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Accident reported in front of the Post Office in Batavia

By Howard B. Owens

A motor-vehicle accident is reported on Main Street at Ellicott Street, in front of the Post Office.

A woman has a head laceration.

Three children are involved.

A second ambulance is requested to the scene.

City fire and Mercy EMS dispatched.

Area residents honor Ginsburg with candlelight vigil at Old Courthouse

By Howard B. Owens

Justice Ruth Bader Ginsburg was remembered and celebrated by area residents outside the Old Courthouse in Batavia on Tuesday evening as not only a champion of equal rights for women but for her fervent support for equal rights for all people.

Among the speakers, Millie Tomidy-Pepper, director of the YWCA, who celebrated Ginsburg's legacy as a fierce fighter for equality rights and justice.

"Time and time again," Tomidy-Pepper said, "each one of us here tonight has undeniably reaped the benefits of her actions."

Amy Martoche, a candidate for New York's Supreme Court, called Ginsburg an inspiration and that throughout her career, she's known that each day she goes to work, she is standing on the shoulders of Ginsburg.

"She was small in stature but a giant in every other way," Martoche said. "She had the brains and power to help those of us without power."

Grand Jury: Man accused possessing cocaine with intent to sell

By Billie Owens

Akeem R. Gibson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 29 in the City of Batavia that Gibson possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that on that day he knowingly possessed one or more preparations, compounds, mixtures or substances with an aggregate weight of 1/8th ounce or more. In count three, Gibson is accused of aggravated unlicensed operation of a motor vehicle in the third degree, a misdemeanor. It is alleged in count three that on that day Gibson drove a 2005 Chrysler on Ellicott Street while his driver's license was suspended by authorities.

Stephen M. Esposito is indicted for the crime of aggravated vehicular assault, a Class C felony. It is alleged that on Feb. 7 on Route 98 in the Town of Batavia that Esposito engaged in reckless driving and caused serious physical injury to another person. He is accused of driving a 1999 Ford F250 Supercab truck while his ability to do so was impaired by use of a drug and that he operated the vehicle in a manner that caused serious physical injury to a person. In count two, he is accused of driving while ability impaired by drugs, a Class E felony, for driving that day while his ability to do so was impaired by drugs. In Special Information filed by the District Attorney, Esposito is accused of having been convicted of the crime of driving while ability impaired by drugs on March 10, 2016 in Town of Stafford Court and that conviction is within 10 years of crimes alleged in the current indictment.

Patrick O. Spikes is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Dec. 24 that Spikes knowingly entered or remained unlawfully in a building in the first block of Porter Avenue in the City of Batavia with intent to commit a crime. In count two, he is accused of first-degree criminal contempt, a Class E felony. It is alleged in count two that on that day he violated of an order of protection, that he acted with intent to harass, annoy, threaten or alarm the protected person, and subjected that person to physical contact or threatened to do so. In count three, Spikes is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count three that on that day, he applied pressure to the throat or neck of the protected person with the intent to impede normal breathing or blood circulation.

Edward C. Simmons is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Sept. 16, 2019, that Simmons knowingly entered or remained unlawfully in a building with intent to commit a crime. The building was a dwelling in the 2600 block of East Shelby Road in the Town of Oakfield.

Kyle A. Scheuerlein is indicted for the crime of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged that on March 8 in the City of Batavia, Scheuerlein impeded the breathing or blood circulation of another person by applying pressure on that person's throat or neck. In count two, he is accused of second-degree assault, a Class D violent felony. It is alleged that on that day, with intent to cause physical injury to a person, that he cause such injury with a dustpan with a long handle. In count three, he is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count three that on that day he possessed a dangerous instrument -- a dustpan with long handle -- with intent to use it unlawfully against another person. In Special Information filed by the District Attorney, Scheuerlein is accused of having been convicted in in the Circuit Court of the 18th Judicial District, in Du Page County, Ill.: of: (1.) theft of stolen property with intent to deprive, a Class A misdemeanor, Aug. 2, 2011; (2.) theft -- unauthorized control with intent not exceeding $300, a Class A misdemeanor, Aug. 2, 2011; (3.) burglary, a Class 2 felony, on Aug. 2, 2011; (4.) retail theft, possessing displayed merchandise not exceeding $300, a Class A misdemeanor, Feb. 10, 2012; (5.) theft -- unauthorized control with intent to benefit between $500 and $10,000, a Class 3 felony, Feb. 10, 2012; (6.) consumption of alcohol by any person under age 21, a Class A misdemeanor, Feb. 17, 2012; (7.) retail theft -- possession of displayed merchandise, a Class A misdemeanor, June 25, 2013; (8.) retail theft -- possession of displayed merchandise not exceeding $300, a Class A misdemeanor, on June 25, 2013. These convictions form the basis for count three in the current indictment.

Eric J. McGill is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count one that on Nov. 5 in the area of Hutchins Place in the City of Batavia that McGill possessed a dangerous instrument -- a bat, with intent to use it unlawfully against a person. In count two, McGill is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that date he intentionally placed or attempted to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a bat. In count three, McGill is accused of criminal possession of a weapon in the third degree. In count three, it is alleged that on April 12 in the same area, he possessed a billy (an expandable baton). In count four, he is accused of the same crime as in count one, for allegedly possessing an electronic stun gun April 12 in the same area. In count five, he is accused of the same crime as count one, for allegedly possessing a billy on May 2 in the same area. In count six, McGill is accused of the same crime as in count one, for allegedly possession a billy in the same area on June 18. In count seven, the defendant is accused of criminal possession of a weapon in the second degree, a Class D felony, for allegedly possessing a billy on June 18, with intent to use it against another person. In count eight, McGill is accused of the same crime as in count one, for allegedly possessing an electronic stun gun June 18 in the same area. In count nine, McGill is accused of a second count of second-degree criminal possession of a weapon, for allegedly possessing an electronic stun gun June 18 in the same area with intent to use it against a person unlawfully. In Special Information filed by the District Attorney, McGill is accused of having been convicted: on Nov. 10, 2008, in Orleans County Court of attempted making a terroristic threat, a Class E felony; on Sept. 7, 2017, in Town of Shelby Court, of third-degree menacing, a Class B misdemeanor; and on June 13, 2018, in Town of Albion Court, of attempted petit larceny, a Class B misdemeanor. The convictions form the basis for all counts in the current indictment except count two.

Laura Vazquez Coronado is indicted for the crime of driving while intoxicated as a Class D felony. It is alleged that on May 13 in the Town of Byron that Coronado drove a 2009 Chevrolet Cobalt on Griswold Road while she was intoxicated. In count two, Coronado is accused of DWI, per se, as a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, she is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, for allegedly knowing at the time that her driver's license was suspended or revoked by authorities and she was driving while allegedly under the influence of alcohol or a drug. In Special Information filed by the District Attorney, Coronado is accused of having been convicted of DWI, as a misdemeanor, on July 25, 2018 in Town of Elba Court, and of the same crime Nov. 28, 2018 in Town of Elba Court. The convictions form the basis for count three of the current indictment.

Samantha G. Reff is indicted for the crime of aggravated driving while ability impaired by drugs, a Class E felony. It is alleged that on Dec. 3 on Route 5 and Kelsey Road in the Town of Batavia that Reff drove a 2006 black Pontiac Torrent while her ability to do so was impaired by use of a drug and that she did so while a child age 15 or less was a passenger. In count two, Reff is accused of aggravated driving while her ability was impaired by drugs, a Class E felony, and while a second child age 15 or less was a passenger. In count three, Reff is accused of endangering the welfare of a child, a Class a misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17. In count four, she is accused of the same crime as in count three because a second child less than 17 was involved. In count five, Reff is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly knowingly possessing buprenorphine and naloxone. In count six, she is accused of the same crime as in count six for allegedly knowingly possessing alprazolam.

Derrick R. Kio is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Feb. 21 in the Village of Le Roy that Kio intentionally disobeyed or resisted a stay away order of protection. In count two, he is accused of aggravated unlicensed operation in the second degree, an unclassified misdemeanor. It is alleged in count two that on that day Kio operated a vehicle in the Village of Le Roy while his driver's license was suspended or revoked by authorities. It is further alleged that at the time, he had three or more suspensions imposed on three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the District Attorney, Kio is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Dec. 19 and that conviction was within five years of the crime alleged in the current indictment.

John M. Tullar is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on March 3 in the Town of Bergen that Tullar operated a 2010 Ford on Route 33 while he was intoxicated. In count two, Tullar is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 percent or more at the time. In Special Information filed by the District Attorney, Tullar is accused of having been convicted of DWI, as a misdemeanor, on Nov. 23, 2010 in the Town of Ogden Court, Monroe County, and that conviction was within 10 years of the crimes alleged in the current indictment.

City Center open house held to collect community input on future of mall

By Howard B. Owens
Video Sponsor
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Consultant Ed Flynn led a City Centre Feasibility Study open house last night, which was an opportunity for community members to weigh in on the future of the mall.

Halloween ghost walk at Historic Batavia Cemetery cancelled due to coronavirus and damaged trees

By Press Release

Top photo taken in January.

Submitted photos and press release from the Batavia Cemetery Association:

With heavy hearts and out of an abundance of caution, the Batavia Cemetery Association Board of Directors decided to cancel the annual Halloween Candlelight Ghostwalk for Oct. 24.

After much discussion, the board felt the safety of the reenactors and the public could not be guaranteed during the coronavirus pandemic when people must stand so closely together to hear the presentations. 

This is a financial blow, as the ghost walk is a major yearly fundraiser for the upkeep of the cemetery. 2020 has been a difficult year for everyone, and the cemetery has suffered great losses as well.

One of the oldest maple trees in the cemetery, and probably in Batavia, was felled by winds in January. It is reckoned the tree was approximately 200 years old. During the same storm, a large branch came down from another maple in front of the Ellicott Monument and that tree needs to be removed.

Several headstones were damaged and need repairing.

Earlier this month, a large maple along the driveway was split in half by high winds and took down two new maple trees on the other side of the driveway that were planted several years ago. It has cost several thousand dollars so far to remove three large trees.

Three other maples that have reached the end of their lives and three ash trees that have been killed by the Emerald ash borer must be removed to prevent further headstone damage. 

The board hopes to remove the dead trees this fall and begin a project next summer to grind out the stumps and replace the stately maples along the driveway. To accomplish this will require community help.

Any donations would be gratefully accepted, and may be made to Batavia Cemetery Association, 22 Fisher Park, Batavia, NY 14020. 

Please come and have some spooky fun in October, 2021 at the next Halloween Candlelight Ghostwalk!

Below, another photo from January.

Below, photo taken this month.

Below, another photo from taken this month.

Sponsored Post: New Listing Alert: 4 Richmond Avenue, Batavia

By Lisa Ace


New Listing Alert: 4 Richmond Ave., Batavia. City Classic -- what's not to love? This home has so much character and charm it makes you want to get comfortable and stay a while. Starting from the minute you pull up, the extra wide concrete drive and you step up on the pretty sitting porch, this home will charm you.

Upon entering you will fall for the gorgeous unpainted woodwork, awesome old hardwood floors, and rooms with sliding pocket doors! Living room and dining rooms both have pretty window seats large enough to curl up on and read a book or just hang out:). Kitchen is large and has plenty of storage.

The staircase is a beauty -- extra wide, which leads to a large upstairs with three big bedrooms and full bath. There is even an awesome old school laundry chute and a full walk-up attic that is super spacious and just a neat area for more storage or could be finished off easily and be an awesome place to hang out!

Basement is also large super clean and bright with another half bath and laundry area. Back yard has cute patio and can be a great space for entertaining!  And if you go for a short walk you are right at Centennial Park or Downtown for shopping and dining or around the corner from Thruway! Love this home!

Click here for more information on this listing or call Reliant Real Estate today! Call 585-344-HOME (4663).

Law and Order: Fisher Park mom accused of leaving two kids under age 5 in upstairs apartment unsupervised

By Billie Owens

Shante M. Griffin, 28, of Fisher Park, Batavia, is charged with two counts of endangering the welfare of a child. At 12:14 a.m. on Sept. 10, Griffin was arrested for allegedly leaving her two children, both under age 5, alone in an upstairs apartment without any adult supervision. She is due in Batavia City Court at 1 p.m. on Dec. 8 to answer the charges. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Kimberly R. Garland, 51, of Culver Avenue, Warsaw, is charged with: grand larceny; first-degree criminal contempt; and second-degree harassment. At 12:15 p.m. on Sept. 17, Batavia police responded to the Super 8 motel on Oak Street for a 9-1-1 hang-up call. Further investigation led the patrol to arrest Garland for allegedly striking a female who has an order of protection against her. It is also alleged that Garland stole the female's phone. She was issued an appearance ticket and is due in Batavia City Court on Dec. 15. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Alec Roberts.

Jason Christopher Mann, 44, of Pringle Avenue, Batavia, is charged with disorderly conduct. Mann was arrested at 9:25 p.m. Sept. 7 after an investigation of multiple disturbances on Hutchins Place in Batavia. He allegedly engaged in "threatening and tumultuous behavior" in the presence of Batavia police and "flicked a cigarette at another person." Mann was issued an appearance ticket and is due in Batavia City Hall on Nov. 10. The case was investigated by Sgt. Dan Coffey, assisted by Officer Samuel Freeman.

Katherine J. Briggs, 41, of South Main Street, Batavia, is charged with second-degree harassment. Briggs was arrested at 12:41 a.m. Sept. 13 after an incident at an apartment complex on South Main Street in Batavia. She allegedly threatened a resident with physical harm. She was released on her own recognizance and is due in Batavia City Court on Nov. 5. The case was handled by Batavia Police Officer Alec Roberts, assisted by Officer Joshua Girvin.

Matthew M. Maniace, 38, of Fargo Road, East Bethany, is charged with second-degree harassment. On Sept. 11, Batavia Police Office Peter Post responded to UMMC where he was issued an appearance ticket to Maniace following an investigation of an incident at 4:14 a.m. on Sept. 9. City police responded to UMMC for a panic alarm and they allegedly found UMMC staff in a physical altercation with Maniace. Police allegedly determined Maniace punched two UMMC staff members. He is due in Batavia City Court on Dec. 1 to answer the charge. Post was assisted by Batavia Police Officer Arick Perkins.

Matthew M. Maniace, 38, of Fargo Road, East Bethany, is charged with second-degree harassment. He was arrested after an incident at 10:13 a.m. Sept. 10 at UMMC. He was issued an appearance ticket for Batavia City Court and is due there Nov. 10. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Kevin DeFelice.

Luis Javier Santiago-Arroyo, 32, of Buell Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 5:18 p.m. on Sept. 10 for allegedly violating an order of protection by standing in front of the residence of the protected party at 12:46 p.m. Sept. 2. He was arraigned in Batavia City Court via Skype and put in jail on $2,000 cash bail, $4,000 bond, or $8,000 partially secured bond with 10-percent down. Santiago-Arroyo is due to return to city court Sept. 22. The case was handled by Batavia Police officers Stephen Cronmiller and Wesley Rissinger, assisted by Officer Adam Tucker.

Trevor Scott Rarick, 25, of West Main Street, Batavia, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated -- first offense; and refusal to take a breath test. Rarick was arrested after a complaint that he was passed out behind the wheel of his car while in the McDonald's restaurant drive-thru on East Main Street in Batavia at 2:36 a.m. on Sept. 13. Rarick was processed at Batavia Police Headquarters, and released on appearance tickets returnable to Batavia City Court on Dec. 13. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jordan McGinnis, Officer Alex Roberts and Sgt. Eric Bolles.

Joseph G. Sumeriski, 28, of South Main Street, Batavia, is charged with bail jumping. He was arrested at 12:50 a.m. Sept. 13 on a Batavia City Court bench warrant following a traffic stop on West Main Street in Batavia. He was released on an appearance ticket and is due to return to city court at a later date (unspecified). The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Wesley Rissinger.

Photo: Picketer with 'Babies Lives Matter' sign at Planned Parenthood

By Howard B. Owens

Dave Twichell carries a sign that reads "Babies Lives Matter" in front of the Planned Parenthood location on West Main Street in Batavia.

Twichell said he has been making frequent protest trips to the location by himself for years.

"I'm out here as much as I can be," Twichell said. "Somebody's got to stick up for those who can't speak for themselves." 

Trio of students complete internships and earn degrees from Canisius College

By Billie Owens

More than 200 Canisius College students recently concluded their summer internship programs, as part of their academic studies.

As defined by the National Association of Colleges and Employers, an internship is a form of experiential learning that integrates knowledge and theory learned in the classroom with practical application and skills development in a professional setting.

The students who participated in and recently completed internship programs are:

Thomas Kubiniec, of Batavia, from the Canisius College Class of 2020. Kubiniec earned a degree in Biology and completed an internship with PEPID.

Hannah Schaber, of Corfu, from the Canisius College Class of 2020. Schaber earned a degree in Animal Behavior, Ecology and Conservation and completed an internship with SPCA Serving Erie County.

Luca Zambito, of Elba, from the Canisius College Class of 2020. Zambito earned a degree in Finance/Economics and completed an internship with Landmark Wealth Management.

At Canisius College, the Griff Center for Student Success supports professional internship programs that focus on quality, engagement and professionalism. The Griff Center works as a liaison with local and national employers to provide students with professional learning experiences outside of the classroom, so that students may apply what they're learning in the classrom and make connections in professional fields they are considering for career paths.

The Griff Center also makes available Handshake, a free portal which students can use to connect to thousands of organizations looking to hire Canisius graduates for positions in Western New York and nationwide. Additionally, the Griff Center plays host to Griff Fair, an annual career and internship event held each spring for students.

One of 27 Jesuit universities in the nation, Canisius is the premier private university in Western New York.

Law and Order: Rochester duo accused of burglarizing two gas stations

By Billie Owens

Jennifer D. Abrams, 29, of Locust Street, Rochester, and Tarus O. Fluitt, 47, of Rochester (address not provided), are both charged with: third-degree burglary, a felony; second-degree criminal mischief, a felony; third-degree attempted burglary, a felony; third-degree criminal mischief, a felony; and two counts each of fifth-degree conspiracy, a misdemeanor. In addition, Fluitt only is also charged with criminal possession of a controlled substance in the seventh degree, a misdemeanor. At 2:12 a.m. on Sept. 16, two suspected allegedly attempted to gain entry to the Kwik Fill gas station at 7010 W. Main Street Road, Le Roy, by throwing large rocks through the glass front door. The suspects then fled the scene after not being able to make entry. At 2:27 p.m., the same two suspects allegedly made entry to the Crosby's gas station at 5267 Clinton Street Road, Batavia, by throwing a large paver stone through the front glass door. The suspects entered the store and were allegedly in the process of stealing about $3,500 worth of cigarettes, when a Genesee County Sheriff's Office patrol arrived to check on the business, and they confronted the two suspects inside the store. The suspects fled out an alternate entrance, and went into a wooded area behind the store. They were apprehended a short time later. It is alleged they caused more than $1,500 in damage while inside the store. They were arraigned in Genesee County Court and jailed in lieu of $10,000 cash bail or $20,000 bond. Fluitt remains in custody and is awaiting arraignment. The Sheriff's Office is continuing to investigate this incident as well as similar incidents that have occurred in recents weeks. The case was investigated by Deputy Nicholas Chamoun, Deputy David Moore, Deputy Ryan Young, Deputy Jordan Alejandro, Investigator Christopher Parker, and Chief Deputy Joseph Graff. They were assisted by members of the NYS Polive Department, Batavia Police Department, Le Roy Police Department, NYS Department of Environmental Conservation, and other members of the Genesee County Sheriff's Office.

Kyle Allen Hawley, 30, of Chili Riga Road, Churchville, is charged with: second-degree burglary; criminal mischief -- intentionally damaging property; and criminal tampering in the third degree. On Sept. 15, members of the Genesee County Probation Department took Hawley into custody on an active, outstanding bench warrant out of Genesee County Court. It stems from an incident reported at 9 p.m. April 20 on South Lake Avenue in Bergen. Hawley was arraigned in county court at 3:05 p.m. and put in jail without bail. Hawley also had an arrest warrant out of Bergen Town Court and he was arrested on that warrant and released on his own recognizance. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

Holland Land Office Museum calls for volunteers

By Press Release

Press release:

Have you ever wondered how Genesee County came to be? What was the Holland Land Purchase? What is a Gibbet? How did Batavia get its name? If any of these questions peak your curiosity among many others, then volunteering at the Holland Land Office might be perfect for you.

The museum is reaching out to anyone with an interest in local history who would like to volunteer. Any amount of time that can be given is welcome, even an hour a week can make a great difference.

Volunteers can work in many different areas, and interests and strengths will be used to the most optimum affect. Areas of need include: cleaning, gift shop, docent/tour guide, documenting of artifacts, exhibits and displays, landscaping, etc.

Volunteer hours would be during the normal hours of operation of the museum are Tuesday through Saturday, 10 a.m. to 4 p.m. 

If you have an interest in volunteering with the Holland Land Office Museum, please contact Director Ryan Duffy at (585) 343-4727 or email: hollandlandoffice@gmail.com

Information can also be found at the museum’s website.

Accident with multiple injuries reported on Batavia Elba Townline Road

By Howard B. Owens

A motor vehicle accident is reported on Batavia Elba Townline Road at Pekin Road.

No serious injuries are reported but a third ambulance is requested to the scene. All remaining Mercy EMS ambulances are tied up so an ambulance from Byron is requested to the scene.

Town of Batavia fire responded to the call.

Law and Order: Hutchins Place man accused of being paid to allow people to sell narcotics from his home

By Billie Owens

Robin Scott Brooks, 58, of Hutchins Place, Batavia is charged with first degree criminal nuisance. Brooks was arrested by the Genesee County Local Drug Task Force and the Batavia Police Department. It is alleged that at noon on June 30 on Hutchins Place that Brooks allowed people to sell narcotics out of his residence. In addition, Brooks allegedly received a benefit (money) from the people selling narcotics from his residence. He was issued a hand-written appearance ticket and is due in Batavia City Court on Tuesday, Sept. 15. The case was handled by Batavia Police Officer James DeFreze.

Janel B. Patterson, 41, of Valle Drive, Batavia, is charged with issuing a bad check -- with knowledge of insufficient funds. Batavia Police Officer Nicole McGinnis arrested Patterson on Sept. 8 on the charge, which stemmed from a fraud complaint on June 12, 2019, at Batavia Restaurant Supply Inc., 301 W. Main St., Batavia. After an investigation by Batavia Police Officer Stephen Quider allegedly found she issued a bad check, Patterson turned herself in on an arrest warrant and was arraigned in Batavia City Court. She is due back in court Oct. 27 to answer the charge.

Joseph W. Freeman, 36, of East Main Street, Batavia, is charged with two counts each of criminal possession of stolen property in the fifth degree and falsifying business records -- making a false entry. Freeman was arrested at 2 p.m. Sept. 10 after an investigation. It is alleged that he possessed property stolen from various stores on Veterans Memorial Drive in the Town of Batavia. Freeman was released with appearance tickets and is due in Batavia City Court Oct. 13. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Eric J. McGill, 37, of West Main Street, Batavia, is charged with criminal possession of a weapon in the third degree. McGill was arrested after an incident at 7:53 p.m. Sept. 2 on Hutchins Street, Batavia, wherein he allegedly possessed an illegal billy (club) -- an expandable baton. He was arraigned in Batavia City Court Sept. 3 and released under supervision of Genesee Justice. He was due back in city court Sept. 5. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Wesley Rissinger.

Brandon T. Tackett, of Batavia, was arrested at 7:17 p.m. Sept. 3 on Miles Road in Bentleyville, Ohio, and charged with possession of a controlled substance in the fifth degree. Tackett and four Ohio residents were located in a parking lot after a report of a suspicious vehicle that had pulled into a driveway. Tackett is accused of possessing crystal methamphetamine. Bentleyville police report also finding in the red 2002 Chevy Malibu sedan a small blue case containing drug paraphernalia -- including a butane torch and a smoking pipe with tube, scales, cash, and prepaid gift cards. Tackett was transported to Bedford Jail.

Mario Alberto Reyes, 48, of Groth Road, Holley, is charged with: two counts of driving while intoxicated; operating a motor vehicle without a license; and moving from lane unsafely. At 12:45 a.m. on Sept. 13 on Clinton Street Road in Stafford, Reyes was arrested after a traffic stop. He was released with appearance tickets and is due in Stafford Town Court on Oct. 6. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Austin Heberlein.

Ralph Andrew Burdick Sr., 63, of Kysorville-Byersville Road, Nunda, is charged with criminal possession of a controlled substance in the seventh degree. He was arrested at 5:09 p.m. Sept. 11 on Veterans Memorial Drive in Batavia for allegedly possessing a bottle of pills inside his vehicle without having a prescription for them. Burdick was issued an appearance ticket for Town of Batavia Court and is due there Oct. 22. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Sgt. Andrew Hale.

Quentin I. Bloom, 22, of North Spruce Street, Batavia, is charged with second-degree criminal contempt. Bloom was arrested Sept. 9 following an investigation into an incident that occurred at 3:34 a.m. on Aug. 23. He allegedly contacted a protected party who had an order of protection from him. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. The case was handled by Batavia Police Officer Stephen Cronmiller.

Hezekiah N. Burch, 18, of Oak Street, Batavia, is charged with second degree criminal contempt for allegedly disobeying a court order. On Sept. 7, Batavia Police Officer Peter Post arrested Burch after an investigation of an allegation that Burch had contact with a person on Hutchins Place, Batavia, who had an order of protection against him. Burch was issued an appearance ticket for Nov. 11 in Batavia City Court. Post was assisted by Sgt. Dan Coffey.

Christopher Allen Sewar, 33, of Hutchins Street, Batavia, is charged with two counts of disobeying a judge's court mandate. He was arrested at 9:18 a.m. on Sept. 7 after an investigation of a violation of a court order by allegedly initiating contact with a protected party on Maple Street in Batavia on Aug. 25 and with violating the order on Aug. 23 on South Spruce Street, Batavia. He was released on appearance tickets and is due in Batavia City Court Dec. 8. The cases were handled by Batavia Police Officer Miah Stevens.

Lisa M. Babcock, 33, of North Spruce Street, Batavia, is charged with second-degree criminal contempt. At about 8:30 p.m. on Sept. 9, Babcock was issued an appearance ticket for Batavia City Court, where she is due on Dec. 8. She was arrested after she allegedly failed to appear in court Aug. 18 after being served with a subpoena. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Video: First day of school for 2020 at Batavia City Schools

By Howard B. Owens
Video Sponsor
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With new social distancing protocols in place, the Batavia City School District opened all four of its campuses today for the 2020-21 academic year.

Sponsored Post: Sponsored Post: Dolce Panepinto: Frequently asked workers' compensation questions

By Lisa Ace


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 Workers' Compensation Law or to contact Dolce Panepinto: click here.

Trustee Alice Ann Benedict answers questions about schools reopening

By Mike Pettinella

Response from Alice Ann Benedict, trustee in the Batavia City Schools District.

Do you support the district's policy and reopening plan?  Why or why not?
I am in total support of the district with the hybrid plan. It is well thought out and the superintendent and staff have worked very hard this summer to comply with the governor’s requirements and also do what’s best for all students, faculty and staff. They have been very prudent in their consideration of all involved including parents and staff. We realized, through surveys and registrations, that a majority of students wanted in-person teaching. Certainly, there was a percentage that wants virtual classes, so the district accommodated them all with a definite aim to improve academics and keep everyone safe and healthy.

What feedback have you received from the parents in your district?
The feedback that I’ve gotten is mainly positive. Parents felt more assured with the open question and answer sessions that were available, plus with all the information available on the district’s website, most questions are answered.

Photo: Love birds

By Howard B. Owens

Jason Smith shared this photo of a male cardinal feeding a female cardinal in the backyard of his Batavia home.

Back to school back in the day

By David Reilly

After attending school (elementary, high school and college) for 18 years and teaching school (fifth and sixth grades) for another 33, I have been a part of opening day 51 times. And that doesn't include the overlapping times when my own two children headed back to their educational journeys.

But nothing in all that time is going to compare what the beginning of this school year will be like due to the coronavirus pandemic.

Taking temperatures, wearing masks, social distancing, plexiglass separating panels, lots of sanitizing, and a whole lot more that teachers and students are going to face including some days at school and other days virtually, all because of COVID-19.

I have never regretted being retired, but I am even more happy about it this year and convey my best wishes to all those who will try their best to make the 2020-2021 academic year a productive one.

Back in the 1950s at St. Mary's School in Batavia, we certainly had a less worrisome time when our summer vacation ended. Some preparations had to be made, but nothing approaching what parents and kids have to do now, even before the virus.

Bow Ties and Buster Browns

There was no fretting about what to wear to impress our classmates. We had uniforms, so each kid looked as plain and mundane as every other one. For the girls, it was a light blue blouse with a dark blue skirt, and the boys wore a light blue long or short sleeve shirt with dark blue pants. The pièce de résistance for the boys was a blue clip-on bow tie. If I had a nickel for every one of those I lost I could have bought a lot of Junior Mints.

I'm pretty sure that the school had a deal with Charles Mens' Shop (which is still in business) to stock the uniforms and each year my mom would buy me two shirts and two pairs of pants. Between roughhousing on the way to and from school and outdoors at lunchtime, by June those pants would have been patched more times than a pothole at Ellicott and Main.

When it came to shoes, things were pretty simple. We'd head to Thomas and Dwyer's Downtown and Mr. Dwyer or Skinny Weiss would find a new pair of Buster Brown's in our size. We hated those goofy-looking round-toed things, but Mom was paying so that's what you got. The girls would arrive on day one with new saddle shoes or Mary Janes. I don't think sneakers were allowed.

Lunch Box and Lunchroom

In the '50s we didn't have backpacks, but choosing your lunchbox was a big deal. This was before everything was plastic and they were made from metal and most contained a Thermos.

Howdy Doody ones were a favorite of the younger kids, while the older boys wanted Davy Crockett or The Lone Ranger. By the way, those metal boxes could come in handy if you had to defend yourself from a bully.

During the first couple years of St. Mary's existence we were housed in the basement of adjoining Notre Dame High because the elementary school was still under construction. Once we got in the new building our lunch habits changed because we had a school lunchroom.

Mrs. Isabelle Suranni, who was a chef at various restaurants in the area, prepared the food right on the premises. Unlike most other lunchroom food I encountered over the years St. Mary's was tasty, especially the spaghetti. My mom worked in the kitchen for a couple of years and whenever spaghetti was served she'd bring some home for dinner.

So, that was about it -- uniform, shoes, lunchbox. Maybe a couple pencils and a box of eight crayola crayons. There was no list sent home of all the things the parents needed to buy.

As far as teacher preparations that were made for school's opening, it was certainly a big deal for me when I was teaching. We'd head back to our classrooms a week or two early to get the classroom ready. Desks were arranged, bulletin boards decorated, name tags made, lessons prepared, and so on.

'Convent'-ional Classroom

For seven of my eight elementary school years, my teacher was a nun -- a Sister of the Holy Cross (inset photo below right from the 1950s). I don't know how many of them had formal teacher training but I'd guess not many.

I could be cynical and surmise that the nuns spent their summer sanding and honing their rulers and yardsticks to use on us little delinquents.

But, since most Catholic schools had 40-50 students in a class, more likely they were catching their breath and recuperating from the previous semester.

Maybe they had nun spas where they would go to get refreshed. Probably not.

I don't recall much about bulletin boards or decorations, but with 50 desks there probably wasn't room for any. There were always a bunch of strategically placed statues though. Some saint was always looking over your shoulder when you were about to launch that spitball.

A Long Year Ahead

I can't imagine having more than 30 kids in a class, but it must have given the nuns some preopening day anxiety. Actually, I could identify with that feeling somewhat because my very first teaching job after graduating from college in 1969 was in a Catholic school, Sts. Peter and Paul in Rochester.

I was also similar to the nuns in that I really didn't have much preparation for teaching. I had, quite honestly, taken the job in order to secure a deferment from the military draft. I had only taken a couple education classes at St. John Fisher and never did any student teaching. Essentially, I was winging it.

My very first day I started out by handing out index cards to my sixth-graders and asking them to write down their name, address, phone number, and parents' names. I had a boy in the class who was from Lebanon named Toufik. 

As I circulated around he raised his hand. “Yes, Toufik,” I said. “How can I help you?”

“Mister,” he replied. “How do you make a T?”

“Oh boy,” I thought. “What have I gotten myself into?

First Days

Only two of my St. Mary's opening days stand out in my memory of boyhood, both of which I mentioned in a previous story.

In first grade, school started on a Wednesday, but because I had strep throat, I didn't arrive until the following Monday. I was a shy kid so I was probably terrified to come in on my own.

A boy named Lenny, the briefest of classmates, had the absolute greatest opening day entrance in my 51 years when he showed up with a cigarette hanging out of his mouth and promptly got expelled. There was an ad at the time which said, “I'd walk a mile for a Camel.” Lenny only got to walk about 50 feet before the black-habited arm of a nun whisked him off the premises forever.

On my first opening day after retiring, I took my boat and went fishing. On the first opening day of my longtime girlfriend's retirement, we took a day trip to the pretty little Finger Lakes Town of Skaneatles.

What will we do on the first day of school this year? I'm not sure except that it won't involve little kids. Or nuns.

Photos and images courtesy of Dave Reilly.

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