Armor Security staff members made their debut at Friday's home football game between Batavia and Livonia high schools. Spectators were wand-checked at the gate, and security guards were on site to ensure that the only commotion was on the field at Van Detta Stadium. Perhaps there was also some excitement in the stands as the Blue Devils blew away the competition by 42-6.

The security company has a contract through the end of this year, and members of Batavia Police Department were also on hand to check for illegal parking and related un-gamely behaviors. Superintendent Jason Smith has been adamant -- via a letter to parents and recommending the extra security -- that home football games will be safe and without unwanted disruptions from spectators. 

Friday's game included a moment of recognition during a dedication to honor all police and fire department and armed forces members.

Earlier in the day Smith issued his superintendent's update to the district, sharing that he is "personally thrilled to begin my first full school year as our Superintendent of Schools, and I look forward to experiencing all the fun and joys associated with being a Batavia Blue Devil!" Certainly, players, staff and fans experienced one of those well-deserved joys with Friday night's win.

District leaders were "out and about" during the first day of school on Wednesday, he said, and they are focused on three key teaching principles: effective teaching, literacy (reading and writing) across all content areas, and providing an engaging and consistent curriculum. Smith gave some advice that is well-suited for anyone: work hard and be kind.

To read the entire update, go HERE  

Go here for prior Robert Morris story, and district security.

Top Photo: Spectators are wand-checked as they enter Van Detta Stadium Friday evening; members of police, fire and armed forces were given a dedication to honor their service to the community. Photos by Steve Ognibene. File Photo: Superintendent Jason Smith takes board members on a tour of the revamped Robert Morris building before the first day of pre-school and UPK classes on Wednesday. Photo by Joanne Beck. Children arrive for the first day at Robert Morris. Photos from Batavia City Schools.

File Photo of Conductor Shade Zajac during a rehearsal with Genesee Symphony Orchestra.

There will be no shushing at Haxton Memorial Library next week when members of Genesee Symphony Orchestra, including Conductor Shade Zajac, provide demonstrations for families, Roxie Choate says.

Funded by GO Art! Reach grant money, the library will be hosting musicians from 7 to 8 p.m. Thursday at the Oakfield Government and Community Center, 3219 Drake St., Oakfield.

Orchestra members will be showing and talking about their instruments individually, and also playing together for this special hour, said Choate, the orchestra manager. They will introduce strings, woodwinds and brass instruments.

“In hopes of creating increased knowledge and understanding of the importance of bringing orchestra music alive within our young people’s lives,” she said to The Batavian.

This event is open to all children ages 7 and older, and their parents. Attendees are asked to arrive by 6:50 p.m. in preparation for the program, she said.

Genesee Symphony Orchestra is in residence at Genesee Community College, and has a tradition of having “a very strong educational mission in giving experiences in learning about orchestra music,” Choate said.

Consider this a warm-up for the group’s first of a five-concert season. The first concert will feature “a beautiful harp concerto,” Choate said, and is set for 4 p.m. Oct. 9 at Stuart Steiner Theater at GCC, 1 College Rd., Batavia.

Registration is encouraged and appreciated. Call 585-948-9900.

Press Release

Enjoy a day of play with Grandparent’s Day and/or discover the fascinating world of honeybees this Saturday at the Genesee County Park & Forest Interpretive Nature Center. Grandparent's Day is from 10:30 am – 12:30 pm!

Kids bring their grandparents to enjoy scavenger hunts, catching critters in the pond, insect safari and more. Program includes accessible outdoor and indoor activities and a card making station. Cost is $5/child, $5/parent, grandparents FREE.

Meet at the Interpretive Nature from 1:30 to 3:30 p.m. and see a live beehive in action! Hear a local beekeeper explain the lifecycle and different jobs of bees while sharing cool facts and experiences in caring for these amazing creatures. $5/person, $10/family. 

To pre-register, call 585-344-1122.

For more information visit our website or contact Shannon Lyaski at Shannon.Lyaski@co.genesee.ny.us or 585-344-1122.

Meet Mathew Davis, Le Roy Jr./Sr. High School's new assistant principal and athletic director.

Video courtesy Le Roy Central School District.

Press release:

Western Regional Off-Track Betting (WROTB) / Batavia Downs Gaming President CEO Henry Wojtaszek announced today that Batavia Downs will start collecting retired United States Flags for proper ceremonial retirement starting Friday, Sept. 9.

Wojtaszek was flanked by members of the Genesee County Veterans Services Agency and other local veterans as the first retired flag was placed in the receptacle.

“We welcome all residents in the greater Genesee County area to stop in and drop off their retired flags,” said Wojtaszek.  “We want to honor the freedoms the flag represents and those who served defending them.  Batavia Downs and Western Regional OTB are proud to help in this process by serving as a collection point for anyone who needs to retire a flag and wants to be assured it will be properly retired.”

Flag receptacles, built by Batavia Downs Maintenance Staff, have been placed in the front lobby of the facility for the retired flags to be deposited in by guests and residents.

Batavia Downs’ commitment to veterans continues with discounts at their food service outlets.

Photos by Howard Owens

Press release:

The Genesee and Orleans County Health Departments (GO Health) will be holding their Local Early Intervention Coordinating Council (LEICC) Quarterly Meeting. The meeting is scheduled for Friday, September 30, 2022, from 9:30 to 11 a.m. at the Agri-business Child Development Offices (448 West State Street, Albion, NY, 14411) or by zoom. Childcare will be provided and refreshments will be served.  

The LEICC is a supportive group made up of county officials, early intervention providers, childcare providers, parents of children with disabilities and other community members. The members of the council are encouraged to collaborate and voice their opinions to help raise concerns to better the program, and ultimately, help the children.

Early Intervention has been going strong for over 20 years. During this time, a vast amount of research has been done on brain development in children from birth through age three. The research is showing how vital the early years are for development, as well as the importance of Early Intervention because these are the years that will affect a child’s later development. 

The goal of the LEICC is to afford the opportunity for parents and other members to voice their thoughts and concerns on the strengths and weaknesses of the Genesee and Orleans County Early Intervention Program and to work together to improve the program. The Genesee and Orleans County Health Departments are encouraging parents to attend and to offer input as to how we can best meet the needs of all infants and toddlers.

For zoom connection information or for more information on the meeting, please contact Deborah Krenzer-Lewter, Director of Children with Special Needs for Genesee and Orleans Counties at 585-344-2580 ext. 5572 or 585-589-2777.

Press Release

To all motorists, businesses, and property owners along Park Road in the Town of Batavia:
The portion of Park Road from Richmond Avenue South to the intersection of Lewiston Road/ NY63 will
be reopened to southbound traffic only.

Motorists approaching Park Road from Lewiston Road/ NY 63 are asked to continue to follow the detour along Veterans Memorial Drive to Park Road. This will occur on or about 5 p.m. Friday. This pattern will remain for the next few weeks while work continues to finish the project.

Nicholas Maher is being sent to state prison for 23 years for killing his father Martin Maher in their Oakfield home on Oct. 18.

The picture painted on Nick Maher in Genesee County Court today was of a 37-year-old man who struggled for years with mental health issues and gave into his delusions when he stabbed his 69-year-old father to death.

"Nick believed that his father was responsible for poisoning the air," District Attorney Kevin Finnell said. "He said he grabbed a knife to scare him but his father was flippant and arrogant and denied involvement in poisoning the air.

"Of course he denied it. It's ridiculous. It was a product of his mental health issues that he refused to address, he didn't want to address," Finnell said.

"Nick Maher is a college-educated person," Finnell continued. "He's smart enough to know that he needs to get mental health treatment and that he needs to take his medication, even if it doesn't make him feel real good. But he chose not to do that. So he responded, in his words, by 'losing it on his father,' a man who just denied poisoning the air, and killed him. In so doing, he took away the only person that was left in the world who cared about him."

Nick's siblings, Megan and Matt, spoke to the court and shared how much the death of their father hurt them.

Megan said Martin Maher put Nick first over his own happiness, putting off his own retirement to care for his son. She said Nick refused treatment and accused anybody who tried to help him of trying to harm him. 

"I think you simply made him the bad guy because he was there for you," Megan said. "What if mom hadn't passed a few years earlier? Would she have been caught up in your alternate reality and have been the bad guy, too? What if I spent more time around the house? Would I have been in the crossfire? I don't know. But these things have crossed my mind this year."

Megan said cleaning up her father's house, and going through old family photos was the hardest time of her life.

"I was constantly reminded of what you did," she said. "I no longer felt happy and safe in that house. All of the wonderful memories of our childhood were overshadowed by what you did."

Near the end of her remarks, she said, "You took a dad away from your siblings, and a grandpa away from his grandchildren. "Life has been hard enough after mom passed but not having my dad has been even more difficult than I think you'll ever be able to comprehend."

Matt said he will never forget the day he went to his father's home after not being able to reach him on the phone, worried something terrible had happened, and finding him dead on the floor.

"My dad loved my brother and it broke his heart that his love was not reciprocated, but that there was anger and blame towards him," Matt said.

Finnell told the court that the Sheriff's Office conducted a thorough investigation of the case and there is no doubt in his mind, that the evidence supported a murder conviction but it was also clear from psychological exams that if Nick Maher's case had gone to trial, his extreme emotional disturbance would have to lead the jury toward a manslaughter conviction rather than murder.   That is what lead to a plea deal that allowed Maher to admit to the murder with a possible sentencing range of 20 to 25 years in prison.

But Maher's mental health issues don't excuse him from the choices he made, Finnell argued.  Maher refused treatment and refused to take his prescribed medication.  Those choices ultimately led to Maher taking his father's life.

The chance to plead to manslaughter is the only consideration the defendant should get, Finnell told Judge Michael Mohun. Finnell said Maher should get the full 25 years in prison allowed by statute.

Public Defender Jerry Ader took exception to the suggestion that Maher was completely responsible for his own choices in dealing with his mental illness.

"I sincerely believe that our community, our country, has a difficult time dealing with mental illness, especially when it comes to mental illness in the criminal justice system," Ader said near the beginning of his remarks.

Later he said, "some of the speakers here, the children of Mr. Maher, they use of words, that he chose to do these things, and that he could have done something else. And I'm just not quite sure that's true. And I don't think anyone can know for sure if that's true, it's easy to say because we don't understand mental illness. But in my experience, when someone is placed in a psychiatric hospital, it could take years in order to get a patient, an inmate, to understand, to have the insight as to their illness, why they need help and why they need medication."

Ader said after nearly a year in jail, his client is just starting to take his medication and come to terms with his mental illness.

Ader argued that Mohun should consider something less than the maximum 25-year term on the manslaughter conviction because the Legislature when it wrote the law, allowed for a sentencing range of 5 to 25 years. Clearly, the Legislature understood, Ader argued, that each individual, each case, is different because mental health is involved, therefore, a judge has latitude to weigh all the factors.

In this case, the plea agreement meant that Maher must receive a sentence of at least 20 years but there was no reason, considering the factors of his mental health issues, to sentence him to the maximum of 25 years.

After giving Nick Maher an opportunity to address the court, which he declined, Mohun spoke directly to the family.

"I don't want you to dwell on Oct. 18 of 2021. The day your dad died. What I want you to think of are the days he lived. He almost lived until his 70th birthday which would have been in July of this year. Think of all those things that you had with your dad and that you celebrated together and that he was there to give you guidance and support. And think of the man who put his life on hold during his retirement years to take care of your brother."

He added, "Your brother has admitted, he's acknowledged., he has pled guilty to manslaughter in the first degree. What he has done by this act, you've lost two family members. On Oct. 18, you lost your father and you lost your brother. That is a devastating event which it will resonate through generations of Maher family celebrations of birthdays and holidays. But don't let this crime define the family. Remember your dad as he would want to be remembered, as a good dad, as a dad who stepped up and took care of your sick brother. Your father's devotion to duty was extraordinary."

Mohun said the killing of Martin Maher was without justification, without reason. 

"It was a heinous crime to which an appropriate sentence must be imposed," Mohun said.

The 23 years will be followed by five years of post-release supervision.  

Nick Maher is barred by court order from having any contact with his siblings until Sept. 9, 2053.

As some go up, others must come down.

That’s the nutshell version of construction in downtown Batavia. Work is being done to construct a new Healthy Living campus alongside GLOW YMCA, and the fitness facility at 207-209 East Main St. will eventually be demolished to make way for green and parking spaces.

It will take much investment for the entire plan to unfold, and Genesee County’s Ways & Means Committee agreed Wednesday to proceed with an application for a $2 million Restore NY grant to help with the costs.

Before anything else can happen, a public hearing must be conducted about the project to demolish 207-209 and 211 1/2 (rear) on East Main Street. Led by the county, the grant is available for “projects to demolish/deconstruct and/or rehabilitate/reconstruct vacant, abandoned, surplus and/or condemned residential, commercial, and/or mixed-use buildings.”

The hearing was set for 5:30 p.m. Sept. 28 at the Old Courthouse, 7 Main St., Batavia.

The project has already passed historic preservation and environmental reviews, and has a developer, said Ed Flynn, director of planning at LaBella Associates. Having those items taken care of “I think will make it a competitive project,” Flynn said.

An important goal of Restore NY is to revitalize urban centers, rural areas, and disadvantaged communities. It is anticipated that upon completion, the projects funded by Restore NY municipal grants will attract individuals, families, and industrial and commercial enterprises to the municipality, according to the resolution.

“It is further anticipated that the improved community and business climate will result in an increased tax base, thereby improving municipal finances and the wherewithal to further grow the municipality’s tax and resource base, lessening its dependence on state aid,” it states.

Populations of less than 40,000 can apply for up to $2 million in grant funding. Since the City of Batavia meets that stipulation, Flynn suggested going for the entire amount.

Genesee County will be assisting with the administrative portion of the grant and applying on behalf of the city. The $2 million would go towards a $33.5 million Healthy Living project between Bank and Wiard streets downtown.

The future site is to be a 78,000-square-foot integrated medical and wellness facility. It's to include state-of-the-art exercise equipment, a new pool, an indoor track, a teaching kitchen, a children’s adventure room play area, plus 22 exam rooms and two medical procedure rooms for primary care, telemedicine appointments, behavioral health and crisis intervention support, cancer prevention, chronic illness, and community education services.

Rochester Regional Health, United Memorial Medical Center and YMCA officials have said the site will serve as a one-stop-shop for many health concerns and fitness goals, and there will also be a drop-in childcare center. 

For prior coverage, go to Healthy Living.

Illustration: File Photo of future Healthy Living campus rendering.

In the mood for some German fruited lager? It’s like a pilsner that’s “bombarded” with notes of prickly pear and blood orange.

“It’s crisp, dry and refreshing, but floral and fruity,” chief brewer Adam Burnett says. “It reminds me of the Southwest.”

That craft brew will be one of three available at this year’s Oktoberfest hosted by Eli Fish Brewing Company. Burnett has been at the brewing helm for the last four years, and involved with the traditional October celebration for the last three. After living in California for 15 years, Burnett didn’t get to experience many of the German-themed events, and this one’s been growing on him.

“It’s becoming (a favorite) … definitely one of the best days of the year,” he said during an interview with The Batavian.”

The fourth annual Oktoberfest has been scheduled earlier this year — at least one week before most fests begin — as a way for people to participate before other events get going. It’s set for 5 to 10 p.m. Saturday at Jackson Square in downtown Batavia.

“We’re excited to see if being one of the first ones brings the energy up even higher,” Burnett said. “Last year we had it at the end of the month, and some people said they had been to four others already.”

Founded in Munich, Oktoberfest this year runs from Sept. 17 through Oct. 3. According to Britannica.com, the festival originated on Oct. 12, 1810, in celebration of the marriage of the crown prince of Bavaria, who later became King Louis I, to Princess Therese von Sachsen-Hildburghausen. But does anyone really care much about the origins of an event that’s filled with German food, beer, music and dancing?

And there will be all of those things, Burnett said. The Frankfurters, a band so popular it has to be booked two years out, will take the stage while its complementary dance troupe whoops it up. Promoted as “the best of the wurst,” the Buffalo performers are dressed to the nines — neuner in German — in lederhosen (leather shorts with suspenders) for the men and dirndls (short swingy dresses with ruffles or a half-apron and peasant-style blouses) for the women.

“It’s just wild, they’re so entertaining. It’s a hoot,” he said. “They’re very fun to watch, very engaging.”

The band is already booked for Eli’s 2023 festival due to its popularity, he said.

Burnett looks forward to pulling on his lederhosen and fully embracing the part, he said. In fact, one can expect Eli Fish staff to be dressed accordingly, he said, and attendees are encouraged to do likewise. Since there is so much activity in the Square — lively polkas, a beer tent and all — it is suggested not to bring a lawn chair to the event, he said. But do wear your dancing shoes.

Another beer at the event will be a standard amber lager and a festival German blond beer, “a step-sister to the amber,” Burnett said. Aged in an oak versus steel container, it has “a nice oaky” flavor, he said.

A 2003 Batavia High grad, Burnett is happy to be back home. He had been a professional brewer in Chicago for three years when Eli co-owner Jon Mager gave him a call. Burnett moved back and sees this gig as a long-term venture. He promises three stellar brews at the Square, with another 23 on tap inside Eli Fish at 109 Main St. It’s not much of a walk, just up the back steps from the Square.

Of course, there will also be bratwurst, huge pretzels and other German fare for the choosing, and some benches outside to grab a seat and a bite.

The mayor of Munich taps the first keg to open the festival every year in Germany, and the total beer consumption is nearly 75,800 hectoliters or about 2 million gallons. This weekend’s event may not reach that volume, but plenty of fun is to be had, organizers said.

Admission is $8 presale and $10 at the door, and each ticket includes one free beverage. There are a limited number of tickets, and Burnett advises buying them sooner than later. They may be purchased at Eli Fish or online.

Photo: Via The Frankfurters website.

Press release: 

Congressman Chris Jacobs (NY-27) introduced the Protect Local Farms Act (H.R. 8756) to prevent the New York State Farm Laborers Wage Board's recommendation to lower the overtime threshold from 60 hours to 40 hours per week from taking effect. Congresswoman Elise Stefanik (NY-21) is a co-sponsor of the legislation as well.

“Two days ago, the New York State Farm Laborers Wage Board handed down their final recommendation to lower the overtime threshold for farm workers from 60 hours to 40 hours – this is a devastating decision made by out-of-touch bureaucrats which will bankrupt family farms throughout our state and end farming as we know it. If Governor Hochul approves this recommendation, she is signing the death warrant for thousands of farms,” Jacobs said. “Farming is not like other industries. It is not a normal work week, is subject to weather, and operates within very slim margins. None of these factors were properly considered before this recommendation was made. Our already small workforce will be further depleted as workers seek more hours in other states, and our farmers will face dire financial burdens. That is why I am proud to introduce the Protect Local Farms Act to combat this ignorant decision and keep the threshold at 60 hours. We need our New York farmers – they’re critical to our community, economy, and health.”

“I’m standing up for our hardworking farmers and workers devastated by Albany’s out-of-touch decision to lower the farmworker overtime threshold. As this decision jeopardizes New York’s agriculture industry, puts thousands of farm laborers out of work, and makes New York less competitive by sending our workers to neighboring states in the midst of a labor shortage, this bill will set a federal standard to ensure the overtime threshold for agricultural workers cannot be lowered beyond 60 hours a week, so our farmers can continue to operate their farms and New York can continue its strong contributions to our food security. I am proud to provide this critical check on Far-Left Democrats who are crushing out Upstate farmers. Upstate families will always support our farms, because we understand: No farms, no food,” Stefanik said.

"The farmworker overtime threshold in New York makes it harder for our farms to make ends meet when we face higher labor costs than nearly every other state in the country. Rep. Jacobs common sense legislation looks to put every farm on the same level playing field. A set minimum federal overtime threshold will eliminate the competitive edge one state has over another and benefit farmworkers at the same time," said Patrick McCormick, dairy farmer and New York Farm Bureau State Director.

The Protect Local Farms Act (H.R. 8756) is designed to combat the New York State Farm Laborers Wage Board decision by mandating federally that the overtime threshold for the agriculture industry cannot be set lower than 60 hours per week – keeping New York’s current threshold in place.

Press release:

The Kiwanis Club of Pembroke Corfu Darien is proud to invite the public to its 15th Annual Car Cruise and Fall Festival on Sept. 18, 2022 from 11 a.m. until 4 p.m. The family-friendly event takes place rain or shine at the Pembroke Town Park, Route 77 just south of Pembroke High School.

Last year, Genesee County’s premier car show attracted over 300 cars, 65 vendors, food trucks, music and raffles. Family activities include a Kids' Car Cruise for those 8 and under, face painting, a bounce house, Big Red’s Magic Show and free train rides. Crossroads House will have a Basket Raffle. There will be the Red Cross Blood Drive. The Pembroke Community Band will be performing.

Car registration is $20 with all the proceeds benefiting kids’ projects in our community.

For more information and for car registration and a vendor application please see our website at www.pcdkiwanis.com.

Photos: File photos by Howard Owens

Press release:

The Genesee County Health Department will be hosting a FREE drive-thru anti-rabies immunization clinic on Thursday, Sept. 15 from 4 to 7 p.m. at the Genesee County Fairgrounds (5056 East Main Street, Batavia).

“Rabies continues to be a public health issue in Genesee County. We urge pet owners to take this opportunity to ensure their pets are protected against rabies,” stated Paul Pettit, Public Health Director for Genesee and Orleans County Health Departments (GO Health). “Our drive-thru clinics are well-organized, run very smoothly and prevent animals from getting into any altercations with other animals.”

Vaccinations are free for dogs, cats, and ferrets, but voluntary donations are accepted. Animals must be at least 3 months old. Each animal must be leashed or crated and accompanied by an adult who can control the animal. Limit 4 pets per car maximum. To save you time, please click here to fill out your registration form in advance. Be sure to print out two copies for each pet to be vaccinated and bring them with you to the clinic.

The next anti-rabies immunization clinics are as follows:

• Genesee County Clinics at the Genesee County Fairgrounds (5056 East Main Street, Batavia, NY)
  • Thursday, October 13^th, 2022 from 4:00 p.m. to 6:00 p.m.
• Orleans County Clinics at the Orleans County Fairgrounds (12690 Rt. 31, Albion, NY)  
  • Saturday, October 15^th, 2022 from 9:00 a.m. to 11:30 a.m.

For more information on Health Department services, visit GOHealthNY.org or call 585-344-2580 ext. 5555 for Genesee County or 589-3278 for Orleans County.

Press release:

The Batavia Society of Artists is hosting artist Karen Crittenden on Tuesday, Sept. 13 at 7 p.m. at Go-Art/Seymour Place, 201 E. Main St., Batavia.  Karen will be doing a hands-on demonstration of Mono Printing on Gelli Plates.  Non-Members are welcome for a $5 fee.  Tavern 2.o.1.will be open for cash purchases during this demo.

Karen is a lifelong artist.  Starting with office supplies, cereal boxes and construction paper when she was very young.  Karen received her first camera at the age of 10 as a gift and has not put one down since then.  She has explored many mediums and styles of art.  In recent times, mixed media has been a well-received favorite as well as her photographs.  

Karen owns and operates Karen’s Yarn Paper Scissors, 550 E. Main St., Batavia, where she offers classes in mixed media, junk journals/folios as well as other art and craft lessons.  She has been doing this for the last 10 years.

Her philosophy regarding art and craft is this: “I sincerely believe that anyone can be an artist.  It takes time and practice and finding a medium you really love and feel comfortable doing.  Anyone can practice art and craft and can learn.  It is up to the teacher to find appropriate ways for people to learn.”

A woman accused of injuring an animal after her dog overdosed three times on narcotics earlier this summer once again failed to appear in City Court on Thursday.

Cassandra Elmore was ordered to appear at 1:30 p.m. and was not seen in court by the time Judge Thomas Burns called her case at 3:20 p.m.

He said a court clerk had received a call earlier in the day from a man who claimed to be an attorney from Pennsylvania and that he was calling on Elmore's behalf, claiming that Elmore had tried contacting her assigned attorney multiple times and her calls were not returned.

Burns said the man provided only a partial address, no phone number, and said his secretary would be in touch with the court.  The man also did not file a motion to change attorneys, Burns noted.

At no time, Burns said, did the clerk say Elmore was excused from her scheduled appearance today.

Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took her dog, Oddey, to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.

See Also: OPINION: Due process often neglects animal victims

Elmore did make her initial court appearance on the case on July 26, when she asked for time to hire an attorney.

On Aug. 11, Elmore failed to show for an ordered court appearance. On that date, a woman who identified herself as a friend of Elmore called and said Elmore was hospitalized.  The caller was informed that the court needed proof of the hospitalization but no proof was sent to the court before her scheduled appearance.

Burns issued a warrant for Elmore's arrest but when The Batavian checked with Batavia PD on the status of the warrant more than a week later, a spokesman for the department said the department never received a warrant for Elmore.

Elmore was arrested on Aug. 30 following a traffic stop in Batavia and charged with criminal possession of a weapon and obstruction of governmental administration.

During today's hearing, Jamie Welch, with the Public Defender's Office, said he was unaware of any messages left for him by Elmore. 

Assistant District Attorney Jenna Bauer told Burns that her office was not contacted by any other attorney claiming to represent Elmore.  She also noted that it took Elmore two months to complete the paperwork required for the Public Defender's Office to represent her.

Following her Aug. 30 arrest, Elmore was ordered to appear in City Court on those charges at 1:30 p.m. Sept. 13.

Burns said she was going to be arraigned on those charges today, so he issued an arrest warrant related to those charges. He also issued two bench warrants for her failure to appear on the two injuring an animal charges.

At the time of her arrest on the animal charges, Elmore lived on River Street.  Welch provided the court with a new residential address for her on East Main Street.  Welch said he would be sending her a letter informing her of her court appearances and would attempt to reach her by phone.

Oddey remains at the animal shelter. Oddey is doing well, according to a member of Volunteers for Animals, but he can't be sent to a foster home or put up for adoption while the legal case against Elmore is pending or until she surrenders ownership.

Previously:

• Woman charged after dog treated repeatedly for narcotics overdose
• Vet told police Oddey was showing signs of drug intoxication during emergency visit
• Elmore asks for time to hire attorney while Oddey waits at shelter
• Warrant issued for woman accused of letting dog OD after she fails to appear in court
• Law and Order: Woman charged in dog's drug overdose arrested again after traffic stop

Press release:

The Genesee Community College Foundation will be celebrating its 30th season of Encore a little earlier this year on Saturday, Nov., 19. This year's event, held in the William W. Stuart Forum, will feature entertainment by Hanna PK and The Blue Hearts.

The annual Encore Gala raises funds for student scholarships giving the local community the opportunity to support students through the College Foundation, while enjoying a very special evening that kicks off the holiday season. This year, co-chairs Robert and Zje Savage are working with GCC's Foundation to plan something truly exciting for the 2022 Encore Gala under the theme "A Night in Casablanca." "We are looking forward to presenting this year's Encore and have many surprises planned for the evening," said Robert Savage.

Bob Savage is a native of Livingston County, where he has operated The WYSL Stations for the last 35 of his 55 years in media. He returned to build the news-and-talk outlet after a career spanning on-air and management duties at stations in New York City, Philadelphia, Detroit, Pittsburgh, Minneapolis and Knoxville. Western New York native Zje Savage is active in the local arts community in metal sculpture and photography. Zje has been a clothing buyer for the past 20 years. Bob and Zje reside in Brighton with their son, Jaz.

"Both Zje and I recognize the importance of education and supporting the Foundation Scholarship program at Genesee Community College. We are honored to be co-chairs of Encore 2022." This year's event theme "A Night in Casablanca" will embrace the essence of this Academy Award-winning feature film.

Proceeds from Encore support scholarships for students attending Genesee Community College. Sponsorship opportunities are critically important to the event, and are available at the following levels:

• "We'll Always Have Paris" Hors D'oeuvres Station Sponsor - $3,000
• "Last Plane to Lisbon" Dessert Station Sponsor - $3,000
• "Sam's Jazz Trio" Entertainment Sponsor - $2,000
• "Inspector Renault's High Roller" Thank You Gift Sponsor - $2,000
• "Here's Looking at you Kid" Photo Booth Sponsor - $2,000
• "The French Resistance" Lighting Sponsor - $2,000

To become a 2022 Encore sponsor or event information, please visit https://gccfoundationinc.org/encore/ or contact the Foundation Office directly at (585) 345-6809 foundation@genesee.edu.

According to Deputy Robert Henning with the Genesee County Sheriff's Office, an SUV facing west on McVean road failed to yield at the stop sign at Route 77 and was struck by a box truck that was traveling south on Route 77.

The female driver of the SUV, in her late 70s, may have suffered a medical event and was conscious and alert, but transported by Mercy Flight to ECMC. The male driver of the box truck, in his early 60s, suffered cuts to the face and was transported to ECMC via ambulance.

According to Deputy Henning, the driver of the SUV will be charged with failure to yield.

Previously: Possible serious injury accident reported in Darien

Photos by Alecia Kaus/Video News Service.

Myrin and Dannielle Lumpkin are excited, to say the least.

The Batavia couple is in progress for an October ribbon-cutting of Mama Dee’z Kitchen in its new location at Eli Fish Brewing Company.

“It’s happening,” Dannielle said. “October 1st.”

In August, the Lumpkins shared with The Batavian at the Italian Fest that their hopes were on the possibility of moving into the downtown restaurant and brewery. 

At a more recent event, they informally disclosed that it’s coming true, and Eli Fish co-owner Matt Gray confirmed the news this week. Papers have been signed, he said.

The former catering company will now be serving dine-in meals and takeouts, plus be available through Grub Hub, Dannielle said.

She has also posted the news online: “what a blessing,” she said.

The Eli Fish site at 109 Main St., Batavia, has housed prior catering and restaurant set-ups as an incubator style: starting small and learning the ropes before expanding into bigger solo establishments.

Eden Cafe & Bakeshop was the last occupant at Eli, and it moved over to Ellicott Street a few months ago as a successful vegan eatery.

Mama Dee’z specializes in homemade sauces and features soul food and Caribbean flavors, barbecues, chicken wings and a slew of spicy jerk and saucy glazed meats and fish.

For more information about Mama Dee'z, click HERE.

Top File Photo: Dannielle Lumpkin serves up some rasta pasta during this year's Italian Festival downtown. Photo by Joanne Beck. Above, she stands in front of her new work space at Eli Fish on Main Street, Batavia. Photo from the Mama Dee'z online site.