batavia

Story updated with more information at 10 a.m.

One of Genesee County's most widely respected and prominent attorneys has been arrested for allegedly stealing $75,000 from an elderly client over a period of two years.

Randolph Zickl, 81, is charged with one count of grand larceny in the second degree.

Det. Todd Crossett said this morning that the investigation began in September with a complaint from a family member of the alleged victim. Crossett said the family member noticed some bank transactions "that didn't look right."

The alleged transactions, transferring funds from the elderly person's account into Zickl's account, were carried out during a period in which Zickl was not representing the client and should not have had access to the bank accounts, Crossett said.

Until a few weeks ago, Zickl was in charge of the county's Office of Legal Assistance. The office is in charge of handing out assignments to defense attorneys on cases that can't be handled -- usually because of a conflict of interest -- by the Public Defender's Office.

Ray Cianfrini, chairman of the County Legislature, said the Legislature received a letter of resignation from Zickl several weeks ago, but Cianfrini was not made aware until this morning that there was a pending legal case against Zickl.  

The Legislature appointed Mike Rivers to replace Zickl.

Zickl is the father of two attorneys in the District Attorney's Office, Robert Zickl and William Zickl.

The prosecution of Randolph Zickl is being handled by the Erie County District Attorney's Office and he was arraigned on the charge by a judge from Erie County.

Andrew L. Kosiorek, 44, no permanent address, Batavia, was arrested at 1:46 a.m. on June 20 as the result of an investigation into suspicious activity (an individual looking into vehicles) in the area of Ross Street, Manhattan Avenue, and Farwell Drive. He is charged with criminal possession of stolen property, 5th, and jailed on $5,000 cash or $10,000 bond. He was scheduled for City Court on June 23. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels. The defendant subsequently received an additional count of criminal possession of stolen property, 5th, after another victim reported that property was stolen from her vehicle on Ross Street in the city. In this count, Kosiorek allegedly possessed perfume and grooming products belonging to the victim. He was issued an appearance ticket for Batavia City Court on June 28. He is currently incarcerated in Genesee County Jail on similar charges. He was previously arrested after allegedly being found in possession of a large amount of property that had been stolen from several vehicles throughout the city overnight. The latest case was handled by Batavia Police Officer Jason Ivison. In another arrest report, he is charged with fifth-degree criminal possession of stolen property after allegedly being found on Elm Street in possession of multiple stolen items. That case was handled by Officer Wojtaszczyk, assisted by Officer Thad Mart.

Paula G. Pierce, 24, of Wood Street, Batavia, is charged with second-degree harassment and endangering the welfare of a child. She was arrested following an incident at 3:30 p.m. on June 23 in which she allegedly forcefully pulled a 9-year-old child from a vehicle parked on Wood Street. She allegedly did so because of comments the 9-year-old reportedly made toward her child. She is due in City Court on July 12. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.

David M. Ross, 47, of Franklin Street, Batavia, is charged with criminal mischief, 4th, and second-degree harassment. Ross was arrested following a dispute over the ownership of a vehicle. At 2:06 p.m. on June 20, Ross allegedly physically removed the victim from the vehicle and damaged a window in the process. He was arraigned in City Court June 21, then released. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Jason Ivison.

Daniel Wayne King, 23, Nickolas Andrew Marotta, 19, Kyle Lee-Maddison Michaels, 18, Madison Alyssa Scheuerlein, 18, all of Batavia, and 18-year-old Salvatore Michael Schwable, of Oakfield, were arrested at 3:30 a.m. on June 25 following the investigation of a trespassing complaint at the Rolling Hills Asylum in East Bethany. They were all allegedly trespassing on the grounds of the asylum. They were issued appearance tickets for Town of Bethany Court on July 19. The case was handled by Sheriff's Deputy Chad P. Cummings and Deputy Eric J. Meyer.

Joshua Herman Worrells, 29, of Dewey Avenue, Rochester, is charged with driving while intoxicated, aggravated driving while intoxicated, failure to stop at a stop sign, and moving from lane unsafely. At 1:54 a.m. on June 26, Worrells was stopped on Sumner Road in Darien for allegedly failing to stop at a stop sign and moving from the lane unsafely. Following an investigation, the defendant was arrested for driving while intoxicated and for allegedly operating a motor vehicle with a BAC of .08 or higher, in addition to the traffic violations. He was released on appearance tickets for Town of Darien Court on July 12. The case was handled by Sheriff's Deputy Ryan Young, assisted by Deputy Jason Saile.

Andrei P. Sliker, 25, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument. He had an active warrant out of the City of Batavia for failing to appear on vehicle and traffic law violations. On June 21, he was observed by Officer James DeFreze on Ellicott Street and taken into custody without incident, at which time he was allegedly found to be in possession of a hypodermic needle. While at BPD Headquarters, he was also allegedly found to be in possession of a controlled substance. Silker was arrested on the new charges at 10:59 a.m. He was jailed on the bench warrant in lieu of $300 bail. He is scheduled to be in City Court on July 21. The case was handled by Officer DeFreze, assisted by Officer Frank Klimjack.

Shawn M. Twardowski, 33, no permanent address, Batavia, is charged with trespass and resisting arrest. The defendant was arrested on June 21 following an incident at 218 State St., Room #3. Twardowski had previously been advised by poluice and the property manager at that location that he was not allowed to be there and if he failed to comply he would be subject to criminal prosecution. He allegedly went there despite the warnings and police responded and allegedly found him on the premises. As officers attempted to take him into custody, a struggle ensued and the defendant allegedly made several attempts to pull away from the officers. He was jailed in lieu of $1,000 bail and was due back in court on June 23. The case was handled by Batavia Police Officer Chad Richards, assisted by Sgt. Christopher Camp.

Cindylou Oppel, 60, of State Street, Batavia, is charged with obstructing governmental administration. On June 21 at 8:23 p.m., Batavia PD responded to 218 State St. for a report of trespass in progress. They arrested Oppel when she allegedly obstructed police from affecting the arrest of Shawn M. Twardowski. Oppel is due in City Court on June 28 to answer the charge. The case was handled by Batavia Police Officer Arick Perkins, aasisted by Officer Chad Richards.

Jennifer L. Stack, 30, of South Main Street, Batavia, is charged with first degree criminal contempt. On June 26, Stack was arrested following an investigation wherein she allegedly violated an order of protection on June 24. She was put in jail and was due in City Court this afternoon. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Nicholas D. Martino, 35, of Main Street, Alexander, is charged with aggravated unlicensed operation. He was arrested at 9:27 p.m. on June 24 following a traffic stop on South Main Street in the city. He was found to be allegedly operating a vehicle while his NYS driver's license was suspended. He was jailed with bail and was due in City Court this afternoon. The case was handled by Batavia Police Officer Mitchell Cowen.

Noah David Herrick, 19, of Fairlea Drive, Rochester, is charged with trespass. Herrick was arrested at 8:40 p.m. on June 23 for allegedly trespassing at Buttermilk Falls. He was issued an appearance ticket for July 18 in Le Roy Town Court. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy James Diehl.

Amanda R. Traynor, 28, of Eagle Street, Mt. Morris, is charged with failure to appear. She was located by the Geneseo Police Department during a traffic stop. She had an active warrant for failure to appear on previous traffic offenses. She was turned over to Batavia PD, jailed and released after posting $300 bail. She was issued an appearance ticket for City Court on July 5. The case was handled by Batavia Police Officer Felicia DeGroot.

Press release:

Attention all golfers! The Batavia Blue Devils Football program will hold its 4th Annual Golf Tournament on Saturday, July 23rd, at the Batavia Country Club. Alumni are encouraged, but anyone who likes to golf can get a foursome!

The cost is $80 per golfer and it includes 18 holes of golf, cart, lunch, dinner, beverages, goodie bag and T-shirt.

Tournament registration time is between 7 a.m. and 7:30 a.m., with a shotgun start at 8 a.m.

Those interested can send their team members' names, T-shirt sizes, and money to:

Blue Devils Touchdown Club
306 South Jackson St.
Batavia, NY 14020

Checks made payable to: Blue Devils Touchdown Club.

You just be 21+ to play. Registration deadline is July 8th.

Any further questions you can call or text 585-409-5557.

Press release:

Starting this Friday, July 1st, the Jackson Square Concert Series is set to begin with St. Joe’s of Batavia Brass Ensemble as a celebration of their 85^th Reunion. Concerts are in Jackson Square every Friday through August from 7-9 p.m. If you’d like to attend, be sure to bring a chair to relax or bring your dancing feet for some great fun Downtown.

Bands are booked by the BID Executive Director Laurie Oltramari. Many people ask how bands are chosen. Price and sponsorship are always factors. However, last year, the new director had a table at every concert to ask people what bands they like and if they wanted any new. She asked on the radio, walked around to several businesses, asked her board members, and asked on Facebook. And of course, bands contact her at the beginning of the year to see who will be chosen. Bands were booked based on price, availability, genre, and returning bands vs. new bands.

“I tried to mix it up, and of course, you cannot please everyone," she said. "We are especially grateful for M&T Bank as always being the title sponsor to bring such a wonderful event Downtown.” 

The lineup for this year:

Friday, July 1st -- St. Joe's of Batavia Brass Ensemble (85th Reunion)
Friday, July 8th -- Fat City (Soft Rock)
Friday, July 15th -- Ghost Riders (Country)
Friday, July 22nd -- Universal Mind (Rock)
Friday, July 29th -- The Fibs (Rock/Reggae/Funk)
Friday, Aug. 5th -- Stone Row (Celtic Rock)
Friday, Aug.12th -- Midnight Cruisers (Rock)
Friday, Aug. 19th -- It's My Party ('50s and '60s)
Friday, Aug. 26th -- Josie Waverly Band (Country)

For any questions or concerns, please contact Laurie Oltramari at (585) 344-0900 or email LOltramari@DowntownBataviaNY.com.

A vehicle has reportedly struck a house 5049 Main Street Road, Batavia. Town of Batavia fire and Mercy medics are responding.

UPDATE 2:31 p.m.: A man who was in the parking lot of the Town & Country restaurant told responders he put the car in gear to leave the parking lot and the accelerator stuck, sending the vehicle careening into the corner of the house on the adjacent lot. He was not seriously injured and medics transported him to UMMC for evaluation.

When Marilynn Palotti, a retired art teacher, traveled to Alaska two years ago, she had no idea it would unleash a flurry of creativity when she returned, but it did. She's painted dozens of pictures capturing what she saw and experienced while on the trip.

Speaking even now about the trip, she's still filled with wonder.

"It’s such a unique place," Palotti said. "It’s so isolated in places. The people are so fiercely independent, yet are so willing to help each other. It’s very hard to describe to someone else what Alaska is, all its idiosyncrasy. It has only 12,000 miles of paved roads and it has millions upon millions of acres of national parks and refuges that are so isolated that you can’t get into them except by flying."

Palotti's show is on display now at the Richmond Memorial Library. The show runs through July and the opening is Thursday, July 7th from 6 to 9 p.m.

A graduating class of 164 students received their diplomas from Batavia High School yesterday in a ceremony held at Genesee Community College.

Superintendent Chris Dailey said 74 percent of the class is pursuing higher education, including 41 going directly to four-year schools, 80 to community colleges and 31 students are entering the workforce already with jobs, plus seven students are going into the military.

"That is college and career ready," Dailey said.

Of the 164 graduates, 142 are receiving regents diplomas.

"For a small city school, that's outstanding," Dailey said. "We'll put that up against anywhere else in New York State."

Burton Howell, a science teacher at BHS for 28 years, delivered the keynote speech, emphasizing the tough love students got as they made their way through their educational  journey.  Starting on Sunday, they are no longer subject to the rules and discipline of school, but the rules and laws of society, subject to due process.  It's up to them, he said, to make the right decisions through the rest of their lives. He spoke about Heisenberg's Uncertainty Principle. You can know an object's position, or you can know it's velocity and direction. If you know an object's position, you don't know where it's going or how fast.  He told the students that we know where you are now, but we don't know where you're going.  That's up to each student to decide.

Valedictorian Alexis Vasciannie noted that the Class of 2016 was an accomplished class, with success in academics, the arts and athletics. She challenged students to enter life now and find their own paths to success.

Salutatorian Ross Chua closed his speech by singing an original song. Chua, named Mr. Batavia earlier in the year, also participated in the Genesee Symphony Orchestra's performance of his own composition; he plans to attend Syracuse University. His goal is write a symphony that will be performed by a major, world-renowned symphony, or write the scores for major motion pictures. These are big dreams, he confessed, but he would be equally happy if someday he owned a music store, because there he might sell a first instrument to a future top-40 recording artist or the shoes to a future prima ballerina. Those accomplishments would change the world. He reminded his fellow graduates that even the small things they do in life will have a big impact on the world. They should go out and try to make a difference. 

Chua received the Quincy Jones Award for his musical accomplishments at the school. Awards and scholarships were handed out to more than a dozen students.

Kayla Burns receives her diploma from Dailey.

Malachi Chenault is congratulated after receiving his diploma. 

Zach Lee celebrates graduation while waiting his turn to receive his diploma. 

To purchase prints, click here.

Doug Danizewski wears a zebra mask today while trying to drum up business on East Main Street for a car wash at Batavia's Original to benefit Boy Scout Troop 6069.

It was indeed hot in that mask, Danizewski said.

Bell Barone (pictured below) was among the dozens of kids who turned out today for the annual Fishing Derby at DeWitt Recreation Area sponsored by the Oakfield-Alabama Lions Club.

People traveled from as far away as California to be in Batavia today for a button auction at the Days Inn on Noonan Drive.

It's that way twice a year, said Margeret McBride, when Page Auctions hosts the event in Batavia. 

"People come from all over," she said.

It is as much about the buttons, which can sell, typically, from $10 to more than $1,000, McBride said, as it is about being social and seeing friends you've made through button collection conventions and auctions.

Page Auctions is based in Batavia, and McBride's husband, Phil, is the auctioneer and their daughter, Whitney McBride Carlson, helps run the business. Page Auctions was founded locally in 1895.

People who collect buttons love buttons, even if the collections can sometimes grow larger than they ever imagined.

"A lot people have said to me they collect buttons because they’re small," McBride said. "I’ve heard that over and over again. People who are collectors, who like to collect things and actually possess them, only have so much room and a lot of people say, ‘I started collecting buttons because I thought they were small,' and then they find out that roomfuls happen. They collect roomfuls of buttons. They put them on cards and hang them on the wall. They display them and sometimes they wear them in jewelry or sew them on, but for the most part, they’re coveted for their artwork."

Besides the aethetics of buttons, they also have a strong historical interest, especially for those who collect military buttons.

The most expensive button McBride remembers is a Civil War uniform button that sold for more than $17,000.

Today, Habitat for Humanity dedicated the new home on Oak Street of Sheila and Jada Rolle.

Sheila expressed her gratitude for the staff and volunteers who helped them with a beautiful home.

"There’s so much love and peace and the angels all around because everyone who took part in this project blessed us so much, and I thank all of you for the love that you’ve shown us and you have given us," Sheila said.

Previously:

• Photos: Firefighters assist with newest Habitat house
• Photos: Women Build day at newest Habitat for Humanity home in Batavia

Brendan Gregory Klish, 20, of Big Tree Street, Livonia, is charged with trespassing. He was arrested at 8:43 p.m. on June 23 for allegedly being located on posted private property on Lake Street Road in Le Roy. He was issued an appearance ticket returnable to Town of Le Roy Court on July 18. The case was handled by Sheriff's Deputy Ryan DeLong.

Nora Jane Barnhart, 18, of Rochester Road, Lakeville, is charged with trespassing. She was arrested at 8:43 p.m. on June 23 for allegedly being located on posted private property on Lake Street Road in Le Roy. She was issued an appearance ticket returnable to Town of Le Roy Court on July 18. The case was handled by Sheriff's Deputy Ryan DeLong.

A 17-year-old of Rochester Road in Lakeville is charged with trespassing. The youth was arrested at 8:43 p.m. on June 23 for allegedly being located on posted private property on Lake Street Road in Le Roy. The defendant was issued an appearance ticket returnable to Town of Le Roy Court on July 18. The case was handled by Sheriff's Deputy Ryan DeLong.

Zachary David Lloyd Duigan, 21, of Pringle Avenue, Batavia is charged with petit larceny. Following the investigation of a shoplifting complaint on June 20, Duigan was arrested for allegedly stealing a flat-screen TV from a department store on Veterans Memorial Drive. He was released with an appearance ticket for Town of Batavia Court on July 11. The case was handled by Sheriff's Deputy Rachel Diehl.

James Michael Dixon, 25, of North Spruce Street, Batavia, is charged with petit larceny. Following the investigation of a shoplifting complaint at 8:22 p.m. on June 22, Dixon was arrested for allegedly stealing from a department store on Veterans Memorial Drive. He was released with an appearance ticket for Town of Batavia Court on July 11. The case was handled by Sheriff's Deputy Rachel Diehl.

Press release:

A player from Rochester is $ 110,387.32 richer after hitting the top jackpot on the Multi-Track Blazing 7’s Hot Shot progressive machine at Batavia Downs Gaming on Thursday night.

“We’ve very excited to have the jackpot hit at our place,” said Ryan Hasenauer, director of Marketing. “It’s the largest jackpot hit at our facility since last July’s $172,000 win.”

The Hot Shots machines, located at all nine New York gaming facilities, are linked so that as customers play those specific machines, the jackpot climbs until it is won. This particular jackpot was hit within a bonus game.

Owned and operated by 15 Western New York counties and the cities of Rochester and Buffalo, Western Regional OTB is a public benefit corporation with headquarters in Batavia, NY. WROTB owns and operates 27 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility. Since its inception, Western OTB has generated over $225 million in operating and surcharge revenues to the taxpayers of those participating municipalities.

If you lost a large hydraulic piece of machinery within the past 24 hours, please call Batavia PD.

Such a piece of machinery was found on Liberty Street near School Street and is believed to have fallen off a truck.

The equipment is described as "newer." 

To stake your claim, call Officer Marc Lawrence at (585) 345-6350.

This is Jack. Jack is a brown and white Jack Russell terrier. Jack is missing.

He recently had medical treatment for an injury on his neck. He has a staple in his neck, so he wasn't wearing his collar when he went missing Wednesday. He also has two staples in his paw.

Jack is missing from the area of Oak Street and Montclair Avenue in Batavia.

If you can help, call Nathan Stoll at (585) 749-8525 or (585) 356-2965.

Information and photos submitted by Glenn Adams.

Yesterday morning, City fire along with a group of volunteers from other departments in the county, participated in water rescue training at DeWitt Recreation Area in Batavia.

The boat and motor and gear were purchased with a grant from Homeland Security.

The first two shots include Ryan Hendershott of the Bethany department and DJ Pollock.

CORRECTION: Only members of City fire participated. Hendershott is a city firefighter and a Bethany volunteer.

There is an allocation of $2.1 million available for Batavia City Schools for technology upgrades, according to a state official who contacted The Batavian on Thursday about a previous story on local Smart Schools grants.

"As soon as the district is ready to submit a plan, the money is their for them," said Morris Peters, public information officer for New York State Division of the Budget.

Superintendent Chris Dailey confirmed the district intends to file a plan in the fall.

"There is no time limit on the money so it does not need to be spent immediately," Dailey said. "We plan to use the remainder to replace devices down the road (2-3 years) as part of our replacement cycle."

The district didn't receive an allocation as part of grant announcements in May, and Dailey said previously, the district decided not to file its plan prior to the June allocation deadline.

Instead, the district used current available funds for its immediate purchases, and made those purchases through BOCES.

Peters said the state had asked the city school district to make changes to its May plan submission, which is why there wasn't an allocation of grant money at that time.

CLARIFICATIONS: We need to include the fact that the district will be upgrading the security camera systems by the fall.

The district submitted its first plan March 29. Corrections were requested April 4 and submitted that same time. This district did not receive funding in May and a minor correction was requested for the next funding round in June. At that time, the district decided to go forward with its own funding and BOCES because the state committee would not meet in time for the district to move forward and meet its own Sept. 1 deadline for implementation.

"If they had met in late April/early May, we would have been OK for ordering," Dailey said. "They did not meet until after our last available date to meet our needs for the fall." 

The Genesee County AmeriCorps Program, in collaboration with the Genesee County and Batavia Youth bureaus, is planning the annual Safe Summer Children’s Carnival.

It is open to the public and will take place on Thursday, July 28, from 10:15 a.m. until 2 p.m. at Falleti Ice Arena, 22 Evans St., in Batavia. One dollar buys a ticket to play 10 games, and children can win “funny money” to redeem for prizes.

Entertainment by “Charlie and Checkers” is scheduled from 10:15-11 a.m. and the games will run from 11 a.m. to 2 p.m. with a 30-minute lunch break. Folks from the community should plan to bring a bagged lunch or plan to leave for lunch.

There will also be several community agency booths. There will be a grand prize which consists of two Darien Lake Theme Park Admission Tickets that can be won by visiting the booths.

For more information on the carnival please contact, Cara at the Genesee County Youth Bureau at 344-3960.

REVISED press release from the City's Bureau of Maintenance:

Please be aware that all motorists using South Main Street within the City of Batavia from Oak Street Extension west to the City Line will experience road closures on Monday, June 27 and Tuesday, June 28, between the hours of 7 a.m. to 7 p.m.

Roadwork involving the paving of the roadway will begin on the east end and progress west to River Street.

Roadwork involving the paving of the roadway will begin on the west end and progress east to Dewey Avenue. Upon completion of this segment, the portion of South Main Street between Dewey Avenue and the roundabout will follow.

Upon completion of this segment, the portion of South Main Street between River Street and west city line will follow. It is anticipated it will take two days to complete this work.

While work is being performed in these areas, the roadway will be closed to all through traffic. Local traffic will be permitted to and from their residence/ property but should plan accordingly for delays.

All residents within the work area are asked not to park on the roadway during the day.

This is weather dependent work.  If work is postponed it shall progress next work day.

Please, plan accordingly and contact the Bureau of Maintenance with any questions.

Thank you for your cooperation in advance.

Guadalupe Hernandez (AKA Guadalupe Hernandez II, AKA Guadalupe Hernandez III) is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that Hernandez, having been released from custody or allowed to remain at liberty by order of the Genesee County Court, either upon bail or upon his own recognizance, on the condition that he was subsequently appear in connection with a felony charge against him, did not appear personally on the required date of Feb. 14, 2012, or voluntarily within 30 days thereafter.

Shentelle C. Gagnon is indicted for petit larceny, a Class A misdemeanor. Gagnon is accused of stealing property from Walmart in Batavia on Jan. 23. In count two, she is accused of promoting prison contraband in the first degree, a Class D felony. On Jan. 23, she allegedly knowlingly and unlawfully introduced dangerous contraband into a detention facility -- the Genesee County Jail. In count three, Gagnon is accused of fourth-degree grand larceny, a Class E felony. It is alleged that on April 24, she stole property witha value in excess of $1,000 from Walmart in Batavia. In count four, Gagnon is accused of another count of petit larceny. It is alleged that on April 25, she stole property from Walmart in Batavia. In count five, she is accused of a third count of petit larceny, for allegedly stealing property from Walmart in Batavia on April 30.

Donald R. Rock is indicted for driving while intoxicated, as a Class E felony. On March 5, in the Town of Batavia, is is alleged that Rock drove a 2004 Chevrolet on Kelsey Road while intoxicated. In count two, he is accused of driving while intoxicated per se, as a Class E felony, for having a BAC of .18 percent or more at the time. In Special Informatiopn filed with the indictment by District Attorney Lawrence Friedman, Rock is accused of having been convicted of felony driving while intoxicated on Aug. 23, 2007, in Genesee County Court, which is within 10 years of the crimes alleged in this indictment.