batavia

This is County Building #2 on West Main Street Road, Batavia, earlier this evening.

If Michael Tomaszewski were to receive the maximum sentence in prison under the law for his crimes, the court would have no leverage to ensure he paid back his victims the more than $500,000 he stole from them, County Court Judge Charles Zambito told a courtroom full of people defrauded by the disgraced funeral director this morning.

To help make sure Tomaszewski is motivated to make restitution, Zambito sent him to prison for a bit less than the maximum term.

Instead of 2 1/2 to seven years in prison, Zambito ordered Tomaszewski to serve from two to six years on the most serious charge he admitted -- grand larceny in the third degree.

On his scheme to defraud and his offering a false instrument for filing, the sentence was 1/3 to four years each, and on the misdemeanor improper burial charge, 364 days.

All sentences are to run concurrently.

"What I can’t break away from is that for 12 years, you went to work every day knowing that the day before you had broken the law and you were going to break the law again," Zambito said. "This isn’t something that you forget about. This is something you don’t know about. You knew what you were supposed to do with that money. You just chose not to do it. Why? Because it was beneficial for you and you figured you would never get caught. That says more to me about your character than any good works you have ever done. I just can’t get around it."

Zambito said the best interest of the community is that Tomaszewski's victims have some assurance that restitution is possible.  With a maximum sentence, once Tomaszewski's time was served, he couldn't be hauled back into court if he stopped paying restitution.  Today's sentence will ensure that if he slips on his obligation, he can serve as much as 15 years total on the conviction.

Public Defender Jerry Ader argued for a community-based sentence (probation, with no prison time) to best ensure Tomaszewski made restitution to his victims. 

During his statement to Zambito, he reminded the judge he had the latitude to use Genesee Justice as it was originally intended, to bring restorative justice to victims and offenders. 

Used in that way, Tomaszewski would be required to meet individually with each of his victims so he would have to face the totality of his crimes, to feel the shame, to explain himself.

"It's innovative," Ader said. "It's not used.  But it's what people want. People are longing to be heard. They want my client to feel shame, more than he's shamed already."

Interim District Attorney Kevin Finnell said he wanted to see Tomaszewski go to prison for the maximum time the law would allow, characterizing Tomaszewski's actions calculating and a crime against the whole community.

"People trusted him," Finnel said. "(His involvement in the community) was simply a way of gaining trust, to be the good guy, to make friends, 'then you will come and give your money and I will take it.'  Mr. Tomaszewski took their money and then broke their trust. 

"What Mr. Tomaszewski did was so egregious, so calculating, so wrong. I would submit that the court has no alternative but to sentence him to the maximum allowed and that's a 2 1/3 to a seven-year term."

Ader pushed back at what he characterized as Finnell's attempt to paint his client as some sort of evil mastermind who fooled everybody in the community just to enrich himself.

He said there is no evidence Tomaszewski has a gambling problem or a drug use problem.  He said his client used the funds he failed to keep in trust to help grow his business; that he invested it in new buildings and new business ventures.

"It all went back into his business," Ader said. "It was wrong and he know it was wrong and he couldn’t stop because the business was helping people and he wanted to help people.

"My client isn't some sort of Bernie Madoff character who is stealing money in this Ponzi and living lavishly. That is somebody who should be punished for the rest of his life. This is somebody who mismanaged. And if you want to call that poor business, poor judgment, those are choices he made. Bad choices. Criminal choices. But they were choices. Yes, his intent, obviously, was to put that money back into the business but he still provided services."

Zambito didn't buy it.

"I don’t believe you are somehow sacrificing your own life, depriving yourself or your family," Zambito said. "You had what appeared to be a very successful business. You say in your pre-sentence investigation that you invested in the business. 'I needed the money for the sprinkler system. I needed the money to start the Dibble Center. Don’t you think there are other business people out there who need the money to improve their businesses, who want to do the best they can to start new ventures? They borrow the money if they don’t have it. They go to banks."

The defense delivered to the court more than 50 letters from members of the community, including letters from people who were clients of the funeral home, attesting to Tomaszewski's good character, saying he was a good guy who just made a mistake and mismanaged his business.  They pointed to his involvement with the Lions Club, to his charitable work, to his support of community organizations.

Zambito said he also had a binder containing information on 91 victims of Tomaszewski's fraud, documenting more than 12 years of criminal activity that cost members of the community more than $500,000. Yes, some of those victims do only want restitution, Zambito said, but many others want justice, they want Tomaszewski to go to prison.

"They believe that the scope and breadth of your crimes outweigh the positive things that can be said about you," Zambito said.  "I get that you did good things but you did it with other peoples' money."

After adjusting for the $32,000 Tomaszewski was going to pay today and five percent interest on the original amount of restitution required, Tomaszewski owes his victims $569,434.92.

Zambito ordered Tomaszewski to pay $2,000 a month upon his release from prison, which Zambito said he felt Tomaszewski would have no trouble making full restitution within 10 years of his release because he's shown he has the ability to earn money, particularly in the restaurant business.  

Currently, Tomaszewski's former funeral home building is listed for sale for $1 million and another building he owns on West Main Street is listed for $165,000.  He also has a pending bankruptcy with $3,242,390 in liabilities.  The money owed to victims who filed claims in the federal court cannot be discharged through the bankruptcy proceeding.

Al Kurek, one of Tomaszewski's victims, made a statement to the court during today's hearing. He called Tomaszewski one of the community's "golden boys" who had a successful business and won people's trust but squandered his accomplishment. 

"There was only one problem," Kurek said. "All the time he was offering comfort and condolences, he was practicing deceit.  He sat across from clients over the years, stared them in the eye, shook their hands providing them with assurance and comfort while all the time knowing that their monies were going directly into his pocket.

"What he actually gave clients was mental anguish and suffering as well as lies, pain, grief, and heartache. The Batavia community had its soul scorched when all of Michael's criminal and unethical activities were revealed." 

Joan Mariucci said Tomaszewski stole her trust.

"There are two Rs," she said. "There’s rich and there’s retired.  We’re retired. We’re not the rich. We don’t have that kind of money just laying around to give to someone else."

Interim District Attorney Kevin Finnell.

Public Defender Jerry Ader.

Judge Charles Zambito.

Press Release:

In collaboration with the American Red Cross, Batavia Community Schools is sponsoring a Blood Drive on Thursday, December 30, 2021, from 9 AM-2 PM at Robert Morris Multi-Purpose Room, 80 Union Street, Batavia. 
 

Click here to schedule an appointment, or call the American Red Cross at 1-800-733-2767. Appointments are still available. 

 

As of August 9, American Red Cross requires that all individuals at blood drives wear a face mask regardless of vaccination status.

A power outage affecting 740 National Grid customers is reported along South Pearl Street Road and south nearly to Alexander Road, from the City of Batavia to near Darien.

The power outage was reported at 1:41 p.m.  

It is unconfirmed if related, but there was a motor vehicle accident reported at 2901 South Pearl Street Road, Pembroke, at about the same time the outage started.

The estimated power restoration is 3:45 p.m.

UPDATE 3:15 p.m.: Power has been restored.

Residents throughout the county proudly display their Christmas trees in front windows so every passerby might enjoy the Christmas spirit.  Here are a few such trees in Batavia.

Today, VivIFY Hydration Lounge & Medispa hosted its grand opening and ribbon cutting at 413 East Main Street, Batavia.

The spa offers intervenous hydration along with the administration of vitamins, minerals, and nutrients appropriate to the client's needs.  The IV process enables the body to absorb 100 percent of the nutrients, a result not possible through pill-based supplements.

Infusion options include increased immunity, athletic recovery, a cure for a hangover, a metabolism boost, migraine relief, and hunger suppression. 

Appointments can be made by calling (585) 494-7411.

The former Santy's Tires building on Ellicott Street, which along with the former Soccio & Della Penna building, is part of a redevelopment effort downtown known as Ellicott Station, is nearly gone as construction on the $22 million project continues.

The brownfield redevelopment site has been vacant for many years and has been a challenge to redevelop because of environmental contamination.  Grants and tax abatements, about 15 percent of the project's funding, help offset the cost of environmental clean-up.

Savarino Companies of Buffalo is the project developer. It will include 55 apartments, office space, and a restaurant.

It is Christmas Sweater Day at Batavia Middle School.

Top photo: Evan Patrick, 5th grade, models his sweater.

Demarius Johnson, 5th grade

Reid Presley, 5th, and Robert Thurston, 5th.

EIghth-graders Kritina Buchanan, Alora Becket, Mimi Weicher, and Paige Harmon.

Vice-principal John-Martin Cannon and Principal Nate Korzelius.

As parents and school leaders grapple with how to manage ongoing student mental health issues as a result of the pandemic, increased isolation and heavy social media use, it seems to come down to the basics.

That was the message from Tharaha Thavakumar, a school-based therapist with Genesee Mental Health, during a Zoom meeting with media Friday. 

“I think we just need to be putting out more goodness, with the way everything is in society,” she said. “I think we have to not normalize violence. I think we need to start seeing the kindness and the goodness, and other things that are happening in the world that are not violent.” 

That’s a tall order, considering that social media has pushed the limits of fun and innocuous posts into dangerous territory. Thavakumar’s talk, sponsored by Rochester Regional Health, stemmed from a TikTok challenge to kids across the country. They were encouraged to participate in a “Shoot Up Your School” challenge on Friday, Dec. 17. While some districts across the country closed school for the day, many others, including Batavia City Schools, tightened their safety protocols and had school resource officers and/or local police on-site or nearby just in case of an event.

There were no reports of any shootings Friday, but even the anticipation of such events can make for “heightened awareness,” Thavakumar said. Although there were no imminent threats, the idea of someone bringing a gun to school and using it can definitely cause “a lot of anxiety to the parents, to the teachers, to the faculty, to the students,” she said.

Living in an online world ...
“It’s unfortunate that social media has this power to kind of cause these threats and anxieties,” she said. “We’ve already had a rough year, just coming off of remote learning and hybrid learning.”

Take the pandemic and related stress, and then add “those societal threats” to it, and it really has a negative impact to mental health, she said. 

“It’s initially always that humans go to the negative; it’s how we view things,” she said. 

Having children of her own, Thavakumar understands the need to weigh each situation to determine the level of safety or danger. Her teenage son didn’t want to go to school after hearing about the challenge the night before. His mom suggested that they wait and see what, if anything, happens on Friday before making a final decision. On Friday, they came to a mutual conclusion.

“My kids did go to school today, I felt confident enough in school safety. I knew my son would be surrounded by kids he knew,” she said. “The kids I work with had a lot of anxiety; they had lockdown drills. Actually experiencing it is scary, it is something very traumatizing the kids have to go through … a pandemic and masks, school shootings, and threats seem to be happening more frequently. This is a reality that kids have to deal with, so it’s a constant trauma.”

Those intense feelings can make it very difficult to focus on academics, she said, and kids adapt to being in “fight or flight mode” and acquire “a whole lot of” physical ailments, poor sleep and mental health issues. 

“And then we wonder why kids can’t do well in school, because they’re in constant survival mode,” she said. 

Communication is key ...
As pointed out by Batavia High School Principal Paul Kesler and senior Kylie Tatarka at this month’s city schools board meeting, good communication is crucial for helping kids cope. Both high school members talked about a strategy of having counselors visit students in class to check out how each is doing. That falls in line with Thavakumar’s advice.

“Talk to the kids and work on relationship building. If you as a parent notice your child is withdrawing, get them help,” Thavakumar said. “Just be aware … children are going through a lot. If they say they’re nervous, ask them why. Validate how they feel, and I think that’s the biggest thing that we miss. A lot of times were like it’s Ok, everything will be fine. No, it’s Ok to be upset.”

If one’s child doesn’t want to talk to his or her parent, then find a trusted person who they can and will talk to, she said. Kids are worried about what’s going on in the world, she said, and having a trusted relationship lets them know there’s someone they can go to when needed. 

How to begin ...
The School Mental Health and Training Center offers articles, assessment tools, and tips for how to deal with a mental health concern and emotional well-being. The site also provides mental health conversation starters to offer examples of what parents might say to get the ball rolling with a tight-lipped child.

This toolkit provides sample prompts for a variety of situations or concerns as well as tips on how to discuss good mental health habits in students and how to create a safe, caring, and age-appropriate atmosphere for ongoing conversation and dialogue with children and youth.

Instead of asking a yes/no question, such as “Are you okay?”, the site suggests to start a conversation that invites your child to share beyond a one-word answer. These may include:

• “It seems like something’s up. Let’s talk about what’s going on.”
• “I’ve noticed you’ve been down lately. What’s going on?”
• “Seems like you haven’t been yourself lately. What’s up?”
• “You don’t seem as ______ as you usually are. I’d like to help if I can.”
• “No matter what you’re going through, I’m here for you.”
• “This might be awkward, but I’d like to know if you’re really alright.”
• “I haven’t heard you laugh (or seen you smile) in a while. Is everything okay?”
• I’m worried about you and would like to know what’s going on so I can help.

Not all conversation starters need to be questions, the site states, and many times a caring statement and a moment of silence is all it takes for someone to begin sharing.
When noticing a change in behavior, it’s important to focus on the reason or emotion behind the action rather than the action itself. Avoid asking “Why are you (not) ______?” and, instead, state what you are noticing and what might be behind the behavior.

For example:

• “I’ve noticed that you seem more anxious on Sunday nights. What’s going on?”
• “Have you noticed that you’re not eating all of your dinner lately? I wonder if something is bothering you.”
• “I haven’t seen you playing basketball like you used to. What’s up?”

Noting, and asking about, a child’s behavior in a non-judgmental way avoids a typical “good/bad” dynamic that also demonstrates concern and care, it states. 
Thavakumar’s advice to highlight more of the good in the world diminishes what the site calls "a reinforcement of negative stigmas."  The Mental Health Association of New York State urges adults to watch for ways that students are practicing good mental health and wellness skills and to talk about it with them. 

For more information, visit the School Resource Center at mentalhealthEDnys.org.

Jackson Primary School hosted a drive-thru Christmas parade this evening for Jackson students and their families.

In the top photo, Jaxon Noonan reacts to seeing Santa while his parents Gemma and Kevin Noonan enjoy the moment.

Sidney C. Underhill, 72, of Batavia, is charged with stalking 4th and trespass. Following prior complaints of Underhill showing up and watching at places where the occupant of a residence on Swan Street, Underhill was allegedly located in the backyard of the residence, where he does not reside, without permission. Underhill was arraigned in City Court. An order of protection was issued and he was released on his own recognizance. 

Tevin D. Bloom, 28, of Batavia, is charged with criminal contempt 2nd. Bloom is accused of violating an order of protection by going to a protected party's house. He was issued an appearance ticket.

J'Shon K. Naegely, 25, of Batavia, is charged with false personation. During a welfare check at a residence on Dellinger Avenue at 1:40 a.m., Dec. 15, Naegely allegedly lied to police about his identity. He was issued an appearance ticket.

Michael L. Jackson, 40, of Batavia, is charged with petit larceny. Jackson allegedly stole items from a local business at 9:55 p.m., Dec. 10. He was issued an appearance ticket.

Heather M. Davis, 55, of Lockport, is charged with criminal contempt 2nd. Davis is accused of violating an order of protection by contacting the protected party at 8:39 a.m., Dec. 10. She was issued an appearance ticket.

Jordin M. Schultz, 23, of Batavia, is charged with criminal contempt 2nd. During a probation home check at 11:23 p.m., Dec. 11, Schultz was allegedly found in violation of an order of protection. He was released on an appearance ticket.

Lucas Potrzebowski, 27, of Batavia, is charged with harassment 2nd. Potrzebowski is accused of pushing another person to the ground during a dispute at a local business at 11:30 a.m., Dec. 3.  He was issued an appearance ticket.

Charles A. Tomaszewski, 59, of Batavia, is charged with criminal contempt 2nd. Tomaszewski is accused of violating an order protection by having contact with the protected party at 8:44 p.m., Nov. 15, at a location on Redfield Parkway. He was issued an appearance ticket.

Thomas J. Leonard, 38, of Batavia, is charged with burglary 2nd, criminal mischief 4th, and criminal nuisance 2nd, after he allegedly damaged property and entered a residence on East Main Street, during an argument at 5:14 p.m., Dec. 11. He was arraigned in City Court and ordered held on $5,000 bail, or $10,000 bond, or $20,000 partially secured bond.

Christopher J. Diers, 39, of Batavia, is charged with petit larceny. Diers is accused of stealing items from a store on East Main Street, Batavia, at 9:59 a.m., Dec. 10. He was issued an appearance ticket.

Samantha E. Hosmer, 34, of Medina, is charged with bail jumping 3rd. Hosmer was arrested on a warrant out of City Court and released on her own recognizance.

Kenneth T. Marrocco, 29, of Batavia, is charged with obstructing governmental administration, criminal mischief 4th, and resisting arrest. Marrocco is accused of breaking the glass of a window of a storm door while attempting to force entry into a residence on Montclaire Avenue, Batavia.  When police arrived, Marrocco is accused of resisting arrest and allegedly kicking a Batavia police officer in the face.  He was arraigned in City Court and issued a stay-away order of protection along with an appearance ticket.

Michael J. Hilton, 30, no permanent address, is charged with petit larceny. Hilton is accused of shoplifting from a local business at 5:55 p.m., Dec. 7. He was issued an appearance ticket. He was held in the Genesee County Jail on an unrelated warrant issued by NYS Parole.

Joseph D. Turner, 39, of Albion, was arrested on a bench warrant for alleged failure to appear at 3:30 p.m., Dec. 15 by Albion PD and turned over to Batavia PD. Turner accepted a plea agreement to dispose of the case.

Kay E. Dilker, 31, of Albion, was arrested on a bench warrant for alleged failure to appear at 4:15 p.m., Dec. 14, by Albion PD and turned over to Batavia PD. She was arraigned in City Court and released on her own recognizance.

Jason Patrick Wickson, 40, of Ellicott Street Road, Pavilion, is charged with two counts of endangering the welfare of a child. At 10:21 p.m., Dec. 8, medics were dispatched to a residence in Pavilion on the report of a patient suffering a possible stroke. Upon arrival, Pavilion medics and Mercy EMS personal found Wickson suffering a possible overdose from narcotic use. Wickson is accused of using a narcotic in the presence of two children.  He was transported to UMMC for medical treatment. Once released from care, Wickson turned himself in the Genesee County Jail for processing and was released on an appearance ticket.

Scot J. Hinze, 35, of Batavia, is charged with felony DWI. Hinze was stopped on Dec. 17 by State Police in Alden for alleged failure to keep right. He allegedly failed a field sobriety test and was processed at SP Clearance where he was allegedly found to have a BAC of .16. Hinze was issued an appearance ticket.

Penny L. Mase, 65, of East Bethany, is charged with DWI and driving with a BAC of .08 or greater. mase was stopped at 10:31 p.m., Dec. 18, in East Bethany by State Police. She was issued an appearance ticket.

North Darien Bible Church- Candlelight Christmas Eve service at 6:30 p.m.

St. Maximilian Kolbe Parish, Christmas Eve 12/24
East Pembroke Site 4 p.m. - in the Hall. Corfu Site Midnight - Church. Christmas Day 12/25, Corfu Site 8:30 a.m. - Church, East Pembroke Site 11a.m. - Church 

Oakfield-Alabama Baptist Church- Christmas Eve Service on 12/24 at 7:00 p.m.

St. Paul's Episcopal Church, Stafford- Christmas Eve on 12/245:00 p.m. Lessons & Carols

St. Mark's Episcopal Church, LeRoy- Christmas Eve on 12/24 at 7:00 p.m. Family Oriented Candlelight Holy Communion Service

Indian Falls United Methodist Church- Christmas Eve Candlelight Service on 12/24 at 7 p.m.

East Bethany Presbyterian Church- Christmas Eve Candlelight Service on 12/24  at 7 p.m.

Everpresent Church- Christmas Eve Candlelight Service on 12/23  service at 7 p.m.

Emmanuel Baptist Church- Pajama Christmas Eve Service on 12/24 at 7p.m. @ 190 Oak St.

Please send updates to olivia@thebatavian.com

Press release:

The City of Batavia Water Dept. is on location of a water main break in front of Save-A-Lot on Ellicott Street

The water will be turned off on Ellicott from Jackson to Main Street and Part of Evans.

The road will not be closed traffic while repairs are being made

We appreciate your understanding while this repair is made. City crews will make every attempt to restore water as soon as possible.

The Owen Library, a redesigned room containing art books, a white baby grand piano, a fireplace, seating, and table games, was dedicated at GO Art! in Seymour Place in Batavia on Friday night.

The library honors the family of Jim Owen, himself not an artist but from a family of people who pursued the arts in various ways.

"It totally made sense to dedicate this library in memory of the Owen family," said Gregory Hallock, director of Genesee Orleans Arts Council.

Frank Owen, the family patriarch, was a musician, conductor, and music instructor at Batavia High School. His wife, Natalie Walker Owen, was president of the Richmond Memorial Library Board of Trustees.  Kathy Owen, daughter of Frank and Natalie and sister of Jim Owen, was a photographer, and Robert Owen, also a sibling, was an author and actor (as well as, like Jim, an athlete).

"My parents, my sister, and my brother say thank you from heaven and I thank you from earth," said Jim Owen during his remarks.

Gregory Hallock reads a letter from a former typing student of Jim Owen in Hamburg, Gov. Kathy Hochul.

Proclamations were presented by members of the City Council (Eugene Jankowski and Bob Bialkowski) above, as well as the County Legislature (Marianne Clattenburg, John Deleo, and Gary Maha (not pictured) and Assemblyman Steve Hawley (not pictured).

Press Release:

   The condition of buildings and land in the City of Batavia plays a vital role in the quality of life enjoyed by the City's residents, merchants and visitors. Enforcement of the Municipal Property and Zoning Codes ensures that each property meets required standards. The Municipal Property and Zoning Codes protect the health, safety and welfare of those who live, work and visit the City, and conserves the value of the property and neighboring properties. It also conserves the value of the property and neighboring properties.

   The City of Batavia has a total of 4,460 residential structures, 514 commercial structures, and 34 Industrial structures. The condition and maintenance of these existing structures as well as the safe and code compliant construction of new buildings plays a vital role in the success of our businesses and City.  In order to preserve these structure and enhance neighborhoods, the Bureau of Inspection conducts property and building code inspections and code enforcement activity.

  “It is important that residents understand the role inspections plays here in Batavia, “ said Jill Wiedrick, Assistant City Manager. “Residents in Batavia seek a high quality of life in an aesthetically pleasing environment and are affected by what they see when they open their door every day. The Bureau of Inspection’s mission is to ensure a City where all residents have a clean, safe environment to live, work and play.”

  The goal of the Bureau of Inspection is to achieve timely voluntary compliance of code violations. Code Enforcement Officers balance the goal of gaining voluntary compliance with ensuring the health and safety of our residents. They attempt to minimize the negative impact violations such as peeling paint, missing roof shingles, vehicles parked on lawns, trash, debris, and high grass have on neighborhoods.

Code Enforcement Officers follow a scripted process when inspecting structures and enforcing the Code.

Step One: Inspection:

An inspection is conducted by a Code Enforcement Officer on the basis of a complaint, neighborhood survey, or a referral.  The primary focus of these inspections are on health, safety and removal of blight.  If violations are present, a Notice and Order citation is issued to the owner requiring correction.

Step Two: Re-inspection:

The Code Enforcement Officer re-inspects a cited property.  If the owner does not comply with the Notice and Order citation, the case will be prepared for the court process.