batavia

Commonly Asked Workers’ Compensation Questions:

A two-car accident with minor injuries that is blocking traffic is reported at Lewiston and Park roads in Batavia. Town of Batavia Fire Department is responding, along with Mercy medics.

Press release:

Assemblyman Steve Hawley (R,C,I), congressional candidate Chris Jacobs (NY-27), and State Senate candidate Ed Rath (61st SD) will join a host of local Republican candidates and members of the public on Saturday, Feb. 29, at the Dibble Center in Batavia from 9:30 to 11:30 a.m. to kick-off campaign season 2020 and continue petition drive efforts.

All are invited to attend.

Dibble Family Center is located at 4120 W. Main Street Road, Batavia.

Batavia City Council President Eugene Jankowski released a budget message video on social media today.

Deanna Lynn Yox, 34, of Broadway Road, Alexander, is charged with two counts of endangering the welfare of a child. At 9:27 p.m. on Feb. 25, Genesee County Sheriff's deputies responded to a residence on Broadway Road in the Town of Alexander for a physical altercation between a male and female. Following an investigation, Yox was arrested. She allegedly became involved in an altercation with an adult male and struck him multiple times in the face while in front of two children. Yox was issued appearance tickets and is due in Alexander Town Court at 4 p.m. on March 10. The case was handled by deputies Erik Andre and Brock Cummins.

Michael R. Lanze, 30, of Hutchins St., Batavia, is charged with endangering the welfare of a child and second-degree harassment. Lanze was arrested at 10:29 p.m. on Feb. 10. It is alleged Lanze punched another person in the head during a domestic dispute, while in the presence of two children. Lanze was arraigned in Batavia City Court on Feb. 11 and released. He is due back in court today (Feb. 27). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Wesley Rissinger.

Shannon M. Armstead, 26, of Bloomingdale Road, Akron, is charged with: second-degree criminal mischief; petit larceny, thrid-degree criminal tampering; and second-degree harassment. On Feb. 24, Armstead was arrested on a Batavia City Court warrant after being located by NYS Police. The warrant stems from an investigation into a disturbance at an address in the 4000 block of West Main Street Road in Batavia on Oct. 1. Armstead is accused of throwing paint on the victim's car. Following arraignment in city court, Armstead was released on recognizance and is due in city court on March 12. The case was handled by Batavia Police Officer Arick Perkins.

Raymond C. Cook, 49, of Pleasant Street, Le Roy, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- with a prior conviction within the last 10 years; driving while intoxicated -- with a prior conviction with the last 10 years; failure to keep right on a two-lane road; failure to return license plates/registration after revocation; aggravated unlicensed operation of a motor in the second degree -- with drugs/alcohol involved. Cook was arrested on Main Street in Batavia at 1:14 a.m. on Feb. 13. Batavia Police officers Austin Hedges and Nicole McGinnis conducted a traffic stop of the vehicle Cook was driving and allegedly determined he was intoxicated. Cook was arrested, then released with an appearance ticket for March 4 in Batavia City Court.

Heather K. MacPherson, 30, of Gully Road, Le Roy, is charged with driving while intoxicated with a BAC of .08 percent or more, and DWI. MacPherson was arrested at 3:03 a.m. Feb. 23 on Jackson Street in Batavia after she was allegedly found sleeping behind the wheel of her vehicle in the parking lot of a local vehicle. She was issued tickets returnable to Batavia City Court on March 4. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Stephen Quider.

Eric K. Ricks, 41, of Ellicott Street Road, Batavia, is charged with fourth-degree criminal mischief. He was arrested following an investigation into a domestic incident that occurred on Feb. 17 on Thomas Avenue in Batavia. Ricks was transported to Batavia Police headquarters and processed. He was then arraigned in Batavia City Court and released on his own recognizance He is due back in city court at a later date. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Stephen Quider.

Dan. M. Carter, 58, of Leopard Street, Rochester, is charged with identity theft. Carter was arrested on Feb. 24 after a disturbance complaint on West Main Street in Batavia. He is accused of identity theft stemming from an incident at 3:59 p.m. on Feb. 28, 2017 in the 100 block of Walnut Street in the City of Batavia. Following his arraignment in Batavia City Court on Monday, he was released on his own recognizance and was due back in court today (Feb. 27). The case was investigated by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

Adam D. Altobelli, 39, of Schell Place, Rochester, is charged with petit larceny and criminal possession of a controlled substance in the seventh degree. At 8:20 a.m. on Feb. 22, Altobelli was arrested after he allegedly stole a Red Bull energy beverage from the Dollar General store on East Main Street in Batavia. He was allegedly found to be in possession of a controlled substance at the time of his arrest. He was issued appearance tickets for Batavia City Court and is due there March 3. The case was handled by Batavia Police OfficerJoshia Girven, assisted by Officer Stephen Quider.

Jeremy M. Fairbanks, 42, of Jackson Street, Batavia, is charged with failure to comply with a court-ordered program. He was arrested and arraigned in Batavia City Court at 11:55 on Jan. 30 on a bench warrant. It was issued after he allegedly failed to comply with a court-ordered program on Jan. 22. He was released on an appearance ticket for city court Jan. 31 and was placed under supervision of Genesee Justice. The case was handled by Batavia Police Officer Alec Roberts, assisted by Sgt. Dan Coffey.

Devon A. Wright, 18, of Highland Park, Batavia, is charged with unlawful possession of marijuana in the second degree. Wright was arrested at 5:34 p.m. Feb. 12 on Law Street in Batavia after a traffic stop. Wright was released on an appearance ticket for Feb. 25 in Batavia City Court. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Christopher Lindsay.

In Wednesday's Scholastic Bowl competition, Batavia scored 340 points in the second match to beat Notre Dame, 170, and Alexander, 160.

In the first match, Pembroke beat Le Roy and Alden 240 to 230 and 170.

Calvin John Rodriguez, 40, of Hillside Avenue, New York City, is charged with: criminal contempt in the second degree; obstructing governmental administration; two counts of criminal possession of a controlled substance in the seventh degree; criminally using drug paraphernalia in the second degree; and possession of a hypodermic instrument. On Monday (Feb. 24), the Genesee County Sheriff's Office was investigating a violation of a duly served order of protection. Deputies located the suspect -- Rodriguez -- who allegedly had made threatening gestures toward the protected party and acted in a manner contrary to the provisions set forth in the order of protection. During the interview with deputies, he allegedly attempted to flee the encounter and resisted as deputies attempted to perform their lawful duties. He was taken into custody and charged with criminal contempt in the second degree and obstructing governmental administration. The investigation led to the execution of a search warrant at an address on Park Road in the Town of Batavia. During the search, methamphetamine, prescription medications and drug paraphernalia were located, allegedly possessed by Rodriguez. He was arraigned the next day in Batavia City Court on the charge of second-degree criminal contempt -- a qualified offense under the new Bail Reform Law, and the other charges. He was put in the custody of the Genesee County Sheriff's Office in lieu of cash bail or bond. He is to appear in both City and Town of Batavia courts at a later date. Assisting in the investigation were members of the Genesee County Drug Task Force, Sheriff's Sgt. Michael Lute, Deputy Brock Cummins, Batavia Police, along with the GC District Attorney's Office. Rodriguez was also charged with petit larceny in connection with an incident that allegedly occurred the afternoon of June 8 at Kohl's department store on Veterans Memorial Drive in Batavia. He received an appearance ticket and is due in Batavia Town Court on March 5 to answer that charge. The petit larceny case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Ryan DeLong.

Another criminal charge has been filed against a Western New York man who was released from custody Dec. 5 after admitting to stolen property charges in Genesee County Court.

Daniel Jon Lewis, 24, who has variously been listed as a resident of Lima, Chili, and with no permanent address, went on -- if the allegations against him are true -- a crime spree in Genesee County starting Jan. 1.

The latest charge against Lewis is petit larceny for an alleged theft at a residence on Stringham Drive, Batavia, just after midnight, Jan. 3.

Lewis is being held without bail in the Genesee County Jail on a felony robbery charge. He is accused of forcibly taking property from a person on Bank Street, Batavia, on Jan. 1. He was named as the suspect in that case and taken into custody late in January. By that time, he had allegedly committed a number of thefts and fled from police when allegedly caught in the act in the Haven Lane area.

When Lewis pled guilty to criminal possession of stolen property in the fourth degree as a second felony offender on Dec. 6, his attorney, Fred Rarick told Judge Charles Zambito that his client should be released from custody since, under terms of bail reform legislation taking effect at the start of the year, Lewis would be eligible for release while awaiting sentencing.

Neither Zambito nor District Attorney Lawrence Friedman contradicted Rarick's mistaken interpretation of the new law, but it appears that Lewis would not have been eligible for release under bail reform. CLARIFICATION: Lewis was eligible for release; however, his release was not mandatory.

Public Defender Jerry Ader brought the discrepancy to the attention of The Batavian after previous articles noted that Lewis was released from custody because of bail reform. While that may be factually correct, to the degree that was the understanding in County Court on Dec. 5, the truth is, Ader said, bail reform only applies to pretrial/preconviction defendants. 

"The pretrial bail reforms were no longer applicable to his case after he entered a plea of guilty," Ader said in an email to The Batavian. "The judge exercised his discretion when he decided to release Mr. Lewis to the supervision of Genesee Justice. He did not have to do so.

"He also had the authority at any time after Mr. Lewis was released to revoke that securing order and issue a new one, which could have included setting bail if he was not compliant with his release conditions."

Over the course of our discussion of the case, which included Ader reviewing the minutes of the Dec. 6 hearing, Ader asked that in reporting this clarification, we include his view: "I do not know whether the Court would have still released Mr. Lewis under supervision of Genesee Justice if Mr. Rarick had made the request after the plea was entered without any reference to the upcoming changes in the bail statutes. He may have been inclined to do it either way. You can’t tell from the record of the proceedings."

Lewis remains a person of interest, according to criminal justice sources, in the theft and police pursuit involving a Spectrum work truck Jan. 25. Lewis has reportedly been cooperating with investigators on several pending cases.

Previously:

• Two people charged with possession of lots of stolen items in Memorial Day bust in Pavilion
• Man found with stolen property pleads guilty, released from jail pending sentencing
• Police looking for white male with long hair involved in stolen truck incident and chase
• Law and Order: Lima man accused of stealing vehicle on Clinton Street Road, Batavia
• Since being released from jail due to bail reform, man charged with two more crimes, person of interest in Spectrum truck theft
• New charges for man who allegedly went on crime spree after release from jail because of bail reform
• Criminal released because of bail reform faces another set of stolen property charges

Press release:

New York State Labor Commissioner Roberta Reardon today announced she will convene a wage board for farm laborers that will hold hearings, review and make recommendations regarding overtime work for farm laborers in New York State.

Under the Farm Laborers Fair Labor Practices Act, which Governor Andrew M. Cuomo signed into law last year, farm laborers are entitled to overtime premium pay as of Jan. 1 for any work that they perform in excess of 60 hours per week, and for work performed on their designated day of rest.

As part of that Act, the wage board will consider and make recommendations as to overtime work and, specifically, will hear testimony about reducing the threshold for overtime below 60 hours per week and whether to do so in phases.

“We worked hard to ensure this bill included the proper labor protections and benefits that our farm laborers are entitled to,” Commissioner Reardon said. “We have an opportunity to improve the quality of life for tens of thousands of farmworkers. Overtime is a key component and we need to get it right.”

Convening the Wage Board

As required by the Act, New York State Labor Commissioner Reardon will convene a wage board with the following members:

• David Fisher, president of the New York Farm Bureau
• Denis Hughes, former president of the New York State AFL-CIO
• Brenda McDuffie, president of the Buffalo Urban League

Under the Act, the wage board must hold at least three hearings at which the public will be afforded an opportunity to provide comments. The board will hold five hearings in various parts of the state. The board will carefully consider the input it gathers from farmers and other stakeholders.

The board has until Dec. 31 to make its recommendations, after which the Commissioner will have 45 days to take administrative action on those recommendations.

Public hearings are scheduled as follows:

• Friday 2/28 – 11 a.m. – Albany – New York State Museum Cultural Education Center, Clark Auditorium, 222 Madison Ave., Albany, NY 12230
• Friday 3/13 – 11 a.m. – Syracuse – Onondaga Community College, Storer Auditorium, 4585 W. Seneca Turnpike, Syracuse, NY 13215
• Monday 3/23 – 11 a.m. – Binghamton – Binghamton University, Symposium Hall, Center of Excellence Building Innovative Technology Complex, 45 Murray Hill Road, Vestal, NY 13850
• Thursday 4/16 – 11 a.m. – Long Island – Brookhaven Town Hall, 1 Independence Hill, Farmingville, NY 11738
• Thursday 4/23 – 11 a.m. – Batavia – Genesee Community College, William Stuart Forum, 1 College Road, Batavia, NY 14020

Press release:

The Genesee County Economic Development Center (GCEDC) has announced that HP Hood will receive the Economic Development Partner of the Year award at the agency’s annual business meeting on Friday, March 6 at Batavia Downs.

Approximately 250 business, government, community and economic developments leaders are expected to attend the annual meeting.

HP Hood is one of the country’s largest branded food and beverage companies with 13 manufacturing plants throughout the United States. More than 250 food and beverage professionals are now employed at HP Hood’s Batavia facility in the Genesee Valley Agri-Business Park.

Theresa Bresten, vice president and treasurer for HP Hood, will be accepting the award on behalf of the company.

“Since opening its doors in Genesee County in 2017, HP Hood has been a model for success,” said GCEDC President and CEO Steve Hyde. “The company continues to create jobs and is the latest success story in Genesee County’s proud dairy industry.”

HP Hood has invested more than $200 million in expanding, improving and operating its world-class 448,000-square-foot facility at the Agri-Business Park. The facility occupies 82 acres there and it recently purchased 22 additional acres to accommodate future growth.

“HP Hood is honored to have been selected as the GCEDC 2020 Partner of the Year,” said Hood spokesperson Theresa Bresten. “We’re proud of the work we’ve done together to bring new jobs to the local community.

“We look forward to continuing our partnership with GCEDC in enriching the economy of Genesee County and New York.”

The theme of the 2020 annual meeting is “Success Starts Here,” including the growth of Batavia’s food and beverage hub.

In the past 10 years, companies in the Genesee Valley Agri-Business Park and surrounding companies have invested more than $500 million into facilities that employ more than 700 professionals and operate over 1 million square feet of operations.

The event will focus on the GCEDC’s business accomplishments in 2019 and economic development goals and objectives for 2020.

Register to attend the GCEDC Annual Meeting and Luncheon by visiting GCEDC.com.

David James LeRoy, 27, of Gabbey Road, Pembroke, is charged with aggravated harassment in the second degree and falsely reporting in the third degree. At 3:57 p.m. on Feb. 23, LeRoy was arrested after allegedly making several phone calls to the Genesee County Emergency Dispatch Center for no legitimate purpose, and making false reports. He was released on appearance tickets and is due in Pembroke Town Court on March 3. The case was handled by Genesee County Sheriff’s Deputy David Moore.

Three Buffalo residents are charged with crimes following a reported of an alleged larceny from Target in Towne Center at Batavia mall on Feb. 23. They reportedly left the scene and were located on the Thruway in Pembroke. Arrested at 5:25 p.m. Sunday were: Ashley M. Drexinger, 27, of Kensington Avenue, who is charged with third-degree grand larceny – a Class D felony, and fifth-degree conspiracy – a Class A misdemeanor. Ericka K. McBride, 30, of Janet Avenue, is charged with fifth-degree conspiracy and unlicensed operation of a motor vehicle. Kahel S. Suttles, 23, of Dodge Street, is charged with third-degree grand larceny, and unlawful possession of marijuana. All were released on appearance tickets and are due in Town of Batavia on March 5. The case was handled by Genesee County Sheriff’s Deputy Mathew Clor, assisted by Deputy David Moore.

Harry Thomas Gibson, 55, of Watson Street, Batavia, is charged with petit larceny. On Feb. 21 at 6:25 p.m. Gibson was arrested for petit larceny following a complaint of a shoplifter at Kohl’s department store. He allegedly stole three bottles of cologne. He was issued an appearance ticket and is due in Batavia Town Court on March 5. The case was handled by Genesee County Sheriff’s Deputy Mathew Clor.

It was a lot of fun shooting video of FeBREWary last night and I was looking forward to editing the footage this afternoon.

When I got home last night, I put the SD card in my computer and imported the hockey video footage. When that was done, I forgot to import FeBREWary.  

Normally, I don't take SD cards out of the computer and put them right in the camera for the next project. I rotate through them in order to diminish the chance of deleting something I'm not ready to delete. But that isn't what I did this morning -- running late to cover something, I grabbed the SD card I saw first -- the one in the computer. I didn't realize my mistake until I was ready to edit the FeBREWary video.

I was disappointed. My apologies to anybody who was looking forward to being included in the video and to the BID and Downtown businesses.

Photos and write-up submitted by Coach Nicholas Burk.

The Batavia Indoor Track Team had a phenomenal meet yesterday competing in the Sectional Championships at RIT.

The girls' team accomplished an amazing feat, winning their 16th Sectional Championship in 18 years. This was their seventh consecutive championship.

The Blue Devils scored 92 points, edging out Pittsford Mendon with 89.5 points and Pittsford Sutherland with 82 points.

Batavia had a number of clutch performances, highlighted by our throwers. Rebekah Daniszewski won the Shot Put with a throw of 37-8.5, and Maggie Andersen won the Weight Throw with a throw of 44-11.75. Both girls have achieved the State and National standards in their events and will look to qualify for the NYS Championships next weekend.

Arianna Brown continued her impressive season winning the 55 Hurdles with a time of 9.07. She also finished in third in the High Jump clearing 5-0, and third in Long Jump with a 16-3.5. Sarah Adams finished second in the triple jump with a distance of 33-10 and second in Long Jump with a distance of 16-4.75. Sydney Konieczny had a very strong race in the 1000m finishing in secnd place with a time of 3:23.45.

Not to be outdone, older sister Gavin Konieczny was able to earn a second-place finish in the Pole Vault with a height of 9-0. Jianna Torcello and Liz Kingston finished in fourth and fifth place in the 1500m Racewalk.

Batavia's 4x800 Relay of Melanie Quinones, Sydney DellaPenna, Brooke Scott, and Makayla Andalora finished in fifth place with a time of 11:13.70 and the 4x400 Relay of Aurelia Colby, Sydney Konieczny, Maddie Taggart, and Noelia Ventura finished in fourth place with a time of 4:37.98.

This championship was a total team effort and demonstrated that the Batavia girls deeply care for the standard of excellence that the school has established in Section V Track and Field.

"Our strong desire to maintain our winning traditions each year lead our girls to compete at a very high level in this meet," said Coach Nicholas Burk. "We seem to always find a way to get the job done."

The boys' team had a very gritty performance while being down almost the entire meet, but inevitably finding a way to pull out the Championship in the last few events of the evening. Batavia finished with 105.5 points, edging Pittsford Mendon, who scored 101 points.

This is the boys' team's ninth Sectional Championship and its fourth consecutive one. Just like the girls, the boy's team was led by our Impressive group of throwers.

Batavia had seven out of 13 competitors in the Shot Put with Alex Rood repeating as the Sectional Champion with a throw of 54-9.5. Alex is currently ranked second in New York in the Shot and has the State and National Standard as well. Cody Eisenberger finished second in shot with a throw of 48-9.25 and Austyn Fernandez finished fifth with a throw of 42-5.

In the Weight Throw, Batavia had 10 out of 16 Competitors with Alex Rood finishing second with a throw of 53-10.25 and Cody Eisenberger finishing in fourth with a throw of 50-5.25.

The Batavia Pole Vaulters turned the tide of the meet with four athletes placing in the top six.

Daemon Konieczny won the Sectional Championship vaulting 11-6. Andrew Lin finished third with a height of 11-0; Jacob Torcello finished fourth with a height of 10-6; and Quinten Betances finished fifth with a height of 9-6. The 22 points from these athletes turned the tide in this meet and put Batavia ahead by four points with only three events left to score.

Daemon Konieczny finished off his very strong meet with a second place in the High Jump clearing 5-10 and a second place in the Triple Jump with a distance of 42-3.

Also in the high Jump, Jesse Reinhart finished fifth with a height of 5-8.

Batavia's distance athletes battled all meet long and had some clutch races which contributed to the team's success.

Garrick Havens placed fifth in the 3200m with a time of 10:25.39, and he was fourth in the 1600m with a time of 4:47.82. Mario Rosales placed fourth in the 1000m with a time of 2:47.53; Wyatt Gaus Finished sixth in the 1600m with a time of 4:48.48; and Jonah Epps placed fifth in the 600m with a time of 1:30.21.

Terrez Smith placed sixth in the 55m with a time of 6.73; and Jamarion Richardson placed sixth in the Long Jump with a distance of 20-5.25.

The boys' 4x800 Relay of Mario Rosales, Jonah Epps, Cody Harloff, and Garrick Havens had a very clutch performance, edging out a talented Pittsford Mendon team, finishing in second place with a time of 8:46.46.

The 4x400 Relay of Zack Anderson, Ayden Dowd-Devay, Wyatt Gaus, and Max Tomaszewski had a tremendous race, winning the Sectional Championship with a time of 3:44.38.

The final running event was the 4x200 Relay -- consisting of Terrez Smith, Joey Gefell, Gabriel Reyes Mercado, and Max Tomaszewski -- and they placed sixth with a time of 1:37.31.

This was a very impressive meet by the Batavia boys' team as they were down significantly through the first half of the competition.

Many of these athletes fought for those fifth- and sixth-place finishes, which turned out to be the difference in the meet. The depth of our team was on display as each group, the throwers, distance runners, jumpers, and sprinters scored points and contributed to the team's total score.

The Batavia Track and Field program has continued to demonstrate strong character, dedication, and toughness toward accomplishing the goal to uphold the tradition and reputation of the school's track teams.

A number of other athletes trained with Batavia this winter from other Genesee Region schools:

• Emily Tait -- Attica: second in the Class C Long Jump (18-4.5); second in the Class C Triple Jump (38-9.75)
• Veronica Duell -- Byron Bergen: third in Class C Long Jump (16-6.75); ninth in Class C 300m (47.96)
• Dylan Rykert -- Oakfield Alabama: first in Class D Weight Throw (39-4.25); first in Class D Shot Put (43-9.25)
• Zack Hall -- Oakfield Alabama: first in Class D 1000m (2:40.06)
• Nick Munger -- Oakfield Alabama: first in Class D Pole Vault (10-0); fifth in Class D 1000m (3:00.15)
• Fanny Vanegas -- Elba: first in Class D 1500m (5:26.71)
• Kelly Mickey -- Elba: third in Class D 55m (7.89); fifth in Class D 300m (46.32)

In an email to Board President Pat Burk, Korzelius wrote: "This will serve as my written notice to the board of my resignation to focus more time on work and family. Thank you to all for relationships that have been built and good luck going forward."

Korzelius was initially appointed to the board in 2017 to fill the unexpired term of Leslie Johnson and then elected to the board in 2018. His term was set to expire at the end of June 2021.

His bio has been removed from the district website.

Photo: District photo.