The attorney representing Michael Nolan, the former chief operating officer of Western Regional Off-Track Betting Corp., said today that he plans to appeal a federal district court judge’s ruling to dismiss Nolan’s lawsuit against the public benefit corporation.

“The misconduct on the part of WROTB is the subject of inquiries by state and federal agencies, and for good reason,” said Steven M. Cohen of the HoganWillig law firm in Amherst. “We are confident justice will be done, despite the strong political influence of President Wojtaszek and the lobbyists and attorneys on his payroll.”

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District court judge dismisses suit against Western Regional OTB by former employee

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Cohen said an appeal will be filed within 30 days of the entry of Judge Skretny’s order, pursuant to FRAP Rule 4(a)(1)(A).

On Wednesday, Justice William Skretny of the Western District of New York in Buffalo, dismissed – based on statute of limitations -- a suit by Nolan, who claimed that his federal First Amendment rights were violated when he alleged that he was retaliated against by WROTB leadership for speaking to federal agencies about alleged improper practices at the Batavia-based corporation.

While Skretny’s ruling closes the case at the federal level, other aspects of the lawsuit – New York State Causes of Action – will continue, Cohen said.

“We are confident that at least parts of Judge Skretny’s Decision and Order will be overturned, but even if not, the State Causes of Action will be going forward, and Messrs. Wojtaszek and Bianchi, and others, will be deposed as part of the New York State Causes of Action,” Cohen offered. “Judge Skretny’s order specifically dismissed the ‘federal Causes of Action’ without prejudice as to the State Causes of Action.”

Cohen was referring to Henry Wojtaszek, WROTB president and chief executive officer, and Richard Bianchi, WROTB board president.

He said that the Notice of Appeal will be filed with the Clerk of the United States District Court for the Western District of New York. The formal appeal is to the 2nd Circuit Court of Appeals, located in New York City.

“After we file the Notice of Appeal, we need to perfect the appeal, submit briefs, as will our opponents, and then the matter will be heard by the 2nd Circuit,” Cohen said.

A U.S. District Court judge today dismissed a lawsuit against Western Regional Off-Track Betting Corp. that was filed by Michael Nolan, a former chief operating officer of the public benefit company based in Batavia.

Justice William Skretny, representing the Western District of New York in Buffalo, based his ruling on a statute of limitations issue regarding Nolan’s claim that his First Amendment rights were violated when the corporation’s leadership allegedly retaliated against him for talking to federal agencies about alleged improprieties.

Nolan contended that he was fired from his position in December 2020 after being ostracized since April 2019 for sharing information with federal and state authorities as part of an inquiry into practices such as health insurance plans for board members, use of sports tickets and luxury boxes, and awarding of contracts.

WROTB officials retained legal counsel to fight the allegations – eventually filing a Motion to Dismiss -- and the matter has been tied up in court until today’s ruling.

“We are gratified by today’s District Court decision,” WROTB President and Chief Executive Officer Henry Wojtaszek said in a press release. “From the beginning we have stated that these accusations were politically motivated.  We continue to believe that any thorough examination of the facts would show Western OTB acted in an appropriate and professional manner.

“The ruling by Judge Skretny was clearly well researched, well-reasoned, and came to the right conclusion. We will continue to focus on being a model OTB in the state and providing our customers with the best possible experience. Results matter, and the leadership at WROTB has made decisions that have resulted in record revenues being disbursed to our partners in local governments across the area. We look forward to building on that success now that these baseless allegations have been dismissed.” 

In his ruling, Skretny wrote that since Nolan’s claims alleging First Amendment retaliation ran from the first alleged instance of retaliation, “accruing not later than April 30, 2019.” Another complaint dated August 2021 came too late, the judge ruled, citing the statute of limitations at 1 year and 30 days after the first alleged instance.

“Therefore, Plaintiff’s (Nolan’s) First Cause of Action for First Amendment retaliation is dismissed as untimely and Defendants’ (WROTB) Motion to Dismiss … this cause of action is granted.”

Skretny concluded by stating that “absent an original jurisdiction claim, this Court also declines to exercise supplemental jurisdiction over Plaintiff’s remaining state law claims and dismisses them without prejudice. Thus, Defendants’ Motion (id.) to dismiss the Second through and Fifth Causes of Action is granted. Therefore, Defendants’ Motion to Dismiss … is granted and the case is closed.”

In August 2021, attorney Steven M. Cohen of HoganWillig, PLLC, of Buffalo filed a lawsuit on behalf of Nolan against WROTB, Wojtaszek and Richard Bianchi, chairman of the board of directors. The suit asked for Nolan to receive $4.5 million for violating his First Amendment rights (First Cause of Action), plus another $4.5 million for breaking the state’s Civil Service Law (Second Cause of Action) and additional $5.5 million for emotional pain and suffering (Third Cause of Action).

The Fourth Cause of Action sought indemnification and/or reimbursement of Nolan's attorneys’ fees from WROTB for representation for his appearance before the federal Grand Jury, and the Fifth Cause of Action alleged that WROTB violated New York Labor Law by retailing against Nolan.

Wojtaszek, in the press release, said he believes the dismissal once again vindicates the corporation.

“WROTB has won another victory in court against a frivolous attack on our operations. This is our fourth victory this year, against what appears to be a never-ending string of attacks by those with an ax to grind,” he said. “As we stated during our meeting with our 17 member counties last week, we have done much to improve the transparency and accountability of our organization, but many of the charges that were thrown at us were simply unfounded, and that was again underscored today in federal court.

“Lawsuits get dismissed when people miss deadlines. It must not have been a priority for Mr. Nolan or his attorney, which sometimes happens when you start with a baseless claim.”

WROTB was represented by Daniel Oliverio and Aaron Saykin of Hodgson Russ, a Buffalo law firm.

An email was sent to Cohen on Thursday morning, seeking comment on the decision.

A 39-year-old Oakfield man is facing 46 felony charges related to sex crimes over a period of years in the Oakfield and Elba areas.

Ricardo Castillo, Jr., of Maple Avenue, is charged with 13 counts of rape 1st, 10 counts of rape 2nd, 13 counts of criminal sexual act 1st, and 10 counts of criminal sexual act 2nd.

Castillo is accused of raping at least one person under the age of 15.

The rapes allegedly took place between November 2019 and August 2021.

Investigators Howard Carlson and Kevin Forsyth handled the case.

Castillo was arraigned in Town of Oakfield Court and released under supervision of Genesee Justice.

Press release:

Join us at the Holland Land Office Museum on Wednesday, Oct. 19 at 7 p.m. as we welcome the next presenter in our Guest Speaker Series. Ken Slaughenhopt of the Lewiston Historical Society and a surveyor himself will be presenting on "The Holland Land Survey". He will be discussing the trials and tribulations of the surveying process that went into laying out the Holland Purchase and its 3.25 million acres, as well as its importance to Western New York even today. Admission is $5 or $3 for museum members. If you plan on attending, please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com.

The Guest Speaker Series is made possible with funds from the Statewide Community Regrant Program, a regrant program of the New York State Council on the Arts with the support of the office of the Governor and New York State Legislature and administered by Go ART!

The Genesee Valley Wind Ensemble will perform its first concert of the season at 4 p.m. Nov. 19 at Oakfield-Alabama High School on Lewiston Road, Oakfield.

Founder and conductor Philip J. Briatico will lead the ensemble through a program that features:

• "Ride" - Samuel Hazo
• "The Lion King" - Arr. Calvin Custer
• "Foundry" - John Mackey
• "Chicago" - Arr. Ted Ricketts
• "Mama Mia" - Roy Phillipe
• "National Emblem" – E.E. Bagley
• "Toccata for Band" - Frank Erickson o Children’s March - Percy Grainger

Tickets are $10 adult, $8 seniors 55+ and veterans, $5 students with an ID, free for children 5 and younger. There is also a $25 Family Deal for immediate family members and children (mother, father, up to four children). For more information, go HERE.

File photo by Howard Owens from 2018.

Press release:

Our group gets together the third Tuesday of each month for lunch at the South Alabama Firehall (Bring a dish to pass) from 11:30 a.m. to 1:30 p.m. and is followed by a speaker or an event. 

Our October program is Stop the Bleed, which is a very worthwhile program sponsored by the Alabama Fire Department. 

Participants will be instructed on how and where to put pressure on a major bleeding wound.  A person can bleed to death in 5 mins or less and most emergency responders can not get to you in that short period of time.  So, it is very important to train the bystanders, who are usually first  on the scene, on how to stop the bleed until emergency people can take over. 

You can save a life with this knowledge. 

Please come and bring a dish-to-pass and immediately following lunch join the Alabama Fire Department to learn all about the Stop the Bleed Program!

Co -Chairpersons:  Michael Hamm and LaNora Thompson     Contact Person:  LaNora Thompson (cell):  (630) 888-8966

Our Bus Trip:  November 2-3, 2022 Lancaster, PA to Sights and Sounds to see “David”, is SOLD OUT.  If any questions, please contact Jane Glor (585) 948-3066

Press Release:

On Oct. 7, the Byron-Bergen faculty participated in a professional development exercise designed to raise awareness of the added stress community members experience when living near the poverty line. The training was provided by the Genesee Region Teachers Center. The goal of the exercise was to simulate the challenges associated with poverty.

Juanita Henry, Director of the Genesee Region Teacher Center and Pat Mullikan, Director of the Tri-County Teacher Center opened the training by sharing national and regional statistics. In the U.S., over 17% of people under 18 years old live in poverty. In the Byron-Bergen community, the poverty rate has risen 10% since 2013.

"This learning experience brings both our Elementary and Jr./Sr. High School staff together to gain awareness of the changing challenges our students and families face,” said Byron-Bergen Superintendent Pat McGee. “Hopefully, the poverty simulation brought to light the empathy and compassion needed to meet our students and families where they are."

The activity began with participants being assigned roles, either as members of a “family” or providing a community service. “Families” were given different resources and responsibilities and community agencies had set rules to follow with limited resources. Each “family” was tasked with balancing their financial resources, childcare, school, employment, and health care. By the end of the “month”, some “family” groups faced eviction, “students” had begun skipping school, and trying to navigate social services had become a major point of stress.

“I liken it to working with the foster care system,” said Byron-Bergen Art Teacher Sandy Auer. “Working within a public system is frustrating. Sometimes you can’t get the help you need and deserve. Students are coming from that place of frustration.”

Part of the training is to provide a heightened awareness of the stress students may be under at home. In the simulation, some of the “students” took on major responsibilities in their family group including providing childcare, shopping for food, and attempting to find employment.

While administering this simulation throughout the region, Henry noted that it is usually the stress level that teachers comment on most. “The expectation teachers sometimes have is that parents should be home helping their kids with homework and in reality, they’re holding the family together by making sure they have a house and food and the basics. They may feel education is very important but it’s not a priority on the needs list.”

“Children had roles and responsibilities we would not necessarily associate with their age group,” said Mullikan during the debrief after the simulation. The participants agreed that expectations for adult supervision were completely

October 12, 2022 Contact: Gretchen Spittler Byron-Bergen Communications Specialist (585) 794-6340 different. Some children had very adult jobs when they got home and, while at school, students were preoccupied with stresses at home.

In closing, the group was asked, “As educators, what is our role? Are we going to add to that stress?”

“When a student doesn’t have their work done, because of circumstances they can’t control, a little empathy may mean they can enjoy coming to school knowing that they are not always in trouble,” said Henry.

“The poverty rate in this district is currently at 43%,” said McGee. “We are committed to providing an equitable education for all our students. To meet that commitment and support the whole child, our team needs to understand that education isn't one-size-fits-all and consider the resources available to students outside of school hours.” 

Photos: Gretchen Spittler.

Top photo:  Pat Mullikan, Director of the Tri-County Teacher Center gives instructions at the poverty simulation 

The Oakfield-Alabama/Elba Titans hosted the Batavia Bulldawgs in three youth football games at O-A's field on Saturday, with a 7 p.m. start time on the third game, giving the JV squads an opportunity to play under the lights.

Scores: 

• Beginners, OAE over Batavia 31-0
• Minis, Batavia beat OAE 40-0
• JV, Batavia 14, OAE 6

Photos by Kristin Smith. For more photos, click here.

Article by Lori Ivison

Chris has two granddaughters who live in Batavia, Cassidy and Lilly Mileham, ages 12 and 13. Her youngest granddaughter, Addie Lacey, 9 years old, lives in Ohio. After a short family visit, Chris said, “We decided to have the grandkids stay with us and we would take them back to Ohio the following weekend. It’s not easy for the cousins to all be together, except for holidays, and they love being together.”

All of her grandchildren have shown an interest in her quilting hobby. Lilly even has her own sewing machine. Chris had spoken to the girls about making a quilt for the show that was to have been held in 2020. So, when this opportunity arose, she again asked the girls if they’d like to make a quilt for the show.  They eagerly said yes! Chris suggested they make one in patriotic colors and donate it for use by one of the veterans at the VA Medical Center, where the Guild holds its monthly meetings.

A simple “Disappearing Nine-Patch” design was chosen. Chris did the cutting and the girls did all the piecing of the blocks.  There were 2 sewing machines and 2 workstations. The girls took turns piecing and helping each other. According to Chris, “The pattern we chose is quite forgiving and made it easy not having to match seams perfectly”.  But she also said the girls learned to use a seam ripper when things weren’t quit right. They accomplished a lot while they were all together. When it was time for Addie to go home to Ohio, Chris brought her sewing machine and the rest of the blocks along. Over the weekend, Addie got more sewing done. She has asked for a sewing machine for Christmas so she can sew with her grandmother using Facetime!

After all the blocks were assembled, Chris put the 3 layers of the quilt together and finished the edge using the “quick turn” method. Cassidy and Lilly did the quilting using lines Chris had drawn on the quilt for them to follow.

It was a great experience for the girls and Grandma, allowing them to have some quality time together.

The quilt show, Stitches in Time 2022, is being held October 14 and 15 at the Alexander Fireman’s Recreation Hall. Hours are 10 am – 5 pm both days. The show will feature over 150 quilts, a member boutique, a silent auction of handmade items to benefit the residents at the VA in Batavia and vendors with quilt related goods to sell.

The guild meets the third Saturday of each month (second Saturday in December) at 9:30 am in the auditorium of Building 4 of the VA Medical Center. Meetings feature a variety of speakers, instructors and trunk shows as well as group sewing days. Guests are welcome to attend 2 meetings for free. For more information, visit their website: www.themuseumquiltguild.com

Submitted photos. Top photo, Christine Kuehl with Lilly (13), and Cassidy (12). Inset photo: Lacey.

A benefit Oct. 19 at Alabama Hotel will benefit an Oakfield woman who has recently been diagnosed with a very rare form of intrahepatic cholangiocarcinoma and has masses on both lungs and her liver.

The family of Carrie Gilbert Desjardins, 46, is hoping all their friends and relatives in the area will come out and support a benefit in her honor.

“Carrie would never ask for anything,” said Judy Gilbert of Oakfield, who is planning the benefit. “But she will have extensive treatments moving forward and that means medical bills. Sadly, she has had to resign her job.”

Judy describes Carrie as “a wife, daughter, sister, a very proud aunt, a special niece and a friend to all.”

The benefit, from 4 to 8 p.m., will feature a basket raffle, a bake sale run by Bonnie, side raffles and 50/50 drawings.

The family, which includes a cousin, Denise Gilbert Bull of Wheatville, is also selling Oliver’s candy bars.

Judy said doctors have told Carrie the chemo is working and the cancer is not spreading. The family are firm believers in prayer and while they hope everyone will come and support the benefit, they ask those who cannot come to say a prayer for Carrie.

Photo: Submitted photo. Carrie Gilbert Desjardins of Oakfield, shown here with one of her favorite nieces, is battling a rare form of cancer. A benefit in her honor is scheduled Oct. 19 at Alabama Hotel.

Indian Falls Lake. Photo by Joanne Meiser.

Herkimer Road, Darien Center. Photo by Jen Draves.

Press release:

The Genesee Society of Model Engineers will host the 101st “Great Batavia Train Show” on Sunday, October 16th, 9:30 a.m. – 3:30 p.m., at the Richard C. Call Arena, Genesee Community College, 1 College Road, Batavia.

Admission: $6 (Adults), $3 (under 18 yrs.), Free (under 13 yrs.)

The train show typically attracts 1,200 to 1,500 model railroad enthusiasts and railfans from across Western and Central NY, Northwestern Pennsylvania, and Southern Ontario. There are over 100 vendors occupying 250 tables offering merchandise ranging from antique railroad artifacts to the most modern digitally controlled model trains.

The GSME began hosting Train Shows in the early 70s at the Holland Land Office Museum. From those humble beginnings the “Great Batavia Train Show” has progressively moved from the HLOM to the Alexander Fire Hall, Holiday/Sheraton Inn, Batavia Downs, and to its present home at GCC. Each move has allowed the show to continually grow in both size and popularity making it one of the premiere events of its kind in Western New York.

 The train club hosts two shows each year, a spring show in April and a Fall show in October. A free Open House is held, typically, on the first Saturday of December at the Club’s facilities in Oakfield where club members maintain operating layouts in O Gauge (Lionel), HO & N scale.

 The Genesee Society of Model Engineers is located at 50 Main Street (Rte. 63), Oakfield, N.Y. (above the M&T Bank) and is open Tuesdays from 7 to  9 p.m. Business meetings are held the last Tuesday of each month. Visit www.gsme.org. Like us on Facebook. Visitors welcomed. (Stair access only.)

Photos: File photos by Howard Owens from the 100th GSME show.

Brandi L. Reuben, 26, and Garrett S. Porter (no residences provided), are charged with arson 3rd, criminal mischief, and conspiracy 5th. Reuben and Porter are accused of starting a fire at a newly opened location of a smoke shop at 368 Martin Road, Alabama on Sept. 29 at 10:38 p.m. The pair was arrested following an investigation by Deputy David Moore.  Reuben and Porter were arraigned in Town of Alabama Court and are scheduled to appear again on Nov. 15 at 6 p.m. (Previously: Judge gives Tonawanda resident a chance to put his past behind him)

Gerald Kenneth Freeman, 70, of South Spruce Street, Batavia, is charged with grand larceny of a motor vehicle. Freeman is accused of stealing a Ford water truck from the Genesee County Fairgrounds on Oct. 4 at 7:43 p.m. Freeman was released on an appearance ticket.

Rufus Garrett Johnson, 29, of Park Way, Chili, is charged with burglary 3rd and petit larceny.  Johnson is accused of going to Walmart in Batavia after previously being banned from the property with the intention to shoplift and of stealing merchandise on Oct. 8 at 10:07 a.m. He was arraigned in Town of Batavia Court and ordered to return on Oct. 26.

Matthew Jacob Zon, 41 of East Main Street, Byron, is charged with criminal contempt 1st.  Zon is accused of violating a full stay-away order of protection on Oct. 9 at 6:18 p.m. at a location on East Main Street, Byron.

Christina M. Sanchez-Anderson, 34, of Bergen, is charged with obstruction of governmental administration 2nd. Sanchez-Anderson is accused of leading police officers on a brief foot pursuit after being stopped on warrants on Oct. 4 at 3:36 p.m. on Main Street, Batavia. Sanchez-Anderson was released on an appearance ticket and held at the Genesee County Jail on her warrants.

Tammy L. Cicatello, 52, of Batavia, is charged with driving while ability impaired by drugs and uninspected motor vehicle. Cicatello was arrested on Oct. 1. She was stopped by a Batavia city patrol officer on July 30 at 5:34 p.m. on Mix Place, Batavia. She allegedly failed a field sobriety test. She was released on appearance tickets.

Marcia R. Goodenbery, 70, of Batavia, is accused of DWI and driving with a BAC of .08 or greater. Goodenbery was stopped on Sept. 28 at 7:57 p.m. on Court Street, Batavia, by a Batavia city patrol officer. She was allegedly observed appearing intoxicated at a local business and returning to her vehicle. She was issued an appearance ticket.

Press release:

Katy Stone Annual Memorial Blood Drive
LeRoy American Legion, 53 West Main St., LeRoy  
Thursday, October 20 from noon to 7 p.m.

Please remember Mrs. Stone by contributing at the annual Red Cross blood drive in her memory. A lifetime LeRoyan who was devoted to her community, Katy attended St. Peter’s School and then LeRoy Central Schools.  She then worked for many years as a deputy clerk/treasurer for the Village of LeRoy. She served on many advisory boards which included LeRoy Little League, LeRoy youth football, CYFL football, American Red Cross, Genesee County United Way, Triad, and Marshall Fund. 

She also served in various capacities with the Botts Forito American Legion Post 1956, Girls State, Genesee County American Legion Auxiliary, Genesee County Red Cross, LeRoy Village Green Nursing Home, Office of the Aging, LeRoy-Stafford Senior Citizens and volunteered many hours at the V.A. Hospital in Batavia. 

She was selected as LeRoyan of the Year in 1975, Genesee County Woman of the Year in 1984 and received the St. Jerome Health and Humanitarian Award in 1993.

Press release: 

Everyone is invited to a family-friendly performance featuring Defiant Monkey on Thursday, October 20 from 7 to 8 p.m. at the Haxton Memorial Library at 3 North Pearl Street in Oakfield. Defiant Monkey promises an improvisational evening of fun, laughter, and participation with the talented duo of Karen Eichler and Andrew Spragge.

These 2 Defiant Monkey performers are experienced improvisers, actors, professional development specialists, and teaching artists who love to have as much fun as possible.

Karen is a graduate of The Second City Toronto, she has performed on stages across the United States including DC's Improv, the Ivar Theater in Hollywood, Newmark theater in Portland, and Steppenwolf in Chicago. Andy has been acting since 1984, and was a member of Improv Buffet and ComedySportz.

What to expect at a show with Defiant Monkey? “Laughs and participation,” says Kim Gibson, Library Director. “Defiant Monkey works with the folks in an audience during their interactive hour long show that features games and music. Kids and adults may just be asked to volunteer to help them out, but everyone will enjoy the show.”

To register for this fun evening with Defiant Monkey showing off their antics stop by the Haxton Memorial Library circulation desk or call (585) 948-9900.

This performance is made possible with funds from the Statewide Community Regent Program, a regrant program of the New York State Council on the Arts with the support of the office of the Governor and the New York State legislature and administered by Go Art!         

The Haxton Memorial Library provides residents a variety of programs, services, events, and materials that can be found on the library’s website at www.HaxtonLibrary.org.

Submitted photo: The improvisational duo of Andrew Spragge and Karen Eichler, known as Defiant Monkey, will be performing at the Haxton Memorial Library on Thursday, October 20 from 7pm to 8pm. 

Fall's colors are coming out, including at Centennial Park in Batavia.

Reader submitted photo