The Batavia Blue Devils boys basketball team lost Thursday to Greece Olympia 64-47.
Javin McFollins and Tanner Mountain scored nine points each. Estavan Lovett and Sawyer Siverling scored six each.
Also in boys basketball, Notre Dame beat Lyndonville 83-56.
In girls basketball, Batavia beat Olympia 47-37. Jaylene Dersham scored 21 points and Julia Clark scored 10.
“Shannon is more committed and the most dedicated in this field than anyone I’ve ever seen,” said GCASA Executive Director John Bennett, marking Murphy’s longevity award as a 25-year employee of the nonprofit agency on East Main Street.
“She loves the patients. That’s her strength and her gift. She’s always there for her team, the agency and the people she serves.”
Murphy (photo at right) was one of 14 GCASA employees to receive longevity awards, ranging from 25 years to five years with the company.
Not one for being in the public eye, she said she “was so grateful” for her job and her co-workers.
“I love everybody here,” she said. “It has been an honor.”
Treatment Director Kathy Hodgins, who has worked with Murphy for the past 20 years, called her colleague “a game-changer.”
“She is the most loyal person I’ve ever met – my comic relief (noting Murphy’s quick wit) – and sincere and genuinely compassionate,” Hodgins said.
Others recognized for their longevity were as follows:
TWENTY YEARS
FIFTEEN YEARS
TEN YEARS
FIVE YEARS
Disclosure: Mike Pettinella is publicist for GCASA.
Wednesday evening seemed to be the right time to check out what was going on at Genesee County Animal Shelter on West Main Street Road, Batavia. Evening hours provided opportunities for several folks to visit, adopt a pet and/or drop off generous donations.
Sara Rose donated edible goodies on behalf of Revival Salon in Batavia. The salon staff members “are all animal-loving people,” she said.
“We wanted to do something to make sure that they had something that made their holiday special,” Rose said. “We know that the shelter does rely a lot on donations for food and treats, so being able to contribute to it so they can keep running and keep the animals comfortable and happy brings us so much joy.”
Brothers Jonathan and Henry Maher, nine and six years old respectively, decided to take some of their allowance money and donate it to benefit the animals, and Kevin and Krista Kretschmer brought in oodles of assorted pet items. Volunteers For Animals has a wish list of needed items on its website, including dry cat and dog food (preferably Purina One), canned dog food, laundry soap, bleach, paper towels, non-clumping cat litter, dog collars and leashes, large nylabones, cat toys and Forever postage stamps.
The nonprofit is an “all volunteer group” that funnels money donations “directly to the animals and their care,” member Wendy Castleman said.
“In 2020, 75 percent of the money we spent went towards veterinary care, which includes spaying and neutering all animals prior to adoption, as well as treatment of conditions like skin issues, upper respiratory, GI issues, broken bones and heart worm disease,” she said. “Monetary donations go a long way in helping the animals in the Shelter as well as in the community.”
Targeted areas for monetary donations include:
Veterinary Care: Volunteers For Animals pays for all the medical treatment of the animals that come through the Shelter to ensure that animals are healthy prior to adoption. The group purchases all medications, special foods, and supplies for the animals at the Genesee County Animal Shelter that the County does not supply.
Spay-Neuter Program: A huge goal has been to spay and neuter all animals prior to adoption, and to assist with low cost spay/neuter of pets in the community.
Rescue Dogs: VFA pulls dogs from high volume shelters and transports them to the Batavia-based shelter be adopted into the community.
Fundraising and Promotion: Advertising is done to publicize the shelter and adoptable animals through the VFA website, local media and mailings and events.
No matter what the donation is, homeless pets deserve the gesture, Rose said.
“I myself have always adopted my family dogs from the shelter,” she said. “And it's always been so heartbreaking to see these animals without families, especially at the holidays.”
Shelter animals are checked out by a veterinarian and treated with vaccinations and routine tests as needed. Most of them are spayed or neutered before leaving the shelter or a $35 deposit is required, to be returned upon proof that the spay/neuter surgery has been completed. Fees are $60 for county dogs and cats and $50 to $150 for out-of-state rescues.
To schedule a visit, call 585-343-6410, Option 7. For more information, check out vol4animals.org.
Top photo: Sara Rose of Revival Salon in Batavia brings in a donation of edible treats Wednesday evening for the animals at Genesee County Animal Shelter on West Main Street Road, Batavia. Bottom photos: Kevin and Krista Kretschmer donate a large assortment of items, a chart on the Volunteers For Animals website displays how donations are used, Ken Krueger adopts Princess, a cat makes itself comfortable in the greeting room and Mike and Patty Uzialko snap a photo of their future household addition, Juliette. Photos by Howard Owens
In what Head Coach Marc Staley called “our poorest effort of the year,” Batavia Notre Dame United – plagued by mistakes in its own zone and outshot by a more than two-to-one margin – dropped a 7-4 decision to Pittsford tonight in Section V hockey at the Batavia Ice Arena.
Sophomore Ben Norten scored three goals and assisted on another as the visiting Panthers broke away from a 2-2 tie with four goals in the second period to take a 6-4 advantage heading into the third period.
Pittsford, 4-3-1, fired 46 shots at BND goaltender Courtney Schum, while United could manage to put just 19 on Panthers’ goalie Aden Brown.
“This was our poorest effort of the year and we have to address that,” Staley said. “We have to come to play every night. And we didn’t execute tonight and they’re a fast team and a skilled team.”
Staley pointed to his team’s miscues in its own end that provided Pittsford numerous extra opportunities.
“We gave up too many pucks in our own zone -- sloppy play,” he said. “Pucks in the back of our net (given away). You can’t make mistakes against Class A teams that are good like this. And we made too many tonight, so we’ve got to tighten that up. And we will. It’s still early in the year.”
Pittsford had several chances to draw first blood but was unable to capitalize on a power play midway through the opening period.
When BND drew a pair of penalties at the 8:00 and 7:21, it came through with the two-man advantage -- with senior Gavin Schrader putting away a rebound at 6:59. Jameson Motyka and Zack Eschberger assisted.
The Panthers tied the score at 3:44 on a goal by sophomore Henok Hankinson (assisted by junior Will Masaschi) and took the lead less than two minutes later when junior Lucas Procious scored from close range, with Norten and Colin Norton assisting.
United rallied with a minute left in the period when Eschberger converted a pass from the speedy Schrader, who had raced down the left side of the rink past the defense.
Pittsford controlled most of the action in the second period, outshooting the home team 26-10. And it didn't help the United cause when defenseman Noah Hudson's skate blade broke, forcing him to miss most of the 17-minute session while correcting the situation.
Norten scored off a rebound of a shot by Norton at 13:22 and Masaschi buried the puck after an initial save by Schum at 12:09 to put Pittsford up 4-2.
Following a BND timeout, United cut the deficit in half as Schrader deflected a shot by Parker Corbelli past Brown at the 11:00 mark (Eschberger also assisted), but Pittsford came back 55 seconds later as sophomore Brady McMahon beat Schum to her glove side from a tough angle.
After Schrader hit the crossbar on a shot at 6:25, United pulled to within a goal again as senior Vin DiRisio found the back of the net after a nifty pass from Motyka.
Schum made a couple tough saves inside of three minutes, but was unable to thwart Norten at the 1:14 mark when he scored his second goal, assisted by Norton. The duo combined again to close out the scoring at 10:57 of the third period after United gave up the puck behind its own net.
Pittsford clamped down in the third period, holding BND without a shot on goal until 2:57 remained in the game.
Asked if he thought Pittsford had a deeper team and better skaters, Staley instead talked about United’s unforced errors.
“We scored one on ourselves. Those are the things we have to address; too many giveaways in our own zone,” he said. “And we need more balance. We’re relying on two few guys right now.”
Still, Staley said he saw it as a learning experience.
“It’s good for us to play against these teams to learn the level that we have to get to,” he said.
Schrader upped his goal total to 15 (to go with his 15 assists) while DiRisio’s goal was his 10th of the season.
United, 5-3, travels to the LECOM Harborcenter in Buffalo for games against Section VI opponents next week – at 7:15 p.m. Wednesday against Hamburg and at 1:15 p.m. Thursday against Frontier.
Photo at top: Batavia Notre Dame's Jameson Motyka avoids a Pittsford defender as goaltender Courtney Schum looks on. Photos at bottom: United's Parker Corbelli controls the puck as Pittsford's Lucas Procious converges; teammate Brady Johnson looks to maneuver past Pittsford's Keegan Ahern. Photos by Howard Owens.
The boys had come to the West Main Street site this week to make their donation to Volunteers For Animals, which operates out of the shelter. It was one of at least three donations brought in during a 90-minute span.
“We had some share money and didn’t know what to do with it,” Jonathan said as to why they were visiting on a snowy Wednesday evening. “I really like animals.”
His mom, Melannie, explained that the youngsters earn a regular allowance, and they merge some of the money for a “share” fund, which is given to charity.
“We had dropped off some stuff before and thought it’d be nice to help the local shelter,” she said. “They were so excited to come and see the animals.”
Seeing the animals: Ruben
“He has a lot of behavioral issues and is getting training,” Stocking said. “He loves people. He wants to learn, he really tries.”
Ruben is about 2 years old and loves to play with toys. The blue-eyed looker would be ideal with someone who can be his leader and understand his need for exercise and having “room to run,” Stocking said. He is a playful and affectionate boy who will do best in a household that provides consistent guidance and direction. Ruben is learning loose leash walking and receiving some basic obedience training while at the shelter. Volunteers say he will excel in a household that will maintain the training and give him a structured environment.
And Sammie …
“This is the best place for her to be, rather than going out and getting pregnant,” Stocking said.
Sammie can go to a good home now, and the spaying procedure will be paid for by VFA. Stocking wasn’t certain whether she gets along with dogs and/or cats because she was just brought in, however, she demonstrated an enthusiastic joy for mingling with people. She is estimated to be 1-1/2 years old and weighing in at around 70 to 80 pounds. She is a strong young lady and is receiving some training as well.
Volunteer Vern Luce favors Sammie, he said, because she reminds him of a dog he adopted when the new shelter first opened. That other dog, named Kazoo, was a 10-month-old shepherd-Rottweiler mix.
“She was just so sweet,” Luce said of his prior pup, turning to the brown, long tail-wagging Sammie. “That’s why I like her.”
Coco and River …
Coco is a brown Labrador retriever mix from a shelter in Kentucky. After torrential storms leveled nearby states, the Kentucky shelter cleared out some of its inventory to make way for animals from those devastated communities, Stocking said. VFA took in six of those dogs, about half of which have already been adopted. Coco is a “very sweet” 4-year-old who loves greeting visitors. River is another rescue from Kentucky. He is a 2-year-old black Labrador retriever/German Shepherd mix.
“They’re good with other dogs, and they play with everybody,” Stocking said.
Hunter and Felco …
“They love to play, and they can run and run and run,” Luce said.
There were 10 dogs up for adoption, and about a half dozen cats, as of Wednesday evening. The Batavian will be publishing periodic stories about the animals in need at the shelter, including those that have been rescued, turned in, or found as strays. That doesn’t mean they will make ideal holiday gifts, Stocking said. What may seem like a cute surprise to hand to a child — or even to an adult — can soon become an inconvenience, she said.
“We don’t recommend a pet for Christmas,” she said. “Nine out of 10 come back. I would never suggest a pet as a gift. Adopting a pet is a lot of responsibility.”
Adoption fees are $60 for county dogs and cats and $50 to $150 for rescues from out of state. If the animal is not spayed or neutered, there is a $35 refundable deposit that is returned upon proof of surgery. An adoption application must be filled out at the shelter by the person wishing to adopt the animal. Once the application has been reviewed and approved, the potential adopter may visit and meet any of the animals. All cats must leave the shelter in a cat carrier, to be supplied by the adopter.
If you’re ready for the long-term commitment of raising a four-legged friend, contact the shelter at 585-343-6410, Option 7, to schedule an appointment. For more information, go to vol4animals.org.
Top photo: Jonathan and Henry Maher drop off a monetary donation to Volunteers For Animals during a visit Wednesday at the Genesee County Animal Shelter in Batavia. They visit with residents Ruben, Sammie, Coco, River, Hunter and Felco, assisted by volunteers Cindy Moag, Debbie Stocking, and Vern Luce.
Photos by Howard Owens.
A victory over Pittsford tonight would give Batavia Notre Dame a psychological lift through Christmas and snap a long Section V hockey drought against the suburban Rochester school.
“This is a very important game for us, psychologically, as it can get us to 6-2 heading into next week's tournament at the (LECOM) Harborcenter in Buffalo, and knowing that a Batavia team hasn’t beaten Pittsford since, I think, 1994,” Head Coach Marc Staley said this afternoon.
The game is set for 6 o’clock at the Batavia Ice Arena on Evans Street.
The Batavia Blue Devils were unable to defeat a Pittsford club when they met regularly in Monroe County League competition over the past three decades and, last year, Notre Dame dropped a 5-3 decision to the Panthers in the first round of the sectionals.
Batavia and Notre Dame combined forces prior to this season as "BND United" and has won five of its first seven contests. Pittsford is 3-3-1 but the record doesn’t indicate the overall strength of this year’s Panthers’ team, Staley said.
“This looks to be a dead-even game,” he said. “They have played against some very strong teams – Fairport, Massena and Penfield – and play a similar style to ours.”
On paper, United has more offensive firepower than Pittsford with five players in the top 10 in scoring among the six Independent teams. BND has scored 47 goals and given up 25 while Pittsford has scored 22 and allowed 22.
Senior Gavin Schrader is No. 1 in points with 13 goals and 14 assists, freshman Jameson Motyka and junior Ronin Hofmaster each have six goals and 11 assists, senior Vin DiRisio has nine goals and seven assists, and freshman Brady Johnson has seven goals and eight assists.
BND goaltender Courtney Schum has a 3.53 goals against average in her seven games.
The Panthers have three players with five goals apiece – senior Aidan McGrain, junior Lucas Procious and sophomore Henok Hankinson, while junior Will Masaschi has four goals and nine assists. Goalie Aden Brown has a 2.96 GAA.
Staley said both teams have solid power play units and it could come down to which team stays out of the penalty box.
“The team showing the most discipline likely will come out on top,” he said. “It shapes up to be a close game.”
Press Release:
With COVID’s Omicron variant spreading and Upstate New York overwhelmed by the latest surge, U.S. Senate Majority Leader Charles E. Schumer today launched a major push to get the Federal Emergency Management Agency (FEMA) to expand testing capacity and support for Upstate communities. Schumer made a personal call to FEMA Assistant Administrator Keith Turi and Acting FEMA Region 2 Administrator Chad Gorman to urge them to deploy 200 mobile testing sites in New York, 100 across New York State and an additional 100 in New York City. Schumer said that expanding access to testing is key to stopping the spread of COVID-19, especially as we enter the peak of holiday travel and the heart of the harsh winter months.
“Upstate New York is seeing record high COVID cases, and with variants like Omicron already here, we must stop the spread in its tracks and that means testing testing testing. That is why I am calling on FEMA to immediately deploy mobile testing sites across Upstate New York, to give struggling communities the support they need to keep their residents safe,” said Senator Schumer. “Especially as people travel over the winter holidays, easy access to testing is critical to ensure the safety of themselves and loved ones. FEMA must provide Upstate communities the support they need to protect public health and to stay ahead of this variant into the winter.”
New York State today saw a record over 28,000 new coronavirus infections over a 24-hour period, signifying a significant increase in case counts from just a week ago.
Schumer’s request comes on the heels of his successful push for the federal government to provide free at-home tests to New York community health centers & mobile sites. President Biden announced earlier this week that the federal government woulddeliver 500 million free at-home rapid testing starting in January. Schumer said that these at home testing kits in tandem with 200 mobile testing sites in the communities that need them most is vital to protecting the health of New Yorkers.
“We now have the testing infrastructure and tools we didn’t have early on in the pandemic,” said Schumer. “It’s one of the keys to stop this surge and keep recovery going.”
According to the World Health Organization, the most effective steps individuals can take to reduce the spread of the COVID-19 virus is to keep a physical distance of at least 6-feet; wear a well-fitting mask; open windows to improve ventilation; avoid poorly ventilated or crowded spaces; keep hands clean; cough or sneeze into a bent elbow or tissue; and get vaccinated.
A copy of Senator Schumer’s original letter to FEMA appears below:
Dear Administrator Criswell:
I write today to ask for the Federal Emergency Management Agency’s (FEMA) assistance as we continue to fight the COVID-19 pandemic and the recent increase in cases due to the Omicron variant. The spike in cases has brought upon an increased demand for testing that is sure to strain the already robust testing infrastructure in New York City. In addition to supporting the City of New York’s request for an increased supply of at-home test kits, I ask that FEMA authorize the opening of 100 mobile test sites in New York City, and 100 additional mobile test sites across the rest of the state, including in Long Island.
Since the beginning of the pandemic, FEMA has played a central role in New York City’s fight against COVID-19. While I am grateful for these efforts and for the work of FEMA staffers, I ask that FEMA continue this partnership and build on its efforts as cases increase due to the Omicron variant. On December 21, 2021 New York City recorded its highest 7-day daily average of cases at nearly 9,500 cases. As reports of daily cases and hospitalizations continue to trend upward, it is vital that FEMA provide the City with the necessary resources to help slow this spread. With more testing capabilities in the form of at-home kits and testing sites, the City can better gauge the trends of this variant and provide more accurate guidance and information to residents.
Thank you again for your leadership and assistance over the past year as New York and the nation continue battling COVID-19. FEMA has been an invaluable partner in combatting this pandemic and I ask that as the Omicron variant spreads rapidly you continue this partnership and swiftly provide New York City the increased at-home testing kits requested in their letter to the Administration and authorize the opening of 100 testing sites across the City and 100 additional sites across the State.
I appreciate your attention to this important matter and look forward to your response. Please do not hesitate to reach out to my office with any questions
The unemployment rate fell to 3.3 percent in November in the Batavia Micropolitan Area, down from 4.9 percent the previous year.
The micropolitan area, a demographic term, is roughly contiguous with the borders of Genesee County.
There are 27,900 people in the local labor force (people with jobs or looking for jobs), down from 28,900 from a year ago. There are 27,000 people with jobs, down by 500 from the previous year.
There are 900 people in the labor force who are currently unemployed, down from 1,400 a year ago, and down by 100 from last month.
The state's unemployment rate is 5.5 percent, down from 8.3 percent a year ago.
Danielle R. Tooley is indicted on counts of criminal possession of a controlled substance in the fifth degree and aggravated unlicensed operation in the third degree. On Nov. 24, in the Town of Bergen, Tooley is accused of possessing more than 500 milligrams of cocaine. On that same date, she is accused of driving a 2008 Volvo on Clinton Street Road, Bergen, while her license was suspended.
Click here for more information!
Press release:
With COVID’s Omicron variant spreading and Upstate New York overwhelmed by the latest surge, U.S. Senate Majority Leader Charles E. Schumer launched a major push to get the Federal Emergency Management Agency (FEMA) to expand testing capacity and support for Upstate communities. Schumer made a personal call to FEMA Assistant Administrator Keith Turi and Acting FEMA Region 2 Administrator Chad Gorman to urge them to deploy 200 mobile testing sites in New York, 100 across New York State and an additional 100 in New York City. Schumer said that expanding access to testing is key to stopping the spread of COVID-19, especially as we enter the peak of holiday travel and the heart of the harsh winter months.
“Upstate New York is seeing record high COVID cases, and with variants like Omicron already here, we must stop the spread in its tracks and that means testing testing testing. That is why I am calling on FEMA to immediately deploy mobile testing sites across Upstate New York, to give struggling communities the support they need to keep their residents safe,” said Senator Schumer. “Especially as people travel over the winter holidays, easy access to testing is critical to ensure the safety of themselves and loved ones. FEMA must provide Upstate communities the support they need to protect public health and to stay ahead of this variant into the winter.”
New York State yesterday saw a record over 28,000 new coronavirus infections over a 24-hour period, signifying a significant increase in case counts from just a week ago.
Schumer’s request comes on the heels of his successful push for the federal government to provide free at-home tests to New York community health centers & mobile sites. President Biden announced earlier this week that the federal government would deliver 500 million free at-home rapid testing starting in January. Schumer said that these at home testing kits in tandem with 200 mobile testing sites in the communities that need them most is vital to protecting the health of New Yorkers.
“We now have the testing infrastructure and tools we didn’t have early on in the pandemic,” said Schumer. “It’s one of the keys to stop this surge and keep recovery going.”
According to the World Health Organization, the most effective steps individuals can take to reduce the spread of the COVID-19 virus is to keep a physical distance of at least 6-feet; wear a well-fitting mask; open windows to improve ventilation; avoid poorly ventilated or crowded spaces; keep hands clean; cough or sneeze into a bent elbow or tissue; and get vaccinated.
Video submitted by Tim McArdle
Braiden Tower won first place, and Bryar Biracree, second, in the 7th-grade spelling bee today at Le Roy Middle School.
Mr. Knisley was the moderator and Mrs. Cain was the judge.
Braiden correctly spelled Zeppelin in the round for the win and will now advance to the regional competition.
To watch a video of the entire spelling bee, click here.
Photos and information submitted by Tim McArdle.
For the first time this year, the Oakfield Betterment Committee installed Christmas decorations for the first time this year in Memorial Park, 17 Main St.
The "Winter Wonderland" light display is a walking tour on the paved paths of the park.
"This is OBC’s gift to the community for their support of Labor Daze and other events," said committee member Jamie Lindsley. "We hope to make this an annual project and would like to undertake even more projects to improve our community for all."
This is County Building #2 on West Main Street Road, Batavia, earlier this evening.
If Michael Tomaszewski were to receive the maximum sentence in prison under the law for his crimes, the court would have no leverage to ensure he paid back his victims the more than $500,000 he stole from them, County Court Judge Charles Zambito told a courtroom full of people defrauded by the disgraced funeral director this morning.
To help make sure Tomaszewski is motivated to make restitution, Zambito sent him to prison for a bit less than the maximum term.
Instead of 2 1/2 to seven years in prison, Zambito ordered Tomaszewski to serve from two to six years on the most serious charge he admitted -- grand larceny in the third degree.
On his scheme to defraud and his offering a false instrument for filing, the sentence was 1/3 to four years each, and on the misdemeanor improper burial charge, 364 days.
All sentences are to run concurrently.
"What I can’t break away from is that for 12 years, you went to work every day knowing that the day before you had broken the law and you were going to break the law again," Zambito said. "This isn’t something that you forget about. This is something you don’t know about. You knew what you were supposed to do with that money. You just chose not to do it. Why? Because it was beneficial for you and you figured you would never get caught. That says more to me about your character than any good works you have ever done. I just can’t get around it."
Zambito said the best interest of the community is that Tomaszewski's victims have some assurance that restitution is possible. With a maximum sentence, once Tomaszewski's time was served, he couldn't be hauled back into court if he stopped paying restitution. Today's sentence will ensure that if he slips on his obligation, he can serve as much as 15 years total on the conviction.
Public Defender Jerry Ader argued for a community-based sentence (probation, with no prison time) to best ensure Tomaszewski made restitution to his victims.
During his statement to Zambito, he reminded the judge he had the latitude to use Genesee Justice as it was originally intended, to bring restorative justice to victims and offenders.
Used in that way, Tomaszewski would be required to meet individually with each of his victims so he would have to face the totality of his crimes, to feel the shame, to explain himself.
"It's innovative," Ader said. "It's not used. But it's what people want. People are longing to be heard. They want my client to feel shame, more than he's shamed already."
Interim District Attorney Kevin Finnell said he wanted to see Tomaszewski go to prison for the maximum time the law would allow, characterizing Tomaszewski's actions calculating and a crime against the whole community.
"People trusted him," Finnel said. "(His involvement in the community) was simply a way of gaining trust, to be the good guy, to make friends, 'then you will come and give your money and I will take it.' Mr. Tomaszewski took their money and then broke their trust.
"What Mr. Tomaszewski did was so egregious, so calculating, so wrong. I would submit that the court has no alternative but to sentence him to the maximum allowed and that's a 2 1/3 to a seven-year term."
Ader pushed back at what he characterized as Finnell's attempt to paint his client as some sort of evil mastermind who fooled everybody in the community just to enrich himself.
He said there is no evidence Tomaszewski has a gambling problem or a drug use problem. He said his client used the funds he failed to keep in trust to help grow his business; that he invested it in new buildings and new business ventures.
"It all went back into his business," Ader said. "It was wrong and he know it was wrong and he couldn’t stop because the business was helping people and he wanted to help people.
"My client isn't some sort of Bernie Madoff character who is stealing money in this Ponzi and living lavishly. That is somebody who should be punished for the rest of his life. This is somebody who mismanaged. And if you want to call that poor business, poor judgment, those are choices he made. Bad choices. Criminal choices. But they were choices. Yes, his intent, obviously, was to put that money back into the business but he still provided services."
Zambito didn't buy it.
"I don’t believe you are somehow sacrificing your own life, depriving yourself or your family," Zambito said. "You had what appeared to be a very successful business. You say in your pre-sentence investigation that you invested in the business. 'I needed the money for the sprinkler system. I needed the money to start the Dibble Center. Don’t you think there are other business people out there who need the money to improve their businesses, who want to do the best they can to start new ventures? They borrow the money if they don’t have it. They go to banks."
The defense delivered to the court more than 50 letters from members of the community, including letters from people who were clients of the funeral home, attesting to Tomaszewski's good character, saying he was a good guy who just made a mistake and mismanaged his business. They pointed to his involvement with the Lions Club, to his charitable work, to his support of community organizations.
Zambito said he also had a binder containing information on 91 victims of Tomaszewski's fraud, documenting more than 12 years of criminal activity that cost members of the community more than $500,000. Yes, some of those victims do only want restitution, Zambito said, but many others want justice, they want Tomaszewski to go to prison.
"They believe that the scope and breadth of your crimes outweigh the positive things that can be said about you," Zambito said. "I get that you did good things but you did it with other peoples' money."
After adjusting for the $32,000 Tomaszewski was going to pay today and five percent interest on the original amount of restitution required, Tomaszewski owes his victims $569,434.92.
Zambito ordered Tomaszewski to pay $2,000 a month upon his release from prison, which Zambito said he felt Tomaszewski would have no trouble making full restitution within 10 years of his release because he's shown he has the ability to earn money, particularly in the restaurant business.
Currently, Tomaszewski's former funeral home building is listed for sale for $1 million and another building he owns on West Main Street is listed for $165,000. He also has a pending bankruptcy with $3,242,390 in liabilities. The money owed to victims who filed claims in the federal court cannot be discharged through the bankruptcy proceeding.
Al Kurek, one of Tomaszewski's victims, made a statement to the court during today's hearing. He called Tomaszewski one of the community's "golden boys" who had a successful business and won people's trust but squandered his accomplishment.
"There was only one problem," Kurek said. "All the time he was offering comfort and condolences, he was practicing deceit. He sat across from clients over the years, stared them in the eye, shook their hands providing them with assurance and comfort while all the time knowing that their monies were going directly into his pocket.
"What he actually gave clients was mental anguish and suffering as well as lies, pain, grief, and heartache. The Batavia community had its soul scorched when all of Michael's criminal and unethical activities were revealed."
Joan Mariucci said Tomaszewski stole her trust.
"There are two Rs," she said. "There’s rich and there’s retired. We’re retired. We’re not the rich. We don’t have that kind of money just laying around to give to someone else."
Interim District Attorney Kevin Finnell.
Public Defender Jerry Ader.
Judge Charles Zambito.
Press Release:
In collaboration with the American Red Cross, Batavia Community Schools is sponsoring a Blood Drive on Thursday, December 30, 2021, from 9 AM-2 PM at Robert Morris Multi-Purpose Room, 80 Union Street, Batavia.
Click here to schedule an appointment, or call the American Red Cross at 1-800-733-2767. Appointments are still available.
As of August 9, American Red Cross requires that all individuals at blood drives wear a face mask regardless of vaccination status.
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