Musicians of Note, an event honoring past Batavia High School graduates who have made an impact in music, will host its 5th annual ceremony on Thursday, October 24, at 7 p.m., at the Frank E. Owen Auditorium at Batavia High School.
Honorees will be recognized with a video presentation and performance ensembles to celebrate their achievements. A plaque featuring their accomplishments will be displayed on the new Musicians of Note wall at Batavia High School.
This year’s recipients of the Musician of Note Award include:
Rose Caccamise (posthumous, Class of 1958)
Owner of Roxy’s Music Store and supporter of local musicians
First BHS alumnus to be inducted into both Athletic and Music Hall of Fames
Daniel DeLuca (Class of 1985)
B.A. Music, M. Ed. Elementary and Music Education
Music Teacher
Band Member/Leader
Neil Hartwick (posthumous, Music Educator 1966-1982)
Batavia CSD and Brockport CSD Music Educator
NYSSMA Adjudicator
Organizer of the Batavia High Jazz Ensemble and Batavia Pageant of Bands
Deborah Russell Silverstein (Class of 1977)
Passionate Music Educator
Flutist
Church Musician
The ceremony is open to the public and free to attend.
The alleged victim of sexual abuse by Batavia pastor Marty Macdonald has filed a report with the Genesee County Sheriff’s Office in a step that brings questions to an open investigation while only further confirming Hobson’s own stance on her accusations, she says.
“The Sheriff’s Office contacted me. So I spoke with them, and after speaking with them, that’s when I filed,” Hobson said to The Batavian Monday.“So, currently, it's still an open investigation. You know, honestly, my motivation hasn't changed, so I still stand on the side of truth. I will no longer be silenced, and I want to encourage others to come out of the shadows of guilt, shame and fear and let their voices be heard.
“I’ve talked to law enforcement several times over the last few weeks, in September and October. It’s still an open investigation, so I’m letting them do their job.”
Joseph Graff, chief deputy of the Criminal Investigation Division, confirmed that the case has drawn some attention in the Sheriff’s Office. The Batavian specifically asked whether the statute of limitations might apply to the allegations.
“We are looking into her case to determine if there are any statutes that are still applicable,” Graff said.
In criminal law, the statute of limitations is not straightforward and depends on the section of penal law cited and the facts of the case, which is information not yet available, according to legal sources.
Macdonald has forcefully denied the allegations through a public statement provided to the media and members of City Church.
Hobson’s story is not new. She first raised it in conversations with a local reporter and other community members more than 20 years ago.
She has said that from the age of 12 to 18, she was groomed and sexually abused by Macdonald, she said. She hadn’t told anyone until years later. She only came out publicly in September when emboldened by a similar case in which a teen, Cindy Clemishire, had been sexually abused by a powerful pastor at the time, Robert Morris, and that became widely publicized when the Clemishire shared her story, and Morris resigned from his church.
That cease-and-desist letter also went to The Wartburg Watch, an online publication that has kept the Hobson articles and related posts intact.
Meanwhile, online chatter about the Hobson articles has included many posts of support for Hobson and some questions about why she hadn’t come forward sooner or filed charges against the well-known Batavia pastor.
None of the comments have deterred her newfound spirit, she said. Now that she has taken this step to file a police report, Hobson isn’t certain “what avenues yet, but I plan to continue to tell my story.”
Attorney Anjan Ganguly, who has been representing Macdonald and The City Church, was not aware of any investigation into the allegations against his client, he said.
“Neither Pastor Marty nor I have been notified of any police report or investigation,” Ganguly said Wednesday.
Byron Brown had no involvement at all in Steve Casey landing a part-time marketing job at Batavia Downs, said Henry Wojtaszek on Wednesday night.
Wojtaszek is the outgoing president and CEO of the Western Regional Off-Track Betting Corp., and Brown, a former five-term mayor of Buffalo, is his successor.
Steve Casey, until 2015, was Brown's deputy mayor.
Multiple media outlets in Erie County and Genesee County reported over the past few days that Brown either hired Casey or implied that Brown was involved in the decision to give Casey a job.
Both Wojtaszek and Brown provided information that contradict those reports.
"I had no influence in hiring Steve Casey at all," Brown told a gaggle of reporters outside a closed committee meeting at Batavia Downs on Wednesday.
Wojtaszek said that while he's not friends with Casey, they've known each other for several years. In May, Wojtaszek said, Casey asked about a job, saying he wanted to get back into the state retirement system. After going through the application process for the job, Casey applied for a state gaming license and received his license about a week later, Wojtaszek said. He started work in late July or early August. Casey received his harness racing license in August.
In late July, the OTB board voted to negotiate a buyout of Wojtaszek's employment contract and announced the formation of an executive search committee.
Board Chairman Dennis Bassett refused to share the names of candidates with reporters throughout the search process, even while there was speculation that Brown was a candidate. Brown said he didn't even consider applying for the job until he learned of Wojtaszek's eventual departure (Wojtaszek's last day is Dec. 31).
Wojtaszek told The Batavian that Bassett even kept the names of candidates from him. He didn't know Brown was a candidate until Brown's name was brought to the board in September for a vote.
Media reports suggest Casey is a controversial hire. In 2015, the FBI launched a five-year investigation into an allegation that he stole funds from one of his political consultant candidates, Charles Swanick. The result of the investigation? A conviction for wire fraud with no jail time and no probation. He was ordered to pay a $69 fine and fork over $8,283.59 in restitution. The crux of the dispute, according to a report by WGRZ: Swanick thought Casey had agreed to work for free.
Asked about the conviction on Wednesday, Brown defended Casey's employment at Batavia Downs.
"When you look at Steve Casey's actual record, he has no record, so there is no prohibition to him being able to work here, as I understand it," Brown said. "He was hired prior to me being hired, and he has a gaming license, which I understand he got before me getting one."
Pressed to discuss the conviction, Brown said the issue is more complex than sound bites can convey.
"Again, I'm not going to go into those details in a sound-bite fashion," Brown said. "It would be unfair to that individual. There's a lot more to it than that. I don't think it would be fair for me to try to discuss in, you know, a 20-second soundbite."
For those questioning whether Wojtaszek, a Republican, would hire Casey, a Democrat, Wojtaszek said party affiliation is not part of the hiring process.
"Honestly, I can tell you this -- I mean, I know Steve is kind of a high-profile guy -- but I have no idea what the political affiliation is of the people we hire," Wojtaszek said. "I have no idea."
He said that outside of one staff member Wojtaszek has known for years, he never talks politics with his staff.
"I have no idea what they're registered," he added. "I believe that this organization is not a political organization. That's why I love Dennis (Bassett). He's like, 'I'm a Democrat. That's my ideology. But when I come here, we don't, we don't discuss that.' He says, 'I know where you come from. You know where I come from, but let's work through this thing.'"
Brown told reporters on Wednesday that he has no idea what future position Casey might hold at Batavia Downs. There was no promotion or switch to full-time proposal before the board at Wednesdays meeting.
"As I move forward, I would certainly consider him for a position," Brown said.
In an effort to fulfill his vow for “transparency,” newly hired CEO Byron Brown released copies of his employment contract with Western Regional Off-Track Betting Corporation to members of the press before committee meetings Wednesday, revealing his three-tiered salary increases, a four-month severance provision and other benefits of the job he began just a week ago at Batavia Downs.
The former Buffalo mayor’s annual six-figure base salary begins at $295,000 through 2025 and is set to jump to $305,000 on Jan. 1, 2026, and increase another $10,000 in 2027 to $315,000, “contingent upon continued growth and a satisfactory performance evaluation.”
“Before I even signed the contract, I knew there was a lot of media interest in the contract. I had been informed that a number of members of the media had requested the contract and that the contract was FOILed. It was my understanding, through the corporation, that through FOIL, the contract would have been released on October 31, but I thought, you know, as we talk about transparency, it was important for me to release the contract today, my first board meeting,” Brown said.
“You know, obviously, we are in something of a transition," he added. "Some of the decisions that are being discussed today, work that has been assembled today predated me, so as I transition in, I wanted to transition into the organization with transparency, and wanted to provide the contract to the media so that it could be seen and you could evaluate it."
Unlike former employees who have received year-long severance packages, Brown’s is cut off at four months, which was a condition he purposefully chose in working with Board Chairman Dennis Bassett, he said.
“We decided that I would not take that type of severance provision … Again, we thought that that was an important and meaningful reform with me coming in, and I was happy to agree with the chairman to reduce the severance that employees have previously enjoyed,” Brown said, answering why he agreed to a reduced severance length. “I want to start with transparency, want to start looking at potential reforms for the organization. Good work is being done here. This is a very profitable organization that delivers revenue to 17 municipalities in Western New York. I want to work to establish confidence in the organization. So I thought changing that provision and reducing the severance provision in the contract was important for me to do.”
The contract includes a minimum of two weeks paid vacation per year; an $800 monthly car allowance in lieu of any direct payments for expense of leasing or operation of a vehicle; and reimbursements for “necessary and reasonable business expenses incurred in the performance of his duties.”
Brown’s contract allows him to participate in employee benefit plans and programs, including but not limited to medical, retirement and life insurance, as are generally made available by the employer to employees.
The severance package also would include continued medical benefits or a $1,500 annual stipend for choosing not to use the medical benefits.
His list of duties and responsibilities includes:
The overall direction, development and day-to-day management of the employer — the gaming operations and hotel, food and beverage, and other gaming-related amenities; and management of vendors, consultants and employees, including the right to select, assign and terminate such individuals and entities and the implementation of personnel and wage and benefit policies established by the board;
Preparation of annual operating and capital budgets of the employer and of required modifications to budgets, implementation, monitoring and evaluation of such budgets in the course of operations;
Development and implementation of programs for training of employees and development of policies and procedures;
Diligent attention to ensuring the compliance of operations with the requirement of the state Gaming Commission and other applicable laws relating to the integrity and operations of employers and maintenance of the integrity of all operations for the protection of the employers, its patrons and the public;
Assistance in the development of strategic plans and preparation of related proformas for the expansion of the employer and of required modifications to such proformas;
Overall direction, development and day-to-day management of the process to market, sell and account for the employer’s products and services and for developing, implementing, monitoring and adopting measures to improve customer service;
Negotiate agreements on behalf of the employer consistent with the policies, and negotiate employment offers for management of the employer, both subject to board approval when required by employer policy;
Lead the interaction with federal, state and local governments, including legislative bodies, and participate as the employer’s representative to the New York Gaming Association, and serve as trustee to the Employer’s Deferred Compensation Plan.
The annual salaries are listed as minimum base salaries, and will be up for review at the end of each fiscal year. The board may determine, in its sole discretion, to increase the executive’s base salary, the contract states. Brown is happy with the package, he said, which includes those "performance based incentives."
“I am certainly pleased with the contract the board has offered. We did not do a lot of negotiation, very little,” he said. “In fact, I was presented a contract for employment and found it certainly satisfactory to me and accepted it.”
Expanding the Batavia Downs Hotel seems like a good idea to Byron Brown, who discussed the idea in his first board meeting on Wednesday since starting his new position as president and CEO of Western Regional Off-Track Betting.
"The board has started looking at expanding the hotel, certainly predating me," said Brown. "I have been in a number of briefings on the hotel; there are several outside consultants and expert entities who have been hired to help the board evaluate the potential of expanding the hotel. From what I have been able to see and review, it looks like it makes sense to me."
Brown did not disclose any specifics on the proposals the board is reviewing. Wednesday's discussion took place behind closed doors. Brown said the expansion would take place on the current Batavia Downs property. The board has not discussed purchasing additional property he said.
"A lot of questions came up in the executive session that the board went into to discuss the hotel," Brown said. "I thought the questions were right on target, and I think the board will make a sound decision about whether to expand the hotel or not to expand the hotel."
After Kmart closed in 2018, WROTB attempted to purchase the property but lost out to Benderson Development. While Benderson built space and leased it to three franchise operations, the main Kmart building remains vacant. Brown said he has not heard any talk of WROTB attempting again to purchase the property.
The 84-room luxury hotel opened in 2016. It was originally constructed and operated by ADK Hospitality, a Buffalo-based company. It costs ADK $5.4 million to build the hotel. The OTB purchased the hotel in 2021 for $8 million.
The purchase, Brown said, "has led to this corporation becoming a lot more profitable. So purchasing the hotel in the first place was a very good decision. From my perspective, just being able to evaluate this during the week that I've been here, I think expanding would be a good decision as well. But again, I don't want to try to speak for the board."
The Rotary Club of Batavia has contributed $7,635 in disaster relief to aid persons impacted by the recent hurricanes in the southeast portion of the country.
The total donation was fueled by a $5,000 contribution from members of the Batavia Rotary Club. The remainder was raised over a five-day period from members of the Batavia and Genesee County Community.
Batavia Rotary Club President Michael Hodgins explained that the original appeal provided for a Rotary Club “match” of community donations up to $5,000.
“Given the tight time frame, Batavia Rotarians decided to contribute the full $5,000 to go along with more than $2,600 from the community at large,” said Hodgins.
The local funds were sent to the Rotary International Zone 33/34 Foundation. This foundation was established to provide disaster relief in hurricane prone areas. These two zones encompass 10 states in the U.S. and 29 countries across the Caribbean.
Hurricane Milton made landfall on 9 October in Florida as a powerful Category 3 storm. Mere weeks before, Hurricane Helene battered areas in and around the Caribbean, the Gulf of Mexico, and parts of the United States’ Eastern Seaboard.
Storm surges and heavy rains produced extreme flooding throughout the region. More than 250 people have died in the U.S. states of Florida, Georgia, North Carolina, South Carolina, Tennessee, and Virginia, according to the Federal Emergency Management Agency.
On October 20, Resurrection RC Parish and Ascension Parish Faith Formation students and families heard a presentation from Janice Spiotta, who percent went on pilgrimage to Italy.
In anticipation of All Saints Day on November 1, Janice enthusiastically inspired the group with powerful messages about the faith of St. Frances of Assisi and soon to be a saint Carlo Acutis, to be known as the first millennial saint.
The Batavia Boys Varsity Soccer team beat Pal-Mac 4-3 on Tuesday in an exciting sectional matchup.
Batavia was down 1-3 and rallied with three unanswered goals in the second half to secure the win.
The win was highlighted by a goal by Trevor Tryon (#8), assisted by Troy Hawley (#5), goal by Rylan Bohn (#24) assisted by Finn Halpin (#2), game-tying goal by Finn Halpin (#2), assisted by Hezekiah Doane (#22), and the game-winner scored by Troy Hawley (#5), assisted by Finn Halpin (#2).
It was a total team effort with all players stepping up to give 100%. Batavia moves on to the quarterfinals where they will face Pittsford Mendon at 7 p.m. on Friday.
Contrary to reports in other media outlets, Byron Brown, the new president and CEO of Western Regional Off-Track Betting, says he did not hire a former mayoral office staffer at Batavia Downs.
Steve Casey, a former deputy mayor in Buffalo, does work for Batavia Downs but he was hired by Henry Wojtaszek before Brown even applied for the job, Brown told The Batavian between committee meetings at the casino on Wednesday.
Brown said he did not have details about Casey's employment and referred those questions to Wojtaszek. Wojtaszek said he would answer questions after he has a chance to brief the board of directors on the matter.
This story will be updated as information becomes available.
A power outage from a blown transformer at Main and Porter in Batavia at about 8 p.m. on Tuesday is disrupting the schedule at the Genesee County Courthouse on Wednesday morning.
Court officials said courts will not open until noon as a result of the power outage.
Criminal court arraignments and any emergency criminal matters, emergency matters will be handled by the Genesee Centralized Arraignment Part Court. All other regularly scheduled matters for the morning are adjourned.
Emergency applications may be heard by contacting:
Genesee County Centralized Arraignments may be arranged by calling 585-344-2580 x3654
When Michael L. Elmore, being held at the time in the Genesee County Jail, learned on March 10 that Sgt. Thomas A. Sanfratello had died following a disturbance at Batavia Downs; he waved his hands and exclaimed, "No, no, no, no, no, no, no."
He then told Det. Jason Iverson, "I didn't kill nobody, bro."
Until then, Elmore apparently didn't understand why he was being held in jail along with his girlfriend, Lyndsey Wilcox.
His statements are included in a decision by County Court Judge Donald O'Geen in response to a motion to suppress statements by Elmore while in custody before he was charged with a crime.
O'Geen ruled that Elmore's statements were either made voluntarily when not being questioned or after he had been read his Miranda Warnings so the statements could be used at trial. The trial of Elmore and Wilcox is currently scheduled for June.
The Batavian obtained the motions and decisions issued so far in the case after they were made public recently.
Elmore is charged with multiple charges for his alleged attack on Sanfratello, including aggravated manslaughter in the first degree, and Wilcox also faces several charges, including burglary and assault.
According to O'Geen's written decision, the judge reviewed video from a body-worn camera that was left sitting on a desk so it could record Elmore and Wilcox (in separate cells) while they were being detained. He said five hours of footage were captured.
Most of the time, Elmore was quiet.
"At other times, he is heard on the recordings casting insults and threats at corrections officers demanding to know what charges he faces, and talking with his co-defendant Lyndsey Wilcox," O'Geen writes.
When Ivison first arrived with Det. Eric Hill, Elmore said, "I just want to know what's going on."
Ivison told him, "we'll go over that" and told him, "we're here to talk about what happened at Batavia Downs."
The detective informed Elmore that they were trying to figure out what happened. That they had reviewed video footage and talked with multiple witnesses.
"I gotta refuse ... " Elmore says before Ivison interrupts him.
"Hold on. Before you start, I want to go over a couple of things and make sure you understand your rights."
Then Ivison says, "I also want you to know that the deputy that was there, I don't know if anybody told you this yet or not, but he died."
O'Geen states that Elmore was visibly upset by the news and makes his statement about not killing anybody.
"We're not saying you did," Ivison says. "We're just trying to get your side of the story. I'm just being up front and honest."
Elmore interjects, "I gotta refuse the services of a ... " and O'Geen says he breaks off at the letter "L."
O'Geen writes, "Suggesting that he might have intended to say the word 'lawyer." What word he intended is a matter of speculation, however, because he did not say it."
Iverson interrupted and told him he would advise him of his rights, which he did. Elmore did not ask to speak with an attorney before answering questions.
O'Geen does not include any further portion of the interview. He ruled last month, "The court finds the people have shown beyond a reasonable doubt that the defendant's statements to law enforcement were voluntary."
In a separate ruling, O'Geen said Wilcox could stand trial on a burglary charge.
Her attorney argued in a separate motion that case law precludes the burglary charge because, in his view, there was no evidence she stayed at Batavia Downs after being told leave with the intent to commit another crime. A burglary charge requires a person to enter or stay on premises unlawfully with the intent to commit some other crime.
O'Geen found there was sufficient evidence of intent for a jury to consider the charge.
When Ashley Manuel’s grandmother, Norma, was at the end of her life, instead of focusing on death, she was able to truly to live out her remaining days with joy and peace — and her daily red lipstick — thanks to a comfort care home atmosphere, Manuel says.
By comparison, her other two grandparents went into a hospital, where it was drastically different, with a sterile environment that was “scary,” uninviting and cold for visiting family.
That contrast has made Manuel, an independent end-of-life doula who trained with Crossroads House founder Kathy Panepento, a firm believer in comfort care homes. She will be a speaker for an upcoming Genesee Valley Regional Community Cares meeting about an initiative to get a second comfort care home into Genesee County.
The meeting is set for 7 p.m. Monday at Stone Presbyterian Church, 7549 South Lake Road, Bergen.
“So, in my experience in end-of-life care, and mostly with families and people who are dying, they don't feel like they have a lot of choices anymore. I watched them, the family, struggle with what do we do next. How do we handle this? And by having comfort-care homes and someone to come into your own home, or wherever you are at the time, a hospital, nursing home, and say, ‘listen, there's so much more we can do, and you can be an advocate in your own death.’ And I don't think even society knows that,” Manuel said to The Batavian. “I watched people who came through Crossroads House when they kind of would say, well, what is an end-of-life doula, you know, and what can you do that hospice can't or what can you do? And what I want people to understand is dying starts with the mental, so you start to process your death way before the body even feels it.
“As soon as someone gets a prognosis, that's where it starts. Whether you're in pain or your disease has pain, or you're just dying of old age, that's where an end-of-life doula, and that's where comfort care steps in,” she said. “I’ve done legacy projects. And life review and guided imagery. I mean, it's so beneficial. And when I first stepped into it, I was even skeptical of how much this could help someone. Because you can't fix it, right? Yeah, this is going to happen. But the more I worked with people and sat with them and got to know them and created a bond with them, I've done guided imagery and people's last breaths, and within minutes after I was finished, they were gone.”
That happened because the person became relaxed enough to do what’s necessary to die in peace, she said: let go. Her passion, coupled with a belief in the practice and philosophy of facilitating that for people, motivates Manuel to be part of this second comfort care home in some way, she said.
“I really believe that death isn't a medical event; it’s a social event. It's a communal event. We did it for years and years and years before there were hospitals before people started taking their loved ones to the hospital. When they were dying, they kept them at home. But because the medical industry has bloomed, I guess you would say, around the 60s and 70s … We now have organ transplants and medicines and curative treatments and such. And that's all wonderful and great, and it has saved many lives or extended life,” she said. “But there does have to become a conversation of, okay, that's not a possibility any more, where do we go from here? And that's where I think comfort care homes and people who are trained really well in end-of-life care can pick that up and say, ‘this is what we can do.’ And it's not just for the person dying, it's for the family around them.”
Genesee Valley Community is a group of local people, led by Stone Presbyterian Church in Bergen, with a desire to create a comfort care home to serve those suffering with end-of-life issues.
This project was first explored in 2019 by the Rev. Robert “Mike” Stuart, Louie Crocker, Keven Kent and the small but dedicated membership of Stone Church. Then Covid came along, plus other obstacles, and the project was put on hold. The church has now partnered with Genesee Valley Regional Community Cares, a newly incorporated not-for-profit dedicated to the creation of comfort care facilities.
Frank Strock, a local who had married Diane Howe in Byron, experienced his own hospice type situation after his wife was diagnosed with ovarian cancer in 2019. Home care and Hospice was taking care of her at the family homestead, and after she died in May, a counselor remarked that the property would make a great comfort care home in his wife’s name.
“And I said, ‘you know, my father-in-law built this home in the 50s. We have 15 acres. I know Kathy Panapento, she's a wonderful person, and she could guide us in the right direction. I'd love to do that,” Strock said. “Well, as it turned out, in the interim, I met an elder from the Stone Church and he said they had been working on this program since 2019, and would I like to get on board with Mike and a fellow named Keven Kent who's an elder at Stone Church? I said sure.”
A professional organizer versed in working with unions in New York City, Strock suggested that they file for a not-for-profit and begin to raise money. The 200-year-old church will not only have a mission, he said, but a legacy to revitalize what’s left for the 14 remaining members.
He is grateful that Stuart, who was a minister at Stone Church, donated his salary to the nonprofit to get this initiative going, and that has meant an $18,000 boost to the coffers.
“He felt so much behind this comfort care program. He had a history of over 10 years working with home hospice out of the Buffalo area, and then he went over and did an interim position at Stone Church, and he said, ‘I’m going to donate my salary to the future of a comfort care home in Stone Church.’ So you can imagine, when I heard these things, I said, you know, something's happening here, and I just have to help them,” Strock said. “And with the church as small as 14 members, even though it's been there for 200 years, and knowing that the people may not have the energy to do this work, we feel that as we grow as an organization, Genesee Valley Regional Comfort Cares, that we will find the resources.”
Father Scott, based out of Our Lady of Mercy in Le Roy, and who works with some nine or so different Catholic churches, has shared the effort with his congregations, and “there’s so many members that have a history of working in healthcare that they would be wanting to be on board as volunteers,” Strock said, and it seems to be good timing with Crossroads founder Kathy Panepento retiring.
“It’s almost like, with all her life that she’s given to Crossroads, it’s now time for others to help pick up the ball and try something new,” he said.
The objective is to establish a two-resident home “filled with love and support,” and to provide “individualized care for those who have been medically determined to be in the last three months of their life,” similar to Crossroads House in Batavia.
Staff would include doctors, registered and licensed practical nurses, aides and specially trained volunteers. Preference would be given to those residing in the Genesee Valley and admission granted regardless of religion, race, age, sex, or other distinctions.
Referrals can come from physicians, social workers, discharge planners, healthcare agencies, clergy, individuals or other sources that provide care for individuals approaching the end of life.
Organizers are hoping that members from the community and at least some of the 55 Presbytery churches attend this first meeting and become an active participant. They’re looking for people to join the association board and/or volunteer for one of the many facets of the comfort care home needs by providing ideas, healthcare, design, construction, clerical, tech support, bookkeeping or well-intentioned prayer.
“In particular, we ask for your prayers that a donor will come forward with a donation of a lot upon which we can build our facility,” Strock said. “We welcome all. Your heart and soul will be the foundation for this cornerstone of service.”
Tax-deductible donations may be made to GVRCC Inc., 6613 North Bergen Road, Byron, NY, 14422.
St. Paul Lutheran Church and School is facing a lawsuit stemming from the conviction of a former principal to a child course of sexual conduct charge in June 2023.
The suit alleges that the church was aware of complaints of inappropriate conduct toward young girls and failed to act to protect the children.
In an answer filed with the Genesee County Supreme Court, St. Paul's denies all of the substantial allegations and moved to dismiss the case.
The next hearing in the case to consider motions is on Nov. 7.
Jason Clark worked for the school for 20 years and was named principal in 2019.
He admitted to sexual course of conduct with a child after initially being charged with two counts of sexual conduct against a child in the second degree. He was accused of sexual behavior with a child less than 11 years old over two separate periods in 2014 into 2016.
The child's guardian filed the lawsuit on behalf of the child. The child and guardian are only identified by initials in the suit.
The suit seeks "attorneys’ fees, costs, pre- and post-judgment interest, compensatory damages, punitive damages, and such other relief as this Honorable Court deems just."
Clark is not named as a defendant in the suit.
The 13-page complaint contains numerous allegations (some repeated under the multiple sections of the complaint).
The plaintiff's attorney, Nathaniel L. Foote, from a law firm in Harrisburg, Pa., makes multiple representations about events and actions underlying the claims.
These include:
"Prior to the cessation of Plaintiff’s abuse by Clark, employee(s), volunteers, and/or agent(s) of St. Paul, including administrators with the power to take corrective action, became aware of Clark's inappropriate behavior toward minor female students."
"... Clark kissed a female student while consoling her while alone with her in a staircase."
"... Clark tickled and hugged multiple children and placed children on his lap."
"Parents reported they were uncomfortable with this behavior to St. Paul."
"Parents’ reports to St. Paul about Clark’s uncomfortable behavior with students was known to St. Paul’s leadership prior to the cessation of Plaintiff’s sexual abuse."
"Clark admitted to sending a 'warning' to the parents of his students that he is a 'hugger' and acknowledged hugging children is not easily accepted by people as it is by a female teacher."
"Such behavior put St. Paul’s leadership and administration, including Pastor Allen Werk, on actual notice that Clark posed a risk of sexual harm to St. Paul’s students."
In its answer, filed by attorney Michael E. Appelbaum of Buffalo, St. Paul's denies all of these allegations except for the assertion that Clark sent the "warning" to parents.
Foote asserts that St. Paul's was negligent in allowing Clark access to vulnerable students, failed to provide adequate supervision, and took no precautions to prevent his client's injuries.
The church denies these allegations.
In response, Appelbaum states, in what is called an 'affirmative defense,' that the plaintiffs failed to state a claim that led to any relief ordered by a court. He said the complaint violates the applicable statute of limitations. He says the complaint fails to show that his client breached any lawful duty owed to the plaintiff. He also suggests a third party, to the church, is responsible for any damages. On legal grounds, he states, many of the claims made by the plaintiff ar barred because the damages were not caused by his client.
In the tenth affirmative defense, he states that "any alleged injury and damages sustained by the plaintiff were worsened by the plaintiff's failure to act to mitigate such injury and damage."
He also suggests that the plaintiff may have received settlement funds, barring any further recovery of damages.
Peter Celentano, of Bergen, was charged in U.S. District Court on Tuesday with illegal possession of machine guns.
Authorities searched his residence on Rochester Street and property associated with him in Lyndonville and Medina.
The Medina search also involved a dive team recovering from the bottom of the Erie Canel a box with 10 AR-style receivers, an unmarked gun, magazines, and other firearm parts.
According to U.S. Attorney Jeffrey E. Intravatola, the searchers on Sept. 29 in Bergen recovered two 3D-printed pistol frames, firearm parts and accessories, ammunition reloading equipment, an AR 80% style Jig and drill, a drill press, and various other tools related to firearm manufacturing.
Investigators also searched two properties in Lyndonville and an apartment on East Avenue in Medina, recovering numerous AR-style lower receivers, 3D-printed handguns, and additional firearm parts and accessories. Approximately 59 of the AR-style receivers contained a “third pinhole,” qualifying them as machine guns, according to Intravatola.
The search warrants were executed by the State Police, Genesee County Sheriff's Office, and ATF.
If convicted, Celentano faces a maximum penalty of 10 years in prison and a $250,000 fine.
Genesee County residents who receive Medicare should look out for new Medicare cards in the mail in the coming weeks. The Centers for Medicare & Medicaid Services (CMS) issued these new cards after a cybersecurity breach affected nearly one million beneficiaries nationwide. If you were one of the individuals affected, you will receive a new card in the mail.
The new cards will include a different Medicare number to protect personal information. It is important to know that this is a legitimate process, and you do not need to take any action to receive your new card. However, please be aware of potential scams during this time.
Important Reminders:
No One Will Call You for Your Medicare Number: Medicare will not contact you to verify your new Medicare number or request personal information. If you receive such a call, it is likely a scam.
Protect Your Personal Information: Do not share your Medicare number or any other personal information unless you have initiated contact with a trusted source.
Genesee County Office for the Aging is Here to Help:
If you have questions about the new cards or need assistance, the Genesee County Office for the Aging is available to support you. Visit us at 2 Bank Street, Batavia, contact us at 585-343-1611 or go to geneseeny.gov/ofa.
Stay vigilant, and if you have concerns about your Medicare coverage or card, you can also contact Medicare directly at 1-800-MEDICARE (1-800-633-4227).
AVAILABLE NOVEMBER 1ST CITY OF BATAVIA 4-5 bedroom Duplex apartment with 1 Bedroom, Living room, laundry room, dining room, bathroom, and small kitchen on first floor. 4 bedrooms 2nd floor. Newly painted. Some new carpet. Basement storage. 1/2 garage use for storage/ not parking. Large yard. $1,100/month includes trash pickup, Refrigerator, Gas Stove. You pay gas, electric, water. No dogs. Good references required with background check. Pathstone approved. Near ARC. Mike 585-993-4002