batavia

Commonly Asked Workers’ Compensation Questions:
Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at 585-815-9003. For further questions regarding Worker's Compensation Law or to contact Dolce Panepinto: click here.

      Brandon Fogg

A local citizen came to the aid of a Batavia police officer who was attempting to apprehend a criminal suspect when the suspect pulled a handgun -- it turned out to be a BB gun -- from his pocket during the struggle.

The citizen stepped on the suspect's wrist causing him to drop the gun.

Brandon Fogg, 32, of Liberty Street, Batavia, is charged with criminal possession of a weapon, 3rd, criminal possession of a weapon, 4th, obstructing governmental administration, and trespass.

He was arraigned in City Court and ordered held without bail.

The incident began as a trespass complaint at 11:22 p.m., Tuesday, at a location on Ellicott Street.

Fogg was reportedly at a residence banging on the door against the complainant's wishes. 

Before patrols arrived, Fogg left the property. 

Officer Darryle Streeter observed Fogg in a passenger vehicle that was being driven with an illegal tire on it. 

Streeter initiated a traffic stop on Cedar Street near Ellicott Street. 

According to police, Fogg opened the car door and attempted to flee.

Streeter was able to grab Fogg and take him to the ground. Fogg allegedly fought with Streeter and during the struggle removed from his pocket what appeared to be a handgun.

At that point, an employee of a local business intervened and stepped on Fogg's wrist. When Fogg dropped the gun, Streeter was able to take him into custody.

Batavia PD did not release the name of the citizen at this time because the department has not obtained the citizen's permission to release it.

Rebecca N. Mann, 30, of Pringle Avenue, Batavia, is charged with disorderly conduct. She was arrested at 5:30 p.m. on June 2 after being observed allegedly fighting with another person on Pringle Avenue. She was issued an appearance ticket and is due in Batavia City Court on June 11. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Edward Robert Freida, 47, of Pringle Avenue, Batavia, is charged with disorderly conduct and public lewdness. Freida was arrested at 5:30 p.m. on June 2 after he was observed allegedly fighting with another person on Pringle Avenue. During the altercation, Freida allegedly exposed himself to several people. He was arraigned in Batavia City Court and jailed in lieu of $1,000 cash bail or bond. He is due to reappear in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Nikayla C. Jackson, 21, of Pringle Avenue, Batavia, is charged with endangering the welfare of a child and second-degree harassment. At 5:30 p.m. on June 2 on Pringle Avenue, Jackson allegedly had unwanted physical contact with a child less than 17 years of age. She was arrested and released on an appearance ticket and was due in Batavia City Court on June 4. The case was handled by Batavia Police Officer Matthew Lutey, assisted by Officer Christopher Lindsay.

Kevin Michael Waleski, 31, of Orchard Street, Oakfield, is charged with second-degree attempted criminal trespass and second-degree harassment. At 12:17 a.m. on June 2, police responded to a West Main Street residence for a reported physical altercation in which a subject attempted to enter a residence unlawfully. A subsequent investigation resulted in Waleski's arrest. He was arraigned in Batavia City Court at 8:10 a.m. bail was set at $2,500 cash bail or bond. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Flanagan. Before being taken to jail, Waleski was being transported to UMMC for medical treatment when he allegedly began to physically resist patrols. He was subsequently also charged with obstruction of governmental administration in the second degree, and that case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Ernest D. Lane, 61, of Ellicott Street, Batavia, is charged with second-degree criminal contempt and aggravated family offense -- more than one offense within five years. Lane was arrested at 2:59 p.m. on June 4 following a complaint that he allegedly violated a complete stay away order of protection. He is accused of going to the home on Ellicott Street of protected parties. He was jailed without bail and was due in Batavia City Court this morning (June 5). The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Christopher Camp. While he was being held on this case, he was issued a computerized ticket for aggravated family offense and second-degree criminal contempt. These charges stem from an incident on Ellicott Street at 8:55 p.m. on April 8. He was due in city court this morning to also answer those charges. The case was handled by Batavia Police Officer Arick Perkins.

Wildly creative, unorthodox company looking for unique people that are sickened by a corporate culture. If your sense of humor is nonexistent, prefer not to have fun at work, are terrified by the challenges of a company that is growing exponentially, afraid to speak up and have your opinions and ideas heard with a flexible schedule – then please, we beg you NOT to send your resume to: kevin@thermoryusa.com

Thermory USA LLC is the North American sister company of Thermory; a world leader of thermally modified wood products, utilized for exterior decking, cladding and porch flooring architectural elements. Our unrivaled thermal modification process uses only heat and steam to enhance the wood and provide a durable, long lasting product with a sophisticated, refined aesthetic. Our truly natural products have no equal, and may just change the way you think about wood. 
 
Learn more about Thermory on Facebook and Instagram: @ThermoryUSA or  www.thermoryusa.com

Students at Batavia Middle School made their annual civil rights presentations today for fellow students, teachers and parents.

Michael A. Jamil, 35, of Hart Street, Batavia, is charged with public lewdness. Following the investigation of a harassment complaint at 12:47 p.m. on May 20 at Kibbe Park, Jamil was arrested. He allegedly removed his pants while at the park, intentionally exposing his genitalia and his buttocks to another person several times while at the park. Jamil was later released on an appearance ticket and was due in Batavia City Court on May 21. The case was handled by Batavia Police Officer Peter Post, assisted by Sgt. Dan Coffey.

Daniel S. Kuczka, 75, of Walden Creek Drive, Batavia, is charged with trespass. He was arrested after he returned to Richmond Memorial Library at 3 p.m. on May 29 after being advised that he was no longer welcome there because he allegedly violated the library's code of conduct. Kuczka was issued an appearance ticket and is due in Batavia City Court on June 11. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Kevin Czora.

Daniel H. Mooney Jr. is charged with fourth-degree criminal mischief and second-degree burglary. He was arrested after an investigation into a burglary on Jackson Street at noon on May 30. Mooney allegedly forced his way into a dwelling and damaged property while inside. He was arraigned in city court then jailed in lieu of $10,000 cash bail or bond. He was due to return to city court on May 31. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Miah Stevens.

Thomas L. Powers, 66, of Liberty Street, Batavia, is charged with second-degree harassment. It is alleged that at 5:57 p.m. on May 29 that Powers struck another person in the head with a broom on East Main Street in Batavia. He was located outside his Liberty Street residence, arrested and issued an appearance ticket. He is due in Batavia City Court on June 11. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Felicia DeGroot.

Vincent A. Sanfratello, 53, of Liberty Street, Batavia, is charged with criminal mischief -- intentionally damaging property. It is alleged that at 9:56 p.m. on May 24 on Liberty Street that he destroyed property belonging to another person. He was released on an appearance ticket and was due in city court on May 28. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Davis.

Miranda Lynn Goetz, 28, of Vallance Road, Le Roy, is charged with petit larceny. She is accused of stealing property from Sally Beauty Supply in Towne Center of Batavia at 7:17 p.m. on May 31. She was released on an appearance ticket and is due in Town of Batavia Court on June 13. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Fire in a roof is reported at 20 Liberty St. in the city.

City fire is on scene and a first platoon is called to the station.

UPDATE 1:45 p.m.: Town of Batavia Fire Department is asked to provide mutual aid. The location is a welding business between Liberty and Center streets -- Strong Forge and Fabrication.

UPDATE 1:48 p.m.: Checking for extensions; doing overhaul. Town of Batavia told to go back in service.

UPDATE 1:55 p.m.: Employees are told to stay out of the building for now.

Photos below courtesy of Frank Capuano.

Press release:

The Genesee County Economic Development Center (GCEDC) will consider approving incentives for a project in the City of Batavia and accepting an application for incentives for a project in Le Roy at the board’s Thursday, June 6^th, meeting.

Cedar Street Sales & Rentals (Mucher & Clark LLC) is seeking sales, mortgage and property tax exemptions to support a $165,000 project that would include the construction of a 6,000-square-foot warehouse at 52 Cedar St. Mucher & Clark LLC is seeking incentives totaling approximately $37,000.

The project supports 10 jobs and is located adjacent to a highly distressed census tract in the City of Batavia and is estimated to generate revenues of approximately $28,000 into the Batavia Pathway to Prosperity (B2P) fund over 10 years.

W&M Humphrey Associates LP is submitting an application for incentives for sales, mortgage and property tax exemptions to support a $3.1 million project in Le Roy that would expand the Munson Street facilities leased to the Genesee Valley Educational Partnership (GVEP). The expansion supports 525 full-time jobs.

W&M Humphrey Associates is seeking a $285,517 property tax exemption, a $149,610 sales tax exemption, and a $30,000 mortgage tax exemption. Since incentives total over $100,000, the GCEDC will schedule a public hearing if the board accepts the application.

The GCEDC Board meeting will take place at its offices on 99 MedTech Drive in Batavia at 4 p.m. on Thursday, June 6th. The meeting is open to the public.

 

 

Terry Hills hosted the 33rd Annual Jim Kelly Celebrity Golf Classic.  

Featured in the video, QB Josh Allen, Jim Kelly, Chris Berman, Thruman Thomas, Eric Wood, and Commissioner Roger Goodell, who makes it clear, if Buffalo taxpayers want to keep the Bills, they're going to need to pony up for a new stadium.

Distracted driving is being blamed for a two-car collision this morning that sent two people to Strong Memorial Hospital, one by Mercy Flight.

Both patients are listed as "under evaluation."

The accident was reported at 11:10 a.m. in the area of 3646 West Main Street Road, Batavia.

According to the accident report by Deputy Kevin McCarthy, the driver of a 2011 Ford sedan was eastbound on Route 5 when the driver "became distracted by moving his phone" and crossed into the westbound lane.

His vehicle struck a 2012 Chevy SUV driven by Patricia G. Bunk, 35, of Graham Road, Elba. She was transported by Mercy EMS to Strong.

The driver of the Ford sedan is identified in the report as William T. Gibbs, 63, of West Main Street Road, Corfu; however, the hospital doesn't have a patient under that name. They do have a patient under a different name who is the same age and lives at the same address as Gibbs but the hospital spokesman said he couldn't disclose the name being used by the patient. 

Gibbs was transported by Mercy Flight to Strong and was conscious at the time of transport.

That driver was cited for allegedly crossing over into traffic, driving left of centerline markings.

(Initial Report)

A male and female physical altercation has resulted in a request for two ambulances in the area of 344 W. Main St., Batavia.

The first ambulance was requested for the female victim of an assault. The second ambulance was requested for a person having either a panic attack or seizure.

The male suspect ran from the scene and was later located near Denny's.

The owners of Dave's Ice Cream on West Main Street Road sent us this smartphone screenshot of a cat they saw wandering yesterday around the corner of Union Street and West Main Street in the city.

It has a blue harness on and they figured it might be someone's missing pet. 

Press release:

The Tops Friendly Market at 390 W. Main St. in the City of Batavia will be among 33 of the full-service grocery stores participating in the Stars for Our Troops initiative June 9-22.

The program welcomes the community to donate their worn and tattered American Flags at select Tops Markets locations for proper retirement. Collection bins will be placed in the Batavia store's vestibule for American flag retirement.

In collaboration with partner veterans organizations, including Honor Flight and local VFWs, embroidered stars will be preserved and presented to local veterans who have defended our flag.

“The respect and gratitude we have for the people who serve and have served in the military is immeasurable, and for that we are forever grateful,” said Kathy Sautter, public and media relations manager for Tops.

"With Flag Day approaching on June 14 and the upcoming Fourth of July holiday, Tops wanted to offer the community this service to not only properly retire their flags, but also know they are in some small way extending their thanks and respect to a veteran through Stars for Our Troops.

“Many people don’t know how or where to retire their aged flags and end up just tucking them away in a garage or attic. This program allows us to not only assist the community with proper retirement, but also gives back to our Veterans in a unique and meaningful way."

When stars are removed and presented to a veteran at local VA hospitals, nursing homes, and placed in Honor Flight care packages the following message is tucked along with each star:

"I am part of our American flag that has flown over the USA. I can no longer fly. The sun and winds caused me to become tattered and torn. Please carry me as a reminder that You are not forgotten.”

Benjamin Santiago Jr.

A suspect in last night's assault on Ellicott Street was arrested in Rochester and the allegedly stolen vehicle he was driving was recovered.

Benjamin J. Santiago Jr., 30, of Batavia, is accused of going to the home of Mark E. Collier, 35, at 9:15 p.m. to demand money of Collier, who has previously given charitable donations to Santiago, according to Batavia PD.

Collier denied Santiago's request and Santiago became upset, police say. He is accused of striking Collier several times with a blunt instrument causing significant injuries.

Santiago then allegedly stole items from the home and fled.

Collier was transported to Strong Memorial Hospital, alert and conscious, and is currently in stable condition.

Police say Santiago stole a bicycle after fleeing the scene and then stealing a vehicle from a residence in the Town of Batavia. Santiago apparently made it to Rochester where he was apprehended by Rochester PD.

Santiago is charged with first-degree assault and first-degree robbery.

Santiago has been arrested previously in and around Batavia, including a case involving problems at a local hotel that led to a multi-agency manhunt 2011. The two brothers in the case were later accused of trying to hire somebody to kill Santiago. Eventually, that case led to a prison term for Santiago. He was most recently accused of stealing $800 in tools from Crocker's Ace Hardware in Le Roy.

Police say:

This is an ongoing investigation. Members of the Batavia Police Department will be in the area between State St. and Ross St. attempting to locate additional evidence. If anyone observes any items that appear suspicious or may be of evidentiary value, please do not touch or move them. Contact the Batavia Police Department at (585) 345- 6350 to inform them of the item. A member of our Department will respond to investigate the item.

Assisting Batavia PD were City fire, the Sheriff's Office, Rochester PD, State police, and Mercy EMS.

Previously: Person reportedly assaulted on Ellicott Street in the city

On Saturday, Assemblyman Steve Hawley hosted his annual e-waste recycling event, and as usual, there was a long line of cars going through the parking lot at 5130 E. Main St. all morning.

City police and Mercy medics are responding to 218 Ellicott St. for the reported victim of an assault.

The location is between Center and Liberty streets.

UPDATE 9:39 p.m.: This conflict was not the result of a domestic violence incident. The victim was conscious and alert when loaded into the ambulance.

UPDATE 10:12 p.m.: A female at the scene said she glanced out her window and said a male in jeans and a (dark) gray sweatshirt with the hood up on his head -- so she couldn't see his face -- pushed a door to an apartment there with his foot and said "What's up, man?" The witness said the scenario "looked like someone goofing off and drunk," and "it seemed legit" so she walked back to her bedroom. Her son walked around to the scene and someone called out for somebody to call the cops because a person had been struck and "there was a lot of blood." Assistant Batavia Police Chief Todd Crossett said a person knocked on the door, gained entry to an apartment, hit the victim on the head with an unknown object, then fled the scene. The male victim was taken to Strong Memorial Hospital alert and conscious. Police are now searching the area around Central Avenue for the suspect at large.