batavia

By James Fink

Don Barnes has good news for .38 Special fans.

Very good news.

Following the band’s summer tour, which includes an August 9 show at Batavia  Downs, they will be headed back into the studio to put together a double CD “legacy” package including greatest hits and new songs. The disc is due out next spring.

“We (the band) are firing on all cylinders,” said Barnes, .38 Special’s longtime lead vocalist and guitar player. 

The new songs will sound familiar to fans of the band - and that’s by design, Barnes insists.

“It is a throwback to our style,” Barnes said.

.38 Special came of age in the 1980s following a musical path carved out by such bands as the Outlaws and Marshall Tucker Band, among others. That translates to a healthy mix of old school rock with a southern bent.

“It’s great that we are still vibrant and relevant,” Barnes said. “When we started this, nobody knew how long it was going to last, or if would last, but it did.”

The band’s musical formula has worked and worked well.  

.38 Special has made 15 studio albums and sold more than 20 million records. The hits and radio-friendly songs were plenty.  

There’s “Hold on Loosely,” “Rocking into the Night” and “Caught Up in You,” among them. Yes, all will be part of .38 Special’s setlist at Batavia Downs. 

“To us, it’s about having a good time on stage and taking our fans on a fun ride,” Barnes said. “It has to be fun for the fans and fun for us.”

Besides Barnes, fellow .38 Special band members include Bobby Capps on keyboards, Gary Moffatt on drums, bass player Barry Dunaway, and Jerry Riggs on guitar.

The band plays - on average - 100 shows a year. 

"It doesn’t get stale," Barnes said. 

Anything but.

“This is the greatest job in the world,” Barnes said. “We love bringing joy to people.” 

Tickets are available at www.bataviadownsgaming.com.

38 Special performs at Batavia Downs on Friday, August 9.

Press Release:

Workforce, business, education, and economic development officials from across the GLOW region unveiled details at Genesee Construction for the 6th Annual GLOW With Your Hands career exploration festival which will take place at the Genesee County Fairgrounds on Tuesday, September 24. The event will mark the participation of over 5,000 students since the launch of GLOW With Your Hands in 2019.

“For six years, GLOW With Your Hands has ignited career exploration for nearly 5,000 students across our region.  On September 24th at the Genesee County Fairgrounds, will once again showcase the exciting and diverse career opportunities in agriculture, food processing, skilled trades, and advanced manufacturing that are thriving right here in our communities,” said Angela Grouse, GLOW With Your Hands Co-Chair.

Officials associated with the 2024 GLOW With Your Hands once again anticipate that over 1,000 students will be in attendance from thirty school districts across the GLOW region. More than sixty vendors have already committed to participate in the annual event which will feature hands-on activities and simulations in the advanced manufacturing, agriculture, food production, skilled trades sectors as well as the various branches of the military.

“At Dansville, we strive to prepare our students for their post-graduation plans. GLOW With Your Hands provides students with exposure to a variety of careers and allows them to speak with professionals in that area of interest. It is not uncommon for 16-18-year-olds to be unsure about their career pathway. Events like this have resulted in students gaining valuable insight into what life as a particular employee in that industry consists of,” said Dave Moodie, Dansville High School Principal.

Each year’s event features new companies, and the September 24th event features Lakeland Concrete Products, a construction company based in Lima, IK Systems, a leading supplier of integrated surveillance & security systems out of Victor, Davis Fetch, a drywall contractor from Rochester, and Zoldaz, a trucking contractor in Alden.

“The participation and response by the private sector in this annual event reaffirm that making students aware of careers right in their own backyard is paying dividends not only for these companies but the region’s economy,” added Jay Lazarony, GLOW With Your Hands Co-Chair. “Students need to know that they can find jobs where they grew up and want to stay and be with family because these jobs are right here.”

One of the participating companies that is experiencing the benefits of making students aware of career opportunities is Genesee Construction which hosted the kickoff event. Through the years, Genesee Construction has provided students with hands-on experiences at the annual event through simulated construction projects.

“Through collaboration with students at GLOW With Your Hands, we are able to identify and interact with the next generation of workforce candidates who possess the skills and passion to explore career opportunities in the construction sector,” said Mary Ellyn Merle Calabrese, Project Manager with Genesee Construction. “The construction industry, in particular, relies on the local workforce pool in our region to fill these good paying and strongly in-demand jobs.”

“GLOW With Your Hands highlights the diverse pathways to success, we showcase careers that are accessible right out of high school, as well as those that require trade training, two-year degrees, or four-year degrees through active local programs. We empower students to make informed decisions about their futures, maximizing their return on investment and minimizing student loan debt,” added Grouse.

GLOW With Your Hands still has room for vendors, sponsors, and volunteers. For more information please, visit https://www.glowwithyourhands.com/contact-us to sign up!

Wedding gowns have changed over the decades, reflecting the times from the Victorian Era, Industrial Revolution, WW I, The Depression, WWII, the 50s, the 60s, and the 70s. The decade of the 70s is what I will focus on since that was the decade I was married in Batavia, NY. 

There are so many events that go into a wedding. Everyone has a memory of their engagement, wedding day, and honeymoon. I became engaged in my in-laws' living room, surrounded by my future in-laws and my two younger sisters. I wouldn't change a thing. My engagement ring now has two more diamond bands, one for 25 years and one for 40 years. 

I cherish the memory of picking out my wedding gown with my mom. It had to be at C. L. Carr's Department Store. I went in with a picture of the gown I wanted from Brides Magazine. I was so surprised to see my gown on the rack.   I tried it on, ordered my size, and was lucky to have benefitted from one of C.L. Carr's discount days. 

After purchasing my gown, veil, and headpiece for $135, my mom and I went to lunch at another favorite restaurant, The Dagwood. 

The description of my gown from the local newspaper stated, "The bride chose a gown of Marcaine Jersey styled with a fitted bodice, bell-shaped skirt, and long full sleeves. Venice lace and pearls accented the V neckline, and matching lace highlighted the empire bodice. The skirt fell in an A-length train. The bride chose a Camelot cap, a cathedral-length veil, and blusher for her headpiece." 

I just wanted something plain, and the gown was perfect. I borrowed a wedding slip from my best friend, bought my shoes at Thomas and Dwyer, and flowers from Noack's Nursery on Bank Street.

Bridesmaid gowns were plain but timeless for the 70s, halter gowns with a short jacket and a hood.   I applied my makeup. Like many brides of the 70s, my hair was long and straight, as was the fashion. It was styled at North Vine Beauty Salon. My father and brothers organized the bachelor get-together at St. Nick's Club. I don't think we gathered for a bachelorette. 

The gifts I bought my girls were spoon rings and bracelets, another reflection of the times from Herb Brenner on Main Street. 

I carried the wedding missel, a prayer book that my mom had held for her wedding. My brother read the poem Desiderata, and my wedding Mass ended with a favorite  song of mine, "Let There Be Peace on Earth." 

The Polish-Italian reception was held at the Moose Lodge Club. We had a Polish band that played in the early morning hours.   

Our honeymoon was in St. Martins, and we booked our honeymoon at a kiosk in C L Carrs.  

We were married at St. Joseph Church. Today weddings are so different and so expensive! 

The material from my gown could probably make three wedding gowns. What I loved about our wedding was that after the three-course dinner, I cut the cake, danced, and enjoyed pizza from Pontillo's, delivered for a late snack. 

On July 27, 2024, we renewed our vows at what we will always call Sacred Heart Church, surrounded by our children, grandchildren, family, and friends. The Mass ended with the same song that ended our wedding Mass in 1974, "Let There Be Peace on Earth." A reception at Roman's restaurant followed, and KMC Custom Cakes served a wedding cake. Fifty years of living with the man who stole my heart at Gentner's Bar in 1972! It has been an incredible ride.

The Holland Land Office has a wedding exhibit called "Heavenly Traditions and Holy Matrimony Through Time." It is an exhibit you don't want to miss. You might even see my wedding veil on display. 

Press Release:

The Genesee County Highway Department would like to inform the public about an upcoming road closure on Upton Road in the Town of Batavia. 

Beginning Monday, August 12, the road will be closed to all traffic for approximately 8 weeks. The existing culvert will be replaced to improve water flow under the road and ensure its long-term sustainability.

The project will take place on the north end of Upton Road, between Pearl Street Road(Route 33) and Rose Road.

During this time, this portion of Upton Road will be closed entirely to traffic, including public and emergency vehicles.

 Press Release:

The Genesee County Economic Development Center (GCEDC) board of directors has approved final resolutions for Graham Corporation’s $17.6 million expansion in the city of Batavia and GE Bergen Owner, LLC’s $43.6 million project in the town of Bergen at its board meeting on Thursday, August 1, 2024.

Graham Corporation proposes to build a 28,867 square-foot commercial production facility. The $17.6 million project will create 24 new full-time equivalent (FTE) positions while retaining 367 FTEs.

Graham Corporation requested sales tax exemptions estimated at $383,546 and a property tax abatement estimated at $298,427 based on an incremental increase in assessed value. 

The proposed incentives are estimated to generate $19.5 million in wages/benefits and revenues for local governments generated by the developer over 10 years. The project would generate a $42 return on investment for every $1 of proposed incentives.

GE Bergen Owner, LLC proposes to build a 196,000 square-foot manufacturing facility at Apple Tree Acres. The $43.6 million project will be leased to an end user and will create 60 new FTEs and retain 140 FTEs. 

GE Bergen Owner, LLC requested sales tax exemptions estimated at approximately $1.75 million, a property tax abatement of approximately $2.15 million via payment in lieu of taxes (PILOT), and a mortgage tax exemption of $366,000.

"The GCEDC is pleased to continue to support the growth of our home-grown companies," said GCEDC President and CEO Mark Masse. "These projects strengthen the diversity and vitality of our manufacturing industry and generate more rewarding careers for our community." 

The proposed incentives are estimated to generate $41 million in wages/ benefits and revenues for local governments generated by the development over 10 years. The project would generate a $13 return on investment for every $1 of proposed incentives.

The project is pending, subject to receiving incentives from Empire State Development Corporation.

The GCEDC Board also advanced initial resolutions for two community solar farm projects in LeRoy.

FFP NY LeRoy Project1, LLC and FFP NY LeRoy Project2, LLC represent a total $20 million investment and will generate up to 7 megawatts of power through the installation of ground-mounted solar panels.

FFP NY LeRoy Project1, LLC’s proposed $13.5 million project would generate $4,000/megawatts (AC) + a 2% annual escalator of revenues with the Town of LeRoy, Genesee County and LeRoy School District. The project also includes a host agreement with the Town of LeRoy and is estimated to generate a $566,261 increase in property-tax type revenues to the host municipalities.

FFP NY LeRoy Project2, LLC’s proposed $6.5 million project also would generate $4,000 per megawatt (AC) + a 2% annual escalator of revenues with the Town of LeRoy, Genesee County and LeRoy School District. The project also includes a host agreement with the Town of LeRoy and is estimated to generate a $229,119 increase in property-tax type revenues to host municipalities.

 A public hearing for the proposed project agreements will be scheduled in the town of LeRoy.

Zak and Abby Jantzi, representing Bontrager Auction and Real Estate, on Thursday, became the first married couple in GLOW Corporate Cup history to combine for wins in the male and female divisions.

Zak, who also won in 2023 and placed second in 2022, finished in first place with a time of 16:15. Abby topped all female competitors with a time of 20:41.

"We love this race," Zak said. This is, I think, our third year. Bontrager has been really competitive with it. I feel like it's sort of like the main event on our calendar. We're both post-collegiate runners, so just doing community events is really great for us. It's something that, as a couple, we really enjoy to run and train, so it's really just a great event to enjoy."

The first GLOW Corporate Cup was in 2014.  It is a fundraiser for the YMCA. Besides the race, the event features a picnic in Centennial Park, called After GLOW, with each participating company setting up a tent and sharing in a meal.

More than 800 runners and walkers signed up for the event this year, said key organizer Steve Tufts, a broker with a primary corporate sponsor, Merrill Lynch.

"I'm really thrilled that we're practically back to where we were (before the pandemic)," Tufts said. "We didn't have a race in 2020. Most races across the country took about 40% hit on participation. We only took 20% in 2021. ... We're looking for it to be another record again next year."

There is no accurate count on how many people were present for the After GLOW, which includes company employees who didn't run and family members, but this year's music entertainment, the Fleetwood Mac tribute band Songbirds drew an unprecedented crowd—at least 100 people not affiliated with any of the participating businesses. No previous bands have anywhere near that draw.

"Our first responsibility is to raise funds for the YMCA," Tufts said. "They're the beneficiary of all our efforts. So, our goal is to make sure we raise adequate funds (for the Y). The secondary goal might be, as you said, benefit to the general community, whether it's a free concert or whatnot. There is no Picnic in the Park any more. Maybe that'll come back some day. I think people miss that. And maybe live music. Maybe there's another company out there in the Batavia/GLOW region that would like to take on another project. We certainly encourage other companies to do something."

With Abby Jantzi's win, an interesting streak among female winners was broken.  It's the first time since at least 2015 that a woman with a name other than Kimberly won the female division.

Kimberly Mills has won the race seven times, including in 2023 (Abby finished second in 2023 and 2022). Kimberly Vona, with Batavia Downs, won in 2018 and 2017.  Mills did not run this year nor in 2018.  She came in second in 2017. Records for the 2014 race are not available online and The Batavian, in its coverage of 2014, did not include the name of the female winner.

In the male division, Zak joins two other men who have won in consecutive years. Collen Mulcahy won in 2016, 2017, and 2018. John Schnitter also recorded consecutive wins in 2019 and 2021 (there was no race in 2020).

There have been a few homes for My Sister’s Closet at YWCA of Genesee County over the years, and a new leadership not only celebrated the latest venue that accommodates more clothing but also frees up space for additional staff and offerings, Executive Director Jamie Rada says.

Rada was hired in September 2023 with a personal and professional goal to support and improve the lives of the most vulnerable populations, a goal she has begun to manifest through a community food pantry, an expanded clothing and accessories closet and additional prevention educators for the Batavia agency.

“So the purpose of this move was that Pathstone used to be down here, and when they moved out, it was double the space of the closet that we used to have. So that gave us the ability to increase the amount of clothing we have, and help more women in the community. The great thing with this closet is none of the money that supports domestic violence went to the renovations. Jagged Edges, who is here today, donated the money for us to redo this closet,” Rada said Thursday during a ribbon-cutting ceremony at the North Street site. “And also what this does by being down here, it gives us the opportunity to use the old closet for crisis counseling services and prevention education. So we'll be able to help more people in the community. 

“We've been told by a lot of people that crisis counseling is something that's really needed in this community. So we just got a grant for that. We're very excited,” she said. “And we just got a grant for prevention educators. So we'll have a couple of new staff that will be going in the old closet (space). And then where My Sister's Closet clothing was, where we would do the drop-offs, is now a Community Food Pantry. So that is opening August 16.”

The agency will work with Foodlink to supply the food pantry and, in turn, the community. Rada estimates that this will assist 200 to 250 families a month. 

As for My Sister’s Closet, Rada describes it as “a consignment store,” but one that doesn’t look or smell like you’re walking into a secondhand shop.

“It looks like a boutique,” she said. “Because a lot of the people who come here may have a lot of other stuff going on in their lives, we want them to feel dignified, we want them to feel like this is a nice place to come. So anybody from the community is welcome to come. And we do have many people who come into the community to shop here. 

“But also any women that are in our program for domestic violence, they shop for free. We help them with outfits for interviews. If they're going to try to get a job, we help them because a lot of times, women will come here with nothing but the clothes on their back if they're trying to get out of a situation,” she said. “So we always help them with new clothes as well. So that's why this closet is so important to us.” 

Amanda Lowe and her team at Jagged Edges Salon in Batavia donated the funds for a closet makeover, and salon staff was on hand to help with the grand reopening. 

Judy Fuller, one of YWCA’s 2024 Women of Inspiration award recipients honored for volunteering many hours coordinating and managing My Sister’s Closet, lovingly calls the place “my baby.”

“It helps the community, it helps women get back on their feet, and it helps DV women. It’s here for them, and they come in and get very slightly used or brand new clothing for free or at a good price.” 

She enjoys the direct customer interactions and helping out women who stop by to shop, Fuller said.

“It makes me feel good that they can come in, and it gives them some feeling of pride like they’re not being charities to them, that they’re actually getting something at My Sister’s Closet,” she said.

For hours and more information, go to ywcagenesee.org.

In an ever-changing business climate in the medical system, Patrick Privatera has rolled with the times since first establishing Village Physical Therapy in 1998 in Le Roy, opening an office in Wayne County in 2003, acquiring Sports Plus in 2009, moving into a third location in Batavia in 2014, and now, a decade later, making yet another move.

Privatera has partnered with Cypress Health MVPT, which became official this past week. Cypress has acquired his practice, while Privatera focuses more on his primary role as director of injury prevention services. 

“That’s been full-time, and then I’ve also been managing three offices and running a business. So basically, two-thirds of my burden has been lifted off my shoulders because I have an organization in Cypress that’s helped us; it’s gonna help us do that. But then I get to focus on something that I’m more interested in clinically. So it’s kind of a win-win in that regard,” he said Wednesday to The Batavian. “In terms of selecting another organization to partner with and succeed us, I really feel like we couldn't have asked for a better fit than MVPT. I feel like we are very much aligned in our values and what we care about, which is just great patient care and being great community partners. I think that there are a lot of places, especially in physical therapy, that are just trying to do more of the same thing. And I think MVPT is really trying to, in every way, get better at doing what we're doing and not just do more of the same, but try and grow and develop as an organization and as individuals. 

“I feel like we're very fortunate to create this partnership with an organization like that,” he said. I’m really excited—for our staff, for our patients and for myself.”

Most of his 28-member staff and hours at the Le Roy, Batavia and Wayne County sites have remained the same, except that Le Roy also included a fitness center that is no longer part of the new collaboration. Physical therapy is the primary focus, so Privatera worked with a local company,  Ladies First Fitness, to take on many of his senior clients to avoid having any gap in services, he said. 

His role will continue as director of injury prevention services, which means that he will examine company employees with a fresh perspective and evaluate their work situations to reduce or eliminate job-related injuries.

Doing that job while operating the business, with all of the pressures that come with it, has made being in business “a lot less fun,” he said, while handing off those detailed responsibilities makes it “a lot more rewarding.”

Cypress Health Partners launched a major expansion in New York State at the beginning of this year, extending its physical therapy services from throughout New England into Upstate New York. 

Cypress Health partnered with Sports PT of New York and joined the MVPT Physical Therapy brand. Founder Lynn Steenberg, who was praised for continually demonstrating a commitment to delivering great access to care, fantastic patient experience and incredible clinical outcomes, is the regional director for the network of more than 120 physical therapist-owned and locally operated clinics.

Privatera had leased an office in Webster during the pandemic, and after he decided to let that go, Sports PT took it over, and he met up with Cypress Health Partners. They kept talking for about the next two years, and when it came down to it, “I had an awful lot on my plate,” Privatera said, including the realization of how many practitioners had put much thought into how to open a practice but then didn’t have a great exit, or retirement plan at the other end.

“I’m 51 now, so I'm not at retirement age, but I've watched a lot of people — there are a lot of physical therapists in this area that are probably 10 or 20 years older than me — and I've watched an awful lot of them never contemplate the possibility they wouldn't be doing what they're doing forever, you know. Everybody's got a plan to get into business, but they, a lot of times, people don't have a plan to get out of business and retire and all that kind of thing. And particularly when you're the owner of a practice, that can become difficult. So, I didn't want that to be my story, I didn't want to be in a position where I had to sell or I couldn't carry on,” he said. “And so … I had been trying to create a succession plan, basically what would happen when we were ready to step back. And, you know, I wanted to make sure I had given some thought and planned that so that we could do it on our terms when we were ready. And I think in Cypress, we found an organization that really shares our values, they're very community centered, they're patient care centered.”

Other factors included the cost of doing business, with labor prices going up, competition from larger healthcare systems getting swifter and hungrier—“gobbling up” the available workforce—and revenue from services about half what it used to be 20 years ago when you adjust for inflation, he said.

“The trend is payments are going down, down down, and labor is going up, up, up,” he said. “The payments for PT services in New York State is probably 30% below the the national average across the country. We should, by rights, have no difficulty hiring graduates (with the nearby colleges and universities) … but what’s happening is, as soon as these kids graduate, they get out of New York, they’re leaving because they can go and make, in some cases, twice as much money elsewhere. So it’s really, really hard to attract and retain good, young physical therapists for this area, even though there’s a plethora of academic programs churning them out.”

The upside is being able to still provide three sites — two local sites in Genesee County — with quality, trained staff and similar hours, he said. Not much has changed for the clients, other than a new logo and the removal of the fitness component to the Le Roy facility. That is “a loss for the community,” Privatera said, which is why he worked with the nearby Ladies First to accommodate his clients. 

“That was important to us. And I’m trying to hire another therapist at the Batavia site, we’ve gotten really busy, and we’re looking to expand our staff there,” he said, giving a nod to his  partner’s core beliefs. “Their mantra here is to basically say, hey, what do we need to do a really great job, and they want to support that. So, all the people behind the scenes that are based in Boston are really trying to help support us do a really great job with with our patients. I'm really excited about the resources that they will bring to our organization and our team. I'm just really excited about what we'll be able to accomplish together. 

“I think there's a lot of upsides for this. I can certainly understand, especially in a small community like Le Roy and Batavia, where people would be understandably skeptical of a larger organization coming in,” he said. “But I think that this is a larger organization with a small-town focus. And I don't think people should be concerned in any way. In fact, I think they're really lucky to be able to have a resource like this in their back yard.”

MVPT Physical Therapy has locations at 5 Alva Place, Batavia, 3 West Ave., Le Roy, and 1218 Mayberry Place, Macedon.

The Elmira Pioneers entered the fourth inning of Wednesday's rain-suspended West Division championship game ready to hit.

Matt Misiti, who tossed three innings on Tuesday before the downpour started, returned to the mound and recorded only one out while surrendering three runs, giving Elmira a 3-2 lead.

On the regular season, Misti was 4-0 with a 1.36 ERA 34 strikeouts.

The Pioneers scored again in the fifth and added on two more in the ninth to take the division title 6-3.

Trevor Dutra, who homed on Tuesday as part of a Muckdogs two-run third inning and gave Batavia the lead before the rain started, was 2-3 in the game.

The Muckogs had a regular season record of 34-8 while Elmira was 24-18.

Elmira next faces the Amsterdam Mohawks (35-7 in the regular season) for the Perfect Game Collegiate Baseball League championship. 

Since entering the league in 2021, the Muckdogs have finished 22-19 (third place), 30-15, 27-16, and this year, 34-8.  This season represents the third straight year that Batavia has finished with the best record in the West Division.

Photos by Howard Owens

The legal particularities of what evidence may be used at trial were the focus on Wednesday of a pair of hearings for defendants implicated in the death of Sgt. Thomas A. Sanfratello during a confrontation at Batavia Downs on March 10.

At issue is the legal sufficiency of a 710.30 notice, which refers to a portion of Criminal Procedure Law requiring the prosecution to provide notice to the defense of statements made by defendants to public officers.

The defense argues that District Attorney Kevin Finnell didn't provide enough detail in the 710.30 notice to alert them to which statements of their clients captured by police officer body-worn cameras might be used at trial.

County Court Judge Donald O'Geen pressed them on whether the detail they requested was really necessary, given that they received all of the body-worn camera footage obtained by the DA's office. He questioned whether it was realistic for the DA to be completely sure of which statements he might use at this state of the proceedings.

Both attorneys argued that the notices required more detail.

Finnell argued that he might very well use all of the video in question at trial, so the notice he filed provided sufficient information for the defense to prepare for trial.

The defendants are Michael J. Elmore and Lyndsey J. Wilcox. Elmore is charged with multiple charges for his alleged attack on Sanfratello, including aggravated manslaughter in the first degree, and Wilcox also faces several charges, including burglary and assault (full list of charges at the end of this story).

Elmore is represented by Joseph A. Lobosco, and Wilcox is represented by Daniel Dubois and James Vacca.

The hearing on Wednesday morning was the next stage of the process that is likely to lead to criminal trials early next year for Elmore and possibly Wilcox (unless there is a plea agreement). At this stage, defense attorneys make motions, the people (prosecution) file their answering affidavits, then the judge hears limited oral arguments (the purpose of Wednesday's hearing) and then the judge reviews the motions and arguments and issues a ruling.

Lobosco also moved to dismiss the grand jury indictment against Elmore because, in his view, the DA asked too many leading questions (assertions rather than open-ended questions) during grand jury testimony.

"This tainted the entire grand jury process," Lobosco argued.

Finnell defended the grand jury testimony by noting that supposed leading questions were just drawing attention to portions of video and asking witnesses to affirm the accuracy of the video.

The other important issue for Dubois and Vacca in representing Wilcox was the validity of the burglary charge.  The burglary charge is predicated on the assertion that a person remained unlawfully on private property after being asked to leave with the intent to commit another crime.

Vacca argued that a review of the surveillance video shows that Sanfratello confronted Elmore, Wilcox and a third party inside of Rush 34, one of the bars inside of Batavia Downs, and apparently informed them they needed to leave the facility.  The video indicates Wilcox was cooperative and complying and is seen at one point, standing aside and laughing and joking with a female security guard. She then, he said, walks ahead of Sanfratello while being escorted out of the facility. Near the front door, there is, according to Vacca, an inadvertent brush of hands between Wilcox and Sanfratello.

Wilcox reacts to this and hits Sanfratello, so Sanfratello takes her to the ground and places her in handcuffs.  It is after she is in cuffs that Elmore allegedly attacks Sanfratello. 

Dubois argued that Wilcox should not be charged with assault based on the video evidence. That her actions constitution, at most, a violation of the harassment statute.

None of this, the attorneys argue, supports the assertion that Wilcox formed an intent to stay in the building in order to commit a crime.

Finnell countered that the action of Wilcox constituted resisting arrest and that her hitting Sanfratello became assault because he was a police officer conducting his official duties. He also argued that it isn't possible to know when Sanfratello's heart emergency, which eventually led to his death, started.  It could have started, he said, during the confrontation with Wilcox.

O'Geen is expected to issue a ruling before the next court appearances for Elmore and Wilcox on Aug. 23.

Both defendants remain in custody.

Elmore was indicted by the Grand Jury on counts of:

• Aggravated manslaughter in the first degree, a Class B felony. He is accused of intending to cause serious physical injury to a police officer and, as result, causing the death of a police officer;
• Aggravated criminally negligent homicide, a Class C violent felony. He is accused of causing the death of Sanfratello with criminal negligence;
• Assault in the first degree, a Class B violent felony. Elmore is accused of causing the death of Sanfratello while in the commission of another crime, burglary in the second degree;
• Burglary in the second degree, a Class C violent felony. He is accused of knowingly entering a building unlawfully with the intent to commit a crime in the building and threatening to use or did use a dangerous instrument.

Elmore and Wilcox are indicted on counts of:

• Burglary in the second degree, a Class C violent felony. Elmore and Wilcox are accused of remaining unlawfully in a building with the intent to commit a crime in the building and, while in the building, causing serious physical injury to another person;
• Assault in the second degree, a Class D violent felony. Elmore and Wilcox are accused of causing physical injury to a police officer who was in the act of performing his official duties;
• Obstruction of governmental administration in the second degree, a Class A misdemeanor. The pair is accused of trying to intentionally prevent a police officer from performing his official duty by means of intimidation, physical force, or interference.

Press Release:

Batavia Downs Gaming & Hotel has announced that as part of OTB’s 50th Anniversary Celebration, the corporation will be making the Tommy DeCarlo, Jason Sheff, and August Zadra concert, taking place on August 16, a show with free General Admission Tickets. 

Those wishing to attend the concert can pick up their free GA ticket upon arrival at Batavia Downs inside of Park Place on Friday, August 16.

A fireworks show will also take place following the concert that evening.

Tommy DeCarlo became the lead singer of Boston in 2008 and has performed with them for 2 decades. Jason Scheff joined the band Chicago in 1985 as lead singer/songwriter/bass player and went on to perform thousands of live concerts worldwide spanning four decades during a non-stop touring and recording career with the multi-platinum band. Longtime Dennis DeYoung Band lead guitarist and singer, August Zadra, will be doing a mini set of Styx classics.

For those who already purchased tickets prior to today’s announcement, an upgrade table located outside of the Park Place room on Friday, August 16 will allow attendees to upgrade their tickets to the next section closer to the stage.

Press Release:

The City of Batavia Police Department announced that the annual Community Night will take place on Monday, August 5 from 5:30 - 8 p.m. at the David M. McCarthy Memorial Ice Arena located at 22 Evans Street.

Batavia Downs Gaming and Upstate Niagara/O-AT-KA Milk Products are the Diamond Sponsors with all sponsor proceeds going to support the department’s K-9 program.

“We are very excited to conduct our annual Community Night at the ice arena as it gives us more space and flexibility and less disruption because of street closures,” said Batavia Police Chief Shawn Heubusch. “More importantly, the ice arena is a community gathering place which reflects the spirit of the event which is to build on the relationship between the police department and its citizens.” 

Community Night is an annual community-building campaign that promotes strong police-community partnerships and neighborhood camaraderie to make safer neighborhoods. Various organizations and groups once again will be participating in the annual event which will include free food. There will be displays and other interactive activities both inside and outside the arena. 

Among the Gold Sponsors include Chapin, Extended Sound, Grace Baptist Church, Ken Barrett Chevrolet Cadillac Inc., Mogavero’s Auto, and Tonawanda Valley Federal Credit Union. 

Silver sponsors include Beverly’s Flowers and Gifts, Ficarella’s Pizzeria, Genesee County Economic Development Center, Genesee County Sign Shop, H.E. Turner & Co. Funeral Homes, Habitat for Humanity Genesee County, Horizons Health Services, Kiwanis Club Batavia, Main St. Pizza, Mercy EMS, Northside Deli, Perry Vet, Salmon Orthodontics, Southside Deli, Town of Batavia Fire Department, Toyota of Batavia, TShirts Etc., UConnectCare, and V.J. Gautier Constructors, Inc. 

Bronze sponsors include Batavia Lions Club, Cedar Street Sales and Rental, and Pathstone Corporation.

For more information and for those interested in a sponsorship opportunity, should contact Batavia Police Department Detective Matthew Wojtaszczyk at 585-345-6357 or at mwojtaszczyk@batavianewyork.com.

Press Release:

BND United Hockey is excited to announce its Pickleball Tournament, scheduled for Sunday, August 18. The event will take place at Batavia High School, located at 260 State St., Batavia on the tennis courts.

The tournament will feature two sessions:

• AM Flight: 9 a.m. - Noon
• PM Flight: 1 - 4 p.m. (if needed)

This fun, non-sanctioned event is designed to bring pickleball enthusiasts together while supporting the BND United Hockey program. The cost to participate is $20 per person or $40 per team, with a doubles format.

Participants will enjoy a hot dog, water, outdoor games (cornhole, can jam, ping pong), and music. For those who need a doubles partner, arrangements will be made.

To register, please contact John Kirkwood at jkusa1989@gmail.com. Indicate your preferred session or your availability for either. Registration fees can be paid via check made out to BND United Hockey, Venmo @John-Kirkwood-13, or cash on the day of the event.

Prizes will be awarded to the winning teams in each flight, and the tournament will help raise funds for the upcoming hockey season.

For more information, please contact John Kirkwood at the email address above.

Trevor Dutra delivered a bomb over the right field wall in the bottom of the third inning of Tuesday's division championship game to give the Muckdogs a 1-0 lead over Elmira.

The game was suspended at the start of the fourth inning because of a heavy downpour drenching Batavia.

The Muckdogs have a 2-0 lead in the suspended game after Caleb Walker scored on a wild pitch later in the bottom of the third.

The game resumes on Wednesday at 6:30 p.m.  Tickets from Tuesday's game are still valid.

Photos by Howard Owens.

Press Release:

To all motorists, residents, and property owners along Terry Hills Drive in the Town of Batavia:

Terry Hills Drive will be paved on August 5 between the hours of 7 a.m. and 5 p.m. 

The roadway will be closed to all traffic on Terry Hills Drive between Clinton St-Rd/ Route 33 and dead-end while paving operations occur. Residents and Property owners of Terry Hills Drive will have limited access and should expect delays.

Emergency services will be permitted through. All other traffic will not be permitted through the road closure. This work is weather dependent. If work is delayed it will be rescheduled for the next available date.

If there are any questions concerning this work, please contact The Town of Batavia – Highway Department at (585) 343-1729 Extension 218. Thank you for your cooperation in advance.