batavia

There were no injuries in a two-car accident at 5:35 p.m. at East Avenue and Vine Street, Batavia. A State trooper happened to be in the neighborhood and rolled up on the accident right after it happened.

Press release:

The Holland Land Office Museum's Wonderland of Trees sponsored by Tompkins Bank of Castile will occur from Nov. 20th to Dec. 31st.

This year there will not be an opening night kickoff event. All the wonderful decorated trees can be viewed during the museum's normal business hours of Tuesday through Saturday 10 a.m. to 4 p.m.

Museum visitors will be limited to 25 at a time.

Masks and social distancing protocols are required.

A basket raffle will also take place until Dec. 18th when the winners will be drawn.

Musical concerts will be performed by the Genesee Symphony Orchestra on the evenings of Dec. 4, 11, and 18, with a limited audience of 12 Preregistration is required. The concerts will also be broadcast live for all to experience.

Normal museum admission rates will apply. For more information visit hollandlandoffice.com or call the museum at (585) 343-4727.

Carlton Burrows is indicted for the crime of reckless endangerment in the first degree, a Class D felony. It is alleged that on July 14 on Veterans Memorial Drive in the Town of Batavia that, with a depraved indifference to human life, Burrows recklessly engaged in conduct that created a grave risk of death to another person: driving a motor vehicle at a NYS Trooper. In count two, he is accused of second-degreee reckless endangerment, a Class A misdemeanor, for engaging in conduct that created a substantial risk of serious physical injury to another person: driving at a Batavia City Police patrol vehicle. In count three Burrows is accused of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on that day he knowingly possessed stolen property that exceeded $100 in value: a 2008 Chevrolet Impala. In count four, Burrows is accused of unlawfully fleeing a police office in a motor vehicle, 3rd, a Class A misdemeanor. It is alleged in count four that, knowing he had been directed to stop his vehicle by a police officer or a marked police vehicle with activated lights and/or sirens, he attempted to flee at speeds of 25 mph or more. In counts five and six, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for refusing to provide a DNA sample and fingerprints, respectively. In count seven, Burrows is accused of speeding for driving on Veterans Memorial Drive in excess of the maximum speed limit for that roadway.

Justin T. Gladney is indicted for the crime of first-degree rape, a class B violent felony. It is alleged that on June 2 or 3, in the City of Batavia that he engaged in sexual intercourse with a person by forcible compulsion. In count two, Gladney is accused of second-degree rape, a Class D violent felony. It is alleged that Gladney, being age 18 or more, engaged in sexual intercourse with a person age 15 or less on June 2 or 3 in the city. In count three, he is accused of possessing a sexual performance by a child, a Class E felony. It is alleged in count three that on June 6 he had in his possession content that included the performance of sexual conduct by a child less that 16 years old. In count four, Gladney is accused of the crime of endangering the welfare of a child, a Class A misdemeanor, for knowingly acting between June 2 and 6 in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old while in the City of Batavia.

Dillen A. Merrell is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 7 at 8:33 p.m. in the Town of Pavilion that Merrell drove a 2009 Chevrolet on Transit Road while he was intoxicated. In count two, he is accused of second-degree vehicular assault, a Class  E felony, for driving while intoxicated that evening and operating the vehicle in such a manner that caused serious physical injury to another person. In count three, Merrell is accused of misdemeanor reckless driving for driving that date in a manner which unreasonably interfered with the free and proper use of a public roadway. It is alleged in count three that Merrell, while impaired by alcohol, drove in the middle of Transit Road while impaired by alcohol, narrowly missing a collision with oncoming vehicles that were operating lawfully. In count four, Merrell is accused of refusing to submit to a breath test when asked to do so by a deputy, a violation of vehicle and traffic law. In count five, the defendant is accused of consuming or possessing alcoholic beverages in a motor vehicle, a violation of vehicle and traffic law. In count six, Merrell is accused of moving from lane unsafely, another VTL violation, that evening in Pavilion.

Robin S. Brooks is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on July 17 in the City of Batavia Brooks, acting with intent to cause serious physical injury to another person, caused such injury by means of a dangerous instrument -- a door. In count two, Brooks is accused of another account of first-degree assault, for committing the same crime by the same means -- a door -- on July 27 in the City of Batavia. In count three, Brooks is accused of second-degree assault, a Class D violent felony, for intentionally causing serious physical injury to a person on Sept. 1 in the City of Batavia. In a separate indictment, Brooks is accused of first-degree criminal nuisance, a Class E felony. It is alleged in the second indictment that between May 17 and June 30 while on Hutchins Place in the City of Batavia, that Brooks knowingly conducted or maintained a place where people came to engage in the unlawful sale of controlled substances and thereby derived the benefit of this conduct.

Andrew L. Kosiorek is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on June 17 that with intention to cause serious physical injury to a person, he did so by means of a dangerous instrument -- footwear. In count two, he is indicted for fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in count two that on that day he intentionally damaged property belonging to another person -- a surveillance camera on the first floot of a building on Highland Park in the City of Batavia.

Shane H. Zimblis is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on June 10 on Bank Street in the City of Batavia that Zimblis violated an order of protection by striking, shoving or otherwise subjecting a protected party to physical contact, or threatening to do so. In count two, Zimblis is accused of second-degree criminal contempt, a Class A misdemeanor, for violating an order of protection by sending electronic messages to the protected party. In count three, the defendant is accused of attempted robbery in the third degree, a Class E violent felony, for attempting to forcibly steal property from the protected party. In count four, Zimblis is accused of second-degree harassment. It is alleged in count four that on that same day on Bank Street, that Zimblis struck, shoved, kicked or otherwise subjected the same victim to physical contact.

Danielle R. Tooley is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged on in late February while on South Main Street in the City of Batavia that she knowingly possessed stolen property with the intention of benefitting herself -- a Syrchony credit card. In counts two and three, she is accused of the same crime for allegedly possessing a Citi Simplicity credit card and a Chase credit card, respectively. In counts five and six, Tooley is accused of the same crime for allegedly possession a Discover Business credit card and a Le Roy Sports Boosters debit card, respectively. In counts seven and eight, she is accused of the same crime for allegedly possessing two Five Star Bank credit cards. In count eight, she is accused of criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly possessing a purse and its contents that did not belong to her.

Judd A. Farewell Jr. is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on May 31 on Coe Avenue in the Village of Oakfield that Farewell stole property having a value exceeding $3,000 -- a 2020 Viper Red Can Am four-wheeler.

Leonard L. Henry is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Oct. 19 in the Town of Batavia that Henry stole property from Kohl's department store having a value in excess of $3,000: amounting to $3,945. In count two, District Attorney Lawrence Friedman accuses Henry of fifth-degree conspiracy, a Class A misdemeanor, for agreeing with one or more persons to engage in conduct that constituted a felony.

Laura M. Lashomb is indicted for the crime of driving while intoxicated as a Class E felony. On Feb.1 in the Town of Bergen it is alleged that Lashomb drove a 2014 Nissan on Interstate 490 while intoxicated. In count two, she is accused of DWI, per se, as a Class E felony, for having a BAC of .08 or more at the time. In count three, she is accused of moving from lane unsafely, a violation of vehicle and traffic law. In Special Information filed by District Attorney Lawrence Friedman, Lashomb is accused of having been convicted of DWI, as a misdemeanor, on July 11, 2013 in Buffalo City Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Richard A. Dekenipp is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on July 19 at the Genesee County Jail in the City of Batavia that he knowingly and unlawfully sold a narcotic drug -- suboxone. In count two, he is accused of promoting prison contraband in the second degree, a Class A misdemeanor, for allegedly knowingly and unlawfully introducing contraband -- suboxone -- into a detention facility.

      Michael Tomaszewski

Michael S. Tomaszewski, already facing multiple felony charges for allegedly misappropriating money from customers, has now officially been accused of mishandling the remains of an Army veteran in 2018.

Tomaszewski has been charged with offering a false instrument for filing and also of violation of Public Health Law 4200 for allegedly not burying a dead person's body within a reasonable period of time.

Peter Vandetta, a 20-year Army veteran, died in April 2018. Coroner Jeff McIntire fielded a complaint from the estranged stepdaughter of Vandetta in January 2019 about the whereabouts of Vandetta's remains.

The Sheriff's Office then became involved in the investigation.

It's alleged that Tomaszewski stored the body for 264 days at his facility on West Main Street, Batavia, from April 2018 to January 2019.

Tomaszewski also filed a death certificate indicating the body was buried at a specific cemetery on a specific date. It's alleged that information was not truthful. 

The Sheriff's Office said in a release today that Vandetta's remains did subsequently receive a proper burial.

Tomaszewski was issued an appearance ticket for both charges. He is scheduled to appear on the charges in Town of Batavia Court on Dec. 3 and Town of Oakfield Court on Dec. 7.

In June, Tomaszewski was arrested following a lengthy investigation into claims that he was using money paid to him for pre-arrangements for other purposes. He faces more than 100 criminal charges.

Tomaszewski and his company Acme Holdings are in the midst of federal bankruptcy proceedings and his former funeral home property and catering facility are for sale.

Previously:

• Local funeral director charged with stealing money from customers
• Fifteen new charges brought against funeral director Michael Tomaszewski
• Sheriff's Office looking into a report that Tomaszewski improperly handled stillborn baby's remains
• Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains
• People who think they were defrauded by Tomaszewski should hire an attorney with expertise in bankruptcy, advises law professor

Press releases from St. James Episcopal Church:

Due to COVID-19, the third annual Basket Raffle at St. James church is cancelled that was planned for this Friday (4 to 6 p.m.) and Saturday (10 a.m. to 2 p.m.).

However, the drive-thru Pie Sale/Pickup is still a go! To pick up or buy pies, enter between H.E. Turner & Co. funeral home (403 E. Main St.) and the church (405 E. Main St.). We will meet you at your vehicle.

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Also St. James Episcopal Community Women (ECW) is selling tickets for chicken BBQ dinners.

The meal includes a half chicken, coleslaw and potato. They are prepared by Alex's Place  -- and to be picked up by you -- at the Alex's Take Out, located at the side of the restaurant at 8322 Park Road in Batavia. What a great holiday gift!

Tickets are $11 and are valid for an order phoned into Alex's Place for nearly a year -- until Nov. 15, 2021.

For tickets, please call Carol at (585) 343-5177 or the church office (585) 343-6802, ext. 1.

Community Action of Orleans and Genesee in Batavia is holding a free coat giveaway until 2 p.m. at its location at 5073 Clinton Street Road. There are also canned vegetables and hats available.

In the first 90 minutes of the giveaway this morning, people picked up more than 100 coats.

Photo: Walt Almeter, Darlene Almeter and Ariana Green are ready to hand out more coats today.

Joseph Allan Dean, 37, of Stringham Drive, Batavia, was arrested by the Genesee County Local Drug Task Force and members of the Batavia Police Department on Nov. 6. A Genesee County Court indictment warrant was issued for his arrest. According to the warrant, he is charged with two counts of criminal sale of a controlled substance in the third degree, a Class B felony, and two counts of criminal possession of a controlled substance in the third degree, also a Class B felony. His arrest concluded an investigation into the transportation, sale and possession of cocaine in and around the City of Batavia. At the time of his arrest, Dean was allegedly found in possession of cocaine and other controlled substances. He was additionally charged with: criminal sale of a controlled substance in the third degree with intent to sell, a Class B felony; criminal possession of a controlled substance in the third degree; possession of a narcotic drug -- one half ounce or more, a Class B felony; criminal possession of a controlled substance with intent to sell, a Class D felony; and two counts of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Dean was arraigned in Genesee County Court and Batavia City Court and then released on his own recognizance. He is due back in court on Dec. 7. The Genesee County District Attorney's Office assisted in the investigation.

Kyle Douglas Clark, 30, of Fletcher Street, Tonawanda, is charged with second-degree harassment -- physical contact. At 1:30 a.m. on Nov. 15, Clark was arrested on Park Road in Batavia. It is alleged that Clark physically abused a staff member after an altercation at a hotel on Park Road. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 9. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Nicolas Chamoun.

Toby Matthew Cappotelli, 39, of Beadle Road, Brockport, is charge with: Felony driving while intoxicated; felony DWI with a BAC of .18 percent or more; moving from lane unsafely; aggravated unlicensed operation in the second degree; and open container of alcohol in a motor vehicle; and speed not reasonable and prudent. He was arrested at 4:42 p.m. on Nov. 16 on North Street Road, Le Roy, after an investigation into a single-vehicle accident. He was issued traffic tickets returnable to Le Roy Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. Andrew Hale.

Submitted image and press release:

The Genesee County Chamber of Commerce is pleased to announce the availability of a new Ellicott Trail Brochure Map.

“The Chamber has received numerous requests this year for a printed map of the new trail, so our office worked with Town of Batavia officials to make it available, in print and online, said Kelly Rapone of the Chamber. 

The 10-foot wide crushed stone multiuse recreational trail officially opened in July and has been created on 4.9 miles of old railroad beds, city streets, sidewalks, bike lanes and bridges.

The trail was a joint project involving the City of Batavia, the Town of Batavia and the New York State Department of Transportation and connects recreational, historical and residential areas and crosses the Tonawanda Creek.

“We are very happy with the public support that the trail has received,” said Town Councilman Chad Zambito. “I’ve heard many positive comments and our residents have really gotten out to take advantage of it.

"I’d like to personally thank all of those involved in its creation and thank the Chamber for promoting this community asset in a number of ways, including the website and new map.”

The brochure was designed by Matt Steinberg of Corfu’s Quackenstein Design and funded by area business sponsors, including Batavia Footcare Center, Bob Marchese, DDS, Licata Chiropractic & Wellness Center, Mancuso Commercial Realty and Tahoe Pines Wellness Center. 

Those interested in a printed brochure can pick up their free copy at the Chamber’s Visitor Center at 8276 Park Road, Batavia. The Visitor Center’s vestibule is open 24 hours for access to this and other area brochures.

It will also be available at the Town of Batavia office at 3833 W. Main Street Road, Batavia once it is reopened to the public. 

The brochure information is also available online at EllicottTrail.com.

Press release:

The Genesee County Health Department has received a positive COVID-19 test from an individual who was at The Harvester tavern in Batavia last week Nov. 8th through the 14th. Contact tracing is in progress; however unidentified individuals may have unknowingly been in contact with the positive case.

We advise all individuals who were at The Harvester anytime last week to monitor their symptoms for 14 days. If symptoms of COVID-19 develop, contact your primary care provider to seek testing immediately and self-isolate until you receive your test results.

Symptoms of COVID-19 include but are not limited to: fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea.

For more information please visit: https://coronavirus.health.ny.gov/home.

The Harvester is a tavern located at 105 Harvester Ave., Batavia.

Statement from Batavia PD:

We will be participating in the Buckle Up New York (BUNY) and Click it or Ticket (CIOT) annual traffic safety initiative Nov. 16-29th. A reminder to all our citizens, effective Nov. 1, New York State implemented a "Universal belt law." It is now ILLEGAL for ANY PERSON in a vehicle not to be wearing their seat belt while the vehicle is in motion.

Seat belts have been proven to be one of the best ways to save your life in a crash. Yet, many still don't buckle up. Worse still, not wearing a seat belt is a habit that will pass on to impressionable youth who, in turn, will think it is safe to not buckle up.

The Click It or Ticket campaign focuses on safety education, strong laws, and law enforcement support to save lives.
Stay safe this holiday season!

Christina Tresco shared this photo of a tree down in her backyard on Elmwood Avenue in Batavia after yesterday's windstorm.

         Marquise Lee

A Rochester man swept up in a drug bust on Liberty Street in March that led to the arrest of himself and four other people, along with the seizure of 56 bags of crack cocaine, avoided further jail time in his sentencing today in Genesee County Court.

Marquise Lee, 36, had been charged with criminal possession of a controlled substance third, a drug-dealing charge.

After his guilty plea over the summer, he was placed on interim probation. His success in that program, along with ongoing employment in his father's construction business, and his care for his children during their in-home studies during the coronavirus pandemic helped nudge Judge Charles Zambito toward a probationary sentence.

First Assistant District Attorney Kevin Finnell asked the judge to follow the Probation Department's recommendation and give Lee six months in the Genesee County jail.

The ongoing pandemic also seemed to factor into Zambito's decision.

"Quite honestly, I have to be careful about who I put in jail here these days," Zambito said. "It shouldn't sway the decision. It shouldn't be that way but I guess I'll give you the benefit of the doubt and give you a chance to prove you deserve probation. 

"I remember you told me before that you didn't sell drugs, that you were just there and you didn't know what was going on," Zambito added. "That doesn't make sense to me. You admitted it (when Lee pled guilty). I hope you are helping out with your wife and kids and doing whatever you can to lead a law-abiding life. You don't need to be in jail but we don't need you selling drugs."

Lee was adjudicated a second felony-offender because of a 2017 DWI conviction.

As part of his plea deal, Lee agreed to forfeit $659 in cash recovered at the crime scene. The money will go to the Sheriff's asset forfeiture fund. 

On his five-probation sentence, Lee was given credit for the seven months he served on interim probation. He also previously served 31 days in jail on the charge.

He was also ordered to have no communication with his codefendants, Angela R. Bateman, Nikki L. Stonebraker, Joseph T. Burr, Derek E. Wilcox.

"You're not to be around them," Zambito said. "They will only get you into trouble."

At the end of the sentencing, Zambito transferred Lee's case to the Monroe County Probation Department.

I would like to thank the Batavia community for their support and making me feel welcome as the new kid on the block. I have had representatives from local businesses stop in to welcome me, and numerous calls from community residents looking to use my services to help them with their insurance needs.

Thank you to The Batavian for the exposure, as many of those callers mentioned seeing my grand opening coverage on your website.

Thank you to the Genesee County Chamber of Commerce for the interviews and the ribbon cutting celebration, and to my clients, United Healthcare Manager, fellow UHC Agent, and my family for taking your time to be part of my exciting day.

Although I don’t currently have set office hours, I am ready and willing to help you navigate the often-confusing Medicare choices, or help you get started with Medicare as you become eligible.

I can help you decide which UnitedHealthcare Medicare Advantage plan is best for your needs, or, help guide you through the NYS of Health Marketplace options. Just three weeks left of Medicare Annual Enrollment!

Other offerings include life insurance, telemedicine plans, shared health (ministry) options, and AFLAC. 

Please feel free to contact me at (585) 409-1041 for an appointment, or stop by 212 E. Main St., suite #1, to say hi! I’m two doors down from The City Church, right between Brighton Securities and T.F. Brown’s driveway.

Owner Kathy Ferrara now expects to keep Batavia's Original closed through Thursday, opening again on Friday.

Ferrara said closing the extra days -- she originally anticipated closing only for a weekend -- is a matter of extra precaution.

Five employees tested positive for coronavirus, with all the cases contracted away from the workplace, and multiple employees were placed on mandatory quarantine.  That created an immediate staffing problem for Ferrara. 

She said in an email today that all employees who tested positive are recovering nicely and that the Health Department is conducting contact tracing.

Batavia's Original will reopen on Friday, she said.

From Marianne Skye, director and yoga teacher at Blue Pearl Yoga:

What’s a Little Free Pantry and Freege?

A place and a way for people to share what they have, and to take what they need with dignity, without income guidelines, and without judgement. Everyone is encouraged to give and take.

It is located at 180 Washington Ave. in the City of Batavia, open 24/7. And they are having a food drive!

How did it come to be?

A whole lot of coincidences in a row that added up to this! Interesting story. It started with the Blue Pearl Yogo Studio shutdown in March. Around the studio we call it practical magic, lol.

My friend Tom (of Ryan’s Rose Organic Farm) and I have been playing music and gardening for years.

I always thought it would be nice if I had the time to overplant the vegetable garden and find a food pantry to donate farm-to-table.

So with nothing to do in Spring, a football-field size garden was tilled up and planted. 

Not that I knew a little pantry to donate to yet. But empty bellies are everywhere.

Just when the veggies started coming. ... (Oh those zucchinis!)

I got a call from the sweetest lady on State Street about doing yoga at community event. We’ll call her Jenn, she tries to stay anonymous, good luck with that.   

And the conversation quickly turned to gardening (tree huggers and dirt worshipers are like that) and a little food pantry she started in her front yard, just to connect with her neighbors and lend a hand.

Jenn’s family member gave her the idea, she ran with it, and the veggies showed up right on schedule as did donations of nonperishable food from friends and neighbors.

Beacon of Hope Amid Growing Food Insecurity

You see, food insecurity has become an even bigger problem in this coronavirus pandemic. The idea for the Little Free Pantry and Freege is to be a beacon of hope in these trying times.

The Pantry operates with this philosophy in hopes, not only to fight food insecurity, but also help reduce food waste, sharing our resources wisely, as almost half the food in America goes to waste.

Then mid-growing season, I saw a piece on the news about “Community Refrigerators,” a way for people to share what they have, where everyone is encouraged to give and take.

Jenn was all for it; my neighbors Cindy and Mo on the Southside were all about it; and within a week they had a donated fridge for us and offered to move it. Then Sharon Kubiniec heard that the "Freege" needed a home (I think from Julie W. who coordinates the Community Closet at Robert Morris School.) and offered to give it a home.

More People Pitch In

Then the Just Kings showed up to build a structure around the fridge, and Brian from T-Shirts Etc. showed up to do some art work on the structure, Ashley from CASA, City Church, St Anthony’s, Sharon and Laurie of Schwab Farm are pitched in, so there you have it.

The Little Free Pantry and Community Freege is located to the side of dentist Michael A. Kubiniec’s office (180 Washington Ave.) and is accessible 24 hours a day, all year round. It is stocked with both fresh and frozen food including produce, meats and dairy items.

How do you like them apples? I love this city, it’s so full of neighborly love, and so full of folks who love to get together and have a blast lending a hand to their neighbors! 

I am over-wowed at the adventure and fun this has been and for the good things and good people that came together.

Take care, Marianne 

For any questions or to volunteer feel free to message the page @https://m.facebook.com/lfpbatavia/

Photos courtesy of Blue Pearl Yoga.

Press release:

The Batavia Business Improvement District Board of Directors regretfully announces cancellation of Christmas in the City and the Holiday Parade.

Due to the uncertainty of COVID-19, the need for social distancing, and our concern for the health of the community, vendors, volunteers and attendees, we have decided to cancel this event for 2020. 

We encourage our community to continue to shop small and support our small businesses that need us now more than ever.  

For more information on B.I.D. and Downtown events please visit our website at www.downtownbataviany.com.