batavia

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.

Press release:

The Batavia Police Department and the New York State Police are investigating two separate incidents of burglaries at two different gas stations in the City of Batavia and Town of Batavia respectively this weekend.

In both incidents, two suspects smashed a front window with construction debris found near the gas stations. The suspects then made entry into the businesses and stole property.

The Batavia Police Department is looking for assistance identifying the suspects or if any citizens observed any suspicious events near the Valero Gas Station on Sunday, December 26, 2021, at or about 5:00 a.m.

Anyone with information is asked to contact Detective Jason Ivison at (585) 345-6312 or email him at jivison@batavianewyork.com.

You may also use the CONFIDENTIAL TIP LINE at (585) 345-6370.

Press release:

The B.I.D. FeBREWary Committee announces this year’s event which will be held on Saturday, February 26th.

Only 600 tickets are available for this year’s event. Tickets may be purchased online. General Admission tickets are $25, VIP $35 and DD tickets for $5. All VIP ticket holders get into event 1 hour early at 4 PM, a special gift, raffle tickets and more! All ticket holders will enjoy a tasting of several NYS Craft Beer and at over 20 local businesses throughout our Downtown.

For more information contact the Batavia Business Improvement District at 585-344-0900 or Shannon Maute at director@downtownbataviany.com.

Volunteers along with their family members at T. F. Brown's on Christmas Day for the restaurant's annual free Christmas Day Dinner for the community.  This year, the meal distribution was drive-thru with about 300 meals distributed.  This year, the toys donated for community children were distributed by City Church.

Photo and info submitted by Joe Teresi.

Marcella Greene Chelsea Mutter

Marcella F. Greene, 37, of Fernwood Park, Rochester, and Chelsea M. Mutter, 28, of Miller Avenue, Batavia, are both charged with criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 4th.

Greene and Mutter were arrested by members of the Local Drug Task Force after local law enforcement responded a call at Quality Inn and Suites, 8250 Park Road, about an attempt to locate a warrant subject.

Upon investigation, Greene and Mutter were allegedly found in possession of crack cocaine. They were taken into custody without incident and also arrested on multiple outstanding warrants.

The duo was arraigned in Town of Batavia Court.  Greene was released under supervision of Genesee Justice. Mutter was released on her own recognizance. 

Batavia PD assisted in the investigation.

Brian Thomas Durett, 31, of Mount Vernon, Rochester, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and speed not reasonable and prudent. Durett was charged following an investigation by Deputy Moore of a report at 12:39 a.m., Dec. 24, into a report of a vehicle in a ditch on I-490 in Le Roy.  He was released on an appearance ticket.

The Batavia Blue Devils boys basketball team lost Thursday to Greece Olympia 64-47.

Javin McFollins and Tanner Mountain scored nine points each. Estavan Lovett and Sawyer Siverling scored six each.

Also in boys basketball, Notre Dame beat Lyndonville 83-56.

In girls basketball, Batavia beat Olympia 47-37. Jaylene Dersham scored 21 points and Julia Clark scored 10.

Wednesday evening seemed to be the right time to check out what was going on at Genesee County Animal Shelter on West Main Street Road, Batavia. Evening hours provided opportunities for several folks to visit, adopt a pet and/or drop off generous donations.

Top photo: Sara Rose of Revival Salon in Batavia brings in a donation of edible treats Wednesday evening for the animals at Genesee County Animal Shelter on West Main Street Road, Batavia. Bottom photos: Kevin and Krista Kretschmer donate a large assortment of items, a chart on the Volunteers For Animals website displays how donations are used, Ken Krueger adopts Princess, a cat makes itself comfortable in the greeting room and Mike and Patty Uzialko snap a photo of their future household addition, Juliette. Photos by Howard Owens

Jonathan Maher, 9, and his younger brother Henry, 6, couldn’t help but check out the dogs heard barking down the hall at Genesee County Animal Shelter.

The boys had come to the West Main Street site this week to make their donation to Volunteers For Animals, which operates out of the shelter. It was one of at least three donations brought in during a 90-minute span.

“We had some share money and didn’t know what to do with it,” Jonathan said as to why they were visiting on a snowy Wednesday evening. “I really like animals.”

His mom, Melannie, explained that the youngsters earn a regular allowance, and they merge some of the money for a “share” fund, which is given to charity. 

“We had dropped off some stuff before and thought it’d be nice to help the local shelter,” she said. “They were so excited to come and see the animals.”

Seeing the animals: Ruben

The boys met Ruben, a friendly and energetic pit bull terrier mix with a light tan coat and spots of white at his paws and chest. Reuben was previously adopted, but was returned when his family discovered he needed “an attitude adjustment,” VFA President Debbie Stocking said. 

“He has a lot of behavioral issues and is getting training,” Stocking said. “He loves people. He wants to learn, he really tries.”

Ruben is about 2 years old and loves to play with toys. The blue-eyed looker would be ideal with someone who can be his leader and understand his need for exercise and having “room to run,” Stocking said. He is a playful and affectionate boy who will do best in a household that provides consistent guidance and direction. Ruben is learning loose leash walking and receiving some basic obedience training while at the shelter. Volunteers say he will excel in a household that will maintain the training and give him a structured environment.

And Sammie … 

Then there was Sammie, who stood taller than his cellmate as a black and tan hound mix. Found as a stray at the Rez Smoke Shop and Gas Mart, Sammie’s sweet disposition belies her untold time without a home. She’s in heat and will get spayed when possible.

“This is the best place for her to be, rather than going out and getting pregnant,” Stocking said. 

Sammie can go to a good home now, and the spaying procedure will be paid for by VFA. Stocking wasn’t certain whether she gets along with dogs and/or cats because she was just brought in, however, she demonstrated an enthusiastic joy for mingling with people. She is estimated to be 1-1/2 years old and weighing in at around 70 to 80 pounds. She is a strong young lady and is receiving some training as well.

Volunteer Vern Luce favors Sammie, he said, because she reminds him of a dog he adopted when the new shelter first opened. That other dog, named Kazoo, was a 10-month-old shepherd-Rottweiler mix.

“She was just so sweet,” Luce said of his prior pup, turning to the brown, long tail-wagging Sammie. “That’s why I like her.”

Coco and River …

Coco is a brown Labrador retriever mix from a shelter in Kentucky. After torrential storms leveled nearby states, the Kentucky shelter cleared out some of its inventory to make way for animals from those devastated communities, Stocking said. VFA took in six of those dogs, about half of which have already been adopted. Coco is a “very sweet” 4-year-old who loves greeting visitors. River is another rescue from Kentucky. He is a 2-year-old black Labrador retriever/German Shepherd mix.

“They’re good with other dogs, and they play with everybody,” Stocking said. 
  
Hunter and Felco …

Jonathan and Henry also met up with Hunter and Felco, two Catahoula puppies. Rather tall and lean for their age of nine months, the light brown pups are differentiated by a lighter white vertical patch on Felco’s face. 

“They love to play, and they can run and run and run,” Luce said. 

There were 10 dogs up for adoption, and about a half dozen cats, as of Wednesday evening. The Batavian will be publishing periodic stories about the animals in need at the shelter, including those that have been rescued, turned in, or found as strays. That doesn’t mean they will make ideal holiday gifts, Stocking said. What may seem like a cute surprise to hand to a child — or even to an adult — can soon become an inconvenience, she said. 

“We don’t recommend a pet for Christmas,” she said. “Nine out of 10 come back. I would never suggest a pet as a gift. Adopting a pet is a lot of responsibility.” 

Adoption fees are $60 for county dogs and cats and $50 to $150 for rescues from out of state. If the animal is not spayed or neutered, there is a $35 refundable deposit that is returned upon proof of surgery. An adoption application must be filled out at the shelter by the person wishing to adopt the animal. Once the application has been reviewed and approved, the potential adopter may visit and meet any of the animals. All cats must leave the shelter in a cat carrier, to be supplied by the adopter.

If you’re ready for the long-term commitment of raising a four-legged friend, contact the shelter at 585-343-6410, Option 7, to schedule an appointment. For more information, go to vol4animals.org. 

Top photo: Jonathan and Henry Maher drop off a monetary donation to Volunteers For Animals during a visit Wednesday at the Genesee County Animal Shelter in Batavia. They visit with residents Ruben, Sammie, Coco, River, Hunter and Felco, assisted by volunteers Cindy Moag, Debbie Stocking, and Vern Luce. 

Photos by Howard Owens.