batavia

Scott Bischoping has been named interim superintendent for Batavia City Schools following the resignation of Anibal Soler.

Bischopping was the interim superintendent following the departure of Chris Dailey and preceding Soler's appointment at the start of 2020.

Soler accepted an appointment as superintendent of the Schenectady school district.

"His knowledge and leadership will guide us into the new school year," the district said in a statement.

A Batavia City School District trustee who held up approval of a merger between the Batavia and Notre Dame hockey teams at the district's school board meeting on Thursday afternoon met with the schools' athletic directors and coaches and said he had his questions answered and looks forward to the agreement being on the board's next agenda.

The Batavian has attempted to clarify with John Marucci that his statement means he intends to vote in favor of the merger but he has not responded to two emails.

Three Four other members of the board have responded to emails and said they intend to support the measure. One hasn't responded.

Previously, The Batavian emailed five questions to Marucci about his apparent objections to the merger, trying to clarify his position and didn't get a response until yesterday. He didn't provide answers to the question but did make this statement:

I apologize for not getting back to you sooner. Just so you know that today at 3:15, I was able to meet with BCSD BOE President Alice Ann Benedict, BCSD AD Mike Bromley and hockey coaches Marc Staley and John Kirkwood. We had a very lengthy and thorough discussion about the proposed merger between Notre Dame and Batavia as it pertains to hockey. I feel very satisfied that I had my questions and concerns answered and look forward to having this item on our agenda for our August 5th BCSD BOE Meeting. 

At last week's meeting, Marucci expressed concern about other schools in the county being eased out of a combined hockey program with Batavia and that once current players from those districts have graduated, students at those schools would have to attend Notre Dame if they wanted to play hockey. He suggested Notre Dame recruits athletic students and that he was concerned the merger wouldn't be fair to Batavia students.

Our questions to Marucci included trying to find out how the merger wouldn't be fair to Batavia students. He didn't answer that question.

At the meeting, he said, "I just want clarification," and, "I'm not trying to be that guy but I guess I'm being that guy."

With two seats vacant on the board due to resignations and one person absent, Marucci's unwillingness to vote to approve the agreement meant there wasn't a quorum, so the board had to table the matter until its Aug. 5 meeting.

The merger would mean Notre Dame, which has won two sectional championships in recent years under Head Coach Marc Staley, and Batavia players would form a single unit.

Last week the schools announced the new team would be known as Batavia United.

Advocates of the merger argue that the merger would allow both schools to have a JV program, which will help produce a more successful program and end the dangerous practice of including JV-aged and -sized kids on varsity rosters.

And yes, students at schools such as Le Roy, Alexander, Oakfield-Alabama, and Pembroke, who want to play hockey in the future, will need to attend a private school such as Notre Dame. Which is how it was for those schools before Batavia, in a bid to increase its hockey numbers seven years ago, accepted those schools into its hockey program.

Since that realignment, Batavia has won 13 games with only two of those wins coming against Section V opponents and no wins against teams with winning records.

The merger is going to get the support of at least three trustees.

Statement from Alice Benedict:

I wholeheartedly support the Batavia Notre Dame Hockey merger. It will help both schools be able to offer hockey opportunities for grades 7 through 12.

Statement from John Reigle:

Thank you for reaching out to me regarding the hockey merger. 

As you are aware we tabled the agenda item at our last school board meeting for some final clarification and questions. It is a big decision for our district and I’m glad our board of education is putting in so much collaborative thought and consideration into the topic. Unfortunately, our athletic director and/or the coaches were unable to attend the last meeting to have more discussion on the topic. However, it is my understanding they were able to meet with our board president and Vice President yesterday to discuss. 

After speaking with some hockey families from both schools, along with learning more of Coach Staley’s & Coach Kirkwood’s goals and intentions for the United program, I am in favor of the merger. I look forward to bringing back a competitive hockey program to our city that the student-athletes, our schools, and our community are proud of. 

Statement from Barbara Bowman:

I am in complete support of the hockey merger because it will be advantageous to BHS and ND students and the community in general.

Newly elected Trustee Jennifer Lendvay did not respond.

UPDATE: Lendvay's statement: 

I am in favor of the merger of the BHS/ND hockey teams and look forward to seeing them play.

A two-car accident, unknown injuries, is reported at East Main and Clinton streets, Batavia.

City fire and Mercy EMS responding.

UPDATE 8:21 a.m.: Eastbound traffic is being shut down at Harvester Avenue.

UPDATE 8:56 a.m.: No injuries. The white pickup truck was westbound on East Main Street. The black sedan was coming off of Clinton, making a right turn. The black car failed to stop at the intersection and struck the pickup, according to Sgt. Dan Coffey.

A 76-year-old Batavia man struck by a car on West Main Street on June 22 remains hospitalized at Strong Memorial Hospital.

Nathan J. Maniace is in stable condition at this time, according to the hospital.

Before today, Batavia PD had not released the names of the people involved in the accident. The Batavian acquired the accident report through a FOIL request.

According to the report, Maniace was walking southbound across West Main Street from the area of Burger King toward Ken Barrett Chevrolet when he was struck by a 2019 GMC sedan driven by Lloyd J. Miller, 72, of Stafford.

Miller reportedly told police that he did not see Maniace in the roadway.

No citations were issued.

Maniace was transported by ground ambulance to a landing zone in the grass lot between the County Courthouse and the Batavia Fire Station. He was flown by Mercy Flight to Strong.

The accident report was completed by Officer Stephen Quider.

Andre L. Roberts is indicted for the crime of assault on a police officer, a Class C violent felony. It is alleged that on Oct. 21 in the Town of Alexander, that Roberts, with intent to prevent a Genesee County Sheriff's deputy from performing a lawful duty, caused serious physical injury to the officer. In count two, Roberts is accused of resisting arrest, a Class A misdemeanor, for intentionally preventing or attempting to prevent a police officer from arresting him or another person.

Robert J. Williams is indicted for the crime of aggravated cruelty of animals, contrary to NYS Agriculture and Markets Law Section 353a(1) -- a felony. On Jan. 14, with no justifiable purpose, Williams is accused of intentionally killing or intentionally causing serious physical injury to a companion animal with aggravated cruelty. In count two, Williams is accused of the same crime involving a second animal. In counts three and four, Williams is accused of fourth-degree criminal mischief, a Class A misdemeanor contrary to Penal Law Section 145.00(1), for intentionally damaging property belonging to another -- to two dogs.

Dejon J. Smith is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 25 in the City of Batavia that Smith knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it. In count two, Smith is indicted for criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that on that day, he knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing the narcotic cocaine; these had an aggregated weight of one-eighth ounce or more. In count three, Smith indicted for the crime of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for knowingly and unlawfully possessing a controlled substance -- alprazolam. In count four, Smith is accused of tampering with physical evidence, a Class E felony. It is alleged in count four that Smith, believing certain evidence was about to be produced or used in an official proceeding, intentionally acted to prevent this. He is accused of hiding some cocaine behind a stack of storage container lids in a storage shed while hiding from a uniformed officer who was searching for him. In count five, Smith is indicted for the crime of second-degree obstruction of governmental administration, a Class A misdemeanor. It is alleged in count five, that Smith intentionally obstructed, impaired or perverted the administration of law or other government function by means of intimidation, physical force or an independently unlawful act.

Shane M. VanName is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Nov. 1 while in the first block of North Street in the Town of Le Roy VanName violated an order of protection. He is accused of intentionally harassing, annoying, threatening or alarming a protected person, or subjecting the person to physical contact or threatening to do so. In count two, VanName is indicted for second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that he intentionally disobeyed a court order of protection out of Darien Town Court issued Oct. 23. In count three, is indicted again for second-degree criminal contempt. It is alleged in count three that he intentionally disobeyed a court order out of Darien Town Court to stay away from a second person at the same address on North Street in Le Roy.

Alexander L. Baldwin is indicted for third-degree grand larceny, a Class D felony. It is alleged that between November and December that Baldwin stole property from a couple -- U.S. currency valued at more than $3,000. In count two, Baldwin is accused of the same crime for receiving funds in excess of $3,000 from the couple to perform home improvements, thus creating a trust, and then appled the funds for a purpose other than the trust intended.

Christopher L. Taylor is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Jan. 16 in the Town of Pembroke that Taylor stole property with a value in excess of $3,000.

Myles D. Macleod is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on Nov. 27 on Route 77 in the Town of Darien that Macleod rode a 2005 Harley-Davidson motorcycle while he had a BAC of .18 percent or greater. In count two, the defendant is accused of DWI as a Class E felony for operating the motorcycle that day while he was intoxicated. In count three, Macleod is accused of aggravated unlicensed operation in the first degree for riding his motorcycle that day in Darien while his driver's license was suspended or revoked by the NYS DMV Commissioner and while he was under the influence of alcohol or a drug. In count five, the defendant is indicted for circumventing a required ignition interlock device, since the motorcycle did not have one. In count five, Macleod is accused of refusing to submit to a breath test. In count six, he is accused of the violation of operating an unregistered motorcycle that day on Route 77. In Special Information filed by Genesee County District Attorney Lawrence Friedman, Macleod is accused of having been convicted of DWI as a Class E felony on Nov. 5, 2014 in Genesee County Court. The conviction forms the basis for the suspension or revocation referred to in the current indictment and it was still in effect on the day of the crimes alleged in the current indictment.

Joel Morales Cruz is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 25 in the City of Batavia that Cruz drove a 1996 Honda on Oak Street while his driver's license was suspended or revoked by the NYS DMV Commissioner. In count two, Cruz is accused of driving while intoxicated, as a misdemeanor, that day on Oak Street. In count three, Cruz is indicted for DWI, per se, as a misdemeanor. It is alleged in count three, that Cruz drove on Oak Street that day while he had a BAC of .08 percent of more. In Special Information filed by Genesee County District Attorney Lawrence Friedman, Cruz is accused of having been convicted of driving while intoxicated as a misdemeanor on April 22, 2010 in Batavia City Court and the conviction forms the basis for the suspension or revocation referred to in the current indictment and was still in effect.

UPDATE 11:58 a.m.: Griffin Dellapenna, the Muckdogs' broadcaster, says the Muckdogs won 10-10.

Yesterday's Batavia Muckdogs game against Elmira ended in confusion and we still don't really know what happened.

Fans left the game thinking the Pioneers forfeited but the Perfect Game Collegiate Baseball League lists the game as suspended and is not listing the game as a win for the Muckdogs in the Western Division standings.

By all appearance in the bottom of the ninth, the Muckdogs won on a walk-off check swing. Yeah, that sounds crazy, but that’s what happened. To quote the Dwyer Stadium announcer “I think we just won 10-10 folks."

The tone was set for the crazy ending in the bottom of the first inning where Batavia scored two runs off a wild pitch, one that appeared to hit the batter in the foot. Elmira Pioneers felt this should have been a dead ball and the batter should have taken first base; the umpire ruled it a wild pitch and the two runs scored. From this point forward the relationship between the Pioneers and the umpires was, well, contentious. An inning later, the Elmira coach was ejected during a vigorous discussion with an umpire.

After five innings Batavia led 8-0 and Elmira started to climb back into the game. The game was delayed 30 minutes for a lightning strike in the area and for kids to pick up candy dropped on the field by a helicopter. (The helicopter was one of the less crazy events of the game.) At the end of nine innings, the score was knotted at 10 apiece.

In the top of the 10th, the Pioneer pitcher took umbrage with an umpire's ruling that the batter had a checked swing, denying the pitcher a strike call. This happened again on the next pitch and the pitcher, rather colorfully, expressed his disgust with the call as he approached the umpire and was held back by his catcher. The pitcher was ejected from the game. 

Elmira called in a new pitcher from their bullpen and he started to warm up, after a couple of warm-up pitches, the home plate umpire signaled the pitcher he had three more warm-up pitches left before play needed to resume. Yet again, there was another upset Elmira pitcher. He protested in a somewhat impolite way and the umpire responded by signaling he now had only two warm-up pitches remaining.

At this point, the Elmira pitcher used some of the same colorful language to express his dissatisfaction that the previously ejected pitcher did, simultaneously half of the Elmira dugout came onto the field to express their feelings about allowing the pitcher to warm up as did most of the infield. It was at this point the umpire ejected the entire Elmira Pioneers team.  

One would think that would make the final score 10-10, a Batavia win.

Apparently, the league doesn't see it that way and as of this writing, we don't know why.

Once that impromptu craziness was over, it was time for the scheduled craziness to begin, the Battle of the Badges, an exhibition game between Batavia PD and the City of Batavia Fire Department. 

The BPD did try their best including sending a few young children over to the CBFD to tell them “A cat is stuck in a tree, can you come and help?” to distract the firemen. But this tactic did not seem to work. 

After three innings, heavy rain forced the players from the field while the CBFD held a commanding lead over the BPD, 7-0. Three innings is below the five-inning minimum for an official game but we're giving the win to CBFD. But maybe we'll get overruled. That seems to be the way of the night.

There was no official word on the cat in the tree. 

Batavia PD is investigating a larceny at Mr. Wine and Liquor Store in Tops Plaza. 

The department did not release information on what was stolen.

The photo is of two people the police would like to question in connection with the incident to find out what they may know about it.

Officer Sean Wilson is handling the investigation.

The Batavia Police Department can be reached at (585) 345-6350 or phone the confidential tip line at (585) 345-6370.

A semi-truck rollover accident, followed a half hour later by a truck with a horse trailer striking two other vehicles, are reported in the area of mile marker 390.9  of the westbound Thruway.

The driver of the first truck was out of the truck before first responders arrived.

No injuries reported in the second accident. 

Town of Batavia fire and Mercy EMS on scene.

Press release:

The Holland Land Office Museum is proud to announce the return of its History Heroes Summer Program will be running Saturdays from 11 a.m. - 3 p.m. The dates are: July 24, Aug. 14, Aug. 21, Aug. 28 and Sept. 4.

The theme is "Fun in the Roaring '20s" -- learning about different aspects of life 100 years ago. Join us to learn about the 1920s! Dance, sing, read, play, create, explore, and learn some history.

The program will explore many facets of the era through many creative and interactive activities, and includes daily local walking field trips around Batavia.

The program is open to children 7-12 and is limited to 16 participants each day. Registration is available for each individual day or for all five.

Admission is $10 per child with discounts for multiple children and museum members. The program includes a field trip on Sept. 4th to the Arcade & Attica Railroad, which has a $20 admission.

Registration forms can be found at the museum's website, Facebook page, or by contacting the museum at (585) 343-4727.

Masks and social distancing requirements are required. Lunches are available for participants.

This project is made possible with funds from the Decentralization Program, a regrant program of the New York State Council on the Arts with the support of Governor Andrew Cuomo and the New York State Legislature and administered by GO ART!

Paulette Pastore, Leona Pastore, and Phyllis Pastore-Beers, admire the front of the Pok-A-Dot after the former handpainted dots had been replaced by new brigher vinyl dots.

Mike Hodgins, of John's Studio (pictured below), installed the new dots.

Whereas the old dots were all done in pastels, the new dots are in primary colors and should last longer. It's been at least 25 years since the dots were replaced on the legendary diner.

Leona and Phyllis are co-owners of the Pok-A-Dot.

The Pok-A-Dot, serving Batavia and its fans from throughout the world for 68 years, has undergone several improvements and upgrades over the past two years.

From Melzie Case:

Due to the weather forecast for tomorrow, July 17, the Genesee Symphony Orchestra’s 75th Season Reveal Event has been moved to the Batavia City Centre.

The FREE concert will be at 4 p.m. Saturday and GSO patrons can enter through the entrance by the former Sunny’s restaurant.

From Roxie Choate:

GSO .... "along with advice from the Batavia Parks Manager made the decision to have the REVEAL Event move from Austin Park to the Batavia City Centre Concourse. Our rainy weather prediction has caused our problem.

"Austin Park is going to be one mushy, soggy grass situation after the all night rain and rain into Saturday till afternoon also.

"We are playing it safe. Our food trucks can still park on the JCPenney wall in the back entrance to the mall. Use the back entrance next to where Sunny's Restaurant used to be.

"Remember to bring your own chair. We will set the orchestra up on the stage area.

"We cannot enter the mall until 3 p.m. We are hiring a city custodian to be our entrance and lock up person for the mall. We will be carrying 60 chairs for the orchestra into the mall at 3 p.m. if anyone would like to help. COME ON DOWN..."

On STOP-DWI night at Dwyer Stadium on Thursday, Batavia fans were treated to an entertaining game that ended on a walk-off single by Charlie Szykowny.

Szykowny, primarily a shortstop with a strong arm who is hitting .292 on the season, was also the winning pitcher after giving up four runs in his single frame of work.

The University of Wisconsin-Stout senior had three hits and drove in two runs to lead the Muckdogs' offense to a 7-6 win over Jamestown.

Riding a three-game winning streak, the Muckdogs are over .500 for the first time this season, sitting at 17-16 in third place in the Perfect Game Collegiate Baseball League's Western Division.  

Batavia native Jerry Reinhart, a senior at University of Akron, had one hit and scored twice. 

Abner Benitez tripled as a pinch hitter, driving in two runs and raising his season average to .292.

Starter Julian Pichardo, who came into the game with a 4-1 record, didn't figure in the decision after six innings of work in which he gave up two runs, four hits, and fanned six.

The next home game is Saturday at 7 p.m. vs. Newark.

Photos by Philip Casper.

Dr. Ross Fanara fires in a strike for the first pitch, on his birthday.

Julian Pichardo

Jerry Reinhart

Jerry Reinhart

Jerry Reinhart scores game's first run.

Deputy Andrew Mullen and K-9 "Frankie."

Charlie Szykowny

Peyton is a light orange tabby cat -- you know those really friendly, affectionate ones who know no enemies -- and he's been missing about two weeks now.

This ginger has a noticeably notched split on his right ear and no collar.

"He is very loved and missed," laments Jacquie Valder-Phillips about her charge.

Peyton has a miserable mini "Peyton Place" story that Valder-Phillips wants readers to know about.

See, this tomcat had a best bud once, a man who worked at Genesee Valley Farm on South Main Street Road in Batavia for nearly 20 years. Before he died in old age, Peyton trusted him and valued their bro time.

Maybe when the man died a bit of poor Peyton did, too, because he shuffled off and hasn't been seen since. Peyton is prolly pining for his peer who happened to be human.

Makes Valder-Phillips feels guilty because in the time before the farm employee's death, "People kept saying 'Take care of Peyton. ... Be sure to take care of Peyton.' And I'm like 'Of course, I'll take care of Peyton.' And now he's nowhere around."

Here's the kind of feline he is, says Valder-Phillips: once a couple years back a horse trailer pulled over at the farm to load up three horses. When it drove away, they said "Uh oh, where's Peyton?"

Sure enough he had jumped inside the trailer ready for new adventures with the horse trailer driver -- until his stowaway scheme was discovered then back to the farm he went.

If you can help or have seen Peyton, please call or text Valder-Phillips at: (585) 343-5878. Or email:   info@geneseevalleyfarm.com

David James Leroy, 28, of Gabbey Road, Pembroke, is charged with second-degree criminal contempt and trespass. He was arrested July 15 for allegedly violating a stay away order of protection and arraigned in Pembroke Town Court. It is alleged that at 7:42 a.m. on July 10 on Gabbey Road that Leroy violated the order of protection by speaking to his neighbor and trespassing on his property. He was released after arraignment under supervision of Genesee Justice and is due back in Pembroke Town Court on Aug. 11. The case was handled by Genesee County Sheriff's Deputy James Stack.

Tracy Marie Pocobello, 48, of Akron Road, Pembroke, is charged with third-degree criminal mischief. At 11:45 p.m. on July 15, she was arrested. It is alleged that at 8:05 p.m. on June 29, she intentionally damaged property belonging to another person. Pocobello was released with an appearance ticket for Pembroke Town Court on Aug. 5. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Kyle Krzemien.

Amanda Marie Bowles, 35, of West Main Street Road, Batavia, is charged with fourth-degree grand larceny. On July 14 at 4:56 a.m. Bowles was arrested in connection with an incident that occurred at 1 p.m. on July 11 on West Main Street Road in Batavia. She was issued appearance tickets and is due in Batavia Town Court on July 27. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Jonathan Dimmig.

On Thursday, Batavia Downs hosted the Genesee County Fair harness races.

Every year, the state gives money to the counties with harness racing to host a purse-only (no wagering) card of races. Since the fairgrounds are not suitable for harness racing, Batavia Downs hosts the races.

"It’s a good opportunity for our local horsemen and people from outside this area to come here, make some money," said General Manager of Live Racing Todd Haight. "They’re all New York-bred horses so it’s good for the New York-bred program, it’s good for or local horsemen. It’s good for everybody."

The 2021 racing season starts this coming Wednesday. The first post time is 6 p.m.

Video: For one race, I was able to ride in the cab of the starter truck. The horses in the race were 2-year-old colts so you'll see some of them hang back from the starter's gate, unlike a race with more experienced horses.

Starter Terry Mays, who was kind enough to let me share the very cramped space of the gate truck.

On Thursday, the Genesee County Ag Society and Empire Tractor hosted an open house to introduce the community to the planned Agri-Culture Center on East Main Street Road, Batavia.

It's the former location -- many years ago -- of CountryMax and next to the Genesee County Fairgrounds.

Tim Call, president of Empire Tractor, said the center is a longtime dream of his father, Robert Call, who will be contributing museum-piece farm equipment and a collection of farm-related toys for the museum portion of the center.

But the center will be more than just a museum. It will also provide educational space for students of agriculture as well as conference space.

Due to construction, officials with the Post Office in Batavia, are asking patrons to park behind the building, in the lot next to Austin Park, and then walk around the building on the west side -- between the building and the police station -- to avoid walking in traffic on Main Street.

The sidewalk and steps of the post office are being reconstructed.

The brick building was erected in 1916 but it's unclear when the current concrete steps and sidewalk were installed.

An alarm that sounds like an old rotary dial telephone was sounding off this afternoon from the back of the former Kmart building on Lewiston Road, Town of Batavia. 

A dispatcher said people have been calling about it for days.

The registered owner of the property is 570 DAB 30 LLC. The LLC is registered at the same address as Benderson Development, which is also the leasing agent for the property.

570 DAB acquired the property in March 2020 from the Williamington Trust Company for $1,757,000. The assessed value of the property $2,260,000.

Kmart pulled out of Batavia and left behind the vacant hulk of a building in 2018.

We're attempting to get information from Benderson about the unending alarm.

Clyde Davonta Hoskins Jr., 29, of Genesee Street, Buffalo, is charged with: criminal possession of a weapon in the second degree -- a loaded firearm; criminal possession of a stolen property in the fourth degree -- a firearm; and tampering with physical evidence. On Tuesday, July 13, Hoskins was arrested after an investigation into a loaded pistol being located in a chicken coop at midnight on Aug. 8, 2020 on Route 237 in the Town of Stafford. He was arraigned in Stafford Town Court at 1:20 p.m. yesterday and released under supervision of Genesee Justice. He is due to return to Stafford Town Court on Aug. 12. The case was investigated by Genesee County Sheriff's Investigator Kevin P. Forsyth.

Brian Michael Raphael, 33, of East Main Road, Batavia, is charged with petit larceny. At 3:45 p.m. on July 12, Raphael was arrested after being located by Genesee County Sheriff's deputies after fleeing Walmart. He allegedly stole merchandise from the store. He was processed at the jail and released on an appearance ticket. He is due in Town of Batavia Court on July 20. The case was handled by Deputy Kenneth Quackenbush, assisted by Deputy Nicholas Chamoun.