Press Release:

Tobacco Free Genesee, Orleans and Wyoming (TF-GOW) and Reality Check invite youth ages 13-18 to participate in a contest aimed at shining a spotlight on the tobacco industry’s use of smoking imagery on screen to normalize and glamorize tobacco use. The statewide winning video will be highlighted on the Reality Check and Tobacco-Free New York websites and promoted through social media. 

As reported by The University of California San Francisco’s in its Smoke-Free Media ‘What is Hollywood Hiding from Parents Action Toolkit:

“Big Tobacco secretly bought its way on screen for decades. The U.S. entertainment industry still refuses to give parents and audiences advance warning before exposing kids to tobacco imagery that is proven to recruit millions of new young smokers and kill them as adults. Tobacco on screen is the single biggest media risk to children and teens. Hollywood has known of the danger since at least 2003. Yet movie studios and TV producers have never updated their rating systems to even mention smoking or tobacco. They are concealing toxic content. Ratings, warnings, and TV parental controls all need to be reinforced to stop tobacco addiction from trapping another generation. With the streaming revolution now underway, it’s easier than ever for kids to watch movies and TV shows packed with toxic tobacco content. And, the more young people see smoking on screen, the more likely they are to start smoking."

Contest Details:

Create a 60-second video exposing the tobacco industry’s manipulative tactics within the entertainment industry. Show how tobacco imagery is used to promote and glamorize smoking and e-cigarette use. Judging will be based on quality, creativity and effectiveness, and accuracy of messages. Each video must have the following key facts and a minimum of one key statement from the following:

 

Key Facts:

 

1.    Youth who are exposed to images of smoking in movies are more likely to smoke. (US Surgeon General)

2.    It is projected that on-screen smoking will kill two million U.S. children and teens alive today. (US Center for Disease Control)

3.    R-rating future movies with smoking would reduce the youth smoking rate in the United States by 18%. (US Center for Disease Control)

 

Key Statements:

 

·       One little letter could save a million lives. Rate smoking R. 

·       Protect youth from on-screen exposure to tobacco. 

·       Smoking in movies kills in real life. 

 

Video submissions are due February 9, 2022. One video will be recognized as the statewide winner. This video will live on www.realitycheckofny.com and highlight the issue through the lens of New York State youth. Four regional winning videos will also be awarded and recognized at the regional level. All winners will be announced on March 9, 2022 as part of the New York Tobacco Control Program’s annual Statewide Legislative Education Day. All awards will be recognized at regional press events (dates and locations to be determined) and promoted through local media outlets. All youth participating in the contest will receive a Reality Check Swag Bag. 

For complete contest rules and to submit entries, visit www.realitycheckofny.com. For questions specific to the contest, please email tobaccofree@cvfamilycenter.org

 

James L. Simonds is indicted on counts of burglary in the third degree, false report: fire, explosion, hazardous substance upon school grounds, and endangering the welfare of a child. Simonds is accused of entering John Kennedy School, 166 Vine St., Batavia, on Jan. 28 with the intent of committing a crime and while at that location did communicate false or baseless information about the occurrence or impending occurrence of a fire, explosion, or hazardous substance, on school grounds in a manner that was likely to cause public alarm. He is accused of knowingly acting in a manner to be injurious to the physical, mental, or moral welfare of a child.

Cynthia M. Mack is indicted on counts of burglary in the third degree and criminal mischief in the fourth degree.  Mack is accused of entering a dwelling on Lake Street in Le Roy on June 4 with the intent of committing a crime and while in the dwelling did intentionally damage property.

Robert C. Strollo is indicted on a count of failure to register a change of address as a sex offender. On or about Dec. 1, 2020, Strollo allegedly failed to register a change of address with the NYS Criminal Justice Service within 10 days of changing his address from a residence on Bethany Center Road, Bethany.

Members of a committee charged with updating the Town of Batavia’s solar law on Wednesday night acknowledged that a compromise on setback distance requirements may be in order after hearing from two couples seeking to place ground-mounted systems on their property.

Speaking at an informational meeting at the Town Hall on West Main Street Road, Dan Reuter, a Corfu resident, said he has issues over the 200-foot setback criteria listed in the final draft of the town’s Solar Energy Local Law.

Reuter and his wife, Kathy, own 68 acres on Alexander Road (Route 98) in the Town of Batavia.

“The setbacks proposal is extremely constraining,” Reuter said, adding that such a condition would put an end to his plan to place a 1.8-megawatt solar array on 9 acres of his property. “It will make it not viable.”

As currently written, the final draft stipulates that Tier 3 systems shall meet the following requirements:

• Be setback from any non-participating property line by 200 feet;
• Be setback from any participating property line by 20 feet;
• Be setback from any adjoining, participating property existing structure by 30 feet;
• Be setback from any adjoining, non-participating structure by 500 feet.

Reuter said his property is vacant and, for the most part, unusable, farm land that already is limited in scope due to requirements of the New York State Department of Environmental Conservation. He said that he is looking to put in the solar system to assist in the couple’s retirement.

“We ask that you would revisit that,” he said, noting that 200 feet “would kill us” but that a 50-foot setback would work.

John and Kerry Hylkema said they applied in 2016 for a permit to place solar on their property on Alexander Road.

 “We saw other solar farms go in,” Kerry said. “and we’ve been waiting and waiting.”

Her husband said he also disagreed with the setback requirements, and asked for the committee’s “consideration to work with us.”

Buffalo attorney Charles Malcomb, representing solar developer Renewable Properties on behalf of the Reuters and Hylkemas, referred to a letter that he wrote to the committee highlighting other projects where the setback was less than 200 feet.

“The main issue is the setback from non-participating properties,” he said. “Two hundred feet is a real problem.”

Malcomb pointed to projects in the towns of Alabama and Sardinia where a 50-foot setback was in place.

“We think that’s a sufficient setback,” he said, noting that screening provisions would help to “hide” the panels – one of the goals of the solar law.

At that point, Dan Lang, who also is the town’s building inspector, asked other committee members to weigh in on the 200-foot setback. He then proposed keeping the 200-foot limit on the front and changing it to 50 feet on the side and rear.

“The intent is to get these away from roads and houses,” he said.

Committee member Nancy Brach, a town resident, asked Malcomb to modify his renderings to show various distances, and he agreed that he would fulfill that request.

The committee has been working on a new solar law – one that would mesh with the town’s Comprehensive Plan – for about a year.

Drew Reilly (photo above) of Wendel Companies of Williamsville is the group’s consultant and he spoke at length last night about the progress it has made.

Reilly said that the solar environment is changing rapidly.

“If you have a solar law and it’s more than three years old, it’s probably outdated,” he said. “NYSERDA (New York State Energy Research and Development Authority) is even updating its law” (because it doesn’t address everything).

Lang said the committee will take another look at topics brought up last night (others included the percentage of Smart Growth land to be used for solar and the role of planning boards and zoning boards of appeals in the process) and submit the revised law to the Batavia Town Board sometime next month.

Town Supervisor Gregory Post, who was in attendance, said he hopes to have the law passed by April. Before that can happen, the law needs to go through a State Environmental Quality Review, review by the Genesee County Planning Board and Town Planning Board, and a public hearing.

Photo: Town of Batavia solar committee members, from left, Brittany Witkop, Nancy Brach, Dan Lang, Paul McCullough. Reilly is at right. Photos by Mike Pettinella.

Previously: Town of Batavia committee drafts revised solar energy law, sets informational meeting for Dec. 29

Press release from Carl Hyde, Jr, Bethany Town Supervisor:

The NY State Comptroller has given his consent to the Bethany Water District # 5, which is a $ 16,680,000 project funded by USDA thru Rural Development. The Town of Bethany will proceed with David DiMatteo the Towns attorney and Clark - Patterson Lee the Towns engineering firm to move this project to reality.

Q. What is a Workers’ Compensation claim?

A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at (585) 815-9003. For further questions regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

Senior forward Gavin Schrader's third goal of the game -- coming just 21 seconds into the third period -- enabled Batavia Notre Dame United to gain a 6-6 tie against Hamburg in non-league varsity hockey tonight at the LECOM HarborCenter in Buffalo.

Trailing 6-5 after two periods, Schrader beat Hamburg goaltender Gavin Waite, with assists going to senior linemates Zack Eschberger and Vin DiRisio.

United, now 5-3-1, was unable to find the back of the net the rest of the way, however, despite outshooting the Bulldogs, a Section VI club, 15-1 in the third period. Both teams had four shots on goal in the five-minute overtime period.

Hamburg took a 3-2 lead after one period with senior forward Luke Stotz scoring twice around a power play goal by junior forward Josh Gregoire. BND's goals were by Schrader (from DiRisio and Eschberger) -- see photo above -- and DiRisio (from junior defenseman Noah Hudson and freshman forward Jameson Motyka).

The wide open play continued in the second period as both teams scored three goals. 

Schrader and Eschberger opened the scoring in the period, giving BND a 4-3 edge, before the Bulldogs countered with a goal by junior forward Braeden McGuire.

United took a 5-4 advantage on a goal by junior forward Ronin Hofmaster 10 minutes into the period before Hamburg rallied to take the lead on goals by senior forward Luke Nassoly and sophomore defenseman Matt Holst.

BND outshot Hamburg, 40-29. Senior Courtney Schum was in goal for United.

Schrader now has 18 goals and 16 assists, while DiRisio upped his goal and assist totals to 11 and 10, respectively. Hofmaster's goal was his seventh of the season to go along with his 14 assists.

United is back at the HarborCenter for a 4:15 p.m. game on Thursday against Frontier.

To view or purchase photos, click here.

Photos by Steve Ognibene

Vin DiRisio connects for a power play goal in the first period.

Brady Johnson looks to maneuver past Hamburg's Alex Wood (55).

Zack Eschberger (middle) gets some high-fives from DiRisio and Jameson Motyka after his power play goal in the second period.

Motyka seeks an opening in the Hamburg defense.

United's Ronin Hofmaster pokes the puck past Waite to tie the game at 5-5.

A Stafford man has been charged with multiple felonies in connection with an incident on Saturday that led to Route 5 being closed to traffic in both directions for several hours.

Christopher C. Say is accused of setting a detached garage on fire at a residence on Main Road in Stafford and being uncooperative when crews from the Stafford Fire Department arrived on the scene.

Say allegedly barricaded himself in the garage and claimed explosives would detonate if the garage was approached.

Sheriff's deputies evacuated residents from the immediate area.

Along with Batavia Police Department's emergency response team, negotiators from both Batavia PD and the Genesee County Sheriff's Office were dispatched.

After negotiations stalled, Say allegedly drove a motor vehicle backward through a closed garage door, breaking the garage door and damaging the vehicle. He reportedly continued down the driveway, striking a fence and a marked patrol car.  He was then taken into custody without further incident.

During the incident, Say also allegedly burned another person's face causing a physical injury.

Say is also accused of possessing a metal knuckle knife.

Investigators claim there was evidence found in the garage to support Say's claim that the garage was equipped to explode.

Say was arraigned in Stafford Town Court and charged with:

• Making a terroristic threat, a Class D felony
• Criminal possession of a weapon 3rd, a Class D felony
• Criminal mischief 2nd, a Class D felony
• Attempted arson 3rd, a Class D felony
• Criminal mischief 3rd, a Class E felony.

Say was ordered jailed on $20,000 bail, $40,000 bond, or $80,000 partially secured bond.

Also assisting in the incident were New York State Police, New York State Department of Environmental Conservation, Genesee County Emergency Management, and Mercy EMS.

Photo: File photo from Saturday

Previously: Route 5 closed in Stafford

Gary Patnode, a coordinator with the Emergency Management Office, hands out N-95 masks at a distribution location on Alva Place this afternoon.  Patnode said that as of 4 p.m., the county had distributed more than 3,000 masks, two to a person or four to a household.  The mask distribution is continuing until 6 p.m.

After trailing for much of the game, including, at times, by double-digits, the Batavia Blue Devils put together a final quarter rally but still fell short against Attica, 50-48.

Carter McFollins scored 19 points for Batavia while Tanner Mountain added 12 points.

For Attica, Simon Lamparell scored 16 points and Luke George scored 10.

Attica advances to the championship game at 9 p.m., Thursday, at the GCC gym against Le Roy.

For more game photos, click here.

The Fighting Irish are advancing to the championship round the 39th Annual Lions Club Tournament in the small school division after beating Alexander on Tuesday 66-51.

Notre Dame will play Oakfield-Alabama at 7 p.m., Thursday.

For the Irish, Cody Henry scored 22 points, Jordan Welker, 17, Ryan Fitzpatrick, 11, and Jimmy Fanara, nine.

For the Trojans, Nick Kramer scored 14 points, Dylan Pohl, 10, and Trent Woods, 8.

For more game photos, click here.

In a first-round game of the small schools' division of the annual Lions Tournament at GCC, Oakfield-Alabama beat Elba 60-44.

For the Hornets:

• Gaige Armbrewster, 20 points, 11 rebounds, 6 assists, 4 steals
• Kam Cusmano, 15 points, 6 rebounds, 4 assists, 4 steals
• Kaden Cusmano, 12 points, 11 rebounds, 5 assists, 2 blocks

For Elba, CJ Gottler scored 25 points.

O-A is now 5-0 on the year.

Photos by Kristin Smith.  For more, click here.

Glenn Howard Wright, 51, of Broadway Street, Bethany, is charged with DWI, consumption of alcohol in a motor vehicle, no seat belt, and stopped in the roadway on a public highway.  Wright was arrested after deputies David Moore and Kyle Krzemien were dispatched at 2:41 a.m., Dec. 28, to the 6700 block of Clinton Street Road, Stafford, for a report of a vehicle parked in the roadway.   Wright was issued an appearance ticket.

Amber Lynn Turner, 28, of South Main Street, Batavia, is charged with petit larceny.  Turner is accused of shoplifting from Walmart in Batavia at 3:33 p.m., Dec. 28. She was issued an appearance ticket.

Press release:

Congressman Chris Jacobs (NY-27) and Congressman Tim Ryan (OH-13) announced their legislation, the Reservists Opportunity Act (H.R. 5063), was signed into law by the President as part of the FY22 National Defense Authorization Act. The legislation was also introduced in the Senate by Senators Jacky Rosen (NV) and Joni Ernst (IA).

“Ensuring America’s military is ready to face any threat to our nation requires us to retain the best men and women our country has to offer,” Jacobs said. “The Reservists Opportunity Act helps accomplish that goal by streamlining the process for our citizen-soldiers in the National Guard and Army Reserves to access active-duty opportunities. I’m proud to have successfully led this bipartisan effort to set our military up for future success, and I look forward to seeing our citizen-soldiers find new opportunities to serve our nation.”

"When members of our National Guard and Reserve want to step up to serve full-time, the last thing that should stop them are technological barriers. This Reservists Opportunity Act will ensure these servicemembers can access the opportunities available for active-duty service from their personal devices. I’m proud to have worked with my Republican colleague Chris Jacobs and Senators Joni Ernst and Jacky Rosen to get this important legislation across the finish line for our Guard and Reserve members," said Rep. Tim Ryan.

“Army reservists in Iowa, and across the country, should be able to easily access information on opportunities to grow their careers and find positions that best match their skill sets,” said Senator Ernst. “This bipartisan effort will ensure reservists can securely utilize the Tour of Duty system, and in turn improve military readiness and retention. I’m thrilled to see it signed into law.”

“Removing unnecessary red tape and providing more flexibility to securely search for career-enhancing active-duty opportunities is going to help our soldiers in the Army National Guard and Reserve,” said Senator Rosen. “I’m glad to see our bipartisan plan become law through the national defense bill, so we can help the Army find existing talent within their ranks, grow soldiers professionally, and better serve the needs of the nation.”

“Providing ease of access for Citizen Soldiers to find their next opportunity to serve is vital to their growth as soldiers and the readiness of the reserve force,” said ROA’s Executive Director, retired U.S. Army Maj. Gen. Jeffrey Phillips.  “ROA is proud to have been an initial partner with Congressman Jacobs in allowing the Tour of Duty system to be accessed at home, removing any barriers to soldiers looking to be “twice the citizen” and schedule the next time they can serve their country in uniform.”

The Reservists Opportunity Act (H.R. 5063), would allow for members of the Army Reserves and National Guard to access the Army’s “Tour of Duty” system from personal devices, greatly improving access and making it easier for reservists and guardsmen to access active-duty opportunities. Currently, this system can only be accessed at locations with Department of Defense (DoD) network access. More information on this legislation can be found here.

Press Release:

Genesee County is set to host a free KN95 mask distribution on Wednesday, December 29 from 2 p.m. to 6 p.m. at the Alva Place parking lot, located on the corner of Alva Place and Bank Street in Batavia.  Additional KN95 masks will be available to the public during normal business hours at the Genesee County Clerk’s Office in County Building 1 at 15 Main St, Batavia, and the Genesee County Department of Social Services at 5130 East Main St, Batavia, while supplies last.  The free masks are provided by New York State.  

“We appreciate New York State stepping up to help us prevent the spread of COVID 19 and in particular the highly contagious Omicron variant by providing these highly effective masks,” said Genesee County Legislature Chair Shelley Stein.  “This will go a long way to helping our businesses, especially our retail businesses stay open, over the next several days as we welcome in the New Year.”

Residents can also sign up an upcoming COVID-19 vaccination clinic to receive their first dose, booster shot, or a pediatric dose for children age 5-11 here.

 Led by BID Interim Director Shannon Maute, FeBREWary is set for 5 to 8 p.m. Feb. 26 in downtown Batavia.

“We’re hoping to have a lot more people participating and will want to get out and go downtown,” Maute said during an interview Tuesday. “We’re still accepting applications … and tickets are only being sold at Eventbrite.”

Run in a similar fashion to BID’s popular wine walk, FeBREWary will take place at 20 downtown businesses and focuses on tasting the brew. There will also be hard cider for those that don’t like beer as much, Maute said. Folks will have three hours to walk, sample from New York State craft breweries, and check out the downtown merchant goods. 

Maute’s name may seem new, but she has served on BID committees for quite a while now, she said. A former event coordinator and office manager for Eli Fish, the Batavia native worked on FeBREWary, Christmas in the City, and wine walk events. BID members recently began seeking applications for the BID director position after Beth Kemp announced she was leaving earlier this month. Maute was hired as interim director to fill the gap. 

The organization has received some applications, including one from Maute, she said. As someone who has “helped with a lot of events,” she would like an opportunity to fulfill the director’s duties, she said.

“I find it very exciting; it’s an amazing opportunity to get business downtown,” Maute said. “Beth has done a great job, and I would like to continue that. Whether or not I get the position, I will be driving FeBREWary."

A total of 600 tickets will be sold, and can only be purchased online. General admission is $25, and all participants will receive a commemorative beer glass. VIP tickets are $35 and will allow participants entry an hour earlier at 4 p.m., plus exclusive specials, raffle tickets, and a commemorative gift. Tickets for $5 will also be available for designated drivers.

For more information, call (585) 344-0900. To buy tickets, go to: https://downtownbataviany.com/index.php/febrewary/

Top photo: Interim BID Director Shannon Maute shows the poster and glass for the next FeBREWary set for Feb. 26 downtown Batavia. Photo by Howard Owens.

The trustee in the Michael S. Tomaszewski bankruptcy case has asked the court to order Tomaszewski's wife to turn over an anticipated income tax refund once it is received.

Attorneys for Trustee Mark J. Schlant filed the motion last week after Tomaszewski was sentenced to two to six years in prison for defrauding funeral pre-arrangement customers out of, collectively, more than $500,000. 

According to the motion, Michael and Valerie Tomaszewski have jointly claimed refunds of $27,121 for their 2019 and 2020 income tax filings. 

The motion asks the court to order Valerie to turn over $13,560 to the court to help settle some of Michael Tomaszewski's debts.

"The Trustee understands that the Debtor recently might have become somewhat limited in his ability to deal with matters such as this and that the necessary arrangements might put Mrs. Tomaszewski in control of the funds," the motion reads. "Therefore the Trustee wishes to secure Mrs. Tomaszewski's cooperation in effecting the turnover."

The bankruptcy judge, Robert H. Jackson, has not yet responded to the motion.

In bankruptcy filings, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. 

At his sentencing on Dec. 22, Judge Charles Zambito ordered Tomaszewski ordered the former funeral home operator to pay $569,434.92 in restitution to his victims, starting at $2,000 a month once he's released from prison.

Tomaszewski admitted to misappropriating funds from clients who paid for pre-arrangement services. There were at least 91 such victims.  Many of those victims have filed stipulations with the bankruptcy court protecting those debts from discharge through the bankruptcy process.