batavia

For many people the neighborhoods where they spent their young years, the houses they lived in and the things that happened there become an indelible part of their childhood memories. As folks get older, with more time behind them than there is ahead, those remembrances seem to come to mind more and more often. My recollections are of the Thomas and Ellicott avenues neighborhood where I spent my years between ages 1 and 10.

Newlyweds
My parents, Jim and Anna Newhouse Reilly were married in April 1944. Dad was serving as a lieutenant in the Army Air Force during World War Two and was stationed at Mitchell Field in Long Island. He had wanted to be a flier but was too tall for the cockpit and at the age of 33 a bit too old. So he had to settle for piloting a desk.

After their wedding in Batavia at St. Joseph's Church ( mom was not  Catholic, but agreed to convert) and reception at Young's Restaurant on Main Street the newlyweds lived in Long Island until dad got shipped overseas for mop-up duty at the end of the war. Mom returned to Batavia to stay with her parents at 25 North Lyon Street until dad was discharged after the war ended.

When my father returned to Batavia he and my mom rented an idyllic spot at what they always referred to as “The Mill” on Seven Springs Road east of town. In a wooded expanse, there was a stream and a pond. The pond emptied over a small waterfall and a small grist mill had been built there in 1811 with a waterwheel for grinding grain which continued for that use for 80 years. From the early 1900s until the 1940s it was owned by a family named Gubb and used as a riding camp and stables. Today it is the Chapin Mill Retreat Center used by spiritual groups for meditation. 

 The Mill on Seven Springs Road where my parents lived when I was born (photo courtesy of Ed Kademan)

The sale of the Mill property to the Chapin family and my parents' desire to own their own home with room for kids led to them buying their first house at 26 Thomas Avenue in the City of Batavia. Located off West Main Street that was where I spent my early years and where my brother Dan was born in 1949.

The Houses
The Thomas Avenue house had plenty of room with three bedrooms, a basement (with a cistern which is still there but not used), and an attic. Upstairs was a cedar closet that had a nice aromatic fragrance.  I used to hide out in there and read Hardy Boys books. There was also a detached one-car garage which might have fit a Model T, but it was too small for the long finned and big bumpered monstrosities of the '50s.

One downside, which resulted in us eventually moving, was the tiny back yard which wasn't even big enough to play catch in. About  20 yards behind the house was someone else's garage on Dellinger Avenue the next block over.

Dave (right) and brother Dan (left) on porch of 26 Thomas Ave. 1955

In 2011 I happened to drive by my former home and noticed a for-sale sign with notice of an upcoming open house. On a Sunday afternoon, I showed up and probably made a mistake by telling my real purpose of the visit to the realtor. Once she found out I wasn't a buyer she kept trying to hurry me along when I wanted to browse around and reminisce.

It was kinda like the twilight zone to be walking around in a house I hadn't been in since 56 years ago. Subsequent owners had changed a few things (the cedar had been removed from the closet), but mostly it was the same. The one thing that really surprised me was how small my childhood bedroom was. My little kid self had seen it as a lot larger.

Dave on the porch of 26 Thomas Ave. 2011

In 1955 my parents sold the house because they wanted a big yard for us kids to play in and for my mom to garden. But, they couldn't find that house right away so for two years we moved one block to the west. If you cut through a couple of back yards (which we often did) it was literally a move of a few hundred yards. We rented the top floor of a huge house at 20 Ellicott Avenue, a wide street with many expansive and beautiful homes. So, new and smaller living quarters (I grudgingly had to share a bedroom with my brother ), but same neighborhood, same kids. One cool thing was we had a second-floor screened porch and I remember sitting out there watching tree limbs fall when the winds and rain from a hurricane moved through. We also had a bigger yard with an apple tree.

20 Ellicott Ave. 2021
 

The Neighborhood
Thomas-Ellicott was a good place for kids to grow up. Two blocks north was State Park (now Centennial Park) where we'd play and go sledding in the winter. A few blocks to the East was Austin Park which had a wading pool. On the corner of Thomas and Washington avenues was a vacant lot ( a house is there now)  where we'd frequently play, so the small yard didn't deter us kids too much.

If mom needed a quart of milk (in a glass bottle) or a pack of smokes ( Viceroy) Corrigan's grocery was around the corner on Main Street.  Mr. Corrigan's daughter was pretty good about letting a kid look through some comics if you didn't bother anyone. Since this was just post-World War II  and the Korean War my favorites were what we called “army comics” and I had quite a collection. Like a lot of other things I should have saved which became valuable, I wish I had kept them.

Next to Corrigan's was J. Frank Dicke's bike shop where my parents bought my first bike. My mom was a worrywart though and wouldn't let me get a two-wheeler until I was 10. So, until then I was reduced to tooling around on a big trike. My friends teased me that if I got a dog in a basket I'd look like Margaret Hamilton in The Wizard Of Oz.

Across from Austin Park was Washington Elementary School ( currently it's RRH Reed Eye Associates.) I attended Kindergarten there until I switched to St. Mary's for first grade when it opened. For some strange reason, I remember virtually nothing about that year. My mom kept a class photo and I don't recall the teacher or the kids.

Across Main Street was the Holland Land Office Museum where I spent a lot of time when I got a little older and my mom would trust me to cross the busy thoroughfare. One of my earlier stories was about how I tried to hoodwink the museum director into displaying a fake artifact I supposedly found ( I failed).  

Kitty-corner across the street was the residence of our family physician Doctor Biagio Mansueto. He made house calls so that was pretty convenient if you needed him or you could go right to his house like my mom did with me when I managed to get a dime stuck in my nose at church. 

Next to the Mansueto's lived an elderly woman named Gladys Foster. She had a bunch of red currant bushes behind her garage and I tormented her by constantly picking them. If I was more clever I could have used the excuse that I was just keeping up with currant affairs.

When we moved to Ellicott there was a widow downstairs named Midge who was raising a couple of kids (older than me) on her own. My mom, who easily made acquaintances with almost anyone, became fast friends with her. For some reason, I recall being downstairs with them when Elvis made his swivel-hipped appearance on the Ed Sullivan show in 1956. Midge wasn't too impressed.

Neighborhood Shenanigans
I have remarked before that it's odd that you often remember quirky things that took place rather than all the big occasions like Christmas, Halloween, etc.  I certainly have my warm memories of family times, but also some vague recollections of little weird or funny incidents that happened.

We had a bully in our area whose name I can't recall, but at Christmastime when I do my annual viewing of “A Christmas Story” on television the bully being described as having “yellow eyes” always makes me think of him. One time he caught me alone on Dellinger Avenue and believe it or not he tied me to a tree and left me there. Did the kid carry rope with him just in case he came across a victim?  More unbelievably though, that was the day I  had sneaked a paring knife out of my mom's kitchen drawer.  Why?  Little boys do stuff like that. So, I was able to cut myself free. But, I couldn't even tell my mom about it (it was embarrassing anyway) because I had to surreptitiously get the knife back without getting caught.

On Ellicott Avenue was the residence of a well-known Batavia photographer. He had a son my age and one day I went over there to play. For some reason, we were up in the attic and the kid locked me in there and went away. After I pounded on the door for a while his mom let me out. Are you seeing a pattern here?

But,  I wasn't always a wimp.  I've only been in two fights in my life, both when I was a kid. One day we were playing at a property on Thomas where there was a big iron fence (it's still there). A kid from Lincoln Avenue named Billy was picking on my little brother. Of course, I tormented Dan every single day. It's almost a requirement of big brotherhood. But I couldn't let someone else do it. So, I took the kid on. I think I won but had a couple of scrapes to show for it. And my brother owed me.

So if I wasn't a fighter was I a ladies' man? Near the corner of Washington Avenue and Dellinger lived a little girl named Nora Ann. We were friends and played together until inevitably the teasing began. “Dave's got a girlfriend!”  I would have been glad to hear someone say that in high school, but at age 7 or 8  it was the kiss of death. Luckily, we went to different schools so I could avoid her and the needling.

Little kids have vivid imaginations and my friends and I were no different. On Dellinger lived an elderly woman. Due to her wizened appearance, we conjured up in our feeble brains that she was a witch. One day  I got up the nerve to go into her enclosed porch, I think with the intent to peek in her window may be looking for a pointy hat or a bubbling cauldron. . My friend waited by the sidewalk.  Suddenly he yelled, “Dave, the old witch is coming down the street!” and took off like he was shot out of a gun. I froze and then spotted one of those cushioned porch swings. Quickly, I crawled underneath and waited, shaking and trembling. Hansel and Gretel's images involving me in an oven flashed through my head. I heard the porch door open and saw some black shoes and heard a key in the lock. The door closed behind her as the “witch” went inside. I scrambled out from my hiding spot and seemingly in seconds was halfway down the street and didn't stop running until I got home. The poor woman who had probably gone to Corrigan's to get a few groceries had no idea that any of this took place. Nonetheless, when we went trick or treating on Halloween we gave that house a wide berth.

One time when I was little,  our neighbor, Dr. Mansueto's son Freddy (who was older than me and went on to a lifetime career as an FBI agent), decided to take me along on an expedition to some wooded property his family owned out on Walnut Street. This wasn't good for a number of reasons: he didn't tell anyone where he was going, we had to cross Main Street and a bridge over the Tonawanda Creek and some railroad tracks and I was about 3 or 4  years old. A frantic search ensued and four parents were pretty upset until we arrived back home. I don't know what punishment Freddy might have received, but my mom wasn't going to let something like that happen again. She bought a harness that fits a child and tethered me to our backyard clothesline so I could no longer wander off. I suppose you could say mom was fit to be tied so she made sure I was too.

In the summer of 1957 when I was 10, my parents found their house with a big yard at 122 North Spruce Street and we moved to the east side of town. This resulted in a bunch of changes and  new opportunities for kid capers as I and my friends got older.

Paul Jerge was born blind, but that hasn’t altered his perspective. 

Although he is visually impaired, the 69-year-old enjoys spending time with family, rooting for the Buffalo Bills and checking out the latest news from his local paper. He just sees in a different way, he says. 

“I follow sports, but I like to read the actual articles, and watch games on TV. I consider it reading … I always say ‘watch’ because that’s what everyone else is doing,” Jerge said to The Batavian. “I’m listening to something all day.  I like to support it. The volunteers give of their time and I really appreciate that.”

In the last few months, Jerge, a 1972 graduate of the State School for the Blind in Batavia, has added the Niagara Frontier Radio Reading Service to his repertoire as a way to enhance his pool of printed materials. He does everything on his smartphone, including connecting to the online reading service for some news, podcasts, magazine or book recitations.  

Niagara Frontier Radio Reading Service has “given voice to the printed word” since 1987. The nonprofit supplies 100 volunteer readers — a number expected to keep growing — for several areas throughout Western New York. Staff is planning to expand into the Southern Tier and small cities including Batavia, Mark Robinson said. 

A former executive director for other agencies in the Buffalo area, Robinson wanted t to slow down a bit, he said. He discovered the radio reading organization two months ago. 

“I really wanted to be part of this; it really is amazing,” he said. “We’ll have boots on the ground in Genesee County very soon.”

There are 150,000 potential listeners that are not able to access the service in this area, he said. So far, the service has covered western regions, including Erie County. There are 500 receivers (provided free of charge) out in those communities for listeners, while the online listeners are a majority of the service’s consumer base, he said. There are apps for smartphones, an online website and access through other devices, including Amazon Echo and Google Home. 

People just like Paul Jerge can access a world of printed materials with just a click or a voice command on a smart device. Within a 24-hour daily schedule, volunteers read the news, perhaps something from the Wall Street Journal, USA Today, a best-selling book, the Buffalo Bills Digest and from several other sources. One the most popular readings isn’t an article at all, Robinson said. 

“They like the Sunday shopping ads,” he said. “They could be disabled veterans, were born blind, lost their sight due to disease or injury. Anybody can access it; as of two years ago, anyone in the world can. We’re working on expanding the service into Rochester and the Genesee Valley.”

Although anyone can access and listen, volunteers are still vital to the program, he said. They are needed to read the news that is local to the area in addition to those John Grisham novels and the like. 

Robert Sikorski, a Buffalo lawyer, founded the organization in March 1987. Thanks to a federal law on the books allowing printed materials to be read for the purpose of enriching the lives of the blind or sight-impaired without copyright infringements, the reading service just surpassed its 35 year anniversary. It now boasts having tallied more than 250,000 hours of reading.

Many volunteers read without leaving their homes, or it can be done at the service’s home base studio in Cheektowaga. All that’s required, Robinson said, is to read out loud and a desire to help. Reading usually takes a couple of hours per week. The service is funded by grants and donations, and listeners have often become strong financial supporters as well, he said.

Robinson is seeking people interested in forming a committee in Genesee County. For more information about that or obtaining a free reading radio, becoming a volunteer and/or donor, go to: www.nfradioreading.org or call (716) 821-5555.

Just before 1 p.m., Town of Batavia Fire responded to 4018 South Main Street Road for a chimney fire.  

There was heavy smoke but no flames showing when firefighters arrived on scene. 

A chief on scene suspected creosote build-up as the cause of the fire.

All occupants were safely out of the structure.

The fire was contained to the chimney.

Photos by Philip Casper.

Melvin A. Huntley is indicted on four counts of sexual abuse in the first degree, a Class D violent felony, two counts of rape in the first degree, a Class Class B violent felony, four counts of rape in the third degree, a Class E felony, one count of endangering the welfare of a child, a Class A misdemeanor, three counts of predatory sexual assault against a child,a Class A-II felony, four counts of course of sexual conduct against a child in the second degree, a Class D felony, three counts of sexual abuse in the first degree, a Class D violent felony, a count of rape in the second degree, a Class E felony, and three counts of sexual abuse in the first degree, a Class D violent felony. Huntley is accused of sexual contact by force twice in the summer of 2015. He is accused of sexual contact with another person by force in the winter of 2016. He is accused of sexual contact with another person by force in the summer of 2017.  He is accused of sexual intercourse with another person by force in the summer of 2017.  He is accused of sexual intercourse with another person by force in the summer of 2016.  He is accused of sexual intercourse twice, while being 21 or older, with a person less than 17 years old in the winter of 2016.  He is accused of acting in a way injurious to a child in the winter of 2016. He is accused of engaging in sexual intercourse with another person less than 13 years old by force in or about the year 2001. He is accused of being 18 years or older and committing rape in the first degree by engaging in sexual intercourse with a person less than 13 years old in or about the year 2012 through 2021. He is accused of engaging in two or more acts of sexual conduct, including at least one act of sexual intercourse, oral sexual contact, or anal sexual conduct, with a child less than 13 years old in the summer of 2013 through July of 2021. He is accused of sexual contact with another person less than 11 years old in the summer of 2013 and in September 2015.  He is accused of engaging in sexual intercourse, being 18 years old or older, with a person less than 15 years old, in June 2021. He is accused of sexual intercourse, being 18 or older, with a person less than 17 years old in June 2021. He is accused of subjecting a person less than 11 years old to sexual contact in June 2019 and in the summer of 2019 and in December 2020. He is accused of engaging in sexual intercourse with a person incapable of consent in June 2021.

Brennan M. Dean is indicted on a count of assault in the second degree, a Class D violent felony. Dean is accused of assaulting a Genesee County Jail corrections officer, contrary to penal law while being convicted of a crime and being incarcerated at a correction facility. 

Arthur J. Brown is indicted on a count of grand larceny in the fourth degree, a Class E felony. Brown is accused of stealing a debit card on Aug. 11 in the Town of Le Roy.

Wade J. Murray is indicted on counts of unlawful imprisonment in the first degree, a Class E felony, strangulation in the second degree, a Class D violent felony, assault in the second degree, a Class D violent felony, and attempted assault in the second degree, a Class E felony.  Murray is accused of restraining a person in a manner that could cause serious injury on July 12 in the Town of Oakfield. He is accused of applying pressure to another person's neck with the intent to impede breathing or circulation of blood. He is accused of causing serious injury to another person with a dangerous instrument, a boot. He is accused of intending to cause serious physical injury to another person.

Carlos Diaz, 21, of South Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and speeding.  Diaz was stopped at 2:10 a.m., March 25, on Route 33, Bergen by Sgt. Mathew Clor.  He was allegedly driving 101 mph in a 55 mph zone.  He was released on traffic tickets.

Arnold Keith Shaffer, 55, of Orange Grove Drive, Batavia, is charged with petit larceny. Shaffer is accused of stealing several items from Walmart at 4:36 p.m., March 23.  He was issued an appearance ticket.

Press release:

The Genesee Society of Model Engineers will host the 100th “Great Batavia Train Show” on Sunday, April 3rd, 9:30 a.m. to 3:30 p.m., at the Richard C. Call Arena, Genesee Community College, 1 College Road, Batavia, NY 14020. Admission: $6 (Adults), $3 (under 18 yrs.), Free (under 13 yrs.)

The train show typically attracts 1,200 to 1,500 model railroad enthusiasts and railfans from across Western and Central NY, Northwestern Pennsylvania, and Southern Ontario. There are over 100 vendors occupying 250 tables offering merchandise ranging from antique railroad artifacts to the most modern digitally controlled model trains. This year the Club will also be hosting the “Batavia Railroad Prototype Modelers Meet” along with the train show.

“We had hoped to host this milestone event back in 2020 but it got side-tracked due to COVID”, said Mike Pyszczek, Train Show Chair, “It's great to get things back on track again.”

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

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

The Genesee Society of Model Engineers is located at 50 Main Street (Rte. 63), Oakfield, N.Y. (above the M&T Bank) and is open Tuesdays from 7:00 p.m. until 9:00 p.m. Business meetings are held the last Tuesday of each month. Visit www.gsme.org. Like us on Facebook. Visitors welcomed. (Stair access only.)

The Batavian Video: From the 2019 train show.

Michael Alan Jones, 24, of Welford Road, Charlotte, N.C., is charged with criminal possession of an assault weapon 3rd, criminal possession of a weapon 3rd (ammunition feeding device), unsafe turn, number plate violation, driving an unregistered vehicle on a highway. During a traffic stop at 4:36 p.m., March 19, on School Road, Le Roy, by Deputy Kenneth Quackenbush, Jones was allegedly found in possession of an AR-15 rifle. He was arraigned in Town of Le Roy Court. He is scheduled to appear again on April 21.  Deputy Nicholas Charmoun assisted in the investigation.

Krystle Denise Sanders, 37, of East Avenue, Batavia, is charged with petit larceny.  Sanders is accused of shoplifting from Walmart at 10:43 a.m., March 18.  She was released on an appearance ticket.

Katherine Frances Foels, 36, of Elm Street, Attica, is charged with petit larceny. Foels is accused of shoplifting from a store on Veterans Memorial Drive in Batavia. The name and address of the store were withheld from the press release. Foels was released on an appearance ticket.

Adam Eugene Bortle, 38, of Lackawanna Street, Wayland, is charged with promoting prison contraband and three counts of criminal possession of a controlled substance. Bortle was transported to the Genesee County Jail after being arrested on a warrant. He reportedly denied possessing any narcotics or other contraband.  He was allegedly found in possession of controlled substances during a search.  He was held until arraignment at a later date.

Ryan Thomas O'Connor, 37, of Center Street, East Aurora, is charged with DWI, driving left of pavement markings, and moving from lane unsafely.  O'Connor was stopped on Route 77 in Pembroke at 10:59 p.m., March 19, by Deputy Trevor Sherwood. He was issued an appearance ticket.

Anthony Daniel Micucci, 27, of Darien Alexander Townline Road, Alexander, is charged with escape 2nd.  Micucci was reportedly arrested on a warrant and while entering Town of Pembroke Court at 3:45 p.m, March 12, Micucci allegedly escaped from custody by running from law enforcement. He was taken into custody by Deputy Kevin McCarthy after a foot pursuit. He is also charged with three counts of criminal contempt 1st for allegedly violating an order of protection by calling the protected party in a complete stay-away order.  He was issued an appearance ticket.

David Michael Martin, 61, of West 6th Avenue, San Manuel, Arizona, is charged with bail jumping second.  Martin was arrested in Arizona and extradited to New York after allegedly failing to appear in Genesee County Court on a grand larceny 3rd charge.  He was arraigned in County Court and ordered held on $5,000 bail.

Sean G. Johnston, no age or residence provided, is charged with assault 3rd. Johnston was charged following an investigation by Le Roy PD into a disturbance at an apartment building in the Village of Le Roy.  No date or time for the disturbance provided. Johnson was issued an appearance ticket.

Cyle Hindle, no age or residence provided, is charged with felony DWI, aggravated unlicensed operation 1st, and driving with unsafe tires. Hindle was stopped by Le Roy PD at a time and date and location not specified in the release. He was issued an appearance ticket.

Brian M. Raphael, 33, of Batavia, is c charged with petit larceny. Raphael is accused of taking a package delivered by Amazon from the porch of a residence on Summit Street on March 11 at 12:01 p.m. Raphael was allegedly found with the package by Batavia PD after the resident was notified by Amazon that the package had been delivered.  He was issued an appearance ticket.

Brooke M. Davis, 29, of Medina, was arrested on a warrant. Davis is accused of failing to appear for a court appearance in the Town of Batavia. Davis was arraigned in Town of Batavia Court and released on her own recognizance.

Leroy M. Stafford, 41, of Basom, is charged with felony DWI, aggravated unlicensed operation 1st, and driving without an interlock device. Stafford was stopped by State Police at 8:54 p.m., March 20, in the City of Niagara Falls. He was released on an appearance ticket.

Steven A. Wasielewski, 38, of Pembroke, is charged with criminal obstruction of breathing. Wasielewski was arrested by State Police in connection with an incident reported at 12:21 p.m., March 20, in the Town of Pembroke. He was released on an appearance ticket. No further information released.

1367 Lewiston Road, Alabama. Large two family home, in need of some TLC but is solid and consistently rented. Each apartment is large with two and three bedrooms decent kitchens, laundry available in both units and has good size yard! Conveniently located minutes from thruway and all major routes for quick commute access. Located next to Alabama Hotel and Holly Farms for great food and tenant convenience!

Press release:

Each year, ExxonMobil offers more than $2M of grant funding to its distributors to support local schools in their marketing area. 

ExxonMobil has awarded John Kennedy Intermediate a $500 Educational Alliance Math & Science Grant under this program.

Reid Petroleum, a local distributor for ExxonMobil, has also matched the $500 donation, bringing the total grant amount to $1K.

The grant is authorized for use in a number of ways, including films, speakers, or field trips to science centers; Student volunteer programs; Scholarships or awards to encourage academic or leadership excellence in math or science; Science fairs, parent/student events; Educational tools, such as computers, math or science books, calculators, software geared toward math or science.

Since 2000, ExxonMobil has donated close to $1.25B in grants for the Educational Alliance program. 

CEO of Reid Petroleum, Paul Reid, shares a vision of education and community involvement and has been involved with the program for close to 15 years, expanding it to include more schools in the past few years under the leadership of Meredith Reid Harris.

This is the second year John Kennedy Intermediate has received a grant from Reid Petroleum/Crosby's.

Submitted Photo: Superintendent Jason Smith, John Kennedy Intermediate Principal Brian Sutton, Pam Kilgore, Team Leader at Crosby’s Batavia, Mike McCarthy, VP of Sales and Marketing, Reid Petroleum, Jack McCarthy, John Kennedy Intermediate Student, John Kennedy Intermediate Assistant Principal Heather McCarthy. 

Press release:

Auto Wash Car Wash, with a location on West Main Street in Batavia, is matching dollar for dollar all donations made to a Ukraine relief fund when a wash is purchased until it reaches its goal of raising $5,000.

To donate, simply select a donation amount ($1, $3, or $5) at the pay station at our car wash and pay with cash, credit, or apple/android pay.

All money raised will go to the International Committee of the Red Cross https://www.icrc.org/en/donate/ukraine and Baranova27 (@baranova27) which provides humanitarian aid and supplies to families and frontline heroes of Ukraine.

Money raised will be split 50/50 between these two organizations. 

Auto Wash has six car wash locations serving the Auburn, Batavia, Canandaigua, Farmington, and Geneva communities. Visit www.AutoWashCarWash.com/ukraine for more information on this fundraiser.

Our hearts all go out to those affected by this crisis, thank you for your donation. 

Press release:

The Batavia Development Corporation (BDC) will begin the process of seeking a new Director of Economic Development.

Brett Frank, the current BDC Director of Economic Development, has accepted a position with the City of Batavia, his last day with the BDC will be March 25^th, 2022.

“On behalf of the board of directors of the Batavia Development Corporation we wish Brett the very best in his new endeavor,” said BDC President Lori Aratari.   

In the upcoming weeks the official employment posting and brochure will be listed on the BDC and City of Batavia’s websites.

Three years after taking a stand for First Amendment rights by requesting a transcript from Genesee County Family Court, The Batavian received vindication with a ruling that stated such information cannot be denied to the media company.

Stemming from a Family Court case in November 2019, the request was made after Howard Owens, publisher of The Batavian, was barred access to Genesee County Family Court. Attorney Thomas Burns, who represented a woman accused of hitting her child with an object, had filed a motion alleging that prosecuting attorney Durin Rogers had a conflict of interest because he was also a part-time City Court judge. Burns filed the motion claiming that as a City Court judge, Rogers would also be able to interact with other members of the county’s criminal justice system, and he should be disqualified from that particular case. 

Niagara County Family Court Judge Erin DeLabio barred Owens from access to the courtroom for the conflict of interest hearing, and also ruled against the request for a transcript of the hearing. She cited “confidentiality” concerns that outweighed The Batavian’s belief that the transcript was public information that should be accessible to the press. 

DeLabio’s decision was also partially due to her belief that Rogers had already been elected to the full-time City Court judge position and any potential conflict of interest would therefore have no bearing on the election. The election was not the basis for the initial motion filed by Burns, but, rather, the two roles served simultaneously by Rogers.

Owens and his legal team, led by Heather Murray, managing attorney for The Local Journalism Project at Cornell First Amendment Clinic, filed an appeal on that ruling in December 2020.

A final decision, issued by the Fourth Judicial Department of the Appellate Division on March 18, stated:

“To the extent that the court determined that the attorney disqualification hearing was no longer relevant because Rogers had already been elected to the full-time judgeship, we agree with appellant that the court improperly ignored both the continued importance of appellant’s role in reporting accusations of ethical violations or conflicts of interest on the part of a judge and the principle that, here, it was within the province of the appellant to determine whether the hearing on the disqualification motion remained newsworthy.”

“On the merits, appellant contends that the court violated its right to attend the disqualification hearing and that it is therefore entitled to a transcript of the hearing, the release of which, with appropriate redaction, would be consistent with Family Court Act § 166 … we agree.”

It was a determination expected by Owens based on his knowledge of the First Amendment and state law and assistance from Cornell University, he said. 

“When I was first excluded from the courtroom, I knew the law was on my side. This ruling affirms that all courts in New York are open to the public and can’t be closed to the public without a hearing and factual findings within the perimeters of the law. I knew from my initial research on our exclusion from the hearing that there isn’t much case law affirming this principle for Family Court, so this ruling is especially significant,” he said Saturday.

“The language of the law governing access to courts, including Family Court, is very clear and easy to understand.  It doesn’t surprise me that The Batavian prevailed with its appeal.

“It’s long been my belief that local journalists have an obligation to stand up for transparency in government and the right to public access to public business.  I’m grateful to the Cornell First Amendment Clinic for taking up this case. Mark Jackson and Heather Murray recognized the principles involved in this case and all of the students -- notably Ashley Stamegna -- who did the hard work of researching case law, writing briefs, and presenting arguments, were dedicated to the First Amendment issues at stake.

“One of the principles in this case that I’m glad the court recognized, is that journalists and not government officials, even judges, make editorial decisions and determine what is newsworthy.  When the presiding judge in this case ruled that the material we sought was no longer newsworthy as a reason for her denial of our request for a transcript, it was particularly galling.  It was important that such an egregiously reasoned ruling not be allowed to stand.

“The ruling is also significant because the justices were unequivocal in their reasoning.  There is no wiggle room in this ruling for judges in future courtrooms to close off access without ensuring they are properly following the law.

“It’s important to note, the law still gives Family Court judges great authority to protect the privacy of children in Family Court matters.  This ruling doesn't change that but it does emphasize that judges cannot arbitrarily exclude the public from proceedings.”  

The decision will remand the issue back to Genesee County Family Court to provide Owens with a copy of a redacted (blacking out items of confidentiality) transcript. That’s all he was asking for in the first place, Owens said.

“All we requested was a redacted transcript (to protect the privacy of the family involved in the case), so we were surprised and disappointed in DeLabio’s decision,” he had said at the time of appeal. “Most troubling in her ruling is her statement, ‘The motion was heard AFTER (her emphasis) the local elections. Reporting anything that the (sic) Batavian thinks is relevant to the election after the fact, would have no impact on the election …’”

“Judge DeLabio is not employed by The Batavian. She is not an editor. She is a judge. It is not her place to pass editorial judgments on what is newsworthy.”

We are thrilled by the complete victory for our client,” Cornell Law School First Amendment Clinic student Ashley Stamegna said. “Without judicial transparency, we cannot ensure that justice is being done in our courts of law. The Fourth Department’s opinion reaffirms the New York courts’ commitment to providing the transparency that both the law and the public requires. The opinion also clearly demonstrates that it is the province of local journalists—not the courts—to determine what content is newsworthy.” 

Stamegna argued on behalf of The Batavian at the Fourth Department. The Cornell First Amendment Clinic team at the appellate level included lead attorney Heather Murray, Mark Jackson, Jared Carter and students Timothy Birchfield and Christopher Johnson. Murray and Cortelyou Kenney argued at the lower court with summer fellow Samuel Aber assisting with the briefing.

File Photo: Taken of Niagara  County Judge Erin P. DeLabio in 2019 from outside Genesee County Family Court through the doorway window.

To read the full decision, click here (PDF)

Previously:

• Judge blocks press from covering conflict-of-interest motion
• The Batavian considers appeal after judge rules against request for transcript of Family Court motion

Press release:

Joie shared a little bit of her life, her hopes and dreams on WBTA Radio, Friday morning during an Arc GLOW interview on Developmental Disabilities Awareness Month.   She told listeners that shortly after she was born she had a stroke, resulting in a seizure disorder. She has an autism diagnosis and attends Arc GLOW’s Community Prevoc program to help develop work skills.  The Prevoc program introduced Joie to activities including delivering Meals on Wheels and volunteering at a food pantry. 

“I love volunteering at the community food pantry in Oakfield, and would love to open a food pantry of my own someday,” Joie said.

Arc GLOW’s Shelley Falitico shared Developmental Disabilities Awareness Month is a time to raise awareness about the inclusion of individuals with developmental and intellectual disabilities in all areas of community life and it’s an opportunity to highlight their contributions.

“Individuals living with disabilities in Genesee, Livingston, Orleans, and Wyoming counties are making contributions to our community across the spectrum,” Shelley said.  “This month may be nationally recognized as DD Awareness month but we at Arc GLOW celebrate daily individuals with disabilities served, families, guardians, friends, providers, staff and all of those who use their talents and continue to push initiatives that help individuals with disabilities create a more inclusive community,” she added.   (Listen to Friday’s full interview, posted on the Arc GLOW Facebook page).

During Developmental Disabilities Awareness Month, Arc GLOW has kicked off its annual Membership Drive, received proclamations from each of the four GLOW County Legislatures/Boards of Supervisors, and is participating in restaurant and cookie fundraisers across the four counties.  Details can be found on Arc GLOW’s website, www.arcglow.org. 

Dan Eckerson scored the winning goal in overtime this morning at David M. McCarthy Memorial Ice Arena to give the Newstead Homes Kings the Batavia Men's League Champsionship for 2022.

The Kings beat the Kioti Tractor Coyotes 4-3.

The King's roster:

• Evan Eckerson, 23
• Paul Greane, 10
• Dan Eckerson, 22
• Colton Cole, 3
• Jake Bower, 5
• Dan Langendorfer, 2
• Mike Scinta, 1
• Eric Bison, 7
• Mark Brooks, 8
• Joe Miano, 11
• Ally Bison, 4
• Jeff Crane, 9
• Doug Warren, 6

For more photos or to purchase prints, click here.

It was back to normal for Batavia on St. Patrick's Day on Thursday as revelers hit the local dining establishments and watering holes to party in public for the first time on the holiday in two years.

We visited O'Lacy's, Center Street Smokehouse, and Eli Fish Brewing. The Rince an Tiarna Irish Dancers performed at both Center Street and Eli Fish.

It has been a nearly two-month hiatus for Jennifer Gray’s newly named restaurant just over the Batavia border, and she’s not alone in waiting for it to be re-opened.

Gray has been posting updates on social media about The Tiny Piney on Main Road, Stafford, with as many as 2,000 anxious viewers.

“A lot of people follow it,” she said to The Batavian Thursday. “It’s just a weird little bar that people go to, a nice little quiesce place. I’m hoping to open next week, as soon as I get the license in the mail.”

Gray had purchased the bar and grill, formerly known as Pine Grove Inn, in March 2021. A temporary liquor license came along with that until New York State Liquor Authority informed Gray that there were “a couple of pieces of missing paperwork.” She had to shut down the place until the new license was processed and sent to her.

She posted a “temporarily closed” sign on Feb. 3 this year, and has anxiously been waiting for the permanent license. There was a mix-up in the Tiny Piney’s address, which is physically situated in Stafford but has a mailing address of East Main Street, Batavia, she said. She was told that the license was sent out this past Monday, and she is expecting to get it any day now. 

Gray has been making some aesthetic changes, with tropical colors and decor. For those former customers concerned with the decades-old ceiling memorabilia of hand-written messages, that’s not going anywhere, she said. 

She has two people helping to form volleyball leagues and a drop-in King’s Court, which is to get going by May. Two new volleyball courts have been carved out of the backyard and filled with sand. Outdoor lighting will ensure nighttime play.

Part of the bar’s new name hints at its size: “it’s tiny” Gray said, and accommodates 35 people. However, the large back deck accommodates the same amount of patrons and doubles the total capacity. 

The menu has been slightly shifted to include more fresh — versus frozen — foods, and Gray’s certified Angus beef hamburgers are her jam. Well, those and her freshly created margaritas and the Tiny Piney punch — a coconut-flavored concoction with rum and vodka.  

Jennifer is not a new face in town, as she has helped out husband Matt when needed at their restaurant, Alex’s Place, worked for a couple of years at Genesee Orthopaedics and Sports Medicine, and has filled in for temporary leadership gaps at GO-ART! and United Way. When COVID-19 hit, she resigned from the orthopedic firm, and her most recent role has been as a busy hockey mom of two children. 

Now she has found her “vibe” at the tiny pub at 5609 Main Road. 

“It’s just a chill place,” she said.

For more information about volleyball leagues, call (585) 201-7283. For re-opening updates, go to https://m.facebook.com/The-Tiny-Piney-126142346292656/?ref=py_c 

Images of the pub's new logo and a burger creation are from Jennifer Gray.

The Batavia High School Production Club opens the romantic musical comedy Mamma Mia at 7 p.m. on Friday the school's auditorium.

Tickets purchased online in advance at www.showtix4u.com are $10.   At the door, they are $10 for students and $12 for adults.

Additional performances are Saturday at 7 p.m. and Sunday at 2 p.m.

Click here to view these properties and more!

A truck hauling an as-yet-unidentified fluid has rolled over on the Thruway in the area of mile marker 381.1 in the westbound lane.

There is a leak.

The driver is out and walking around but may have sustained a shoulder injury.

Town of Batavia Fire and Mercy EMS responding.

UPDATE 2:27 p.m.: Stafford to stand in at Town of Batavia Station #2 and Oakfield to stand in at Town of Batavia Station #1

UPDATE 2:36 p.m.: Stafford cannot get a crew. Standing down.