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.

A power outage affecting 740 National Grid customers is reported along South Pearl Street Road and south nearly to Alexander Road, from the City of Batavia to near Darien.

The power outage was reported at 1:41 p.m.  

It is unconfirmed if related, but there was a motor vehicle accident reported at 2901 South Pearl Street Road, Pembroke, at about the same time the outage started.

The estimated power restoration is 3:45 p.m.

UPDATE 3:15 p.m.: Power has been restored.

Press release:

The Genesee and Orleans County Health Departments (GO Health) are pleased to announce that we will now be able to accept at-home COVID-19 tests.  “We have developed an online form for residents to report a positive test result after taking an at-home COVID-19 test,” stated Paul Pettit, Public Health Director for GO Health.

Positive test results are to be reported to the Health Department within 24 hours of completing the at-home test. Individuals can visit the GO Health website COVID-19 Testing page under Emerging Issues (GOHealthNY.org) and choose the appropriate Home Test button for their respective county. Individuals should complete the at-home tests according to the directions provided. When the test is completed, individuals should take a picture with the individual’s name, the date and the time they took the test legibly written on the test within 15 minutes of reading the results. Towards the end of the online form, the individual will be required to upload the picture on the website and attest to the authenticity and truth of the form.  If there are any missing sections that are required, the form is invalid.  At this time, individuals do not need to report negative at-home test results.

Anyone who tests positive for COVID-19 is to self-isolate for at least 10 days. A Case Investigator will contact the individual to determine any potential contacts, check on the individual’s health and provide guidance on their isolation.  Please answer the phone and be able to provide information regarding potential contacts when called. Also note, depending on our case load, it may be a day or two before you are called.  It is important to continue with self-isolation from household members as much as you are able.  If you must share space, make sure all in contact with you are wearing masks covering their nose and mouth and frequently shared items/surfaces are sanitized often.

Please note home testing may not be accepted for travel or events.  Check with your travel / event planner for what is acceptable.  For information on COVID-19 testing, visit https://gohealthny.org/covid-19-testing-information/ or https://coronavirus.health.ny.gov/find-test-site-near-you

Dewey Dilcher, on North Byron Road, Byron, decided some Christmas cheer to racing fans this holiday season with a tricked out stock car in his yard.

Photo submitted by Melissa Dilcher.

The Oakfield-Alabama boys basketball team moved its season record to 4-0 with a 66-45 win over Attica on Tuesday.

Scoring:

• Kam Cusmano, 27 points, 10 rebounds, 2 steals, 2 blocks
• Kaden Cusmano, 10 points, 10 rebounds, 4 assists, 3 steals, 3 blocks
• Gaige Armbrewster, 5 rebounds, 6 assists, 2 steals

Also in boys basketball on Tuesday:

• Batavia lost to Mendon 78-50. Javin McFollins scored 12 points for the Blue Devils. Sheldon Siverling and Sawyer Siverling each scored eight points.
• Elba beat Lyndonville 63-37
• Alexander beat Kendall 55-47
• Wheatland-Chili beat Notre Dame 68-53

In girls basketball:

• Pavilion beat Keshequa 54-28. Lauren Kingsley scored 14 points for Pavilion.  Karlee Zinkievich, 12, and Paige Landers, 12.
• Depew beat Elba 70-40
• Le Roy beat Geneseo 52-42. Abby Allen scored 12 points for Le Roy. Kailyn Tresco, 11, and Kenna MacKenzie, 10.

Genesee County is expected to receive up to $1 million to help in its COVID-19 prevention efforts as well as around 3,000 in-home test kits over the next few weeks, County Manager Matt Landers said in response to an email from The Batavian today.

“Based on information from the press release (from Gov. Kathy Hochul’s office) yesterday, Genesee County is in line to be reimbursed for up to $1 million in costs,” Landers said.

The money is earmarked for local health departments for vaccine and testing sites, staffing, and personnel expenses related to media campaigns, supply distribution and enforcement of mask/vaccine mandates.

Landers said he doesn’t see the additional funding having a signficiant impact upon the county’s ability – or willingness – to enforce Hochul’s rule requiring those over the age of 2 to wear masks or show proof of vaccination when entering businesses.

“We are still waiting on more guidance on what the money can be used for, but based on the short window to spend this money, it does not appear that Genesee County will have any greater ability to enforce the state’s mask rule,” Landers advised. “More than likely, we will use some of this money to promote our residents to get vaccinated or boosted, testing clinics and vaccination/booster clinics.

“Genesee County believes that masking in public settings does offer greater protection against the spread of COVID-19, and encourages businesses and residents to take appropriate precautions during this holiday season.”

Landers reported that he was just notified that more test kits (likely in early January) and masks (on Thursday) will be coming to Genesee County.

“Our Emergency Management Office is coordinating the distribution efforts for both and we will have details in the days following. We haven’t received word on the exact distribution numbers yet, but we are anticipating around 3,000 take-home test kits to be distributed to the public in early January,” he said.

The county manager said he “appreciates” the open communication line with the governor’s office and the distribution of supplies to rural counties such as Genesee.

According to Hochul’s press release, the state is prepared to release $65 million to New York’s 62 counties to help enforce the most recent mandates, which was announced two weeks ago and expires on Jan. 15.

The governor said she is opposed to more school or business shutdowns to the coronavirus “because we have the tools available to all of us (and) we’re going to keep fighting back.”