news

Press release:

Citizens to elect Ben Bonarigo for City Court Judge are pleased to announce that the required signatures have been collected to qualify him the for Democratic, Republican, Conservative, Working Families, Green and Independence lines on the ballot for the June 25th primary election. Bonarigo submitted more than 1,100 signatures.

“I can’t thank everyone enough,” Bonarigo said. “Our volunteers and supporters carried petitions in some very difficult weather conditions to achieve our goal and they did it very quickly. We had a highly dedicated and fantastic team of individuals.”

Although our judges are elected, the job they do is not a political one. They are to remain impartial, unbiased and not beholden to any political party. Bonarigo’s willingness and determination to obtain primary ballot status for all party lines demonstrates his commitment to fairness and impartiality to all the citizens in the City of Batavia regardless of their party affiliation.

"My goal is to allow as many city voters as possible, a choice in deciding who will be their next judge,” he said. 

A 62-year-old East Amherst man who once owned the Batavia Nursing Home on State Street has been ordered to serve 18 months in Federal prison and pay $2.5 million in restitution along with another $850,000 to the IRS after being sentenced yesterday on his conviction for a willful failure to pay taxes and bank theft.

Marc I. Korn, according to Federal prosecutors, stole money from banks using credit cards and loans. He also failed to pay employment taxes for three quarters in 2009.

In 2008, according to prosecutors, Korn applied for a loan to refinance the Batavia Nursing Home from Fifth Third Bank. The bank provided $3.9 million to Korn and provided him with a credit card. The bank relied on paperwork submitted by Korn to secure the loan. The statement contained numerous falsehoods, including overvaluation of his primary residence. He also provided bank statements that misrepresented his financial holdings.

In March 2009, Korn stopped paying Federal employment taxes. Prosecutors said he instead used those funds for expenses at restaurants, hockey tickets, jewelry, and to pay college tuition for his children.

What was once the Batavian Nursing Home is under new ownership and is now called The Grand Rehabilitation and Nursing Home.

A van vs. school bus accident is reported at 5018 Clinton Street Road. Mercy medics are requested to evaluate a minor injury. Town of Batavia Fire Department is responding.

The location is between Terry Hills Drive and Stringham Drive.

Photos submitted by reader Seth Hollabaugh.

District officials have trimmed more than $1.1 million in proposed spending from February's draft budget for the Batavia City School District. Combined with an additional $500,000 in state aid, it means the proposed 2019-2020 tax levy will stay below that state-mandated tax cap amount and allow local homeowners to get their annual rebate checks.

That's a pretty good deal for Batavia homeowners, who have received an average of $500,000 more in rebates each of the past five years than whatever increase in taxes the school district has initiated for the year.

Voters will be asked to approve the $50.518 million spending plan, which anticipates a tax levy of $19.5 million.

Tax rates won't be set until assessments are done but Business Administrator Scott Rozanski said the early estimate is that local property owners will see a tax-rate increase of 27 cents on each $1,000 of assessed value.

In the search to cut proposed spending, Rozanski said the district will delay $300,000 in technology spending, reduce spending on new library books to the state-aid amount of $24,000, and delay additional equipment purchases for another $19,000 in savings. Some personnel's salaries can be covered by grants.

Last year, the tax levy increased by $444,000 and local residents received rebates on school property taxes of $1.1 million. The three previous years, there was no increase in the levy and taxpayers received cumulative rebates of $424,000, $ $825,506, and $535,194.

The 2014-15 school year was the one year in which the tax levy increased more than rebates, with about a $150,000 difference.

Rebates for local residents are set based on an income formula so people with lower incomes receive bigger rebates proportionally.

Since the tax cap became law, the district has kept the tax levy below the allowable tax cap amount. For the 2019-2020 budget, it will be $331,886 below the potential levy amount.

Over the previous seven years, the district budgets, cumulatively, have been $3.8 million under what the tax levies could have been in those years.

Previously: No significant program cuts anticipated as City School District looks to trim spending by $750K

A field fire is reported at 1712 Genesee St. in Corfu. Corfu Fire Department is responding and a tanker and UTV from East Pembroke are to respond as mutual aid.

The fire is said to be 1,000 feet from a building and moving toward it.

The resident was using a burn barrel when the field fire broke out. Law enforcement is also responding.

The countywide burn ban remains in effect

UPDATE 3:55 p.m.: Corfu command reports the fire is under control.

UPDATE 3:59 p.m.: East Pembroke is back in service.

Hazardous weather outlook for Genesee County was issued at 2:42 p.m. by the National Weather Service in Buffalo.

Wyoming, Livingston, Ontario, Cattaraugus and Allegany counties are also included in the outlook, which is in effect from midnight tonight through 10 a.m. Friday, April 5.

Freezing rain is expected, with ice accumulation up to a 10th of an inch.

Plan on slippery road conditions. The hazardous conditions could impact the morning commute.

Periods of snow, sleet or freezing rain will result in slippery roads and limited visibilities. Slow down and use caution while driving.

A winter weather advisory is in effect Friday through Wednesday.

Trevahn Wright, left, with Batavia HS Principal Paul Kesler, and Madeline Dennison graduated from high school at the Batavia City Schools Board of Trustees meeting on Tuesday night.

Both recently completed their course work and passed their regent's exams making them eligible in April to receive their degrees.

There were 16 other people who received awards at the Rochester Radio-Press Club banquet last night at the Rochester Convention Center, but in many ways it was Ricky Palermo's night.

The Major Donald Holleder Award is the biggest award of the 70th Annual Day of Champions dinner but the love and appreciation for Palermo in the room was apparent, especially after a surprise presentation speech (via video) by college basketball, NBA, and basketball broadcasting legend Bill Walton.

"I stand in awe of you Rick Palermo, as fine a man as I’ve ever known," Walton said in his own baritone, effusive style. "In the game of life, Ricky, it’s not how big you are. It’s how big you play. You and Major Holleder are the truest of giants. We love you Ricky, more than words can ever tell. You’re my hero. Thank you, Ricky, for your life, which has given me mine."

Palermo was a three-sport team captain at Byron-Bergen High School. In 1981, he suffered a spinal cord injury in an automobile accident that reduced his mobility. In 1987, Palermo and his family decided to host a golf tournament to raise funds for spinal cord research. They raised more than $11,000 that first year and so decided to do it again, and again, and again. The tournament has now raised more than $1.4 million.

Emcee John Kucko said Ricky has "touched thousands of people, including some of the biggest names in sports," just before Walton, a graduate of Helix High School in East San Diego County, appeared on the four massive TV screens in the convention center.

"You are as great a champion as I’ve ever known," Walton said. "This spectacular award is a testament to your character, to your courage and to your achievements."

The Helix Highlanders won two championships with Walton as their star. UCLA won two NCAA titles with Walton at center. Walton was also on NBA championship teams in Portland and Boston.

"Ricky, your life is a shining beacon," Walton said. "It is a beacon on the horizon of life and it gives us a reason to believe that tomorrow is worth fighting for. You led this effort, Ricky, to make all aspects of our world a better place, inspiring me to try and become a tiny fraction of the person that you are. Our decades' long friendship, Ricky, has shown me the best of the human spirit and the unlimited possiblities of life."

There were other connections with Genesee County at Wednesday dinner. The dinner chairman is Batavia-native Mike Kauffman. John Grillo, a former Pavilion coach and father of Ashley John Grillo, who is the principal of Batavia Middle School, received the Charlie Wagner Award for his lifetime contributions to local sports.

Grillo retired from Holly-Kendall after 44 years of coaching. As a wrestling coach, he guided 795 dual-meet wins, 22 Genesee Region titles, and 12 sectional titles.

Kansas City Chief's quarterback Pat Mahomes was also honored at the dinner.

John Grillo

Nancy Palermo, Ricky's sister-in-law, getting video of Ricky's acceptance speech. Ricky said of his family, "If it wasn’t for them I know it would not have been the same thing. You don’t know what it’s like to be held on a pedestal, and it’s it not just for a couple of years. It’s been 38 years and I’m still spoiled. I’m very fortunate."

Dorsie J. McGill Jr., 34, of Quaker Hill Road, Elba, is charged with fourth-degree criminal mischief, and second-degree criminal trespass. McGill was arrested at 4:14 p.m. on March 31 on North Spruce Street, Batavia, after allegedly arriving at the home of a family member and kicking the front door in and entering the residence without permission. After arraignment in Batavia City Court, he was jailed in lieu of $1,500 cash or bond. He was due back in court on April 1. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Matthew Wojtaszczyk.

Ryan James Wetsell, 25, address unspecified, of Batavia, is charged with second-degree harassment. At 9:30 p.m. on March 28, he allegedly grabbed another person and struck them in the face while at a hotel on Federal Drive in Batavia. He was released on an appearance ticket and is due in Batavia Town Court on April 22. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Kevin Forsyth.

Paula A. Cipro, 51, of Tracy Avenue, Batavia, is charged with criminal possession of stolen property in the fourth degree -- use of a stolen credit card, and petit larceny. Cipro was arrested following an investigation into the use of a stolen credit card at Northside Deli. The alleged incident occurred at 1:01 p.m. on March 21. She was released on an appearance ticket and is due in Batavia City Court on April 9 to answer the charges. The case was handled by Batavia Police Officer Jason Ivison.

Christine A. Wark, 34, of School Street, Le Roy, was arrested April 1 at 4:32 p.m. on a bench warrant out of Batavia City Court. She allegedly failed to appear in court on Nov. 28 on two misdemeanor traffic charges. She was arraigned and released under supervision of Genesee Justice and was due back in court today (April 3). The case was handled by Batavia Police Officer Christopher Lindsay.

Press release:

Genesee County 4-H Fur and Feather Club along with Wyoming County 4-H Rabbit Ears Club are hosting a double rabbit and cavy youth show on Saturday, April 27, at the Genesee County Fairgrounds, 5056 E. Main Street Road, Batavia.

The show is open to all local youth ages 19 and younger (you don’t need to be a 4-H member). Showroom opens at 8 a.m., health checked by 9 a.m., judging promptly begins at 10 a.m.

Entry Fee is $3 per animal if postmarked by April 19; or fee is $4 day of show. Participants may enter in both shows.

For complete show rules and entry forms please visit here, or contact the Genesee County 4-H Office at 585-343-3040, ext. 101.

Assemblyman Steve Hawley (R,C,I-Batavia) sharply criticized Gov. Cuomo’s authorization to close three state prisons, including two within 90 days of the recently passed state budget. These closures will create a cloud of uncertainty for prison employees and threaten public safety across the state.

“I am vehemently opposed to this radical proposal aimed not at protecting the citizens of our state but instead at subsidizing the governor’s runaway tax-and-spend policies in Albany,” Hawley said.

“Perhaps the governor plans to overcrowd state prisons or pardon more inmates to decrease the load other prisons will assume as a result of these closures, but this effort is an unnecessary risk to public safety.

“In addition, this proposal also jeopardizes the employment and safety of thousands of prison personnel, including correctional officers, who put their lives on the line every day for the communities in our state.

"Overcrowded prisons complicate correctional officers’ jobs and could lead to an increase in violent attacks against these public servants. I will continue my fight against prison closures and ensure the safety of our correctional officers and the public at large is our preeminent concern.”

An Uber driver has asked to file a police report after alleging that a cab driver threatened her in the area of Park Road and Oak Street, Batavia.

Today we're excited to debut a new video series exclusive to Genesee County: Batavia's Best Businesses.

We are producing this series in partnership with WBTA AM/FM.

The series offers local businesses an opportunity to promote themselves through a short documentary-style video about their business hosted by Nici Johnson. Our goal is to make short videos about a business that both informs and entertains local viewers and further encourages them to support all of the great locally owned businesses we have in Genesee County.

The videos will be distributed on The Batavian, WBTA, YouTube, Vimeo, Facebook, and Twitter. Businesses owners can also download a copy of the video to distribute their own social media channels. Soon, we will also have a website dedicated to Batavia's Best Businesses (bataviasbestbusinesses.com, of course).

Local business owners interested in more information: Call Lorne Way or Jim Ernst at WBTA at (585) 344-1490. 

A $270 million lawsuit settlement between OxyContin maker Purdue Pharma LP and the state of Oklahoma got the attention of members of the Genesee County Legislature and made them wonder about the status of a class-action lawsuit the county has joined with other counties in New York.

The purpose of the suits is to seek compensation from Purdue Pharma for costs associated with the opioid epidemic.

Purdue is being accused of deceptive marketing practices and providing doctors with incorrect or misleading information about the addictive nature of OxyContin.

County Attorney Kevin Earl contacted the lead attorney New York counties' suit and reported back to the Human Services Committee on Monday that there isn't much new to report.

The suit is progressing but the lead attorney asked him not to say much about it publicly.

The suit is currently in the discovery phase (finding and sharing evidence that might be used at trial) with an expected trial date this fall.

As the trial date approaches, a settlement is always possible.

Shawn W. Cross, 48, of Le Roy, is identified as the man who suffered a severe head injury following an incident late Saturday afternoon in which he exited a moving vehicle on Lake Street in the Village of Le Roy. He remains in critical condition at Strong Memorial Hospital in Rochester.

The driver, Lorie A. Litolff, 57, of Craigie Street, Le Roy, is accused of leaving the scene of a serious injury accident, a felony.

She is also charged with DWI, failure to report an accident with injuries, driving without an ignition interlock device, and failure to submit to a breath test.

Litolff was jailed on $10,000 bail.

Several witnesses were interviewed and Le Roy police believe Litolff and the victim were engaged in a verbal argument prior to the man exiting the vehicle.

When he exited, according to witnesses, he lost his balance and fell, striking the pavement, which is the cause of at least some of Cross's injuries.

For previous coverage, click here.

For initial post, click here.

Our news partner WBTA contributed to this report.

Richard White Jr., 37, of High Street, Brockport, is charged with: second-degree vehicular assault; aggravated unlicensed operation in the first degree; operating a motor vehicle with a BAC of .08 percent or more; driving while intoxicated; operating a motor vehicle while impaired by drugs; driving while ability impaired by alcohol and drugs conbined; and following too closely. White was arrested April 1 at 6 p.m. and arraigned in Byron Town Court. His arrest follows an investigation into a crash that occured at 7:07 p.m. on Feb. 15 at 6385 N. Bergen Road, Byron. It is alleged that White drove while his license was suspended and got in a crash while he was intoxicated. His passenger sustained a serious physical injury. Following arraignment, he was released on his own recognizance and is due back in Byron Town Court at a later date. The case was investigated by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Michael Lute.

Ronnie J. Sumeriski, 37, of Batavia, was arrested on March 28 by Wyoming County Sheriff's Deputy Aaron Chase on Route 98 in the Town of Orangeville following a traffic stop. He is charged with criminal possession of a controlled substance in the seventh degree. Sumeriski was stopped for allegedly having a tinted license plate cover and inadequate plate lamps, making the rear license plate barely visible. After a roadside investigation, Sumeriski was allegedly found in possession of a THC vape cartridge containing concentrated cannibis. Sumeriski is also charged with inadequate plate lamps and obstructed license plate. He was released with appearance tickets and is due in Town of Sheldon Court on May 6.

Vidal Chavez, 63, of Oakfield, was arrested on March 26 by Wyoming County Sheriff's Deputy Aaron Chase on Route 20A in Sheldon following a traffic stop. Chavez was found to be operating a vehicle with a suspended registration due to insurance lapse, an unclassified misdemeanor. He was released with an appearance ticket returnable to Town of Sheldon Court on April 15.

An autism seminar to learn how to help people with autism will be held from 6:30 to 8:30 p.m. on Thursday, April 4, at Alexander Fire Department's Recreation Hall.

First responders attending will receive two hours of CME Credits.

Sandwiches and cookies will be available for sale.

The seminar is organized by Katie Green and Angelina Luker for the Girl Scouts' Silver Award, the highest award a Girl Scout Cadette can achieve.

Advance registration is preferred, but not required.

To register, call Deb Green at (716) 474-3242.

The recreation hall is located at 10708 Alexander Road (Route 98), Attica.

For more information visit Lake Plains Community Care Network at www.lpccnems.org

Press release:

The Genesee County Libertarian Committee announced today that it is seeking candidates to run for local office in 2019.

After earning ballot access and duly constituted party status in NYS in the 2018 gubernatorial election, the onerous task of securing independent ballot petition signatures is no longer a requirement. In fact, for 2019, NO petitioning will be required.

Interested candidates who receive the endorsement of the local Genesee County committee will be certified for the Libertarian line on the ballot this November.

The Genesee County Chapter of the Libertarian Party was established in 2013 and has since regularly run candidates for public office. We welcome inquiries from those who believe in a limited and nonintrusive government, the unwavering defense of personal liberties and fiscal responsibility.

Potential candidates and those seeking more information about getting involved with the GCLP are encouraged to contact Chairman Mark Potwora at 585.993.3358 or by email at gclp.ny@gmail.com

After a meticulous investigation inside the burned-out home at 109 Evans St., Batavia, fire investigators have determined the fire that claimed the life of John Sherman, Sr., 41, has been ruled accidental.

In a press release, City Fire Chief Stefano Napolitano said investigators concluded the fire started on a stove top in the kitchen.

Joining city fire investigators in the investigation was a Batavia PD detective and two investigators from the New York State Office of Fire Prevention and Control.

There were eight people in the residence Saturday morning when the fire broke out and spread quickly. Smoke detectors and closed doors helped save the lives of several occupants, Napolitano said, but Sherman was unable to escape from a room on the second floor.

After Sherman was rescued by firefighters, medics initiated CPR and he was transported by Mercy EMS to UMMC, where he succumbed to his injuries.

Sherman was born Aug. 8, 1977, to Jan Beach of Batavia. He was a graduate of Alfred State and Empire State College and worked at Pizza Hut in Batavia and was recognized locally for his culinary and sculpting skills. He was a member of City Church and volunteered at the Animal Shelter. For his full obituary, click here.

Multiple pets were rescued or managed to escape the fire but one dog did die inside the residence.

In City Fire's release, Napolitano reminded residents of the importance of working smoke detectors and sleeping with bedroom doors closed.

Saturday, Napolitano said, "A room that has a door closed is a safe haven," Napolitano said. "They were alerted by a smoke detector and they were able to safely exit the house. That is why it's so critical when you have young children or yourself in a home, you need to sleep with the door closed. It stops the fire from entering. It gives you a shelter so you can shelter in place, a safe haven, or whatever you want to call it. But it gives you an opportunity to escape."