batavia

Steve Robinson, white shirt, was honored with a proclamation Tuesday night by the Batavia City Council for his 30 years of service to the residents of Batavia.

Robinson started his career as a dispatcher for Batavia Police Department, continued as a dispatcher when the county and city 9-1-1 centers were consolidated, and stayed on part time with Batavia PD in a desk role after the consolidation.

To trick-or-treat or not to trick-or-treat? That seems to be the question on the minds of a lot of families in Batavia as our first pandemic-era Halloween approaches.

Councilman Bob Bialkowski said he's received calls from residents wondering if the city will permit traditional Halloween activities and he said there are even residents concerned that if they don't leave a light on for young ghosts and ghouls their houses might be targeted for vandalism.

Interim City Manager Rachel Tabelski said after reviewing information from the Centers for Disease Control (CDC), including a chart she said shows Genesee County as one of the few counties in the area the CDC has marked safe for trick-or-treating, she sees no reason right now to cancel Halloween in the city.

She said residents should be informed of the CDC's guidelines, which include:

• Avoid direct contact with trick-or-treaters.
• Give out treats outdoors, if possible.
• Set up a station with individually bagged treats for kids to take.
• Wash hands before handling treats.
• Wear a mask.

Tabelski suggested residents who want to hand out treats, not have trick-or-treaters come to their door but instead meet them one at a time on their sidewalk.

"We are not banning trick-or-treat unless the county or state come down and ask us to ban it," Tabelski said. "We think it's a great idea for parents and residents to be informed to help them feel safe."

She said she didn't anticipate any trouble for residents who choose to turn off their porch light and not participate.

"I think people understand some people may not feel comfortable opening their doors," Tabelski said.

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When the coronavirus pandemic first hit Genesee County, the revenue outlook for the City of Batavia was pretty bleak -- a projected $2.4 million in losses because of an anticipated 30-percent decrease in economic activity.

As it turns out, sales tax revenue in the county is down only 4 percent, Interim City Manager Rachel Tabelski informed the City Council on Tuesday night.

The city also received an 80-percent payment from the state for video lottery terminal (VTL) revenue from Batavia Downs.

Better news but not necessarily good news. There's still a shortage in revenue of $793,000.

"While we still have many freezes and cuts to the departments, we are weathering the storm well of comfort," Tabelski said.

City department managers continue to work to control costs, making cuts in purchasing in vehicles, equipment and supplies, deferring what they can, and some departments are still under a hiring freeze. Those cost-saving measures are projected to save $611,000.

Whether those cuts are for the long term is yet to be seen.

"That's definitely hard to predict," Tabelski said. "We have rising contractual costs of employees coming into next year's budget and we still have New York State's 2 percent property tax cap that we try to look at and maintain, and stay within if we possibly can. The hope is that as we get closer and closer to the next quarter of sales tax collection, we'll have a better revenue picture and we'll be able to tell if we have a better budget outlook to present to Council in January."

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Submitted photos and story.

Last week, Jackson Primary and John Kennedy School participated in Fire Prevention Week.

Captain Greg Ireland, of the Batavia Fire Department, read a book and made informational videos that educated students about fire hazards and why it is important to stay safe in an emergency.

Students participated in a coloring contest where the winners received a grab bag and a picture with the BFD. Students also learned why fire prevention is so important. Jackson Primary students had the chance to Google Meet with students from John Kennedy where they shared information they learned about fire safety. 

On Oct. 6th and 7th, students from the two schools had the opportunity to see a real fire truck. They watched the firemen explain how the fire truck works and had the opportunity to see their gear and tools.

The students also donated a dalmatian mascot with the name J.K. Jackson to keep at the firehouse to remember how important and valuable their partnership with the Batavia Fire Department is.

From the City of Batavia Fire Department: 

The City of Batavia Fire Department will be flushing / testing fire hydrants on Thursday, Oct. 15^th and Friday, Oct. 16^th from approximately 9 a.m. to 3 p.m. in the general area of North of Main Street and East of Bank Street.

Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

This annual testing is essential to maintain the communities class III Insurance Services Office (ISO) public protection classification, and to assure that fire hydrants are operating efficiently for fire protection purposes.

Along with maintaining the fire rating, the test monitors the health of the city's water system, identifies weak areas in the system, and removes material that settle in the water lines. Checking each hydrant improves fire department personnel knowledge of the hydrant locations.

If you have any questions, or should notice a hydrant in need of repair, please contact the fire department at (585) 345-6375.

Press release:

Citywide leaf collection will begin Monday, Oct. 19 and will continue until Nov. 20.

Residents are asked to rake leaves into piles and leave them in the parkway (unbagged). Please, place close to curb line/edge of roadway without placing in the street. Do not pile around fire hydrants, trees or sign posts.

Leaf piles should only contain leaves and no branches, grass clippings or other materials.

Leaf operations typically have one crew on the Northside working from Grandview Terrace moving West, North of Main Street, and a second crew on the Southside beginning on River Street moving East in areas South of Main Street.

A third crew will work using a vacuum along main roads and numbered routes. It takes about two weeks to go through the entire city.

Any resident with leaves can also bring them to the Yard Waste Station until it closes for the season on Dec. 5. The Yard Waste hours are: Monday through Friday from 8 a.m. to 2 p.m.; Saturdays from 12 to 6 p.m. through Oct. 31; and then 11 a.m. to 5 p.m. on these remaining dates -- Nov. 7, 14, 21, 28, and Dec. 5).

The Yard Waste Station will be closed Nov. 11, 26, 27 and will officially close for the season after Dec. 5th.

IMPORTANT INFORMATION ABOUT LEAF COLLECTION:

• Leaf piles must be clear of sticks and other debris;
• Leaf piles must be clear of all animal waste – if animal waste is found in the piles, they will not be picked up;
• Grass clippings, flower pottings, branches and pumpkins cannot be picked up and residents may bring those items to the Yard Waste Station on Law Street (open through Dec. 5;
• Leaves should not block traffic;
• Leaves should not be piled near intersection corners. This causes sight issues for motorists/bicyclists/pedestrians;
• Keep leaf piles clear of drainage ways and catch basins. Blocked drainage leads to localized flooding;
• Leaves should not be piled around mailboxes, power poles, fences, fire hydrants or other obstacles;
• Do not park on leaf piles. The heat from a vehicle exhaust system could start a fire;
• Do not wait to get your leaves out. We will normally collect leaves twice within the month of leaf collection;
• If it is snowing, we plow first. If it continues to snow, then leaf operations will be suspended.
• There is no leaf pickup in the spring.

Contact the Bureau of Maintenance (585) 345-6400, option 1, if you have any questions.

Brandon Payne caught another large pike at DeWitt Recreation Area yesterday.

Submitted photo.

Commonly Asked Workers’ Compensation Questions:

Press release:

Holly Carney (photo above), general manager of the McDonald’s Restaurant located at 587 E. Main St., Batavia, has been selected to receive McDonald’s Outstanding General Manager Award. This is an accolade that recognizes only top performing 10 percent of McDonald’s Restaurant Managers.

Carney was one of only 33 McDonald’s Restaurant managers from New York State to receive the honor which includes a cash prize and a trophy. She has worked at McDonald’s for nine years, eight of which have been at this restaurant.

Ryan Richardson and Lisa Ryan from the McDonald’s corporate office, presented Holly with the Outstanding General Manager’s Award Tuesday Oct. 6 and they celebrated -- socially distant of course.

Also in attendance were restaurant owner Harry Schatmeyer and Darrin Glass, director of operations for the Schatmeyer organization.

"It’s awesome, so exciting," Carney said. "I have great people who are always where they need to be when they need to be there in order to deliver the best customer experience.”

McDonald's independent franchisees and regional management nominate restaurant managers for the Outstanding General Managers Awards to recognize their hard work, dedication and commitment to McDonald's and its customers.

“Holly’s done a fabulous job growing the restaurant, and delivering A-plus operation, both in the restaurant and the drive thru," Schatmeyer said. "This is well deserved.”

McDonald’s is committed to creating employment opportunities for people of allages and from all backgrounds, as well as boosting employability to help peoplegain the skills and experience, they need to progress in their careers. McDonald’s provides opportunities for progression and promoting from within; around 90 percent of restaurant management began their careers as crew members.

About McDonald's

McDonald's is the world's leading global foodservice retailer with more than 37,000 locations in 120 countries. Over 90 percent of McDonald's restaurants worldwide are owned and operated by independent local business men and women.

Brenda Lee Draper, 46, of Porter Avenue, Batavia, is charged with two Class E felonies: fourth-degree grand larceny; and offering a false instrument for filing in the first degree. It is alleged that Draper did not report income that she was earning that she filed an application used to determine eligibility for the Supplemental Nutrition Assistance Program benefits. As a result, she is accused of receiving $1,775 in SNAP benefits she was not entitled to get. The investigation was conducted by Genesee County Department of Social Services Investigator Dakota Nicholson. Draper was arrested and charged by Genesee County Sheriff's Sgt. Thomas Sanfratello.

Edward Joseph Marin Jr., 31, of South Cairo, is charged with second-degree criminal contempt. At 1:49 a.m. Oct. 11 Marin was arrested after he allegedly knowingly violated a full stay away order of protection while staying at a hotel on Park Road in the Town of Batavia. He was released on an appearance ticket and is due in Batavia Town Court on Nov. 5. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Ryan Young.

Dylan Michael Birch, 20, of Lakeville, is charged with second-degree criminal contempt. He was arrested at 7:44 p.m. Oct. 10 on Route 237 in the Town of Stafford. No other details provided. Birch was issued an appearance ticket to be in Stafford Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy David Moore.

Jerald A. Shuler III, 27, of Batavia (no address provided), was arrested following a traffic stop on Route 246 in the Town of Covington for an alleged speeding infraction. During the traffic stop, he was allegedly found in possession of 1.65 ounces of marijuana. Shuler is charged with marijuana possession in the first degree, speeding over 55 mph, and having the driver's view obstructed. Shuler was issued an appearance ticket and is due in Town of Covington Court on Oct. 26. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

It's now a felony in New York for a police officer to use a chokehold that results in the serious injury or death of a person, but Batavia police officers who have come through the academy in the past 10 years haven't even learned that maneuver, Chief Shawn Heubusch told the city's stakeholders' group at Thursday's meeting.

Since officers aren't trained in the procedure, it isn't even mentioned in the city's use of force policy, Heubusch said.

The Batavia's Police Collaboration Advisory Stakeholder Group was formed in response to an executive order from Gov. Andrew Cuomo mandating that all municipalities with a police force form a community-based group that reviews all of a police department's policies and procedures.

Thursday meeting concentrated on Batavia's use of force policy (pdf).

Chokeholds fell out of favor more than a decade ago, but their use declined steeply after New York legislators passed a law in the wake of the 2014 death of Eric Garner. He died in New York City while in police custody and restrained in a chokehold. Even while officers continued to restrain him, Garner warned them, "I can't breathe."

As a result, the State Legislature approved the Eric Garner Anti-Chokehold Act, making "aggravated strangulation" by a police officer a Class C felony punishable up to 15 years in prison.

While the city's use of policy is silent specifically on the use of a chokehold, it does allow a police officer to use any means necessary to protect his or her life or the life of another person if somebody is in imminent danger of being killed.

An officer, for example, fighting for his or her life, could use a chokehold.

"If the officer is in serious peril, you are going to do whatever you can to prevent yourself or somebody else from being killed," Heubusch said.

The use of force policy outlines when a police officer is authorized to employ a reasonable level of force in order to effect an arrest or protect him or herself or another person, up to the use of deadly force.

Reasonable, of course, is a subjective term but a 1989 Supreme Court decision, Graham vs. Connor, provides police with a method to evaluate reasonable use of force.

What is deemed reasonable? Basically, what any other typical officer would have done under a similar set of circumstances with the knowledge the officer had the time of the incident without the benefit of hindsight. In other words, if an officer has substantial reason to believe a subject has a weapon and is likely to use it, an action taken to neutralize the ability of the subject to use that weapon is reasonable, even if it turns out later the subject didn't have a weapon.

"No policy can possibly predict every situation a police officer will face," Heubusch said. "We can't reasonably think of everything and put in a policy when there is so much judgment involved in every single action an officer takes on a daily basis."

While an officer wants to avoid or minimize the use of force, nothing in the law or policy requires an officer to retreat (unlike a civilian in a public place) in the face of a threat.

When an officer uses unreasonable force, his or her fellow officers have a duty to intervene, and a duty to report under Federal law and local policy.

"We've always had a duty to intercede in our policy," Heubusch said.

Use of force can be authorized to try and capture a fleeing criminal suspect but again, sometimes the use of force is reasonable, and sometimes it isn't. An officer wouldn't use the same force to apprehend a shoplifter that he would for a bank robber. The officer must also evaluate whether the subject is a physical threat to other people.

It's never acceptable to fire a weapon at a moving vehicle. Unlike the movies, it's rarely effective and it's a danger to others.

Deadly force is only authorized when the officer or another person is in imminent threat of death or serious injury. Imminent doesn't mean immediate, Heubusch said. 

"If you point a gun at me I don’t have to wait for that trigger to be pulled," Heubusch said. "It doesn’t matter if the gun is loaded or not. We don’t have to find out if there are actually bullets in the weapon."

Anytime any level of use of force is deployed, Heubusch said, the officers must complete a report, which is another reason officers, he said, would rather avoid the use of force if at all possible.

The report is reviewed by supervisors. The information can sometimes help identify training needs and corrective measures and in rare circumstances result in disciplinary action.

"Officers hate paperwork and when they use force, they have to report it every time they wrestle with somebody," Heubusch said.

Heubusch said the use of force reports are not public even though New York recently repealed the law, Civil Rights Law 50a, which used to make records private used to evaluation police officer performance.

The reports are apparently not aggregated into any kind of statistical table.

Committee members wanted to know more about how the police department handles complaints about the possible use of force violations, particularly what protections are in place to protect an officer who cites a possible violation by a fellow officer.

Some committee members wanted to know just how thick that "thin blue line" is that supposedly protects police officers from being reported by fellow officers.

Heubusch said the department does have a whistlerblower policy that protects employees who file complaints but also noted, it's a small department -- only 33 officers on the force -- so it's hard to remain anonymous. 

That being said, Heubusch added, "supervisors know what their job is. They are not going to put their careers on the line. It's their job and their living on the line. I think our officers are comfortable coming forward if they run into a situation. I have yet to uncover a problem of an officer reporting something to a supervisor."

Public Defender Jerry Ader

Top photo: Chief Shawn Heubusch

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A 3-percent pay raise for City School's Superintendent Anibal Soler Jr. was primarily a cost-of-living adjustment, a couple of members of the board of education told The Batavian in response to a set of emailed questions.

But not all board members responded to the request for comment.

Not responding were:

• Shawna Murphy
• Barbara Bowman
• John Reigle

Trustee Tanni Bromley provided the most detailed response.

During the annual review process, the Board approved the raise of Mr. Soler after thorough discussion during the executive session. The Board felt it was justified for a few reasons which included cost of living increase, the longevity bonus would support and promote Mr. Soler's tenure in education. And finally, the Board did feel that Mr. Soler provided a well-structured plan for our district's reopening. 

The Board always takes the public's thoughts and feelings into account when making such decisions however it is also known that our decisions will not please every community member. Our objective always remains to provide our kids with the best educational experience possible, especially during these difficult and unprecedented times. 

The board approved the raise for Soler, lifting his annual pay from $160,000 to $164,800, unanimously near the end of the same meeting where Soler outlined a looming financial crisis for the school district. The governor's office is withholding at least 20 percent of state funding because of the pandemic and that could lead to a revenue shortfall of more than $5.4 million.

The seeming incongruity of the revenue discussion and the board approving a raise for Soler was questioned by members of the local community, so The Batavian asked each board member to provide their individual reasons for approving the raise.

Board President Alice Ann Benedict first responded:

As per School law, we discuss any employee issues in executive session. We had an in-depth discussion. We then put it on the agenda under consent items and voted on the raise. It is a cost of living increase. Three percent of $160,000 is $4,800.

In an attempt to get Benedict to expand on her answer, The Batavian, in a response email, noted that state law allows elected officials to discuss personnel matters in executive session (what some call "secret session") but doesn't require personnel matters be discussed behind closed doors, nor does state law prohibit elected officials from publically discussing their thoughts on matters taken up in executive session.

In a subsequent email, Benedict said the board held a thorough, in-depth discussion about the raise in closed session.

In a follow-up, we asked Benedict about the size of the raise -- 3 percent -- when the inflation rate in 2020 has been less than 1 percent and the consumer price index in 2019 was less than 2 percent.

"We choose a combination of cost of living, merit, and equity," Benedict said. "This was all decided during a very lengthy executive session meeting." 

Peter Cecere apologized for the delayed response because of a significant family matter. He again cited that the discussion was an executive session matter:

All decisions we arrive at are done with the utmost of thought and consideration from all angles and all sides. Many times not easy and often very laborious.

Rest assured we negotiated as a group, of one voice, and consent.

In response, The Batavian again noted that as a matter of law, he is not prohibited from discussing his decision to support a raise. We got no response.

John Marucci also apologized for a delayed response, citing long hours at work, and said:

What I can tell you is that any and all decisions made by the board of education are discussed thoroughly and we come together as a group on decisions that are made. Anything that is discussed in executive session is confidential.

In response, The Batavian again informed Marucci that we were seeking his individual thoughts on the raise and that state law does not prohibit him from answering questions for the public about matters discussed in executive session. He did not respond.

As for Anibal Soler Jr., he acknowledges that the optics of the raise being approved at a meeting where he spoke about the revenue issue -- the executive session where the raise was discussed was at a prior meeting -- don't look good, but he pointed out that:

• His contract includes an annual raise;
• The board was supposed to approve a raise for him in July but Soler asked that the matter be delayed because he was busy dealing with pandemic-related issues in the district;
• Every bargaining unit in the district, the various unions, and other individual administrators have contracts that mandate annual raises. "Should I be the only one to go without a raise?" he said.

Yes, he said, the timing of the meeting, the optics, do not look good but the district, he said, is facing such a serious revenue shortfall that forgoing a $4,800 raise isn't going to fill in the hole.

He said last year he offered to skip a raise if all the other bargain units would forego their raises and the unions didn't take him up on the offer.

David M. Schmieder, 26, of Silver Road, East Bethany, was arrested after he allegedly assaulted a Wyoming County Sheriff's Deputy in the Village of Gainesville last month. At 1:04 p.m. on Sept. 23 Wyoming County Sheriff's deputies responded to a complaint about a man walking down the middle of Route 19, obstructing traffic and acting irrationally. Upon arrival, Schmieder allegedly refused to follow orders and ignored deputies. When one deputy approached Schmieder, the police report says he "forcefully punched the deputy in the head." A short struggle ensued and two deputies were able to take Schmieder into custody. The defendant is accused of being found with an amount of suspected drugs in his mouth, "which he refused to spit out." The injured deputy was transported to Wyoming County Community Health System for treatment of non-life-threatening injuries. Schmieder was taken to Wyoming County Community Health System for "treatment of a medical condition." On Oct. 1 he was released from Erie County Medical Center and arrested. Schmieder was taken to Wyoming County Jail for virtual arraignment in front of Wyoming County Court Judge Michael Mohun. He is charged with: second-degree assault; tampering with physical evidence; obstructing governmental administration in the second degree; resisting arrest; disorderly conduct -- obstructing traffic; and violation of probation. Schmieder was put in Wyoming County Jail without bail on the count of violation of probation. On the other charges, bail was set at $100,000 cash, $200,000 either bond or partially secured bond (same amount).

Hope Marie Grasso, 50, of Haven Lane, Le Roy, is charged with: criminal possession of a forged instrument in the second degree; attempted grand larceny in the third degree; and attempted grand larceny in the fourth degree. She was arrested at 10:04 p.m. Thursday, Oct. 8. Grasso had allegedly possessed two fraudulent checks that amounted to a combined total of $52,800 and she is accused of trying to cash them at a local bank. She was put in jail and was scheduled to be arraigned this morning (Oct. 9) in Batavia City Court. The case was investigated by Genesee County Sheriff's Deputy David Moore.

Francisco Martinez Jr., 47, of Maple Street, Batavia, is charged with: open container of alcohol on public property; petit larceny; two counts of endangering the welfare of a child; and second-degree harassment. He was arrested after an investigation into a disturbance at 3:38 p.m. Oct. 3 in Austin Park on Jefferson Avenue in Batavia. He was released on an appearance ticket and is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Adam Tucker.

Nateeka M. Gibson, 31, of Tracy Avenue, Batavia, is charged with burglary in the second degree -- illegal entry into a dwelling, and disobeying a mandate of a judge. Gibson was arrested at 3:24 p.m. on Oct. 4 on Washington Avenue in Batavia after allegedly unlawfully entering the home of a person with a complete stay away order of protection. Gibson was arraigned in Batavia City Court via Skype and released under supervision of Genesee Justice with a 24/7 house arrest order. Gibson was due to return to court on Oct. 8. The case was handled by Batavia Police Officer Miah Stevens, assisted by Sgt. Dan Coffey.

Mark Theodore Helm, 39, of State Street, Batavia, is charged with second-degree harassment. Helm was arrested on Oct. 5 after an investigation into an incident that occurred on State Street at 3:10 on Sept. 28. Helm is accused of pushing and punching another male during an altercation. Helm is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman.

David James Leroy, 28, of Gabbey Road, Pembroke, is charged with second-degree harassment. He was arrested at 1:24 this morning, Oct. 9, after an alleged altercation with another person. Leroy was released with an appearance ticket to be Pembroke Town Court on Oct. 21. The case was handled by Genesee County Sheriff's Deputy David Moore.

Zachary V.D. Seeley, 23, of Lyman Road, Bergen, is charged with aggravated criminal contempt. He was arrested on Oct. 5 following an alleged violation of an order of protection that occurred at 9:09 p.m. Sept. 26 on Ellsworth Avenue in Batavia. Seeley was arraigned in Batavia City Court via Skype then put in jail "until his return date" to court on Nov. 19. The case was handled by Batavia Police Officer Sean Wilson, assisted by Sgt. Dan Coffey.

Jeffery Robert Roth, 54, of South Main Street, Oakfield, is charged with second-degree criminal contempt for allegedly disobeying a court order. Batavia Police Officer Peter Post arrested Roth on an active arrest warrant out of Batavia City Court and the defendant was arraigned on Oct. 4 via Skype. Roth was put in jail on $2,000 cash bail or $4,000 bond and is due back in court on Nov. 5. Post was assisted by Batavia Police Officer Kevin DeFelice.

Grace C. Murray, 21, of Hawks Road, East Bethany, was arrested Oct. 2 after she turned herself in at Batavia Police Headquarters on a bench warrant out of Batavia City Court. It was issued after she allegedly failed to appear for sentencing on an undisclosed matter on Sept. 15. Murray is to return to court on Oct. 15. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

A customer at the Sunoco Gas Station and convenience store adjacent to the MacDonald's on East Main Street in the city called police after allegedly being harassed by a clerk there.

She told a dispatcher she was harassed and when she attempted to buy something, the clerk "told to get out of the store, and starting swearing at her. He's outside now recording her" on his cell phone.

The customer is inside her red Pontiac Vibe and two police units arrived on scene a couple of minutes ago.

A caller to dispatch reports that a group of juveniles on North Spruce Street in the area of North Street were taking down Biden political signs and replacing them with Trump signs.

They are riding bicycles and skateboards. The caller says a neighbor is one of the people whose sign was replaced.

City police responded to the area but with "negative results" -- the youths left.

UPDATE 1:30 p.m.: A caller to dispatch reports a group of kids on bicycles are in the area of Chase Park and Elm Street "with a large amount of election signs." An officer is out with the juveniles now.

From St. Paul Lutheran Church & School:

St. Paul Lutheran Church & School is hosting a drive-thru Chiavetta's Chicken BBQ this Sunday, Oct. 11 from 11:30 a.m. till sold out.

It is located at 31 Washington Ave., Batavia.

Tickets are $12 per dinner, which includes chicken, potato salad, macaroni salad, roll & butter.

Presale tickets are available by phoning Diane at 356-8789 or the Main Office at 343-0488. (School families can send in an envelope addressed to M. Keberle containing your name, payment and number of tickets.)

You can also purchase tickets the day of the event at the drive-thru.  

"We hope you all will participate in supporting St. Paul Church and School!"

Batavia-based funeral director Michael Scott Tomaszewski was arraigned on 15 new charges in Genesee County Court this morning as a result of the continuing investigation of his business practices.

He owns Michael S. Tomaszewski Funeral Home & Cremation Chapel, Acme Holdings of NY Inc., which owns the building that houses his funeral home on West Main Street Road, and adjacent property, including the Dibble Family Center.

On July 23, the Edgewood Drive resident, 48, was charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services for 91 customers.

Since his initial arrest, 11 additional victims came forward.

Today's virtual arraignment via Skype in front of Judge Charles Zambito was for:

• Seven counts of third-degree larceny (Class D felony);
• Grand larceny in the fourth degree (Class E felony);
• Three counts of petit larceny (Class A misdemeanor); and
• Four counts of failure to deposit monies (in violation of NYS General Obligations law).

According to the report from the Genesee County Sheriff's Office, Investigator Christopher Parker states the new charges "represent additional allegations concerning conduct related to monies paid to Tomaszewski for prepaid funeral and grave markers which were not used for their intended purpose."

In February, Tomaszewski filed for bankruptcy for Acme Holdings under Chapter 11 in Federal Court. He has also filed for personal bankruptcy.

Following today's arraignment, Tomaszewski was released on his own recognizance.

The investigation is continuing.

Anybody who wishes to check the status of any prepaid account can call (800) 577-3752 to verify the existence of a preplan account. Anybody who believes they are a victim is asked to call the Sheriff's Office at (585) 343-5000.

Previously:

Local funeral director charged with stealing money from customers

Sheriff's Office looking into report that Tomaszewski improperly handled stillborn baby's remains

Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains

People who think they were defrauded by Tomaszewski should hire an attorney with expertise in bankruptcy, advises law professor