The Genesee and Orleans County Health Departments (GO Health) are warning residents to stay away from wildlife and stray animals.
“Due to the mild winter and warmer temperatures, there has been a rise in the instances of people encountering wild animals and strays throughout Genesee and Orleans Counties,” stated Paul Pettit, Public Health Director for GO Health. “In the past month, several residents have required rabies treatment following an animal encounter.”
Rabies is most often found in wildlife such as raccoons, bats, and skunks, but pets can be at risk of the virus too. “If you see an animal in need, even if it is a baby animal, avoid touching it and contact animal control, stated Darren Brodie, Environmental Health Director for GO Health. “It is also important to keep your pets up to date on their rabies vaccination.”
Rabies can be fatal if left untreated. It can be transmitted through direct contact with saliva through broken skin or mucous membranes in the eyes, nose, or mouth.
If you are bitten by an animal, wash the wound immediately with soap and water and seek medical attention. All bites should be reported to the Genesee and Orleans County Health Departments.
To prevent the spread of rabies, the health department reminds residents to take the following precautions:
Keep your pets up-to-date on their rabies vaccinations
Obey leash laws. Keep your pets under direct supervision and on a leash so they do not come in contact with wild or stray animals. If an animal bites your pet, seek veterinary assistance for the animal immediately and contact the health department.
Avoid contact with wild or stray animals. Do not handle, feed, touch, or attract wildlife (raccoons, skunks, bats, bunnies, rabbits, and foxes) or stray dogs and cats.
Never adopt wild animals or bring them into your home.
Prevent bats from entering living quarters. If you find a bat in your home, safely capture it and call the health department. DO NOT release it! For a video on how to safety capture a bat, visit https://www.youtube.com/watch?v=puP8qbATPKg
Call your local animal control agency to remove any stray animals from your neighborhood or if you see an animal showing signs of rabies. Signs of rabies in animals may include aggression, excessive drool or saliva, confusion, hair loss, and loss of movement or function.
Residents are encouraged to take note of our upcoming drive-thru rabies vaccination clinics for dogs, cats, and ferrets in Genesee and Orleans Counties which are offered at no charge.
Genesee County Rabies Clinics at the Genesee County Fairgrounds (5056 East Main Street, Batavia)
Thursday, May 16, from 4:00 to 7:00 p.m.
Thursday, August 8, from 4:00 to 7:00 p.m.
Thursday, October 10, from 4:00 to 6:00 p.m.
Orleans County Rabies Clinics at the Orleans County Fairgrounds (12690 State Route 31, Albion)
Saturday, April 13, from 9:00 to 11:30 a.m.
Wednesday, June 5, from 4:00 to 6:30 p.m.
Saturday, August 10, from 9:00 to 11:30 a.m.
Saturday, October 19, from 9:00 to 11:30 a.m.
For more information on GO Health’s programs and services, visit GOHealthNY.org. You can also contact your respective health department:
There they were: a dozen frightened, skinny, matted, shaking dogs — mostly poodles or poodle mixes — desperate for food, medical care, flea treatment, and, most of all, a loving and safe home.
Lucky for them, they were rescued by Genesee County dog control officers and delivered into the caring arms of Volunteers For Animals. From that moment on, those little guys and gals received much-needed baths and grooming, veterinary attention, dental work, and one by one — or in some cases, two by two — they were adopted to forever homes.
It would be nice, perhaps, to think that this was an isolated case of animal neglect or abuse; however, there are many more stories. And for each one that volunteers share, they also share a smile when it ends in adoption.
“It’s the happiest thing ever to see one walk out the door, and when the right family comes along, we say ‘yay, they got adopted,” VFA member Marcy Colantonio says.
Colantonio feels so strongly about the nonprofit that, in addition to being a member for the last seven years, she nominated the group for the Chamber of Commerce Special Anniversary Recognition of the Year Award.
“I think we do so much for the community and for the cats and the dogs. You know, this isn't home. And they need people to speak for them to help them find the right homes and the perfect homes for them. They don't need to be sitting in a kennel or in a cage, and I just like to promote this,” she said. “All we do, we take care of them, make sure they have a good life here, but it's not the best life. Ideally, they all need homes. So that's why I'm here, to help them find the perfect place for them.”
In 1984, there was an eager and active group of caring individuals who wanted to help four-legged creatures, and so it formed a nonprofit that, as the name implied, was truly about Volunteers For Animals.
Those volunteers began at the modest — and often described as sad — shelter on Mill Street on the south side of Batavia until a new one was built in 2001. Ever since that first day, they have been cleaning cages, doing laundry, washing dishes, feeding cats and dogs, ensuring they get proper medical treatment and tests, and taking the pups out for regular walks, greeting and screening prospective adopters and — the most gratifying job of all: watching temporary shelter guests go home with their new families.
In more recent years, VFA has focused on fundraising for a strong spay and neuter program so that animals don’t reproduce and potentially create more unwanted innocent offspring. But all of this seems so clinical compared to what actually goes on at the shelter on Route 5 in the town of Batavia.
Amidst the feedings and tests and medical treatments — all valid in their own right — are the dozens, or hundreds, of stories, the tears, the smiles, the laughter, the compassion of people, pulling for an animal’s victory from abuse, abandonment, neglect, and putting in tireless effort, whether it’s to provide hands-on care, map out successful fundraisers or promote the nonprofit and shelter occupants.
Colantonio joined for a reason familiar to most others: because she had a heart for the work.
“I wanted to do something for the animals, I knew someone who always shared good things about Volunteers For Animals and she said give it a try,” Colantonio said inside the adoption visit room at the shelter. “I fell in love with it.”
She has adopted a beagle and cat from the site, and as she and fellow volunteers Angie Knisley and Wendy Castleman began to think of rescue stories, the names just rolled off their tongues.
There was Gigi, a white pitbull mix who had been at the shelter for 300 days and went through the Pathways to Home program, Ricky the cat, who was very sweet and landed a wonderful home eventually, Brad Pit, who was involved in an unfortunate long-term court case who had to remain at the shelter until the case was resolved, and was adopted once it was over.
And Ruffles, a pretty tiger cat, who came in as a stray with a bad uterine infection.
“Within days, you could tell she was feeling much better,” Castleman said. “She would’ve died on the street. She simply needed to be spayed.”
Colantonio and Knisley waved and smiled as Ruffles and her new pet parent said goodbye and left the shelter.
Castleman, who has been a member for two decades, said that VFA used to be mostly focused on the shelter itself and has expanded outward into the community, with a satellite location for cats at PetCo, a low-cost spay and neuter program, and the Path to Homes program, which began in 2018, with selected dogs being placed with inmates at Albion Correctional Facility and volunteer trainer and VFA member Tom Ryan working with them to prepare the dogs for adoption.
Way before then, however, when Hurricane Katrina struck New Orleans in 2005, VFA answered the call for those residents who not only worried about their own lives but the lives of their beloved pets left behind in the massive flooding.
“Things seemed to change with Katrina. There was a huge shift, and there was a more of a recognition that there were places that had large volumes of animals that needed to be adopted and were adaptable,” Castleman said. “And for me, personally, it was a huge game changer. And I think those core volunteers are still very active. And to include the community and make it a more positive experience for both the public and the animals.”
Those rescues became a big source of news and more happy local adoption stories as volunteers drove dogs back to Batavia to a safer harbor. They have continued to snatch dogs from the jaws ofhigh-kill shelters in other states for quick turnaround adoption times, as folks here always seemed eager to help out and welcome a four-legged into their own homes.
There’s a core of about 30 volunteers — some committing once a week and others more or less often — with 40 foster families tending to kittens to free up space for adult cats in the shelter but willing to bring the young ones in for visits when needed.
“We have a really good adoption rate because of the public; people think about adopting,” Knisley said. “I think, too, the gratitude that we feel towards the volunteers themselves because our volunteers come in and cover every day of the year. Somebody is here helping, and it's such an important integral part of us is having people here, and besides the wonderful donations that we get with the money to do what we do, it's the people.”
They are proud to say that 95 percent of every dollar donated goes directly to help the animals in Genesee County and the surrounding area, and there are no salaried employees in the organization. The breakdown for 2023 includes 76 percent for veterinary care, which was $170,827; 17% for medications, vaccine and food supplies, or $37,856; 5% for fundraising, $11,047; and 2% for rescue dog fees, or $4,560.
It is rewarding, emotional and sometimes difficult being an animal welfare volunteer, Colantonio said.
“We see the best of humanity and the worst of humanity,” she said. “From being saved from an abusive situation, rescued from a hoarder home to simply taking in a pet that is no longer loved or wanted, the well-being of the dog or cat is always our first priority.”
One of those situations involved a barely recognizable pooch that came to the shelter with so much puss from infections that he had to stay in a bathtub for a while, Castleman said.
“His ears and mouth were pouring with puss,” she said.“We took him to a vet clinic, and the vet said ‘we can clean it up, he needs antibiotics, vet care and he had dental work.”
While the prognosis was iffy, and the amount of grotesque puss was “heartbreaking,” that dog turned out to be a “gorgeous Pomeranian.” His name was Nook, and he was most definitely a cutie. He proved positive that miraculous transformations can take place for what might seem like a hopeless cause.
It was the same for those dozen poodles, rescued from a hoarding situation. Most of them recovered and were adopted, including two little girls who went on to live for nine years with a local reporter. They had major dental work, anxiety, social issues, inability to take stairs, walk on a leash or hold down their meals many times or remain housebroken, but were loving, comfortable and loved.
“They just rebound,” Castleman said.
After all, that’s what Volunteers For Animals, celebrating its 40th year, is all about: hope for hopeless animals.
A devoted leader and public servant passionate about his community and what he does, those are a few descriptions for retired Sergeant Dan Coffey, who was given a belated proclamation and best wishes from the City Council this week for his 20 years of service with the Batavia Police Department.
Coffey walked out the door of 10 W. Main St. for his Jan. 5 retirement this year after a career that put him in positions of police officer, field training officer, general topics instructor, lead firearms instructor and having served on the department’s emergency response team, before being promoted to sergeant in June 2012.
He took command of the first platoon soon afterward. He was in charge of the department’s fleet of vehicles, credited for being “integral in the day-to-day operations of the department,” for taking on many projects, and for serving his community and the department with passion and dedication.
A lifelong city of Batavia resident who graduated from Notre Dame High School, Coffey attended Genesee Community College and obtained an associate degree before he earned his bachelor's degree in criminal justice at Brockport State College.
He began his career as a police officer at the City of Batavia Police Department on Oct. 5, 2003. His other career experiences include time as an emergency services dispatcher at Genesee County Sheriff’s Office, a manager at a local restaurant, and as a former chief for the Town of Batavia Fire Department, where he continues to volunteer.
The public has recognized Coffey with “many appreciation letters and positive comments,” the resolution read. He is a past recipient of the Kiwanis Club Criminal Justice Award and has received other departmental awards, the proclamation states.
He has also distinguished himself as a leader and mentor within the department and the city of Batavia, it states.
“Now, therefore, in a true spirit of appreciation for 20 years of dedicated service to the city of Batavia, City Council makes this proclamation to sincerely thank Daniel J. Coffey for his dedicated service to our community and to wish him well in retirement,” City Council President Eugene Jankowski Jr. said, reading the proclamation to Coffey during Monday’s conference meeting.
Coffey accepted the citation from Jankowski, a fellow retired police department member, and said a few words to the audience, which included some department personnel.
“Thank you very much for the sentiment. I really do appreciate it,” he said. “It was a good career. I enjoyed working for the city of Batavia, and it really does mean a lot to me that my service was recognized. I really do appreciate all the people here. Thank you.”
His retirement did not last long. Coffey was hired in January as director of campus safety for GCC in Batavia.
The horses lined up for the final time this winter at Batavia Downs on Monday (Feb. 26) and the card featured a $12,000 conditioned pace that was won by Ball Diamond (Keith Kash Jr.), who claimed her second win of the year.
Ball Diamond got away in the pocket behind Lanas Desire (Dave McNeight III) who paced to the half in :58.1. There, All About Lynx (James McNeight Jr.) was rolling on the outside and eventually drew even with the leader around the last turn, just before heading into the stretch. But both horses were soon to be passed by the tripped-out Ball Diamond, who found clear sailing by the pylons and bolted to the line, ahead by one-half length in 1:56.2.
Ball Diamond ($8.90) is owned by Bruce Soulsby and Dannie Hostetler and is trained by his driver Kash.
Kash accounted for three driving wins on Monday after also winning with So So Incredible (1:56.1, $5.40) and Long Legged John (1:57.3, $11.60), who he also owns and trains.
Monday's card concluded the 2024 winter racing meet at Batavia Downs. Live harness racing will resume at The Downs on Saturday (July 27) when the summer/fall meet kicks off.
Whether they were about dirty roadway medians, lackadaisical city management, confusing water bills, misspoken words from a colleague, ongoing pokes to council members gone quiet, or in defense of a perceived job well done, comments were plenty and varied Monday evening at City Hall.
Sammy DiSalvo picked up the gauntlet on behalf of a group of citizens that gathered two weeks ago to discuss a mix of concerns, from ugly city entrances and Batavia’s bedroom community persona to a lack of better-paying jobs, less empathy for the taxpayer and a potential plan to tap nonprofits to pay a fee for city services.
Frank Loncz, one of four speakers during Monday evening’s conference session, didn’t speak for long, but that wasn’t the point. “If you don’t show up to say something, then don’t complain about it,” he later said.
Although he’s not a city resident, he does own rental properties and wanted to know how the water system works when both the water and sewer operate from one meter but are separated on his bill.
“And for the one rental that I’m working at, I get a quarterly bill for $36.37, and I’m not using any water at all,” he said, pointing to the proposed 2-cent tax rate increase. “It’s like, okay, if nobody's here to speak, it’s very easy to get, you know, two cents. Okay, what happens the next time? It's like, we went through that, we didn't have any complaints, not a lot of people were really interested, let's make it a nickel, or, you know, that's something we could go back to all the time. It's like, if people don't come out and speak about it, nothing changes. Everybody’s just fat, dumb and happy.”
DiSalvo questioned Batavia’s direction, especially given that he couldn’t find an updated strategic or comprehensive plan on the city’s website, he said. The latest version was from 2017, except for a 2023-24 pdf.
“Whatever direction y’all want is not recently updated for us to read. It’s not transparent. Cities like Oswego laid out solid plans, such as a city map with each of the coming years highlighted in a different color, and then Oswego color-coded which street projects were in the pipeline for the next five years, available on their website,” he said. “This is full transparency. North Tonawanda supported their farmer’s market so intensely that it was voted one of the best in the nation. It feels like much of our current strategic plan is loose with timeframes and wishes. Commitment is difficult in case you miss deadlines, I understand, but that doesn’t mean it should be avoided.”
He made some suggestions, including a citizen survey and watchdog group that would monitor council to ensure there is sufficient communication and transparency between the city leaders and residents. He said that he hopes council members hear his words and consider taking action to alleviate the mistrust that exists amongst constituents.
“Whether you think anything I have said is true or false, the fact is people are perceiving things this way and are unhappy with how some things are. The sign of a good leader is not to defend but to say, ‘I hear people's perceptions of what is happening. I hear the complaints over what we are or are not doing. I hear that people are upset with X or Y. I see that people don’t trust us for right or wrong reasons. We need to change things we do and do better so these complaints and perceptions don’t exist, and so we better fulfill our role,’” he said. “That is what I hope council walks away from this meeting with.”
City resident John Roach has continuously poked the bear in terms of seeking clear-cut answers from council members Bob Bialkowski and Tammy Schmidt, both of whom previously said they wouldn’t vote for any tax rate increase. He has asked before and again on Monday for what exactly they would cut to keep the tax rate flat. Neither council member responded.
Bialkowski did speak up just as the group was going to begin the budget public hearing, as he wanted to clarify that, as a member of the Audit Advisory Committee, he didn’t review and approve of the 2024 budget. In fact, that committee only reviewed the 2022-23 budget, Bialkowski said.
Councilman-at-Large Rich Richmond had said during the last council meeting that Bialkowski was good with everything in the budget per those Audit Advisory meetings.
“This has nothing to do with that. We were in total compliance, and we met all the goals. We were continuing to contribute to the reserves, the auditors gave a very high grading, and it had nothing to do (with the upcoming budget),” Bialkowski said. “We discussed the upcoming budget in budget workshops.”
"Just as a rule, I don't know how other council members feel. But if I could have a zero budget or a zero tax rate, we would. But we look at our core services, and we look at the expenses to maintain those services. Then, we come up with a tax levy based on our other incomes, our other grants, and our other sources of revenue. And we do the best we can,” Jankowski said. “There's been some years where, for example, when the nursing home became on the tax rolls, we lowered taxes that year because that made a big difference in our tax levy. So we tried to keep it as low as possible based on the need.
“So it's not just two cents. Last year, it was zero. And the year before that, I believe it was zero. And now we can't maintain that with all the increases; we just can't maintain it. So we have to do something,” he said. “And I'm not for laying off any police or firemen or public works people at this point. We're at bare bones as it is. So this is where I stand.”
No one spoke during the budget hearing itself. Council is expected to vote on the $37 million budget during its business meeting on March 11. The budget includes a proposed 2-cent per 1,000 assessed property value increase or $2 a year for a home assessed at $100,000. There is also a proposed 19 cents per 1,000 gallons of water increase and an $8 water meter increase.
NOTE: This week, The Batavian is highlighting the annual Chamber of Commerce Award winners with a story daily through Friday. The awards dinner is Saturday evening at Batavia Downs.
Perhaps an 11-year-old Ryan Duffy could have predicted that he’d be championing the preservation of valuable artifacts and would be involved somehow in the back stories of how historical exhibits and programs came to be presented to the public.
“I always leaned toward that, and then we went to Gettysburg that cemented it. I saw the park rangers giving tours. The seed was there that made it a reality; it wasn’t just about learning the facts; it was something you could actually do. I’ve been directing myself toward that from then on,” Duffy said.
Chosen in 2017 as executive director of Holland Land Office Museum, Duffy has now been named on behalf of the museum for the Chamber of Commerce Special Recognition of the Year Award. He shared the credit with Curator Tyler Angora, who has zealously bitten off the entire museum collection to sort through and organize for a multitude of exhibits now and into the future.
Duffy’s folks are well aware of his own enthusiasm for the job, and they have visited the site at 131 West Main St., Batavia “many times,” he said. They are the ones that got the ball rolling by taking him on that family trip to Pennsylvania to the famous Gettysburg National Battlefield and National Military Park, with a museum and visitor center, Civil War artifacts and a memorial to mark the site of Abraham Lincoln’s 1863 address.
It was only 21 years later when the Holland Office Museum was established; it celebrates a 130-year birthday this year. Back when Duffy was hired, the museum had come to a standstill, which meant handing him the keys to drive it wherever he could imagine.
“It was kind of a blank slate. We were starting from scratch, putting new energy and new programs into it,” he said. “It was waiting for a new perspective. One of the first things I tried differently was a regular guest speaker series and trivia nights. It took a little time to build an audience up.”
Other programs were Java Joe, concerts, Murder Mystery Dinner Theater, and taking the show on the road, so to speak, as Duffy and some board members have visited groups upon request to share what’s happening at the museum and talk about local history.
Did everything take off immediately? It did take a while to “get our name out there,” he said, and build up a customer base. But then that base began to spread out to Rochester, Buffalo, and even farther out to Syracuse.
“It was about growing that. People have responded … our audience more than doubled, our overall visitor ship attendance and programming,” he said. “We added about 100 members as well. All of that has kept progressing in the right direction.”
An award nomination stated that the museum’s importance goes well beyond being “just a museum,” and in recent years, it has grown into a full-fledged community center, given all of the activities taking place there.
“This year, Director Ryan Duffy and Curator Tyler Angora have been busy updating the exhibits to breathe even more life into the displays inside the museum. Tyler has brought his youthful energy to bring to life the lives of our predecessors, particularly in the ways they dressed,” volunteer Richard Beatty said, adding that Duffy has extended the museum’s reach by writing columns, producing videos and going into the community with his and volunteers’ presentations.
Duffy did also attempt to reel the antique show back into the fold, holding it at Batavia Downs, however, that darned COVID struck again, ruining yet another event, and “it fizzled out.” Duffy picked his battles and let that one go. “A lot is trial and error,” he said.
Meanwhile, though, he said he feels that the reputation of the museum “has come a long way” as an asset to the community since he took the lead.
“And how people perceive us. Many more people notice us and take notice of us,” he said. “As a director, I’ve taken ownership … I’ve been the frontman; it’s my responsibility to make that happen. I’m very proud to make that happen and where we’re going to go. I’m hoping to continue a lot of progress of … the collection area, grow our outreach and membership. And grow into a wider area and become more of an attraction. Our base is here in Genesee County, but the Holland Land Purchase is all of Western New York.”
That means he’s eyeing from Rochester to Buffalo and down to the southern tier.
“We're definitely seeing an uptick from people coming from areas outside Genesee County, and just our engagement, even if they're not visitors, but looking for research or wanting us to come and talk to them,” Duffy said. “And we get those kinds of calls from as far away as Syracuse, so we are getting our name out there. And that's what we want: the more people who know about us, the more people that will make the trip.”
Angora is planning to complete his master’s degree in history at Brockport State College in spring 2025, and has been full steam ahead since taking on the role of curator in 2023. The museum’s collection hadn’t been a priority up to that point, he said, so he “really took the reins” by organizing the upstairs area and unearthing buried treasures that had been there all along.
“There’s a clothing collection, Emory Upton items that were donated by his nieces, it keeps growing every day. We added 1,000 objects,” he said. “For the eclipse exhibit, 98 Years Since the Sun Went Out, people are seeing new parts they’ve never seen before.”
A grant has made it possible to digitize the entire 20,000-piece collection so that anyone will be able to view it online. That’s exciting, Angora said, because “it will allow accessibility” to any person with an interest or a research project to go to the museum’s website and view those artifacts for the first time. That should be a reality by the end of summer.
Also, later this year, Angora is hoping to do his long-awaited tours of the entire collection upstairs — a “behind the scenes” sort of take — that he’s been grooming ever since he began.
“It’s been exciting. It's been challenging. It's been everything encompassed in one kind of jar,” Angora said. “But overall, it's been an amazing experience to work with a collection that has so much history and a city and a county that has so much history tied to it that a lot of people don't know about. So being a part of getting people to know that history has been something quite fantastic.”
The work will never end, he said, but that’s a good thing. There are programs to come for the next several months.
Along with those coming months is an eventual expansion of the building on the west end toward the parking lot. A museum study made several suggestions to improve and preserve the old site, one being to add some much-needed space for a gift shop and to extend an exhibit room, Duffy said.
In a nutshell, it’s about “looking good and being sound,” he said.
“Our expansion is looking at accessibility, breathing room, able to show off what we’ve got here for a better visitor experience,” Duffy said. “The county is dedicating funds to deal with the building, and we’re excited and very appreciative of that.
“Well, we're very honored to be recognized by the chamber. It is always a good feeling when people take notice of what you're doing. And especially see it as a positive aspect in the community. We always felt like we were a hidden gem, and it's nice to know that we're not quite as hidden anymore. And that the community appreciates what we do, because it's our first goal is to tell the history of our community,” Duffy said. “Tyler's got a long list planned out for the next few years too, I think, that will be very exciting for everyone. We're growing our partnerships and, with that, trying to create new programming or expand the programming that we currently have.
“And just to be more exciting,” he said. “We’re really working towards making this place, creating a more vibrant atmosphere, a more welcoming atmosphere, that people will want to be here and be a part of what we're doing because we feel that we're on the way to some really big and important things.”
The 52nd annual Genesee County Chamber Awards ceremony will be at 5 p.m. March 2 at Batavia Downs Gaming, 8315 Park Road, Batavia.
Crossroads House has hired a new executive director after the gap was temporarily filled by interim director Tom Staebell in July 2023.
The nonprofit's leaders happily announced the news Monday that they have found Tracy Ford, who "stood out from a pool of excellent candidates."
"We are pleased to announce that after a very intentional and thorough search, aided by a selection committee consisting of several community leaders and one of our very own volunteers, we have hired a new Executive Director to lead Crossroads House as we head into our second quarter century providing premier comfort care to our residents," nonprofit leaders said.
Ford is to take the helm on March 4, but not before she gets her feet wet with an introduction at 9 a.m. Tuesday on WBTA.
Several Downtown businesses were packed on Saturday evening with a parade of beer tasters who signed up for the Business Improvement District's annual FeBREWary events.
NOTE: This week, The Batavian is highlighting the annual Chamber of Commerce Award winners with a story each day through Friday. The awards dinner is Saturday evening at Batavia Downs.
Carrying on and expanding the farm operation started by their grandfather a half-century ago, Travis and Levi Offhaus are proud of the team they have put together at Offhaus Farms, Inc., 7892 Oak Orchard Rd., in the Town of Batavia.
“It has been a team effort, not just the owners or managers,” said Levi, during a sit-down interview with The Batavian in light of the 2,000-acre dairy/crop farm being selected as Agricultural Business of the Year by the Genesee County Chamber of Commerce. “It’s an honor (to get this award). We all try to do our best day in and day out in every aspect.”
Offhaus Farms will be honored on March 2 at the chamber’s 52nd Annual Awards Ceremony at Batavia Downs Gaming on Park Road.
Other honorees are Alabama Hotel, LLC, Business of the Year: Volunteers for Animals, Special Anniversary Recognition of the Year; Holland Land Office Museum, Special Recognition of the Year; and Michelle Gillard, Geneseean of the Year.
Brothers Travis and Levi, along with their uncle, Scott, are partners in the business, which currently milks 1,400 cows per day – producing 110,000 pounds of milk each day – and farms 1,200 acres of corn and about 800 acres of hay.
The operation has come a long way since its beginning in the early 1970s by their grandpa, the late Gordon Offhaus, who was respected for his contributions to various causes throughout Genesee County. Gordon passed away in June 2022 at the age of 86.
“My grandpa was my hero from as long as I can remember,” said Travis, 34. “I was always trying to be like him. Later on, I realized the way he treated people. He gave everybody the time of day.”
Graduates of Royalton-Hartland Central School, Travis and Levi joined the family business in 2010 and 2012, respectively.
“Growing up in farming, I always enjoyed the ag business,” said Levi, 30, noting that Offhaus Farms has 25 full-time and five part-time employees in areas such as calf feeding, milking, herdsmen, nighttime managers and field crew.
Office Manager Annie Selapack is in her 20th year with the company.
While maintaining a large farm means “wearing many hats,” Travis primarily is in charge of overseeing the dairy portion, Levi coordinates the crop growing and harvesting and their sister, Liz, manages the calves and the milk culturing lab.
Travis said that the farm is affiliated with the Dairy Farmers of America and ships its milk to HP Hood and to a plant in Pennsylvania.
Nominated by Chamber’s Ag Committee The Genesee County Chamber of Commerce’s Agricultural Committee, in nominating Offhaus Farms, recounted the farm’s history and credited its current success to the “dedicated people who come to work every day on the farm.”
“Throughout the years, Offhaus Farms has also developed strong relationships in the community and with area businesses that have been invaluable to the sustainability of the operation.”
It all started back in 1959 when Gordon Offhaus took out a loan for $1,800 and bought 18 cows, and rented a farm on West Blood Road in Erie County. By 1972, he had grown the farm to 45 cows, but he was still in the rented facility.
With a desire for a place of his own, Gordon and his brother, Bruce, started a joint venture and a new location. They found a good farm on Route 98 in Batavia and decided to buy it. Bruce and Gordon entered into a partnership with Ken Hall, whose father was the previous owner of the farm.
Together, Bruce and Gordon milked about 120 cows at the new locations. Things stayed that way until 1980, when Bruce decided to strike out on his own. This opened the door for Gordon’s youngest son, Scott, to join the farm in 1984. Working together, they increased the herd size to 800 cows by 1994.
In 2000, Gordon and Scott bought out Ken Hall’s estate, taking ownership on their own.
As indicated previously, Travis, Levi and Liz joined the operation and continue to chart its course today, along with their uncle, Scott.
The Genesee Amateur Hockey Association hosted 37 registered youngsters as well as five “walk-ins” at the David McCarthy Memorial Ice Arena on Evans Street on Saturday for a Try Hockey For Free Event as part of “USA Hockey Week Across America,” which was celebrated at 285 ice areas across the entire United States.
Starting at 10:40 a.m. and going until noon, local youth, ages 4 to 9, were welcomed at the rink to experience getting on the ice, learning how to “skate”, getting up after falling, basic skills with a hockey stick and shooting punks into a hockey net (all by being guided by the head coach and on-ice helpers). This year, the youngsters had the experience of shooting on actual goalies.
“We welcomed families to McCarthy Ice Rink from Batavia, Buffalo, Byron, Corfu, LeRoy, Nunda, East Bethany, Alexander, Byron, Brockport, Albion, Wyoming, Rochester, and Elba to try our great sport of ice hockey,” said Sharon Gray, coordinator of the “Try Hockey for Free” event.“Our goal is for these families to enjoy watching their kids learn new skills with big smiles on their faces and for the youngsters the on-ice experience.”
The head coaches for today’s event were Tim Sprague and Dan Calkins – both with more than 30 years plus starting out as GAHA players, high school players and GAHA coaches over the years. Most of the on-ice helpers were from this year’s Batavia-Notre Dame United high school team along with their coaches – Marc Staley and John Kirkwood.
The youngsters were excited to be coached, aided and skating with these local athletes. Also on the ice were coaches and players from the GAHA organization. The beginning of the event featured the playing of the National Anthem, and the little people stood so proudly alongside the BND players!
The event is hosted by Try Hockey for Free Coordinators, Sharon and Bob Gray, and the GAHA Beginner Player Coordinator, Marcia Barnes, on behalf of the Genesee Amateur Hockey Association, which provided the ice, and the McCarthy rink staff, Katie Murray (general manager), Matt Gray (rink operating manager), and their staff.
It is the team’s goal to provide the hockey experience to area youngsters free of charge and encourage them in October to become a player in the GAHA Beginner Program, which starts the first week of October.The Beginner Program consists of two sessions (October to December and January to March) with a total of 15 on-ice hours per session.
The skates used by the youngsters were provided “free of charge” by the McCarthy Rink Management Group.
USA Hockey’s Try Hockey program, with the support of the National Hockey League and NHL member clubs, among others, is designed to provide youth hockey associations with a national platform for introducing children to the sport, free of charge.Pure Hockey (sponsor of USA Hockey) provided free USA Try Hockey jerseys to each child.
MARK YOUR CALENDARS:THE NEXT THFF EVENT WILL BE THE FIRST SATURDAY OF NOVEMBER 2024!!!
Casper Stewart did something on Saturday that nobody else in Batavia High School history has ever done before -- win a state championship.
He was crowned the Division II 145-pound champ after beating Kieran Cullen (Greenville, Section II) 4-2 in the finals.
His path to victory included a preliminary win over Turner Sochia (Gouverneur, Section X), a quarterfinals win over Colton Havens (Canisteo-Greenwood, Section V), and a semifinal win over Riley Monica (South Jefferson, Section III).
He finishes the season with a 52-3 record and a career record of 279-20. He was a six-time state qualifier, finishing third in 2020, 4th in 2022, and third in 2023.
His 279 wins is fourth all-time in career wins in New York State, and his 202 career pins rank him first all-time in the state and #4 nationally.
He is committed to wresting at Army West Point, a Division I program.
by Margaret Quaassdorff, Dairy Management Specialist with the NWNY Dairy, Livestock, and Field Crops Program
Are you a dairy producer interested in on-farm dairy processing? Looking to diversify your operation with direct-to-consumer sales? Interested in value-added production? Well, hop on the bus – we’re headed East!
On March 13 and 14, Katelyn Walley and Margaret Quaassdorff from Cornell Cooperative Extension will be hosting a tour of value-added dairy processing facilities in Eastern New York.
The tour will include at least 6 stops and will depart from CCE-Genesee in Batavia on Wednesday, March 13 at 8:30 a.m. We will overnight in Cobleskill, and the tour will conclude on Thursday, March 14 at 9 p.m.
The cost to register is $100 and can be done online by visiting tinyurl.com/CCEDairyTour.
Final stop locations, times, accommodation information, and additional details will be shared directly with the participants after registering (or by request).
Registration is due by Feb. 26. Inquire beyond that date if there are spaces still available.
Tour stops (subject to change) include:
Trinity Valley Dairy (Cortland)
Byebrook Farm (Bloomville)
Don’s Dairy Supply (South Kortright)
SUNY Cobleskill’s Dairy Processing Center (Cobleskill)
King Brother’s Dairy (Schuylerville)
Argyle Cheese (Hudson Falls)
There will be ample time at each tour location to hear about the farm business history and goals, identify challenges and opportunities of value-added production, ask questions, and browse their farm stands and stores. Following the tour, we will provide an opportunity for participants to come back together for discussion groups and educational opportunities.
If you are interested in attending, or need accommodations, and would like additional information, please contact Margaret Quaassdorff at 585-405-2567 or maq27@cornell.edu or Katelyn Walley at 716-640-522 or kaw249@cornell.edu.
Students in Tokyo are accustomed to studying first and asking questions later, so it was a breath of fresh air when Natsumi Sasabe learned the ways of education when studying as an international student at Genesee Community College, she says.
“Back in Japan, my responsibility was to take notes and really knowing something," she said during an interview with The Batavian. "At GCC, so many times students raised their hands and asked questions, and there was an agreeing and disagreeing type of energy.But I think the biggest take out that I got from GCC was that it's ok to ask questions, it's ok to be curious about something it’s, ok to talk, if that makes sense, in the classroom setting where everybody's learning the same thing. But everybody reads the same thing from a slightly different point of view. And that's what makes learning really interesting.
“I became so much more outgoing … open-minded. I think it’s a very cultural thing. I also liked this sense of community, you see everybody everyday, you belong to this group.”
The road from Tokyo After Sasabe finished high school in 2017, she wondered what was next, and since she had always been interested in theater arts and had an eye toward the United States, she searched potential colleges. GCC stood out, she said, for its two-year theater arts program and being “very affordable.”
That’s not to say there weren’t some bumps in the road. Sasabe, now 25, barely knew English when she landed at Buffalo Niagara International Airport. There definitely was a language barrier, and she worked to get up to speed, she said. She laughed when asked if there were any missteps. There’s a Japanese saying that means you are well known that translates to “you have a big face.” She said it once and learned her lesson — her new American friend was quite puzzled as to why she said that.
“She said, ‘What do you mean by that? That’s when I learned I cannot translate from one language to another,” Sasabe said.
She enjoyed gleaning lessons from theater arts professors Norm Gayford and Maryanne Arena, and she still keeps in touch. They can be proud of this 2019 GCC graduate: she went on to Walt Disney World and worked as a performer and dancer at the park until it shut down in March 2020 due to COVID and the pandemic.
Sasabe then returned to Japan and continued pursuing her career in theater and performing arts.But she didn't stay out of the U.S. for too long. She moved to New York City in August 2022 to pursue her bachelor's degree in theater arts at Columbia University, graduating in May 2023. During all of this time, she has been performing in plays and short films.
Loving the culture of hustle “I love being on stage; I love performing. I feel the heartbeat, my hands get sweaty, but I don’t get nervous. I enjoy being stressed,” she said about the constant pressure of finding her next gig. “It has definitely been a hustle. I’m job-hunting all the time. Sustaining a living in New York is definitely hard enough, and finding work is, I enjoy this culture of hustle, I keep saying it’s hard, but I enjoy it being hard.
“It’s definitely not the most stable job. I have to be aiming for, to monitor my life, my world right now, it’s a lot of preparation. I’m thinking about the audition, and needing to rest, it’s a lot of juggling and making sure so many elements are working out fine. I’m constantly in motion; sometimes I wish I could stop and breathe.”
A typical day begins early with a workout, followed by scouting for auditions, then submitting her photos and videos, sneaking in a meal, followed by setting up a camera to record herself doing monologues and dances, often from what casting directors have requested as part of the auditions.
An old actor’s mantra has been that if you’re asked if you can ride a horse, you say yes and then learn how to ride a horse. Sasabe had her own version of this when she showed up for an audition and was expected to dance. But it wasn’t ballroom, which is her strong suit. It was for tap dancing.
“I auditioned for one of the Broadway productions, and I don't know how I missed that information. But they were looking for someone who can tap well, and I have never tapped in my life, but I had a pair of shoes. So I put them in my backpack, and then went to the audition and just faked the shape of it. I did my best, and I'm still proud of it,” she said. “I did not even get a callback. I got caught immediately. And that’s where I learned, I spread myself too thin.”
She has, however, gotten many diverse roles, including for 10 months at Disney’s Animal Kingdom Theme Park, as a dancer in a music video for Japanese singer Ioni, as Ting’an, one of the leads in the film “Black Daisies/White Daisies,” as Kacy in “For Her,” and as a computer graphics designer in a Pretia AR apps commercial.
The Pretia commercial featured her as Sigourney in a mini-plot with fellow app designers and background music reminiscent of a spy movie. With no spoken words, her animated face helped tell the story with a sense of humor. She especially related to the Black Daisies project, a play about the dichotomy of Asian identities and consciousness in one body being separated into two characters –– represented by an Asian name and an English name, she said.
“We're basically playing the same persona but embodied by two different bodies. And that project particularly resonated with me because I'm. Also, I'm a first-generation immigrant in the U.S.,” she said. “So as I learned English or culture in the United States, I felt that I have two different persona whenever I'm speaking English versus whenever I'm speaking Japanese, which is my first language.”
The ongoing role of questions She looks forward to what’s ahead for her while also occasionally taking a look back at what where she’s been and what she may have discovered along the way. She returned to Batavia two years ago to catch up with old friends.
“I wanted to see everybody who helped me go through the journey,” she said. “I definitely want to keep doing what I love, which is performing and working on short film projects in the city. I definitely want to get better; I want to do an on-camera project and act in feature films as a medium. I want to embody the story I find interesting.
“It allows me to question. You have to keep asking questions. You try to understand someone who’s not entirely myself. You have to extend a certain amount of patience; it’s being human, in the sense of being very intimate," she said. "You figure out this person and want to keep doing that on a higher and higher level.”
The finals of the Western New York Trackmaster Series for trotters were held at Batavia Downs on Thursday (Feb. 22) and in the main event, Flyhawk El Fuerte pulled off the upset in the $20,000 TM79 division.
P C Foreign Affair (Jim Morrill Jr.) grabbed the lead from post eight and maintained a gapped advantage through quarters of :28.4, :58.4 and 1:28.4 while Flyhawk El Fuerte (John Cummings Jr.) kept close in the pocket. With no serious threat coming from behind, the top two trotters traversed the last turn, where Cummings tipped Flyhawk El Fuerte and went on the attack. As they entered the stretch, Flyhawk El Fuerte had a full head of steam and blew past P C Foreign Affair to win by 2-½ lengths in a season's best 1:58.3.
Flyhawk El Fuerte ($12.20) is owned by Kathleen Pratt and Andrea Lehmann and is trained by Joe Skowyra, who sent two winners postward on Thursday.
There were also two division finals for the TM74 class.
The $15,000 group was bested by Classic Sunny (2:00.1, $3.70), who was one of two winning drives for Kevin Cummings. Classic Sunny is owned by Anthony Alessi and Fred Yellen and trained Scott Bompczyk.
The $8,000 split was won by Finnick Odair (2:01.4, $3.70) who was driven by Brett Beckwith for owner/trainer Rose Russo.
There was also a trio of Open events on Thursday’s card that highlighted the best horses on the grounds.
In the $15,000 Handicap for fillies and mares, Shecouldbegood N (Kyle Swift) made a first over move at three-quarters trying to reel in the frontrunning Ball Diamond (Keith Kash Jr.). Still trailing by 1-½ lengths at the head of the stretch, Shecouldbegood N paced furiously to the wire and won by one-quarter length in 1:56.3.
It was the 40th career win for Shecouldbegood N ($9.60) who is owned by Michael Milazzo and trained by Candace Bandstatter, who also had two winners on Thursday.
The $14,000 Handicap for male pacers went to Primo Uomo (Brett Beckwith) who led at every station before holding off a late-closing Optical Illusion N (Jim McNeight Jr.) to win by one-half length in 1:54.2, which was a new seasonal mark.
The heavily backed Primo Uomo ($2.60) is owned by Chris and Dale Lawton and trained by David Dewhurst.
Beckwith had a driving hat trick during the card.
Finally in the $15,000 Handicap trot, E Street (Jim Morrill Jr.) was never challenged as he led from gate to wire to score an easy 1-¼ length upset victory in 1:58, which was also a new seasonal mark.
It was the second straight win for E Street ($20.80) and owner Elite Harness Racing. Rachelle Mungillo trains the winner.
Morrill ended the day with two driving wins.
Driver Dave McNeight III tied Beckwith with three wins on the day, however all three of his provided huge payoffs. “Triple Sticks” won with Magical Mistress (1:55.4, $24.40), Mayweather Hanover (1:56.2, $37.40) and VJ Panderosa (1:56.4, $47.60).
There was also an instant jackpot in the day’s final event when the 1-2-9-3-4 pentafecta combination returned $5,524.10 for a 20-cent wager.
Live racing resumes at Batavia Downs on Monday (Feb. 26), which is the last day of live racing for the winter meet. Post time will be at 3 p.m.
Free full past performance programs for every live card of racing at Batavia can always be downloaded at the Downs’ website (bataviadownsgaming.com) under the “Live Racing” tab and all the racing action can be viewed as it happens for free at the Batavia Downs Live Facebook page.
The Elmira College Office of Admissions recently announced that Cassidy Crawford of Batavia was among the awardees for this year's Elmira College Scholars Program.
The Scholars Program awards full-tuition scholarships to first-year, full-time students through an application process. Eligible applicants need to have a 3.7 unweighted academic GPA. A committee reviewed the applications, which included letters of recommendation, personal statements, and a 500-700-word essay based on a prompt. The Elmira Scholars will receive a full-tuition scholarship, renewable at the level of the entering year for up to four years, upon enrollment at Elmira College.
A fairly new collaboration between the traveling ministry of Glorious Destiny and Cornerstone Church has brought a youth-based event to the Batavia church that includes a live and lively musical performance and lots of free goods, from snacks and drinks to groceries, games and gift cards.
With enough negative energy already in the world, these Friday evening gatherings are meant to offer a peaceful and fun alternative for kids and families, organizer Omar Herrera says.
“And of course, in this day and age, you know that there's a lot of violence and other things that the youth shouldn’t be doing. So we just definitely want to steer the community away from that type of lifestyle, away from just getting distracted and away from going astray or anything like that. So we just want to create a safe space where people can come and really just want to be safe, be secure, and know that they are loved, know that they are cared about, know that they have a plan, that God has a plan for them, that they can be somebody,” Herrera said to The Batavian Friday afternoon. “Pastor Paul (Doyle) came to us, he used to have a youth program and wanted something new. He had a building and he had the resources, so we sat down and brainstormed some ideas to reach the youth.”
Fridays at the Rock is at 6 p.m. every Friday at Cornerstone Church, 8020 Bank Street Road, Batavia.
These upbeat nights are opportunities for kids to “eat, fellowship with everybody, have games, prizes, live performances, and give an encouraging word,” he said.
“It’s one of the methods to reach people,” he said. “Anyone can go if they want to go, and whoever wants to come can come. We have had many families with a single mom who might not have a car … we will pick them up and take them home when they want to go home.”
Organizers provide free transportation to and from the event, and only ask that participants register in advance by a QR code or phone. From the first event, attendance has been at least 40 strong, with at least 100 people showing up by the fourth event, he said.
“I would say one of the biggest visions that we have is — because of certain circumstances that are going on in our life, in this day and age, basically, in this world — we want to create that space where they can come in and not think about those problems, that they're going to not think about their situations or not think about anything, but really just enjoy life,” he said. “Let the kids be kids. Let adults enjoy their kids and just see them have fun. And really have fun with them, and win prizes as well. You just have a great space where people can really just enjoy life.”
There is also a free grocery giveaway after the church service at 10 a.m. Sundays. An assortment of free goods, including meats, breakfast items, bread, dry goods, fruit, vegetables and baby food will be distributed after the service.
When asked the source of all the free goods, Herrera attributed it to God’s power and the generosity of Western New York’s businesses and farmers.
“One of the guys who helped me, he had connections with stores and farmers, and they just donate to us,” Herrera said. “We can give out food to the community. It just started out of nowhere. God told us to go to these stores, and they are constant suppliers.
“Where our vision is, our vision is the world. However, we’re based in the United States and right now, we’re doing a lot of work in the United States, and, of course, we’re based here in Batavia, and a lot of what we’re doing is out of New York.”
Glorious Destiny is a nonprofit that is now based in Batavia and working with Cornerstone Church, though Herrera said that he and the 40 or so missionaries do a lot of traveling, whether it’s to Rochester for a blanket and glove distribution or farther away to hand out jackets, socks and blankets to homeless in Philadelphia and New Jersey.
Many of those missionaries are young musical artists who provide the live performances for the Friday rock series, which might feature some hip hop or rhythm and blues, he said.
Glorious Destiny Missions, Inc. is a Christian organization that is "committed to spreading the love and message of Jesus Christ through various means around the world," according to its website. Its vision is based on Habakkuk 2:14, which states, “For the earth will be filled with the knowledge of the glory of the Lord as the waters cover the sea.”
For more information about these programs or to get a ride, text ROCK (for Friday) or PANTRY (for Sunday) to 347-352-6720.
Genesee Community College was honored by the U.S. Department of State's Bureau of Educational and Cultural Affairs for its distinction as one of the leading institutions with a significant representation of faculty and administrators chosen for the prestigious Fulbright U.S. Scholar Program.
Institutions like Genesee Community College, recognized as Fulbright Top Producing Institutions, actively promote global engagement and facilitate their campus community members in seizing international opportunities.
Heather Jones, GCC professor of fine arts was selected for a Fulbright award for the 2023-2024 academic year. While collaborating with Professor Jose Luis Gonzalez-Cabrero and the Industrial Design Department at the University of San Luis Potosi, Professor Jones will be implementing an international cultural color study project with students from both Mexico and New York, which will culminate with a student art exhibit titled "Color Connection."
She will be teaching a series of seminars on color theory in Mexico, that will be available online for her students taking classes at GCC. Students in Mexico and GCC will photograph one color in their daily lives and facilitate conversation online by sharing these images on the dedicated Color Connection social media pages.
The goal of the project is to take a deeper look at the expressive meaning of color in design, utilize the subject of color as a social bridge to break down cultural stigmas and reinforce empathy and respect for cultural diversity. Photographs will be juried by the students and 100 plus photographs will be exhibited simultaneously at UASLP and in GCC's Roz Steiner Gallery during March 2024. The exhibit will then be available to travel to other SUNY campus galleries.
The Fulbright Program is the U.S. government's flagship international academic exchange program. Since 1946, the Fulbright Program has provided over 400,000 talented and accomplished students, scholars, teachers, artists, and professionals of all backgrounds with the opportunity to study, teach, and conduct research abroad. Fulbrighters exchange ideas, build people-to-people connections, and work to address complex global challenges.
Dr. James Sunser, president of Genesee Community College, expressed his gratitude stating, "This recognition underscores our unwavering dedication to fostering international opportunities for our faculty and administrators. At Genesee Community College, we believe in the transformative power of global connections, and we are proud to support our campus community members in their pursuit of scholarly endeavors worldwide."
"Fulbright's Top Producing Institutions represent the diversity of America's higher education community. Dedicated administrators support students and scholars at these institutions to fulfill their potential and rise to address tomorrow's global challenges. We congratulate them, and all the Fulbrighters who are making an impact the world over," said Lee Satterfield, assistant secretary of State for Educational and Cultural Affairs.
Fulbright is a program of the U.S. Department of State, with funding provided by the U.S. Government. Participating governments and host institutions, corporations, and foundations around the world also provide direct and indirect support to the Program.
Fulbright alumni work to make a positive impact on their communities, sectors, and the world. They have included 41 heads of state or government, 62 Nobel Laureates, 89 Pulitzer Prize winners, 80 MacArthur Fellows, and countless leaders and changemakers who build mutual understanding between the people of the United States and the people of other countries.
For more information contact Vice President, of Development and External Affairs Justin Johnston at (585) 345-6809, or via email: jmjohnston@genesee.edu. Details about the Fulbright Program can be found at https://fulbrightprogram.org/.
The District Attorney's Office will not appeal the dismissal of a DWI charge against a Bethany resident over a procedural error by prosecutors, Assistant District Attorney William Zickl says.
The case was dismissed on appeal by County Court Judge Melissa Lightcap Cianfrini, upholding an earlier ruling by City Court Judge Durin R. Rogers that a defendant's right to a speedy trial was violated because of the procedural error.
Zickl told The Batavian in a statement that filing an appeal would require the DA's office to convince judges at the appellate level that a question of law -- not facts -- was in dispute. A state appeals court taking on such a case is rare and far from automatic, Zickl said, so the DA's office would need to make a compelling case that the law was improperly applied in dismissing the charge.
"I believe there is a substantial threshold issue presented in this case regarding whether such a pure question of law exists to allow the Court of Appeals to entertain the matter," Zickl said. "Based upon the foregoing procedural backdrop and the fact that this decision will not have broad application due to its highly unusual fact pattern, we have decided not to attempt to gain leave to appeal the decision of the County Court to the Court of Appeals."
Rogers dismissed the case, according to a court document, because the DA's office was not ready for trial more than a year after the arrest of the defendant. The Sixth Amendment guarantees those accused of a crime the right to a speedy trial.
Background On July 3, 2021, Gregory R. Solomonidis was arrested in the city of Batavia following a traffic stop on East Main Street. Solomonidis was accused of driving with a BAC of .08 or greater.
On Aug. 26, 2021, at a City Court hearing on the case, ADA Joseph Robinson filed with the court what is known as a Certificate of Compliance, which is a document that informs the court and the defense that all material in possession of the prosecution that the defendant has a right to review has been turned over to the defense. The defense has a right to review all material relevant to the charges, including material that might aid the accused.
On Sept. 17, the defense filed a motion seeking dismissal because the prosecution did not provide a copy of the dispatch center recording of police transmissions relevant to the arrest of Solomonidis. The prosecution countered that the discovery material included notice that the recording existed with instructions on acquiring a copy of the recording if the defense wished to listen to it.
According to court documents, ADA Jenna Bauer, who took over the case at this time, argued in court that as a former dispatcher, she understood the difficulty in retrieving recordings given the limitations of the communication system in the dispatch center and that retrieving recordings took considerable time for a dispatcher.
On Nov. 30, 2021, the court held a hearing to examine the evidence in the case and the arresting officer was called to the stand. During cross-examination, the officer was asked about his prior employment as a part-time police officer in the village of Perry. The officer testified that he had left the job because he believed he had violated the department's social media policy with a post or posts on Snapchat. In court documents, this is called "the Snapchat incident."
The officer said the department did not discipline him due to this incident. Batavia PD subsequently hired him, and he remains a Batavia police officer.
Even so, the defense argued that this incident, which was apparently not discussed in detail during the hearing, constituted "50-a" material, or material in an officer's personnel file that could conceivably impeach the officer's credibility.
The court gave the prosecution -- in keeping the existing case law -- more time to comply with the discovery requirements.
At a hearing on March 1, 2022, Bauer informed that no effort had been made to obtain information on the "Snapchat incident." On March 17, she requested more time to obtain the information.
"I have started my inquiry with the Perry Police Department," she told the court.
On March 28, the DA's office received a letter from the village of Perry clerk regarding the incident, and that letter was provided to the defense.
A month later, Rogers dismissed the charge against Solomonidis.
Appeal to County Court In her ruling, Cianfrini overturned Rogers on the issue of the dispatch center recording. She determined the DA's office had complied with discovery rules by informing the defense the recording existed and providing instructions on how to obtain it and that once the defense made a request in court, the DA's office produced the recording within two days.
Cianfrini did find, however, that prosecutors failed to exercise "due diligence" in trying to acquire documents from the Perry Police Department regarding the "Snapchat incident."
Cianfrini compared prosecutors' actions with a ruling in another case, People vs. Godfred, where a prosecutor provided extensive details on how she tried to obtain discovery material but could not. The documentation provided to the court in that case demonstrated "due diligence" and "reasonable effort" as required by the law.
"... the Appellant's Brief is absolutely silent as to the steps the various prosecutors assigned to this case took to ensure that it had ascertained the existence of all discoverable information as it relates to impeachment materials, most notably the "Snapchat incident," Cianfrini wrote. "There is no explanation as to why the People were unaware of these potential impeachment materials. It is nearly impossible for this Court to gauge how obvious the missing materials would have been, given the dearth of information provided by the People. Moreover, the People provided a letter from the Perry Village Clerk. No letter was received from the PPD itself."
And she continues, "Unlike the prosecutor in Godfred, no clear record was made by any of the prosecutors assigned to this case as to specifically whom at the PPD was contacted to obtain the information (such as the police chief or supervising officer), method(s) of contact and attempted contact, or if they even spoke with the Officer himself about the violation after learning about it."
Cianfrini is a former first district attorney in Genesee County and noted in a footnote that the lack of due diligence could result from multiple ADAs handling the case, which led to the procedural issue being overlooked.
"Given the lack of record of the efforts taken to ascertain the existence of the Snapchat incident, this Court is constrained to find that the prosecutors did not exercise due diligence or make reasonable inquiries to discover the existence of the same," Cianfrini ruled. "Thus, the initial COC and any subsequently filed COC were illusory, and the People were not ready for trial."
The COC is the Certificate of Compliance that all discovery has been turned over. If evidence is missing, the legal term for the defect is "illusory."
The lack of readiness for trial denied Solomonidis his right to a speedy trial, Cianfrini ruled. Thus, she upheld the dismissal of the DWI charge.
Batavia Police Chief Shawn Heubusch expressed dismay at the case's outcome, saying that the officer in question is a valued law enforcement officer. He issued the following statement:
A recent ruling by a Genesee County Court dismissed a DWI charge made by a Batavia Police Department officer because of a prosecutorial error.
The Court determined that the prosecution did not disclose that the arresting officer resigned from his position as a part-time officer with the Village of Perry Police Department over a social media matter. The officer resigned and subsequently joined the Batavia Police Department.
Our officer fully disclosed this matter during his interview with us. The Batavia Police Department fully supports our officer, and he has an exemplary service record.