Democrat and Chronicle from Rochester, New York • Page 2

In Business An experimental business division of state Supreme Court will debut in Rochester and Manhattan. 8B. SECTION DEATHS 2B SUBURBS 3B 3B CLOSE TO HOME 7B STOCKS 8B BUSINESS TUESDAY, OCTOBER 10, 1995 Democrat anft (ThronirU ROCHESTER, NEW YORK c3 agaioiisfi ex-poHnc cEiSf Storage dliroppe al-Riac Prosecutorial misconduct ruling clears Holley man By ALAN MORRELL STAFF WRITER ay policy CLARENDON Criminal charges have been dropped against on violenc former Holley Police Chief Lewis Passarell in connection with an alleged assault at a carnival last year. But the special prosecutor as signed to the case said he is considering whether to appeal. alleged incident He now works as a truck driver, Calandra said.

Passarell's case was moved from Murray to Clarendon because his brother, Gary Passarell, is a town justice in Murray. Police investigators have played down any link between the carnival incident and the subsequent bombing of the house of Holley Mayor Leslie "Bud" Passino. The bombing, in which no one was hurt, occurred shortly after Holley began investigating the carnival incident Calandra and lawyers who represented Steffen and McAllister said police prosecuted their clients in an attempt to link Passarell to the bombing. Police have denied those accusations Town Justice Roger Maxon cited "witch hunt" that was tainted by a "disturbing" lack of investigation. Lavender also said Winter acted improperly in subpoenaing the internal report.

Maxon ruled that Winter had no authority to subpoena the report conducted by a private investigator because no grand jury was seated in Orleans or Niagara counties at the time. Niagara County District Attorney Matthew Murphy said he probably would appeal Maxon's decision. "I don't agree with his reasoning, or his analysis of the facts," Murphy said. "Well see whether another judge agrees with Judge Maxon." Maxon also disputed Winter's claims that he never received the subpoenaed report, as Winter testified in court. Maxon said telephone records indicated the report had been faxed to Winter's office.

That probably was the case, Murphy said, but he doesn't think Winter saw it. "I don't pretend to be an expert on faxes, but it seems plausible that it was faxed to this office, but (Winter) didn't receive it," Murphy said. "It might have gotten lost in the paperwork." PassarelL of Valley View Circle in Holley, resigned shortly after the Holley. "You've got two different judges talking about misconduct," said Passarell's lawyer, Thomas Calan-dra of Brockport. "This just goes to show the kind of length they've tried to go, to smear Passarell.

This is a smear campaign." Two months ago, Murray Town Justice Richard Lavender dismissed all charges against ex-Holley officers Adam McAllister and Dennis Steffen. They and Passarell had been charged in connection with the assault of a Brockport man at a firefighters' carnival in June 1994. Lavender called the investigation against McAllister and Steffen a prosecutorial misconduct in drop District takes action after first incident ping menacing and harassment charges against Passarell. Maxon said Ronald Winter, a special prosecutor from the Niagara County District, Attorney office, improperly subpoenaed a report of an investigation into the alleged incident conducted by the village of GOP shuns pay hike suggested by panel Democrats decry 'grandstanding' Funeral for Livonia teen-ager pays tribute S.T, i By DORIS WOLF STAFF WRITER PALMYRA Two years ago, after Bonnie Santmyer's son was brutally beaten by a fellow student, Palmyra-Macedon school district officials looked at increasing violence in their schools and said, 'No The district adopted a policy of zero tolerance for violence that applied to students in kindergarten through grade 12. It called for a five-day in-school suspension for the first violation and removal from school for a second violation.

Student face a superintendent's hearing and possible suspension or expulsion for a third violation. And the district enforced the policy, suspending a middle school student for hitting a classmate before lunch on the first day of school in 1993. Now in its third year, the policy has been effective, parents and teachers say. Superintendent James Tobin said the policy has had a positive, if unspectacular, effect. Incidents of violence are down 7.7 percent, from 65 in 1993-94 to 60 in 1994-95, and the number of students involved is down 4 percent, from 76 the first ZERO, PAGE 2B il i' to spirit of slain girl By ALAN MORRELL STAFF WRITER By MICHAEL CAPUTO STAFF WRITER LIMA Danielle Banach's family and friends honored her life the way she celebrated it through dance.

Republicans on the Monroe County Legislature will refuse a pay raise, bucking the recommendation of 1 ft mmi they appointed to 1 settle on salaries ti, v' About 400 people attended a funeral at the Elim Gospel Church yesterday for the 17-year-old girl, who was found strangled in her bedroom Thursday. Pastor Michael Cavanaugh spoke of Banach's involvement with the Dance Emporium studio in Avon, where she was an instructor. Banach "If Danielle was here, her message would not Zero Tolerance Chart shows number of students involved in violent incidents in grades kindergarten through 12 from 1993 through 1995. mm 993 1 994 mm 1994 1 995 be through words, but through dance," Cavanaugh said. "I think she would dance a dance of worship, a dance of comfort, a dance of 20 Banach.

of 30 Old Meadow Court, Livonia, was found slain in her bedroom Thursday morn A 0 4 8 12 16 Grades 2 EL 7 5 rpm 6 53 8 Sj-p 9 SSSf! 1 10 HpiS 12 iL BOCES I 1 for elected officials. GOP Majority Leader A. Michael Hanna, R-Perinton, said it would be inappropriate to take any pay hike during times of fiscal restraint He will submit a special resolution during tonight's county legislative meeting to vote on a resolution that would freeze the salaries at $18,000. That salary hasn't changed during the 1990s. Late last month, the Compensation Policy Commission a citizens' group appointed by the legislature to recommend 1996 salaries for elected officials decided to give all 29 lawmakers a $1,000 base pay raise and a bonus raise for the legislative president Democratic Minority Leader Kevin B.

Murray, D-Rochester, called yesterday's press conference and the last-minute resolution "grandstanding" before the election. "It's interesting that the Republicans put together a committee then turn around and reject the recommendation," said Murray, who added that the Democrats never expected any kind of raise. Hanna scoffed at the idea of this being a political move. "We didn't have (the commission's) findings until last week," said Hanna. Despite the committee's recommendation that the county executive's pay be raised to $100,000, it's expected that County Executive John D.

Doyle's budget today will keep his salary at the current $86,468. But the county legislature could amend that at any time. "I can't believe any of us would want to go against (Doyle's) wishes," said Murray. Doyle's opponent, Democrat Eugene Welch, said he would also refuse a pay raise if elected. 20 ing.

The girl, a senior at Livonia High School, lived with her father and younger brother. No arrests have been made. Sheriff John York did not return phone calls yesterday. He has said police were conducting an around-the-clock investigation. York has declined to say if police had any suspects in the case.

The sheriff has acknowledged that police recovered "significant evidence" relating to Danielle's death in a field near her home, but he has not specified what the evidence is. The ceremony opened with a dance performance by Melissa Fortunato, a family friend who also has taught dance classes. During the funeral, Banach's father spoke publicly for the first time since his daughter's death. Fighting back tears, Donald Banach thanked the crowd for its love and support and encouraged his daughter's classmates and friends to let her death serve a purpose. "Let's join together as a community, as friends and neighbors, for what Danielle meant to us," he said.

A family friend read letters from Banach's mother and grandmother. Seven of the teenager's friends recited a poem, sobbing as they walked off the platform. Some of Banach's classmates at Livonia High School were in tears as they filed out after the service and many clutched carnations. Three youths walked to the front of the church on their way out and left red roses on the platform. Cavanaugh told the students not to lose hope in light of what he called an "incredible" series of "Number of incidences BRYAN WITTMAN stiff artist 'P Call-in will focus on breast cancer JAMIE GERMANO staff photographer Tribute to a friend Melissa Fortunato dances yesterday during the funeral of Danielle Banach, a Livonia teen-ager found strangled in her home last week.

Banach taught dance. tragedies that have plagued this community. "Honor those who have gone before you," Banach was the fifth student in the Livonia class Cavanaugh said. "God has a plan for you. Live of 1996 to die in the past five years.

whole-heartedly." By DIANA LOUISE CARTER STAFF WRITER Every year in America, more than 40,000 women die of breast cancer. Thousands more survive it, thanks to early detection and im-nrnvins treatment. Bast Fr Beerfidcl Wdls owners, home a As part of National Breast Can cer Awareness month, the Democrat and Chronicle and Times-Union are offering people a chance tn tret advice on breast cancer diag 1 i 'tk nosis, treatment and support. Our operates the complex. Each of the 70 Deerfield homes cost $82,500.

"The average Brighton home costs $119,000. Not a single one of these families could afford a $119,000 home or a $90,000 Ask The Experts call-in will be to nipht onlv from 7 D.m. to 9 p.m. To apply With 34 houses sold, there are 36. slots still open at Deerfield.

Houses are being built as mortgages are approved. Interested parties who fulfill the income requirements can call Caldwell Banker First American Real Estate at 248-0088 to apply. rhirin? those two hours onlv, callers can speak directly with the home," Villanueva said. "Hopefully other municipalities will want to followine Danel of experts: Dr. Marguerite Dvnski, a surgeon at Rochester General Hospital.

To reach her. call 716 258-2434. Dr. George Garrow, an oncologist at Genesee Hospital. To reach him, call (716) 258-2413.

Dr. Wende Logan-Young, a radio! First residents move into development By DONNA JACKEL STAFF WRITER Albina Melnichenko sits in her living room, proudly surveying the muted pink, wall-to-wall carpeting, the well-lit windows and freshly painted walls of her new Brighton home. The Ukrainian immigrant and her family husband Aleksander, mother, Gina, and daughter, Yelena were among the first to move into Deerfield Woods last week, an affordable housing complex located off South Clinton Avenue, near Loehmann's Plaza. Just four years ago, the Melni- chenkos lived in a small apartment in Kiev, the capital of Ukraine. "In Kiev, my husband and I worked for 25 years.

We had nothing; no house, no car," Melnichenko said. "When I come to America, nirist and founder of the Elizabeth Wende Breast Clinic. To reach her, The $7 million state-subsidized housing project is a joint venture between the Housing Partnership and Rural Opportunities. The New York State Affordable Housing Corp. is giving each homeowner a $25,000 grant A poor economy and growing anti-Semitism in their homeland prompted the Melnichenkos to emigrate to Rochester, where Albina's sister and her family had come 16 years before.

Like many immigrants, Melnichenko, who was a physical education teacher for 25 years, had to call (716) 258-2310. Dr. Carl F. Juene. a radiation on cologist at Highland Hospital.

To suburban, two-story home with three bedrooms and a detached garage. And their 13-year-old daughter attends the Brighton Central School district, nationally recognized for its academic excellence. Deerfield is the first suburban housing development in Monroe County aimed at first-time home-buyers who earn 80 percent or less of the median in the area or no more than $39,000 for a family of four said Juan Villanueva, president of the Greater Rochester Housing Partnership, a nonprofit Rochester agency that owns and reach him, call (716) 258-2536. Linda Weisbeck. a nurse at Gene see Hospital who counsels mostly rnnrer natients on the emotional ANNETTE LEIN staff photographer Moving in Albina Melnichenko, right, unloads her car yesterday at her family's new home in the Deerfield Woods housing project.

after seven months I have an old The Melnichenkos have car. Now I buy a house after four achieved, what for some, is the yerk" American dream: They now own a aspects of illness. To reach her, call (716) 258-2536. Some of the Danel's answers will start all over. She spent her first HOME, PAGE 2B be included in a later newspaper article..