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.”

Residents throughout the county proudly display their Christmas trees in front windows so every passerby might enjoy the Christmas spirit.  Here are a few such trees in Batavia.

Today, VivIFY Hydration Lounge & Medispa hosted its grand opening and ribbon cutting at 413 East Main Street, Batavia.

The spa offers intervenous hydration along with the administration of vitamins, minerals, and nutrients appropriate to the client's needs.  The IV process enables the body to absorb 100 percent of the nutrients, a result not possible through pill-based supplements.

Infusion options include increased immunity, athletic recovery, a cure for a hangover, a metabolism boost, migraine relief, and hunger suppression. 

Appointments can be made by calling (585) 494-7411.

The former Santy's Tires building on Ellicott Street, which along with the former Soccio & Della Penna building, is part of a redevelopment effort downtown known as Ellicott Station, is nearly gone as construction on the $22 million project continues.

The brownfield redevelopment site has been vacant for many years and has been a challenge to redevelop because of environmental contamination.  Grants and tax abatements, about 15 percent of the project's funding, help offset the cost of environmental clean-up.

Savarino Companies of Buffalo is the project developer. It will include 55 apartments, office space, and a restaurant.

Wastewater treatment facility disinfection projects in the Town of Pavilion and Villages of Bergen, Elba and Le Roy have been identified for funding through Round XI of the Regional Economic Development Council’s program to improve water quality, combat harmful algal blooms and update aging infrastructure across New York State.

Gov. Kathy Hochul, in a press release issued today, announced that more than $272 million is being awarded to 179 projects to protect and improve water quality.

These awards are in addition to the $196 million awarded to 488 projects from multiple State Agency programs through Round XI of the Governor's Regional Economic Development Council Initiative announced last week to stimulate New York's post-pandemic economic recovery.

“Our state's economic development goals cannot be achieved without clean water for drinking, recreation, and the overall quality of life New Yorkers expect and deserve,” Hochul said. “These sustained investments in water quality improve the health of our communities while creating economic opportunity through well paying, long lasting jobs.”

The Water Quality Improvement Project grant program is administered by the state Department of Environmental Conservation and funds projects that directly address documented water quality impairments or protect a drinking water source.

Genesee County grants -- all to install ultraviolent effluent disinfection at the municipalities’ wastewater treatment plants -- will go to the following initiatives:

• Town of Pavilion: This project will improve the quality of treated effluent entering the Oatka Creek. $428,000.

• Village of Bergen: This project will improve water quality by reducing pathogens in the plant's discharge. $137,500.

• Village of Elba: This project will improve the quality of treated effluent entering the Oak Orchard Creek Tributary. $288,750.

• Village of Le Roy: This project will improve water quality by reducing pathogens in the treatment facility's discharge to the Oatka Creek. $1,000,000.

Press Release:

The Genesee County Chamber of Commerce is excited to the 2022 Home Show has been scheduled for April 8, 9 & 10, 2022. The Show will be held at the Batavia Ice Arena, 22 Evans Street, Batavia. Vendor applications are being accepted at this time. Applications can be downloaded from the Chamber’s Clickable-Home-Show-Contract.pdf  (geneseeny.com) and are available at the Chamber’s office, 8276 Park Road. Space is limited and on a first come basis.

 

It is Christmas Sweater Day at Batavia Middle School.

Top photo: Evan Patrick, 5th grade, models his sweater.

Demarius Johnson, 5th grade

Reid Presley, 5th, and Robert Thurston, 5th.

EIghth-graders Kritina Buchanan, Alora Becket, Mimi Weicher, and Paige Harmon.

Vice-principal John-Martin Cannon and Principal Nate Korzelius.

Tom Dix is looking for a little help from his friends as he and his mother carry on their mission of renovating the historic Union Hotel at the corner of Main Street and Maple Avenue in the Village of Corfu.

Dix, who owns Potter Lumber on Maple Avenue with his mom, Mary, is in the midst of the monumental task of bringing the restaurant, bar, eight-lane bowling center and, eventually, the 16-room hotel back to life.

Determined as ever, he said it’s a matter of “when” and not “if” the project is completed.

Purchased by Tom and Mary in September 2018 – they closed on the property on the birthday of Mary’s late husband, Bill – the 25,000-square foot, three-story building has had multiple owners over the years.

It was built in 1828 and served as a stagecoach stop for travelers passing through Western New York in the 19^th century. The facility has been closed since around 2013.

Tom Dix said he and his mom couldn’t stand by anymore and watch it deteriorate further.

“We would drive by every day, sometimes twice a day, and saw that it was dying and falling apart,” he said.

So, he decided to invest his time and money (likely $200,000-plus when it’s all said and done) into fixing it – starting with the exterior, which has taken on a new look thanks to local artists/craftspeople Charlie Flagg, Sue Weber and Mark Zimmermann.

Flagg and company are in the process of painting murals of scenes that depict notable moments in the village’s history, while Dix is fortifying the roof, installing vinyl siding and making other repairs to beautify the outside walls.

“Now, we’re just about ready to go to town on the inside,” said Dix, noting that reopening the restaurant and bar are priority No. 1. But to move things along at a quicker pace, he is appealing to community members to roll up their sleeves and help out – and he will pay them for their time on a per diem basis.

“I really don’t have a timetable; it’s just that we have been hindered by a lack of workers,” said Dix, adding that he has handled all of the engineering and design aspects of the project.

He said the electric and heating were upgraded by Shayne Poodry, who owned the building from 2007-2018, but much work needs to be done in the areas of insulation, drywall, doors and windows, the cupola, chimney, lanes and pinsetters (at the former Andrews Lanes).

Mary Dix said she is convinced that Union Hotel means a lot to village residents and the Pembroke area in general.

“It has been here forever,” she said. “The whole community is enthusiastic about what we’re trying to accomplish.”

Flagg, who has been painting for more than 40 years, said Tom Dix contacted him last winter about doing something on the outer walls.

“They called me because they knew of my reputation, I believe, of being a muralist in the area,” Flagg said. “And we got together and I told him, I’d think about it last winter, when I went to Florida. I thought about it down there. And I came up with the idea of bringing the history of Corfu around the outside perimeter of the building.”

Flagg, 78, said there are 10 murals on one side (facing Maple Street) and there will be more on the Route 33 side.

“That’s going to have the new Veterans Cemetery that is on Route 77 and the Fun Country (Six Flags Darien Lake) amusement park and large angel wings where you can stand up and have your picture taken – and you’ll become an angel,” he said.

The back (south side) of the building will feature old signs, such as “Buy a Chevy for $580” and “Sirloin Steak at 18 cents a pound,” Flagg said. “Nothing but signs and bricks on the back.”

He credited Weber and Zimmermann for their contributions.

“Sue is a fantastic painter – that’s why I wanted her to interject her thoughts into the project, and Mark has been a godsend. I wouldn't have got nowhere near as far as I’ve done without him.”

Flagg said that Zimmermann is going to step up to the lead role in the near future.

“I'm getting ready to hang it up because I'm getting pretty old. But he he's got the ability to take over,” he said. “Our plan is to finish it next spring when I return from Florida.”

The Union Hotel venture is just a start, Flagg said.

“If you look across the way you got Burling Drug Store, which is going to have five murals on it. And there are four or five other projects,” he advised.

“This town is going to be a picture town. You’ve got a million people that drive by 77 and 33 every year. We are trying to get them to stop here in Corfu …  to draw people in, to create some interest and, hopefully, when they’re here, they’ll spend a few bucks.”

Photo at top: Tom and Mary Dix on the front porch of the Union Hotel in Corfu; Photos at bottom: Murals on the outside of the building that illustrate the village's history (the bottom one is of the Dix family). Photos by Howard Owens.

VIdeo about the project from 2019: