Stories from

When Michael L. Elmore, being held at the time in the Genesee County Jail, learned on March 10 that Sgt. Thomas A. Sanfratello had died following a disturbance at Batavia Downs; he waved his hands and exclaimed, "No, no, no, no, no, no, no."

He then told Det. Jason Iverson, "I didn't kill nobody, bro."

Until then, Elmore apparently didn't understand why he was being held in jail along with his girlfriend, Lyndsey Wilcox.

His statements are included in a decision by County Court Judge Donald O'Geen in response to a motion to suppress statements by Elmore while in custody before he was charged with a crime.

O'Geen ruled that Elmore's statements were either made voluntarily when not being questioned or after he had been read his Miranda Warnings so the statements could be used at trial. The trial of Elmore and Wilcox is currently scheduled for June.

 The Batavian obtained the motions and decisions issued so far in the case after they were made public recently.

Elmore is charged with multiple charges for his alleged attack on Sanfratello, including aggravated manslaughter in the first degree, and Wilcox also faces several charges, including burglary and assault.

According to O'Geen's written decision, the judge reviewed video from a body-worn camera that was left sitting on a desk so it could record Elmore and Wilcox (in separate cells) while they were being detained. He said five hours of footage were captured.

Most of the time, Elmore was quiet.

"At other times, he is heard on the recordings casting insults and threats at corrections officers demanding to know what charges he faces, and talking with his co-defendant Lyndsey Wilcox," O'Geen writes.

When Ivison first arrived with Det. Eric Hill, Elmore said, "I just want to know what's going on."

Ivison told him, "we'll go over that" and told him, "we're here to talk about what happened at Batavia Downs." 

The detective informed Elmore that they were trying to figure out what happened. That they had reviewed video footage and talked with multiple witnesses.

"I gotta refuse ... " Elmore says before Ivison interrupts him.

"Hold on. Before you start, I want to go over a couple of things and make sure you understand your rights."

Then Ivison says, "I also want you to know that the deputy that was there, I don't know if anybody told you this yet or not, but he died."

O'Geen states that Elmore was visibly upset by the news and makes his statement about not killing anybody.

"We're not saying you did," Ivison says. "We're just trying to get your side of the story. I'm just being up front and honest."

Elmore interjects, "I gotta refuse the services of a  ... " and O'Geen says he breaks off at the letter "L." 

O'Geen writes, "Suggesting that he might have intended to say the word 'lawyer." What word he intended is a matter of speculation, however, because he did not say it."

Iverson interrupted and told him he would advise him of his rights, which he did. Elmore did not ask to speak with an attorney before answering questions. 

O'Geen does not include any further portion of the interview.  He ruled last month, "The court finds the people have shown beyond a reasonable doubt that the defendant's statements to law enforcement were voluntary."

In a separate ruling, O'Geen said Wilcox could stand trial on a burglary charge.

Her attorney argued in a separate motion that case law precludes the burglary charge because, in his view, there was no evidence she stayed at Batavia Downs after being told leave with the intent to commit another crime. A burglary charge requires a person to enter or stay on premises unlawfully with the intent to commit some other crime.

O'Geen found there was sufficient evidence of intent for a jury to consider the charge.

St. Paul Lutheran Church and School is facing a lawsuit stemming from the conviction of a former principal to a child course of sexual conduct charge in June 2023.

The suit alleges that the church was aware of complaints of inappropriate conduct toward young girls and failed to act to protect the children.

In an answer filed with the Genesee County Supreme Court, St. Paul's denies all of the substantial allegations and moved to dismiss the case.

The next hearing in the case to consider motions is on Nov. 7.

Jason Clark worked for the school for 20 years and was named principal in 2019.

He admitted to sexual course of conduct with a child after initially being charged with two counts of sexual conduct against a child in the second degree. He was accused of sexual behavior with a child less than 11 years old over two separate periods in 2014 into 2016.

The child's guardian filed the lawsuit on behalf of the child. The child and guardian are only identified by initials in the suit.

The suit seeks "attorneys’ fees, costs, pre- and post-judgment interest, compensatory damages, punitive damages, and such other relief as this Honorable Court deems just."

Clark is not named as a defendant in the suit.

The 13-page complaint contains numerous allegations (some repeated under the multiple sections of the complaint).  

The plaintiff's attorney, Nathaniel L. Foote, from a law firm in Harrisburg, Pa., makes multiple representations about events and actions underlying the claims.

These include:

• "Prior to the cessation of Plaintiff’s abuse by Clark, employee(s), volunteers, and/or agent(s) of St. Paul, including administrators with the power to take corrective action, became aware of Clark's inappropriate behavior toward minor female students."
• "... Clark kissed a female student while consoling her while alone with her in a staircase."
• "... Clark tickled and hugged multiple children and placed children on his lap."
• "Parents reported they were uncomfortable with this behavior to St. Paul."
• "Parents’ reports to St. Paul about Clark’s uncomfortable behavior with students was known to St. Paul’s leadership prior to the cessation of Plaintiff’s sexual abuse."
• "Clark admitted to sending a 'warning' to the parents of his students that he is a 'hugger' and acknowledged hugging children is not easily accepted by people as it is by a female teacher."
• "Such behavior put St. Paul’s leadership and administration, including Pastor Allen Werk, on actual notice that Clark posed a risk of sexual harm to St. Paul’s students."

In its answer, filed by attorney Michael E. Appelbaum of Buffalo, St. Paul's denies all of these allegations except for the assertion that Clark sent the "warning" to parents.

Foote asserts that St. Paul's was negligent in allowing Clark access to vulnerable students, failed to provide adequate supervision, and took no precautions to prevent his client's injuries.

The church denies these allegations.

In response, Appelbaum states, in what is called an 'affirmative defense,' that the plaintiffs failed to state a claim that led to any relief ordered by a court. He said the complaint violates the applicable statute of limitations. He says the complaint fails to show that his client breached any lawful duty owed to the plaintiff. He also suggests a third party, to the church, is responsible for any damages. On legal grounds, he states, many of the claims made by the plaintiff ar barred because the damages were not caused by his client.

In the tenth affirmative defense, he states that "any alleged injury and damages sustained by the plaintiff were worsened by the plaintiff's failure to act to mitigate such injury and damage."

He also suggests that the plaintiff may have received settlement funds, barring any further recovery of damages.

Peter Celentano, of Bergen, was charged in U.S. District Court on Tuesday with illegal possession of machine guns.

Authorities searched his residence on Rochester Street and property associated with him in Lyndonville and Medina.

The Medina search also involved a dive team recovering from the bottom of the Erie Canel a box with 10 AR-style receivers, an unmarked gun, magazines, and other firearm parts.

According to U.S. Attorney Jeffrey E. Intravatola, the searchers on Sept. 29 in Bergen recovered two 3D-printed pistol frames, firearm parts and accessories, ammunition reloading equipment, an AR 80% style Jig and drill, a drill press, and various other tools related to firearm manufacturing. 

Investigators also searched two properties in Lyndonville and an apartment on East Avenue in Medina, recovering numerous AR-style lower receivers, 3D-printed handguns, and additional firearm parts and accessories. Approximately 59 of the AR-style receivers contained a “third pinhole,” qualifying them as machine guns, according to Intravatola.

The search warrants were executed by the State Police, Genesee County Sheriff's Office, and ATF. 

If convicted, Celentano faces a maximum penalty of 10 years in prison and a $250,000 fine.

Byron Brown, the former five-term mayor of Buffalo is stepping into his new role as president and CEO of Western Regional Off-Track Betting/Batavia Downs. Last week, The Batavian sat down with him for an interview.

Brown said is primary focus is on running the OTB as a business, growing revenue and increasing profits for the 17 municipal owners.

"I'm not coming here to be a politician. I'm coming here to be a focused business executive," Brown said.

He didn't follow much news about Batavia Downs before learning of the search for a new executive to replace Henry Wojtaszek.  He said he has little knowledge of prior controversies. The evidence he sees so far is that Wojtaszek did a good job running the organization and he sees no signs, as some have charged, of corruption.

"Henry's been the CEO for 15 years (actually eight years as CEO and 15 years as general counsel)," Brown said. "I had never heard any negative talk about the place until last year. So, being here, seeing how the staff operates, seeing how the staff interacts with him, seeing his command of the knowledge of how this organization works, I have been impressed with him as I've gone through the orientation learning about Batavia Downs, as I look at the financials, as I look at the earnings of this organization, it is very, very profitable. Whatever the controversy might be, Henry Wojtaszek is doing something right because this place is now earning record amounts of money, more than it has ever earned, and producing that revenue to 17 municipalities."

He will leave it to the board to set OTB's legislative goals, but he is confident he can help the board achieve those goals.

"As mayor of the second largest city in the state of New York, I'm talking to state legislators all the time, not just members of the Western New York State legislative delegation, but state legislators all across the state of New York," Brown said. "Some of the state legislators I served with are still in the legislature, and I've stayed in contact with many. I've had to work very closely with Governor Kathy Hochul. Governor Hochul is a resident of the city of Buffalo, so I do have access to state legislators, I have access to the governor, and I have had open lines of communication with all of these individuals for many, many years."

Here is a full transcript of the interview:

The Batavian: If you were speaking to all of Genesee County right now, how do you introduce yourself?

Byron Brown: I introduce myself as a person who's been selected to be the president and CEO of Western Regional off-track betting Corporation. I am very pleased with this opportunity to move in a different professional direction and to extend my years of public service. I will be working in a corporate environment, but serving 17 member municipalities and trying to raise the revenue that Western Regional Off-Track betting Corporation provides to 17 member municipalities, including Genesee County,

Having served as Mayor of the City of Buffalo for over 18 years, I understand how important these revenues are in the city of Buffalo's budget, and I know that they are important to the budgets of the other 16 municipalities that receive proceeds. I will work as hard as I can, as smart as I can and as collaboratively as possible to continue building this organization and making it even more profitable. It is already profitable, but I aim to help make it even more profitable.

Q: One of the things Dennis Bassett said to me is that relative to Monroe County, Erie County, and Buffalo, the revenues for Genesee County and the other rural counties are more significant. Even though the revenue is smaller, numerically, it's much more significant budget-wise. Is that something you're aware of, and want to ensure that it is maintained?

A: It is definitely something I'm aware of. I'm aware of the revenue that goes to all of the 17 member municipalities, for all of the municipalities, including the smaller municipalities. Not only do I want to maintain the revenues that they are receiving, I want to grow the revenues that they're receiving.

Q: Any hobbies or interests? What do you do when you're not a public servant? 

A: I have been pretty much a workaholic, but I like to walk with my wife. We have great parks in the city of Buffalo, so we walk some of those parks. I have some friends I cycle with, ride a bicycle, and I enjoy that. I don't get to watch a lot of TV, but I like Westerns when I do, and my wife and I are helping to raise our six-year-old great nephew and seven-year-old great niece. I like spending time with them, including our son, who is 34 now. Something my great niece and I have started doing together is watching Star Trek at eight o'clock before her bedtime.

Q: Which series are you watching?

A: The original.

Q.: The original, great. Starting her outright.

A: Yeah, starting her outright.

Q: I've seen everything. I grew up on Star Trek.

A: So I've, yeah, I've seen every episode many, many times over.

Q: I've seen all the other series.

A: I have, too.

Q: I've watched Discovery and everything.

You kind of touched on this, but just what attracted you to this job? Well, it's kind of a two-part question. What did you know about Batavia Downs before, and then what attracted you to the job when you found out it might be available?

A: I didn't know much about Batavia Downs before applying for the job or coming here, there were a couple of people that said, hey, this position is available. You should take a look at it. I did. The major thing that jumped out to me is its revenue to the 17 member municipalities. I was very attracted by that because I knew of the revenue that came to Buffalo. I didn't really pay much attention to the revenue that might have gone elsewhere. When I really researched where the revenue goes, I felt that the function of this organization was very important in Western New York and in the state of New York, and I saw it as an ability to move into a corporate environment. This is a public benefit corporation. It's got to be run like a business. I saw it as an opportunity to utilize the management skills that I've been able to develop over the years and, most importantly, help 17 municipalities in Western New York, including the city of Buffalo and Erie County.

Q: It sounds like you have a passion for municipalities. Does that come from your background as mayor?

A: It does. I have a passion for municipalities. Before I ever ran for any office, I had the opportunity to work at senior levels in city, county and state government. Before my five terms as mayor of the city of Buffalo, I was a member of the New York State Senate. I was in the Senate for three terms. One of the committees I served on was racing, gaming and wagering. So certainly, you know, I have exposure to that committee and its functioning, and before that, I was a member of the city council for three terms in the city of Buffalo. Because of those experiences, my alma mater, Buffalo State University, recruited me to teach a course with other professors at the university in municipal governance, and so I was recruited to be a professor of practice at Buffalo State and really leaned into not only my own understanding and learning about local government and municipalities but also the importance of those governments in our state,

Q: You were mayor of one of the finest cities in the state of New York. And it is the state of New York, and this (Batavia Downs) is a much smaller footprint; some might say that's a kind of, it's not even a lateral shift. It might be seen as being a bit of a step-down. I realize it's higher pay, but there's not the same jazz, is there?

A: You know, some people have said that. I don't feel that. I think all work is important, meaningful, and valuable. There are at least 430 people that work in this organization. Their jobs and ability to support themselves and feed their families are critically important to them. The revenues -- since this organization was established in 1973 and began paying proceeds to municipality municipalities in 1974 -- it is almost $300 million that has been paid out to the 17 member municipalities in that period of time. That's significant. That means something; those dollars go to all of those communities in Western New York. I saw it as exciting to be able to come in as president and CEO and not only maintain that but find ways to grow that. So, I see it as an exciting management challenge in an organization that has an important function in the state of New York, and I am honored to have been selected to do this work, which I think is important.

Q: One of the things I've talked with Dennis Bassett about is your legislative experience. That was, I think, a major selling point for him and the board. Please talk about your legislative goals and what you think you can deliver.

A.: My legislative goals are the board's legislative goals. The board will set a legislative agenda. Gaming is something that the board is looking at; maybe expanding the Video Lottery Terminal footprint is something else that the board is looking at, and reducing the tax rate is another.

Q: Explain the tax rate.

A.: The tax rate on Western Regional Off-Track Betting proceeds, so reducing the tax rate ...

Q: That goes to the state?

A: That goes to the state. If that were reduced, the proceeds to the 17 member municipalities would be increased. Those are some things in the legislative agenda that the board has talked to me about.

As mayor of the second largest city in the state of New York, I'm talking to state legislators all the time, not just members of the Western New York State legislative delegation, but state legislators all across the state of New York. Some of the state legislators I served with are still in the legislature, and I've stayed in contact with many. I've had to work very closely with Governor Kathy Hochul. Governor Hochul is a resident of the city of Buffalo, so I do have access to state legislators, I have access to the governor, and I have had open lines of communication with all of these individuals for many, many years. I can certainly have a conversation with them about what's important to this organization and 17 municipalities.

Q: We've talked about how good the revenue has been and the profits going to the municipalities. I've watched over the last few years the ramping up of events here, concerts, and other activities that help bring people here. Are those policies and practices you plan to continue, and what additions might you start?

A: The organization has done a good job in ramping up profitability, increasing hotel stays, increasing the number of events that are here, and when people come here for events, they often find themselves on the gaming floor, or they find themselves at the racetrack. All of those things help with profitability. So I certainly will continue those things. I'll be looking at -- are there additional things that we can do to bring more people here? I see Western Regional Off-Track Betting and Batavia Downs as kind of a resort-type experience in Genesee County in Batavia, New York.

Q: Do you support expanding the hotel?

A: I have been briefed on the hotel expansion. That is ultimately a decision that the board of directors has to make. But from everything that I have been able to review, from the pro forma I've looked at, I think that expanding the hotel would increase the profitability of this organization. It looks like a winning proposition. And when you look at all of the hotels in this geographic area, the Batavia Downs Hotel is, I would say, the most well-used of all of them. The percentage of people who stay at this hotel is higher than all of the other hotels in this area. So there's tremendous demand to stay here, to come here, and that certainly makes a case for expanding the hotel.

Q: Back to concerts. Are you a music fan?

A.: Yes, I'm a music fan. I like all kinds of music. I like country music, I like rock, I like soul music, I like jazz, and I like classical music. You know, people have been talking about the concerts that do really well here, and, you know, building on that concert experience, concerts --

Q: That's honestly one of my number of concerns. I like covering concerts here and I know Henry is a big music fan, so I want to see the concerts continue.

A: I'm a music fan. They will continue. What kind of music do you like to listen to?

Q: Pretty much everything you listed. Probably, primarily country, Americana, but I like a broad range. And one thing I've got to ask -- Buffalo? Rick James?

A: Definitely a Rick James fan, 100 percent.

Q.: I have almost everything he has on vinyl. I'd love to see the Stone City Band here sometime.

A: You know, I used to be a DJ in college, so I also have a pretty significant collection of vinyl. And so I have a number of Rick James albums. 

Q: That's great. 

A: You might even see me do some DJing here.

Q.: Oh, really?

A: Yeah.

Q.: Okay, that'd be great. When you do that, I gotta come down here and get some pictures. Come down and hang out, too.

We probably already touched on this, but I'd say specifically, more than on the legislative side, just as the operation of primarily Batavia Downs, but in general, are there other ideas that you have yet that you want to pursue?

A: It's a complex operation. There are a lot of good things that are happening out here. Three restaurants that do very well. I've eaten in all of them now. The food is very good. The service is excellent. I think about that very famous commercial, 'We don't want you to just like coming here. We want you to love coming here.' The hospitality is great here. The people in almost every facet of this operation are warm, friendly, and welcoming, and I think that translates to success.

I think, you know, building on the events that take place here and businesses being able to hold retreats here, there are a lot of things that can be done to bring more people here. I know coming up, Roswell Park Comprehensive Cancer Center is going to have a major event here. I think getting more events like that from corporate organizations at the facility is something that can be done. They're currently working on that. I look forward to working on that with my new colleagues. So I'm very impressed with the hotel and the operation. They call it a luxury boutique hotel. In my capacity, I've stayed in hotels all over the country, and it's a beautiful place. It's a beautiful space. It's comfortable, and it's a really nice stay. And I think, you know, the more people see what Batavia Downs has to offer, the more they'll want to come here.

Q: Henry's controversial figure. What's your estimation of how he's run the Batavia Downs? Do you think there are issues there with him? What's your estimation?

A: I did not know a lot about Batavia Downs before I applied for the position. To me, the talk about controversy is very new. Henry's been the CEO for 15 years (actually eight years as CEO and 15 years as general counsel). I had never heard any negative talk about the place until last year. So, being here, seeing how the staff operates, seeing how the staff interacts with him, seeing his command of the knowledge of how this organization works, I have been impressed with him as I've gone through the orientation learning about Batavia Downs, as I look at the financials, as I look at the earnings of this organization, it is very, very profitable. Whatever the controversy might be, Henry Wojtaszek is doing something right because this place is now earning record amounts of money, more than it has ever earned, and producing that revenue to 17 municipalities.

My goal will be to continue that profitability and grow that profitability. I will look at all of the issues that people have talked about in terms of their concerns about the operation and will be transparent in the management of the operation, but at the end of the day, this is a gaming resort-type business. It's got many competitors, and it has to be run like a business. It has to compete like a business so that it can earn the money that the business is expected to earn. So, my focus will be on business. Sound, management and no involvement with with politics whatsoever. I think the controversy is bred by Republican-Democratic politics. I'm not coming here to be a politician. I'm coming here to be a focused business executive. And that's that will be what I do,

Q.: That overlaps with the other question I planned to ask you. There are people, even in Erie County -- I'm sure you've seen the story -- who say you're a political appointment. What's your response to that?

A: Well, no, I'm not a political appointment. No, no. Political person. Well, let me say this: I'm not a political appointment. I had to apply blind. I had to go through a number of interview processes. I had to present credentials. I had to go through a background check, and there were 17 board members that had to evaluate my credentials and make a decision unanimously to hire me. That is not a political appointment. The appointment is based on the board, and its 17 members have confidence that I can do this job. My focus is going to be on the business of Western Regional Off-Track Betting Corporation without concern for politics of any kind.

Q.: I think it's Sean Ryan, Senator Kennedy, and Kevin Hardwick, the comptroller. I don't pay that close attention to Erie County politics, but at one time or another, I know at least Kennedy and Hardwick have, and I think Sean Ryan has -- They've called this organization corrupt. Is that a characterization you agree with? Is that a fair question? If that's not a characterization you share, how would you push back?

A: You know, I would say that in particular, Senator Kennedy and I are very close now, Congressman Kennedy; we've worked very closely on many, many things over the years. I can't go back to what people are talking about. I don't know of those things. I can only go forward, since I've been here with all of the documents I've been able to read and review, and it's voluminous, the meetings that I've been able to sit in with various staff, I see a sound operation that is well run. There are some different things that I would do. I certainly will try to erase that perception from everybody's mind. But I haven't seen since I've been here any evidence of (corruption).

Q: So, again, this goes with representing the feedback I get in the community. There's long been an accusation that Batavia Downs was a Republican patronage job. When the board changed to weighted vote, one of the first speculations was that Democrats want to make this a place for a Democratic patronage job. That usually is the biggest concern, say, with middle management. Do you have plans to make changes in middle management? Will party affiliation play any role in who you hire?

A: People's party affiliation and people's last names are of no concern to me. People's performance and qualifications are what I am concerned about. So if the employees here are performing well, we certainly want to see them stay. Anybody applying to come here, if they're qualified for the positions that they're applying for, should be considered. But party affiliation, last name, who's connected to, who? I'm not going to get into that at all.

Q: Okay, so that leads to my next question. It has been reported that there's an issue with Henry's son being hired. Do you have any concerns about him being hired here at his current job, and what's your position on him maintaining employment?

A: Again, the last names of employees that are here are of no consequence to me. I'm focused on the performance of every employee, and as long as the employees here are performing their job duties as expected, then they will be welcome members of this team.

Q.: Do you think there's anything inappropriate about his son getting a job here?

A: Again, I don't know the circumstances around that. I haven't even met the young man yet. So you know, my goal is to go forward, to evaluate performance, to evaluate the effectiveness of employees, and if people are performing their jobs properly and are effective in their jobs, that's my only concern. other

Q.: Another issue that's been raised is Henry getting lifetime health insurance. Do you think that's an issue?

A.: Again, whatever his benefit package was and whatever his benefits are in retirement, those are decisions that have been made by the board of directors. As the incoming president and CEO, those are not decisions that I have the ability to make, and I would suspect if the board made those decisions, they were within their right to make them.

Q.  This is pretty much my last question. I know this has been people talking around the community, including elected leaders, concerned that with the change to weighted voting for the board and the Democrats gaining more control, the real end game is to eventually sell this to Delaware North or the Senecas. Have you heard that? Do you have any response to that? What is your position on that?

A.: I have not heard anything like that. Again. This is a very profitable operation. It is a corporation that provides proceeds to 17 member municipalities. There are plans that I have seen to increase the revenues that go to 17 member municipalities in Western New York. And I wouldn't want to see anything happen with the organization that would financially disadvantage 17 municipalities in the state of New York.

Q: (After the recording was off, Byron Brown mentioned plans for a trip to Albany, so we asked him to explain it on the record.)

A: Albany? It's the New York Gaming Association Board meeting. So we'll attend with Henry. We'll see how the board meeting works. We'll meet some of the members of the board, and then we'll try to have some other meetings in Albany while I'm there just to hit the ground running. This is my second day; it's been a lot. There are a lot of lot of meetings, a lot of briefings, lot of stuff to read, and I'm looking forward to going to Albany to the New York Gaming Association meeting

Q.: While we're recording again, is there an excitement about being here? Is it a change you're excited about?

A.: I like the place. I'm excited about it. I'm excited about what the future holds for the place. I'm excited about what I think I can do to grow revenue, to grow excitement, to grow awareness of Batavia Downs. You know, I've looked at some demographics to see where customers come from. I think, you know, a lot more people could come from Buffalo and in Erie County. So certainly, I have some ideas on how to get more people to come here and enjoy what I think is a great experience.

Batavia High School inducted its Hall of Fame members for 2024 at Batavia Down on Saturday evening.

Previously: Batavia Blue Devils induct 9 into Athletic Hall of Fame on October 19

Photos by Howard Owens.

More than 50 people from eight states gathered at St. Mark's Episcopal Church in Le Roy to learn more about Jane Boyer.

As a 10-year-old in Le Roy in 1834, Boyer created a sampler that is popular with cross-stitch enthusiasts today.

St. Mark's hosted a full-day seminar on Boyer and her work in the neighborhood where she grew up and attended church. The seminar included three lectures on Boyer and visits to the Le Roy House and the Jell-O Museum. Each participant received two fully-kitted cross-stitch projects based on her sampler to work on during the retreat and a digital PDF chart of the full reproduction sampler at the end of the retreat.

Leslie Delooze, host of the event, School Girls Samplers of Western New York, said, "it was very common for girls in the early to mid 1800s to make these (samplers) as part of their education."

Samplers allowed the girls to demonstrate their skills at cross-stitch patterns and other embroidery stitches.

D&R Depot Restaurant catered lunch.

Photos by Howard Owens.

Batavia First United Methodist Church hosted a Trunk or Treat on Saturday.

Photos by Howard Owens.

Mercy EMS, located on Call Parkway in Batavia, held an open house on Saturday morning.

Photos by Howard Owens

On Friday evening, Whole Life Fitness on East Main Street in Batavia, hosted its first-ever Zombie 5K.

Photos by Howard Owens

A hunter who heard a crash victim's screams called 9-1-1 leading to a response from Le Roy Fire, Le Roy Ambulance, and Le Roy PD, according to a release from the police department.

An unidentified 61-year-old resident of Brockport was seriously injured after he apparently lost control of his motorcycle at about 4:30 p.m. on Friday on Circular Hill Road, Le Roy.  

The driver's motorcycle had left the roadway and would not have been visible to any passersby, according to police.

Le Roy Officers Trerrez Smith and Sgt. Jordan Wolcott were first on scene.  They administered life-saving measures, including the application of a tourniquet to stop serious bleeding. 

The operator was transported to Strong Memorial Hospital by Mercy Flight. He is listed in critical condition, according to Le Roy PD. 

"We would like to sincerely thank the hunter for his quick action in calling 9-1-1," said Chief Greg Kellogg.  "His timely response was crucial; without it, the operator could have remained undiscovered for an unknown period.

The cause of the accident remains under investigation but preliminary indicates the driver failed to negotiate a curve in the roadway.

Photos courtesy Le Roy PD.

Is Lathan-based Plug Power pulling the plug on its $290 million green hydrogen fuel plant under construction at WNY STAMP?

Heatmap, a news organization that tracks alternative energy companies, reports that the STAMP site is not included in Plug Power's loan application with the Department of Energy. 

Plug Power has preliminary approval for a $1.6 billion loan from the DOE to help it build more fuel plants. The company is aiming to become the nation's first vertically integrated green hydrogen producer, providing customers with fuel, products, and support.

Chris Suozzi, VP for business and workforce development at the Genesee County Economic Development Center, reportedly told a Washington, D.C.-based commercial real estate firm that Plug Power's STAMP project is on hold.

Asked to authenticate the quote, Suozzi said, "no comment."

According to Heatmap, Suozzi spoke to PRP Real Estate Management. The firm recorded the phone call.

“They’re not ready to go," Suozzi reportedly said. "They’re on pause. We don’t know what’s going to happen with them at this point.”

Plug Power has not responded to The Batavian with requests for comment, including a spokesperson The Batavian has communicated with before, who didn't respond to an email sent early Friday morning.

The Batavian also reached out to two people in Sen. Charles Schumer's office  seeking comment. Schumer has been a major proponent of STAMP and a supporter of Plug Power's initiative. The Batavian has not received a response.

Editor and Publisher has described Heatmap as a start-up news company run by seasoned professionals. The company lists its leadership and reporters on its masthead, and all have substantial credentials.

The story published two days ago indicates a lawsuit filed by the Tonawanda Seneca Nation may be influencing Plug Power's actions.

Environmental justice issues have also been a drag on development. The native Tonawanda Seneca Nation is opposed to the entire industrial park because of the resulting impacts on wildlife, noise and the visual landscape. In April, the Fish and Wildlife Service revoked a necessary permit for a wastewater treatment pipeline that would be used by companies at the park.

Earthjustice attorney Alex Page – who is working with the Nation to fight the project – told me the tribe was told last year by the Energy Department that Plug Power had withdrawn the New York site from its loan application. The Nation will continue to fight the project and DOE’s loan financing to Plug Power on the chance that money could be reprogrammed to the industrial park. Page said: “The Nation remains very, very much opposed.”

When Plug Power received its preliminary loan approval in May, The Batavian published this explainer about the project:

• Plug Power is a New York-based company with headquarters in Lathan. It is a "green hydrogen" company, which means it uses renewable energy sources to convert water into hydrogen fuel, which can be stored in fuel tanks and sold to power vehicles and factory equipment.  
• In its 20-year history, Plug Power has never turned a profit. It's annual revenue is currently about $800 million. In 2023, the company reported a $1.4 billion loss. 
• Plug Power is building a $290 million hydrogen energy plant in WNY STAMP, the GCEDC-developed high-tech business park in Alabama. The plant is expected to employ 69 people with an average annual salary of more than $70,000. In exchange for the job creation, the company is anticipating $2 million in grants from New York State. 
• The company received $118.2 million in sales and property tax exemptions from the Genesee County Economic Development Center. Over the 20-year life of the property tax extensions, Plug Power will make payments in lieu of taxes totaling $2.3 million annually, which will be shared by Genesee County, the Town of Alabama, and the Oakfield-Alabama School District.  Each jurisdiction will also receive an increasing amount of property tax payments each year over the life of the agreement.
• In March, the DOE awarded Plug Power grants totaling $75.7 million.
• The DOE loan, if finalized, is expected to help Plug Power complete the WNY STAMP plant, along with five others in the nation, which is reportedly critical to the company generating the hydrogen fuel sales necessary to start achieving profits.
• This phase of the loan guarantee process requires the DOE and Plug Power to negotiate a term sheet, which means "certain technical, legal, environmental and financial conditions, including negotiation of definitive financing documents, must be satisfied before funding of the loan guarantee" (company statement).

For previous coverage of Plug Power, click here.

Batavia High School's Class of 2025 was out in force in the community on Friday, helping to make a difference in the lives of community members and the organizations that serve them.

This was the 25th year BHS seniors participated in Make A Difference Day.

"Make A Difference Day is something we look forward to every year," said Superintendent Jason Smith. "It's amazing to see our seniors rolling up their sleeves and helping out all over our community. It shows our students that they can make a real difference right here at home, and it also gives them a sense of community pride and an appreciation for all the wonderful places that make Batavia special. It also sets a great example for our younger students to see these seniors pitching in. It's all about building a stronger community together and teaching our students that giving back isn't just important, it's rewarding too."

The organizations this year were:

• All Babies Cherished
• Batavia Cemeteries
• Batavia Community Garden
• Batavia Peace Garden
• City of Batavia Maintenance - starting at the bike trail on Route 33
• Crossroads House
• First United Methodist Church
• Genesee County Parks
• Genesee Co Youth Bureau
• Gen-Orleans Arts Council
• Holland Land Museum
• Main St. 56 Theatre
• Mercy Flight
• NYS School for the Blind
• Salvation Army
• The Manor House
• YMCA

It was senior night at Pembroke's Boys Soccer game on Wednesday, with members of the Class of 2025 on the team honored in a pre-game ceremony.

On the field, the Dragons came up short, losing to Newfane 2-0.

Photos by Kristin Smith.

James Pontillo, owner of the former Odd Fellows Hall in Stafford, apparently has the funds to put siding on the building and bring it up to fire code, according to information shared in Genesee County Supreme Court on Thursday morning.

The questions, according attorney David Roach, representing the Town of Stafford, is exactly whether Pontillo is planning to leave the building vacant and whether that is permissible under the town's building code.

Roach wants to consult with the architect who provided the parties in the case with a scope of work and budget. Roach said that Matthew Hume has provided two letters that seem to indicate that Hume's scope of work contemplates curing only those code violations applicable to a vacant building.

In order to clarify whether that's an acceptable offer from Pontillo, Roach said he needs to talk with Hume and determine whether that is actually what is being proposed, and if it is, is that legal? 

The total cost is expected to be about $55,000, with the cost of new siding estimated at $45,000.  Roach told Judge Diane Devlin after a recess that he reviewed financial statements on a mobile device provided by Pontillo that indicated he has $55,000 in cash available for the project.

The case is continued until Nov. 7 to give Roach time to research the issues related to the proposal.

During a discussion of the case, Attorney Chad Hummel, representing Pontillo, told Devlin that Hume engaged in the case even before he was hired by Pontillo and that the town had previously received a letter stating he would need six months to draw up plans for restoration of the building.

Roach quibbled with that representation, saying that the town wasn't asking for completed plans; rather, the town requested a scope of work, cost estimate, and schedule for completion.

Outside of court, The Batavian attempted to interview Pontillo with his attorney present and Hummell asked The Batavian to submit questions via email, promising a speedy response. Among The Batavian's questions is whether it is Pontillo's intention to leave the building vacant. The Batavian had not received a response by time of publication.

UPDATE 5:30 p.m.: Hummell responded for Pontillo. We asked Pontillo if he planned to leave the building vacant, and Hummell said, "We plan to follow the current Court Order, which requires us to get the building in full compliance with the NYS Uniform Fire Prevention Code.  We will develop further plans, if appropriate, after this stage."

We asked if leaving vacant was fair to the community, Hummell said, "With all due respect, the Pontillo's financial and other personal investments in this property are not for the community.  It will be fair however to allow them the time and space to get the building in full fire code compliance."

We noted that the building seems to be in worse condition now than when he acquired it so what assurances can Pontillo give the community that it once again becomes a building the community can take pride in, and Hummell wrote back, "That may be your opinion? The architect's current report and the engineer's report (hired by the Town) from back in 2016 clearly state otherwise."

He also said, "This matter is not about pride.  It is about the right to own property free from harassment.  Again, our current aim is to get the building into full code compliance, and we will."

We asked that while Pontillo showed he has the $55,000 available, would spending that potentially deplete his funds, and so could he really afford it, Hummell said, "Yes, and we supplied the proof.  If we could not afford it, how could we 'return it to a building the community can take pride in'?'

Lazavia M. Price, 25, of Batavia, is charged with unlawful imprisonment 1st, criminal possession of a weapon 3rd, strangulation 2nd, menacing 2nd, and assault 3rd. Price is accused of fighting with another person on Oct. 4. He allegedly strangled the other person and threatened him with a knife. He was arraigned in City Court and jailed.

Supreme R. Hines, no age nor address provided, is charged with tampering with physical evidence, attempted grand larceny 4th, criminal possession of stolen property 5th, obstructing governmental administration 2nd, unlawful fleeing of a police officer in a motor vehicle 3rd, and conspiracy 6th. Eric L. Ball, Jr., is charged with tampering with physical evidence, attempted grand larceny 4th, criminal possession of stolen property 5th, obstructing governmental administration, and conspiracy 6th. Hines and Ball are accused of attempting to steal a large amount of merchandise from Dick's Sporting Goods at 4:21 p.m. on Oct. 15. Hines was allegedly the driver of a Honda Accord that fled from the scene. Three deputies responded and spotted a vehicle matching the description of the suspect vehicle and attempted a traffic stop at Oak Street and Park Road. The deputies pursued the Honda Accord onto the Thruway. During the pursuit, the suspects allegedly started discarding stolen property.  The vehicle was eventually stopped by the combined efforts of deputies, troopers and officers with Le Roy PD on the I-490 in Le Roy. Hines was held for arraignment and Ball was issued an appearance ticket.

Jason Matthew Wood, 37, of Freeman Road, Byron, was arrested as a fugitive from another state on Oct. 11. The arrest warrant was issued by the Adams County Sheriff's Office in Colorado. Wood was wanted on two counts of sexual assault on a child, sexual assault on a child pattern of abuse, and two counts of sexual assault on a child from a position of trust. While deputies were at Wood's address, they noticed him pass the location on an eclectic bike. They were able to catch up with Wood and take him into custody without incident.  He was jailed pending extradition to Colorado.

Raymond A. Amaro, 38, no street address, of Batavia, is charged with burglary 2nd and criminal mischief 4th. Amaro is accused of entering a dwelling unlawfully at 5:40 p.m. on Oct. 6 on West Main Street Road, Batavia, and of damaging the property of another person. He was held pending arriagnment.

Phillip P. Heale, 46, of Batavia, and Jessica D. Delcour, 41, of Batavia, are charged with criminal possession of a controlled substance 7th and two counts of criminal use of drug paraphernalia 2nd. Heale and Declour were allegedly found in possession of narcotics and drug paraphernalia during a home probation search on Oct. 7. They were reached and issued appearance tickets.

Dean D. Root, 43, of Le Roy, was arrested on Oct. 8 on a warrant. The warrant was issued for Root when he allegedly failed to appear in court after being issued a misdemeanor traffic ticket. He was arraigned in City Court and released on his own recognizance. 

Hillary D. Russell, 31, of Batavia, is charged with petit larceny. Russell is accused of shoplifting at Save-A-Lot in Batavia on Sept. 30. She was issued an appearance ticket.

Trace G. Brewer, 24, of Batavia, is charged with obstructing governmental administration 2nd and resisting arrest. Members of the Batavia Police NET Unit spotted Brewer on Watson Street on Oct. 4 and attempted to arrest him on an outstanding warrant. Brewer allegedly ran from officers but was eventually taken into custody. He was arraigned and released.

Terrance H. Riley, 36, of Batavia, is charged with harassment 2nd and endangering the welfare of a child. Riley is accused of fighting with another person in the presence of three children on Oct. 1. He was issued an appearance ticket.

Trevor N. Christman, 34, of Batavia, was arrested on a warrant on Oct. 4. Christman allegedly failed to appear in court after being issued an appearance ticket for a misdemeanor crime. He was arraigned in City Court and released.

Morgan A. Schoonmaker, 28, of Perry, was arrested on Oct. 3 on a warrant. Schoonmaker allegedly failed to appear in court on a misdemeanor traffic ticket. She was arraigned in City Court and remanded to the Genesee County Jail. 

Booker T. Ricks, 53, of Batavia, is charged with assault 3rd. Ricks is accused of punching another person several times on Sept. 28 causing injury. He was issued an appearance ticket.

Kevin Allan Knickerbocker, 53, of West Main Street, Byron, is charged with criminal contempt 2nd.  Knickerbocker is accused of violating an order of protection at 3:32 a.m. on Oct. 12 at a location in Byron by placing the protect party in fear for his or her safety. Knickerbocker was issued an appearance ticket.

A homegrown company is growing again.

On Wednesday, Oxbo International hosted a ceremonial groundbreaking at its future 195,000-square-foot manufacturing facility at 7101 South Lake Road, Bergen.

The new factory, situated on 49.7 acres, will replace the existing plant at 7275 Byron Road, Byron.

"We outgrew our facility back in the late 90s. So, 25 years later, we finally thought we should do something about it," said Joe Perzia, president of Oxbo. "We're a little slow on the uptake. Over the years, we've prided ourselves on lean manufacturing principles and tried to get as much production through a tiny space as possible. But being resourceful, some say frugal, has its limitations. This is no longer suitable for going company, so with the full support and encouragement of our shareholders, we are moving forward in this new chapter."

The new location is part of the GCEDC-created industrial park, Apple Tree Acres, which already includes Liberty Pumps, Craft Cannery ), All Season Party Tent Rentals, GE Renewable Energy, Insurance Auto Auctions, and Leonard Bus Sales.

The $43 million project is expected to create 140 jobs initially with plans to add 60 more.

Financial assistance for the project has come from Genesee County Economic Development Center and Empire State Development.

GCEDC's assistance is in the form of sales tax exemptions estimated at approximately $1.75 million, a property tax abatement of approximately $2.15 million via payment in lieu of taxes (PILOT), and a mortgage tax exemption of $366,000.

Additionally, ESD award Apple Tree Acres a $1.26 million grant that supports needed electrical infrastructure upgrades, including improvements to the electrical substation and distribution lines, increasing the capacity to serve anticipated load growth. The upgrades are expected to assist not just the new facility, but the rest of the industrial park.

Assemblyman Steve Hawley praised Oxbo as a local success story.

"Oxbo is a shining example of the entrepreneurial spirit being alive and well in Western New York, and I couldn't be more thrilled with the work they'll be doing following this groundbreaking. We've got more jobs on the horizon, more focus on the importance of the agriculture industry in this state and across the world, and more faith in our farmers with these continued investments in farming technology."

Oxbo began in Byron as a pallet repair business and then became Byron Equipment after filing for a patent on a corn head -- a mechanism to attach to the front of a combine that picks ears of corn off of stalks, leaving the stock behind. 

The company then grew through mergers and acquisitions.

In 1998, Byon Equipment acquired a competitor in Wisconsin, and the new management team settled on the name Oxbo, after an oxbow that yolks and ox team together, to symbolize the concept of the new two integrated teams pulling together.

Both plants stayed in production.

In 2003, Oxbo acquired a pea-picking combine company in Illinois and moved that manufacturing operation to Byron.  Oxbo is the only manufacturer of a pea-picking combine in the U.S.  

In 2004, Oxbo acquired a fruit company in Washington state, and this past June, the company acquired another company in Wisconsin.

However, one of the biggest mergers occurred in 2009, when Oxbo merged with its largest customer in Europe and moved its headquarters to the Netherlands.

The company also operates plants in Brazil, the United Kingdom, and France.

Oxbo employs about 1,200 people in total, 700 in the U.S. The company's gross annual revenue exceeds $400 million.

Shelley Stein, chairwoman of the County Legislature, noted how the grit and determination of a local farmer, Richard 'Lefty' Glazer, to take an entrepreneurial leap and create a copay that now serves a worldwide agricultural industry.

"Homegrown talent and skills joined up with innovation then and now have created the need to continue that growth in supporting agribusiness in our county, our region and our world," Stein said. "Genesee County commends Oxbo for their continued growth and expansion."

A 45-year-old Lockport man admitted in Genesee County Court on Wednesday to concealing a human body in the trunk of a car and parking it in the town of Alabama on March 17.

Norman S. "Bud" DeBois entered a guilty plea to concealment of a human corpse, a Class E felony, and tampering with physical evidence, a Class E felony.

DeBois was initially charged in April with additional counts of hindering prosecution in the first degree and conspiracy in the fifth degree, a Class A misdemeanor.

Wednesday's plea satisfies all charges. He faces from 1 1/3 to 4 years in prison. He is scheduled to be sentenced on Jan. 21 at 2:15 p.m.

On March 19, while investigating a missing person complaint out of Niagara County, Sheriff's deputies found the body of Michael G. Poole, 59, of Olcott.

Two Niagara County residents are accused of conspiring to murder Poole.

On April 19, Kathryn A. "Kit" Henry, 33, of Lockport, was charged with murder in the second degree, a Class A-1 felony, assault in the first degree, a Class B felony, concealment of a human corpse, a Class E felony,  hindering prosecution in the first degree, a Class D felony, tampering with physical evidence, a Class E felony, conspiracy in the second degree, a Class B felony, and conspiracy in the fourth degree, a Class E felony.

Last week, Edward A. Dunn, 38, of Lockport, was charged with murder in the second degree, a Class A-1 felony, assault in the second degree, a Class B felony, concealment of a human corpse, a Class E felony, and tampering with physical evidence, a Class E felony.

Those two cases are pending further court proceedings.

There were a couple of turns in the road on the way to approval for a new mobile phone tower for Verizon customers in the area of 9321 Wilkenson Road in the town of Batavia, but in the end, the town's planning board approved a special use permit and site plan review.

Bell Atlantic Mobile Systems LLC is the official applicant. The tower will be 154 feet high, have a four-foot lightning rod, and nine antennas on it, along with associated equipment on the ground.

Tuesday's meeting was the second time the board approved the same project.

The first approval had to be redone because of a "miscommunication," said board President Kathy Jasinski. At a previous meeting, the board moved ahead with approval even though the project had not yet been reviewed by the Genesee County Planning Board.

Last week, the county board recommended approval but with modifications.  Members voted to require space on the tower for public safety purposes, such as the 9-1-1 system at no cost to the public.

That was another turn in the road.

Steve Fantuzzo, an attorney with Nixon Peabody LLP, representing Verizon, said Verizon objected to that requirement.

"It's a takings issue," Fantuzzo told the board. "It's the government taking property without providing compensation.  Basically, it is not legal for the county to say we're taking space on the tower, or else we don't recommend approval. So the reality is that Verizon will accommodate them, and when they request it, they're generally willing to accommodate that space, but as a condition and a requirement, Verizon would object to that."

Board members quickly agreed that space on the tower should not be a requirement but had a short discussion about whether to amend a motion to remove that requirement or if a motion to reaffirm the board's prior approval would be adequate.

The board's attorney, Matthew Fitzgerald, recommended reaffirming the prior approval.

"If you're going to override the county's recommendation, you will need to send them an explanation," Fitzgerald said. "You'll need a majority plus one vote, which, if all members here vote in favor, that's fine. You will need to send them the reason you decided to go against their recommendation."

The board did not need to incorporate that decision into the motion itself, he said.

"I think the minutes will capture the discussion that was just had, as well as me interjecting, clarifying that was the reason," Fitzgerald said.

The board unanimously approved both the special use permit and the site plan review.

One could say, perhaps, that it takes a village to build a police station.

At least that's the case this fall in the Village of Corfu, where people are volunteering their time to help convert a building that was once a bar but has sat vacant for at least 20 years into a police station.

The Corfu Police Department has never had a proper police station for the past 25 years, it's operated out of what is essentially a broom closet at the Village Hall, said Deputy Mayor Michael Doktor.

"We have officers, board members, community members, volunteering (to help complete renovations)," Doktor said. "Our maintenance man is also helping."

The property, at 81 East Main St., is nearly 39 acres and contains a house and a four-bay garage.

The village purchased the property in January.  Doktor said the village developed plans to replace the roof on the garage, using existing capitol improvement funds, and start parking police cars there.

Then earlier this year, David Krzemien, officer in charge for the department, stopped by the little red building while village staff was there evaluating what damage their might be to the building, Krzemien began imaging it as a police station.

He brought the plan to the village trustees.

"It was a pretty quick discussion," Doktor said. "The board pretty much agreed with the officer in charge that the officers needed a real work space and that this building would pretty much meet our needs for the time being."

On Saturday, when The Batavian happened to stop by the building, Krzemien was there, working by himself, installing new metal siding. Red, of course.

Doktor said officials are still waiting on an estimate on the cost of replacing the floor.  The current one is pretty weather-damaged. But it's still expected that converting the building into a police station will cost less than $6,000.

The beautiful old wood bar inside? It stays. Repurposed into a front-office counter.

As for the house on the property? The village is collecting feedback from residents on what to do with it.  It all depends on costs and what the village wants, Doktor said.

"We're looking at what’s most cost-effective and listening to everybody's input from the village," Doktor said. "Who knows how long before we come up with the final idea for it, but we want to make sure it’s justifiable."

Doktor said the village hopes the new police station will be opened by December, even if the back office space isn't completely renovated by that time.

"We think (the police station) is something that will benefit the community. The feedback has been great so far," Doktor said. "We hope it is something the community will be equally happy about."