batavia

Press release:

The water department will have to shut the water off on Liberty Street from Main Street to Cherry Street to make repairs to a water main break. At this time there is no time frame on how long the water will be off. All efforts are being made to keep this time to a minimum.

As always when water is restored it may be discolored, please refrain from doing any laundry until the water runs clear.

The public patience is greatly appreciated.

Photos by Howard Owens

Daquan J. Butler, 25, of Liberty, is charged with criminal impersonation 2nd. Butler allegedly lied to police about his identity while officers were investigating a disturbance on Thorpe Street, Batavia, at 11:50 p.m., Dec. 25. Butler was also wanted on a warrant.  He was released on an appearance ticket.

Daniel P. Hinca, 26, of Ft. Meyers, Fla., is charged with felony DWI, driving with a BAC of .18 or greater, and failure to use designated lane. Hinca was stopped by a Batavia PD patrol at 1:32 a.m., Dec. 24, on East Main Street, Batavia. He was issued an appearance ticket.

Nicholas P. Knouse, 18, of Attica, is charged with criminal contempt 2nd. Knouse was allegedly found in possession of a rifle in violation of an order of protection at 3:07 p.m., Dec. 20. He was issued an appearance ticket.

Paul A. Inostroza, 31, of Rochester, is charged with criminal contempt 2nd and aggravated harassment 2nd. Inostroza is accused of violating an order of protection following an incident on Dec. 11 and of leaving threatening voice mails. He was arrested at City Court on Dec. 23 and issued an appearance ticket.

Marvin K. Barber, Jr., 36, of Batavia, is charged with disorderly conduct. Barber was allegedly involved in a fight inside a business in Batavia on Nov. 25 at 11:30 a.m. He was arrested on Dec. 23 and issued an appearance ticket.

Eric J. McGill, 38, of Batavia, is charged with disorderly conduct. McGill is accused of being involved in a fight inside a Batavia business on Nov. 25.  He was arrested on Dec. 21 and issued an appearance ticket.

Richard G. Hafford, 43, of Batavia, is charged with criminal mischief 4th and harassment 2nd. Hafford was allegedly involved in a fight at a location on East Main Street, Batavia, at 2:21 a.m., Nov. 12. He was arrested on Dec. 23 and issued an appearance ticket.

Timmy L. Taylor, 47, of Batavia, is charged with petit larceny, grand larceny 4th, and aggravated unlicensed operation. Taylor is accused of stealing a mobile phone and a vehicle from a person and then operating that vehicle on a revoked license. Taylor was issued an appearance ticket.

Michael J. Robbins, 62, of West Main Street, Batavia, is charged with petit larceny.  Robbins is accused of stealing $83.13 in merchandise from Walmart at 7:35 p.m., Dec. 30.  He was issued an appearance ticket.

Joseph Owen Hutt, 32, of Donlin Drive, Rochester, is charged with DWI and speeding. Hutt was stopped at 7:22 p.m., Dec. 29, on Route 33, Byron, by Sgt. Mathew Clor. He was issued traffic tickets.

Lisa M. Grasby, 50, of Le Roy, is charged with petit larceny. Grasby was arrested by State Police in connection with an incident reported at 10:12 a.m., Dec. 24, in the Town of Batavia. She was issued an appearance ticket. No further details were released.

Press release:

The City of Batavia will be picking up Christmas trees in the month of January and will continue through the end of the month as weather and operations permit.

Important information regarding Christmas tree removal:

• We can only pick up real trees.  No artificial trees.
• Residents are to place trees in the parkway near the curb. Keep trees out of the roadway and clear of sidewalks.
• Residents placing trees out will need to strip the trees of all decorations, lights, stands and bags. These items damage chipping equipment. Contact your waste disposal company for information on the proper disposal of these items.
• If high winds are forecasted, delay putting trees out until after winds have subsided.  Trees in the road and across sidewalks are a hazards to motorists and pedestrians.
• Keep trees free of snow and ice so they are visible and do not become frozen to the ground.
• Please, have trees out for pick-up before January 31 (Last day of pick-up February 1).

A car has struck a tree on North Lyon near Richmond Avenue in the City of Batavia.

Unknown injuries.

City Fire responding.

UPDATE 4:49 p.m.: The cause of the accident is under investigation. The patient is a sign-off (denying further treatment).

Growing up in Batavia, I remember walking down Ellicott Street and passing an impressive building covered with ivy. It seemed to be part of Batavia’s scenery. The building had belonged to Edwin Newton Rowell. 

Mr. Rowell came to Batavia from Utica, NY, in 1888 with W.T. Palmer, a business partner. Together they started a small box factory business on the third floor at 66 Main St. called the Palmer and Rowell Company. Mr. Rowell suspected his wife was unfaithful to him with a gentleman named Johnston L. Lynch. He dissolved the partnership with Palmer and took a job as a salesman to keep an eye on his wife. Edwin seemed correct with this suspicion because he went home early and found Mr. Lynch with his wife one day. In a passionate frenzy, he shot Mr. Lynch three times. The shooting was considered a crime of passion and made headlines in The Daily News. Not serving any jail time, he divorced his wife and went back to being the head of his own company at 66 Main Street under the name of The E.N. Rowell Company. 

His company made medicine boxes exclusively for several years and later added cosmetic boxes.

Rowell bought a brick factory building in 1896 on Ellicott Street at the junction of West Main Street. It formerly housed the D. Armstrong Shoe Company. In 1912 Rowell had a fourth-floor building on the Ellicott Street site. In 1919 he bought buildings on Jefferson Ave. from K.B. Mathes to start making a line of cosmetic boxes. This building was referred to as Factory Number 2. He purchased land south of the main factory and built a separate power plant on the creek bank. Later he bought the former St. James Rectory from the Elks for a print shop and storage area. Rowell’s boxes were sold around the world.

E. N. Rowell died in 1929.   May Emke Rowell, his second wife, and former secretary became president of the firm. She was a great businesswoman and was in control of the business until she died in 1971. In 1980 the Rowell factory building was for sale, and the factory closed permanently in 1981.

The Kastenbaum’s are the current owners of E.N. Rowell’s former beautiful home. E.N. Rowell’s unique monument at Grand View Cemetery has the same brickwork as his home. 

Visit the Holland Land Office Museum to see samples of his boxes.

Photos are courtesy of the Holland Land Office except where noted.

Photo by Howard Owens from 2012

 

A structure fire is reported at 3687 West Main Street Road, Batavia, following a possible furnace explosion.

The building is reportedly unoccupied. 

Town of Batavia Fire and East Pembroke Fire responding.

UPDATE 5:03 p.m.: A second alarm requested.

UPDATE 5:08 p.m.: Route  5 is being closed to traffic in both directions, at Kelsey Road, and at Wortendyke.

UPDATE 5:20 p.m.: Corfu to fill in at East Pembroke. 

UPDATE 5:25 p.m.: Mercy EMS requested to the scene to stand by.  National Grid requested to the scene.  The fire is knocked down. Firefighters are starting overhaul.

UPDATE 5:36 p.m.: Code enforcement and Red Cross are responding.

UPDATE 8:20 p.m. (Photos and info via Alecia Kaus/Video News Service): Whether a furnace exploded in connection with the fire is under investigation, said Don Newton, the East Pembroke fire chief. The fire appears to have started on the second floor and the furnace is in the attic, Newton said. While Newton was in route to the fire, a firefighter first on scene called Newton on his mobile phone and informed him there was heavy smoke but no visible flames. Before Newton arrived, the firefighter called back and said flames had broken through the rear of the structure. Newton called for a second alarm.  There was apparently no one home when the fire started. Once firefighters confirmed the house was vacant they searched for pets and most of the pets appear to have escaped the fire, Newton said. There is heavy smoke damage throughout the structure and the structure is not habitable. 

A motor vehicle accident is reported at Ellicott Street and Jackson Street, Batavia.

Mercy EMS requested to the scene to evaluate a patient.

City Fire on scene.

A flat-bed tow requested to the scene.

James L. Simonds is indicted on counts of burglary in the third degree, false report: fire, explosion, hazardous substance upon school grounds, and endangering the welfare of a child. Simonds is accused of entering John Kennedy School, 166 Vine St., Batavia, on Jan. 28 with the intent of committing a crime and while at that location did communicate false or baseless information about the occurrence or impending occurrence of a fire, explosion, or hazardous substance, on school grounds in a manner that was likely to cause public alarm. He is accused of knowingly acting in a manner to be injurious to the physical, mental, or moral welfare of a child.

Cynthia M. Mack is indicted on counts of burglary in the third degree and criminal mischief in the fourth degree.  Mack is accused of entering a dwelling on Lake Street in Le Roy on June 4 with the intent of committing a crime and while in the dwelling did intentionally damage property.

Robert C. Strollo is indicted on a count of failure to register a change of address as a sex offender. On or about Dec. 1, 2020, Strollo allegedly failed to register a change of address with the NYS Criminal Justice Service within 10 days of changing his address from a residence on Bethany Center Road, Bethany.

Q. What is a Workers’ Compensation claim?

A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at (585) 815-9003. For further questions regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

 

Gary Patnode, a coordinator with the Emergency Management Office, hands out N-95 masks at a distribution location on Alva Place this afternoon.  Patnode said that as of 4 p.m., the county had distributed more than 3,000 masks, two to a person or four to a household.  The mask distribution is continuing until 6 p.m.

After trailing for much of the game, including, at times, by double-digits, the Batavia Blue Devils put together a final quarter rally but still fell short against Attica, 50-48.

Carter McFollins scored 19 points for Batavia while Tanner Mountain added 12 points.

For Attica, Simon Lamparell scored 16 points and Luke George scored 10.

Attica advances to the championship game at 9 p.m., Thursday, at the GCC gym against Le Roy.

For more game photos, click here.

Click here for more information on 4 Lewis Avenue, Batavia.

Glenn Howard Wright, 51, of Broadway Street, Bethany, is charged with DWI, consumption of alcohol in a motor vehicle, no seat belt, and stopped in the roadway on a public highway.  Wright was arrested after deputies David Moore and Kyle Krzemien were dispatched at 2:41 a.m., Dec. 28, to the 6700 block of Clinton Street Road, Stafford, for a report of a vehicle parked in the roadway.   Wright was issued an appearance ticket.

Amber Lynn Turner, 28, of South Main Street, Batavia, is charged with petit larceny.  Turner is accused of shoplifting from Walmart in Batavia at 3:33 p.m., Dec. 28. She was issued an appearance ticket.

As one in a long line of stalled events due to the COVID-19 shutdown, the Business Improvement District’s beer fest is to return in 2022.

 Led by BID Interim Director Shannon Maute, FeBREWary is set for 5 to 8 p.m. Feb. 26 in downtown Batavia.

“We’re hoping to have a lot more people participating and will want to get out and go downtown,” Maute said during an interview Tuesday. “We’re still accepting applications … and tickets are only being sold at Eventbrite.”

Run in a similar fashion to BID’s popular wine walk, FeBREWary will take place at 20 downtown businesses and focuses on tasting the brew. There will also be hard cider for those that don’t like beer as much, Maute said. Folks will have three hours to walk, sample from New York State craft breweries, and check out the downtown merchant goods. 

Maute’s name may seem new, but she has served on BID committees for quite a while now, she said. A former event coordinator and office manager for Eli Fish, the Batavia native worked on FeBREWary, Christmas in the City, and wine walk events. BID members recently began seeking applications for the BID director position after Beth Kemp announced she was leaving earlier this month. Maute was hired as interim director to fill the gap. 

The organization has received some applications, including one from Maute, she said. As someone who has “helped with a lot of events,” she would like an opportunity to fulfill the director’s duties, she said.

“I find it very exciting; it’s an amazing opportunity to get business downtown,” Maute said. “Beth has done a great job, and I would like to continue that. Whether or not I get the position, I will be driving FeBREWary."

A total of 600 tickets will be sold, and can only be purchased online. General admission is $25, and all participants will receive a commemorative beer glass. VIP tickets are $35 and will allow participants entry an hour earlier at 4 p.m., plus exclusive specials, raffle tickets, and a commemorative gift. Tickets for $5 will also be available for designated drivers.

For more information, call (585) 344-0900. To buy tickets, go to: https://downtownbataviany.com/index.php/febrewary/

Top photo: Interim BID Director Shannon Maute shows the poster and glass for the next FeBREWary set for Feb. 26 downtown Batavia. Photo by Howard Owens.

The trustee in the Michael S. Tomaszewski bankruptcy case has asked the court to order Tomaszewski's wife to turn over an anticipated income tax refund once it is received.

Attorneys for Trustee Mark J. Schlant filed the motion last week after Tomaszewski was sentenced to two to six years in prison for defrauding funeral pre-arrangement customers out of, collectively, more than $500,000. 

According to the motion, Michael and Valerie Tomaszewski have jointly claimed refunds of $27,121 for their 2019 and 2020 income tax filings. 

The motion asks the court to order Valerie to turn over $13,560 to the court to help settle some of Michael Tomaszewski's debts.

"The Trustee understands that the Debtor recently might have become somewhat limited in his ability to deal with matters such as this and that the necessary arrangements might put Mrs. Tomaszewski in control of the funds," the motion reads. "Therefore the Trustee wishes to secure Mrs. Tomaszewski's cooperation in effecting the turnover."

The bankruptcy judge, Robert H. Jackson, has not yet responded to the motion.

In bankruptcy filings, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. 

At his sentencing on Dec. 22, Judge Charles Zambito ordered Tomaszewski ordered the former funeral home operator to pay $569,434.92 in restitution to his victims, starting at $2,000 a month once he's released from prison.

Tomaszewski admitted to misappropriating funds from clients who paid for pre-arrangement services. There were at least 91 such victims.  Many of those victims have filed stipulations with the bankruptcy court protecting those debts from discharge through the bankruptcy process.

The Lady Lancers hit 70 percent of their shots in the first half of Monday's game against Batavia propelling Elba to a 54-31 win.

Dakota Brinkman, who dropped three three-point buckets, scored 13 points for Elba, while Laci Sewar and Kennedy Augello scored nine each. Adrianna Long scored eight and Sydney Reilly scored seven.

Brinkman also had seven rebounds.

For Batavia, Jaylene Dersham scored 10 points.

A multi-vehicle accident is reported in the area of 73 Main Street, in front of the YNGodess Shop, Batavia.

Unknown injuries.

City Fire and Mercy EMS dispatched.

UPDATE 7:14 p.m.: A car has struck a parked car in front of Key Bank.

UPDATE 7:44 p.m.: An Audi sedan struck a parked vehicle pushing that vehicle into another car parked in front of it.  The driver of the Audi was administered a field sobriety test and taken into custody.  His name has not yet been released.

Sarah P. Lytle, 39, of Batavia, is charged with torture/injure/failure to provide sustenance to an animal.  Lytle was accused of animal cruelty after Batavia PD was asked to assist the Probation Department with a house check at 10:39 p.m., Dec. 21, on State Street. Lytle is accused of keeping a dog in a cage without adequate food or water and the cage contained the dog's own feces. She was issued an appearance ticket.

Brian Paul Demko, 44, of Montclair Avenue, Batavia, is charged with DWI, use of a vehicle without an interlock device, refusal to take breath test, driver license restriction violation, driving with motor vehicle vision obstruction. Demko was stopped at 12:36 p.m., Dec. 23, on Main Road, Stafford, by Deputy Kenneth Quackenbush. 

Mathew Paul Parker, 32, of Oak Street, Batavia, is charged with criminal trespass. Parker is accused of trespassing at Walmart at 3:02 p.m., Dec. 21. He was taken to the Genesee County Jail for prints and photos and released on an appearance ticket.

Jeffrey Michael Kirkey, 50, of South Wind Court, Rochester, and Jessica Lynn Zicari, 38, of Suston Street,  are each charged with criminal possession of a controlled substance. Kirkey and Zicari were arrested after Deputy Kenneth Quackenbush and Deputy Kyle Krzemien responded to Route 33 in Stafford for a report of a vehicle partially blocking the roadway.  Kirkey and Zicari were allegedly found in possession of cocaine.  The suspects were processed at the Genesee County Jail. Zicari was released on her own recognizance. Kirkey was turned over to the Monroe County Sheriff's Office on an outstanding felony warrant.

Robert W. Russo, 46, of Winter Park, Fla., was arrested as a fugitive from justice at 2:06 a.m., Dec. 18, by Batavia PD when he was located by an officer investigating an unrelated complaint. The warrant out of Orange County, Florida, was for an alleged assault.  He was arraigned in City Court and ordered held in the Genesee County Jail.

Marcell F. Greene, 37, of Bliss, was arrested on a bench warrant. Greene allegedly failed to comply with a court-ordered program. She was arraigned in Batavia Town Court and released under supervision of Genesee Justice.

John J. Saddler, 34, of Batavia, is charged with grand larceny 4th. Saddler is accused of stealing cash from the pants pocket of another person at 11:30 a.m., Oct. 25, at a location on East Main Street, Batavia.  He was issued an appearance ticket.

Jason P. Gorton, 25, of Batavia, is charged with assault with intent to cause physical injury with a weapon and criminal possession of a weapon. Gorton was arrested by State Police in connection with an incident reported at 10:51 p.m., Dec. 26, in the Town of Batavia.  He was released on his own recognizance.  No further information was released.

Chase E. Shultz, 31, of Batavia, is charged with criminal contempt 2nd. Schultz was arrested by State Police in connection with an incident reported at 1:45 p.m., Dec. 23, in the Town of Oakfield. Schultz was issued an appearance ticket. No further information was released.

Kaleb J. Bobzien, 23, of Lockport, is charged with criminal contempt. Bobzien was arrested by State Police in connection with an incident reported at 5 p.m., Oct. 5, in the Town of Batavia. He was ordered held in the Genesee County Jail. No further information was released.

Anthony J. Maye, 21, of Bergen, is charged with rape 3rd (inability to consent) and sexual abuse 3rd. Maye was arrested by State Police in connection with an incident reported at 12:48 p.m., Oct. 26, in the Town of Bergen. He was released on his own recognizance.  No further information was released.