professionals to make phone calls is to show them that they may be missing professional opportunities.

“Last year I did a nationwide survey of 1,000 managers, from frontline all the way to senior executives, about how much time they spend with various com-munication channels. On average, man-agers spend about five hours per week on phone calls,” he says.

“About 25 percent of managers spend over 10 hours on the phone. The high-er up the manager, the more time they spend on the phone. The message is clear: if you want to advance in your career and open up opportunities, you often need the personal touch of phone

calls.”In his classes, Cardon says he includes

training about using all types of commu-nication channels, including phoning.

“Some students are somewhat resis-tant to the idea of calling at first. But sharing some success stories and statis-tics about the importance of calls usu-ally garners some interest.” In addition, he says that students who have been in internships already, especially at con-sulting companies, successfully share their experiences working with clients by phone.”

“When they share these experiences with the rest of the group, it creates a lot of buy-in among other students. Provid-ing some engaging, experiential learning activities—generally involving mock calls in tricky situations—instills confi-dence in younger professionals that they can succeed in these situations,” Cardon says. “In our training, not only do we fo-cus on the content of their phone conver-sations, we also prioritize verbal tone.”

“I think some people mistakenly be-lieve phone conversations are going away because of the ease of using mes-saging apps and online conferences. In reality, there’s still a huge demand for phone calls, and young professionals who take the initiative to make calls will gain more career opportunities.”

Managers at Work is a monthly col-umn exploring the issues and challeng-es facing managers. Contact Kathleen Driscoll with questions or comments by phone at (585)249-9295 or by e-mail at [email protected].

DRISCOLLContinued from page 5

of America’s sexual assault program.Pier started his human service career

in the juvenile justice world, where he worked with youth and families in crisis.

“I worked with them during after-school programs, and I worked with them inside their homes, and I oversaw and managed multiple programs for the community, reaching out to these fami-lies,” Pier recalled. “They were pretty much children who had been through trauma and through a lot of difficult times, and they were struggling in life.”

Pier will use his more than two de-cades of experience in his new role at the Healing Connection. His experi-ence will help lead the organization as

it grows and expands, founder Mary Tantillo said.

“Jeff is a collaborator, a team builder and has spent years working with peo-ple who have suffered through trauma and the effects it has had on their lives,” Tantillo said. “He has seen firsthand how these experiences have adversely impacted a person’s feelings of self-worth, relationships with others and overall health and well-being.”

Since its founding in 2010, the Heal-ing Connection has assisted more than 600 eating disorder patients age 12 and older. The organization, which opened an outpatient clinic on University Av-enue last fall, can serve patients from across Upstate New York.

The agency is home to a partial hos-pitalization outpatient day program that

limits its treatment to 10 patients at a time and provides 35 hours of inten-sive programming a week for several weeks. Patients in the program—the first transitional program of its kind in upstate—start their day with lunch at the clinic and remain on-site through dinner.

“What’s fascinating about the out-patient clinic is that we also work with people with high anxiety, depression and other kinds of mental health dis-orders that might be contributing to the eating disorder,” Pier said.

Pier plans to reach out to individuals at risk in poverty-stricken communi-ties, low-income individuals who suffer with multiple psychosocial challenges and patients with physical health prob-lems such as diabetes and obesity.

“We know that our community has wonderful resources that work with people with trauma, such as sexual as-sault programs, domestic violence pro-grams and other kinds of trauma,” Pier said. “And there’s a big correlation be-tween trauma and eating disorders.”

Some experts estimate 30 percent of people with addiction behaviors also have eating disorders. Pier wants the public to know the Healing Connection is there to help.

“We truly believe that for families and people with eating disorders to heal they need to have a connection in their life,” he said. “Their connection is their fam-ily, their natural supports. It could be their friends. It could be our therapists.”


of the nonprofit and became director of communications and public relations in 2013. The chance to apply skills while developing her career in the organization made a strong combination for Mullen.

“It was forging my own path a little bit,” Mullen says. “I had a lot of room here to do what I wanted to do and craft what I wanted to craft when it came to driving the communications materials.”

She took on her current role in May 2016.

Mullen says her personality aligns nicely with the organization.

“I’m definitely the type of person that doesn’t like to make a decision on the spot,” Mullen says. “I like to take a mo-ment to digest and take a step back and assess the options and think about it, and figure out what makes the most sense.”

Much of Mullen’s role today requires her to step outside of her comfort zone. Fundraising was not something she thought she could do at first. Asking people for money was not the most ap-

pealing role for someone so shy and re-served, she says.

“At the end of the day, when I go to ask people for things, I’m not asking for me, I’m asking for them,” Mullen says.

Aligning a donor’s desire to help oth-ers with the needs of the population she serves has made Mullen understand the true breadth of CDS Life Transitions.

Without the support of the community, the individuals served by the nonprofit would not be thriving as much as they are today, she says.

“When you’re doing donor work, you want to make sure that you’re giving your time to those people that are really helping your organization to grow and make the services available to people,”

she says.Rochester’s philanthropic nature

gives organizations here an advantage and strong support despite the economic climate, Mullen says.

“It is a tough environment to be in for fundraising anytime,” she says. “I think Rochester is a very philanthropic community, so I feel very lucky to be working in the field here in Rochester.”

From day one, Mullen has sought to improve her skills. That desire has helped to energize her career and get her to her goals.

“I feel very fortunate that I’ve been able to spend pretty much my entire ca-reer here and have found this kind of success, and (to) apply the skill-set that I went to school for and found to be of interest to me,” she says. “What’s most rewarding for me about this is the fact that I’m able to make a direct impact for people in their everyday lives.”

[email protected] / 585-653-4020#Team PXY with Carter and Corey

on 98PXY is a partner with Fast Start. Listen on Monday from 6 to 10 a.m. for their interview with Taryn Mullen.

EATING DISORDERContinued from page 1

FAST STARTContinued from page 3

Photo courtesy of CDS Wolf Foundation


If you are interested in listing your nonprofit fundraiser in the weekly Community Events Calendar and Clearinghouse, call (585) 232-6947, or email at [email protected].

A Weekly Profile of a Local Nonprofit Organization

If you are interested in having your group featured in the Nonprofit Report, please email Rochester Business Journal

at [email protected]

A Weekly Listing of Upcoming Nonprofit and Community Events

Sponsored by:

FRIDAY, JUNE 16Sojourner House at PathStone will host a Gala for Strength in celebration of 35 years serving homeless women and children. The event, beginning at 6 p.m., will include a full-service dinner, complimentary cocktails, Shine band and a silent auction at Casa Larga Vineyards. The gala will hon-or and reinforce efforts to allocate scarce resources on behalf of the most vulnerable members of our community. Gala for Strength is supported by Winn Companies, Waste Management, REMAX, Town & Country Pest Solutions and Delaney Marketing, among other local companies. Indi-vidual tickets are $135 and tables are available. www.so-journerhouse.org/gala

TUESDAY, JUNE 20

Wine Tasting and Bus Depot Tour for Ticket 2 Ride: Join Ticket 2 Ride in raising funds for bus passes to enable low-income defendants to comply with court mandates. The event, at Tapas 177, 177 St. Paul St., from 5:30 - 7:30 p.m., includes hors d’oeuvres, wine-tasting, and an optional tour of the bus depot (if you are not a bus rider, you have no doubt been curious to see it), plus raffle and prizes. The organization’s goals are to reduce missed court dates, missed probation meetings, missed drug and alcohol treat-ment and missed job training; avoid bench warrants; stop diverted police time looking for missing defendants; save taxpayer dollars on unnecessary jail nights; and enable defendants to restart their lives. Lack of transportation is often the cause; a $2 bus pass can make all the difference! Ticket 2 Ride is a program of Delphi Drug and Alcohol Council. Questions? Email [email protected] or see the website: Ticket2Ride.agency.

THURSDAY, JULY 13Third Annual Dimitri House-SMP Golf Tournament: Shad-ow Lake Golf Club, 1850 Five Mile Line Road, Penfield. Dimitri House’s third annual golf tournament is presented by our premier sponsor: SMP, to raise funds for Dimitri House programs. In 2016, our Food Pantry served 3,137 individuals in the northeast region of Rochester. Our Drop-In Lunch program served 5,133 hot meals, and our Men’s Emergency Winter Shelter provided a total of 1,110 bed nights to more than 35 men. Our DASH program placed 49 people into permanent housing along with case man-agement services. Your registration fee of $125 in-cludes: lunch, dinner, 18 holes of golf, cart, contests and great prizes. If you don’t golf, join us for dinner; it is just $30 per person. Contact your friends, form a team, and join us for a great day of golf fun to support Dimitri House. Registration opens at 9 a.m. with shotgun start at 10 a.m. Visit www.dimitri-house.org for easy online registra-tion or download a printable form. For more information, email Gene Renner at [email protected], or call 585-325-1796.

Heritage Christian Services Inc. partners with thou-sands of people throughout the Rochester and Buffalo areas to ensure everyone, including children, older adults and people with developmental disabilities, feels valued and respected.

Most of the agency’s more than 2,000 employees work directly with people who have disabilities so they can find the best place to live and work and build strong community connections. Other employees work with children at Expressive Beginnings Child Care at its three locations in Greece, Webster and Henrietta or

with older adults who need companion care.Heritage Christian Services is recognized as one of New York’s top three service

providers for people with disabilities, has earned national accreditation and won a local award for business ethics.

For people with disabilities, Heritage Christian Services provides:day programs, which develop skills and help clients contribute to their com-

munities;care coordination, which helps families navigate Medicaid services;short-term respite, including two homes, an after-school program, two Satur-

day recreation programs and summer camps that give families the gift of time; andhealth services, which includes therapies in the following areas: speech, phys-

ical, occupational, art, music, dance and massage.In addition, Heritage Christian Services is known for innovative community

impact programs, including: A Second Thought Resale Shop: Collects and sells donations of clothing, fur-

niture and other household items. Proceeds benefit International Ministries.Center for Human Services Education: Provides education and professional

development opportunities to thousands of human services workers throughout New York.

Employment Alliance: Matches employers with workers who have disabilities.Heritage Christian Home Care: Offers support as a companion care provider.Heritage Christian Stables: Provides therapeutic horsemanship for children

and adults.International Ministries: Brings care and friendship to people in Guatemala.Pieters Family Life Center: Offers health and wellness services.Springdale Farm: Educates thousands of families each year about the impor-

tance of agriculture.Marisa Geitner is president of Heritage Christian Services, at 275 Kenneth Drive

in Henrietta. The agency employs 2,154—1,743 in the Rochester area and 411 in Buffalo. The organization’s website is heritagechristianservices.org.

Financial record Year ended Dec. 31, 2016Revenue %Government funding $67,744,239 9 0 Private pay 4,877,561 7 Contributions 203,303 less than 1 Other 2,320,794 3 Total revenue $75,145,897

Expenses %Payroll, benefits, payroll taxes $54,352,465 7 3 Management & general 6,125,495 8 Depreciation & amortization 2,947,100 4 Program supplies 2,627,062 4 Occupancy 2,224,585 3Repairs & maintenance 1,220,483 2Vehicles 865,995 1Interest 819,845 1Insurance 724,162 1Utilities 647,708 1IT 481,231 1Fundraising 343,410 1Office expenses 230,650 less than 1Other 1,215,979 2Total expenses $74,826,170 Excess (deficiency) of revenue over expenses $319,727 Board of directorsJulie Gerstenberger, chairwoman Barbara DeLong, vice chairwoman Paul DeSarra, vice chairman Peter Sear, treasurer Nicole Marro, secretary Jimena Cubillos Stephen Darrow David Donner Carol Forth (honorary)

Dan Matthaidess Gail Otto Robert Pieters Rebecca Priest Tiffany Pulcino Ryne Raffaelle Randi Rhinehart Bill Stanbro

—Researched by Bill Alden

JUNE 9, 2017


PORTFOLIOA weekly report compiled from the proxy statement and annual report of a publicly held company with local headquarters or a company with a major division in the area

NASDAQ—BBBYBed Bath & Beyond Inc. of Union, N.J., and its subsidiaries operate retail stores under

the names Bed Bath & Beyond and others, including Christmas Tree Shops, Harmon and Harmon Face Values, buybuy Baby and World Market. The company sells a wide assort-ment of merchandise, including domestic products and home furnishings as well as food, giftware, health and beauty care items and infant and toddler merchandise. The company also operates Linen Holdings, a provider of textile products, amenities and other goods to institutional customers in the hospitality, cruise line, health care and other industries. Online retailers acquired in the past two years include: Of a Kind, offering specially commissioned, limited edition items from emerging fashion and home designers; One Kings Lane, specializ-ing in home goods, designer and vintage items and PersonalizationMall.com, a retailer of personalized products. Domestics merchandise, which includes categories such as bed lin-ens and related items, bath items and kitchen textiles, accounted for 36.8 percent of the company’s fiscal 2016 sales. Home furnishings, which includes categories such as kitchen and tabletop items, basic housewares and general home furnishings, accounted for 63.2 percent of the company’s fiscal 2016 sales.

Bed Bath & Beyond operates 1,546 stores in 50 states, the District of Columbia, Puerto Rico and Canada, including 1,023 Bed Bath & Beyond stores, 80 Christmas Tree Shops stores, 54 Harmon and Harmon Face Values stores, 113 buybuy Baby stores and 276 Cost Plus World Market stores. The company also operates eight Bed Bath & Beyond stores in Mexico as a partner in a joint venture. In 2016, the company opened 29 new stores and closed 13.

Bed Bath & Beyond employs some 65,000 people nationally and operates seven stores in the Rochester area.

The company reported net sales of $12.2 billion for fiscal 2016, up 1 percent from $12.1 billion in 2015. Net income in 2015 was $685 million, or $4.58 per share, down 19 and 10 percent, respectively, from the previous year. Net cash provided by operating activities was $1 billion; net cash used in investing activities was $492 million; and net cash used in financ-ing activities was $581 million.

The company’s 2016 fiscal year ended Feb. 25, 2017.

Common shares outstanding on May 5 ............................................................ 144,118,966 Price per share of common stock on June 5 ............................................................. $34.84 Total market value on June 5 ........................................................................ $5,021,104,775 Controlled by all directors and officers as a group ............................................. 7,222,561

(5 percent)

Performance Record(Dollars in millions, except per-share data)

2016 2015 2014 2013 20122

Net sales $12,216 $12,104 $11,881 $11,504 $10,915 Net income 685 841 957 1,022 1,038 Net income per share 4.58 5.10 5.07 4.79 4.56 Total assets 6,846 6,490 6,750 6,356 6,280 Stockholders’ equity 2,719 2,560 2,743 3,941 4,080Operating cash flow (loss) 1,042 1,012 1,178 1,382 1,193 Investing cash flow (loss) (492) (276) 49 (363) (666)Financing cash flow (loss) (581) (1,089) (705) (1,210) (965)

Directors Number of common shares1

Steven Temares, 58, CEO ........................................................................................ 2,154,973 Warren Eisenberg, 86, co-founder and co-chairman ................................................ 2,075,699 Leonard Feinstein, 80, co-founder and co-chairman ................................................. 1,938,899

Dean Adler, 60, co-founder and CEO, Lubert-Adler Partners L.P. ................................. 33,423 Stanley Barshay, 77 ........................................................................................................ 25,984 Patrick Gaston, 59, CEO, Gaston Consulting ................................................................ 20,947

Jordan Heller, 56, CEO, Heller Wealth Advisors LLC .................................................... 18,441 Klaus Eppler, 86 ............................................................................................................. 16,529 Victoria Morrison, 64, executive vice president and general counsel,

Edison Properties LLC ............................................................................................ 16,224 Geraldine Elliott, 60 .......................................................................................................... 4,884 Virginia Ruesterholz, 56.................................................................................................... 4,000

Executive CompensationOfficer 2016 compensation3

Steven Temares, CEO .......................................................................................... $16,946,399 Eugene Castagna, chief operating officer ................................................................. 4,590,870 Arthur Stark, president and chief merchandising officer ............................................ 4,235,725 Matthew Fiorilli, senior vice president, stores ............................................................ 3,869,947 Susan Lattmann, chief financial officer and treasurer ............................................... 2,629,481

Above executive officers as a group ............................................................... $32,272,422

Footnotes1Includes shares that may be acquired by exercising stock options, shares held by family members

shares held in foundations or partnerships and shares of restricted stock.2The company’s 2012 fiscal year had 53 weeks.3Includes salaries, value of stock and option awards, change in pension value and non-qualified

deferred compensation earnings, and all other compensation.

Stock PerformanceCumulative Total Return for Bed Bath & Beyond Common Stock (versus

S&P 500, S&P Specialty Retail and S&P Retail Composite indexes)

$50

$75

$100

$125

$150

$175

$200

$225

$250

201720162015201420132012

Bed Bath & Beyond S&P 500 Index

S&P Specialty Retail Index S&P Retail Composite Index

Researched by Andrew Green © 2017 Rochester Business Journal

LOCAL STOCK PERFORMANCECLOSING

PRICE06-05-17

CLOSING PRICE

05-26-17

NET CHANGE IN

PERIOD

PERCENT CHANGE

IN PERIODP/E

RATIO

EARNINGS PER

SHARE1

ANNUAL DIVIDEND

RATE252 - WEEK

HIGH LOW

AT&T Inc. (NY-T) 38.81 38.12 0.69 1.81 18.98 2.05 1.94 43.89 36.10

Avangrid Inc. (NY-AGR) 45.74 45.28 0.46 1.02 21.61 2.12 1.73 46.74 35.42

Bank of America Corp. (NY-BAC) 22.41 23.24 -0.83 -3.57 13.58 1.63 0.28 25.80 12.05

Berry Global Group (NY-BERY) 58.10 58.60 -0.50 -0.85 25.11 2.31 NONE 58.95 34.98

Bon-Ton Stores Inc. (NAS-BONT) 0.50 0.60 -0.10 -16.67 LOSS -4.15 NONE 1.98 0.45

CVS Caremark Corp. (NY-CVS) 78.79 76.64 2.15 2.81 16.30 4.80 1.77 98.67 69.30

The Carlyle Group LP (NAS-CG) 17.55 17.75 -0.20 -1.13 80.23 0.22 1.55 18.80 14.35

Charter Communications Inc. (NAS-CHTR) 344.43 337.44 6.99 2.07 23.35 14.72 NONE 355.00 214.06

Ciber Inc. (NY-CBR) 0.31 0.31 0.00 0.00 LOSS -2.10 NONE 44.00 0.22

Citigroup Inc. (NY-C) 61.25 62.07 -0.82 -1.32 12.20 4.96 0.53 62.69 38.31

Citizens Financial Group Inc. (NY-CFG) 33.98 34.64 -0.66 -1.91 15.41 2.17 0.50 39.75 18.34

Conduent Inc. (NY-CNDT)3 16.60 16.19 0.41 2.53 LOSS -4.77 NONE 18.15 13.10

Constellation Brands Inc. Class A (NY-STZ) 184.51 180.93 3.58 1.98 24.62 7.52 1.60 186.46 144.00

Constellation Brands Inc. Class B (NY-STZB) 185.49 178.42 7.07 3.96 24.62 7.52 1.60 185.49 148.45

The Cooper Cos. Inc. (NY-COO) 240.89 217.46 23.43 10.77 39.58 6.07 0.06 243.37 158.73

Corning Inc. (NY-GLW) 29.54 29.30 0.24 0.82 7.83 3.77 0.56 29.90 18.88

CurAegis Technologies Inc. (OTC-CRGS) 1.12 0.75 0.37 49.73 LOSS -0.11 NONE 1.91 0.32

Delphi Automotive PLC (NY-DLPH) 88.13 87.50 0.63 0.72 20.47 4.29 1.16 89.93 58.04

Document Security Systems Inc. (AMEX-DSS) 0.94 1.03 -0.09 -8.74 LOSS -0.04 NONE 1.64 0.42

Dr Pepper Snapple Group Inc. (NY-DPS) 92.88 93.45 -0.57 -0.61 20.38 4.54 2.17 99.47 81.05

Eastman Kodak Co. (NYS-KODK) 9.95 9.70 0.25 2.58 13.01 0.76 NONE 17.30 9.03

EnPro Industries Inc. (NY-NPO) 67.56 65.67 1.89 2.88 110.17 0.61 0.85 74.89 52.00

Exelon Corp. (NY-EXC) 36.63 35.82 0.81 2.26 17.49 2.10 1.28 37.70 29.82

Exxon Mobil Corp. (NY-XOM) 80.12 81.55 -1.43 -1.75 33.57 2.40 3.00 95.55 79.26

FSB Bancorp Inc. (NAS-FSBC) 14.98 15.00 -0.02 -0.13 32.42 0.46 NONE 15.10 11.90

Financial Institutions Inc. (NAS-FISI) 30.40 31.10 -0.70 -2.25 14.20 2.12 0.82 35.40 24.56

Fortive Corporation (NY-FTV) 63.32 63.51 -0.19 -0.30 24.79 2.55 0.21 64.27 46.29

Frontier Communication Corp. (NAS-FTR) 1.28 1.33 -0.05 -3.76 LOSS -0.41 0.42 5.27 1.19

Gannett Co. Inc. (NY-GCI) 7.83 7.82 0.01 0.13 84.51 0.09 0.64 15.58 7.30

Genesee & Wyoming Inc. (NY-GWR) 66.16 66.47 -0.31 -0.47 27.76 2.36 NONE 80.73 52.21

Graham Corp. (NY-GHM) 19.71 21.63 -1.92 -8.88 52.28 0.38 0.36 25.00 17.19

HSBC Holdings PLC (NY-HSBC) 43.91 43.15 0.76 1.76 327.26 0.14 2.55 44.44 28.62

Harris Corp. (NY-HRS) 112.74 110.56 2.18 1.97 24.07 4.65 2.09 114.32 78.42

IEC Electronics Corp. (AMEX-IEC) 3.62 3.59 0.03 0.84 116.77 0.03 NONE 5.64 3.21

ITT Corp. (NY-ITT) 39.84 38.33 1.51 3.94 17.62 2.17 0.50 44.00 30.06

International Business Machines Corp. (NY-IBM) 152.41 152.49 -0.08 -0.05 12.53 12.16 5.60 182.79 142.50

J.C. Penney Co. Inc. (NY-JCP) 4.92 4.71 0.21 4.46 LOSS -0.36 NONE 11.30 4.17

JPMorgan Chase & Co. (NY-JPM) 82.79 85.36 -2.57 -3.01 12.65 6.50 1.94 93.98 57.05

KeyCorp. (NY-KEY) 17.49 17.99 -0.50 -2.78 20.03 0.86 0.34 19.53 10.21

Kohl's Corp. (NY-KSS) 37.92 38.73 -0.81 -2.09 10.73 3.45 2.00 59.67 34.10

Kraft Heinz Co. (NAS-KHC) 93.44 92.99 0.45 0.48 33.35 2.81 2.38 97.77 79.69

Level 3 Communications Inc. (NAS-LVLT) 61.91 59.47 2.44 4.10 34.93 1.77 NONE 62.13 44.01

M&T Bank Corp. (NY-MTB) 157.18 159.45 -2.27 -1.42 19.04 8.17 2.85 173.72 108.04

Macy's Inc. (NY-M) 23.86 23.44 0.42 1.79 12.69 1.85 1.49 45.41 22.43

Manning & Napier (NY-MN) 4.55 4.75 -0.20 -4.21 7.74 0.59 0.64 10.34 4.55

Metlife Inc. (NY-MET) 51.13 51.05 0.08 0.16 LOSS -0.62 1.60 58.09 36.17

Monro Muffler Brake Inc. (NAS-MNRO) 49.10 50.50 -1.40 -2.77 26.38 1.85 0.68 70.78 48.10

New Media Investment Group Inc. (NY-NEWM) 12.62 12.83 -0.21 -1.64 25.92 0.49 1.36 19.89 11.87

Parker Hannifin Corp. (NY-PH) 157.08 159.26 -2.18 -1.37 22.64 6.86 2.55 166.60 99.10

Paychex Inc. (NAS-PAYX) 59.60 59.28 0.32 0.54 27.02 2.20 1.80 63.03 52.78

SPX Flow Inc. (NY-FLOW) 38.19 37.80 0.39 1.03 LOSS -9.23 NONE 39.28 22.34

Sears Holding Corp. (NAS-SHLD) 6.78 7.78 -1.00 -12.85 LOSS -14.08 NONE 18.18 5.50

Seneca Foods Corp. Class A (NAS-SENEA) 30.80 33.30 -2.50 -7.51 24.13 1.27 NONE 42.65 27.03

Seneca Foods Corp. Class B (NAS-SENEB) 36.25 39.00 -2.75 -7.05 28.47 1.27 NONE 46.00 33.00

Shiseido Co. Ltd. (OTC-SSDOY) 34.75 32.59 2.16 6.62 84.63 0.42 9.87 35.82 24.23

Stantec Inc. (NY-STN) 23.05 23.15 -0.10 -0.43 83.82 0.28 NONE 28.05 21.50

Staples Inc. (NAS-SPLS) 9.10 8.98 0.12 1.34 LOSS -3.62 0.48 10.25 7.24

Stewart Information Services Corp. (NY-STC) 44.97 44.85 0.12 0.27 17.94 2.49 1.20 48.60 37.65

Synnex Corp. (NY-SNX) 111.02 110.89 0.13 0.12 17.72 6.26 0.90 129.24 89.09

Target Corp. (NY-TGT) 55.63 54.40 1.23 2.26 11.28 4.88 2.36 79.33 52.72

Thermo Fisher Scientific Inc. (NY-TMO) 176.44 173.42 3.02 1.74 32.13 5.48 0.60 176.85 139.07

Thomson Reuters Corp. (NY-TRI) 43.78 43.79 -0.01 -0.02 10.34 4.23 NONE 46.00 38.23

Tompkins Financial Corp. (AMEX-TMP) 77.34 77.06 0.28 0.36 19.34 4.00 1.78 96.70 63.00

Transcat Inc. (NAS-TRNS) 12.05 12.08 -0.03 -0.25 18.75 0.64 NONE 14.05 8.26

Ultralife Corp. (NAS-ULBI) 6.95 6.15 0.80 13.01 20.75 0.32 NONE 6.97 3.76

United Technologies Corp. (NY-UTX) 120.98 121.85 -0.87 -0.71 18.74 6.42 2.64 122.85 96.89

Valeant Pharmaceuticals International Inc. (NY-VRX)

12.34 12.83 -0.49 -3.82 LOSS -4.05 NONE 32.74 8.31

Verizon Communications Inc. (NY-VZ) 46.37 45.32 1.05 2.32 15.52 2.99 2.30 56.95 44.46

Vuzix (NAS-VUZI) 5.65 5.80 -0.15 -2.59 LOSS -1.20 NONE 9.80 5.00

Wal-Mart Stores Inc. (NY-WMT) 80.26 78.13 2.13 2.73 17.99 4.40 2.00 80.47 65.28

Windstream Holdings Inc. (NAS:WIN) 4.52 4.42 0.10 2.26 LOSS -2.59 0.60 10.46 4.20

Xerox Corp. (NY-XRX) 6.98 7.00 -0.02 -0.29 LOSS -0.51 0.29 7.69 5.721Earnings per share are for the company’s most recent four quarters2Annual dividend rates are annual disbursements based on the last monthly, quarterly, semiannual or annual declaration. 3Shares of Conduent began trading on Jan. 3, 2017, following its spinoff from Xerox Corp.

JUNE 9, 2017


By CHRISTOPHER S. RUGABER

U .S. employers in April advertised the most open jobs in 16 years, yet hiring fell and fewer people

quit work. The figures suggest busi-nesses are struggling to find qualified employees as the unemployment rate declines.

Job openings rose 4.5 percent in April to more than 6 million, the La-bor Department said Tuesday, the most since December 2000, when the gov-ernment first began tracking the data. Meanwhile, hiring fell 4.8 percent to just over 5 million.

The report is a sign the economy is nearing or already at “full employ-ment,” when most of those who want a job have one and the unemployment rate mostly reflects the churn of peo-ple who are temporarily out of work. Typically, when unemployment falls that low, companies are forced to of-fer more pay, but that has not yet hap-pened. On Friday, the government re-ported average hourly pay rose just 2.5 percent in May from a year ear-lier. That is improved a bit from sev-eral years ago, but still below the pre-recession pace of roughly 4 percent.

The government also said Friday employers added just 138,000 jobs last month, one-third below last year’s av-erage monthly gain. Friday’s figures represent a net total of jobs added mi-nus jobs lost, while Tuesday’s report includes overall hiring data.

Most economists interpreted last month’s decline in net job gains as a sign of full employment, which is most-ly a good thing, as opposed to evidence of a slowing economy.

Yet that still leaves one question un-answered: Why aren’t companies pay-ing more if they are so intent on hiring?

Some economists argue slower pay raises suggest companies may not be so desperate after all. It is easy to post jobs on a website, but employers may not follow through by recruiting more and offering higher pay.

One trend supporting that view is a decline in the number of people quit-ting, which slipped 3.5 percent to 3.1

million in April. People typically quit when they either find a new job, usu-ally at higher pay, or are confident they can soon find one.

For that number to fall at the same time employers are posting a record number of job openings suggests not many people are being lured away from their current jobs by other companies dangling attractive pay.

In other cases, companies in specif-ic industries may be offering bigger paychecks, but those raises are being offset by other trends. With the work-force aging, higher-paid employees are retiring and being replaced by younger, lower-paid workers, which could de-press overall wage growth.

Job openings posted by hotels and restaurants surged 18 percent in April from the previous month, even as hir-ing in that sector fell. Many restaurant chains have offered more pay in recent years, and workers have also benefited from higher minimum wages.

But companies in those industries also face stiffer competition for work-ers when the unemployment rate falls, because people are more likely to gravi-tate toward higher-paying work when the economy improves.

Construction job openings jumped by about 25 percent, the latest evidence that firms in that sector are desperate for labor. The number of homes for sale has fallen sharply in the past two years, but many homebuilders say they can-not find enough workers to accelerate building.

U.S. services companies expanded at a slightly slower pace in May compared with the previous month, a sign modest economic growth is likely to continue.

The Institute for Supply Manage-ment, a trade group of purchasing man-agers, said Monday its services index slipped last month to 56.9 from 57.5 in April. Any reading above 50 indicates expansion. Sales and new orders grew more slowly, while a measure of em-ployment showed companies stepped up hiring.

Christopher S. Rugaber is an Associ-ated Press economics writer.

Single family home prices, April 2016 – April 2017 (percentage increase)

0

2

4

6

8

Source: CoreLogic

N.Y. Mass. Pa. N.J. Vt. Conn.

Single family home prices in New York increased by an average of 7.2 percent between April 2016 and April 2017. The increase was the sixth-largest among U.S. states, and larger than the average 6.9 percent increase nationwide, according to the latest Home Price Insights report from CoreLogic. The largest price increase was 12 percent reported for Washington, while a drop of 3.9 percent in the price of Wyoming’s single family homes was one of only three declines nationwide, according to the report. CoreLogic forecasts a smaller increase of 5.1 percent for home prices nationwide from April 2017 to April 2018.

SPOTLIGHTHome prices jump 7.2 percent in New York

U.S. job openings reach a 16-year high as hiring falls and fewer people quit

PRIME RATE

NATIONAL INTEREST RATE INDEXFEDERAL FUNDS RATE

3-MONTH TREASURY BILLS 1-YEAR TREASURY BILLS

25+-YEAR TREASURY BOND10-YEAR TREASURY NOTES

(percentage)

3.25

3.75

4.25

0.250

0.625

1.000

0.0

0.5

1.0

0.50

0.85

1.20

1.500

1.775

2.050

2.325

2.600

0.4

0.6

0.8

1.0

M J J A S O N D J F M A M M J J A S O N D J F M A M






BRITISH POUND

FOREIGN EXCHANGECANADIAN DOLLAR

EURO INDIAN RUPEE

MEXICAN PESOJAPANESE YEN

(per $1 U.S.)

0.6

0.7

0.8

1.2

1.3

1.4

0.86

0.91

0.96

64.0

66.5

69.0

100

106

112

118

16

18

20

22

YEAR-TO-DATE Chapter 7 Chapter 13

0

100

200

300

400

500

600

YTD MAY 31, 2016 YTD MAY 31, 2017

0

25

50

75

100

125

BANKRUPTCIES

M J J A S O N D J F M A M

(no. of filings, Rochester Division) Chapter 7 Chapter 13

1600

1800

2000

2200

2400

2600

HOTEL OCCUPANCY TAXES COLLECTED

16 Q1 ‘16 Q2 ‘16 Q3 ‘16 Q4 ‘17 Q1

(Rochester metro area, in thousands of dollars)

0

3375

6750

10125

13500

CONVENTION ATTENDANCE

M J J A S O N D J F M A M


Please email Bill Alden at [email protected] or call (585) 653-4016 for guidelines on submitting event photos and details.

Interested in submitting photos featuring people at your nonprofit events?

MCC Foundation

Mary Cariola Children’s Center

Top left: Denise and Dan Burns

Top right: Mark Siwiec and Duffy Palmer

Right: Kenneth and Pamela Hines and Augustin and Linda Melendez

Photos by immaginé Photography

April 29: The MCC Foundation held its 19th Annual Gold Star Gala presented at The Country Club of Rochester. Three hundred guests raised more than $260,000 for the foundation’s support of students.

May 3: Mary Cariola Children’s Center broke ground for its residence for individuals with developmental disabilities and complex medical needs.

Top: From left, Renee Zemans, Robert Vigdor and Anna-Lynn Brink

Left: Dina and Kevin Flanagan

JUNE 9, 2017


The Rochester Business Journal ac-cepts high-resolution color, digital photos with press releases three to four weeks before publication date. Send digital submissions to [email protected].

The Bonadio Group announces that Allison Hall, Katie Fandrich, Tim Rainey, and Michael Traughber have been promoted to senior accountant.

Harter Secrest & Emery LLP announces tha t Scot t S impson has joined the firm as counsel in the firm’s health care pract ice group. Simpson was pre-viously with Roch-ester Regional Health as assistant gen-eral counsel.

Enterprise Holdings Inc. announc-es that Lauren Jeckovich has been promoted to sales manager and Norm Pimm has been promoted to group truck rental manager.

Rochester Regional Health Foun-

dations announces Carol Anne De-Moulin has been named execu -tive director of the N e w a r k - Wa y n e Community Hos-pital Foundation and Clifton Springs Hospital & Clinic Foundation.

Power Management Co. has named Scott Youngman as the director of en-ergy operations and Joe Condidorio as a business development manager.

The Arc of Mon-roe County has ap-pointed Karen Oli-veri as chief human resources officer. Oliveri previous-ly worked as the manager of human resources staffing at Iberdrola USA.

C o m m u n i t y Bank N.A. an-nounces that Da-v i d Ty l e r h a s been promoted to branch manager of the Newark Plaza branch. Tyler has been a member of the banking indus-try for over 36 years.

Underberg & Kessler LLP an-nounces that Josh-ua Beisker has joined the firm as a senior counsel. Beisker will focus on estate planning, estate administra-tion and business and tax law.

Dixon Schwabl announces Scott Ensign as v ice president of digital media, Britton Lui as vice president of people and develop-ment, and Alexan-dra Hristodoulou as account coordi-nator.

Gilda’s Club R o c h e s t e r h a s h i r e d M e l i n d a Merante as chief executive officer. Merante previous-ly worked as the director of market-ing/development at Rochester Hearing and Speech Center.

St. Ann’s Com-munity has hired Michael Larche as chief technology officer. Larche was previously chief in-formation officer at Loretto Health Sys-tems in Syracuse.

Pella Windows and Doors an-nounces that James Moscato has been hired as trade and commercial sales representative for Western New York.

The Tennis Club of Rochester has named Craig Bobo the new director of tennis. Bobo has been a tennis instruc-tor around the country for over 25 years.

IP.com has hired the following indi-

viduals: James Chow as a senior soft-ware engineer; Melissa Naumann as a payroll and benefits administrator; Jim Rudman as a business development sales representative; Laurie Stewart as a cli-ent engagement manager; and Gillian Tierney as a sales account executive.

Insero & Co. CPAs, LLP an-nounces that Shan-non Sickles has joined the firm as a senior accoun-tant consultant in the Outsource Ac-counting Services Group.

Finger Lakes Health announc-es that Dale Frei-er Jr. M.D. has j o ined Geneva General Hospi-tal and Soldiers & Sailors Memo-rial Hospital as an emergency medi-cine physician.

Bond, Schoe-n e c k & K i n g PLLC announces that Cathy Kaman Ryan has joined the firm as a mem-ber of the property practice.

Bergmann As-sociates has hired Mike Terrano as project engineer for the New York Buildings depart-ment.

Connover Pack-aging Inc . has hired Kyle Menard as the sales manag-er/new business de-velopment.

Hall

Youngman

Jeckovich

Rainey

Fandrich

LuiEnsign

Condidorio

Pimm

Traughber

Hristodoulou

Oliveri

Simpson

DeMoulin

Merante

Sickles

Terrano

Menard

Larche

Dale Freier Jr.

Moscato

Ryan

Beisker

Tyler

The Rochester Business Journal welcomes press releases. Notices of business calendar events should be submitted three weeks be-fore the event to ensure timely publication. Send digital submissions to [email protected].

FRIDAY, JUNE 9The Referral Team Chapter of Business

Network In te r na t iona l Meet ing—Free—7:15 a.m.—Hicks & McCarthy, 23 S. Main St., Pittsford—Also offered June 16—Call Terry Kelley at 760-8870 for additional information.

New York State Bar Association Con-tinuing Legal Education Webcast—“Toxic Tort Litigation”—$135 for members, $235 for non-members—9 a.m. – 1 p.m.—Visit www.nysba.org/cle for additional information.

MONDAY, JUNE 12RochesterWorks Job Networking Meet-

ing—Free—9 – 11 a.m. and 1 – 3 p.m.—255 N. Goodman St.—Also offered June 14 and June 19—Call 258-3500 for additional in-

formation.

Finger Lakes Works-Ontario Career Club—Free—9 – 11 a.m.—3010 County Complex Drive, Canandaigua—Also offered June 19—Call Cathy Levickas at 396-4020 for additional information.

The August Group General Session—Free—9:30 – 11 a.m.—Empire State College, 680 Westfall Road—Visitors are welcome—Also offered June 15 and June 18—Call Trac-ey Aiello at 259-0610 for additional informa-tion.

Professionally Speaking Toastmasters Meeting—Free—5:45 p.m.—St. Ann’s Com-munity, 1500 Portland Ave.—Also offered July 10—Call 204-7763 for additional infor-mation.

Advanced Toastmasters Club of Roch-ester—Free—6:30 – 9 p.m.—Legacy, 40 Willow Ponds Way, Penfield—Visitors are welcome—Also offered July 10—Call Mar-lene Markham at 899-4481 for additional

information.

The August Group Orientation Session—Free—9 – 9:30 a.m.—Empire State College, 680 Westfall Road—Also offered June 16 and July 10—Call Tracey Aiello at 259-0610 for additional information.

New York State Bar Association Con-tinuing Legal Education Webcast—“LLCs & Corporations: Tax & Legal Planning”—$135 for members, $235 for non-members—9 a.m. – 12:40 p.m.—Visit www.nysba.org/cle for additional information.

TUESDAY, JUNE 13Mid Day Masters Chapter of Business

Network In te r na t iona l Meet ing—Free—11:30 a.m. – 1 p.m.—Radisson Hotel Rochester Airport, 175 Jefferson Road, Henrietta—Also offered June 20—Call Mi-chelle Martorell at 319-2839 for additional information.

Networking Referral Group of Roches-

ter Meeting—Free—7:15 – 8:30 a.m.—255 Woodcliff Drive, Perinton—Also offered June 20—Call 248-6718 for additional information.

Early Edition Business Professionals Networking Group Meeting—Free—7:30 a.m.—3300 Monroe Ave., Atrium—Also of-fered June 20—Call 943-1146 for additional information.

Success Unlimited Chapter of Business Network International Meeting—Free—Noon – 1:30 p.m.—The Back Nine Grill, 3500 East Ave., Pittsford—Also offered June 20—Call Natasha Polito at 329-5566 for addi-tional information.

New York State Bar Association Con-tinuing Legal Education Webcast—“EASL Spring Symposium 2017”—$135 for mem-bers, $235 for non-members—9 a.m. – 4 p.m.—Visit www.nysba.org/cle for additional information.

U.S. Small Business Administration We-binar—“Joint Venture Agreements”—Free—

JUNE 9, 2017


Noon – 1 p.m.—Call (716) 551-3240 for ad-ditional information.

WEDNESDAY, JUNE 14Canaltown Connections Networking Re-

ferral Group Meeting—Free—7:30 – 8:30 a.m.—Browncroft Family Restaurant, 2501 Browncroft Blvd., #5—Also offered June 21—Call Erin Garrett at 663-2265 for additional information.

August Group Meeting—Free—9:30 – 11 a.m.—RochesterWorks, 255 N. Goodman St.—Also offered July 12—Call 258-3500 for additional information.

Irondequoit Chamber of Commerce An-nual Community Picnic and Network-ing—$30—5:30 – 8 p.m.—Camp Eastman, 1301 Lake Shore Blvd., Kusak Lodge—Call 234-1884 for additional information.

Reconnect Rochester and Rochester People’s Climate Coalition Event—“Rochester Street Films: The Road to Sustain-ability”—Free—6:30 p.m.—The Little Theatre, 240 East Ave.—Visit ReconnectRochester.org/StreetFilms for additional information.

THURSDAY, JUNE 15Notable Networkers Chapter of Busi-

ness Network International Meeting—Free—7 – 8:30 a.m.—Knights of Columbus, 70 Barrett Drive, Webster—Visitors are wel-come—Also offered June 22—Call Jeff Ma-roney at 626-8016 for additional information.

Greece A Team Chapter of Business Network International Meeting—Free—7 – 8:30 a.m.—The Village at Unity, 1477 Long Pond Road, Greece—Visitors are welcome—Also offered June 22—Call Brian Rotoli at 225-0203 for additional information.

Business Builders Chapter of Business

Network International Meeting—Free—7 – 8:30 a.m.—Bayfront Restaurant, 1075 Em-pire Blvd., Penfield—Visitors are welcome—Also offered June 22—Call David Cook at 872-2050 for additional information.

Rochester Business Connections Lead Group Meeting—Free—8:30 a.m.—Panora-ma Restaurant, 730 Elmgrove Road—Visitors are welcome—Also offered June 22—Call Bill Sweetland at 349-0336 for additional infor-mation.

Canaltown Connections Networking Group Meeting—Free—7 – 8:30 a.m.—Slay-ton Place Restaurant, 26 Slayton Ave., Spen-cerport—Visitors are welcome—Also offered June 22—Call 880-8156 for additional infor-mation.

Canalside Trailblazers Networking Group—Free—7 – 8:30 a.m.—Midvale Coun-try Club, 2387 Baird Road, Penfield—Also offered June 22—Call John French at 746-7810 for additional information.

East Rochester All Stars Networking Re-ferral Group Meeting—Free—8:30 – 9:30 a.m.—Lemoncello Italian Restaurant and Bar, 137 W. Commercial St., East Rochester—Also offered June 22—Call Jenalee Herb at 704-7839 for additional information.

Toastmasters in General Meeting—Free—5:30 – 7:30 p.m.—Rochester General Hospital, 1425 Portland Ave., Weiner Confer-ence Room—Also offered July 6—Call Greg Taylor at 785-8600 for additional information.

August Group General Session—Free—7 – 9 p.m.—St. Cecilia’s, 2732 Culver Road, Room 105—Call Cliff Milligan at 654-6694 for additional information.

Allied Universal, Kodak, and Eastman Business Park Emergency Preparedness Seminar—Free—8 a.m. – Noon—Kodak Cen-ter, 200 W. Ridge Road—Visit pages.aus.com/062017-Emergency-Preparedness-Seminar-Registration to register.

FRIDAY, JUNE 16New York State Bar Association Con-

tinuing Legal Education Webcast—“Qualified Retirement Plans”—$175 for mem-bers, $275 for non-members—9 a.m. – 4 p.m.—Visit www.nysba.org/cle for addition-al information.

Sojourner House at PathStone Gala for Strength—$135—6 p.m.—Casa Larga Vine-yards, 2287 Turk Hill Road, Fairport—Call Sean Hawkins at 436-7100, ext. 102, for ad-ditional information.

Council of Agency Executives 2017 An-nual Meeting & Awards Breakfast—$40 for members, $50 for non-members—8 a.m. – 9:45 a.m.—Irondequoit Country Club, 4045 East Ave.—Call Melinda at 301-8383 for ad-ditional information.

MONDAY, JUNE 19New York State Bar Association Con-

tinuing Legal Education Webcast—“Ethics 2017: Legal Ethics in the Real World”—$135 for members, $235 for non-members—9 a.m. – 12:15 p.m.—Visit www.nysba.org/cle for additional information.

TUESDAY, JUNE 20Speechcrafters Toastmasters Club

Meeting—Free—6 p.m.—Cerame’s Italian Villa, 3450 Winton Place, Visitors are wel-come—Also offered July 4—Call Kevin Yost at 334-7179 for additional information.

WEDNESDAY, JUNE 21Postprandial Toastmaster Meeting—

Free—6:30 – 9:30 p.m.—Lilian’s Restaurant & Party House, 2200 Penfield Road, Pen-field—Also offered July 5—Call Erin McCor-mick at 354-2488 for additional information.

Canandaigua Community Toastmasters Club Meeting—Free—4:15 – 5:15 p.m.—Canandaigua VA Medical Center, 400 Fort Hill Ave., Canandaigua—Also offered July 5—Call Brenda Pulver at 393-7216 for ad-ditional information.

TNT Toastmasters International Meet-ing—Free—6:30 – 8:45 p.m.—Legacy at Wil-low Pond, 40 Willow Pond Way, Penfield—Visitors are welcome—Also offered July 5—Call 346-0227 for additional information.

THURSDAY, JUNE 22Frederick Douglass Toastmasters Club

Meeting—Free—7 p.m.—Baden Street Ad-ministration Building, 152 Baden St.—Visitors are welcome—Also offered July 13—Call 325-4910, ext. 127, for additional informa-tion.

Lilac City Toastmasters Meeting—Free—7 – 9 p.m.—Immanuel Lutheran Church, 131 W. Main St., Webster—Visitors are welcome—Also offered July 13—Call Cynthia Ely at 244-2228 for additional infor-mation.

Dale Carnegie Energizer Workshop—“Communicate with Different Personality Styles”—Free—8:30 a.m. – 10 a.m.—Dale Carnegie Rochester, 1200A Scottsville Road, Suite 397—Visit rochester.dalecarnegie.com/events/communicate-with-different-person-ality-styles/ to register.

APPLICATIONS FOR AUTHORITYGENESEE COUNTYInternational Proinsurance Services Inc. Processing address: c/o Corp. Service Com-pany Filer: Rick English

MONROE COUNTYEscape at Network Inc. Processing address: 631 Beverly Drive, Web-ster, N.Y. 14580Filer: Sheila Christman

HR Services Inc. Processing address: c/o C T Corp. System, 111 Eighth Ave., New York, N.Y. 10011 Filer: Juli Rousse

Inner Circle Hotels LLCProcessing address: 1275 W. Granada Blvd., Ste. 3B, Ormond Beach, Fla. 32174Filer: Joseph Gillespie

Mario Testino Plus US LLCProcessing address: 441 Brickell Ave., Miami, Fla. 33131Filer: George Pearlman

WB Manufacturing LLCProcessing address: 507 E. Great St., Thorp, Wis. 54711Filer: Ron Dervetski

AWARDS AND ACHIEVEMENTSGreater Rochester Chamber of Com-

merce Inc.’s Greater Rochester Quality Council announces the following award re-cipients: Excellus BlueCross BlueShield, Gold Award, Team Excellence; Hillside Fam-ily of Agencies, Silver Award, Team Excel-lence; Paychex Electronic Network Servic-es Division, Silver Award, Team Excellence; Paychex Unified Communications, Bronze Award, Team Excellence; URMC Adult Med-icine Inpatient Unit 6-1200, Bronze Award, Team Excellence; The Acute Psychiatric Ser-vice Team at Rochester General Hospital, Pathfinder Award, Team Excellence; UR Med-icine Home Care, Platinum Award, Opera-tions Excellence; Calero Software LLC, Gold Award, Operations Excellence; Xerox LSS

Steering Committee, Gold Award, Operations Excellence; Kodak EPS Equipment Manu-facturing, Silver Award, Operations Excel-lence; Kodak EPS Materials Manufacturing, Silver Award, Operations Excellence; Camp Stella Maris, Silver Award, Operations Excel-lence; Holy Sepulchre Cemetery, Pathfinder Award, Operations Excellence; URMC Health-care System Delivery Redesign, Pathfinder Award, Customer Excellence.

Council of Agency Executives has an-nounced that James Norman was awarded Member of the Year and Howard Berman was awarded Community Leader.

State Sen. Rich Funke has selected Betty Perkins-Car-penter to be inducted into the New York State Senate Veterans Hall of Fame repre-senting the 55th Sen-ate District.

Excel lus B lue-Cross BlueShield has announced the ap-pointment of Louis Papa M.D. to the board of directors.

MS Equipment announces that Clark Ma-

terial Handling Co. has honored Mike Scamacca with the Dealer of Distinction Award and Kevin Schicker with the Service Manager of the Year Award.

Cook Communications LLC announces that Chris Chimenti was appointed vice president of the American Physical Ther-apy Association’s Home Health Section and Judy Daniel was appointed education chairwoman of the APTA’s Home Health Sec-tion.

BUSINESS NOTESTracey Road Equipment announces the opening of a sixth location in Batavia at 7919 Oak Orchard Road.

Eastview Mall announces that Oakley will be opening a store in the Sears wing.

Burlington Coat Factory announces a new store to be opening in Baytowne Plaza at 1900 Empire Blvd.

DEEDSThis information is obtained from the Mon-roe County Clerk’s Office.

Transport Drive Properties LLCAmount: $574,000Seller: Sergey Rozum Company LLCLocation: 15 Transport Drive, Henrietta, N.Y. 14623Date filed: May 1

Phildom LLCAmount: $290,000Seller: Troys Big Tow LLCLocation: 1421 Scottsville Road, Chili, N.Y. 14624

Date filed: May 12525 W. Henrietta Road LLCAmount: $381,963Seller: Frank Brandani and Pia BrandaniLocation: 2595 West Henrietta Road, Brigh-ton, N.Y. 14623Date filed: May 3

Morgan Charlotte Street LLCAmount: $1,900,000Seller: IH Holding CompanyLocation: 163-176 Charlotte St., Rochester, N.Y. 14607Date filed: May 3

JR&R II LLCAmount: $2,200,000Seller: Sweden Plaza Associates LLCLocation: 4828 Lake Road, Sweden, N.Y. 14220Date filed: May 4

West Ridge K Center LLCAmount: $1,125,000Seller: Wegmans Food Markets Inc.Location: 3049 W. Ridge Road, Greece, N.Y. 14626Date filed: May 5

Nairy Enterprises LLCAmount: $385,000Seller: James Guck Sr. and Louis FicoLocation: 105 Commercial St., Webster, N.Y. 14580 and 15 Martin St., Webster, N.Y. 14580Date filed: May 5

DISSOLUTIONSGENESEE COUNTYGrow-In-Kids LLCFiler: Keith Seland

MONROE COUNTY41 Clinton LLCFiler: Brian Briggs

Arena Global Holdings LLCFiler: Harris Beach PLLC

Blu Dot Tech LLCFiler: Ambar Shrivastava

Broad Creative Arts Therapy PLLCFiler: Breanne Broad

Perkins-Carpenter

DanielChimenti

Papa

BermanNorman

JUNE 9, 2017


Clearsite Development LLCFiler: William Burton

Euler Road Properties LLCFiler: Ferne Richardson

Fire Horse LLCFiler: Jon Morisey

JCS New England LLCFiler: John Summers

JCS New York LLCFiler: John Summers

McArdle Burkhardt LLCFiler: Cheyenne Moseley

Zam Equipment LLCFiler: Colin Bruckel

WAYNE COUNTYM.C. Hopkins & Sons Inc. Filer: Lacy Katzen LLP

FEDERAL TAX LIENSThis information is obtained from the Mon-roe County Clerk’s Office. Federal tax liens are filed by the U.S. Treasury Department.

Rochester Linoleum & Carpet Center Inc.Amount: $67,200.25Date filed: May 4

Pelbro Inc.Amount: $57,631.05Date filed: May 4

Dignified Compassionate Care Inc.Amount: $33,652.80Date filed: May 4

HELPINGInvisible Fence of Upstate NY has do-

nated pet oxygen masks to the Darien, War-saw, Castile Fire Departments.

The Ralph C. Wilson Jr. Foundation has donated $5 million to the Rochester Area Community Foundation to develop a per-manent fund to provide annual support to youth sports opportunities.

The Andrew Langston Center for Edu-cational Excellence has received $5,040 through the volunteer test drives at the Roch-ester City School District Drive 4 UR School event.

CDS Housing has been awarded $19.5 million in state funding to build a senior liv-ing community in Webster.

Pathworks received a grant for $587,500 and NeighborWorks Rochester received a grant for $376,000 from the U.S. Department of Housing and Urban Development.

Price Rite of Driving Park Avenue was recognized as a top Price Rite donor after donating over 26,500 pounds of food to Foodlink in 2016.

Sponsored by Rochester Regional Health, Constellation Brands, Partners and Napier, Clark Patterson Lee, M&T Bank, Key Bank, Postler and Jaeckle, and 13 ABC WHAM-TV, the 2017 Rochester Heart Ball raised more than $403,000 for the American Heart Association.

Charles Settlement House and Rochester’s Cornerstone Group announces that New York State Home & Community Renewal has awarded Stadium Estates – Phase II Housing Trust Funds an allocation of federal low-income housing tax credits. Forty-six af-fordable housing units will be developed near Rochester’s JOSANA neighborhood.

Drive 4 UR School raised $4,600 for the Webster Thomas and Webster Schroeder High School senior classes of 2017.

U.S. Rep. Louise Slaughter, D-Fairport, announces that the U.S. Department of Ed-ucation has awarded a total of over $1 million to Rochester Institute of Technology, Uni-versity of Rochester, Monroe Community College and SUNY College at Brockport.

U.S. Rep. Louise Slaughter, D-Fairport,

announces that the U.S. Department of Hu-man Health and Services’ Small Business technology Transfer has awarded local com-pany Science Take-out $524,833.

MORTGAGESThis information is obtained from the Mon-roe County Clerk’s Office.

Transport Drive Properties LLCAmount: $424,000Mortgagee: M&T BankLocation: 15 Transport Drive, Henrietta, N.Y. 14623Date filed: May 1

Willowpond Apartments LLCAmount: $5,203,148.49Mortgagee: Keybank National AssociationLocation: 8 Oakbriar Court, Penfield, N.Y. 14526Date filed: May 1

Edmonds3 LLCAmount: $260,000Mortgagee: ESL Federal Credit UnionLocation: 225-229 River St., Rochester, N.Y. 14612Date filed: May 2

Gleason Estates Associates LPAmount: $381,962.73Mortgagee: Frank Brandani and Pia Bran-daniLocation: 2595 West Henrietta Road, Brigh-ton, N.Y. 14623Date filed: May 3

2717 Monroe Avenue LLCAmount: $2,709,084Mortgagee: ESL Federal Credit UnionLocation: 2717 Monroe Ave., Brighton, N.Y. 14618Date filed: May 3

245 Commerce LLCAmount: $400,000Mortgagee: Savannah Bank NALocation: 650-666 Pullman Ave., Rochester, N.Y. 14615Date filed: May 4

MOBC LLCAmount: $1,300,000Mortgagee: EWE LLCLocation: 104 locationsDate filed: May 4

JR&R II LLCAmount: $1,650,000Mortgagee: Minnwest BankLocation: 4828 Lake Road, Sweden, N.Y. 14220Date filed: May 4

2005 Brighton-Henrietta Road LLCAmount: $700,000Mortgagee: S&T Bank LLCLocation: 2005 Brighton-Henrietta Town Line Road, Henrietta, N.Y. 14623Date filed: May 5

NAME CHANGESMONROE COUNTYNew name: 2771 Culver Road LLCOld name: 3721 Culver Road LLCFiler: Alison Rich

New name: Dizmobi LLCOld name: Manatee Software LLCFiler: Accelerated Information and Document Filing Inc.

New name: EFPR IT Consulting Inc.Old name: HCCO 360 LLCFiler: Trevett Cristo P.C.

New name: Golden crops USA Inc.Old name: GC Food USA Inc.Filer: BlumbergExcelsior Corporate Services Inc.

New name: Hanson Money Max Group LLCOld name: Hanson Maxson Group LLCFiler: Inc. Corporate Services

New name: Ja’Love Media LLCOld name: Jodi Aman LLCFiler: Jodi Aman

New name: Jyls LLCOld name: Jaye & Liam LLCFiler: Jennie Sun

New name: Savage-Katz Productions LLCOld name: Team Liza Productions LLCFiler: Underberg & Kessler LLPNew name: Spectrum Sounds LLCOld name: Beats by Jay LLCFiler: Nixon Peabody LLP

New name: Vaisey Nicholson & Nearpass PLLC Old name: Tones Vaisey PLLCFiler: Ann Hodenius

NAME RESERVATIONSRace for the Space Inc. Filer: Carla PenazekFiler’s address: c/o Harris Beach PLLC, 99 Garnsey Road, Pittsford, N.Y. 14534Date filed: March 21

NEW CORPORATIONSGENESEE COUNTYBatavia Dental Laboratory Inc.18 Woodstock Gardens, Batavia, N.Y. 14020Filer: BlumbergExcelsior Corporate Services, Inc. Integrity Partners for Behavioral Health Inc.5130 E. Main St., Batavia, N.Y. 14020Filer: Barclay Damon, LLP

LIVINGSTON COUNTYChristiano Machining Inc.147 Main St., Leicester, N.Y. 14481Filer: Dani

R. Tripp Construction Inc.P.O. Box 27, Springwater, N.Y. 14560Filer: Servico, Inc.

The James and Anne Dollard Scholarship Fund Inc.254 Jersey St., Caledonia, N.Y. 14423Filer: Michael Tobin

MONROE COUNTY351 Capital Corp.2080 W. Ridge Road, Rochester, N.Y. 14626Filer: George Mitris

416 Manitou Road Inc.257 Wood Run, Rochester, N.Y. 14612Filer: John Bansbach

Adams-Kingsley Development Group Inc.180 N. Churchill Drive, Rochester, N.Y. 14616Filer: Dibble Miller, P.C.

ARA Masonry Inc.125 Peck Road, Hilton, N.Y. 14468Filer: Jayla Lombardo

Bullet Transportation Inc.274 Carter St., Rochester, N.Y. 14621Filer: Michael Pacheco

Cha Chat Café Inc.1455 East Henrietta Road, Rochester, N.Y. 14623Filer: James Tang

Children’s Palace Childcare Center Inc.275 Columbia Ave., Rochester, N.Y. 14608Filer: Carlisa McCullough

Colon Management Inc.209 Clifford Ave., Rochester, N.Y. 14621Filer: Luis Colon

Creative Solutions Management Inc.35 Grouse Pointe, Webster, N.Y. 14580Filer: Dawson Law Firm, P.C.

Empire Commercial Enterprise Inc.c/o Dibble & Miller P.C., 55 Canterbury Road, Rochester, N.Y. 14607Filer: Dibble & Miller P.C.

Emsny-Sm Inc.74 Schnackel Drive, Rochester, N.Y. 14622Filer: Cheyenne Moseley

Fine Grain Realty Inc. c/o LegalInc. Corporate Services Inc., 1967 Wehrle Drive, Buffalo, N.Y. 14221Filer: Incfile.com

Gas ‘N Food Inc.98 Lyell Ave., Rochester, N.Y. 14608Filer: Servico, Inc.GIS Scholars Inc.

480 Broadway St., Rochester, N.Y. 14607Filer: Thomas Cuyler

Her Whiskey Love Inc.1050 Gravel Road, Webster, N.Y. 14580Filer: William Farr

Independence Theater Inc.22 Maplehurst Road, Rochester, N.Y. 14617Filer: Kaman Berlove Marafioti Jacobstein

LuLaroe Jessica Truong Corp.926 Pond View Heights, Rochester, N.Y. 14612Filer: Jessica Truong

M&A Mini Mart Inc.760 Genesee St., Rochester, N.Y. 14611Filer: Tax Solutions Plus LLC

Maklan Associate Inc.14 Ballad Ave., Rochester, N.Y. 14626Filer: Tax Solutions Plus LLC

Ming Da Inc.11 Huntington Meadow, Rochester, N.Y. 14625Filer: Chiaochen Yuan

Monarchs Basketball Training Inc.18 St. Andrews Blvd., Fairport, N.Y. 14450Filer: Harris Beach PLLC

NancyJo’s Kennel Inc.14 Emilia Circle, Rochester, N.Y. 14606Filer: Converse & Morell

Neves Enterprises Inc.555 W. Creek Drive, Webster, N.Y. 14580Filer: Nancy Brayley

Platinum Salon Group Inc.1982 County Road 8, Canandaigua, N.Y. 14424Filer: Cheyenne Moseley

PMK Wealth Management Corp.2590 Brighton-Henrietta Town Line Road, Rochester, N.Y. 14623Filer: Allstate Corporate Services Corp.

Royal Choice Realty Inc.83 Kavanaugh Road, Honeoye Falls, N.Y. 14472Filer: Dawson Law Firm, P.C.

Rush-Henrietta Family Chiropractic P.C.4029 W. Henrietta Road, Rochester, N.Y. 14623Filer: Stephen Kornienko

SSS Management Corp.31 Dellwood Drive, East Rochester, N.Y. 14445Filer: Robert Tejeda

Truly Pampered Salon and Day Spa Inc.5384 Brockport Spencerport Road, Brock-port, N.Y. 14420Filer: Allstate Corporate Services Corp.

Westover Strategy Inc.c/o Wiedman, Vazzana, Corcoran & Volta P.C., 5 S. Fitzhugh St., Rochester, N.Y. 14614Filer: Wiedman, Vazzana, Corcoran & Volta, P.C.

Woodstock Recycling Inc.P.O. Box 587, Clarkson, N.Y. 14420Filer: Patrick Roberts

Zamar Enterprises Inc.366 Clay Ave., Rochester, N.Y. 14613Filer: Regina Stinson

ONTARIO COUNTYCanandaigua Community Sailing Inc.3524 W. Lake Road, Canandaigua, N.Y. 14424Filer: Woods Oviatt Gilman LLP

Lake Side Wines & Spirits Inc.699 S. Main St., Canandaigua, N.Y. 14424Filer: Reet Sandhu

Rodemerk Appliance Distribution, Inc. 8487 Northshore Drive, Honeoye, N.Y. 14471Filer: Inc. Corporate Services

ORLEANS COUNTYCarroll’s Hilltop Enterprises Ltd.15049 E. Barre Road, Albion, N.Y. 14411Filer: Jesse Carroll

JUNE 9, 2017


Midgard Medical Devices Inc.5000 N. Tonawanda Creek Road, North Tonawanda, N.Y. 14120Filer: Glenna Bett

Salsabeel Foundation Inc.1500 Fuller Road, Waterport, N.Y. 14571Filer: LegalInc. Corporate Services

WAYNE COUNTYAJ Service Trucking and Repair Corp.207 Glasgow St., Clyde, N.Y. 14433Filer: BlumbergExcelsior Corp Services Inc.

El Castillo Amado Sodus Inc.6564 Route 88, Sodus, N.Y. 14551Filer: Employer Solutions Inc.

STATE/COUNTY COURT JUDGMENTSThis information is obtained from the Mon-roe County Clerk’s Office.

Earthly Surroundings LLC and William Schult4250 Canal Road, Spencerport, N.Y. 14559 Amount: $4,469.37Creditor: John Deer Landscapes and Siteone Landscape Supply LLCDate filed: April 27

Cobbs Hill Pizza Inc. and Sandra Dubolino262 Imperial Circle, Rochester, N.Y. 14617Amount: $1,277.95Creditor: Palmer Fish Co.Date filed: April 27

Echo Tone Music LLC and Kurtis Wilmarth42 Spencerport Road, Rochester, N.Y. 14606Amount: $24,755.65Creditor: Canandaigua National Bank and Trust Co. Date filed: April 17

CCI Builders & Developers Inc.301 Grant St., East Rochester, N.Y. 14445Amount: $25,230.99Creditor: Binswanger GlassDate filed: April 20

Jenny Denonshire LLC and Rochester As-set Management LLC189 N. Water St., Rochester, N.Y. 14604Amount: $7,417.61Creditor: Coccia Electric Inc. and Doctor ElectricDate filed: April 20

Empire Wrecking Co. Inc.6372 Knickerbocker Road, Ontario, N.Y 14519Amount: $15,014.70Creditor: Woods Oviatt Gilman LLP Date filed: April 20

Blossom North LLC, DBA Blossom North Nursing and Rehabilitation Center1335 Portland Ave., Rochester, N.Y. 14621Amount: $600,259.67Creditor: Specialty RX Inc. and Specialty RX NY Inc.Date filed: May 1

Scott Pepson, DBA Scotts Painting & Chimney5818 Route 96, Romulus, N.Y. 14541Amount: $7,293.06

Creditor: Sherwin-Williams Co.Date filed: May 5

Paul McCormick, DBA LA Heating and Cooling206 Roman Road, Buffalo, N.Y. 14218Amount: $6,803.60Creditor: Re Michael Company Inc.Date filed: May 5

Perrello Enterprises Inc.289 Budd Road, Woodbourne, N.Y. 12788Amount: $12,239.45Creditor: Bushwick Metals LLCDate filed: May 5

STATE/COUNTY COURT JUDGMENTS SATISFIEDThis information is obtained from the Mon-roe County Clerk’s Office.

Kitchens Plus Design & Remodeling Cen-ter LLCCreditor: Canandaigua National Bank and Trust Co. Date satisfied: April 10

MCM Natural Stone Inc. and Marilyn ValleCreditor: Canandaigua National Bank and Trust Co. Date satisfied: April 10

Seibold Security Inc.Creditor: Commissioner of LaborDate satisfied: April 10

Rainbow Center of MichiganCreditor: Commissioner of LaborDate satisfied: April 10

Bonadio & Co. LLPCreditor: Commissioner of LaborDate satisfied: April 10

Michael Lisena, dba H&W Delivery, and Anthony Messerino, dba H&W DeliveryCreditor: Commissioner of LaborDate satisfied: April 10

BT Donnelly Inc., dba Donnelly Landscap-ingCreditor: Commissioner of LaborDate satisfied: April 10

NACC Inc.(Three judgments)Creditor: Commissioner of LaborDate satisfied: April 10

Jean Factory LLCCreditor: Commissioner of LaborDate satisfied: April 10

Reginal Robinson, da Shiny Clean, and Wilie Smith, dba Shiny CleanCreditor: New York State Department of La-borDate satisfied: April 10

Abrams Enterprises Inc.Creditor: Commissioner of LaborDate satisfied: April 10

Boku Inc.Creditor: Commissioner of LaborDate satisfied: April 10

Dominic Pezzola, dba D Pezzola Flooring

(Two judgments)Creditor: Commissioner of LaborDate satisfied: April 10

Elaine Dathe, Daniel Worthington, Paul Beldham, Thomas Mccormick, Payquick-er LLC, Biff Investments L.P., Stephen Da-the, McCormick Children Family Trust, Cathy Worthington and ZFJ Corp.Creditor: ABC Supply Co. Inc., Scot Luther and American Builders & Contractors Supply Co. Inc.Date satisfied: April 24

Rich’s Music Exchange and Richard Rog-enmoserCreditor: Fender Musical Instruments Corp.Date satisfied: April 25

Town of East Rochester, David Miles and Village of East RochesterCreditor: Sal Barbieri and Northside RoofingDate satisfied: April 25

Akram Abdallah, dba Naughty by NatureCreditor: Commissioner of Taxation and Fi-nanceDate satisfied: April 25

AMS Pizza Inc. and Marvin MozzeronisCreditor: Workers’ Compensation Board of the State of New YorkDate satisfied: April 27

Seibold Security Inc.Creditor: Commissioner of LaborDate satisfied: April 28

Seibold Security Inc., and Yong Wolfer, dba All State Building Co.Creditor: Commissioner of LaborDate satisfied: April 28

Herbert Starkes, dba Spyda Bar Keys Res-taurant(Three judgments)Creditor: Commissioner of LaborDate satisfied: April 28

Striking Results Inc.(Two judgments)Creditor: Commissioner of LaborDate satisfied: April 28

Rochester Solar and Wind LLCCreditor: Commissioner of LaborDate satisfied: April 28

Clarity Customer Management Inc.Creditor: Commissioner of LaborDate satisfied: April 28

Tangiers Resto-Lounge & Nite Club Inc., dba Magic City(Two judgments)Creditor: Commissioner of LaborDate satisfied: April 28

Tiffany Pyatt, dba Rocmic NationCreditor: Commissioner of LaborDate satisfied: April 28

Sergei Golubkov, dba Uptown CheapskateCreditor: Commissioner of LaborDate satisfied: April 28

Your Flower Shoppe Inc.Creditor: Commissioner of LaborDate satisfied: April 28

Break the Ice Media Inc.Creditor: Commissioner of LaborDate satisfied: April 28

DPGM LLCCreditor: Commissioner of LaborDate satisfied: April 28

Laks Technology Solutions LLC(Four judgments)Creditor: Commissioner of laborDate satisfied: April 28

Marcus Williams, dba Singularity Enter-prises(Four judgments)Creditor: Commissioner of LaborDate satisfied: April 28

Rivoli Asset Management LLC(Four judgments)Creditor: Commissioner of LaborDate satisfied: April 28

Materials Software System Inc.Creditor: Commissioner of LaborDate satisfied: April 28

Jerold Caruso Electrical Inc.(Two judgments)Creditor: Commissioner of LaborDate satisfied: April 28

G&G Seal Coating Inc.Creditor: Commissioner of LaborDate satisfied: April 28

Abrams Enterprises Inc. and James AbramsCreditor: Commissioner of Labor of the State of New YorkDate satisfied: April 17

Endicott New York Lodge No. 1977 and Benevolent and Protective order of the Elks of the United States of America Inc.Creditor: Sysco Syracuse LLCDate satisfied: April 18

Segelman Shaw LLCCreditor: Atlantic Casualty Insurance Co.Date satisfied: April 18

Deer Run Farm of NY LLCCreditor: Hubner Seed Co.Date satisfied: April 18

Rich’s Music Exchange and Richard Rog-enmoserCreditor: KMC Music Inc.Date satisfied: April 18

Westgate Nursing Home Inc.Creditor: Renzi Bros. Inc.Date satisfied: April 18

Albertina Heating and Plumbing LLCCreditor: Tri-Bro SupplyDate satisfied: April 18

Advanced Inspection & Consultant Ser-vices Inc.Creditor: Commissioner of Taxation and Fi-nanceDate satisfied: April 18

Tim Montemorano, dba Affordable Used Appliance/Mr. ApplianceCreditor: Westside News Inc.Date satisfied: April 18

MarketplaceNOTICE TO BIDDERS

The Board of Education of the Greece Central School District of the Town of Greece, County of Monroe, hereby invites the submis sion of the sealed bid(s):

Bid #17‑2378ROOF REPAIR SERVICES

Open: June 29, 2017@ 2:00pm

Bids will be received at the Purchasing Office located at 750 Maiden Lane, Roch‑ester, NY 14615, Room W‑19 until 2:00pm on June 29, 2017 at which point all bids will be pub‑licly opened. Specifications and forms may be obtained

online at www.bidnetdirect .com/newyork. Click on “Open Bids” tab to view more in‑formation on individual bid opportunities or on “Vendor Registration” if you are not currently reg‑istered. Vendors without internet access can obtain the specifications and form at the same office noted above. The Board of Education reserves the right to reject any or all bids. Any bid submitted will be binding for forty‑five (45) days subsequent to the date of bid opening.

Romeo A. ColilliPurchasing Agent11353241 6/9/17

REQUEST FORPROPOSALS:

ORIGIN & DESTINATION STUDY (RGRTA 047‑017)

The Rochester Genesee Re‑gional Transportation Au‑thority (“RGRTA”) is seek‑ing a contractor to conduct an Origin & Destination Study to obtain accurate information on the fixed‑route bus travel pat‑terns of RTS customers in Monroe County.

Proposals will be received by mail or hand delivery at the RGRTA Administration Building Reception Area, 1372 East Main Street, Rochester, New York

14609 until July 12, 2017 at 4 p.m. Proposals re‑ceived after the time and date specified will not be considered.

The RFP document may be requested from RGRTA by email at: [email protected]. Propos‑als must be submitted in accordance with the terms and conditions of the spec‑ifications. Any firm ap‑pearing on the Comptroller General’s List of Ineligible Contractors is not eligible to participate. Fax requests are not accepted.

The award of a contract is not subject to Section 103 of the General Municipal

Law.11353988 6/9/17

REQUEST FORQUALIFICATIONS

FEDERAL LOBBYIST SER‑VICES

AT THE GREATER ROCH‑ESTER

INTERNATIONAL AIR‑PORT

The Monroe County Airport Authority is soliciting qual‑ifications from firms or in‑dividual practitioners to provide Federal Lobbyist Services for the Monroe County Airport Authority at the Greater Rochester International Airport. For the Request for Qualifica‑tions (RFQ) package,

download at w w w . m o n r o e c o u n t y .gov/bid/rfps or con‑tact Stepha nie Lucania at [email protected]. The deadline for the RFQ is July 10, 2017.11353991 6/9/17

NOTICE TO BIDDERS

Monroe County is seeking bids for the following items and/or services. Specifi‑cations are available at www.monroecounty.gov. Sealed bids will be publicly opened at the time and date stated below. Bids must be received prior to the time shown at the Of‑fice of the Purchasing Manager: Room 200,

JUNE 9, 2017

ROCHESTER BUSINESS JOURNALMarketplaceCounty Office Bldg., 39 W. Main St., Rochester, NY 14614; 585‑753‑1100.

BP#0517‑17WHEEL & SHAFT ASSEM‑BLIES FOR A CENTRIFU GAL FANJune 30, 2017 11:00 am

BP#0603‑17CAISSON INSTALLATION FOR CURTAIN WALL EX‑PANSION & EXTERIOR STORM WATER PIPEPre‑Bid: June 14, 2017 at 2:00 pm at the Interna‑tional Arrivals Hall at the GRIA, 1200 Brooks Avenue, Rochester, NY 14624Spec Charge: $100.00June 21, 2017 11:00 am

BP#0606‑17RECORDS STORAGE & MANAGEMENT SERVICESJune 29, 2017 11:00 am

BP#0607‑17FURNISH & INSTALL UPS BATTERIESJune 30, 2017 11:00 am

BP#0609‑17LAWN CUTTING FOR FORECLOSED PROPER TIESJune 22, 2017 2:00 pm

NOTICE TO PROPOSERS

Monroe County is issuing requests for proposals for the following services. Re‑quest for proposal docu‑ments are available at www.monroecounty.gov/bid/rfps. There will be no formal opening of propos‑als. Proposals must be re‑ceived at the date, time and location identified in the request for proposal.

Wellness Programs for Old‑er Adults, Monroe County Office for the AgingResponses are due by 3:00 pm on Friday, July 7, 2017.

Dawn C. StaubPurchasing Manager11353862 6/9/17

REQUEST FORPROPOSALS

The Rochester Genesee Re gional Transporta-tion Au thority (“RGRTA”) has is sued a Request for Propos als (RFP), on behalf of Re gional Transit Service (RTS) Monroe, in order to solicit proposals from qual‑ified firms who are inter‑ested in providing Bus Au‑dit and Inspection Services for 15 40’ Heavy‑Duty Die‑sel buses to be built by New Flyer Industries in its Winnipeg, Manitoba, and Crookston, Minnesota plants. Services include in‑plant bus‑line inspection services and an FTA Compliant Buy Ameri ca Post Delivery Audit.Copies of the Request for Proposals may be obtained from Dawn L. Sywulski, RGRTA Manager of Con‑tract Administration, by email at procure [email protected] or by telephone at 585/654‑0655. Firms ap‑pearing on the Comptroller General’s list of ineligible contractors are not able to participate.To be eligible for consider‑ation, one (1) original, four (4) hard copies and one (1) electronic copy of the pro‑posal must be received by RGRTA no later than 3:00 p.m., Friday, June 30, 2017. Proposals will be re‑ceived by mail or hand de‑livery at the RGRTA Ad‑ministration Building Re ception Desk, 1372 East

Main Street, Rochester, New York 14609.It is RGRTA’s policy and practice that DBEs are af‑forded equal opportunities to participate in the perfor‑mance of its contracts in whole or part. Our com‑mitment, based on Federal Register 49 CFR, Part 26, Section 105 of the Surface Transportation Assistance Act, New York State Execu‑tive Order 11426, and the United States Small Busi‑ness Administration regu‑lations, is to affirmatively insure EEO compliance.11353332 6/9/17

NOTICE OF FORMATIONNATIONAL FREIGHT

LINES LLC

NATIONAL FREIGHT LINES LLC filed Articles of Organization with the New York Department of State on 03/29/2017. Its office is located in Monroe Coun‑ty. The Secretary of State has been designated as agent of the Company upon whom process against it may be served and a copy of any process shall be mailed to LEGAL‑INC CORPORATE SERVIC‑ES INC., 1967 WEHRLE DR., STE 1 #086; BUFFA‑LO, NY 14221. The purpose of the Company is TRANSPORTATION.11333554 5/5/17

NOTICE OF FORMATION

142 Keuka LLC filed Arti‑cles of Organization with the New York Department of State on 05/04/17. Its office is located in Monroe County. The Secretary of State has been designated as agent of the Company upon whom process against it may be served and a copy of any process shall be mailed to PO Box 25575 Rochester NY 14625. The purpose of the Company is Real Estate Company.11338283 5/12/17

LEGAL NOTICE

NOTICE OF FORMATION OF 4945 CULVER ROAD LLC. Arts. of Org. filed with SSNY on 05/12/2017. Of fice location: Monroe County. SSNY designated as agent upon whom proc‑ess may be served and shall mail a copy of any process to the principal business address: 8 Amity St., Spencerport, NY 14559. Purpose: any lawful act or activity.11341929 5/19/17

LEGAL NOTICE

NOTICE OF FORMATION OF 6363 EAST CANAL ROAD LLC. Arts. of Org. filed with SSNY on 04/07/2017. Office loca‑tion: Monroe County. SSNY designated as agent upon whom process may be served and shall mail a copy of any process to the principal business address: 8 Amity St., Spen cerport, NY 14559. Purpose: any lawful act or activity.11338300 5/12/17

LEGAL NOTICE

Notice of Formation of Barbender Nutrition LLC. Articles of Organization filed with the New York De partment of State on 4/11/17. Its office is locat‑ed in Monroe County. The Secretary of State has been designated as agent upon whom process against the Company may

be served. SSNY shall mail a copy of process to: 128 Citation Drive, Henrietta, NY 14467. The purpose of the Company is any lawful activity.11337664 5/12/17

LEGAL NOTICE

Beachwalk Properties LLC. Arts. of Org. filed with Secy. of State of NY (SSNY) on 3/6/2017. Office loca‑tion: Monroe County. SSNY shall mail process to: 2020 Five Mile Line Rd., Penfield, NY 14526. Pur pose: Any lawful activity.11346416 5/26/17

NOTICE OF FORMATION

Notice of Formation of Big James Trucking LLC. Arti‑cles of Organization filed with the New York Depart‑ment of State on February 21,2017. Its office is locat‑ed in Monroe County. The Secretary of State has been designated as N O R T H W E S T REGISTERED AGENT, LLC 90 STATE STREET, STE 700 OFFICE 40 ALBANY, NEW YORK, 12207 SSNY shall mail a copy of process to: 135 Lake Breeze Rd Greece NY 14616 The purpose of the Company is any lawful ac‑tivity.11330005 4/28/17

LEGAL NOTICE

Notice of Formation of Bir‑mingham Brighton Proper‑ty LLC. Articles of Organ‑ization filed with the New York Department of State on 5/4/2017. Its office is located in Monroe County. The Secretary of State has been designated as agent upon whom process against the Company may be served. SSNY shall mail a copy of process to: 9 Bir‑mingham Drive, Rochester, NY 14618. The purpose of the Company is any lawful activity.11337832 5/12/17

LEGAL NOTICE

Notice of Formation of bush corners produce and cafe LLC . Office in Ontario County filed articles of or‑ganization with the NYS DOS on April 11,2017. United States Corporation Agents as agent of the LLC upon whom process against it may be served.The office of the LLC and address to which the Secretary of State shall mail a copy of any process shall be, 7014 13th Avenue Suite 202 Brooklyn N.Y. 11228. The purpose of the LLC is to engage in any business permitted under law11342450 5/19/17

LEGAL NOTICE

Notice of Formation of Chartwell Consulting Ser‑vices L.L.C. Articles of Or‑ganization filed with the New York Department of State on May 4th 2017. Its office is located in Monroe County. The Secretary of State has been designated as agent upon whom proc‑ess against the Company may be served. SSNY shall mail a copy of process to: 1 Tobey Woods Pittsford, NY 14534. The purpose of the Company is any lawful ac‑tivity.11353248 6/9/17

NOTICE OF FORMATION

Notice of Formation of Chosen Athletics LLC Arts of Org. filed with Secy. Of

State of NY (S S N Y) on April 20, 2017. Office loca‑tion: Ontario County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: 143 Hamlin Drive, Canan‑daigua NY, 14424. Purpose: any lawful activity.11332043 5/5/17

LEGAL NOTICE

Crackpot Crockery LLC. Art. of Org. filed with the SSNY on 05/19/17. Office: Ontario County. SSNY des‑ignated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC, 5133 County Rd 16, Canandai‑gua, NY, 14424. Purpose: Any lawful purpose.11349077 6/9/17

LEGAL NOTICE

Notice of Formation of Ecomodehomes, LLC. Arti‑cles of Organization filed with the New York De‑partment of State on 3/20/17 its office is located in Monroe County. The Secretary of State has been designated as agent upon whom process against the Company may be served. SSNY shall mail a copy of process to: Laurie Streb, 110 Root Road, Brockport NY 14420. The purpose of the Company is any lawful activity.11337646 5/12/17

LEGAL NOTICE

Notice of Formation of Grease Lightning Power Washing, LLC. Articles of Org. was filed with the Sect’y of State of NY (SSNY) on 03/01/2017. Location is Ontario County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail process to the LLC, P.O. Box 600, 7512 Victor Mendon Road, Victor, NY 14564. Purpose: any lawful activity.11343977 5/26/17

NOTICE OF FORMATION‑

Kennedy Property Manage‑ment & Preservation LLC. Filed with SSNY on 9/29/16. Office: Orleans County. SSNY designated as agent for process & shall mail to: 15546 Ridge Rd Kent NY 14477. Pur pose: any lawful11336785 5/12/17

NOTICE OF FORMATION

King of Credit Repair, LLC Art. of Org. filed Sec. of State of NY 02/08/2017. Off. Loc.: Monroe Co. SSNY designated as agent upon whom process against it may be served. SSNY to mail copy of process to The LLC, 7014 13th Avenue, Ste 202, Brooklyn, NY 11228. Purpose: Any law ful act.11333843 5/5/17

NOTICE OF FORMATION OF LLC

‑MJ FARMINGTON HOLD‑INGS, LLC Articles of Org. filed NY Sec. of State (SSNY) 04/24/17. Office in Ontario Co. Principal bus. location: 5741 Dalton Drive, Farmington, NY 14425 SSNY desig. agent of LLC upon whom process against it may be served. SSNY shall mail a copy of process to 5741 Dalton Drive, Farmington, NY

14425. Purpose: any lawful activities.11332033 5/5/17

NOTICE OF FORMATION OF

LIMITED LIABILITYCOMPANY

1. Name of the Limited Li‑ability Company is MKC Partners, LLC2. Articles of Organization were filed by Department of State of New York on May 19, 20173. County of office: Mon roe4. The Company does not have a specific date of Dis‑solution.5. The Secretary of State has been designated as agent upon whom process against the Company may be served. The address to which process shall be mailed: 62 Park Ave., Webster, NY 145806. Purpose: Any lawful activity.11349330 6/9/17

LEGAL NOTICE

Notice of Formation of MK Express LLC. Articles of Organization filed with the New York Department of State on 5/19/2017. Its of‑fice is located in Monroe County. The Secretary of State has been designated as agent upon whom proc‑ess against the Company may be served. SSNY shall mail a copy of process to: 663 Beahan Rd, Rochester, NY, 14624. The purpose of the Company is any lawful activity.11350938 6/9/17

LEGAL NOTICE

Notice of Qualification of Morrissey Goodale LLC. Authority filed with NY Secy of State (SSNY) on 5/30/17. Office location: Monroe Co. LLC formed in Delaware (DE) on 5/15/17. SSNY is designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: 111 8th Ave, NY, NY 10011. DE address of LLC: 1111B S GOVER‑NORS AVE, Dover, DE 19904. Cert. of Formation filed with DE Secy of State, 401 Federal St. Ste 4, Do‑ver, DE 19901. Purpose: any lawful activity.11353244 6/9/17

LEGAL NOTICE

Notice of Qualification of MSCI 2007‑IQ16 TECH PARK DRIVE, LLC. Author‑ity filed with NY Secy of State (SSNY) on 5/23/17. Office location: Monroe Co. LLC formed in Delaware (DE) on 5/16/17. SSNY is designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: 111 8th Ave, NY, NY 10011. DE address of LLC: 1209 Orange St, Wilming‑ton, DE 19801. Cert. of Formation filed with DE Secy of State, 401 Federal St. Ste 4, Dover, DE 19901. The name and ad‑dress of the Reg. Agent is CT Corporation System, 111 8th Ave, NY, NY 10011. Purpose: any lawful activity.11349198 6/9/17

NOTICE OF FORMATION

Norbut Farm, LLC filed Ar‑ticles of Organization with Secretary of State (SSNY) on 1/3/17. Office Location: Monroe County. SSNY is designated as agent of LLC upon whom process against it may be served.

SSNY shall mail copy proc‑ess to 170 Gillett Road, Spencerport, NY 14559. Purpose: Any lawful activi ties.11335649 5/12/17

NOTICE OF FORMATION

Norbut Solar Farm, LLC filed Articles of Organiza‑tion with Secretary of State (SSNY) on 2/23/17. Office Location: Monroe County. SSNY is designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy process to 1241 Uni‑versity Ave, Rochester, NY 14607. Purpose: Any law ful activities.11336258 5/12/17

NOTICE OF FORMATION

Notice of Formation of NVA Clark Management, LLC. Articles of Organization filed with the New York De‑partment of State on May 2, 2017. Its office is located in Monroe County. The Secretary of State has been designated as agent upon whom process against the Company may be served. SSNY shall mail a copy of process to: 80 State St, Albany, NY 12207. The purpose of the Company is any lawful ac‑tivity.11335585 5/19/17

NOTICE OF FORMATION

Orleans Land Holdings LLC. Filed with SSNY on 10/11/16. Office: Orleans County. SSNY designated as agent for process & shall mail to: 1300 Liberty Bldg Buffalo NY 14202. Purpose: any lawful11336800 5/12/17

LEGAL NOTICE

Notice of Formation of PRCNY LLC. Articles of Or‑ganization filed with the New York Department of State on April 19th 2017. Its office is located in Mon‑roe County. The Secretary of State has been designat‑ed as agent upon whom process against the Com‑pany may be served. SSNY shall mail a copy of process to: 129 Hale Haven Drive. The purpose of the Company is small to medi‑um size home repair and improvement.11342433 5/19/17

LEGAL NOTICE

Notice of Formation of Quintela LLC. Articles of Organization filed with the New York Department of State on 4/19/2017. Its of‑fice is located in Monroe

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JUNE 9, 2017

ROCHESTER BUSINESS JOURNALMarketplaceCounty. The Secretary of State has been designated as agent upon whom process against the Company may be served. SSNY shall mail a copy of process to: 451 Alfonso Drive, Rochester N.Y. 14626. The purpose of the Company is any lawful activity.11348475 6/2/17

NOTICE

Notice of Formation of Referability Index LLC. Articles of Organization filed with the New York Department of State on March 24, 2017. Its office is located in Monroe County. The Secretary of State has been designated as agent upon whom process against the Company may be served. SSNY shall mail a copy of process to: c/o United States Corporation Agents, Inc., 7014 13th Avenue, Suite 202, Brooklyn, NY 11228. The purpose of the Company is any lawful activity.11333536 5/5/17

NOTICE OF FORMATION

Rosario Family Farming, LLC. Filed with SSNY on 3/15/17. Office: Orleans County. SSNY designated as agent for process & shall mail to: 3743 Eagle Harbor Rd Albion NY 14411. Purpose: any lawful11331557 5/5/17

NOTICE OF FORMATION.

Name: Ruthie’s Backyard Blends, LLC (LLC). Articles of Organization filed with New York Secretary of State (SSNY) May 12, 2017. Office of LLC is located in Monroe County, NY at principal business location of 27 E. Jefferson Road, Pittsford, NY 14534. SSNY designated agent of LLC for service of process. SSNY shall mail a copy of process served against LLC to 27 E. Jefferson Road, Pittsford, NY 14534. LLC purpose is to engage in any activity authorized by NY law.11348465 6/2/17

LEGAL NOTICE

Schultz Medical Consulting, PLLC Arts of Org filed with NY Sec of State (SSNY) on 3/8/17. Office: Monroe County. SSNY designated as agent of LLC upon whom process may be served. SSNY shall mail copy of process to: 296 Aldine St, Rochester, NY 14619. Purpose: Medicine.11349082 6/2/17

LEGAL NOTICE

Notice of Formation of SensoDx Production LLC. Arts of Org. filed with New York Secy of State (SSNY) on 5/2/17. Office location: Monroe Co. SSNY is designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: 39533 Woodward Ave, Ste 318, Bloomfield Hills, MI 48304. Purpose: any lawful activity.11337839 5/12/17

LEGAL NOTICE

Notice of Formation of Timeless Building Materials & Salvage LLC. Arts. of Org. filed with Secy. of State of NY (SSNY) on 5/5/17. Office location: Orleans County. SSNY designated as agent of LLC upon whom process

against it may be served. SSNY shall mail process to: 119 Maple Avenue, Medina, NY 14103. Pur pose: any lawful activity.11349035 6/2/17

NOTICE OF FORMATION OF TOP NOTCH BRANDS

LLC

Top Notch Brands LLC filed its Arts of Org. with the SSNY on 1/19/17. Its office is located in Monroe County. SSNY has been designated as agent of LLC upon whom process against it may be served and a copy of any process will be mailed to The LLC, 38 James Moore Circle, Hilton, NY 14468. Any Lawful purpose.11338295 5/12/17

NOTICE OF FORMATION

Transcendence Capital Enterprise, LLC filed Articles of Organization with the New York Department of State on May 10th, 2017. Its office is located in Monroe County. The Secretary of State has been designated as agent of the Company upon whom process against it may be served and a copy of any process shall be mailed to 3300 Monroe Ave, Suite 209 Rochester, NY 14618. The purpose of the Company is Real Estate Investment and Management.11343986 5/26/17

LEGAL NOTICE

Notice of Qualification of TS TWO PACK NY LLC. Authority filed with NY Secy of State (SSNY) on 5/22/17. Office location: Monroe County. LLC formed in Delaware (DE) on 5/17/17. SSNY is designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: 111 8th Ave, NY, NY 10011. DE address of LLC: 160 Greentree Dr., Ste 101, Dover, DE 19904. Cert. of Formation filed with DE Secy of State, 401 Federal St. Ste 4, Dover, DE 19901. The name and address of the Reg. Agent is National Registered Agents, Inc., 111 8th Ave, NY, NY 10011. Purpose: any lawful activity.11349201 6/9/17

NOTICE OF FORMATION

Notice of Formation of WHITE EAGLE OF AMERICA, LLC. Articles of Organization filed with the New York Department of State on 03/10/2017. Its office is located in Monroe County. The Secretary of State has been designated as agent upon whom process against the Company may be served. SSNY shall mail a copy of process to: 5 CEDARHURST DR., WEST HENRIETTA NY 14586. The purpose of the Company is any lawful activity.11335484 5/12/17

LEGAL NOTICE

NOTICE OF FORMATION OF ZBD LLC filed Articles of Organization with the NYS DOS on April 13, 2017. The DOS is designated as agent of the LLC upon whom process against it may be served. The office of the LLC and address to which the Secretary of State shall mail a copy of any process shall be 42 Oxford St., Apt. #1, Rochester, NY 14607, Monroe County. The pur pose

of the LLC is to en gage in any business per mitted under law.11327556 4/28/17

NOTICESCHOOL DISTRICT BUD

GET PRESENTATION

ANDBUDGET RE VOTE

PITTSFORD CENTRAL SCHOOL

DISTRICT

Notice is hereby given that the budget hearing for the Pittsford Central School District will be held at Barker Road Middle School, 75 Barker Road, Pittsford, New York, on Monday, June 12, 2017, at 7:00 p.m., local time, for the presentation of the budget of the necessary funds to meet the estimat ed expenditures for the en suing year for school pur poses. And notice is also given that a copy of the statement of the amount of money which will be required for the ensuing year for school purposes, exclusive of public monies, may be obtained by any qualified voter in the District during the fourteen (14) days immediately preceding the budget vote, except Saturday, Sunday, or holidays at each school house in the District between the hours of 9:00 a.m. and 4:00 p.m., local time. And notice is hereby given that the re vote for the Pittsford Central School District will be held at the Barker Road Middle School, 75 Barker Road, Pittsford, New York, on Tuesday, June 20, 2017, between the hours of 7:00 a.m. and 9:00 p.m. (local time). The vote upon the appropriation of the necessary funds to meet the estimated expenditures for the ensuing year for school purposes will be held at that time. Absentee ballots may be applied for at the school district clerk’s office at 75 Barker Road; a list of absentee voters will be available for public inspection before the election, as required by law.Dated: May 30, 20176/6/17, 6/13/17

Veronica M. WalkerSchool District Clerk

11350942 6/9/17

SUPPLEMENTALSUMMONS AND NOTICE

STATE OF NEW YORKSUPREME COURTCOUNTY OF MONROEFiled: 05/15/2017Index No.: 20166332Mortgaged Premises:259 Springfield AveRochester, (City of Roches ter) NY 14609U.S. Bank National Association As Trustee For Structured Asset Securities Corporation Sasco Mortgage Loan Trust 200212 Mort gage Passthrough Certifi cates Series 200212, Plaintiff,vs.Any unknown heirs to the Estate of Dianne Hughes, next of kin, devisees, lega tees, distributees, grantees, assignees, creditors, lienors, trustees, executors, administrators or successors in interest, as well as the respective heirs at law, next of kin, devisees, legatees, distributees, grantees, assignees, lienors, trustees, executors, administrators or successors in interest of

the aforesaid classes of persons, if they or any of them be dead, all of whom and whose names and places of residence are unknown to the plaintiff; WILLIAM HUGHES; DANIELLE HUGHES; RUBY MORGANTI; RICHARD F. SCHAUSEIL, AS DIRECTOR OF THE MONROE COUNTY DEPARTMENT OF SOCIAL SERVICES; ARROW FINANCIAL SERVICES, LLC APO GE MONEY BANK; MAIN STREET ACQUISITION CORP; USA/IRS; NEW YORK STATE; WELLS FARGO AS SUCCESSOR BY MERGER TO CENTERBANK S/H/A CENTERBANK; and “JOHN DOE” and “MARY DOE,” (Said names being fictitious, it being the intention of plaintiff to desig nate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein.) Defendants.TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on Plaintiff’s attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a Defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint.NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of the above captioned action is for the foreclosure of: Mortgage bearing the date of April 25, 1994, executed by Diane Hughes, William A. Morganti and Ruby Morganti to Fleet Real Estate Funding Corp. to secure the sum of $57,100.00, and interest, and recorded in the Office of the Clerk of Monroe County on April 29, 1994 in Book 12195 Page 145.That Fleet Mortgage Corp FKA Fleet Real Estate Funding Corp, successor by merger to Fleet Mortgage Corp duly assigned said Note and Mortgage to Atlantic Mortgage & Investment Corporation by Assignment dated June 2, 1998 and recorded on October 8, 1998 in the Office of the Clerk of Monroe County in Book 1258 Page 329.That CitiMortgage, Inc. successor by merger to ABN AMRO Mortgage Group, Inc., successor by merger to Atlantic Mortgage & Investment Corporation duly assigned said Note and Mortgage to US Bank National Association as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 200212 Mortgage PassThrough Certificates Series 200212 by Assignment dated July 16, 2015 and recorded on July 22, 2015 in the Office of the Clerk of Monroe Coun ty in Book 1778 Page 615.The relief sought in the

within action is a final judgment directing the sale of the Mortgaged Premises described above to satisfy the debt secured by the Mortgage described above. Plaintiff designates Monroe County as the place of trial. The basis of venue is the County in which the Mortgaged Premises is situated.Section: 107.22Block: 2Lot: 89DATED: _05/09/2017_ Rochester, New York

NOTICEYOU ARE IN DANGER OF

LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the Mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your Mortgage company will not stop this foreclo sure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE AT TORNEY FOR THE PLAIN TIFF (MORTGAGE COMPA NY) AND FILING THE AN SWER WITH THE COURT.WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

SCHEDULE ALEGAL DESCRIPTION

ALL that tract or parcel of land situate in the City of Rochester, County of Monroe, State of New York, known and designated as Lot No. 110 on a map of land called Savoy Park, filed in Monroe County Clerk’s Office in Liber 23 of Maps at Page 20.Said Lot No. 110 is 4481/100ths feet wide front and rear and 10727/100ths feet in depth on the westerly side and 10729/100ths feet in depth on the easterly side and is situate on the southerly side of Spring field Avenue.Subject to all covenants, easements and restrictions, if any, affect ing said premises.Being the same premises conveyed to the Mortgagor(s) herein by deed dated April 21, 1993 and recorded April 22, 1993 in the Monroe County Clerk’s Office in Liber 8330 of Deeds, at Page 308.11343957 5/26/17

SUPPLEMENTALSUMMONS

AND NOTICE

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF MONROEIndex No. E2017000035CHESWOLD (TL), LLC, Plaintiff, v. The heirsatlaw, next of kin, distributees, executors, administrators, assignees, lienors, creditors, successorsininterest and generally all persons having or claiming under, by or through BERNICE WIGGINS, DECEASED, by purchase, inheritance, lien or otherwise of any right, title or interest in and to the premises described in the complaint herein, and all

creditors thereof, and the respective husbands, or widowers of hers, if any, all of whose names and addresses are unknown to Plaintiff; ELOISE WIGGINS; ULYSSES WIGGINS; MARY HARVEY; MIDLAND FUNDING LLC; PORTFOLIO RECOVERY ASSOCIATES, L.L.C.; MIDLAND FUNDING LLC DBA IN NEW YORK AS MIDLAND FUNDING OF DELAWARE LLC; COUNTY OF MONROE; PROPEL FINANCIAL 1, LLC; US BANK AS CUSTODIAN FOR PFS FINANCIAL 1, LLC; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA AND “JOHN DOE #1” THROUGH “JOHN DOE #100”, Defendants.TO THE ABOVE NAMED DEFENDANTS:YOU ARE HEREBY SUMMONED to answer the amended complaint in the aboveentitled foreclosure action, and to serve a copy of your answer on Plaintiff’s attorney within thirty (30) days after the service of this summons, exclusive of the day of service or within thirty (30) days after completion of service where service is made in any other manner than by personal service within the State. The United States of America, if designated as a defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by de fault for the relief demand ed in the amended com plaint.Monroe County is designated as the place of trial. The basis of venue is the location of the subject premises.Dated: May 4, 2017TO THE ABOVE NAMED DEFENDANTS:The foregoing supplemental summons is served upon you by publication, pursuant to an Order of Honorable William K. Taylor, a Justice of the Supreme Court, dated May 16, 2017, and filed with supporting papers in the Monroe County Clerk’s Of fice.This is an action to foreclose tax liens encumbering the property known as 144 Dr. Samuel McCree Way, City of Rochester, New York and identified as tax account no.: 120.52327.001 (the “Tax Parcel”). The relief sought is the sale of the Tax Parcel at public auction in satisfaction of the tax liens. In case of your failure to appear, judgment may be taken against you in the sum of $11,612.91, together with interest, costs, disbursements and attorneys’ fees of this action, and directing the public sale of the Tax Par cel.PHILLIPS LYTLE LLPAnthony J. IacchettaAttorneys for PlaintiffCheswold (TL), LLC28 East Main StreetSuite 1400Rochester, New York 14614Telephone: (585) 238200011349038 6/2/17

NOTICE OF SALE

IN FORECLOSURE STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, M O R T G A G E

JUNE 9, 2017

ROCHESTER BUSINESS JOURNALMarketplacePASS‑THROUGH CERTIFI‑CATES, SERIES 2006‑15, Plaintiff, v. FRANCESCO PUCCIO, et al., Defendants. PLEASE TAKE NOTICE THAT In pursu‑ance of a Judgment of Foreclosure and Sale en‑tered in the office of the County Clerk of Monroe County on April 27, 2017, I, the Referee named in said Judgment, will sell in one parcel at public auc‑tion on July 11, 2017 at the Foreclosure Auction Area, Hall of Justice, Lower Level Atrium, 99 Ex‑change Boulevard, Roches‑ter, County of Monroe, State of New York, at 10:00 A.M., the premises de‑scribed as follows: 440 Sundance Trail Webster, NY 14580 SBL No.: 063.10‑2‑32 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Webster, County of Mon‑roe and the State of New York The premises are sold subject to the provisions of the filed judgment, Index No. 2015‑010217, any state of facts an accurate survey and inspection of the premises may disclose, to covenants, restrictions and easements, if any, to assessments or water charges not a lien upon the property, to violations, zoning regulations, prior liens of record, if any, and ordinances of the city, town or village in which said premises lie, to leases, tenancies and occupancies, and to other charges and liens with pri‑ority over plaintiff’s mort‑gage. Stephen M Leonardo, Esq., Referee Judgment Amount: $501,639.66 Richard S. Mullen, Esq. Woods Oviatt Gilman LLP

Plaintiff’s Attorney 700 Crossroads Building, 2 State St. Rochester, New York 14614 Tel: 585.987.2800 4618311349327 6/9/17

NOTICE OF SALE

IN FORECLOSURE STATE OF NEW YORK SUPREME COURT COUNTY OF MON‑ROE M&T BANK, Plaintiff, v. JOHN M. BUONO, NOW DECEASED, DEBORAH S. BUONO, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF JOHN M. BUONO, et al., Defend‑ants. PLEASE TAKE NO‑TICE THAT In pursuance of a Judgment of Foreclo‑sure and Sale entered in the office of the County Clerk of Monroe County on March 22, 2017, I, the Ref‑eree named in said Judg‑ment, will sell in one par‑cel at public auction on July 6, 2017 at the Entry‑way to the Hall of Justice, Monroe County Court‑house, 99 Exchange Blvd, Rochester, County of Mon‑roe, State of New York, at 9:30 A.M., the premises described as follows: 72 Huxley Way Perinton, NY 14450 SBL No.: 166.13‑2‑9 ALL THAT TRACT OR PAR‑CEL OF LAND situate in the Town of Perinton, County of Monore and State of New York The premises are sold subject to the provisions of the filed judgment, Index No. 16‑8987, any state of facts an accurate survey and in‑spection of the premises may disclose, to covenants, restrictions and ease‑ments, if any, to assess‑ments or water charges not a lien upon the property, to violations, zoning regu‑

lations, prior liens of rec‑ord, if any, and ordinances of the city, town or village in which said premises lie, to leases, tenancies and occupancies, and to other charges and liens with pri‑ority over plaintiff’s mort‑gage. Matthew D. Nafus, Esq., Referee Judgment Amount: $129,402.02 Richard S. Mullen, Esq. Woods Oviatt Gilman LLP Plaintiff’s Attorney 700 Crossroads Building, 2 State St. Rochester, New York 14614 Tel: 585.987.2800 4573111348454 6/2/17

NOTICE OF SALE

IN FORECLOSURE STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE WELLS FARGO BANK, NA, Plaintiff, v. PHOUVANH VISOURY, De‑fendants. PLEASE TAKE NOTICE THAT In pursu‑ance of a Judgment of Foreclosure and Sale en‑tered in the office of the County Clerk of Monroe County on April 25, 2017, I, the Referee named in said Judgment, will sell in one parcel at public auction on July 6, 2017 at the Foreclosure Auction Area of the Monroe County Courthouse, Hall of Justice, Lower Level Atrium, 99 Exchange Boulevard, Rochester, County of Monroe, State of New York, at 11:00 A.M., the premises described as follows: 338 E Henrietta Road Rochester, NY 14620 SBL No.: 136.78‑2‑5 ALL THAT TRACT OR PARCEL OF LAND situate in the City of Rochester, County of Monroe and State of New York The premises are sold subject to the provi‑

sions of the filed judgment, Index No. 2016‑1714, any state of facts an accurate survey and inspection of the premises may disclose, to covenants, restrictions and easements, if any, to assessments or water charges not a lien upon the property, to violations, zoning regulations, prior liens of record, if any, and ordinances of the city, town or village in which said premises lie, to leases, tenancies and occupancies, and to other charges and liens with pri‑ority over plaintiff’s mort‑gage. Mitchell A. Chait, Esq., Referee Judgment Amount: $56,259.81 Rich‑ard S. Mullen, Esq. Woods Oviatt Gilman LLP Plain‑tiff’s Attorney 700 Cross‑roads Building, 2 State St. Rochester, New York 14614 Tel: 585.987.2800 4609111348459 6/2/17

NOTICE OF SALE

IN FORECLOSURE STATE OF NEW YORK SUPREME COURT COUNTY OF MON‑ROE WELLS FARGO BANK, NA, Plaintiff, v. DI‑ANE E. MCCLENDON, et al., Defendants. PLEASE TAKE NOTICE THAT In pursuance of a Judgment of Foreclosure and Sale en‑tered in the office of the County Clerk of Monroe County on February 15, 2017, I, the Referee named in said Judgment, will sell in one parcel at public auction on June 20, 2017 at the Foreclosure Auction Area, Hall of Justice, Lower Level Atrium, 99 Ex‑change Boulevard, Roches‑ter, County of Monroe, State of New York, at 10:00 A.M., the premises de‑

scribed as follows: 312 Squiredale Lane Rochester, NY 14612 SBL No.: 045.01‑7‑14 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Greece, County of Monroe and State of New York The premises are sold subject to the provisions of the filed judgment, Index No. 16‑6758, any state of facts an accurate survey and inspection of the premises may disclose, to covenants, restrictions and easements, if any, to as‑sessments or water charges not a lien upon the property, to violations, zoning regulations, prior liens of record, if any, and ordinances of the city, town or village in which said premises lie, to leases, tenancies and occupancies, and to other charges and liens with pri‑ority over plaintiff’s mort‑gage. Sandra Volta, Esq., Referee Judgment Amount: $122,039.79 Richard S. Mullen, Esq. Woods Oviatt Gilman LLP Plaintiff’s At‑torney 700 Crossroads Building, 2 State St. Roch‑ester, New York 14614 Tel: 585.987.2800 4572711337675 5/19/17

NOTICE OF SALE

IN FORECLOSURE STATE OF NEW YORK SUPREME COURT COUNTY OF MON‑ROE BAYVIEW LOAN SERVICING, LLC, Plaintiff, v. RICHARD E. ROACH A/K/A RICHARD ROACH, et al., Defendants. PLEASE TAKE NOTICE THAT In pursuance of a Judgment of Foreclosure and Sale en‑tered in the office of the County Clerk of Monroe County on April 11, 2017, I, the Referee named in

said Judgment, will sell in one parcel at public auction on June 19, 2017 at the Foreclosure Auction Area, Hall of Justice, Lower Level Atrium, 99 Ex‑change Boulevard, Roches‑ter, County of Monroe, State of New York, at 9:30 A.M., the premises de‑scribed as follows: 269 Clairmount St Rochester, NY 14621 SBL No.: 091.84‑1‑39 ALL THAT TRACT OR PARCEL OF LAND situate in the City of Rochester, County of Mon‑roe, and the State of New York The premises are sold subject to the provisions of the filed judgment, Index No. 2016‑8859, any state of facts an accurate survey and inspection of the premises may disclose, to covenants, restrictions and easements, if any, to as‑sessments or water charges not a lien upon the property, to violations, zoning regulations, prior liens of record, if any, and ordinances of the city, town or village in which said premises lie, to leases, tenancies and occupan‑cies, and to other charges and liens with priority over plaintiff’s mortgage. John C. Palermo, Esq., Referee Judgment Amount: $59,302.16 Richard S. Mullen, Esq. Woods Oviatt Gilman LLP Plaintiff’s At‑torney 700 Crossroads Building, 2 State St. Roch‑ester, New York 14614 Tel: 585.987.2800 4596011340994 5/19/17

“It gives us an advantage of getting smart on the issues that we need to be smart on, being experienced and hav-ing good credentials because all of the partners have been out (in the commu-nity) for more than 20 years.”

As Leclair Korona approaches its 10th birthday in November, the awards keep coming. Each partner — including Cole himself — earned Best Lawyers in America awards for their expertise, and young associates Stacey Trien and Robert Yawman have also been hon-ored for their work

Laurie Vahey works in insurance and personal injury, Paul Leclair focuses on construction and toxic tort litiga-tion, and Mary Jo Korona’s area is mat-ters related to schools and universities along with tax assessments.

“It provides two advantages to us—we feel confident in the areas that we’re practicing in, and it’s nice for referrals from attorneys that practice in other areas,” he notes. “We encourage part-ners and associates to find a niche that they really enjoy, want to become an authority in and pursue it.”

As for Cole’s own focus, he works in intellectual property and trade se-cret disputes.

“The commonality in those is that they relate to business, money and numbers. I kind of geek out about the financial services industry. I understand what a U-5 is, I know what an ADV is. If you talk to 99 percent of the lawyers in Rochester, they’d have to look some of those terms up.

“I’ve just dealt with them regularly

over the last 15 to 20 years, and feel very comfortable understanding what the problem is, hopefully advising and representing a client to (help) solve those kinds of problems.”

He was very busy in 2016, as the amount of cases he presented in front of state Supreme Court Justice Matthew Rosenbaum led the longtime Commer-cial Division judge to joke that Cole was his “number one customer.”

After graduating from American Uni-versity with a juris doctorate degree in law in 1988, the Rochester native worked with the Department of Labor before spending five and a half years working in Washington as a trial attor-ney for the Justice Department.

From there, Cole came home to join what was then Wolford and Associates in 1995, and eventually moved with Paul Leclair to help found Leclair Ko-rona in 2007.

Adjusting from federal cases to local ones wasn’t easy, he notes.

“My first case in Rochester was a small-claims matter for Rochester Tele-phone,” he says. “The transition was to develop your own practice or to repre-sent the people that were there.”

Cole makes sure to represent local residents through his work with low-wage workers, having helped Mon-roe Volunteer Legal Services for eight years and serving as the outgoing presi-dent of the board at the Worker Justice Center of New York.

“The rewarding part is being able to help people, whether it’s a business or an individual—that’s the goal at the end of the day.”

Jim Barg is a Rochester-area free-lance writer.

COLEContinued from page 1

Provided PhotoSteven Cole is managing partner at Leclair Korona Vahey Cole LLC.


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JUNE 9, 2017


Eighteen years agoEastman Kodak Co.’s board of direc-

tors announced that it would elect Daniel Carp as CEO, effective Jan. 1, 2000. Carp would retain his positions as president and chief operating officer. CEO George Fisher would continue as chairman until Janu-ary 2001.

Carp had been considered the likely next CEO since being named president and chief operating officer in 1997. But the timing of the move surprised many analysts. Fish-er had indicated as recently as the previ-ous month that he still had work to do to achieve his goals at Kodak.

In announcing the move, Fisher said no one is better qualified to lead Kodak into the next millennium.

Twelve years agoBausch & Lomb Inc. announced it would

invest $35 million and add 200 jobs over the next two years, nearly doubling the size of its North Goodman Street research and development center.

The project included $25 million for new construction and $10 million for renova-tions, equipment and machinery. Bausch & Lomb expected to break ground in July and complete construction by 2007.

The new, two-story, 75,000-square-foot glass-and-brick wing was to house labora-tories and offices and allow room for a fu-ture 25,000-square-foot addition, company officials said.

LeChase Construction Services LLC was the general contractor on the project.

Ontario County airgun and archery manufacturer Crosman Corp. has agreed to be acquired by Compass Diversified Holdings LLC, a Connecticut firm.

The agreement for the $152 million deal was completed June 2, the compa-nies said Monday.

Crosman employs nearly 250 people at its Bloomfield facility. The privately owned local company reported net rev-enue of roughly $118 million over the 12-month period ending April 30.

“Crosman is a market leader with iconic brands, and we are pleased to add the company to our family of niche-leading businesses with this accretive acquisition,” CODI CEO Alan Offen-berg said in a statement.

CODI, a publicly traded firm, pre-

viously owned a majority stake in Crosman and divested the business in 2007. CODI’s eq-uity ownership in Crosman as a re-sult of this trans-action is rough-ly 98.9 percent. Crosman’s man-a g e m e n t t e a m invested in the t r ansac t ion as well.

Separately, Crosman announced the promotion of Robert Beckwith to CEO. Beckwith joined the organization in 1999 and most recently served as chief financial officer.

—Velvet Spicer 6.6.17

Victor-based Community Real Estate Group has merged with Nothnagle Re-altors, officials announced last week.

“Aligning with Nothnagle and How-ard Hanna was a simple decision to make,” said Kevin Esparza, managing broker and owner of Community Re-al Estate Group, in a statement. “My company has always strived to provide superior customer service to our cli-ents, and now with the Nothnagle and Howard Hanna tools available, we will

deliver an overall real estate experience for our clients that is unsurpassed.”

The merger expands the reach of both firms, said Armand D’Alfonso, presi-dent of Nothnagle Realtors. Nothnagle is a Howard Hanna company.

“Kevin has built a great team of agents in that office, and I have no doubt that with his support and ex-perience, the office will continue to grow,” D’Alfonso said.

Community Real Estate Group’s

team will keep working out of its of-fice at 10 E. Main St. in Victor, Ontar-io County, the company said. With the merger, the company’s reach grows to more than 80 locations throughout the state.

With 981 full-time local agents, Nothnagle Realtors ranked No. 1 on the most recent Rochester Business Journal list of residential real estate firms.

—Kerry Feltner 6.1.17

Community Real Estate Group merges with Nothnagle

Venture Jobs effort lands $100K grant

The Venture Jobs Foundation last week announced it has received a $100,000 grant from JPMorgan Chase & Co. to establish the VJF Jobs Kitchen program.

VJF Jobs Kitchen provides entrepreneurs with professional and educational resourc-es to accelerate their business plans to the point of qualifying for capital. In return, companies bring low- and middle-skills jobs to workers in challenged neighbor-hoods.

VJF makes impact investments to fund small businesses that create jobs in impov-erished neighborhoods. The program was announced at VJF’s annual Rochester Pros-perity Conference.

—RBJ Staff 6.2.17

Crosman acquired by Conn. company

Coverage to remainGov. Andrew Cuomo announced emer-gency regulations signaling that health insurance coverage would continue as New Yorkers have known it for the last several years. Touted as the first of their kind in the nation, the actions would mandate that health insurers sell policies to New Yorkers regardless of pre-existing medical conditions, age or gender.

—Albany Times Union

States form allianceThe governors of New York, California and Washington announced creation of the United States Climate Alliance, vowing to continue state policies to reduce carbon emissions to deal with climate change after President Trump removed the U.S. from the Paris Agree-ment.

—The Buffalo News

N.Y. growing olderNew York’s population fell by 50,000 last year to 19.75 million, even as the number of its older residents increased as part of a national trend, census data reveals. The state has the fourth-oldest population in the nation, with 3.7 mil-lion people age 60 and over.

—New York Post

First in region

UR Medicine has a new Outpatient Imaging Center, the first outpatient interventional radiology clinic for the Finger Lakes region, officials announced Tuesday.

The facility is a 90,000-square-feet, three-story building on East River Road. It includes a dedicated interventional radiology clinic to expand the use of minimally invasive, image-guided procedures to diagnose and treat diseases, officials said.

“This new building dramatically changes the way we deliver leading-edge care using advanced technology to people who travel near and far for UR Medicine exper-

tise,” said Mark Taubman M.D., CEO of the University of Rochester Medical Center and UR Medicine.

The building has private check-in areas, personal chang-ing rooms with secure lockers and a new patient tracking system to minimize delays, UR Medicine said.

“Our patients will find this new facility provides unprec-edented comfort and privacy. We are confident that when people come here for care, they will see the attention to detail that has gone into ensuring a positive experience,” said David Waldman M.D., chairman of imaging sciences.

—Kerry Feltner 6.6.17

JUNE 9, 2017


By COLLEEN WEGMAN

Editor’s note: Wegmans Food Markets Inc. CEO Colleen Wegman last month gave the keynote ad-dress to the St. John Fisher College Class of 2017. Her speech, lightly edited for the differ-ent audience, is below.

Thank you for the incredible honor of being part of this special celebration. What an exciting milestone in life, to be graduating from this admired institu-tion… As I planned for what I’d share with you today, I thought about lessons I’ve learned from our family business, and hopefully some of what I’ve learned in my journey can be useful to you as you make choices in your own life.

I tried to boil it down to a few key ideals and principles.

The first is most important, and something my grandfather instilled in our family, and in our com-pany.

When he was a young boy, growing up in Catho-lic school, he was taught that there was only one thing important in life, and that was to get to heav-en. He asked the nun, well, how do you get to heaven?

The nun replied: Always help others. If you do that, you’re on your way!

That became his guiding principle, and also be-came our favorite quote from my grandfather. In fact, helping others has become both our family mission and our company mission. My hope every day is that we are making a difference by helping others.

And, I know, that this ideal is not foreign to any of you.

The second principle stems from following your heart, and doing what you believe is right, every day. If you can, do what you love. It will always bring out the best in you. It sometimes takes some trial and error to get there; however, if you pursue being great at something you love, you have the best chance for happiness, and therefore success.

What’s fun for us, being a family company, is that the things we believe in for our family, help us run a successful business as well. And I’ll share just a couple stories as examples.

The first story is from when I was your age. I

attended college in Colorado, where there was a significant presence of a culture of health—all fac-ets of health, environmental, social and physical. I became immersed in all of it and formed a belief about the role that food can play in each one of

these areas. My dad challenged me at the time to bring that philosophy back to We-gmans and share it with our customers.

I believed there was a benefit to bring-ing more natural foods into our stores. This was when our Nature’s Marketplace department, and Wegmans food-you-feel-good-about brand, was born.

My dad’s advice to me at the time was, lead with your heart, do what you believe is right, and things will work out. The culture of our company continues to be:

begin with a belief and a passion for something, apply high standards, and then take measured risk to bring it to fruition.

I must admit, we had many questions about whether a natural foods department would work 25 years ago. However, these products and philos-ophies are playing a significant role at Wegmans today, and are a key part of our mission to help people live healthier, better lives through food.

The third principle is to listen, and to take ac-tion on what you learn. I was coming in with a pas-sion and a belief about the way things should be. However, I had a lot to learn about the way things actually got done at Wegmans. I had to listen and learn from everyone around me. Jack DePeters, our senior vice president of operations, and the chair-elect of St. John Fisher, called it “using your resources.” He taught me that it’s not important to have all the answers yourself. However, it is important to involve others to come up with the best answers, and it becomes more enjoyable for everyone along the way.

The fourth example, is back to following your heart, and doing what you believe is right. Even when it may not look so good short term, it usually pays off in the long run.

With our mission of helping people live healthi-er, better lives, we felt uncomfortable selling cig-arettes as we did so profitably many years ago now. In the year 2008, when you were just be-coming teenagers, we decided to eliminate them

Colleen Wegman: Key principles for business and life

Climate change fight enduresIt is difficult to claim President Donald Trump’s

decision last week to withdraw the United States from the Paris accord on climate change will nec-essarily have a negative long-term effect on the environment.

First, members of the agreement must wait three years before they are eligible to withdraw, which means Trump’s first term will be nearly over by the time the withdrawal takes place. If Trump doesn’t win a second term, the next president could rejoin the accord in as little as 30 days.

Trump also has said he is open to rejoining the accord if the United States can secure better terms, so it’s possible—maybe even likely—that the country’s actual absence from the accord will end up being very short.

Second, the accord was non-binding, meaning the U.S. doesn’t have to withdraw to avoid meet-ing its obligations—a pledge to cut its greenhouse gas emissions 26 to 28 percent below 2005 lev-els by 2025 and commit up to $3 billion in aid for poorer countries by 2020.

Some have argued it will be better for the accord in the long run if the United States withdraws than if we remain a member and simply ignore our ob-ligations.

Still, the decision was yet another sign the Trump administration is dismissive of science and uninterested in America’s role as a leader on the global stage.

Fortunately, the reaction to Trump’s announce-ment has been encouraging. A clear majority of Americans disagrees with the decision to with-draw. More important, business leaders, companies and local and state governments have lined up to pledge that the United States will meet its obliga-tions even without Trump’s approval.

If the U.S. is going to do its part to fight the real threat of climate change, Trump’s decision must be viewed not as permission to relax environmentally friendly practices but as a challenge to do more to protect the planet for future generations.

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JUNE 9, 2017


COMMENTS:

President Trump has a single-minded-ness about his decisions, and they don’t reflect an informed, intelligent confor-mity. Going against science and his own daughter’s recommendation, he prefers to be seen as a maverick and one who rel-ishes a Don Quixote persona.

—Tom Sargent, Rochester

I agree 100 percent that we should drop out for economic issues. Both Russia and China are members and don’t pay a dime and China is one of the worst climate of-fenders in the world. Everyone should pay their fair share. The U.S. is leading the way in curing many of the ills of our en-vironment. Solar and wind and hydro in lieu of coal. An aircraft carrier can oper-ate on nuclear power for 30 years until needing recharging. We recycle, we turn waste into methane, we’re way ahead and going strong.

—Daniel Mossien, architect

The Paris Climate agreement had no real teeth because Obama couldn’t get the Senate support as a treaty. This is a good thing. Under the agreement the U.S. still would have borne most of the negative economic consequences of all the par-ticipants. The U.S. should maximize our great wealth in gas, oil and coal reserves by reducing burdensome regulations. This would unleash the economy in a phenom-enal way. At the same time continue to develop hydropower and nuclear because they are proven efficient energy sources. Solar and wind energy sources will fully develop in time. However, subsidies and tax credits should be removed from solar and wind energy sources because it’s a drain on our state and federal tax revenue. Their time will eventually come.

—John Rynne

I am also in total disagreement with

Mayor Lovely’s signing on to this inef-fective Paris Agreement for the City of Rochester. It would be nice if the voters had a say in whether or not to jump in and support the agreement, but as usual the Democrats have made this PC deci-sion based on their view that they know what is better for us without asking! I am wondering if she and the governor have made any plans to support the agreement with a financial contribution to the other countries who support it.

—Dave Coriale, Webster

The Paris climate agreement is based on sound science. As such, it is impera-tive that the United States implement and follow sound policies that protect the en-vironment in which we live and work. To do otherwise is sheer folly and will result in significant harm to current and future generations. Given the importance of this issue we must stand together to protect our environment wherever that struggle takes us. God Bless America!

—Doug Flood

It will take a generation to recover from the Obama decisions. We might as well start now.

—Jerry McCabe, Irondequoit

We have one Earth. The air we all breathe must be protected. The water we all drink must be protected. This should be a “non-negotiable.” We should not be compromising the essence of life for a buck.

—Jennifer Apetz

It’s a great win for our country now that 13 (and counting) states are cooperating to fight climate change with the Unites States Climate Alliance. Despite the reck-less and ignorant actions of our president we now have an opportunity to show the world that, in the words of French presi-dent Macron, we will “make our planet

great again.”—Joanne Greene-Blose

The Paris agreement is non-binding. We should have a seat at the table. I believe it’s foolish to let China take the lead with-out even putting up an argument!

—David Rubin

This is one of the Obama capitulations that made absolutely no sense. America, you stop polluting the atmosphere now while the rest of the world agrees that at some time in the future it might also stop. Also, the economics work so badly against the U.S. and give a leg up to polluting countries.

—Jerry McHale

In the same way that a smoking sec-tion in an airplane is now seen as futile and ridiculous, our country’s impact on climate can’t be separated from anyone else’s impact. The president’s insistence that removing the U.S. from the global ef-forts to combat the disastrous effect that carbon emissions have on the climate is somehow a “reassertion of America’s sov-ereignty” is simply absurd.

—Christine Corrado

I don’t know whether I am living through a presidency or an Ozzy Os-bourne/Black Sabbath tour. We’re going off the rails on a crazy train.

—Greg Reynolds, East Rochester

Science over dangerous populist poli-tics.

—Sergio Ruffolo, JR Language Translation Services Inc.

The Paris agreement was as much about the economy as it was about the climate. The president has chosen to cling to the past on both topics. Sad.

—Wayne Donner, Rush

For more comments, go to rbj.net. To participate in the weekly RBJ Snap Poll, sign up for the Daily Report at rbj.net/e-newsletters.

Majority opposes Trump move on pactMore than 60 percent of respondents back Gov. Cuomo’s climate move

President Donald Trump last week decided to remove America from the Paris climate agreement. Trump framed his decision as “a reassertion of America’s sovereignty.” The U.S. could try to re-enter the deal under more favor-able terms or work to establish “an entirely new transac-tion,” he said.

Supporters of the decision say the move would save U.S. jobs and billions in payments and unburden industry. Opponents say the move endangers the planet and threat-ens coastal areas. They also contend the nation will lose out on jobs that could be created in green technology and give an edge to China as a result.

Since Trump’s decision, some companies, including General Motors Corp. this week, have said they would move to cut emissions.

In addition, the governors of California, New York and Washington started the United States Climate Alliance. Nine additional states have joined the alliance, commit-ting to meet the goals of the Paris climate agreement.

This week’s RBJ Snap Poll asked readers their views on Trump’s decision and the decision by Gov. Andrew Cuomo to commit New York to meeting the goals of the Paris climate agreement. The majority of respondents opposes Trump’s decision and an even bigger majority supports Cuomo’s effort.

The Paris accord dates to Dec. 12, 2015. Officials from 196 nations made the pact to adopt green energy sources, cut down on climate change emissions and limit the rise of global temperatures. It took effect Nov. 4, 2016. The

agreement aims to keep the planet from warming by more than 1.5 degrees Celsius above preindustrial levels.

More than 800 participated in this week’s poll, which was conducted June 6 and 7.

from our mix and put all our effort into smoking cessation programs for our people. The short-term impact to profit was significant, however, the long-term loyalty impact from both our people, and our customers, ended up being even more significant.

The last example I’ll share is from 2001, when my father was asked to give a talk similar to this, and he wanted to talk about what was most important to our company.

This was the first time he docu-mented the values that define who we are at Wegmans. We believe this is one of the most important things we have done to achieve the award of be-ing the best place to work in America.

Writing down what we believed in, and what we wanted to focus on, al-lowed us to get even better at execut-ing on them. We believe this applies to anything you want to accomplish in life. Write down what is most im-portant to you, and write a plan to achieve it, and you will have a much better chance of actually making it happen.

We believe this is important for two reasons: it allows you to share it, and it helps you to accomplish it, because it becomes what you think about more often.

With the mission at St. John Fisher of goodness, discipline, and knowl-edge, you have been focused and trained in these areas to strengthen what you already believed in when you chose to pursue a degree from St. John Fisher. As you face challenges in life, remember your own guiding principles. We believe if you lead with your heart, continue to do what you believe is right, every day, it will lead you to great places.

Caring is the first value for us—as goodness is for you. High standards is second for us, and happens to em-body your other two, discipline and knowledge.

You all have had a meaningful ex-perience already in life. I’d encourage you to define your own personal val-ues and be cognizant of them in your journey of life. No matter what you do, think of your degree as a tool to help you and to help others. What we have found to be true at Wegmans is that the more we help others, the more we actually help ourselves.

We hope for you, as commencement suggests, that you will go forward to-day, and make a difference— whether its big or small—we all have what it takes to do this—especially now with your degree.

So, how will you make a differ-ence? With your experiences, I bet you already do! I’m looking out at a bright future with all of you, and we’ll look forward to watching how you shape it!

Thank you for having me here to-day. Congratulations!

Colleen Wegman is president and CEO of Wegmans Food Markets Inc.

Do you agree or disagree with the United States’ decision to stay out of the Paris climate agreement?

Disagree 58% Agree 42%Do you agree or disagree with Gov. Andrew Cuomo’s decision to commit New York to meeting the goals of the Paris climate agreement?

AGREE 63% DISAGREE 37%

Key principles for business and life

Continued from previous page


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