Pembroke Central School’s regular board meeting on Feb. 22 has been canceled, however, an impromptu meeting has been scheduled for this week, Superintendent Matthew Calderon says.

The original meeting was scheduled during the board’s reorganizational session this past July. It was more recently deemed unnecessary due to no “pressing business," Calderon said to The Batavian on Monday.

An Unexpected “more pressing issue" arose, he said Tuesday, prompting a special board meeting to be set for 7 p.m. Thursday at the district office, corner of routes 5 and 77. 

“Basically, we recently had a bid opening for our ADA/BCS capital project, and the board needs to award the bids sooner than later in order to start the project on time,” Calderon said. “That is the main reason for the meeting, and we will also approve a few other items.”

The capital project stems from Americans with Disabilities Act and Building Conditions Survey (ADA/BCS) issues. A meeting agenda is to be posted on the district’s website by Wednesday, he said.

For more information, go to: https://www.pembrokecsd.org/page/board-of-education-home-page
 

No matter how you slice it, the inaugural season of the Batavia Notre Dame merged hockey program has been a successful one. And it became much sweeter tonight before a large, enthusiastic crowd at the newly-named David M. McCarthy Memorial Ice Arena on Evans Street.

Junior forward Cooper Hamilton’s goal with 5:15 remaining in the third period broke a 2-2 tie and Coach Marc Staley’s United squad went on to post a 4-2 victory over the Hilton Cadets in the opening round of the Section V Class A tournament.

The win lifts the seventh-seeded BND’s record to 12-6-3 and sets up a quarterfinal matchup against No. 2 Victor at 5 p.m. Thursday at the Rochester Ice Center on Lyndon Road in Fairport.

Tonight’s contest featured inspired play by both teams – especially goaltenders Frank Falleti Jr for BND and Luciano Chinappi for Hilton, who time and time again came up with spectacular saves.

United fired 50 shots at Chinappi – 19 of them in the decisive third period – while Falleti turned away 31 of 33 shots by the Cadets.

Staley pointed to his team’s ability to dig deep when the game is on the line as a key factor in the victory,

COMING THROUGH IN THE CLUTCH

“This team is resilient,” he said. “We've been resilient all year. We’ve been down in the third period and we've come back to win before, and even when they (Hilton) came back and tied the game, there was no panic on our bench, none at all.

“In a pressure moment -- do or die at home and a new merged program. A lot of these kids haven't been in big sectional games before. And they did a great job executing our defensive game plan the last seven or eight minutes by keeping the clock running and getting the pucks deep.”

Hilton opened the scoring 8 minutes and 19 seconds into the game when senior defenseman Rylan Searley’s shot from the point went through Falleti’s legs and into the back of the net. Senior forward Dominic Goodenow picked up an assist.

BND was unable to convert several good scoring chances on two power plays prior to that, and junior Noah Hudson, playing on the front line tonight due to three teammates being out with illness, was thwarted by Chinappi in front with five minutes left.

A pair of stellar saves by Falleti in the closing three minutes of the period kept the deficit at one goal.

GAVIN SCHRADER TIES IT UP

United tied it up at the 9:48 mark of period two when senior Gavin Schrader (in top photo winding up for a shot), Section V’s leading scorer, deposited the rebound off the initial shot by junior defenseman Bryce Feldmann.

The home team took a 2-1 lead with 2:05 left in the period when freshman forward Jameson Motyka took a pass from freshman forward Brady Johnson, skated in alone, put a nifty fake on Chinappi and backhanded the puck into the net for a shorthanded goal.

Hilton killed off a United power play with 9:23 on the clock and four seconds later tied the score at 2-2 when Goodenow flew in from the left side and flipped a rebound past Falleti.

Four minutes later, Hamilton came through with what proved to be the game-winning goal (Motyka and Johnson assisted) and Johnson sealed the deal with 2:14 remaining by converting a pass from Motyka.

Staley said he expected a hard-fought game against Hilton, which came into the contest with a 6-10-4 record.

“They’re a great hockey team; much better than their record because of the difficult schedule they play,” he said. “Our plan was to stay out of the (penalty) box and to limit the odd-man rushes, although we did give up a few of those.”

FALLETI, DIRISIO STRONG ON ‘D’

He also credited Falleti and senior defenseman Vin DiRisio for rising to the occasion.

“Frankie was spectacular. I mean, he made four saves in that last period that were probably the difference in the game,” Staley said. “And Vincent was incredible on defense. When he puts his mind to it, and stays focused on hockey, and doesn't get drawn in, he's one of the best players in the league. I think he's learning that and, now he’s seeing the fruits of that labor.”

Staley also singled out Schrader’s ability around the net and said that Motyka’s shorthanded goal triggered the loudest cheer “I’ve heard in this building in 10 years.”

“We had a lot of great individual efforts,” he said. “I thought defensively that (Andrew) Kasmarek was excellent and Feldmann was very strong in the back. We got great minutes from Bartzie (Alex Bartz), (Noah) Whitcombe and Gino Falleti.

“That's really key when we can get that third line in and they can eat 10 to 15 minutes of the clock for us. That just keeps our other guys fresh.”

FACING VICTOR FOR THIRD TIME

United only gets a day or so to celebrate before facing Victor, 16-2-2, for the third time in the last three weeks. BND beat the Blue Devils, 4-2, on Jan. 27 but dropped a 9-0 decision on Feb. 3.

“I think the kids are excited to have a third crack at them,” Staley said, adding that maybe Victor might be a bit overconfident coming off of the lopsided win.

“Our kids know we can beat them and we wanted another shot at them because we didn't play well last time,” he said. “The beat goes on. The train keeps rolling.”

Staley said sophomore forward Addison Warriner and junior forward Ryan Hamilton will not be able to play on Thursday, but he is hoping that senior forward Zack Eschberger will be available.

United's Brady Johnson moves in on Hilton goaltender Luciano Chinappi as Evan Fish (15) defends on the play.

BND goalie Frank Falleti Jr. secures te puck as teammate Parker Corbelli checks the Hilton player.

Jameson Motyka takes aim at Chinappi during the first period for BND.

Falleti and teammate Vin DiRisio slide on the ice to prevent the Cadets from finding the back of the net.

Photos by Howard Owens.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) joined his Assembly Minority colleagues yesterday in urging lawmakers to vote on legislation (A.8101) to prohibit state agencies from mandating the masking of healthy, asymptomatic children in schools and other similar public settings. This amendment was voted down overwhelmingly by members of the Assembly Majority.

Hawley has for months called for the state mask mandate to be terminated in all public settings, including schools. He believes that the authority to implement mask mandates and similar public health policies should rest with local governments and health departments, who have a better understanding of the needs and circumstances of their communities than state-level bureaucrats.

“Last night’s vote made it clearer than ever which members of the Assembly truly stand behind parents,” said Hawley. “I am deeply disappointed that members of the Majority last night were more concerned with preserving the power of the governor than listening to our parents and the most recent data on COVID-19, which shows new infections are steeply declining. Even though this proposal did not pass, it will at least make it obvious to voters which of us in this chamber are willing to stand up to the endless mandates of Gov. Hochul.”

Press release:

Congressman Chris Jacobs (NY-27) submitted a comment to the New York State Department of Health in opposition to the proposed rule I.D. No. HLT-50-21-0002-EP, pertaining to Investigation, Isolation, and Quarantine for communicable diseases.

“As this proposed rule is written, it could give local health officials the power to remove individuals from their homes and place them in a government-controlled quarantine facility if they are simply exposed to COVID-19 or other communicable diseases,” Jacobs said. “Not only is this blatantly authoritarian, but it is an affront to the individual freedoms and liberties of each and every New Yorker. As other states move to end COVID-19 restrictions, New York State is actively working to assume more power over residents’ lives and implement policies that violate their constitutional rights – I strongly oppose any such measure.”\

Jacobs full comment, submitted to the New York State Department of Health – Bureau of Program Counsel, Regulatory Affairs, can be read here:

Dear Ms. Ceroalo,

I urge you to not to adopt the above-referenced proposed regulation relating to investigation, isolation, and quarantine in response to an outbreak of communicable disease. This proposed regulation is both unnecessary and contrary to the established laws of New York State.

The regulation as currently drafted gives state and local health officials the power to remove residents from their homes and place them in a government-controlled facility. It includes not only people who are confirmed infected with COVID-19, but also covers people simply exposed to COVID-19. We are almost two years into the COVID-19 pandemic and there are very few instances of New York State, or any state for that matter, forcibly quarantining people outside their homes. Circumstances have not changed so that they must do so now. There is no evidence that this policy if implemented would even have any effect on the spread of communicable diseases. The notice of rulemaking does not cite any scientific evidence to support this policy, and only refers generally to the spread of COVID-19 as justification for the regulation’s necessity.

The regulation is also a plain violation of New Yorkers’ freedoms and New York State law. Because the rulemaking covers people who are even only potentially exposed, the regulation can affect almost every New Yorker. The notice of rulemaking cites Section 225 of the Public Health Law. This is an extremely broad reading of the law. Under the State’s interpretation, there is virtually no limit to what the Department of Health can do. Furthermore, it is simply wrong for the government to remove individuals from their homes based on a temporary medical condition. We are a country and a state that prizes individual freedom and respects due process. This regulation flouts both of those values.

Press release:

U.S. Senate Majority Leader Charles E. Schumer today launched a major push to make New York State home to the nation’s first Regional Clean Hydrogen Hub created by the bipartisan Infrastructure Investment & Jobs Law. In a direct letter to U.S. Secretary of Energy Jennifer Granholm, Schumer explained how New York is already a national leader in hydrogen energy production and research, with North America’s largest green hydrogen production facility currently being constructed in Western New York by Plug Power. Schumer said that if selected for federal investment, the Regional Clean Hydrogen Hub would mean thousands more clean energy jobs in New York and major federal investment to cement New York as a leader in the fight against climate change and the future of carbon-free energy production.

“From WNY, Rochester, and the Capital Region to Long Island, New York is leading the nation in hydrogen energy production sparking innovative research that is literally turning water into carbon-free power for electricity, fuel cells, and so much more. That is why I wrote to Energy Secretary Granholm directly to make it clear that New York has all the right ingredients to be the nation’s first-ever Regional Clean Hydrogen Hub and fuel America’s clean energy future,” said Senator Schumer.

Schumer added, “When I led the bipartisan Infrastructure Investment and Jobs Act to passage with an unprecedented $9.5 billion federal investment to expand the hydrogen industry, I had in mind innovative companies like Plug Power in Upstate New York and the potential to create thousands of good-paying clean energy jobs in communities that need it most. New York’s powerhouse workforce, top tier research institutions, and easy access to the renewable energy needed to produce green hydrogen make it uniquely suited to supercharge and lead the federal government’s efforts to secure the nation’s spot as a global leader in clean hydrogen production to power our fight against climate change.”

The bipartisan Infrastructure Investment and Jobs Act provided $8 billion for the Department of Energy to establish four or more Regional Clean Hydrogen Hubs to demonstrate the production, processing, delivery, storage, and end-use of clean hydrogen. Today’s two Requests for Information from DOE’s Office of Energy Efficiency and Renewable Energy points to how important it is that New York quickly coordinate the most compelling proposal for a New York-centered Hydrogen Hub. In addition, the law also makes several new critical investments in hydrogen fuel and clean energy, including:

• $1 Billion for a new Department of Energy Electrolyzer demonstration, commercialization and deployment program to improve the efficiency, increase the durability, and reduce the cost of producing clean hydrogen using electrolyzers.
• $500 million for a new Department of Energy clean hydrogen manufacturing recycling program to foster a clean hydrogen domestic supply chain in the U.S. 

Senator Schumer has been leading the charge to expand clean hydrogen production in New York. In 2020, Senator Schumer made a personal call to Plug Power CEO Andy Marsh pushing for the company to select Upstate New York for the site of its newest factory instead of a site in another state that was in contention.  In December 2020, Schumer announced that Plug Power had heeded his call and selected Monroe County as the site for its new ‘gigafactory,’ a hydrogen fuel cell component R&D and manufacturing plant, bringing $125 million and nearly 380 jobs to the Finger Lakes region. The new ‘gigafactory’ will manufacture hydrogen fuel cell stacks and electrolyzers, which will be used to power a variety of electric vehicles and to generate power from renewable green hydrogen.

Schumer also called on the Department of Energy to support Plug Power’s newly proposed plan to construct a $290 million hydrogen facility at the Western NY STAMP site in Genesee county and personally visited the site in September. Plug Power’s new production facility at STAMP will produce green hydrogen to supply fuel-cell-powered equipment and vehicles such as freight transportation and logistics handling equipment.

Every building has a story.  The Pok-A-Dot has one that involves family, friends, bands, railroad tracks, ‘50s décor and thousands of customers.  All could add a page to the story of the Dot.  My page would be going to the Dot in the ‘60s with my brothers and sisters and fighting over the swivel stools at the counter.  Today when my brother and sisters’ families come home, the first place they want to eat at is the Dot!

Prior to the establishment and construction of the “Pok-A-Dot” restaurant at the corner of Liberty Street and Ellicott Street in Batavia, a bandstand occupied the current parcel of land.  It was used for band concerts for the neighborhood residents.  With the help of Congressman Harold Ostertag, and John Gioia, owner of Gioia’s Drug, the property was leased to Philip Pastore and Joseph (Trigger) Marone. They built what has been known as the Pok-A-Dot Restaurant.

They dug the foundation for the 20- by 20-foot “box type” wooden building in April 1953.  It was completed on June 6, 1953.  The sides of the building housed flaps, which were pulled down at the end of the business day.  They were painted black with multicolored “Pok-A-Dots.” The idea for its name originated when they saw a house painted with polka dots. 

The first day the Pok-A-Dot opened, Philly and Trigger were ready with the cigar cash box, hot dogs, and hamburgers for 20 cents and free ice cream.  At the end of their first day, the cigar cash box was overflowing with money.  The tired, excited partners were guessing how much money they made at the grand opening. They thought at least $500.00.  With eagerness, they began to count all of their money and were surprised that they made only $85.00. 

Added to the original menu of hotdogs, hamburgers, ice cream, and ice-cold root beer served in frosted mugs came “roast Beef on Wick” and a pepper and egg sandwich (the first in Genesee County).  As the business grew, more items were added to the menu.    The cooking of the famous Beef on Wick began in Leona Pastore’s kitchen, along with pasta fagioli from the very infancy of the Dot.

The railroad tracks ran right behind the new Pok a Dot building.  The tracks were so close you could almost touch the train as it went by. The workers for the railroad enjoyed the Dot and would park the train down by Swan Street unhook the engine and ride it to the back of the Dot and go in for lunch.

Eventually, the building was enclosed with windows, which were removed at the beginning of the warm weather.  In 1961 an enclosed dining room was added with red tables and wrought iron chairs.   Added to the 1950s décor was a jukebox with small boxes on the counter.

The Pok-A-Dot became a place for many famous celebrities to sit and unwind after their performances across the street at the well-known Roman Room Restaurant.  People like Al Martino, Julius La Rosa, Tony Pastore, Dick Contino, and many well-known bandleaders were among them.

When you went into the restaurant, you were not given a menu.  Rather the waitress would say, “What can I get you?”  All your choices were on the menu wall.  If it wasn’t up there and they could make it, they would.  Over the years, many young people worked at the Dot, including all of Mr. Pastore’s six children.  The waitresses over the years were very loyal. The current manager Jo Anne has worked at the Dot for over 25 years.  Jennifer, Nicole, Lynette, Jo Anne, and Melody make up the rest of the current working staff.  You can find some of these ladies working different shifts from 6 a.m. to 9 p.m. on weekdays, and from 7 a.m. to 9 p.m. on Saturday.  On Sunday the hours are 8 a.m. to 9 p.m.

The Pok-A-Dot has been featured in the book Sunlight Dialogues that was written by Genesee County’s most famous author, John Gardner, who frequented the restaurant as a young man.  Each year in October the Pok-A-Dot hosts an evening of readings for the John Gardner Society from the great author’s books.  Author and some time reader at these gatherings, Bill Kauffman, stated, “The Pok-A-Dot is the literary capital of Culinary Batavia.”  The Pok-A-Dot has also been immortalized in the painting and calendar sketches of Batavia’s well-known artist, John Hodgins.  Wanda Frank, a radio personality for WBTA made a CD, Grandpa’s Home for Christmas, which mentions the Pok-A-Dot in her radio play.  It seems that the Pok-A-Dot is the setting for more than just a good meal.

To this day, people who grew up in and around the area and then moved away to different parts of the country return and make a special stop to enjoy the Beef on Wick for which the Dot has been famous in the WNY region for 56 years.

In 1999 a business called Mail Boxes Etc. used a refrigerant technology to send perishable products in the mail.  One of these boxes was used when a man came in and wanted to ship overnight a hot pepper sandwich from the Pok-A-Dot as a birthday gift to his brother.  The brother used to live here and loved the sandwiches.  There are many creative ways to ship the Dot’s food to different places.

T-shirts have been sold with the Pok-A-Dot logo and can be found as far away as California, Florida, Colorado, and many more places.

The Pok-A-Dot has been a regular stop for thousands of people who want a good cup of coffee, good food, and good conversation.  “Meet you at the Dot,” is a well-known expression.  You will always find the regulars and then you would find people like me who just go to the Dot to have a Beef on Wick, fries with gravy, and root beer in a frosted mug.

In October of 2006, Phil Pastore and Joe Marone were honored at the Paulo Busti Cultural Foundation Brunch for Italians being in business for over 50 years.

October 2014, Joseph “Trigger” Marone died.  Batavia mourned his passing.

We lost Philip Pastore on July 17, 2018. 

We lost the beautiful Leona Pastore on February 6, 2022.  She was very instrumental in this article.

Photos: File photos by Howard Owens. Top photo, Phyllis Pastore-Beers and Leona Pastore.

Memories are swirling around in everyone’s mind remembering the original creators of the Pok-A-Dot

Teaching has changed drastically over the years.  Teachers continue to work for our children, meeting all the demands put on them, but they also have humorous moments they will never forget in their careers.

In 1972, I was fortunate to get my first teaching job at Wolcott Street School in Le Roy. So many of my early memories took place at that school.  I always loved teaching and hopefully inspired young minds to always reach for the stars.  My memories stay embedded in my heart as a teacher. 

I will focus on the funny side of my teaching career. An early memory was teaching my third-grade students about deserts as one of the world's regions. I brought in the sand; students brought in cactus plants, we made a paper mache camel and a mural depicting life on a desert. Then, to make it seem authentic, I turned up the thermostat in my classroom to show what it was like to survive in a desert. First, I didn't realize you NEVER adjust the thermostat, and secondly, my thermostat was the main link to the 12 classrooms on my floor. 

I was prepared when I gave my first standardized test to my class. I had just clicked my husband's stopwatch when one of my students asked if she could use the restroom. Holding on to my stopwatch, I asked if she could wait.   Whether they needed to go to the bathroom or not, every child was asked to try from that day forward. I learned a sad life lesson that day. 

My very first observation by the principal was a math lesson. I was so nervous! It was about 10 minutes into my lesson when a little boy raised his hand and asked how the earth stays up in the sky. As my principal waited for my answer, I explained we would talk about that after my lesson. 

I always felt that you could turn any event into a lesson and an adventure. For example, I took my class for a walk, not knowing I needed permission first. We began walking down Main Street and approached the Wiss Hotel; Donnie Pangrazio's grandpa was outside and invited us in, so my class had a soda and returned to school.

By the time I returned, I was asked to see the principal. It seemed he had been flooded with calls about the wandering teacher and students.

One morning a 3rd-grade student shared how excited he was that his mom and dad bought a bicycle built for two; he asked me the bike's name. Unfortunately, I mistakenly told him it was a condom rather than tandem. There were many laughs over the years about that remark.

After our daughters were born, I got a job teaching in the Batavia School District. I continued to make memories.

I loved to take my students for a walk. We would walk over to Batavia, visiting the Holland Land Office Museum, Historical Batavia Cemetery, and other landmarks. One day, we stopped at Kibbe Park to talk about how important the Tonawanda Creek was to our early settlers. Unfortunately, the trip was cut short when I realized we were at a particular part of the park where young lovers would park.   As my students discovered the protection of their lovemaking, I realized immediately that we must leave the park.

I loved taking my class on field trips, and I was so lucky to have had an administrator who supported my overnight trips to Albany and New York City. A highlight of one of my NY trips was taking my class to Yankee stadium. I think every father in that class went as a chaperone. I have to admit I was not a baseball enthusiast. We had a tour of the stadium. I can still remember my class sitting in the Yankee dugout as I walked backward on the field to take their picture with my panoramic Instamatic camera. I noticed all the dads were smiling. I thought that was unusual until two burly men were at my side on the field out of nowhere. They were questioning me on what I was doing on the field. I thought that was a silly question explaining I was taking a picture of my class. They weren't impressed with my explanation and kept saying; you are on the Yankee Stadium field. After being escorted off the field by the unfriendly security, I noticed the fathers were laughing. Walking on the Yankee Stadium field is only reserved for the Yankees.

It was a huge responsibility to take children on an overnight field trip. I would do a room check every trip to ensure the children were ready for bed. Every room had a parent as a chaperone. One night on my room check, I kept knocking on the door to make sure the children in every room were ready for bed.  Finally, the door opened, and a young adult was staring at me with his girlfriend behind him, saying, no, we are not ready for bed. As I was trying to apologize, I made sure I put a post-it note on every student's door. I mistakenly thought we had the entire wing.  

I was constantly learning life lessons as a teacher. I always had classroom pets. I felt it taught the children responsibility, and for many, it was the first time they had a pet. For example, we had a hamster that would frequently escape, so I just left food out for Fluffy. One night I was told our hamster visited a parent's meeting in the faculty room and scared many of the members as he paraded around. That particular pet also attacked student permanent record folders, munching on the records.  

I hope some of my memories brought a smile to your face, and please understand my students did succeed academically.  I just felt if I made learning fun, they would also remember and create their memories. I know many of my colleagues have their humorous stories. I hope some of them will be inspired to share after reading this article. Times have changed drastically since the beginning of my career. First of all, you would never take your class on a walk without permission from the administration and the parents. Today, not many districts would grant an overnight field trip to 4th-and 5th-grade students. The only safe classroom pet is a fish, and you never adjust a thermostat. Most of all, bathroom breaks before any test are a must!

I am still teaching and creating memories. I hope mine brought a smile to your face.

A flood watch is in effect for Genesee County from Wednesday evening through Friday evening.

Potential flooding may be caused by snowmelt and torrential rainfall. 

The National Weather Service stated: "Excessive runoff may result in flooding of rivers, creeks, streams, and other low-lying and flood-prone locations. The greatest threat for flooding will be in ice jam-prone areas ... . Creeks and streams may rise out of their banks. Flooding may occur in poor drainage and urban areas."

Image provided by Accuweather.

Press release:

The Genesee County 4-H Program participated in a Valentines for Veterans community service project this winter.  The 4-H Fur & Feather Club, 4-H Sheep Club and individual 4-H members created over 250 handmade Valentine's cards for the Batavia VA. 

The Valentines for Veterans project was led by Genesee County Master Gardener Volunteer Pamela Moore in collaboration with Churchville’s Post #954 Legion Family.  Over 2,000 Valentines were collected throughout Genesee, Monroe, and Livingston Counties for the project.  The Valentines were delivered to Cindy Baker of the Center for Development and Civic Engagement at the Batavia VA for hospitalized veterans and veterans in the in-residence PTSD programs. 

4-H is a nationwide youth program that connects youth age 5-18 to a variety of hands-on learning opportunities.  For more information about joining the Genesee County 4-H Program, please contact the 4-H Office at genesee4h@cornell.edu or (585) 343-3040 ext. 131.  Enrollment forms are also available on our website at http://genesee.cce.cornell.edu/4-h-youth-development/how-to-join-4-h

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.

 

Pembroke seniors Allie Schwerthoffer and Sydney Johnson combined for 18 points, eight assists, 14 rebounds, and five steals to help lead the Dragons to a 63-23 win over Holley on Monday.

Schwerthoffer started the game off with a three-point shot and Johnson hit three three-pointers on the night.

Pembroke is now 10-9 on the season.

Scoring:

• Karli Houseknecht 15 points one assist, five rebounds, nine steals
• Izzy Breeden 12 points, two assists, five rebounds, three steals
• Sydney Johnson 11 points, four assists, two rebounds, three steals
• Allie Schwerthoffer seven points, four assists, 12 rebounds, two steals

Also in girls basketball on Monday:

• Batavia lost to Eastridge 44-24.  Jaylene Dersham scored 13 points for the Blue Devils and grabbed eight rebounds.
• Pavilion beat Mount Morris 55-31. Karlee Zinkievich scored 17 points for Pavilion. Lauren Kingsley scored 13, and Paige Landers, Kylie Conway, and Shea Amberger scored eight each

In boys basketball:

• Alexander lost to Avon 57-42
• Mount Morris beat Pavilion 65-62

It looks as though you can add paint to the list of materials eligible for disposal at the GLOW Region Solid Waste Management Committee’s annual Household Hazardous Waste Collection.

GLOW Recycling Administrator Peggy Grayson on Monday reported that New York’s Paint Stewardship program is expected to become operational by May 1, setting the stage for Genesee, Livingston, Orleans and Wyoming county residents to drop off left over latex and oil-based paint at the Sept. 17, 2022 collection day at the Genesee County Highway Department on Cedar Street.

The collection event, which rotates among Genesee, Wyoming and Livingston each year, is open to the public at no charge. The electronics collection day is set for Sept. 24, also at the highway department.

Grayson, appearing at the Genesee County Legislature’s Public Service Committee meeting at the Old County Courthouse, distributed brochures indicating that the paint program (www.paintcare.org) has established more than 2,000 drop-off sites in 10 states and the District of Columbia.

While most sites are paint and hardware stores, solid waste facilities – including transfer stations, recycling centers and landfills, plus household hazardous waste facilities – also participate as drop-off locations.

The program is funded by the addition of a small fee to the price of paint containers sold in stores and online.

Information provided by Grayson points out that latex paint is not hazardous waste and small amounts can be safely disposed of in the trash once it is in hardened form. If the can is more than half full, it should be taken to an approved PaintCare location or to the hazardous waste collection site.

In related action, the Public Service Committee approved an extension of a contract with Environmental Enterprises, Inc., and the other GLOW counties for the GLOW Household Hazardous Waste Collection Program at a cost not to exceed $32,000.

“This will be our 18^th year (with EEI),” Grayson said. “It’s a great job that they do for us; always on time and they clean up afterwards.”

The PSC also voted in favor of the following resolutions (subject to approval by the full legislature on Feb. 23):

• Leasing of a new Caterpillar hydraulic excavator from Milton Caterpillar in Batavia for $299,929, with annual payments set at $64,135.80. Funding will come from the road machinery budget, which had an estimate of $85,000 annually for the lease purchase.

• Utilization of $77,000 in grant funding for the Sheriff’s Office to pay overtime for the Governor’s Traffic Safety Committee operations and for additional police services in the Village of Bergen, and for expenses related to a Department of Homeland Security program.

• Acceptance of a $4,056 grant from Homeland Security to cover the costs of sheriff’s deputies' participation in emergency preparedness exercises.

• Implementation of Automated Secure Alarm Protocol at the county’s Emergency Dispatch Center that will cut down the amount of time from the sounding of an alarm to the dispatch of first responders. The $35,000 capital project will be paid by revenues generated by wireless fees and state aid. This would affect all alarm companies linked to The Monitoring Association. “This could mean as much as 30 seconds saved on the front end … and that could make a huge difference (when it comes to a fire),” said Steven Sharpe, director of Emergency Communications.

• Acceptance of a $500,000 grant from the NYS Office of Children and Family Services to fund Justice for Children services in Batavia, Albion and Warsaw and Genesee Justice programming for the next five years through Sept. 30, 2027.

• A $718,564 contract with Union Concrete and Construction Corp. of West Seneca for replacement of the Darien-Alexander Townline Road bridge over Tunnery Brook. The bid was more than $100,000 less than the engineer’s estimate, according to the resolution.

Press release:

Christine Jones, 34 of Batavia, pled guilty to one count of Grand Larceny 4^th in Batavia Town Court on February 8, 2022.  Sentencing has been scheduled for May 4, 2022.

Jones was originally charged with 5 counts of Offering a False Instrument for Filing and a single count of Grand Larceny 3^rd after an investigation by Department of Social Services Investigator Robert Riggi revealed that Jones failed to report that the biological father to one of her children was residing in the home, or that he was earning wages/income.  Jones subsequently received $17,197.00 in SNAP benefits she was not entitled to.

With a couple of 50-plus degree, rainy days forecasted for Wednesday and Thursday, most of the snow that has accumulated as a result of a couple of nasty winter storms earlier this month likely will be washed away.

While it may serve as a welcome break from plowing and shoveling, there’s bound to be more snowfall (and the dilemma it creates) in the coming weeks.

Coming into last night’s City Council meeting, Council member Robert Bialkowski said he had received complaints about piles of snow and ice on city streets and he requested that “snow removal and sidewalk plowing” be put on the agenda.

Bialkowski’s key points -- no plowing of snow onto the street or sidewalks and no parking of cars on sidewalks – triggered a 20-minute discussion that focused upon the responsibilities of residents, independent plowing services and business owners to clear snow in a legal and proper manner.

Armed with a few photographs of problem areas, Bialkowski said he wasn’t blaming city workers for not doing their jobs, but mentioned that it was time “to re-educate some people in the community (as) they don’t seem to get it.”

PICTURES TELL THE STORY

He said the pictures showed snow from a driveway on Union Street plowed about seven feet into the street and about four feet high, causing motorists to have to swerve to avoid hitting it.

Another photo showed snow from a West Main Street business plowed onto the sidewalk “and now that’s a big block of ice about six foot high,” Bialkowski said, adding that this and similar situations led to complaints from mail carriers.

Bialkowski also mentioned buildup of ice on sidewalks, some of it resulting from city sidewalk plows.

Council President Eugene Jankowski Jr. asked Maintenance Supervisor Ray Tourt about the condition of the sidewalk plows, with Tourt responding that they are 19, 39 and 43 years old and are susceptible to breaking down.

When Bialkowski suggested forming a citizen committee to look at the issue, Jankowski quickly said, “I was following you until you said committee and then I was, like, do we really need to make it that complicated?”

Then Bialkowski mentioned distributing a pre-printed handout for residents, informing them of their responsibilities when it comes to snow removal.

CITY MANAGER WEIGHS IN

City Manager Rachael Tabelski said a police officer sent to the scene where the snow was piled in the road determined that it wasn’t a hazard … “so I have to go with their judgment that it was not a hazard.”

“I think there’s a lot of snow this year compared to the last few years, and there’s a lot of clearing of sidewalks and roads and driveways that needs to be done,” she said. “And a lot of times neighbors have figured out where they’re going to place their snow and other times, people just move in and don’t really know where to place the snow and how to do it.”

She then thanked the Department of Works crew “for the tremendous job they’ve done,” adding that they haven’t stopped working since the beginning of January when “all of this snow came down.”

DPW workers are continuing the snow removal process this week, concentrating on some of the narrower streets, Tourt said.

Tabelski said residents are responsible for clearing in front of their house and, in many cases, the sidewalk plow operator will come through afterwards, leaving tracks from the machine in the snow.

“We do have an ordinance and we do ask residents to take care of their snow removal,” she said. “I know some residents can’t get to it – they may be elderly or disabled – but you plan for it, just like you plan your garbage service or your cable. You plan to get Johnny down the street to come for 20 dollars when it snows over a few inches, and do that for you.”

MESSAGE TO INDEPENDENT PLOWS

Jankowski said it is up to independent and commercial plow services to make sure the snow is moved so that it doesn’t cause further problems.

“We shouldn’t have to be in the awkward position of having to chase them down and make them come back and move it,” he said.

Bialkowski said he thinks many people “just expect the city to do everything and they don’t even shovel a path to their house for the mailman.”

“They have to get away from the computer for a while, go outside and get some fresh air.”

Council member Patti Pacino asked if residents could be informed of what snow services the city provides.

Tourt said the priority route is the main arterials – Main and Oak Streets – and priority school (walking) routes, which have been designated by the school district.

“We hit those first,” he said. “If we still need to go ahead and do sidewalks, we have two distinct routes – one for the northside and one for the southside. And we start working our way through the city.”

Photo: City of Batavia worker plowing the sidewalk along East Main Street. Photo by Howard Owens.

A two-vehicle accident, blocking, with possible minor injuries, at Clinton Street Road and Route 237 in Stafford.

Stafford Fire and Mercy EMS responding.

UPDATE 8:37 p.m.: Two occupants in one vehicle, a single occupant in the other. Airbag deployment.  One person with a complaint of chest pain.

The Batavia City Council is throwing its support behind an Oneida County-initiated pitch to Gov. Kathy Hochul to provide state funding for “necessary repairs and enhancements” to municipally-owned baseball stadiums across New York State.

Council President Eugene Jankowski Jr., at tonight’s Business Meeting at the City Hall Council Board Room, asked for – and received – authorization from his colleagues to put his name on a letter written by Oneida County Executive Anthony J. Picente Jr. and Perfect Game Collegiate Baseball League President Robert F. Julian, asking Hochul to set aside $250 million in her state budget for improvements at these facilities, which include Dwyer Stadium in Batavia.

Dated Jan. 27, the letter is in response to state lawmakers’ consideration of appropriating $1 billion in taxpayer money to build a new stadium for the Buffalo Bills and proposing more than $100 million for Lake Placid to host the World University Games.

“… we believe there should be equity for other communities that are owners of municipal baseball stadiums throughout the state,” the letter reads. “These stadiums have a rich history and are part of the fabric of our communities. While they are not profit centers, they are a critical part of the public infrastructure providing recreational opportunities and civic engagement that enhances the quality of life in our communities.”

The letter also touches upon Major League Baseball’s “sudden abandonment” of minor league affiliates in 2020 that negatively affected operations in small cities and towns.

“New York has a proud history as a home to amateur and professional baseball, and that has continued as the PGCBL and other Independent leagues have quickly stepped up to fill the void left behind,” it reads. “However, we need assistance to make the transition into this new paradigm.”

Dwyer Stadium continues to be the home of the Batavia Muckdogs, a summertime club that is part of the PGCBL. Muckdogs’ owner Robbie Nichols also has signed the letter.

Other signatures are from representatives of the communities of Auburn, Boonville, Altamont, Amsterdam, Elmira, Geneva, Glens Falls, Jamestown, Little Falls, Niagara Falls, Newark, Oneonta, Saugerties, Utica and Watertown.

Picente and Julian wrote that the level of funding being requested “would provide adequate funds to allow for each of our communities to invest in necessary repairs and enhancements to protect and stabilize these stadiums.”

They also indicated they are reaching out to the Baseball Hall of Fame in Cooperstown, “seeking a partnership to bring to life their vast offerings in our facilities throughout the state.”

The letter also will be sent to state Senate and Assembly Majority and Minority leaders and State Budget Director Robert Mujica.

Council member Paul Viele, apparently thinking about the Batavia Ice Arena, asked if the letter could be modified to include arenas, but Jankowski said that it was focused on stadiums.

In other developments, Council approved the following resolutions:

• Scheduling of a public hearing for 7 p.m. Feb. 28 on the city’s 2022-23 budget, water rates, meter fees and capital improvement fees. The $17.7 million spending plan calls for a tax levy of $5,986,000 – up $121,403 from 2021-22. The property tax rate, however, would decrease by 78 cents to $8.94 per $1,000 of assessed value. Water rates, meter fees and capital improvement fees are set to increase by 1.5 percent from last year’s rates.

• Re-naming the Batavia Ice Arena on Evans Street to the David M. McCarthy Memorial Ice Arena as a result of a contract with Pellegrino Auto Sales and the David M. McCarthy Memorial Foundation that would pay the city $3,100 annually for 10 years. Council member Robert Bialkowski applauded the decision. “I really appreciate the citizens coming forward and doing this. I think it’s a good move forward,” he said.

Previously: Council sends favorable signals to Batavia duo seeking to acquire ice arena naming rights

Duane Hamill

A Wyoming County man is facing multiple felonies, some stemming from an accusation that he stole a rifle and vehicle keys of an employee of a local business, as well as a chase by law enforcement from Pembroke to the neighboring county.

Duane R. Hamill, 65, of Warsaw, is charged with:

• Burglary 3rd
• Grand larceny 3rd
• Robbery 2nd
• Robbery 3rd,
• Criminal possession of a weapon 3rd, and
• Menacing 2nd.

The incident began with a call sometime on Saturday (the time of call is not provided in the Sheriff's Office release) about a burglary that had occurred at an unidentified business in Pembroke.

Dispatchers were informed that an employee of the business was following the suspect. 

Once in the Town of Darien, Hamill and the employee reportedly got into a physical altercation and Hamill allegedly robbed the employee of a rifle and his vehicle keys. 

Hamill fled the scene and continued south in Wyoming County.  Deputies in Wyoming County located Hamill in his vehicle and initiated a pursuit.  He was eventually taken into custody and turned over to the Genesee County Sheriff's Office.

He was arraigned in Town of Pembroke Court on the robbery and weapons charges and in the Town of Pembroke Court on the remaining charges.  He was released under supervision of Genesee Justice.

The investigation was conducted by Investigator Kevin Forsyth, Investigator Erik Andre, Sgt. Michael Lute, Deputy Kevin McCarthy, Deputy Ryan Young, Deputy Ryan Mullen, and Deputy Alexander Hadsall.

The Genesee County public defender said he hopes to see a centralized location for arraignments in the near future – action that could save the county money in transportation costs.

Speaking at the Genesee County Legislature’s Public Service Committee meeting today at the Old County Courthouse, Jerry Ader said that arraignments are back to the “24/7 … off hours and weekends” set-up now that emergency declarations related to the COVID-19 pandemic have ended.

“We went through some changes during the pandemic; the state allowed us to go virtual for all court proceedings,” Ader said. “So, the electronic appearances were being done without any travel for the sheriff's department, for the court staff or for us (public defenders) -- and everything was done at the jail through electronic appearance.”

Ader said the Sheriff’s Office has been cooperating with his department to possibly allow arraignments at the old sheriff’s office building on West Main Street for a centralized arraignment.

“Talks are ongoing right now between the (New York State) Indigent Legal Services Office, Office of Court Administration and the sheriff's department,” he reported.

“So, there might be some progress in the very near future that we might have a central location to do arraignments at night and weekends and during the day either at the jail and at the city courtroom, depending on when the arraignment is done. This would alleviate transportation for defendants to the courts of their jurisdiction and, obviously, transportation for my attorneys.”

Ader said many counties have instituted such a plan, and that local magistrates are supporting it for Genesee. He said that his office is handling 20 to 30 arraignments per month on average.

In his report to the committee, Ader said he has funds to fill open staff positions this year, but it has been difficult to find qualified applicants for attorney, paralegal and social worker jobs, and office space is a concern.

The public defender’s office application to the Unified Court System for a new five-year contract to provide "attorney for the child services"was successful, Ader reported. The new pact will fund a full-time Family Court lawyer.

The Public Service Committee approved a resolution to accept an amended contract with the Office of Indigent Legal Services for grant funding for year three of the county’s five-year contract.

State law ensures that all eligible defendants are represented by counsel at arraignment, in compliance with ILS caseload standards. The contract for 2022 is for $283,260.

Ader said negotiations with ILS for the fourth year of the grant will be focused on renovations at the former Engine House to create more office space for the department.

Training to be a U.S. Marine can be grueling but being a Marine is also about being part of a community, and Saturday, aspiring recruits got to experience both aspects of life in the Corps at Beyond Driven Fitness in Le Roy on Saturday.

Sponsored by Beyond Driven and the American Warrior Festival, aspiring Marines from Genesee County and beyond learned about physical fitness and a series of exercises they can use to help them prepare for boot camp.

"We're getting these future Marines motivated and trained up," said Dan Clor, director of the American Warrior Festival. "They're all going to be shipping out most likely within the year. So it's just kind of a way to build morale and get them working together and keep fit. You know, the Marine Corps is very big on fitness."

Matt Walther, co-owner of Beyond Driven, said it was exciting for his facility to participate in the training event because the kids coming in are from the local community and part of Beyond Driven's mission is to support the community.

"Everything that we do here is based in the community and all these kids are part of the community," Walther said. "The more that we can provide a place that will bring them value, bring the community value, it's better for everybody.

"We can help prepare them to be the best cadets going into training," Walther added.

Sgt. John Anderson, the lead recruiter in Batavia, said the community aspect is also what helps the Marines communicate better what being a Marine is all about.

"We're trying to be more outgoing, more involved, and when other people come in and help us out it puts a good light on us and allows us to grow and show people that we're not just a fighting force, that we're more than that," Anderson said. "We're a part of the community and we're trying to help."

Arctic Refrigeration Co. of Batavia and the Mager family delivered a $2,310 donation today to Crossroads House.

Half of the money came from family members, a donation in lieu of Christmas presents to each other, and half came from the proceeds of the annual Henry J. Mager Memorial Scholarship Golf Tournament.

After a two-year hiatus because of the pandemic, the golf tournament, founded in 2010, will return this September.  Named after the founder of Arctic Refrigeration, proceeds from the tournament are used to fund scholarships for students from Batavia High School or GVBOCES who are intent are pursuing a career in a trade, such as construction engineering, architecture, HVAC, automotive, building, agriculture, or energy.  

Fundraising has been more difficult during the pandemic, said Diane Sia, a staff member at Crossroads House, and donations by families and businesses such as the Magers set an example for what others can do to help organizations in the community.

"That is huge in our books," Sia said.

Photo by Howard Owens. From left, Emily Crawford and Diane Sia, with Crossroads House, and Jon Mager and Teresa Tamfer.