batavia

Photos and information from reader Roberta White:

This dog was in a truck in the Walmart parking lot in Batavia for 20-25 minutes minimum before dispatch was contacted and law enforcment officers arrived at about 2 p.m.

An animal control officer said the dog was definitely uncomfortable. She said if it was an older dog, it would have been in serious trouble.

She also said it was her third call to Walmart today. She's had made four or five trips in Genesee County today for dogs locked inside hot vehicles.

The truck owner was paged in the store while officers tried to unlock the vehicle. Surface temperature inside was 102 degrees. It's 80 degrees outside.

John Schnitter, of Geneseo, with a time of 16:32, won the GLOW Corporate Cup 5K in Batavia on Thursday.

Kimberly Tomasik, of Orchard Park, was the top female with a time of 18:36 and a fourth overall finish.

In second place, William Buckenmeyer, of Batavia, with a time of 17:40. In third place, and first in the 18-29 division, Collin Mulcahy, of Batavia, with a time of 18:07.

The second- and third-place women were Liz Bender, of North Chili, 19:04, and Kimberly Mills, of Oakfield, 19:38.

For full race results, click here.

Press release:

The Genesee County Economic Development Center (GCEDC) approved incentives for Graham Manufacturing at the board’s Aug. 1st meeting. The GCEDC board also accepted an application for incentives from Wendt Propane.

Graham Manufacturing is investing $1.075 million for capital improvements to expand various properties at its campus in the City of Batavia. The company will renovate an existing 8,000 square feet of buildings, including an expansion and renovation of its 4,000-square-foot welding school to meet market demand for welders.

An existing 4,000-square-foot manufacturing building also will be repurposed and the company will build a new 5,000-square-foot warehouse for storage needs. A supplemental application from Graham Manufacturing was accepted at the meeting, with a public hearing to be held.

“Graham Manufacturing has a very long history in our community and once again the company is demonstrating its commitment to our community by making capital investments in its infrastructure,” said GCEDC Board Chair Paul Battaglia. “When companies are making these types of investments, it means they intend to stay and grow which is always a positive sign.”

Wendt Propane, based in Sanborn in Niagara County, is seeking sales, mortgage and property tax exemptions of approximately $125,000 to build a new 9,600-square-foot facility in the Town of Le Roy.

The $1.3 million project consists of $800,000 is construction costs, $410,000 is equipment costs, and $90,000 in real estate costs. Construction of the new facility would result in the creation of four new jobs.

A flower box fire is reported at 335 Northside Meadows, Batavia.

City fire responding.

A 32-year-old Batavia man went into County Court today facing a certain prison sentence for menacing a police officer with a BB gun but left with a second chance.

The attorney for Brandon Fogg told Judge Charles Zambito that his client had secured a bed-to-bed substance abuse treatment program and asked that he be allowed to enter the program Friday morning for 21 days of treatment. 

Expressing a bit of reluctance, the judge agreed to let Fogg enter treatment, with his mother providing transportation from the Genesee County Jail to the Bradford Regional Medical Center for treatment.

"I'll give you an opportunity to convince me that I shouldn't send you to prison," Zambito said. "That doesn't mean you won't do further jail time and time on probation."

Absent a chance at treatment, Fogg could have reasonably expected to be sent to prison today for one and a half to four years.

"One of the conditions is that you stay in bed-to-bed treatment and follow any recommendations of the program," Zambito said. "If you violate any of the terms of the program you will be brought back here and sentenced and you will be going to prison."

Batavia police officers encountered Fogg on Cedar Street in early June after he trespassed at a location on Ellicott Street. Due to an illegal tire on Fogg’s vehicle as he drove away from the location, officers initiated a traffic stop.

According to police, Fogg attempted to flee the vehicle, but he was taken to the ground by Officer Darryle Streeter. Fogg then removed from his pocket what appeared to be a handgun during the struggle between himself and Streeter.  

An employee of a nearby business came to the aid of Streeter by stepping on Fogg’s wrist, which caused him to drop the BB gun from his grasp. Streeter took Fogg into custody shortly afterward.

Fogg's next scheduled court appearance is Aug. 26 when Zambito will decide whether a prison term is still appropriate or if he should receive less time in the local jail.

A former high school basketball star who got caught with a gun outside the county manager's home on Washington Avenue in November is being released from jail before being sent to prison so he can be at the hospital later this month for the birth of his child.

Judge Charles Zambito granted the unusual request because he promised TeeSean Ayala, 19, the opportunity to be around for the birth of his baby if he cooperated with prosecutors. Today Zambito acknowledge that Ayala kept his promise.

"I'm doing all of this because you did cooperate," Zambito said. "That's part of the bargain."

In May, Ayala entered a guilty plea to a charge of criminal possession 2nd, which carries a mandatory prison sentence with a maximum possible term of 15 years.

The plea also satisfied several charges related to local burglaries.

"If you flee, you will eventually be caught and then you're going to be sentenced to the 15 years," Zambito told Ayala. "If you commit any crimes while you're out, you will be sentenced to 15 years and face enhanced sentencing on those charges."

Ayala said he understood.

When the case was first called a little after 1:30 p.m., there was some discussion between Zambito and the attorneys about whether to adjourn the sentencing of Ayala. Ayala's attorney Richard Shaw started whispering to Ayala and at one point, Ayala became visibly emotional and said loudly, "but it's my first one."  

Shaw continued whispering to Ayala and Zambito asked if he and his client needed to discuss the matter privately. They did so Zambito ordered the case recalled later in the afternoon.

When Ayala came back into court, Zambito said he had been reminded of the promise to allow Ayala to be present for the birth of his child if he kept up his end of the bargain.

Zambito said Ayala isn't to leave his residence for any reason other than going to court or to go to the hospital for the delivery of his child when his fiancée goes into labor.

Ayala is allowed to have visitors but cannot be in contact with Malik Ayala, his brother who is a co-defendant.

Sentencing on the weapon charge is scheduled for 9:30 a.m., Aug. 21.

Batavia-born, Buffalo music scene legend Michael DiSanto was hospitalized July 22 after suffering a stroke.

He will require rehabilitation after losing the use of the left side of his body.

You can read more about DiSanto's health and how the Buffalo music community is responding in the Buffalo News.

Here's a GoFundMe page to assist Michael.

Top photo is one of I took of Michael on St. Patrick's Day 2014 at Center Street. The next photo is from the Ramble in 2013, which is the first time I saw him perform and was amazed by his talent. Below are also the three songs we recorded live with him on the third floor of Eli Fish for The Batavian Sessions. If you watch nothing else today, watch his cover of "Little Red Corvette."

Paul Ralph Avino, 46, of Ellicott Street, Batavia, is charged with: disorderly conduct; obstruction; resisting arrest; criminal impersonation of police officer in the first degree; and obstruction of governmental administration. Following a complaint at Six Flags Darien Lake at 7:31 p.m. on July 31, Avino was arrested. He was allegedly swearing in a public place; and he allegedly resisted arrest and obstructed governmental administration. He is accused of possessing a police badge and he is not a police officer. Avino was released on an appearance ticket and he is due in Darien Town Court on Sept. 3 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Morgan Ashlee Brown, 25, of Wyoming Road, Wyoming, is charged with third-degree assault. At 9:39 p.m. on July 31, Brown was arrested following the investigation of a domestic incident that occurred on July 25 on Ellicott Street Road in Pavilion. Brown was issued an appearance ticket and is due in Pavilion Town Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Brittany M. Smith, 27, of Pringle Avenue, Batavia, is charged with second-degree harassment -- making physical threats. She was arrested at 9:26 a.m. on July 29 after allegedly threatening to assault Department of Social Services case workers during a child house visit. She was released on an appearance ticket for Batavia City Court Aug. 6. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Miah Stevens.

Penny B. Hargrave, 52, of Morrow Road, Pavilion, is charged with: driving while intoxicated; failure to keep right; moving from lane unsafely; leaving the scene of a motor-vehicle accident; and refusal to take a breath test. At 11:11 p.m. on July 30 on Ellicott Street Road, Pavilion, Hargrave was arrested, arraigned in Pavilion Town Court and directed to return to court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy James Stack.

Duane K. Miller, 54, of Linwood Avenue, Warsaw, is charged with obstruction of governmental administration and illegal use of toxic vapors. Miller was arrested at 3:25 p.m. July 29 on West Main Street in Batavia. He was allegedly located huffing from an aersol can and refused commands to stop the behavior while being taken into custody. He was arraigned in Batavia City Court and jailed in lieu of unspecified bail. He was due to return to court today (Aug. 1). The case was handled by Batavia Police Officer Christopher Lindsay.

Kyle L. Humphres, 33, of Rockefeller Road, Phelps, is charged with second-degree criminal contempt. On July 31 he responded to Batavia Police Department and turned himself in on a warrant stemming from an unspecified incident on Willow Street in Batavia on Feb. 22. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in city court on Aug. 22. The case was handled by Batavia Police Officer Felicia DeGroot.

Christian Saez, 30, of Copeland Street, Rochester, is charged with petit larceny. He was arrested at 11:46 a.m. on July 12 after allegedly attempting to steal seafood from a grocery store. He was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post.

Hector M. Arroyo, 44, of Mustang Circle, Geneseo, is charged with petit larceny. At 6:36 p.m. on July 29, Arroyo was arrested on East Main Street in Batavia after allegedly shoplifting from a local business. He was jailed in lieu of $1,000 cash or $2,500 bond. He was due to return to Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Jenna Marie Lange, 36, of Mustang Circle, Geneseo, is charged with attempted petit larceny. Lange was arrested after a shoplifting incident at a store on East Main Street Road in Batavia at 6:36 p.m. on July 29. She was issued an appearance ticket and was due in Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Shawntoy L. Pryor, 33, of Stockbridge Avenue, Buffalo, is charged with trespass. The defendant was arrested after allegedly trespassing on private property at 11:50 a.m. on July 12 on East Main Street in Batavia. He responded to Batavia Police Department headquarters and was issued an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Marc Lawrence.

The business community is invited to celebrate the 60th anniversary of the Harvester Center in Batavia, the world's first business incubator.

In partnership with Start-Up Genesee, which is the networking event coordinator, and the Genesee County Chamber of Commerce, the anniversary celebration will take place from 4 to 6 p.m. on Thursday, Aug. 15. The address is 22 Masse Place.

These organizations are thrilled to have such a unique and forward-thinking facility in our county.

Catering will be provided by D & R Depot Restaurant.

There is no cost to attend, but registration is required.

Click here to find out more and click the button on the right side of the page to register. Or call 343-2800.

Press release:

For the second year in a row, Batavia will be honored with an inductee to the New York Penn League Hall of Fame.

The 2019 class features Batavia's Gene Baker, who was not only an outstanding player and manager, but a pioneer in breaking the color barrier in Minor and Major League Baseball.

Baker will be joined in the NYPL Hall of Fame with Jane Rogers, Josiah Viera and Bernie Williams.

The purpose of the New York‐Penn League Hall of Fame is to recognize individuals for their overall accomplishments and contributions to the league, on the field of play or in an administrative role, in addition to their overall career in baseball.

“As the oldest, continuously operated Class-A league in professional baseball, the list of players, coaches, field managers, general managers, and owners reads like a Who’s Who of Baseball,” said Ben Hayes, president of the New York‐Penn League. “We are proud to induct another class of extraordinary nominees.”

The following individuals comprise the New York‐Penn League’s 2019 Hall of Fame Class:

GENE BAKER

A man of firsts, Baker played a significant role in the history of the New York-Penn League and baseball in general when he broke the managerial color barrier by becoming the first African-American manager in organized baseball when the Pittsburgh Pirates named him skipper of the Batavia club in 1961.

In 1963, he became the second black coach in the major leagues following Buck O’Neill by a half season. He can also be credited with being the first black manager in Major League Baseball when he took over for ejected Pirates Manager Danny Murtaugh on Sept. 21, 1963.

After his coaching days, Baker spent many years as a scout for the Pirates' organization. He spent eight seasons in the majors with the Cubs and Pirates and was the first African-American player to ever make the Chicago Cubs' roster in 1953.

JANE ROGERS

As the first person hired by the Staten Island Yankees in 1999, Jane Rogers has been with the club for the entirety of its 20-year history in New York City.

Originally hired as the organization’s office manager, Rogers has progressed through various roles, including that of general manager, and her current position as senior vice-president, Baseball Operations.

Her tireless efforts leading the organization, and in particular the club’s relationship with the New York Yankees, have led to strong relationships with players and front office administrators alike. Rogers’ personality, generosity and kindness have led to her holding a special place in the hearts of many present Major League superstars.

During the three months that followed the tragic events of Sept. 11, 2001, Rogers was responsible for managing Richmond County Bank Ballpark’s operations, which included a 24-hour/7-day-a-week distribution center for NYFD, NYPD and other city agencies that used the ballpark for a staging area.

Over the past two decades, she has mentored and led countless former SI Yankees employees, who have gone on to become executives throughout organized baseball. In addition, Rogers has been an important contributor to the Staten Island community and the New York-Penn League as a whole.

JOSIAH VIERA

Josiah captured the hearts of baseball fans around the country during his life, but it was in the New York-Penn League, with the State College Spikes, that his impact was most directly felt.

Josiah was born with Hutchinson-Guilford progeria, a rapid aging condition. His joyous spirit and enthusiasm was a source of inspiration for players, coaches, staff and fans. During his time as the Spikes' honorary bench coach, Josiah helped propel the club to three Pinckney Division titles and New York-Penn League championships in 2014 and 2016.

Just like all of the other coaches, Josiah gave instructions, encouraged players and exhorted them with his life’s motto, “Never Give Up.”

His presence created an unforgettable moment at the 2019 NYPL All-Star Game, held at his home field, in State College, Pa. As he made the final pitching change of the game, he left the field to a standing ovation from both teams and every fan in attendance.

Late in 2019, Josiah passed away at the age of 14. While he is greatly missed by every member of the Spikes and the New York-Penn League family, Josiah's spirit remains as a shining example of determination and perseverance in the game of baseball and the game of life.

BERNIE WILLIAMS

Williams hit .344 as a member of the 1987 Oneonta Yankees playing in 25 games before a promotion to Ft. Lauderdale, Fla. He made his Major League debut with the N.Y. Yankees on July 7, 1991 and would go on to play his entire 16-year MLB career in pinstripes. In his 16 seasons, he collected 2,336 hits, 449 doubles, 287 HR and 1,257 RBI to go along with a lifetime batting average of .297. He is a four-time World Series champion and the all-time leader in postseason RBI with 80. He also ranks second all-time in postseason HR (22), hits (128), doubles (29), total bases (223), and runs (83).

A five-time All-Star and four-time Gold Glove winner, Williams won the 1996 ALCS MVP, 2002 Silver Slugger and 1998 AL Batting Title. He joined Yankee immortals by having his number 51 retired in 2015.

The New York‐Penn League Hall of Fame was established in 2012. Inductees are nominated and voted on by New York-Penn League club officials.

Inductions are scheduled to take place on Aug. 21, during pregame ceremonies at the 2019 New York‐Penn League All‐Star Game at Richmond County Bank Ballpark, home of the Staten Island Yankees.

Last year, the late Wayne Fuller was joined in the Hall of Fame with Marvin Goldklang and Andres Galarraga.

Fuller's voice was a constant in Batavia, the birthplace of the New York-Penn League. For almost four decades Wayne served various roles for his hometown team including radio broadcaster, PA announcer and official scorer from his spot in the Batavia press box which was named the Wayne H. Fuller Press Box in 2009.

Press release:

The Tri-City ValleyCats kept J.D. Orr hitless on Tuesday night, a rain-shortened 1-0 Batavia Muckdogs win. It snapped a 10-game hitting streak for Orr.

Wednesday night, Orr made the ValleyCats pay. With one out in the ninth inning and Batavia trailing, 5-4, Orr laced a two-RBI single to left and the Muckdogs held on to win, 6-5.

It is the third straight win for the first-place Muckdogs, who are 27-18. The Muckdogs had a lot of help as the three teams chasing Batavia for first place in the New York-Penn League Pinckney Division all lost on Wednesday.

West Virginia (22-21) now trails Batavia by four games, Mahoning Vally trails by five along with State College, Pa., and Auburn. The only team to win on Wednesday in the Division was 15-29 Williamsport.

Batavia Manager Tom Lawless used five pitchers in the victory, but the last one he turned to was closer Evan Brabrand, who pitched a perfect ninth with a strikeout. Brabrand, a ninth-round draft pick of the Miami Marlins, picked up his ninth save of the season. In 11 appearances he has the nine saves, a 2-1 record and in 10.1 innings has struck out 15.

Orr, a left-handed outfielder who was drafted in the 10th round this year by the Marlins out of Wright State in Dayton, Ohio, hit third in the lineup Wednesday and went 2-for-4 with three RBIs, a run and a walk. Orr, who has 20 stolen bases on the season, is hitting .368.

Batavia had a lead in the sixth when newest Muckdog Julian Infante belted a two-run home run to left field for a 3-2 lead. C.J. Stubbs hit his fifth home run of the season in the bottom of the eighth for Tri City and Batavia was down to their last three outs.

However, Orr's single brought in Milton Smith II and Jack Strunc.

Strunc (run), catcher Andres Storms (double, run) and Rosario all had hits.

Geremy Galindez improved to 3-0 on the season with the win, as he pitched the eighth. Julio Frias started and went five innings, striking out five, allowing one walk and two runs. Brock Love, a 34th-round pick out of Alabama came in a tough situation and went 1.1 innings, pitching perfect baseball with two strikeouts. Love has a 0.00 ERA this season for the Muckdogs in five appearances and 6.2 innings.

Batavia is at Tri-City Thursday then returns home to Batavia on Friday to play the Connecticut Tigers. Check muckdogs.com for a new ticket special for Friday's game, a family four-pack of tickets is just $20. The game is at 7:05 p.m.

Press release:

The GLOW Corporate Cup is tonight starting at 6 o'clock in Centennial Park. The 5K race will be traversing through several streets in the northeast section of the city.

Temporary road closures are expected on Richmond Avenue and Ellicott Avenue, along with other streets in the northeast area. Vehicular traffic should expect delays.

If possible, vehicles should avoid the area between 5:30 - 6:30 p.m. and be cognisant of the runners, who will be using city streets.

A map of the racecourse and further information about the event can be found at http://www.glowcorporatecup.org/

A car has reportedly hit a bicyclist in the area of 8020 Bank Street Road, Batavia.

Minor injuries reported.

Town of Batavia fire dispatched along with Mercy EMS.

UPDATE 7:33 p.m. Town of Batavia fire is back in service.

Volunteers from City Church and the national outreach program Eight Days of Hope went to two homes in Batavia -- one on Warren Street, the other on Cherry -- and made numerous repairs to the structures, at no charge, for the residents. City Church identified the homeowners who could use the assistance.

Commonly Asked Workers’ Compensation Questions:
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 Worker's Compensation Law or to contact Dolce Panepinto: click here.

Defense and prosecution attorneys delivered closing statements in a last attempt to persuade jurors to adopt their interpretations of the evidence from the July 24, 2018, murder of Raymond L. Morgan in his 111 Liberty St., Batavia, home.

After five days of the trial and three hours of deliberations, Richard D. Hanes was convicted of murder in the second degree this afternoon. The jury returned a unanimous guilty verdict to a suspense-filled courtroom packed with family members, legal counsel and law enforcement personnel.