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March 25, 2017 - 3:00pm

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 question regarding Worker's Compensation Law or to contact Dolce Panepinto: click here.

March 25, 2017 - 7:30am
posted by Steve Ognibene in Announcements, boy scouts troop 6006, news, batavia.


Scout leaders and boys from Troop 6006 are promoting their Pasta Dinner fundraiser from 4 to 7 p.m. next Saturday, April 1st, at the First United Methodist Church, 8221 Lewiston Road, Batavia.

Dinner includes spaghetti, meatballs, salad, Italian bread, dessert and beverages. 

Pre-sale tickets are available now until March 31st and cost $10 for two tickets. To buy tickets, contact Tracy Grover 585-762-4613, Steve Ognibene 585-409-8358, Paul Marchese 585-300-7058, or they can be purchased at Marchese Computer Products, 220 Ellicott St., Batavia, during normal business hours.

They can also be purchased at the door: adults $7, children 10 and under $5.

All proceeds will go toward purchasing new camping gear and scout activities.

March 24, 2017 - 6:27pm
posted by Billie Owens in crime, news, batavia, Basom, Oakfield.

David Bruce Piechowicz, 41, of Lackawanna, is charged with two counts of second-degree assault and criminal possession of a weapon, third degree -- with a prior conviction. He was taken into custody March 23 by the U.S. Marshall's warrant task force on a Town of Alabama warrant on the charges, issued Feb. 12 following an unspecified incident on Shanks Road in Basom. The defendant was jailed on $50,000 cash or $100,000 bond. The case was handled by Genesee County Deputy Lonnie Nati.

David William Cook, 50, of Washington Avenue, Batavia, is charged with unsafe turn/failure to signal, aggravated DWI, and DWI. Cook was arrested at 7:04 p.m. on March 23 on Lincoln Avenue in Batavia following a traffic stop. He allegedly had a BAC of more than .18 percent at the time. He was issued appearance tickets for Batavia City Court on April 26. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Michael Lute.

John Moon, 25, of Batavia, was arrested at 10 p.m. on March 22 by State Troopers for DWI. They performed a traffic stop on West Main Street Road in the Town of Batavia and Moon allegedly failed field sobriety tests. His breath test allegedly resulted in a BAC of .17 percent. He was given appearance tickets for Town of Batavia Court in April.

Bettina Jacqueline Jacobs, 33, of West Main Street Road, Batavia, is charged with fourth-degree criminal sale of a controlled substance and first-degree promoting prison contraband. She was arrested for allegedly introducing Suboxone into the GC Jail after being taken into custody at court for an alleged violation of her previous release agreement. It is also alleged that during the subsequent transport to another jail, she gave some of that controlled substance to another inmate. Jacobs was arraigned in City of Batavia Court on March 22 and jailed in lieu of $10,000 cash or $20,000 bond. The case was handled by Genesee County Sheriff's Deputy Christopher Parker.

Dawn M. Morford, 56, of Jackson Street, Batavia, is charged with criminally using drug paraphernalia in the second degree, a Class A misdemeanor. And 41-year-old Gary Bradford, of Maple Street, Rochester, is charged with a violation -- unlawful possession of marijuana. Both were arrested March 21 following a traffic stop in the Town of Bergen by the GC Local Drug Enforcement Task Force. They were issued appearance tickets returnable to Bergen Town Court. Uniformed deputies from the Sheriff's Office along with K-9 "Destro" assisted with the investigation.

A 16-year-old who lives on Lewiston Road in Oakfield is charged with second-degree criminal contempt after allegedly being found in possession of a cell phone on March 10. The subject was ordered earlier this month to refrain from possessing a cell phone by Judge Adams in GC Family Court. The defendant is to appear in Oakfield Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Cory Mower.

March 24, 2017 - 4:53pm
posted by Billie Owens in batavia, crime, news.

A man found to be illegally in the United States was arrested after a bloody domestic incident on Wood Street in Batavia last night.

At 9:15 p.m., Batavia police responded to 8 Wood St. for a physical domestic incident and found a female victim with a laceration to her neck. The victim indicated the suspect, Reynauldo Diaz-Ruiz, had cut her with a knife and was still inside the apartment. Officers located the man and attempted to take him into custody, but he allegedly refused to comply and physically resisted arrest.

Officers were eventually able to subdue Diaz-Ruiz and take him into custody after deploying a Taser. Diaz-Ruiz was transported to the Batavia Police Department where he allegedly attempted to take the service weapon of the escorting officer, who was able to subdue Diaz-Ruiz until additional officers arrived. Diaz-Ruiz was then transported to UMMC for a medical evaluation and released a short while later to the custody of Batavia PD.

Through investigation it was learned Diaz-Ruiz is in the country illegally.

Diaz-Ruiz was arraigned in Batavia City Court with the assistance of a court-appointed interpreter on the following charges:

  • First-degree assault (Class B felony);
  • Third-degree attempted robbery (Class E felony);
  • Second-degree attempted escape (Class E felony);
  • Fourth-degree attempted grand larceny (misdemeanor);
  • Attempted menacing a police officer (Class E felony);
  • Attempted criminal possession of a firearm (misdemeanor);
  • Second-degree menacing (misdemeanor);
  • First-degree reckless endangerment (Class D felony);
  • Second-degree reckless endangerment (misdemeanor);
  • Fourth-degree criminal possession of a weapon (misdemeanor);
  • Criminal mischief;
  • Resisting arrest (misdemeanor);
  • Obstruction of governmental administration (two counts).

Diaz-Ruiz was put in Genesee County Jail without bail. An immigration detainer was also lodged against him.

The Batavia Police Department was assisted by Mercy medics, the Genesee County Sheriff’s Office, and the U.S. Immigration and Customs Enforcement Agency out of Batavia.

Anyone with information in reference to the case may contact the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online at criminal-activity.

March 24, 2017 - 3:41pm
posted by Howard B. Owens in accident, batavia, news.

A car has reportedly struck a pedestrian at the intersection of State Street and Alva Place, Batavia.

City fire and Mercy EMS responding.

The location is by Washington Towers, behind JCPenney.

UPDATE 3:54 p.m.: A pedestrian was struck by a car making a left-hand turn, but the person does not appear to be injured. Mercy medics are transporting the pedestrian to Strong Memorial Hospital for evaluation.

March 24, 2017 - 1:54pm
posted by Howard B. Owens in crime, batavia, news.
      Oliver Thomas

If Oliver Thomas hadn't had a warrant for his arrest for five months, perhaps he could have made bail today, but since he didn't turn himself in and continued to hide from police, Judge Charles Zambito wasn't persuaded that bail was appropriate in his case.

Thomas was wanted for his alleged role in a home-invasion attack on residents in a Central Avenue residence in October. A second warrant was later issued because of his alleged failure to register a change of address as a convicted sex offender.

On the bail evaluation worksheet, which judges use to help determine somebody's flight risk, Thomas scored a negative four, even though he's a lifelong Batavia resident.

Thomas was in court today specifically for a review of his bail status following his arrest in Le Roy and original arraignment earlier this week.

Assistant District Attorney Melissa Cianfrini argued that even with his lifelong residency, Thomas has proven he's really pretty transient with lots of options for where he can go and where he can hide.

"He's a significant flight risk," Cianfrini said.

His assigned counsel, Brian Degnan, argued that because of his roots here, and that he obeyed all of the rules of his prior parole, he deserved reasonable bail, such as $10,000 or $20,000 bond.

Zambito agreed that Thomas is a flight risk and ordered him held without bail.

March 24, 2017 - 1:00pm


As part of Ag Literacy Week, Assemblyman Steve Hawley was at John Kennedy School this morning to read to a group of students from a children's book about a grape farmer.



March 23, 2017 - 5:51pm
posted by Howard B. Owens in Jackson School, batavia, schools, education, news.


Top photo, Officer Peter Flanigan, Batavia PD, reads to students at Jackson School during the school's annual parents' night reading program last night, this year dubbed "Camp Read-A-Lot." The evening featured community members reading to students, games, activities and a campout with camp music in the school's gymnasium.







March 23, 2017 - 3:00pm

Super solid and so pretty! This charmer is located in an awesome city location, close to everything and within walking distance to one of Batavia’s favorite coffee shops and a city park! This home is move-in ready with little to do but try to figure out what to do with all the storage space! There is great space and cozy floor plan for such a large home --everyone has their own spot!

This home has been well taken care of throughout the years with maintenance of the everyday "stuff" and yearly maintenance of the things that matter -- roof, insulation and furnace! This is an excellent home for the money, you are going to want to check this one out! Mention this ad and receive a $500 gift card to a home improvement store of your choice with a *signed contract prior to 3/31/17 with a successful closing*.

Click here to view the complete listing for 27 Ellicott Ave. in Batavia. Call Lynn Bezon at Reliant Real Estate today at 585-344-4663!

March 23, 2017 - 2:52pm
posted by Howard B. Owens in crime, batavia, news.



NOTE: Story updated to correct the names of the officers involved.

The two men who allegedly broke into a home at 49 Swan St. at 2:22 a.m. Thursday told occupants of the house that they were police officers.

They then attacked the occupants and caused physical injury, according to police.

Kolton Cotter, 22, of Eagle Harbor Road, Albion (top photo), was charged with: robbery; burglary; coercion; conspiracy; criminal possession of a weapon; criminal impersonation; petit larceny; criminal mischief; assault; possession of burglary tools; unlawful imprisonment; criminal obstruction of breathing; obstruction of governmental administrationl; resisting arrest; and unlawful possession of marijuana.

Andrew Morris, 19, of Main Street, Attica, was charged with: robbery; burglary; coercion; conspiracy; criminal possession of a weapon; criminal impersonation; petit larceny; assault; possession of burglar tools; and unlawful possession of marijuana.

Officer Felicia DeGroot and Sgt. Eric Bolles were first to respond to the report of a break-in in progress and found Morris inside the residence and took him into custody. Cotter fled and was chased by Bolles and Officer Eric Foels. Also assisting in the apprehension of the suspects were Officer Jason Ivison and Officer Darryl Streeter.

Genesee County Sheriff's deputies also assisted at the scene.

Bolles and Foels caught up with him on Graham Street and one of them deployed a Taser to help subdue the suspect. Cotter was transported by Mercy EMS to UMMC for evaluation.

Batavia PD said Morris and Cotter identified themselves as undercover police officers in an attempt to steal property.

At one point, a suspect reportedly told the victims that at least one of them was armed. No firearm was recovered. The type of weapon recovered was not identified by police.

The suspects were arraigned in City Court and jailed without bail.

March 23, 2017 - 2:43am
posted by Billie Owens in crime, batavia, news.

Batavia Police responded a few minutes ago to an apparent "home invasion" at a house on Swan Street after a resident called to report someone was breaking into the house. Upon arrival, an officer said a person was exiting the building.

A backup unit arrived immediately, and a person was said to be running eastbound on adjacent Graham Street, then south.

A police officer chased a suspect on Graham. A Taser was deployed and Mercy medics were then called to 4 Graham St. to evaluate that subject, who was in custody. 

The residence on Swan Street was checked and a second subject was arrested.

"Unknown property" was reportedly removed from the residence during the incident.

"The subject told the victim he had a gun. ... Nothing displayed," said an officer.

UPDATE 2:48 a.m.: The person who was tased is being transported to UMMC.

UPDATE 3:03 a.m.: The person arrested at the residence was apprehended on the second floor. Police say the pair possessed burglary tools and at least one weapon -- not a gun -- was recovered.

March 22, 2017 - 7:00pm

What more do you need? This home covers it all for those that are just starting out or thinking about downsizing! Cute and spacious, it has a first floor bath and laundry and nice area for entertaining downstairs and the privacy of the bedrooms up! A lot has been done to this home and you can easily move in and get your bearings before you have to do anything! Think ahead to SPRING and look forward to working outside in your cute yard that is actually a double lot in the City.

There is a lot to consider here for the money...easy to see anytime, definitely one to check out and think about! Click here to view the complete listing for 9 Colorado Ave. in Batavia. Call Lynn Bezon at Reliant Real Estate today at 585-344-4663!

March 22, 2017 - 3:49pm
posted by Howard B. Owens in crime, batavia, news.
   Jeremy Armstrong

The suspect in a Dec. 2 shooting on Jackson Street has been indicted on a count of attempted murder by a Genesee County Grand Jury.

Jeremy R. "Boog" Armstrong, 26, of Batavia, faces six felony counts stemming from the incident which seriously injured a victim who has not been identified by authorities.

The counts also include assault in the first degree, criminal use of a firearm in the first degree, criminal use of a firearm in the third degree and two counts of criminal possession of a weapon in the second degree.

Armstrong was picked up earlier this month in East Hartford, Conn., on a warrant.

Police say Armstrong fired several shots at close range.

He allegedly shot a person while on Jackson Street and the two men reportedly knew each other.

According to sources, the victim suffered shoulder and chest wounds. He was treated first at UMMC and then transferred to ECMC.

Armstrong was located in East Hartford outside the residence of a family member, according to police. He was taken into custody without incident.

Individuals with information that may assist in the investigation are asked to call Det. Eric Hill (585) 345-6373, Det. Thad Mart at (585) 345- 6372, or the confidential tip line at (585) 345-6370.

March 22, 2017 - 11:49am
posted by Howard B. Owens in crime, batavia, news, byron, Oakfield.

Victor Michael Delatorre, 34, of West Main Street, Batavia, is charged with criminal mischief, 3rd. Delatorre allegedly damaged property of the Genesee County Jail.

Eric McWethy, 20, of Columbia Avenue, Batavia, is charged with loud muffler and unlawful possession of marijuana. McWethy was allegedly found in possession of marijuana during at traffic stop at 9:11 p.m. March 16 on Ellicott Street, Batavia, by Officer Chad Richards.

Keaira Sharee Jones, 25, of Jay Street, Rochester, is charged with unlawful possession of marijuana. Jones was a passenger in a vehicle stopped at 12:34 p.m. March 17 on Washington Avenue by Officer Frank Klimjack.

Cassi A. Schutt, 29, of West Crest Drive, Rochester, is charged with driving on a suspended registration, aggravated unlicensed operation, driving without insurance and failure to stop at sign. Schutt was arrested on a warrant for the listed charges. 

Carlton L. Beardsley, 22, of Walnut Street, Batavia, is charged with criminal obstruction of breaking and menacing, 2nd. Beardsley was arrested following a complaint of a domestic incident at 4:45 p.m. March 17 on Walnut Street, Batavia. He allegedly threatened a female with a knife and then choked her. He was jailed on $5,000 bail or $10,000 bond.

Shane K. Borton, 44, Chase Park, Batavia, is charged criminal contempt, 1st, and harassment, 2nd. Borton was allegedly involved in a physical altercation at 6:02 p.m. Saturday, which also violated an order of protection.

Donald Egan Jr., 26, of State Street, Seneca Falls, was arrested on a warrant. He was jailed on $1,000 bail.

Gangi Steven Perez, 21, of Bridge Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, speeding, possession of alcohol in a vehicle, and unlawful possession of marijuana. Perez was stopped at 12:27 a.m. Saturday on West Main Street, Batavia, by Officer Arick Perkins.

Jamie L. Soto, 42, of Bank Street, Batavia, is charged with offering a false instrument for filing, 1st. Soto allegedly filed a sex offender change of address form with a false address. This is an additional charge added to previous charges.

Ifrah Mohammed Jajimusse, 38, of Main Street, Batavia, is charged with unlawful possession of marijuana. Jajimusse was allegedly found in possession of marijuana during at traffic stop at 8:25 p.m. Monday on West Main Street, Batavia, by Deputy Richard Schildwaster.

Jacob J. Russell, 21, of Walkers Corners Road, Byron, and Salvatore M. Schwable, of Weber Avenue, Oakfield, are charged with unlawful possession of marijuana. Russell and Schwable were in a vehicle stopped by members of the Local Drug Task Force and were allegedly found in possession of marijuana. Schwable was also found to have an arrest warrant of out Batavia Town Court for alleged petit larceny and criminal mischief.

March 22, 2017 - 11:16am
posted by Howard B. Owens in GOP, batavia, news.

Press release:

The Town of Batavia Republican Committee is seeking interested residents who would like to serve on the Committee and participate in their local government process. The requirements to serve on the Committee is to be 18 years old and a registered Republican.

The Committee seeks and endorses candidates for Town and County offices, carries petitions to allow candidates to be on the ballot, and raises funds to support the local campaigns. This is an opportunity to serve your community and be more informed on what is happening in your town.

If you would like more information please contact the Chairman, Steve Hawley at [email protected] or Committee Secretary, Kathy Jasinski, at 762-8239. The next meeting is scheduled for April 12th at 7 p.m. at the Town Hall. All Republicans are welcome to attend.

March 22, 2017 - 11:13am
posted by Howard B. Owens in L&L Transmission, L&L Towing, business, batavia.


L&L Transmission is back in the towing business.

Cameron Selapack admits, yeah, it's a nice excuse to get out of the garage and meet customers in the field, but he said the real reason for bringing back L&L Towing was it was becoming increasingly clear customers needed the service.

They needed another option and a way to save money, especially if they were bringing their car to L&L for service.

"We do offer a discount rate," Selapack said. "If they're bringing their car here, we'll definitely give them a break."

The towing service is available 24 hours a day and the available for any type of call.

L&L Towing can be reached at (716) 984-4870.

March 21, 2017 - 6:07pm
posted by Billie Owens in crime, batavia, news, Le Roy.

A joint effort between the Le Roy Police Department, Genesee County Sheriff’s Office and City of Batavia Police Department led to the arrest today of a wanted fugitive who has been hiding from the law for months.

Oliver Thomas, 25, was wanted in connection to an alleged violent burglary and assault on residents on Central Avenue in the City of Batavia in October and also for allegedly failing to change his address in relation to the NYS Sex Offender Act. Thomas was located at 16 Pleasant St. in Le Roy.

The arrest came after a tip was received that Thomas was currently located at that address and upon investigating, the officers found Thomas and took him into custody without incident.

Thomas was transported to Batavia to face the charges.

He is charged with first-degree burglary and second-degree assault for the crimes alleged in the Central Avenue incident. Thomas served time in prison after he was convicted of rape in 2009 and is required to register as a Level 2 sex offender. 

March 21, 2017 - 5:50pm
posted by Howard B. Owens in batavia, news.

Earlier there was a call for a suspicious condition on Thomas Avenue.

The caller reported that a man had come to the side door of her residence asking to see utility bills, indicating he was with a utility company.

Now, the caller's husband has spotted the man on the street again and has engaged him in a verbal confrontation.

"It's getting heated," according to the dispatcher.

Batavia PD responding.

March 21, 2017 - 4:50pm
posted by Billie Owens in batavia, news, public works, Announcements.

Press release:

The Department of Public Works has completed a Tree Management Plan to guide its efforts over the next 20 years. It was funded by a 2015 grant from the NYS Urban and Community Forestry Council, with technical support was provided by Urban Forest Analytics LLC, based in Geneva. A formal presentation of the plan, open to the public, will be given at City Hall at 5 p.m. on Wednesday, March 22.

The primary goal of the plan is to establish a substantially enlarged and healthier tree population whose larger canopy cover at maturity will supply a significant increase in benefits to the City. Such benefits include environmental services such as carbon dioxide storage and energy use reduction, and can be assigned a monetary value using the i-Tree software developed by the USDA Forest Service. Results show that for every $1 invested by the City of Batavia in the trees on streets and in parks, the community currently receives back about $1.34 in environmental benefits.

Many social benefits have been demonstrated by recent research: reduced road rage, improved worker productivity, increased social ties and neighboring, better physical and mental health, greater consumer activity, etc. Though more difficult to equate with monetary value than environmental benefits, these are of equal importance for the City’s well-being.

The plan lays out a two-phase approach to maximize these benefits for the entire City. Phase 1 covers the first seven years, and focuses on stabilization: removal of trees in poor condition along with replacement, and upgrading maintenance tools and techniques. Phase 2 aims for sustainability: significant increase in street tree density across the City, planning for Park planting, greater citizen involvement, etc.

The plan and supporting documents are available online at:

March 21, 2017 - 4:17pm
posted by Billie Owens in crime, news, alexander, batavia.

On Feb. 27, an officer from the Attica Police Department responded to the Attican Motel, located at 11180 Route 98, Attica, for a report of a suspicious male outside room #101 yelling “Someone’s going to get murdered tonight” and “Everyone is going to die.”

Upon arrival at about 9:30 p.m., the officer met with the individual, Channing Ballinger. During the initial interview, Ballinger police say was irate and refused to comply with police directions. The officer attempted to conduct a mental health arrest of the subject when he began to physically attack the officer, pinning the officer to the ground, according to the police report.

During the struggle the officer was able get free from Ballinger and deploy a Taser. Ballinger was taken into custody with the assistance of deputies from the Wyoming County Sheriff Office, the Genesee County Sheriff Office and the New York State Police. Ballinger and the officers did not sustain any injuries. Ballinger was transported to the Wyoming County Community Hospital Emergency Department for mental health evaluation.

The 32-year-old is charged with: second-degree attempted assault on a police officer; resisting arrest; second-degree obstruction of governmental administration; fourth-degree criminal mischief; and disorderly conduct.

Ballinger has an extensive history of mental health disease and has open criminal charges in the Town of Batavia and Village of Warsaw. Upon Ballinger's release from the mental health unit on March 13, he was placed under arrest and arraigned in Attica Village Court on the charges cited above. Ballinger was then put in Genesee County Jail on $25,000, or $50,000 bond.

Ballinger was to reappear in the Town of Alexander Court on March 14. Channing Ballinger has a history of violence against law enforcement and hospital staff.


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