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A view of Veterans Day at the VA Hospital and the Upton Monument.

And below, a replay of our documentary on the Upton Monument.

Even though there are plenty of ceremonial activities for veterans to attend on Veterans Day, it’s sometimes necessary to bring the ceremony to the veteran.

And that’s exactly what the family members of Eugene DeFedericis decided to do this year. They not only planned a special day to honor his military service, but also for a little public recognition on his birthday, which happens to fall on Nov. 11 as well. 

His granddaughter-in-law, Stacey DeFedericis of Batavia, told The Batavian Wednesday of the surprise. 

“This is a salute to Veterans Day and to Eugene’s 97th birthday,” she said. “This is something special for him and his two great-grandsons. My boys are non-stop listening to his stories; they fell in love with him the moment they met him.”

Eugene, of Attica, is the grandfather of Jason DeFedericis, Stacey’s husband. He served in the United States Army during World War II and was stationed in Germany, France and Austria. A corporal C 5, the grand patriarch likes to share war stories and also serves as a role model for great-grandsons Abel, 6, and 4-year-old Haiden, Mrs. DeFedericis said. 

“He tries to instill being well-mannered and to present themselves to be the gentlemen they’re supposed to be,” she said. “He’s a strong guy, and very polite.”

The family has photos and articles of Eugene from his service days during 1944 to 1947. A framed collection of ribboned medals and one for sharp shooter is behind glass to protect the tokens of his service.

He has a flag up at his home and often wears a veterans WWII baseball cap, she said. Perhaps a given, he is “very, very patriotic,” she said, and used to travel around the county to various veterans ceremonies. He cannot walk as well as he used to, which prompted the family party at his home on Thursday. 

“It’s just a ceremony to say thanks, and for his birthday,” she said. “I’m just trying to do something special for him; it’s to show him he’s loved. I want him to know he’s still loved by us.”     

Photo: Veteran Eugene DeFedericis is flanked by great-grandsons Abel and Haiden, with grandson Jason and son Bob behind him. Photo submitted by Stacey DeFedericis. 

For the fourth time since he entered a guilty plea for defrauding funeral home customers, Michael Tomaszewski today was granted a delay in his sentencing by Genesee County Court Judge Charles Zambito.

Zambito said he granted the delay reluctantly, noting that at Tomaszewski's last court appearance he told him that continuance would be the last one.

Tomaszewski fired his previous attorney, Thomas Burns, and had told the court in October that he was going to hire a specific private attorney.  He did not hire that attorney and, yesterday, Tomaszewski asked for representation by the Public Defenders Office.

First Assistant District Attorney Kevin Finnell, who is also new to the case, called Tomaszewski's failure to retain a new attorney in a timely manner a "delaying tactic."  He asked Zambito to proceed with the sentencing today.

Today, Public Defender Jerry Ader appeared with Tomaszewski and said that doesn't know enough about the case or Tomaszewski to appropriately represent him and requested Zambito give him time to review files he received on a flash drive from Burns.  He said he hadn't opened the flash drive yet and doesn't know what documents might be on it, what might be missing, nor how many documents he needs to review to prepare for sentencing.

"I don’t have an idea right now how much time I need," Ader said. "I don’t know how much information I need."

Zambito noted that Tomaszewski owes a substantial amount of restitution to his victims, holding up a binder at least three inches thick that he indicated contains restitution claims.

In the gallery, there were a couple of dozen victims who came to court expectingTomaszewski to finally be sentenced.

"There are people here who have been here repeatedly, victims who want to address the court," Zambito told Ader. "There have been victims who have passed away. I received a notice earlier this week that a victim had passed away and this matter still isn't settled."

"I don't what his release status is or bail," Ader said. "I don't know if my client has always appeared in court or what his track record is."

He said with the prospect of Tomaszewski owing victims money, locking him in jail would mean Tomaszewski, who is employed, would stop earning money that might help pay restitution.

And that is a complicating factor in preparing for sentencing, Ader said. He didn't think a two-week delay would give him enough time to prepare. 

Some of the victims in the gallery whispered to each their dissatisfaction with the delay as the hearing proceeded.  Outside court, a couple confirmed they were disappointed but also said they understand how the court system works.

"I came in, I figured the same thing would happen," said Harry Tyson. "It's just going to be dragged out. And next time we come, it'd be something different. Dragged out. I guess he's doing his job as a lawyer. But, you know, we'd like to see it ramped up and get it over with."

His wife, Kathy, said, "I heard today that he waived his right to a speedy trial for his benefit. But what about everybody that keeps coming back, coming back? Waiting for something to happen?"

Their family lost $7,000 and have little expectation of being repaid, Kathy Tyson said.

"If people cannot get paid back, then I think he needs to be in jail," she said. "I really do. He can't be out there running around and doing whatever."

Al Kurek said he considered Tomaszewski a friend and was disappointed in him.  Kurek said he lost $2,800.

"I don't know what happened," Kurek said. "He got too big, too fast? No idea why, but I don't think it was drugs. I don't know if it was gambling. Nobody knows. It's just more out of the pocket than in. What can I say?"

The former funeral director entered a guilty plea in April -- a hearing that had also been delayed a couple of times -- to counts of grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial.

The plea offer included no promise of a sentence of lesser than the statutory time in prison of two and a third to seven years and he was scheduled for sentencing yesterday.

Tomaszewski, who operated the Michael S. Tomaszewski Funeral Home and Cremation Chapel in Batavia for more than a decade, was initially arrested in July 2020.  He initially faced more than 200 charges stemming from accusations that he took money from customers who intended to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

Both personally, and through his company, Acme Holdings of New York, Tomaszewski filed for bankruptcy in Federal Court on Feb. 5, 2020. Combined, Tomaszewski listed $1,094,346 in assets against $3,242,390 in liabilities. 

This morning, Zambito wondered if he should revoke Tomaszewski's bail status -- he's released on his own recognizance -- and Ader said he didn't even know enough about the case to represent Tomaszewski on that question.

Zambito said he wanted to make sure Ader had enough time to prepare, he said, because "I'm not going to grant another adjournment."

Ader said there would be "no problem getting the case resolved before the end of the year."

The new sentencing date is Dec. 7 at 10:30 a.m.

Tomaszewski has not missed a court date and when Zambito warned him that if he doesn't appear on Dec. 7, he will be sentenced in his absence. 

"I'll be here, Judge," Tomaszewski said. 

A motor vehicle accident with possible injuries is reported at Ellicott Street and Jackson Street, Batavia.

Fluids are leaking.

City Fire and Mercy EMS responding.

UPDATE 3:30 p.m.: No injuries or minor injuries.

Quentin Isiah Bloom, 24, of North Spruce Street, Batavia, is charged with criminal obstruction of breathing, unlawful imprisonment 2nd, and false personation. Bloom is accused of getting into an argument at 1:35 a.m., Nov. 3, at a residence on South Lake Avenue, Bergen, and of pushing a person to the ground and getting on top of the victim, which obstructed the victim's breathing.  The victim managed to break free, according to the Sheriff's Office, and Bloom pushed close the door of the apartment they were in, preventing the victim from leaving. A deputy on scene at that time managed to push the door open and separate Bloom from the victim.  Bloom allegedly provided the deputy with a fake name.  He was arraigned and ordered held in jail.

Dominque Sincer Betancourt, 19, of Lincoln Avenue, Rochester, is charged with petit larceny and criminal mischief. Deputies responded to Walmart at 3:14 p.m., Nov. 7 for a report of a larceny. Betancourt is accused of throwing merchandise outside of the store without paying for the merchandise. He was released on an appearance ticket.

Edward Joseph Allen, III, 32, of Pin Tail Crossing, Farmington, is charged with grand larceny 4th, DWI, and driving with a BAC of .08 or greater.  Allen allegedly stole a debit card from another person at 2:22 a.m., Nov. 6, at a residence on Emily Court, Bergen.  Allen is also accused of driving drunk the morning of the larceny incident. He was arrested by Deputy Kenneth Quackenbush and Sgt. Mathew Clor.

Mitch Gonyea wanted to take his mother Sonja to Chipotle Mexican Grill yesterday on its first day of business in Genesee County for her birthday.  Sonja's husband, who provided the photo (taken by the Chipotle manager) and information, said they were super excited about the opening and got there early -- 10 a.m. for a 10:45 a.m. opening.  The manager noticed them outside and figured they were cold so he let them wait inside the restaurant until the official opening, making them the first customers of the new location on Veterans Memorial Drive.  As the first customers, the manager gave them each a T-shirt.

As the 75th anniversary of Genesee Symphony Orchestra quickly approaches, the planning of its concert this weekend has been anything but rushed.

In fact, Conductor Shade Zajac has been thinking about the event for the last few years.

“I’ve been so looking forward to this particular season for so long, not for any personal reason. I just want the orchestra to be celebrated, for people to know that this incredible thing exists,” Zajac said during an interview with the Batavian. “I am not the same guy I was when we started … and the orchestra is not the same. GSO will always be part of my history and part of my family.”

The 75th celebration concert titled Yesterday, Today, Tomorrow is set for 4 p.m. Saturday at Genesee Community College’s Stuart Steiner Theatre, 1 College Rd., Batavia. 

Years in the making ...
Zajac, whose first season was in 2016, has been mulling the 2021 musical season “for a lot of years now,” he said. He had discussed it with Co-President Roxie Choate and had several ideas amidst a pandemic that had canceled many public events. 

“It was touch and go whether or not we would actually be having a season,” he said. 

Once venues began opening up, Zajac and staff plunged ahead with mapping out an agenda of nostalgic and meaningful pieces. History has been the focus of the orchestra’s return to the stage, exactly 75 years to the date it first debuted as Batavia Civic Orchestra. 

A letter in Richmond Memorial Library’s archives demonstrates just how delicate GSO’s formation really was. Zajac stumbled upon it, he said, while scouring the vast relics for concert ideas. It was fairly early on after the orchestra’s 1947 founding, and it was an ominous musing about whether it was worth it to carry on.

“Do you want the Civic Orchestra to continue? If so, will you work for it?” the letter began. “It will be a sad loss to the community to end the orchestra. It seems better, though, to end it quickly than to drag on to a slow death.”

Written by then-President Virginia Trietly, the letter ended with a hopeful encouragement to “muster up enthusiasm — lasting enthusiasm” that would allow the group to survive longer than 11 years. It’s safe to say that community members rallied to carry on and endure the next several decades.

“And here we are 75 seasons later. Yeah, through this horrible pandemic where many orchestras haven't been able to do a thing, and we've been fortunate enough to continue to make music. That's a really incredible thing,” Zajac said. “And it's a testament to the musicians, of course, to all the people that have worked on the board of directors and also to this community that continues to support us through tough times, and through great times. Without all of these components … we wouldn't be having this conversation.” 

As for the music, a concert lineup is chock full of classical compositions, a guest performance, and a piece of freshly crafted work. Mikhail Glinka’s “Overture to Ruslan and Ludmilla” is not unfamiliar to orchestras, as it has been performed “many, many, many times” by GSO and others, Zajac said.

“Because it's just a complete fireworks spectacular showcase for the orchestra,” he said. “It’s breakneck fast, and then it gets even faster at the end. It’s a statement to start a program with that piece.”

“Prelude to Act III, Dance of the Apprentices, Final Prelude and Intermezzo,” from Cavalleria, was featured in the very first orchestra performance. Zajac discovered the musical score in library archives labeled with the group's original name. Considered a “classical repertoire,” the prelude is “just gorgeous,” he said.

“I really wanted to do something different, something from the very early season … the librarian gave me the score. And the coolest thing is, stamped on the cover is the Batavia Civic Orchestra, which is, of course, the name before,” he said. “So that is a cool find. And that's a really great piece.”

Then and Now ...
Guest soloist Mia Fasanello will also become part of the orchestra’s history by performing a concerto 75 years after her own grandfather, Sebastian Fasanello, played one during the first concert. No stranger to the GSO, Fasanello won its Young Artist competition for her oboe performance and was a featured soloist with the group for “Concerto for Oboe and Strings” in 2017. Currently studying with the Juilliard School, Fasanello’s talent prickled the judges’ ears from the very first tuning note.

“Oboe is a really tricky instrument to play. And for such a young person to have such a mature sound, it was a no-brainer that she had to be the winner,” Zajac said.  “So it's really great for us to have her come and perform, and to work with us in this collaboration. And it just plays into the whole idea that this is a generational thing.”

From the past of a musician’s grandfather, the concert also includes the present with a “world premiere” of Nancy Pettersen Strelau’s original piece, “A Simple Beautiful Idea.” 

Zajac wanted someone connected to the orchestra to compose a piece for the celebration but wasn’t initially sure who that should be. He chose Strelau for her role as his teacher, mentor, and sounding board throughout his education at Nazareth College School of Music. She even nudged him into applying for the conductor position when it became vacant in 2015. 

“I owe so much to her, she’s an incredible human being; she’s always been there,” he said. “It’s a really beautiful piece … the idea of back when they first wanted this orchestra, how daunting it must have been. It’s a very special piece to me.”

A majestic and lively “Hungarian Rhapsodies no. 2” ends the lineup with a melody often heard during popular cartoons Tom and Jerry, and Bugs Bunny. Don’t be surprised if your mind conjures up a sneaky little rodent wreaking havoc during portions of the song, Zajac said. 

The program includes proclamations from state Assemblyman Steve Hawley and Genesee County Legislator Rochelle Stein; and a display that highlights “certain aspects of our history,”  said GSO librarian and second chair clarinet Joanne Tumminello. A GSO calendar will be available for purchase to support the orchestra and provide a cherished collection of photos across the decades, she said. 

A member since 1995, Tumminello has been in charge of gathering and preserving tidbits of time in the form of news articles, photos, videos and other materials. This year has brought with it a sense of celebration to the wide assortment of members young and old and from all walks of life, she said.

“It’s definitely brought excitement to the orchestra,” Tumminello said. “It has brought us together.”

Shirts with the new GSO logo — selected from entries of a prior logo contest — have been made for members to wear during rehearsal, she said, noting that the 75th will be removed for next season and beyond. That’s a sign that “we can endure anything,” she said.

“The community has a love of history and enjoys supporting us, and that tells us to keep going,” she said. 

Zajac emphasized that although he may be the “face” of the orchestra, it takes the whole body of musicians, board of directors and community support to make a concert, and this celebration, happen. One musician in particular has become part of the 27-year-old conductor’s future: his wife Nicole. Before they were married, she filled in as a pinch-hitter for a vacant French horn seat. The late Bob Knipe, heavily active in the GSO and local music scene, had also “invited her to come and play” in the group. She eventually became a permanent member of GSO.

“I was in the thick of my first season with GSO and knew I needed a sub for Horn. And she turned me down, and we kind of kept talking,” he Zajac said. “And then as that particular concert approached, we needed an extra horn player last minute. So she stepped up, played, and then they kept inviting her back.”

And the rest, as they say, is history.

Tickets are $15 adults, $10 seniors and free to students with a student identification card, and may be purchased at Holland Land Office Museum, YNGodess or online at www.geneseesymphony.com.

Photos: File photos from previous seasons' rehearsals.  All photos by Howard Owens. Top photo, S. Shade Zajac in 2019.  Videos below from 2019.

Press release:

Batavia Community Schools is hosting a Fall Expo on Tuesday, November 9, at its Robert Morris location.

The event will include a job fair from 2-7 pm, in conjunction with the Genesee County Business and Education Alliance (BEA), and the annual “Warm the Night” activities from 5-7 pm.

Addition information on the Fall Expo events:

FALL EXPO

Date: Tuesday, November 9

Location: Robert Morris: 80 Union Street, Batavia, NY

• Enter through the Richmond/Vernon Avenues entrance
• Parking is available across the street at VanDetta Stadium
• Transportation Available (Bus locations/times available here)
• Click here to see participating businesses, agencies and organizations

JOB FAIR @ the FALL EXPO

Time: 2-7 pm

Location: Robert Morris Multi-Purpose Room

• Representatives from local businesses and organizations will be on-hand to discuss job opportunities and answer questions
• Eligible students will be able to obtain their working papers from 5-7 pm
• Open to all

WARM THE NIGHT @ the FALL EXPO

Time: 5-7pm

Location: Outdoors in the parking lot on the corner of Richmond/Vernon Avenues

• Donated coats, scarves, gloves, and hats will be available for children and families
• Local agencies and organizations will have tables set up to educate the community on the services they offer
• Food will be served by BCSD Administration, and all registrants will be eligible for raffle prizes

COVID PROTOCOLS

• Masks will be required in the building
• Tables will be socially distanced
• All participants will need to register before entering

Batavia Community Schools was launched in 2020 with a vision of building a better Batavia by promoting equitable learning opportunities, cultivating healthier families, and establishing a stronger community. The program aims to unite the community through shared resources, working partnerships, and open, collaborative communication.

Batavia Community Schools, located at 80 Union Street, also includes a Family and Community Engagement Center run by District Social Worker Julie Wasilewski. The Center hosts a Community Closet, which provides free clothing, hygiene products, food, and household items to those in need. The Center is also set up for meetings, computer access, and a children’s reading area.

Additional information on our Batavia Community Schools can be found here.

After 26 years of being cautious, solo beauty stylist Cheryl Fisher has decided to take the plunge into entrepreneurship. Her new business, Wisteria Studios Inc., is open for business at 617 East Main St., Batavia.

“This is kind of a lifelong dream. I never really expected it to come to fruition,” Fisher said Wednesday at her site. “I got lucky, and I fell upon this building. I’m stepping outside my comfort zone. God has me in this place for a purpose.“

Fisher, an Alexander native and Batavia resident, is proud to show off her business during an open house Friday. From 6 to 7:30 p.m., beauty professionals are welcome to check it out, ask questions and obtain more information about renting one of the two available studios. Friends and family may then also browse the gray marble floor, silver, white and gray-themed decor and a splash of painted lavender accents from 7 to 9 p.m. Light hors d’oeuvres and beverages will be part of the celebration, she said. 

Fisher, a licensed cosmetologist, began her career with the late Joseph Gerace, who she credits for her success.

“I would not be where I am without him,” she said. 

She was with Gerace for 10 years before operating a home salon for another eight years. Then life happened, and a divorce prompted her to move her beauty services in 2012 to a shack next to O’Lacy’s on School Street. Nine years later she spotted her next venture: the former Kentucky Fried Chicken-turned-auto shop-turned computer store on East Main Street. 

Major renovations included a complete dig-out of the foundation via Bobcat, removal of the signature KFC cupola and other restaurant memorabilia left behind of the Colonel Sanders fame. Fisher wants to preserve the history of when the Lazarony family bought the building for KFC in 1963, and how it transformed into other businesses up to now.  

Floor space of 2,000 square feet has been subdivided into four studios.

“It’s gorgeous. Hopefully it’s going to stay like that for a long time,” she said. “There’s a common waiting room, a break room, a corridor and each stylist renting a space will be behind closed doors.”

Her dream included a studio salon at which clients aren’t clustered next to each other during services. So the studios — fully equipped with storage cabinets, freestyle dryers, a shampoo station and styling chair — provide a comfortable and private environment for each client, Fisher said. Add to that amenities of on-site laundry, WiFi, garbage removal and snow plowing. She already has one tenant to offer Mary Kay products, facials and classes, and is looking to fill two more spaces with stylists, a barber or esthetician.

Supported by a silent partner, Fisher said this venture has been filled with challenges, from lack of supplies due to COVID-19 to not being able to do hands-on shopping for decor and accessories. She wasn’t certain of what to name the place, and came across some wallpaper with purple wisterias dripping down from ceiling to floor. She liked the color, and locked in her business name after reading a definition of wisteria: “a plant that never settles and never stops growing,” she said. 

“The beauty industry is the same, it never settles and never stops growing. And that’s me,” she said. “I want (tenants) to come in, be happy, have fun and enjoy what they do. Everyone is their own entity, they all do their own thing. I’m looking forward to my own space, but having people in the building. I have put my lifetime investment into it.” 

For more information, call 585-343-1247 or email wisteriastudios.617@gmail.com.

Stylist and business owner Cheryl Fisher works on a customer's hair at her new place, Wisteria Studios Inc. Photos by Jim Burns

Tyler Lynn Vanskiver, 25, of Putnam Road, Bethany, is charged with endangering the welfare of a child, criminal mischief 4th, criminal obstruction of breathing or blood circulation, unlawful imprisonment 2nd, and menacing 3rd.  Vanskiver was arrested after deputies responded to a report of a disturbance at a residence on Putnam Road, Bethany.  He allegedly obstructed the breathing of a woman and prevented her from calling 9-1-1 in the presence of two children.  He was arraigned in Town of Bethany Court.  His release status was not included in the press release.

Catherine Ann Klinkbeil, 53, of Bank Street, Batavia, is charged with DWI and driving while impaired by drugs.  Kilnkbeil was stopped at 4:32 p.m., Oct. 12, by Deputy Chad Cummings.  She was arrested Oct. 28 by Deputy Chad Cummings, processed at the jail, and released on an appearance ticket.

John William Murphy, 48, of Beaver Meadow Road, Bergen, is charged with criminal contempt 2nd.  Murphy is accused of not surrendering a firearm to authorities in accordance with an order of protection.  Murphy was released on his own recognizance.