batavia

Pavilion improved to 6-1 on the season with a 49-35 win over Batavia in a first-round game of the 33rd Annual Batavia Rotary Club Basketball Tournament.

Karlee Zinkievich scored 22 points for the Gophers. Lauren Kingsley scored 17.

For Batavia, Anna Varland and Jaimin Macdonald scored 11 points each.

It was the eighth loss for the Blue Devils this season.

Pavilion faces Notre Dame in the tournament's championship game on Thursday at GCC at 7:45 p.m.

To view or purchase photos, click here.

Photo by Steve Ognibene

Jim Owen enjoyed a milkshake Tuesday morning and asked The Batavian to take his picture during her visit to see him at Crossroads House.

Owen is no typical City of Batavia resident, and taking his picture has become commonplace amongst local media during special events. So commonplace, in fact, that when he saw a second volunteer, he wanted a picture taken with her as well. 

Crowned the Mayor of Redfield Parkway by City Council for his longtime civic and neighborly involvement in the community, Owen has been fighting his most important battle this year: esophageal cancer.

His temporary residency at United Memorial Medical Center brought many visitors to his room, and the flow of people has not stopped at the Liberty Street comfort care home that he moved into more recently. It has been so busy with well-wishers that it has, at times, been hard to keep up with the continuous traffic.

Crossroads staff and friends have been maintaining his online presence and posting updates. This was the latest one:

“Update on Jim, and a reminder from the Crossroads staff. Jim is still resting and being well taken care of at Crossroads House. Visitors are still welcome and very much appreciated; however, we want everyone to know that Jim has grown somewhat more confused over the last several days.  The staff feels that the visitors Jim receives are comforting and beneficial to him, but asked us to remind everyone to keep the visits to no more than 15 to 30 minutes in length so he can get his rest.

Again, please do not let this message discourage anyone from coming to visit, but just be advised of the Crossroads House staff wishes which they feel are best for Jim. Thank you, and we will keep you informed of any changes or news.”

Likewise, people have responded with likes, hearts, care emojis and fond messages of encouragement. Visitors may also sign a guest registry and offer words of comfort to Jim, who, despite seeming tired, still has his sense of humor and kindness intact.

During Tuesday’s visit, he said that volunteer Julie Mancuso lives on his street. He then corrected himself to say that “I live on her street.” And as they discussed which street was the best in the city, he gave a thoughtful pause and rephrased it all together.

“The best street is the street you live on,” he said.

He knew this reporter and The Batavian’s publisher — who he refers to as his adopted brother. (Jim’s last name is Owen versus Howard Owens.)

When many people in his situation would be thinking about things they missed out on in life, Jim talked about how he wanted to do more for the community during Tuesday's visit, Owens said. 

"He said he always tried to treat people well because 'when you feel good about yourself, you do good things. You make a contribution,'" Owens said. "He said he would like to see a scholarship set up to help people with his disease. Jim Owen has spent his life trying to teach us all to be better human beings, and even now, he's still trying to spread that message."

Jim seems to be absorbed in wanting to help people, help the community, and perhaps even help the world in some way. He described himself as just a pin or cog in the wheel of life, but if he can make at least one person happy, he has accomplished something.

Jim Owen, you have done far more than that. You have reached out to neighbors and friends, shared tidbits of Batavia and Owen family history, garnered support for the naming of the BHS auditorium after your late father Frank E., fought for the restoration of Redfield’s well-known pillars that have served as guideposts to the VA Medical Center, and greeted, supported, chatted with and smiled upon countless folks during your longtime commitment to Batavia and its citizens.

That’s not only worthy of a milkshake and a photo, but also a grateful nod of thanks from your friends and community members.

Mission accomplished.

Top photo of city resident and Mayor of Redfield Parkway Jim  Owen enjoying a milkshake with volunteer Cathy Winding Tuesday at Crossroads House in Batavia; and above, also with volunteer Gail Wysko. Photos by Joanne Beck.

"Brad Pitt" can finally move into a new forever home after his former owners accepted plea deals in County Court today that include them surrendering ownership of the dog, who was found abandoned and feces-covered in an apartment in May.

"Brad Pitt" is the name given to the male pit bull after he was brought into the shelter. His female companion was in such poor health after being abandoned in Apt. 60, 337 Bank St., Batavia, that she had to be euthanized.

The two dogs had apparently been bred and then left in cages without food in the apartment by  Andrew A. Searight, 35, and Jerrtonia A. Scarbrough, 24.  By the time they were discovered, they were both near death.

Under terms of the plea agreement offered by District Attorney Kevin Finnell, Searight and Scarbrough entered guilty pleas to two counts of cruelty to animals under Ag and Markets Law in exchange for a one-year term of interim probation.  They must abide by all the terms of probation and perform 150 hours of community service.

If they successfully complete the program, they can return to court in December and plead guilty to misdemeanor charges, at which time they can be sentenced again to either a term of probation or up to a year in jail on each charge.

Legally, they cannot be prevented from ever owning animals again, but under the terms of the agreement, they will not be allowed to own animals while under the court's supervision.

Finnell said he thought Searight should be required to serve his community service in an animal shelter so that he might better understand the trauma to animals when they're mistreated, but he said he understood that shelters might be reluctant to take him on as a volunteer given his conviction.  

Judge Melissa Lightcap Cianfrini concurred but said whatever community service Searight takes on, he is to inform her and get her approval before proceeding.

She said she personally wanted to closely monitor his probation and community service.

Searight and Scarbrough came into court together with an infant in a carrier.  They now live in Niagara County, and their terms of probation will be supervised by Niagara County's probation department, but their community service will be monitored by Genesee Justice.

Searight admitted in court that he abandoned the dogs and failed to provide proper sustenance and care, leading to the death of one of the dogs.  He agreed to pay restitution for the medical care and shelter of the male dog.

Photo: File photo of "Brad Pitt" by Howard Owens.

The Batavia Rotary Club hosts its 33rd Girls Basketball tournament at GCC starting tonight with games between Notre Dame and Pembroke and Batavia and Pavilion, with the championship game scheduled for Thursday.

The club held its tipoff luncheon today, introducing the teams at the Arc GLOW facility on Woodrow Road in Batavia.

Notre Dame is aiming to repeat its championship of a year ago, and Head Coach Tom McCulley complimented the Rotary Club on the quality of its tournament.

"This is a great, a great thing you guys put together," McCulley said. "I mean, I know a lot of teams really wanted to get in this tournament, and it's because of this environment and what you guys do, not just the one night or two days at the college, but you're out here for sports. It's a well-run tournament. From the concessions to the award ceremonies to the games to the timing, everything is top notch."

Game one tonight is Notre Dame vs. Pembroke at 6 p.m. Batavia faces Pavilion at 7:45 p.m.  The championship is at 7:45 p.m. Thursday.

Top photo: Karlee Zinkievich, Pavilion, Karli Houseknecht, Pavilion, and Amelia McCulley, Notre Dame (Batavia's team was unable to attend the luncheon).

Photos by Howard Owens.

Note Dame: Tom McCulley, Avelin Tomidy, Maggie Monachino, Maylee Green, Emma Sisson, and Amelia McCulley.

Pembroke: (from right) Head Coach Jamie Johnson, Karli Houseknecht, Isabel Breeden, Elle Peterson, and Assistant Coach Aralyse Johnson

Pavilion: Head Coach Ben Schwenebraten, Lauren Kingsley, and Karlee Zinkievich.

John Kennedy was born in England on September 17, 1846. He was one of a family of 14 brothers and sisters. He moved to a farm in Iowa in 1875.  John served in the Civil War; after the war, he became superintendent of an Iowa school district.

In 1890 the Batavia School District asked Mr. Kennedy to come to Batavia and serve as superintendent for the village school system. He served as superintendent for 23 years. His system for the village school was known as the Batavia System. He believed that if children were stimulated, they could educate themselves. 

John Kennedy was also a famous author and had many books to his name. His book, The Genesee Country, was published in 1895, during his time as superintendent from 1893 to 1913.

John was a writer with quite a descriptive flair. The chapter I found very interesting was called "Patriot-Not Financier." In this chapter, John Kennedy was distraught. He did not want Robert Morris to be remembered as a financier of the American Revolution. In John Kennedy's eyes, Robert Morris was a patriot who wanted America to be independent. He wanted the American government to stand with the firmest foundation. To achieve this, Robert Morris put everything in jeopardy: his good name, his life, and his fortune. He was a signer of the Declaration of Independence. He rescued George Washington's troops in 1777 and prevented the army's dispersion by raising $50,000 of his own money for the war.

In Kennedy's opinion, if Morris had not appeared on the scene or had died during the struggle, the revolution would have collapsed.   It is upsetting to read that Robert Morris died in debtor's prison in the United States of America within a few years after the adoption of the Constitution, which he helped frame.    

We have a Constitution and a Union primarily because George Washington, Benjamin Franklin, and Robert Morris sat in the convention that devised our great document.

As John Kennedy ended his chapter on Robert Morris, he said, "We are living here on his beautiful farm, the famous Holland Land purchase, and more famous still by having had for its first owner the patriot Robert Morris." 

John Kennedy and Robert Morris are still remembered today, with the John Kennedy Intermediate School on Vine Street and the  Robert Morris Primary School on Union Street. What is impressive is that John Kennedy had the foresight in the 1800s to write about Robert Morris' legacy in the hopes that he would be remembered as a true patriot.  

John Kennedy has to be acknowledged not only for the many books to his name but for his outstanding reputation as the school superintendent for the Village of Batavia. His system emphasized individual instruction of students, which was copied by school districts nationwide.

Jose A. Rivera, 36, of Batavia, is charged with criminal contempt 1st, attempted promoting prison contraband 1st, and Ida M. Vanorden, 36, of Swan Street, Batavia, is charged with conspiracy 5th. Rivera and Vandorden are accused of conspiracy along with an unknown male, to introduce contraband into the Genesee County Jail. The contraband was intercepted by corrections officers on Dec. 26. Rivera is accused of violating a stay-away order of protection. Both Rivera and Vanorden were issued appearance tickets.  The investigation is ongoing, and deputies are attempting to identify the third suspect. Any person who may have additional information are requested to contact Deputy Nicholas Charmoun at (585) 345-3000, ext. 3258

Ledeja K. Wright, 32, of Maple Street, Batavia, is charged with torture/injure animal/fail to provide sustenance. Wright is accused of leaving a dog in an apartment after moving out and failing to provide sustenance to the animal. The incident was reported Nov. 30. Wright was arrested Dec. 15. She was arraigned in City Court and released. The dog is at the Animal Shelter. 

Vicki Lynne Manns, 52, of Brookville Road, Alexander, is charged with menacing 2nd, criminal possession of a weapon 4th, assault 3rd, and harassment 2nd.  Manns is accused of throwing a tray at a person, causing an injury. She is also accused of pointing a firearm at the same person. She was issued an appearance ticket.Robert L. Drennen is charged with criminal mischief 3rd. Drennen is accused of causing damage to a residence in the City of Batavia on Dec. 23. He was released on an appearance ticket.

Julie R. Richardson, 31, of Batavia,  is charged with grand larceny 4th, petit larceny, conspiracy 5th and tampering with evidence. Richardson is accused of stealing from a vehicle on South Main Street, Batavia, on Nov. 16. Richardson was arrested after an investigation by Officer Nicole McGinnis.

Andrew A. Crimes, 50, of West Main Street Road,  Batavia, is charged with criminal contempt 1st and aggravated family offense. Crimes is accused of violating an order of protection by contacting the protected party on Dec. 9. He was arraigned in City Court and released.

Deanna L. Yox, 37, of Clifford Street, Buffalo, is charged with petit larceny. Yox is accused of stealing from a business in Batavia in February 2020. She was arrested Dec. 21 following an investigation by officers Felicia Martinez and Wesley Rissinger. Yox was released on an appearance ticket.

Malinda J. Falk, 41, of East Main Street, Batavia, is charged with harassment 2nd and criminal obstruction of breathing/blood circulation. Falk is accused of attacking another individual on Dec. 17 at a location on East Main Street, Batavia. Falk was arraigned in City Court and released on her own recognizance. 

David L. Weaver, 32, of Atlanta, Illinois, is charged with harassment 2nd. Weaver is accused of striking another person during a disturbance on Dec. 10. He was released on an appearance ticket.

Dustin T. Forkell, 31, of Holley, is charged with petit larceny and false impersonation. Forkell is accused of stealing property from a local business on Dec. 11 and fleeing. He was located at another business in the Town of Batavia, at which time he allegedly provided a false name to officers. He was arrested, processed at Batavia PD, and issued an appearance ticket. The incident was investigated by officers Wesly Rissinger and Megan Crossett

An 18-year-old of Washington Avenue, Batavia, is charged with assault 3rd and criminal mischief. An 18-year-old resident is accused of attacking another person on Dec. 14 with an iPad, causing an injury. The youth was arraigned in City Court and released. 

Brittanee J. Hooten, of State Street, in Batavia, was arrested on two bench warrants after having failed to appear on an appearance ticket on prior arrests. Hooten was arraigned on Dec. 14 in City Court and released. 

Karrie A. Morrow, 40, of Summit Street, Batavia, was arrested on several outstanding Bench Warrants. Morrow was arrested on Dec. 14 after she was located during an unrelated incident. The warrants stem from several petit larceny cases at local businesses. Morrow was arraigned in City Court and released under supervision.

Jeffrey M. VanEpps, 45, of Albion, is charged with criminal mischief and attempted assault 3rd. VanEpps was allegedly involved in a disturbance at a business on West Main Street on Dec. 14. He was arraigned in City Court and released.

Jacob A. Richards, 34, of Rochester, is charged with possession of a forged instrument 1st and grand larceny 4th. Richards allegedly passed a forged check at a local bank. He was arraigned in City Court and ordered held on bail.

Terrance L. Falk, 24, of North Street, Batavia, is charged with criminal mischief 4th and assault 3rd. Falk was allegedly involved in a disturbance on an unspecified date in the City of Batavia. After initially fleeing the scene, according to police, he was located and taken into custody without incident. He was arraigned in City Court and released on his own recognizance. 

Byron K. Bell, 53, of Rochester, is charged with criminal possession of stolen property 3rd, aggravated unlicensed operation 3rd and speeding. Bell was stopped on Dec. 11 in the City of Batavia by Officer Josh Girvin and Officer Bryan Moscicki. Bell was allegedly driving a stolen vehicle while on a suspended license. He was arraigned in City Court and jailed.

Harry R. Silliman, 58, of Batavia, is charged with trespass. Silliman was allegedly on property on Maple Street without permission. He was arrested and issued an appearance ticket.

Zakara R. Jackson, age 19, of Trumbull Parkway, Batavia, is charged with bail jumping 2nd and failure to appear. Jackson was arrested on a warrant on Dec. 8 He was arraigned in City Court and released under supervision.

Daquan J. Butler, 26, of Ross Street, Batavia, is charged with petit larceny.  Butler is accused of stealing an iPhone 13 from another person on Ross Street on Dec. 3. He was arraigned in City Court and released.

Raymond Lunday Kelley, of Oak Street, Batavia, is charged with a false written statement. Kelley allegedly provided law enforcement with a false written statement related to an incident reported at Batavia Downs at 11:59 p.m., Dec. 16. He was released on an appearance ticket.

Douglas Wayne Logsdon, 74, of Big Tree Road, Pavilion, is charged with endangering the welfare of a child and harassment 2nd. Logsdon allegedly threw items at a person while a child was present during an incident reported at 5:41 p.m., Dec. 16 at a location on Big Tree Road, Pavilion. Logsdon was arraigned in Town of Pavilion Court and released.

Rachel B. Solomon, 30, of North Lake Road, Pembroke, is charged with criminal contempt 2nd and harassment 2nd. Solomon is accused of violating an order of protection by harassing an individual at 1 p.m. on Dec. 22. She was arraigned in Town of Pembroke Court and ordered held without bail. Solomon is also charged with aggravated criminal contempt, assault 3rd, and endangering the welfare of a child. The charges stem from an incident reported at 2:45 a.m., Jan. 2, at a location on Meadville Road, Tonawanda Indian Reservation. Solomon was jailed pending arraignment.

Joseph Michael Morelli, 54, of Orchard Street, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Morelli was allegedly found to be intoxicated at 2:02 p.m., Dec. 14, while at the Genesee County Probation Department on Main Street, Batavia, and arrested by Deputy Jonathan Dimming. Morelli was released to a third party on an appearance ticket. 

Adam Joseph Pape, 35, of Morrow Road, Pavilion, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, driving without an interlock device, and drinking alcohol in a motor vehicle on a public highway. Pape was stopped at 8:11 p.m., Dec. 30, by Deputy Zachary Hoy and released on an appearance ticket.

Nia Hanevin Spring, 23, of Griffin Road, Tonawanda Indian Reservation, is charged with criminal contempt 2nd and grand larceny 4th. Spring was arrested on Dec. 30, processed at the Genesee County Jail, arraigned in Town of Alabama Court, and released under supervision. 

Ronald Charles Inzinna, 54, of Le Roy, is charged with criminal mischief and harassment 2nd. Inzinna is accused of subjecting another person to unwanted physical contact and preventing that person from contacting 9-1-1 during an incident reported at 6 p.m., Dec. 30, at a location on East Main Road, Le Roy.  Inzinna was arraigned in Town of Stafford Court and released on his own recognizance. 

Arthur James Felski, 45, of Tonawanda Indian Reservation, is charged with harassment 2nd. Felski was charged following an investigation into an incident reported at 3:25 p.m., Jan. 1, in Basom. He was arraigned in the Genesee County Centralized Arraignment Court and released on his own recognizance.

Editor’s Note: At the risk of seeming redundant, The Batavian believes that Winter Storm Elliott easily became the biggest story of 2022, and there are many people, groups, businesses, and municipalities that are deserving of the spotlight for their contributions to assist the hundreds stranded in Genesee County during the Christmas weekend. This is another of those stories.

Try to imagine yourself on a trip, excitedly going to visit family for the holidays.

Only you get stuck in a big snowstorm and have to hang out with a bunch of strangers and quite possibly sleep on the floor.

That was no imaginary scenario last weekend for the more than 100 people stranded at Grace Baptist Church. And their response was anything but expected, Pastor Jeff Bartz says.

“Strangers became like friends and family; we genuinely enjoyed each other,” he said Friday. “People were generally overwhelmed by (those who came to help).”

As Dec. 23’s storm became more apparent and dangerous, county officials began to organize warming shelters for stranded motorists. Sheriff Bill Sheron reached out to Grace Baptist in Batavia to see if the Vine Street site could be a shelter. There was no hesitation, Bartz said.

“We were excited just to be able to help,” he said. “We were waiting in the foyer, and people started coming. Once they started … it started flowing.”

His wife Jami added that “We grabbed all of our extra blankets, cereal and milk from home” and then shuffled people into various rooms at the church. They put the call out that they were accepting stranded travelers. And those travelers continued to arrive, easily surpassing 100 by Friday evening, she said.

The couple reflected on a scripture referring to God being a shelter in the storm, and the church was literally transformed into just that. And in quite the storm. By all accounts from area rescue workers, including Jeff who is with the International Guard Reserves, Elliott far surpassed others, including the blizzard of '77. Genesee County took in more than 700 travelers from Dec. 23 to 25.

Although most Grace Baptist visitors had their vehicles in the nearby parking lot — unlike so many others who got stuck in snow — they not only stayed for safety's sake but come Christmas morning, also for a stunning reason, Jeff said.

Travelers asked if he would perform a service that morning, and so he prepared one. Focusing on the first chapter of Luke, he talked about the aspects of God’s love, many of which had been demonstrated for all to see that weekend, Jeff said.

“So we gathered in our sanctuary and sang the timeless, treasured carols we all know and love. We read and reflect on God’s love for us in sending His Son, Jesus, to save us from our sin … and how God shows through the Christmas story that He is mindful of us, mighty over us, and merciful to us,” he said. “We were literally experiencing those truths while we weathered the blizzard in the warm safety of our Christmas storm shelter.

“Immediately after the service, we were informed the travel ban was lifted,” he said. “But some didn’t want to leave. We hugged each other, cried together, exchanged contact information, and stuck around and took pictures together. We didn’t want what many called ‘the best Christmas ever’ to end.”

Yes, after all of the potential anger, frustration, irritation and disappointment that travelers could have reasonably felt, they instead seemed to grasp the moments of true caring for one another, he and Jami said.

“It was a representation of the true meaning of Christmas,” Jami said. “It was one of those unique opportunities to be presented for people to do something. It was Christmas, but life stopped for everybody at Grace Baptist, and they just rallied.”

Community and church members pitched in with homemade meals, Batavia’s Original sent over several pizzas, Salvation Army sent over food, American Red Cross sent cots, county and city officials worked to get supplies, food and water to the shelter, and even the Bartz’s two younger sons, Michael, 16, and 14-year-old Timmy, hung out and played with the kids, and set up coffee and hot chocolate.

Timmy imagined how it would feel to be in their position.

“I thought it would probably stink,” he said.

With holiday movies playing, dozens of strangers mingling, three dogs, a cat, and an albino ball python added to the mix, it was, indeed, a good Christmas for folks such as Nick and Marijana Bankovic, who were traveling from New York City to Canada with their kids Emilija and Jovan when they got stuck in Batavia due to the winter storm

They were some fo the many people who sent notes to thank Grace Baptist for its hospitality. They also wanted to share a snippet of their time at Grace with The Batavian after feeling “like everything that could possibly go wrong was happening,” the couple said.

“The kindness, help and warmth that I have seen from everyone from the stranded travelers, the members of the church, Batavia law enforcement, the residents and business of Batavia and the surrounding community brought tears of joy to my eyes,” they said in an email. “The below-freezing cold weather, the blinding snowstorm, running low on gas, food and drinks, driving five miles per hour, falling into the ditch, slipping and falling down, hurting my back and elbow at the McDonald’s rest stop area on I-90 near Rochester … It took the Batavia community and fellow travelers to show me no matter how many bad things happen there will always be good warm-hearted people who are willing to do what they can to help and make things better.” 

Photos of travelers stranded from Winter Storm Elliott during Christmas 2022 weekend taking refuge at Grace Baptist Church in Batavia; eating, talking, joking, playing and enjoying time with one another. Photos submitted by Jeff and Jami Bartz.

A Rochester-based attorney for David Bellavia has filed motions to dismiss and seal portions of a federal lawsuit filed against him and Orleans County alleging a conspiracy to deny Bellavia's ex-wife her constitutional rights.

Attorney Donald W. O'Brien's court filings assert that the lawsuit is deficient in proving a conspiracy and was filed in part to make disparaging remarks about Bellavia a matter of public record.

The suit was filed on Nov. 4 on behalf of Deanna Bellavia (known professionally as Deanna King) by attorney Nathan McMurray.  Plaintiffs in the suit include David Bellavia, Orleans County, the Orleans County Sheriff's Office, the Orleans County District Attorney's Office, Investigator Corey Black, and a Sheriff's Office employee listed as "John Doe." 

The suit alleges that Bellavia and Black conspired to arrest King without probable cause and charge her with harassment for contacting Bellavia during their divorce proceedings in 2021.

Bellavia, a former Batavia resident who is originally from Orleans County and has resided there in recent years, received the Medal of Honor in 2019 for his actions during the Battle of Fallujah during the Iraq War.

King, who lives in Batavia, is a radio and TV broadcaster in Rochester.

McMurray has previously sought to represent Genesee County and the surrounding area in Congress. Earlier this year, McMurray filed a suit on behalf of former state senator George Maziarz against Batavia Downs that was subsequently dropped.

The federal lawsuit alleges government officials, acting under the color of law, conspired with Bellavia to have King arrested in order to discredit her during divorce proceedings.  The arrest, according to the suit, violated her rights to be free of unreasonable search and seizure and equal protection under the law.

O'Brien does not dispute that Bellavia filed a complaint against King alleging violations of a court agreement that limited contact between the parties but states that such contacts with law enforcement do not constitute a conspiracy and cites specific case law to support his assertion.

"Assuming these allegations are true, there is nothing sinister in Mr. Bellavia furnishing evidence to the Municipal Defendants upon which they based the harassment charges that resulted in Plaintiff's Adjournment in Contemplation of Dismissal (ACD)," the motion states. "Mr. Bellavia does not deny that he was the complainant in the underlying criminal case (emphasis retained). However, 'it has long been held that a private party does not become a willful participant by merely invoking the assistance of the police.' DeSantis v. Town of Cheektowaga, 2020 "

In his motions, O'Brien states that McMurray, in drafting the complaint filed in Federal Court, failed to identify a specific section of the United States Code on which King's claim of conspiracy was based.

He also asserts that the plaintiff's claims of a conspiracy are "based on conclusory assertions unsupported by any factual details tending to show, or even raise an inference of, an agreement to deprive Plaintiff of her constitutional rights. Rather, the conspiracy claim against Mr. Bellavia consists entirely of vague and general allegations of a conspiracy and relies upon mere connection and speculation."

To prove a conspiracy, O'Brien asserts, the plaintiff must provide details of a time and place when the conspirators reached an agreement to deny the plaintiff of her rights.  The suit, he states, fails to present such evidence. 

O'Brien is asking the court to strike and seal several paragraphs in the lawsuit as "scandalous and prejudicial" and that the claims in those paragraphs, even if there was any merit to the conspiracy claim, have no relevance to the case.

"Paragraphs 11 through 17 and 19 through 28, however, have no bearing on the single claim against Mr. Bellavia in the Complaint," O'Brien states. "Rather, these highly prejudicial allegations appear to have been included to obtain leverage in this action and to compensate for the absence of any factual allegations to support her conspiracy claims. The truth or falsity of these challenged allegations is immaterial to Plaintiff's claim against Mr. Bellavia. If Plaintiff believes that her claim is somehow enhanced by allegations that these two parties endured a contentious divorce, then Paragraph 18 adequately makes that assertion. The remaining seventeen paragraphs, however, are irrelevant and prejudicial and should be stricken."

A footnote in the motion notes that "Mr. Bellavia is not seeking dismissal of the Plaintiff's third claim for malicious prosecution since it is not directed at him. It should be noted, however, that the Plaintiff's agreement to an Adjournment in Contemplation of Dismissal means that she cannot establish that the underlying prosecution was terminated in her favor, as she is required to do."

When King's case was dismissed in accordance with her plea agreement in the Town of Ridgeway, the court record was sealed, and the court clerk in Ridgeway has denied there even is a criminal case on file in that court.

O'Brien also asserts that a number of claims made against Bellavia in the lawsuit violate the divorce decree's confidentiality and non-disparagement clauses. 

The divorce was final on Dec. 28, 2021.

"Plaintiff and her counsel were well aware of the restrictions placed on their ability to engage in such unrestrained and harmful public disclosures," O'Brien states.

The Batavian attempted to contact McMurray today for comment and did not get a response. He did not respond when we sought comment for a prior story on the lawsuit.  It should be noted that McMurray has previously indicated he has blocked communication from The Batavian's publisher (see related item).

None of the other defendants in the case have filed responses yet. The federal docket (Pacer account required) indicates all defendants were served prior to Dec. 9.

The filing of the lawsuit against Bellavia and the other defendants coincided with the release of Bellavia's new book, "Remember the Ramrods: An Army Brotherhood in War and Peace."

On Dec. 28, Federal Judge Jeremiah J. McCarthy granted Bellavia's "motion for leave to file under seal," which allows O'Brien to file supporting documents from the divorce proceedings for the court's review while keeping the documents sealed. 

McMurray has until Jan. 13 to file a response to the motion to dismiss. A hearing has been scheduled in Federal Court on Jan. 24.

Press release:

The Holland Land Office Museum will be closed from Tuesday, Jan. 3, through Saturday, Jan. 21.

The staff and volunteers of the museum will be working on getting the museum ready for a brand new year in 2023 full of new exhibits, displays, programs and special events.

The museum will resume its regular operating hours of Tuesday through Saturday, 10 a.m. to 4 p.m. on Tuesday, Jan. 24. 

For more information or questions, please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com.

Once Batavia was able to slow down Merritt Holly, Jr. in the fourth quarter, the Blue Devils were able to pull away from the Oatkan Knights in the large school championship game of Lions Club Pete Arras Memorial Tournament at GCC on Thursday night.

Holly led the tournament in scoring after posting 28 points against Batavia, though he was held to just two field goals in the final quarter.

Le Roy's next highest point total came from Jean Agosto, with eight.

Carter McFollins scored 20 points for Batavia, and Rasheed Christie scored 12.

"I think our ball pressure in the second half was a key factor in that game," said Batavia Head Coach Buddy Brasky. "Merritt Holly is tough to stop and we really emphasized sandwiching him with two defenders and putting ball pressure on the guards, and I think that's what really kind of turned the game in the second half."

Brasky said he's proud of the effort of his team.

"They're playing hard, but we've got a long way to go," Brasky said.

McFollins was named the tournament MVP.

Also on the all-tournament team for the large school division were Jamel Johnson, Jr., of Roy Hart, Agosto, Holly, Batavia's Ja'vin McFollins, and Christie.

Photos by Howard Owens

Tow truck operators don't get a lot of media attention.  They show up at an accident scene and might get in a few news photos as they hook up disabled vehicles to haul away, but they never get credit for helping to clear the roadway so traffic can flow again.

During Winter Storm Elliott, the county's tow truck operators were as essential as anybody else in getting people back on the road, and for saving stranded motorists.

And it was hard, hazardous work, some of them told The Batavian during interviews the past couple of days.

"I'm only 27," said Chad Dickinson of Dickinson Auto and Towing in Batavia. "I've never seen anything like this before, these blizzard conditions.  It was very treacherous at times, kind of scary at some points."

For Jacob Gross and Greg Lyons, who were joined in the effort by their boss, Cameron Selapack of L&L Transmission and Towing, there were aspects of the work that were just another day at the office. They found stuck cars and wenched them out and then either watched the owners drive off or brought the cars back to the shop or other safe location for storage.

"We're kind of used to it," Gross said. "But nobody should have been out on those roads. It was quite out of the ordinary."

It was bizarre at times, said Steve Grice, towing operations manager at Dan's Tire.

There were drivers in sandals, drivers with no phones, drivers who left the house with no charger and only a 20 percent charge on their phones, drivers low on gas, and drivers who put getting from one place to another a higher priority than themselves or their families, he said.

"I came across one guy, and I said, 'Sir, I'm gonna get you guys out because you are trapped in your vehicle, but why aren't you home with your family?" Grice recalled. "He said, 'Well, we need to get to the Christmas party.' I said, 'Your lives are at stake here. You need to get home.' And his wife leaned over, and she goes, 'thank you.' We pulled them out, and they went on their way."

Grice encountered a lot of people from Canada, such as the family in the story above, as well as other states.  As has been noted by county officials, most of these people wound up on Genesee County's backcountry roads because the Thruway closed, and they were following GPS maps.

"You wouldn't believe the number of people who said, 'Well, Siri said to go this way,'" Grice said. "I don't think Siri knows what's going on inside your car, you know? I mean, it's like you've got to look at the weather. You've got to know where you're going."

Gross and Lyons said they were surprised by how many people were out on the roads in the midst of a travel ban.

"We're hooking somebody up, and people continue driving by trying to get from Point A to Point B or wherever they were going, even though there was a travel ban," Lyons said.

"We even saw people out walking," Gross added.

You know things are bad when tow truck operators got stuck, and that's what happened to Grice and a member of his team on Friday.  

The Thruway Authority had asked Dan's to send a truck eastbound to check on some vehicles because they couldn't be reached from the west.  When the driver was ready to return to Batavia, he got stuck, so Grice drove out to retrieve him. He became stuck. They were out there until 10 the next morning until a truck from the Thruway authority helped them get moving again.

Grice said he had a lot of sympathy for the people who got stranded in their vehicles, and there was no way for search and rescue teams to get to them for hours.

"It was mentally just exhausting," Grice said. "And just sitting there thinking about the other people that were trapped out there and how people couldn't get to them. It was just a feeling of helplessness that was just overwhelming, you know, and it just was terrible."

Dan's ran three trucks with five crew members on Friday night, and when things cleared a bit on Friday, they had five trucks out.

Dickinson had four flatbeds and two wreckers running.

L&L had three trucks out.

The Batavian didn't have time to reach out to the other tow truck companies in the county, but they were all involved in vehicle recovery efforts throughout the event.

Winter Storm Elliott is a couple of days of work Grice said he won't soon forget.

"It was amazing," he said. "Some of the cars we pulled out, you open the hood and the engine bays were just packed. They looked like big ice cubes in there. It was just amazing. With some of the cars, the snow had gotten in around the door jams and filled them with snow. It was quite a sight to be seen."

Gross and Lyons won't forget it, either.

"Nothing compares to this one," Gross said. "This one was kind of crazy."

All photos courtesy Steve Grice/Dan's Tire.

Photo by Frank Capuano.

Outside the Jerome Center. Photo by Carrie Lawrence.

A semi-truck has reportedly taken down wires in the area of 17 School St., Batavia.

The driver is still in the truck.

City Fire is on scene.

UPDATE 1:59 p.m.: National Grid and phone company requested to the scene.

UPDATE 2:12 p.m.: No electrical lines. "National Grid is not involved. Lots of phone lines and lots of cable lines."  City Fire is clearing.

The Batavia Blue Devils beat Roy-Hart 77-41 at GCC on Tuesday to win their open-round game in the annual Lions Tournament.

Ja'vin McFollins scored 17 points, Rasheed Christie, 16, and Sawyer Siverling, 13.

Batavia will play Le Roy for the large school crown on Thursday at 8 p.m.  Notre Dame and Oakfield-Alabama will face off for the small school trophy at 6:30 p.m.  Both games are being played at GCC.

As city and county officials tallied the weekend’s figures — numbers of staff on overtime duty, and total costs for manpower, equipment and related expenses — their gratitude for community support will extend to federal aid as well now that FEMA has announced financial assistance for New York State, and in particular, Genesee County.

Declaration should mean federal help
“There's a process that FEMA takes based on filing the emergency declaration that allows us to expend funds to deal with life safety, whether it's infrastructure, or housing and rescuing people, and then they'll evaluate damages, and overall cost affiliated with the storm,” County Emergency Management Services Director Tim Yeager said Tuesday. “And then they'll look at a declaration that will allow for reimbursement of expenses. So it takes about two weeks. Because then the data and the costs are accumulated and then sent to the state, they gather that and then send it to FEMA, and then they make a decision based on matrixes that they have on thresholds of cost. They're going to pay, typically, the federal reimbursement rate of 75 percent of the cost.”

That remaining 25 percent is sometimes paid by the state, he said, or it would go to the local municipality.

Both city and county management are still in the accounting phase of determining final numbers and associated costs of Winter Storm Elliott.

“At this time, there is not a complete accounting of the OT that was expended due to the storm, but we will be finalizing the reporting and submitting it to the County as part of their storm disaster relief accounting and potential FEMA reimbursement," City Manager Rachael Tabelski said Tuesday.

What goes into the accounting? 
City of Batavia personnel, including the Public Works, Water Plant, Wastewater Plant, Police and Fire departments, “stepped up during the storm to ensure that the city remained passable,” Tabelski said. All departments continued to operate and assist the county staff with storm response throughout the Christmas weekend, she said.

Some staff members spent the night at the Water and Wastewater Plant to ensure continuity of operations. The Police Emergency Response Team was called in Friday and Saturday to help with search and rescue with the city’s MRAP, she said. An acronym bandied about lately -- an MRAP is a military light tactical (Mine-Resistant Ambush Protected) vehicle that’s as heavy-duty and dependable as it sounds.    

The city’s Fire Station became a makeshift central distribution point for food, water, and supplies for those stranded or displaced by the storm, and firefighters and city staff worked to get supplies out to the 11 warming shelters throughout the county, including one at Grace Baptist Church in Batavia. 

"The City of Batavia workforce is a dedicated group of people who show up and get the job done, day in and day out,” Tabelski said. “And I am very proud to get to work with such a great group of individuals.”

Substantial overtime
County Manager Matt Landers, likewise, did not have specific numbers, adding that “it is hard to quantify how many staff actually participated” and thought he could pull together something more definite in the next day or two. “We are still calculating the OT,” he said Monday night, but he knows that it was “certainly substantial.”

He planned to submit a claim once the Federal Emergency Management Agency (FEMA) declared the storm a federal emergency, which it did on Tuesday.

“I would essentially say that everyone in the Sheriff's road patrol, every dispatcher, everyone in the Sheriff's Administration, all of Emergency Management, Highway Administration, all county plow operators” were involved, he said. “The community response to this storm was nothing short of amazing. So many people stepped up to help in so many different ways.  The heroic efforts by our law enforcement, volunteer and professional firefighters, first responders, dispatchers and snow plow operators undoubtedly saved lives.

“In addition to these brave individuals saving lives, it was wonderful to see the rest of the community step up by sheltering stranded individuals, whether it was at a warming center or people that opened their personal homes up to stranded motorists,” he said. “The outpouring of food and supplies from the community to those in need was wonderful to witness!”

The weekend — which began early on Friday and built into a full-blown, three-day disaster management exercise — had affected not only hundreds of motorists diverted off the Thruway, but also those in command of alleviating the storm’s effects.

A scary Disney ride
“The experience for me was like a roller coaster, with fears of having stranded motorists in our county succumb to the elements to the amazing news that our first responders had cleared all of the vehicles with no fatalities.  I was in constant communication with our Sheriff, Highway Superintendent and Emergency Management Coordinator, keeping up to date on how the storm was tracking and how the road conditions were deteriorating,” Landers said. “Their advice, plus the input of county departments that care for our vulnerable populations, along with discussions with the city manager and chair of our Legislature, made my decision to close county offices for Friday the clear choice.”

Close communication with those people also helped him to make another decision, to implement a countywide State of Emergency and travel ban, he said. Along with the hard work came amazing stories, he said, of everyday people stepping up with heroic actions to help save lives. 

“I hope many of these stories get out in the press in the following days so the rest of the county can learn about the heroes walking among them,” he said.

Tabelski had a “very good idea” of how to organize the food and get it delivered to the shelters and emergency responders, while Landers and his wife Melissa reached out to friends and colleagues in Batavia to appeal for donations. Landers and his daughter Katie then drove around picking up the many homemade dishes and snack and beverage items.

“I still have to get these dishes back to the families that donated, which will hopefully happen in the next couple of days, but I am sure some won't make it back.  It was nice to see over 20 people that we had messaged step up and donate food items,” he said. “I want to give a huge shout-out to John Spryopoulos from Settlers Restaurant, who donated seven full pans of food and eight half pans of food.  He opened up his kitchen with a couple of helpers Saturday morning and had the food ready by early afternoon.”

Recovery here, ongoing rescues a county over
Yaeger took a few minutes to look back and appreciate all of the efforts that went into weekend rescues, though his work was not quite done. The last of the stranded motorists emptied out of warming shelters by 9 p.m. Monday, he said, and they were back on their way home — whether directly by a vehicle on side roads due to a still closed Thruway, or after checking into a local hotel to get more rest before their trip.

He, on the other hand, was still in full rescue mode, helping to coordinate vehicles — MRAPs borrowed from Orleans and Livingston counties and utility task vehicles (UTVs) — for arrival in Erie County. Many of those vehicles were needed to transport patients ready for check-out at hospitals so that additional patients could be treated, Yaeger said.

As one of the many folks in this area to know about the infamous blizzard of 45 years ago, this latest one tops everything so far, he said.

"I think the onset was far faster than I think anyone expected it to be. And I think it was just typically the lake effect snow does not set up over Genesee County for that extended period of time. Basically, the heaviest lake effect was in that northwest quadrant, west side of the county. Pretty much the whole west side of the county that was the kind of that heavy, heavy, heavy snow and wind, and that's what caused all those problems,” he said. “I've never experienced that type of snow event and wind event. I mean, obviously I was a child when Blizzard of ’77 occurred. And that was a different dynamic because of the snow buildup on Lake Erie. We didn't have that to deal with. We just have heavy, heavy lake effect and the strong winds causing the low visibility, and then the people just can't clean the roads fast enough.”

He was a central point of operations and also walked the walk, joining a team on the roads Saturday night. Danger aside, “there wasn’t a lot of convincing needed,” he said about the responders eager to help out. They all agreed with similar sentiment that “we should not be out there," he said, and yet they all went.

“The internal fortitude of the first responders, both law enforcement, fire and EMS, not to give up and, they just keep pushing and pushing, and we obviously brought in more resources, but that took time to get those resources here,” Yaeger said. “But when you're in the storm, you're risking, obviously, their lives … risking the lives of the first responders out there. So, there'll be conversations, what do we do better? I know, from the state level, down to the local level, how can we do a better job of keeping cars off the road? They had plenty of warning, I can assure you that everyone knew it was coming.”

Lessons and thankfulness in hindsight
Landers also said that there will be a countywide discussion about learning from hindsight and preparing as much as possible for any future Elliotts that may blow into town. Tucked into the questions and concerns has been an element of gratitude for what Yaeger described as a “heroic effort that I witnessed” during at least a continuous 48 hours of responding to a nature-inspired emergency.

“All the way from the dispatchers to tow truck operators, and snow removal, highway workers and the volunteer fire and law enforcement of both Sheriff's Office, State Police, city PD, just never stopping until everyone they knew everyone was safe,” Yaeger said. “And it was absolutely, when you talk about heroes, those guys are heroes, and girls. Absolutely heroic effort, and then the sheltering of the public and the municipal leaders and businesses locally, from the churches, to schools to private restaurants, private residences.

“They just opened their doors and let complete strangers in,” he said. “It’s just absolutely amazing.”

Tabelski provided an updated donor list that was part of the “hundreds of volunteers in the city and across the county (that) stepped up to assist during this storm.” To view, see HERE. 

Top Photo: If you cannot see this scene very clearly, that's exactly what it was like for motorists on Friday and Saturday in the western part of Genesee County. Photo by Steve Grice. Above, a safer view of the cleared road, properties and an oncoming car Tuesday after massive cleanup efforts took place during the weekend. Photo by Howard Owens.

A motor vehicle accident with possible injuries is reported in the area of 7914 Lewiston Road, Batavia, which is just south of Galloway Road.

Town of Batavia Fire and Mercy EMS dispatched.

UPDATE 6:50 p.m.: Both lanes are blocked.

UPDATE 6:51 p.m.: No injuries.

UPDATE 7:09 p.m.: Fire police are stopping traffic.  "We just had one blow through. An orange Jeep." "Yeah, they're not going anywhere."

Frozen pipes that ended up bursting and spilling water at the newly built University of Rochester Medical Center are being repaired; however, the site will not be open this week for patients, Kim Hally-Hettrick says.

Multiple pipes were involved, causing a lot of water to flood the building at 7995 Call Parkway, Batavia. Bitterly cold temperatures caused the freezing pipes, a condition reported by business and residential folks this past weekend.

Patients will be redirected to offices in Le Roy, Brockport and Brighton, Hally-Hettrick said.

“They’re researching what caused that to happen,” she said to The Batavian Tuesday. “The floor was 90 percent covered with water, but it was mostly floor damage and not the walls.”

To keep patients safe, the walls are also being checked out to ensure there is no water seepage or related damage before reopening the center, she said. Project management firm Gallina Development Corporation has been working on the repair and research and has been “very helpful” in the effort, she said.

The situation is being evaluated for when the doors will open again for patients, and it is recommended that they call their respective doctors to reschedule appointments. Practices include Primary Care 585-345-1779; Allergy and Immunology 585-486-0930; Medical Oncology 585-602-4050; Neurosurgery 585-225-5767; Otolaryngology and Audiology 585-758-570; and Urology 585-275-2838.

Photo: File photo by Howard Owens

A house is reportedly filling with smoke at 7736 Lewiston Road, Batavia.

No flames showing.

Town of Batavia dispatched with mutual aid from Oakfield.

UPDATE 1:59 p.m.: A chief on scene reports nothing showing, house evacuated.

UPDATE 2:10 p.m.: An interior crew reports no smoke in the basement.

UPDATE 2:45 p.m.: No fire.