A car fire has apparently started a house fire at 3625 Telephone Road, Alexander.
Alexander fire dispatched along with Town of Batavia.
UPDATE 10:58 p.m.: The structure is NOT on fire. An ATV was on fire. It was moved away from the house. Town of Batavia can stand down.
Jim Beverly, a hunting retriever trainer from Oakfield, hosted his second annual Companion Retriever Hunting Challenge at Godfrey's Pond in Byron on Saturday. The challenge is primarily for retrieving-trained dogs who are more often pets than hunting companions.
An audit by the state comptroller is more than welcome, officials with Western OTB, operator of Batavia Downs, said this week.
The board of directors unanimously passed a resolution pledging transparency in its business dealings and Henry Wojtaszek, president and CEO of Western OTB, sent a letter to Thomas DiNapoli inviting an audit.
"Over the past several weeks, some media reports have focused on our finances and promotional operations," Wojtaszek wrote. "In order to continue to meet our high standards of transparency and compliance, I would like to inform you we welcome an additional audit of the corporation's finances by your staff and of course will follow any recommendations we can to improve moving forward."
The moves come as a result of reports, based on information from anonymous sources, that Western OTB is the target of an FBI investigation into allegations that "politically wired" companies have received preferential treatment in contracts with the corporation.
It's a charge officials with Western OTB deny.
A source on the board characterized the news reports as based on "rumors."
In his letter, Wojtaszek noted that Western OTB has generated more than $231 million in revenues for the 15 counties in its region and that prior comptroller audits have not revealed any financial impropriators or irregularities.
"(That) is something we are very proud of," Wojtaszek wrote.
Farmworkers have the right to form unions and collectively bargain for wages and working conditions, a New York appellate court ruled this week in a decision that also denied the respondent in the case an opportunity for a hearing on the topic.
The ruling drew a swift rebuke from the respondent, the New York Farm Bureau. The Farm Bureau issued the following statement:
“We are extremely disappointed in the majority’s decision and the breadth of its ruling. The Appellate Court was considering the trial court’s decision on a motion to dismiss, which, if denied would have permitted Farm Bureau to fully litigate this case in the trial court.
"Instead, the majority of the court decided to make a far-reaching determination by declaring the right to collectively bargain as a “fundamental right,” on par with the freedoms of speech and religion. We believe that the majority’s conclusion is unsupportable and disregards decades of precedent.
"The court’s dissenting opinion exposed the flaws in the majority’s ruling and identified that the decision eliminates Farm Bureau’s right to defend the constitutionality of the statute in a trial court.
"Speaking more broadly, if the legislature, and now the courts do not recognize the value of preserving a viable and economically sustainable food production system in the state, New York agriculture will continue to shrink under a mountain of mandates.
"Our rural economy and local job opportunities will suffer. And New Yorkers will find it harder to access New York grown food, instead, relying on food brought in from out of state, or worse yet, out of the country to feed their families. New York Farm Bureau fully intends to appeal the court’s ill-conceived ruling.”
Assemblyman Steve Hawley also criticized the ruling.
“The New York state Appellate Court got this wrong. I’m deeply disappointed, both in the substance of the ruling and in the judicial overreach which prevents the New York Farm Bureau from appropriately litigating this case in trial court. Make no mistake, if the Court of Appeals doesn’t overturn this decision, it will mark the end of family farms in New York state, wiping out hundreds of thousands of jobs, billions of dollars in economic impact and generations of time-honored tradition older than New York state itself. It’s imperative that the New York Farm Bureau’s appeal is successful,” said Hawley.
The issue is also part of a contentious dispute in the state Legislature over proposed changes in state labor law that, if passed as currently written, would give farmworkers the right to organize and also institute for farmworkers an eight-hour workday, and a 40-hour work week. These provisions, farmers, and farmworkers say would devastate the state's agriculture industry.
The ruling potentially takes away a bargaining chip from opponents of the bill by granting the bill sponsors one of the changes in law they are seeking.
State Senator Rob Ortt, the ranking minority party member of the Agriculture Committee was also unhappy with the ruling.
“After today’s ruling, the last thing we need to do is pass the Farmworkers Fair Labor Act, which goes far beyond today’s ruling, and adds even more regulations on the backs of those responsible for growing our food.”
The ruling, of course, was applauded by those who support labor unions for farmworkers.
“The court’s ruling today was unequivocal that denying farmworkers basic labor rights is flat-out unconstitutional, and farmworkers, like other workers, have the right to organize,” Donna Lieberman, executive director of NYCLU told the New York Law Journal. “The workers on whom we depend for the food on our tables have the right to be treated humanely and with dignity, like any other hardworking New Yorker.”
The Cuomo administration has recently openly supported the move to allow farmworkers to collectively bargain and Attorney General Letitia James said she supported the decision.
The state did not defend itself from the lawsuit filed three years ago by former farmworker Crispin Hernandez, leaving it to the Farm Bureau to represent farmers' interests.
The lawsuit challenged the State Labor Relations Act, passed in 1937, that granted broad rights for workers to organize but specifically excluded farmworkers.
Critics of the exclusion claim the exclusion has its roots in Jim Crow practices (not, at the time, unknown in New York, though generally thought of as practices in the early 20th century in the Deep South) that discriminated against blacks. That history factored into the plaintiff's arguments.
The case was heard by the Supreme Court, Appellate Division, Third Judicial Department. The majority opinion as written by Justice Christine M. Clark.
The plaintiff's attorneys argued that the 1937 act denied their client equal protection under the law and infringed on a fundamental right to organize and collectively bargain and also violated New York's Constitution. A provision passed at a constitutional convention in 1938 afforded employees the right to organize.
Clark found that constitutional meaning of "employee" included farmworkers.
Indeed, there is nothing in the language of the constitutional provision to support the suggestion that the drafters intended for the term "employees" to be narrowed or limited in any way. Accordingly, when the term "employees" is given its natural and ordinary meaning, we think it clear that the constitutional right to organize and collectively bargain extends to individuals employed as farm laborers
In his lone dissent, Justice Stan L. Pritzker noted that the constitutional convention was held a year after the labor act was passed so the framers certainly had a very clear understanding of the law as written and did not intend to include farmworkers in the constitutional provision allowing employees to organize.
He also did not include the right to organize in his list of fundamental rights even though the right to assembly (and by extension, according to prior Supreme Court cases, the right to free association) is part of the Bill of Rights.
From his dissent:
Fundamental rights are those deeply rooted in this Nation's history and tradition. They include the right to marry; the right to have children; the right to decide how one's children will be educated; and the right to engage in private consensual sexual activity."
Fundamental rights also include the right to vote, the right to travel, the right of free speech and the right of a criminal defendant to appeal. One need only imagine and compare laws that would prevent farm laborers from exercising freedom of speech, voting, traveling, marrying, raising children or appealing criminal convictions to recognize the distinction and understand why a fundamental constitutional right is not implicated here.
Further, the inclusion of the right to organize and bargain collectively in the New York Bill of Rights does not, per se, confer upon it fundamental constitutional right status (citations omitted).
The dispute over whether the right to organize is a fundamental right is important because if it's a fundamental right, it would carry more weight than the 1937 law as passed by the Legislature.
The Farm Bureau will be able to appeal the ruling to the state's Court of Appeals.
A vehicle has reportedly run under the back of a semi-truck on the Thruway in the westbound lane at about mile marker 388.4 and a female is reportedly trapped in the vehicle that is under the semi.
Extrication will reportedly be required.
Town of Batavia fire and Mercy EMS dispatched.
UPDATE 10 p.m.: The victim has self-extricated with minor injuries.
UPDATE 10:01 p.m.: Mercy Flight cancelled. Fire crews needed for fluid spills.
(Above, Hannah Tiede, Batavia, with instructor Bob Yates, and her new boss, Darryl Horzempa, of Stan's Harley-Davidson, where she interned and will work after graduation, and her parents, Meghan and Rich Tiede.)
When sports stars sign letters of intent to attend a university, the schools' athletic directors invite the media to cover the letter-of-intent signing but students moving onto careers rarely get the same attention.
Batavia CTE/BOCES corrected that oversight earlier this week by holding its first-ever signing day with three students who graduate this spring with jobs in their chosen careers already in place.
"As many of you know, we’re at a critical shortage of skilled workers these days," said Principal Jon Sanfratello. "There are many different avenues that kids have today, whether it’s going through school onto college or technical school or straight out into the workforce.
"And so we try to provide those opportunities for kids each and every day, so we have three great stories of these hard-working seniors who are going to go straight out into the workforce."
Hannah Teide, of Batavia, will be working at Stan’s Harley-Davidson in Batavia.
"When she first started coming into our shop I thought she was already friends with all of our employees," Horzempa said. "I thought if she's that enthusiastic about working in our shop, maybe I should give her a try and she's been that enthusiastic ever since."
(Above, from left are Todd Sloat, his parents, Rebecca and Richard Day, Bob Yates, and Jon Sanfratello.)
Jake Day signed with Sloat Tire.
"Jacob approached and said he would like to stay and we were already thinking, 'what are you doing this summer?' " said Todd Sloat, owner of Sloat Tire, and a former BOCES student himself. "It worked out that we asked him to stay. It worked out and that's why we're here today."
(Above Jenna Montgomery signs with The Exchange in Attica with her are, from left: Renee Ackert, owner of The Exchange; Jenna’s father, Jim Montgomery; Jon Sanfratello; Jenna’s mother, Bethany Montgomery; and cosmetology teacher Mary Beswick.)
Jenna Montgomery signed with The Exchange in Attica. Beswick said what turned Montgomery around was a student was her internship at The Exchange, where she really started to shine and that carried over into her course work.
"She's so talented in what she loves to do," Ackert said. "She's fit in wonderfully at the salon."
Press release:
Youth Detective Rich Schauf retired today after 32 years of dedicated service to the City of Batavia and City of Batavia Police Department.
Schauf started his law enforcement career in June of 1983 as a Jailor at the Genesee County Jail. He was hired by the City of Batavia Police Department on Jan. 25, 1987, and promoted to Youth Detective on Oct. 20, 2003.
Schauf spent the majority of a career dedicated to the youth of the City. He was an integral part in the creation of several organizations designed to provide support services to the youth of the community.
A luncheon was held at City Hall to honor Schauf ’s 32 years of service and to wish him well in his retirement.
Jeremy J. Barnett, age 27, black male, 5’8” 135 lbs., black hair and brown eyes, LKA Chili Avenue, Upper Apt., Rochester, NY
Wanted for grand larceny, 4th, bench warrant PL 155.30-1 (E felony) Batavia Town Court DOW 4/29/19
Jessica M. Horton, age 28, white female, 5’5” 130 lbs., brown hair and brown eyes, LKA Telephone Road, Pavilion, NY
Wanted for violation of probation, bench warrant CPL 410.40-1 (felony) Genesee County Court DOW 5/13/19
Isabella S. Lackey, age 25, white femal,e 5’1” 190 lbs., blond hair and blue eyes, LKA Emery Street, Fulton, NY
Wanted for endangering the welfare of a child, bench warrant, PL 260.10-1 (misdemeanor) Darien Town Court DOW 7/31/18
Wanted for bail jumping, 3rd, arrest warrant PL 215.55 (misdemeanor) Darien Town Court DOW 9/17/18
Kimberly N. White, age 30, white female, 5’1” 110 lbs., black hair and brown eyes, LKA Wyoming Road, Covington, NY
Wanted for aggravated unlicensed operation, 3rd, bench warrant VTL 511-1a (misdemeanor) Pavilion Town Court DOW 2/5/19
Wanted for bail jumping, 3rd, arrest warrant PL 215.55 (misdemeanor) Pavilion Town Court DOW 4/2/19
No photos available:
Taylor M. Miley, age 22, black female, 5’5” 280 lbs., brown hair and brown eyes, LKA Heidt Avenue, Middletown, NY, wanted for harassment, 2nd, bench warrant PL 240.26-1 (violation) Batavia Town Court DOW 4/11/17, wanted for bail jumping, 3rd, arrest warrant PL 215.55 (misdemeanor) Batavia Town Court DOW 10/26/17
Peter Carey, age 46, asian male, 5’5” 145 lbs., black hair and brown eyes, LKA 78th Street, Niagara Falls, NY, wanted for aggravated unlicensed operation, 2nd, bench warrant VTL 511-2a4 (misdemeanor) Darien Town Court DOW 3/21/19, wanted for bail jumping, 3rd, degree arrest warrant PL 215.55 (misdemeanor) Darien Town Court DOW 4/29/19
If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.
For the second year, Tri-County Youth Flag Football is offering boys and girls ages 5 to 14 the chance to play NFL-Flag Non-Contact Football.
Games are 5 on 5, fun and filled with a ton of action. Everyone will get to play and learn good sportsmanship and teamwork. Players can sharpen their football skills and learn new ones.
Practices will be one hour on Wednesday nights, with games of two 15-minute halves played on Sunday morning.
Register as an individual or with a friend.
Volunteer parents are requested for youth ages.
Teams consist of five to eight co-ed players. Age groups are: 5 to 7 / 8 & 9 / 10 &11 / 12 to 14.
You must register in person. Cost is $65.
Registration will be at T.F. Brown's restaurant in Batavia (214 E. Main St.) on the dates and times below:
For questions and more information, please contact Otis Thomas at (585) 993-0244 or Kevin Rogers at (716) 860-4551.
A traffic stop in the City of Batavia last night by police officers working a Neighborhood Enforcement Team detail yielded a cache of drugs and a pair of felony arrests.
Germayne D. Sessions, 25, of Cummings Street, Rochester, is charged with: criminal possession of a controlled substance, 3rd; criminal possession of a controlled substance, 7th; unlawful possession of marijuana; promoting prison contraband, 1st; falsify business records, 1st; criminal impersonation, 2nd; driving without a license; and a license plate violation.
Sessions was allegedly found in possession of crack cocaine and marijuana during the traffic stop. At the jail, he was allegedly found in possession of nine bags of heroin. He is also accused of providing police officers with a false identification.
Shakerra B. Walker, 18, of North Goodman Street, Rochester, is charged with criminal possession of a controlled substance, 3rd. She was allegedly found in possession of 35 baggies of crack cocaine.
Both Sessions and Walker were jailed without bail.
Participating in the traffic stop, along with Batavia PD, were the Sheriff's Office and members of the Local Drug Task Force.
At 10 a.m., Saturday, Godfrey's Pond on Griswold Road, Stafford, hosts the Companion Retriever Hunting Challenge. The event is open to the public.
The event is geared toward "every day" retrievers, dogs who are pets and companions and hunt with their masters as a hobby. All sporting breeds are invited to participate but only retrieving breeds will be scored. Dogs that hold field trial titles and hunt test titles may also participate but these dogs will not be scored.
Jim Beverly has been training retrievers for almost 55 years.
Andy Merkel was interviewed for the video. His dog Roy won the 2017 and 2018 Scenes Challenge and this year his daughter and her 9-month-old puppy will participate.
The registration fee is $35 with proceeds going to benefit the Geneses County chapter of ducks.org
It may still be possible to register. Call Beverly at (716) 474-4661.
Ayala is charged with: first-degree burglary; two counts of second-degree burglary; three counts of third-degree grand larceny; and two counts of fourth-degree grand larceny.
He was arraigned in Town of Batavia Court and released on his own recognizance on all charges.
He remains in the custody of the Genesee County Jail on unrelated charges.
Laqueasha M. Taylor, 25, of Bank Street, Batavia, is charged with: criminal obstruction of breathing; endangering the walfare of a child; and second-degree harassment. She was arrested on May 19. She was allegedly involved in a fight with another person at 5:39 p.m. on May 18 on Bank Street at Northside Meadows apartments. Taylor was issued an appearance ticket and is due in Batavia City Court on May 28. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Matthew Lutey.
Robert Oliver Taft, 45, of State Street, Batavia, is charged with criminally using drug paraphernalia in the second degree. At 2:39 p.m. on May 15, Taft was taken into custody on a sealed indictment warrant returnable to Genesee County Court. He was allegedly found in possession of drug paraphernalia during the course of his arrest Taft was arraigned in Batavia City Court and released on his own recognizance. He is still currently being held in jail without bail on the charges in the sealed indictment. The case was handled by Deputy Ryan DeLong.
Kaleb James Bobzien, 21, of Dellinger Avenue, Batavia, is charged with second-degree coercion, criminal obstruction of breathing, and second-degree harassment following the investigation of a domestic dispute on Dellinger Avenue at 10 a.m. on May 17. He was arraigned in Batavia City Court and jailed in lieu of $5,000 cash bail or bond. He was due back in city court on May 21. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Kevin DeFelice.
Tiesha D. Smith, 32, of Prune Street, Batavia, is charged with petit larceny. She was arrested at 1 p.m. on May 19 after allegedly shoplifting from the 7-Eleven convenience store on East Main Street in Batavia. She was issued an appearance ticket and is due in Batavia City Court on May 28. The case was handled by Batavia Police Officer Stephen Cronmiller.
Mark B. Skeet, 65, of Batavia Oakfield Townline Road, Batavia, is charged with aggravated unlicensed operation in the second degree -- mandatory suspension. On May 20, Skeet was arrested for allegedly driving outside of the parameters of his driver's license at 2:06 p.m. on May 17 on Evans Street in Batavia. He was arraigned in Batavia City Court and released under supervision. He was due back in court on May 20. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Davis.
Press release:
To highlight the importance of crosswalk safety and the proper use of a crosswalk, not only for pedestrians but motorists as well, there will be a Crosswalk Day on Wednesday, May 29, at the Bank Street crosswalk in front of the Office for the Aging and YMCA.
The event is sponsored by the City of Batavia in conjunction with the City of Batavia Police Department, City of Batavia Fire Department, City of Batavia Youth Bureau, Genesee County, Genesee County Office for the Aging, Genesee County Youth Bureau, Batavia YMCA, Boys Scouts of America, Rochester Regional Health (UMMC) and GO ART!
There will be a morning session taking place from 8:30 to 11:30 a.m. and an afternoon session taking place from 3 to 5 p.m.
There will be volunteers from the YMCA, Rochester Regional Health (UMMC), Boy Scouts of America and Office for the Aging assisting throughout the day.
GO ART! is providing the sidewalk chalk art for the event. The new signs and striping have been provided by City of Batavia Public Works and Genesee County. Also, City of Batavia Police and Fire Department will be assisting with the event.
Press release:
The Batavia Girls Fastpitch Softball organization, with sponsorship from the Batavia Lions Club, is hosting a 12U six-team Memorial Day Weekend Tournament this Saturday, May 25.
Teams include Batavia Stingers Black, Batavia Stingers Yellow, Le Roy, Lyndonville, Perry and Oakfield-Alabama.
Games will take place at fields at John Kennedy School, Batavia Middle School, and Lions Park.
Start time for the first round of games is 8:45 a.m., with the second set of games getting underway at 11 a.m.
Semifinal action begins at 2 p.m. with the Championship game being played at 5:15 p.m. at Lions Park. It is located at 11 Wallace St. in Batavia.
The City of Batavia Fire Department, sponsor of Stingers Softball 12U Yellow team, will be at John Kennedy field presenting our nation’s flag during the playing of the National Anthem prior to the start of the first round of games.
The Batavia Stingers 10U Yellow team will also be on hand to show support for the older age division.
Rain date will be this Sunday (May 26) in the event that games must be suspended on Saturday.
The Batavia Girls Fastpitch Softball, a 501(c)(3) organization founded in 2017, would to thank the Batavia Lions Club for their generous support of this event.
Open House Saturday 11a.m. - 1 p.m.: 5 Holmes Ave., Batavia. Here's one to see! This midcentury modern home is superbly built, lovingly maintained, and well cared for. The layout to this almost 2,400-square-foot home is spacious and well planned. There's a spot/space for everything and everyone!
The lower family room area with wet bar and sliding doors opens to sweet backyard, a beautiful and bright front living room that really outdoes itself, leading to formal dining area with gorgeous built-in hutch.
Kitchen is large and more cupboards then most use these days. Upper level offers three large bedrooms, two with beautiful hardwood floors and an oversized master bedroom with half bath and large walk-in cedar closet.
Basement has poured walls, an extra shower stall, should someone need it, and loads of storage space. Garage has been used for workshop/puttering area!
Call Lynn Bezon today, 585-344-HOME or click here for more information on this listing.
A statement from Assemblyman Steve Hawley:
"Today, I join millions of Americans who honor the sacrifice paid by fallen soldiers and their families. Generation after generation, beginning with the American Revolution, soldiers have stood ready to defend their country, freedoms and civil liberties with their lives.
"As a result of that sacrifice, our nation has been free, prosperous and the envy of the world throughout its history.
“Americans owe a special debt of gratitude to our fallen soldiers and gold star families. I am especially grateful that my colleagues in the state Assembly finally joined an effort I have long championed to grant the dependants of fallen soldiers free college tuition.
"I am also proud to continue the tradition of Patriot trips to Washington, D.C., the annual trip I take with veterans and their families to visit the Capitol of our country, which they fought so hard to protect.
“As the son of a World War II veteran and a veteran of the military myself, standing up for veterans is a duty I will never overlook. That is why I cherish my position on the Veterans’ Affairs Committee in the Assembly.
"In the coming weeks, I look forward to continuing my fight for legislation to exempt honorably discharged veterans from Thruway tolls, veterans over 85 years old from paying state income tax, and extending state benefits to promote veteran-owned businesses.
“Nevertheless, on this Memorial Day I want to extend a special salute to our fallen soldiers and all of our nation’s Gold Star families. As a nation, we must never forget their extraordinary service and patriotism.”
A head-on collision between a pickup truck and car is reported at 2447 W. Main Street Road, East Pembroke. East Pembroke Fire Department and Mercy medics are responding.
UPDATE 12:40 p.m.: Mercy Flight is called to the scene. The location is near Ron and Newt's auto repair business.
UPDATE 12:50 p.m.: One person was transported by Mercy Flight to ECMC; the patient was conscious and alert.
UPDATE 1:13 p.m.: A white sedan was eastbound on West Main Street Road when the driver crossed the center line of the roadway and struck a westbound work truck head on. The driver of the sedan was airlifted to ECMC; the driver of the work truck was taken by ground ambulance to UMMC.
The U.S. Marshall's Office says a man who is accused of running over his ex-wife multiple times with his truck, seriously injuring her, May 17 could be in the Batavia or Albion area.
Crime Stoppers Buffalo is offering a $2,500 reward for information leading to the arrest of Shane Hescox, a 5-foot, 11-inch, 190-pound white male.
His last known address is 8422 Carol Court, Wheatfield, in Niagara County.
Investigator Brent Novak said Hescox has known ties to Batavia and Albion.
He also has a violent criminal history, Novak said, and though he's not known to have a weapon, citizens should not try to apprehend him.
Novak said he has several tattoos, including the ones seen on his neck as well as tattoos on his fingers.
Hescox is wanted by the Niagara County Sheriff's Office and the Marshall's Service and is facing a charge of assault in the second degree.
People with information that could lead authorities to locate him should call Crime Stoppers at (716) 867-6161 or call 9-1-1.
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